---
kind: "section"
citation: "25 C.F.R. § 1000.1610"
title: "25"
number: "1000.1610"
heading: "Do Tribes/Consortia need to be aware of areas which FTCA does not cover?"
url: "https://uscodex.org/cfr/25/1000.1610"
---

# §1000.1610. Do Tribes/Consortia need to be aware of areas which FTCA does not cover?


Yes, there are claims against Tribes/Consortia which are not covered by FTCA, claims which may not be pursued under FTCA, and remedies that are excluded by FTCA. The following general guidance is not intended as a definitive description of coverage, which is subject to review by the U.S. Department of Justice and the courts on a case-by-case basis.

- (a) **What claims are expressly barred by FTCA and therefore may not be made against the United States, a Tribe, or Consortium?** Any claim under [28 U.S.C. 2680](/usc/28/2680.md), including claims arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, unless otherwise authorized by [28 U.S.C. 2680(h)](/usc/28/2680.md?p=h).
- (b) **What claims may not be pursued under FTCA?**
  - (1) Claims against subcontractors arising out of the performance of subcontracts with a Tribe/Consortium;
  - (2) Claims for on-the-job injuries which are covered by workmen's compensation;
  - (3) Claims for breach of contract rather than tort claims; or
  - (4) **Claims resulting from activities performed by an employee which are outside the scope of employment.**
- (c) **What remedies are expressly excluded by FTCA and therefore are barred?**
  - (1) Punitive damages, unless otherwise authorized by [28 U.S.C. 2674](/usc/28/2674.md); and
  - (2) **Other remedies not permitted under applicable state law.**

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.