US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

25 C.F.R. §§ 1000.205–1000.235

7 sections in range

§1000.205. What happens when a Tribe wishes to withdraw from a Consortium funding agreement?

25 C.F.R. § 1000.205

(a)
A Tribe wishing to withdraw from all or a part of a Consortium's funding agreement must notify the parties to the compact and funding agreement. The notice must:
(1)
Be in the form of a Tribal resolution or other official action by the Tribal governing body; and
(2)
Be received no later than 180 days before the effective date of the next Consortium funding agreement, unless the parties agree to another date.
(b)
The resolution referred to in paragraph (a) of this section must indicate whether the Tribe wishes the withdrawn programs to be administered under a title IV funding agreement, title I contract, or directly by the bureau.
(c)
The effective date of the withdrawal will be the date specified in the Tribal resolution and mutually agreed upon by the parties that signed the compact and funding agreement. In the absence of a specific time set forth in the resolution, such withdrawal becomes effective on:
(1)
The earlier of one year after the date of submission of the request, or the date on which the funding agreement expires; or
(2)
Such date as may be mutually agreed upon by the withdrawing Tribe and the parties that signed the compact and funding agreement.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.210. How are funds redistributed when a withdrawing Tribe fully or partially withdraws from a compact and funding agreement and enters a new contract or compact?

25 C.F.R. § 1000.210

When a Tribe eligible to enter into a contract under title I or a compact or funding agreement under title IV fully or partially withdraws from a participating Consortium, and has proposed to enter into a contract or compact and funding agreement covering the withdrawn funds:
(a)
The withdrawing Tribe is entitled to its Tribal share of funds supporting those programs that the Tribe will be carrying out under its own contract or compact and funding agreement (calculated on the same basis or methodology upon which the funds were included in the Consortium's funding agreement); and
(b)
The funds referred to in paragraph (a) of this section must be transferred from the Consortium's funding agreement, on the condition that the provisions of 25 U.S.C. 5321 and 5324(i), as appropriate, apply to the withdrawing Tribe.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.215. If the withdrawing Tribe elects to operate a program carried out under a compact and funding agreement under title IV through a contract under title I, is the resulting contract considered a mature contract under 25 U.S.C. 5304(h)?

25 C.F.R. § 1000.215

If a Tribe withdrawing from a Consortium's funding agreement elects to operate a program carried out under a compact and funding agreement under title IV through a contract under title I, at the option of the Tribe, the resulting contract is considered a mature contract as long as the Tribe meets the requirements set forth in 25 U.S.C. 5304(h).
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.220. How are funds distributed when a withdrawing Tribe fully or partially withdraws from a Consortium's compact and funding agreement and the withdrawing Tribe does not enter a new contract or compact?

25 C.F.R. § 1000.220

All funds not obligated by the Consortium associated with the withdrawing Tribe's returned Tribal share of funds, less close out costs, shall be returned by the Consortium to DOI for operation of the programs included in the withdrawal.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.225. What amount of funding is to be removed from the Consortium's funding agreement for the withdrawing Tribe?

25 C.F.R. § 1000.225

When a Tribe withdraws from a Consortium, the Consortium's funding agreement must be reduced by the portion of funds attributable to the withdrawing Tribe. The Consortium must reduce the funding agreement on the same basis or methodology upon which the funds were included in the Consortium's funding agreement.
(a)
If there is not a clear identifiable methodology upon which to base the reduction for a particular program, the parties to the compact and funding agreement must negotiate an appropriate amount on a case-by-case basis.
(b)
If a Tribe withdraws in the middle of a funding year, the Consortium agreement must be amended to reflect:
(1)
A reduction based on the amount of funds passed directly to the Tribe, or already spent or obligated by the Consortium on behalf of the Tribe; and
(2)
That the Consortium is no longer providing those programs associated with the withdrawn funds.
(c)
Unexpended funds from a previous fiscal year may be factored into the amount by which the Consortium agreement is reduced if:
(1)
The parties to the compact and funding agreement and the withdrawing Tribe agree it is appropriate; and
(2)
The funds are clearly identifiable.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.230. What happens if there is a dispute between the Consortium and the withdrawing Tribe?

25 C.F.R. § 1000.230

(a)
The withdrawing Tribe and the parties to the compact and funding agreement must reach an agreement on the amount of funding and other issues associated with the program(s) involved.
(b)
If agreement is not reached:
(1)
For BIA Programs, the Director of OSG must make a decision on the funding or other issues involved within 45-days of the Tribe's or Consortium's written submittal of the dispute to the Director of OSG with a copy to the other party.
(2)
For non-BIA Programs, the bureau head will make a decision on the funding or other issues involved.
(c)
A copy of the decision made under paragraph (b) of this section must be distributed in accordance with the following table:
(d)
Any decision made under paragraph (b) of this section is appealable under subpart R of this part.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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

§1000.235. When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated with a construction project if the withdrawing Tribe so requests?

25 C.F.R. § 1000.235

Under § 1000.205, a Tribe may withdraw from a Consortium and request that the Secretary award the Tribe its portion of a construction project's funds. The Secretary may decide not to award these funds if the Secretary determines that the award of the withdrawing Tribe's portion of funds would affect the ability of the remaining members of the Consortium to complete a severable or non-severable phase of the project within available funding.
(a)
An example of a non-severable phase of a project would be the construction of a single building to serve all members of a Consortium.
(b)
An example of a severable phase of a project would be the funding of a road in one village where the Consortium would be able to complete the roads in other villages that were part of the project approved initially in the funding agreement.
(c)
The Secretary's decision under this section may be appealed under subpart R of this part.
Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 5373

Source

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