---
kind: "section"
citation: "49 C.F.R. § 29.528"
title: "49"
number: "29.528"
heading: "Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement?"
url: "https://uscodex.org/cfr/49/29.528"
---

# §29.528. Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement?

- (a) Section 314 of Public Law 101-512 and [25 U.S.C. 5396(a)](/usc/25/5396.md?p=a) incorporated by [23 U.S.C. 207(l)(8)](/usc/23/207.md?p=l-8) make the Federal Tort Claims Act (FTCA), 28 U.S.C. [1346(b)](/usc/28/1346.md?p=b), [2401](/usc/28/2401.md), [2671-2680](/usc/28/2671-2680.md), applicable to a Tribe carrying out a compact and funding agreement.
- (b) Contractors, subcontractors, or sub-recipients of a Tribe are not subject to the terms and conditions of the FTCA. The Tribe may use the regulations set forth in [25 CFR part 900](/cfr/25/part900.md), [subpart M](/cfr/49/subpartM.md), as guidance on the Tribe's rights and responsibilities under the FTCA. Accordingly, the Tribe must include, in any contract entered into with funds provided under a compact and funding agreement, a requirement that contractors, sub-contractors, or sub-recipients maintain applicable insurance coverage, such as workers compensation, auto, and general liability insurance, consistent with statutory minimums and local industry standards.

## Notes

### Authority

Authority: 23 U.S.C. 207

### Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.