---
kind: "range"
citation: "49 C.F.R. §§ 29.904–29.911"
title: "49"
from: "29.904"
to: "29.911"
count: 8
url: "https://uscodex.org/cfr/49/29.904..29.911"
---

# §29.904. What are pre-award decisions that a Tribe may appeal?


A Tribe may appeal pre-award decisions, which include:

- (a) A decision whether to include a Department program in a funding agreement;
- (b) A decision whether an activity is an inherent Federal function;
- (c) A decision on a final offer before the Department and the Tribe enter into a compact or funding agreement;
- (d) A decision on a final offer before the Department and the Tribe execute an amendment modifying the terms of an existing compact or funding agreement; and
- (e) **An eligibility determination.**

# §29.905. To whom does a Tribe appeal a pre-award decision?


A Tribe appeals a pre-award decision in accordance with the process in [§ 29.907](/cfr/49/29.907.md) to a hearing official who was not involved in the initial decision and is appointed by the General Counsel of the Department.


# §29.906. Must a Tribe exhaust its administrative remedies before initiating a civil action against the Department in the U.S. District Courts for a pre-award decision?


A Tribe must exhaust its administrative remedies before initiating a civil action against the Department in the U.S. District Courts, except a Tribe may appeal the rejection of a final offer directly to the U.S. District Courts in lieu of an administrative appeal.


# §29.907. When and how must a Tribe appeal a pre-award decision?

- (a) Unless a Tribe appeals, a pre-award decision becomes final 30 days after receipt by the Tribe. To appeal the pre-award decision, a Tribe must submit a written request to the Office of the General Counsel and the Self-Governance Official within 30 days of receiving the pre-award decision. The request must include a statement describing the reasons for appeal and any supporting documentation.
- (b) The Tribe may request to resolve the dispute using an alternative dispute resolution process before the hearing official issues a decision.

# §29.908. May a Tribe request an extension of time to file an administrative appeal?


If a Tribe needs additional time, it may request an extension of time to file an appeal of a pre-award decision. Within 30 days of receiving a decision, a Tribe must request the extension from the Office of the General Counsel, which has the discretion to grant the extension, and notify the Self-Governance Official of the request. The request must be in writing and give a reason for not filing its administrative appeal within the 30-day period. The Department may accept an appeal after the 30-day period for good cause.


# §29.909. When and how must the hearing official respond to the Tribe's appeal?

- (a) The hearing official must issue a decision in writing within 60 days of the receipt of the appeal. If the Tribe requests an informal hearing, the hearing official must issue a decision within 60 days of the hearing.
- (b) All decisions issued by the hearing official must include a statement describing the rights of a Tribe to appeal the decision to the U.S. District Courts. The Department must provide the decision to the Tribe by any method that provides a receipt.

# §29.910. What is the Department's burden of proof for appeals of pre-award decisions?


The Department must demonstrate by clear and convincing evidence the validity of a pre-award decision, and that the decision is consistent with [23 U.S.C. 207](/usc/23/207.md).


# §29.911. What is the effect of a pending appeal on negotiations?


A pending appeal of a pre-award decision will not prevent the Department from negotiating and executing the non-disputed, severable provisions of a compact or funding agreement or prevent the Department from awarding funds to the Tribe that may be included in a funding agreement.