---
kind: "section"
citation: "49 C.F.R. § 29.904"
title: "49"
number: "29.904"
heading: "What are pre-award decisions that a Tribe may appeal?"
url: "https://uscodex.org/cfr/49/29.904"
---

# §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.**

## Notes

### Authority

Authority: 23 U.S.C. 207

### Source

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