| 42:1.0.1.13.83.1 | SUBPART A
| Subpart A - General Provisions | |
| 42:1.0.1.13.83.1.89.1 | SECTION 137.1
| 137.1 Authority, purpose and scope | |
| 42:1.0.1.13.83.1.89.2 | SECTION 137.2
| 137.2 Congressional policy. | |
| 42:1.0.1.13.83.1.89.3 | SECTION 137.3
| 137.3 Effect on existing Tribal rights. | |
| 42:1.0.1.13.83.1.89.4 | SECTION 137.4
| 137.4 May Title V be construed to limit or reduce in any way the funding for any program, project, or activity serving an Indian Tribe under this or other applicable Federal law | |
| 42:1.0.1.13.83.1.89.5 | SECTION 137.5
| 137.5 Effect of these regulations on Federal program guidelines, manual, or policy directives. | |
| 42:1.0.1.13.83.1.89.6 | SECTION 137.6
| 137.6 Secretarial policy. | |
| 42:1.0.1.13.83.2 | SUBPART B
| Subpart B - Definitions | |
| 42:1.0.1.13.83.2.89.1 | SECTION 137.10
| 137.10 Definitions. | |
| 42:1.0.1.13.83.3 | SUBPART C
| Subpart C - Selection of Indian Tribes for Participation in Self-Governance | |
| 42:1.0.1.13.83.3.89 | SUBJGRP 89
| Planning Phase | |
| 42:1.0.1.13.83.3.89.1 | SECTION 137.15
| 137.15 Who may participate in Tribal Self-Governance | |
| 42:1.0.1.13.83.3.89.2 | SECTION 137.16
| 137.16 What if more than 50 Indian Tribes apply to participate in self-governance | |
| 42:1.0.1.13.83.3.89.3 | SECTION 137.17
| 137.17 May more than one Indian Tribe participate in the same compact and/or funding agreement | |
| 42:1.0.1.13.83.3.89.4 | SECTION 137.18
| 137.18 What criteria must an Indian Tribe satisfy to be eligible to participate in self-governance | |
| 42:1.0.1.13.83.3.89.5 | SECTION 137.20
| 137.20 What is required during the planning phase | |
| 42:1.0.1.13.83.3.89.6 | SECTION 137.21
| 137.21 How does an Indian Tribe demonstrate financial stability and financial management capacity | |
| 42:1.0.1.13.83.3.89.7 | SECTION 137.22
| 137.22 May the Secretary consider uncorrected significant and material audit exceptions identified regarding centralized financial and administrative functions | |
| 42:1.0.1.13.83.3.89.8 | SECTION 137.23
| 137.23 For purposes of determining eligibility for participation in self-governance, may the Secretary consider any other information regarding the Indian Tribe's financial stability and financial management capacity | |
| 42:1.0.1.13.83.3.89.9 | SECTION 137.24
| 137.24 Are there grants available to assist the Indian Tribe to meet the requirements to participate in self-governance | |
| 42:1.0.1.13.83.3.89.10 | SECTION 137.25
| 137.25 Are planning and negotiation grants available | |
| 42:1.0.1.13.83.3.89.11 | SECTION 137.26
| 137.26 Must an Indian Tribe receive a planning or negotiation grant to be eligible to participate in self-governance | |
| 42:1.0.1.13.83.4 | SUBPART D
| Subpart D - Self-Governance compact | |
| 42:1.0.1.13.83.4.90.1 | SECTION 137.30
| 137.30 What is a self-governance compact | |
| 42:1.0.1.13.83.4.90.2 | SECTION 137.31
| 137.31 What is included in a compact | |
| 42:1.0.1.13.83.4.90.3 | SECTION 137.32
| 137.32 Is a compact required to participate in self-governance | |
| 42:1.0.1.13.83.4.90.4 | SECTION 137.33
| 137.33 May an Indian Tribe negotiate a funding agreement at the same time it is negotiating a compact | |
| 42:1.0.1.13.83.4.90.5 | SECTION 137.34
| 137.34 May a funding agreement be executed without negotiating a compact | |
| 42:1.0.1.13.83.4.90.6 | SECTION 137.35
| 137.35 What is the term of a self-governance compact | |
| 42:1.0.1.13.83.5 | SUBPART E
| Subpart E - Funding Agreements | |
| 42:1.0.1.13.83.5.90 | SUBJGRP 90
| Terms in a Funding Agreement | |
| 42:1.0.1.13.83.5.90.1 | SECTION 137.40
| 137.40 What is a funding agreement | |
| 42:1.0.1.13.83.5.90.2 | SECTION 137.41
| 137.41 What PSFAs must be included in a funding agreement | |
| 42:1.0.1.13.83.5.90.3 | SECTION 137.42
| 137.42 What Tribal shares may be included in a funding agreement | |
| 42:1.0.1.13.83.5.90.4 | SECTION 137.43
| 137.43 May a Tribe negotiate and leave funds with IHS for retained services | |
| 42:1.0.1.13.83.5.90.5 | SECTION 137.45
| 137.45 What terms must be included in a funding agreement | |
| 42:1.0.1.13.83.5.90.6 | SECTION 137.46
| 137.46 May additional terms be included in a funding agreement | |
| 42:1.0.1.13.83.5.90.7 | SECTION 137.47
| 137.47 Do any provisions of Title I apply to compacts, funding agreements, and construction project agreements negotiated under Title V of the Act | |
| 42:1.0.1.13.83.5.90.8 | SECTION 137.48
| 137.48 What is the effect of incorporating a Title I provision into a compact or funding agreement | |
| 42:1.0.1.13.83.5.90.9 | SECTION 137.49
| 137.49 What if a Self-Governance Tribe requests such incorporation at the negotiation stage of a compact or funding agreement | |
| 42:1.0.1.13.83.5.91 | SUBJGRP 91
| Term of a Funding Agreement | |
| 42:1.0.1.13.83.5.91.10 | SECTION 137.55
| 137.55 What is the term of a funding agreement | |
| 42:1.0.1.13.83.5.91.11 | SECTION 137.56
| 137.56 Does a funding agreement remain in effect after the end of its term | |
| 42:1.0.1.13.83.5.91.12 | SECTION 137.57
| 137.57 How is a funding agreement amended during the effective period of the funding agreement | |
| 42:1.0.1.13.83.6 | SUBPART F
| Subpart F - Statutorily Mandated Grants | |
| 42:1.0.1.13.83.6.92.1 | SECTION 137.60
| 137.60 May a statutorily mandated grant be added to a funding agreement | |
| 42:1.0.1.13.83.6.92.2 | SECTION 137.65
| 137.65 May a Self-Governance Tribe receive statutorily mandated grant funding in an annual lump sum advance payment | |
| 42:1.0.1.13.83.6.92.3 | SECTION 137.66
| 137.66 May a Self-Governance Tribe keep interest earned on statutorily mandated grant funds | |
| 42:1.0.1.13.83.6.92.4 | SECTION 137.67
| 137.67 How may a Self-Governance Tribe use interest earned on statutorily mandated grant funds | |
| 42:1.0.1.13.83.6.92.5 | SECTION 137.68
| 137.68 May funds from a statutorily mandated grant added to a funding agreement be reallocated | |
| 42:1.0.1.13.83.6.92.6 | SECTION 137.69
| 137.69 May a statutorily mandated grant program added to a funding agreement be redesigned | |
| 42:1.0.1.13.83.6.92.7 | SECTION 137.70
| 137.70 Are the reporting requirements different for a statutorily mandated grant program added to a funding agreement | |
| 42:1.0.1.13.83.6.92.8 | SECTION 137.71
| 137.71 May the Secretary and the Self-Governance Tribe develop separate programmatic reporting requirements for statutorily mandated grants | |
| 42:1.0.1.13.83.6.92.9 | SECTION 137.72
| 137.72 Are Self-Governance Tribes and their employees carrying out statutorily mandated grant programs added to a funding agreement covered by the Federal Tort Claims Act (FTCA) | |
| 42:1.0.1.13.83.6.92.10 | SECTION 137.73
| 137.73 What provisions of Title V apply to statutorily mandated grants added to the funding agreement | |
| 42:1.0.1.13.83.7 | SUBPART G
| Subpart G - Funding | |
| 42:1.0.1.13.83.7.92 | SUBJGRP 92
| General | |
| 42:1.0.1.13.83.7.92.1 | SECTION 137.75
| 137.75 What funds must the Secretary transfer to a Self-Governance Tribe in a funding agreement | |
| 42:1.0.1.13.83.7.92.2 | SECTION 137.76
| 137.76 When must the Secretary transfer to a Self-Governance Tribe funds identified in a funding agreement | |
| 42:1.0.1.13.83.7.92.3 | SECTION 137.77
| 137.77 When must the Secretary transfer funds that were not paid as part of the initial lump sum payment | |
| 42:1.0.1.13.83.7.92.4 | SECTION 137.78
| 137.78 May a Self-Governance Tribe negotiate a funding agreement for a term longer or shorter than one year | |
| 42:1.0.1.13.83.7.92.5 | SECTION 137.79
| 137.79 What funds must the Secretary include in a funding agreement | |
| 42:1.0.1.13.83.7.93 | SUBJGRP 93
| Prohibitions | |
| 42:1.0.1.13.83.7.93.6 | SECTION 137.85
| 137.85 Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V | |
| 42:1.0.1.13.83.7.93.7 | SECTION 137.86
| 137.86 Is the Secretary prohibited from reducing the amount of funds required under Title V to make funding available for self-governance monitoring or administration by the Secretary | |
| 42:1.0.1.13.83.7.93.8 | SECTION 137.87
| 137.87 May the Secretary reduce the amount of funds due under Title V in subsequent years | |
| 42:1.0.1.13.83.7.93.9 | SECTION 137.88
| 137.88 May the Secretary reduce the amount of funds required under Title V to pay for Federal functions, including Federal pay costs, Federal employee retirement benefits, automated data processing, technical assistance, and monitoring of activities under the Act | |
| 42:1.0.1.13.83.7.93.10 | SECTION 137.89
| 137.89 May the Secretary reduce the amount of funds required under Title V to pay for costs of Federal personnel displaced by contracts under Title I or Self-Governance under Title V | |
| 42:1.0.1.13.83.7.93.11 | SECTION 137.90
| 137.90 May the Secretary increase the funds required under the funding agreement | |
| 42:1.0.1.13.83.7.94 | SUBJGRP 94
| Acquisition of Goods and Services From the IHS | |
| 42:1.0.1.13.83.7.94.12 | SECTION 137.95
| 137.95 May a Self-Governance Tribe purchase goods and services from the IHS on a reimbursable basis | |
| 42:1.0.1.13.83.7.95 | SUBJGRP 95
| Prompt Payment Act | |
| 42:1.0.1.13.83.7.95.13 | SECTION 137.96
| 137.96 Does the Prompt Payment Act apply to funds transferred to a Self-Governance Tribe in a compact or funding agreement | |
| 42:1.0.1.13.83.7.96 | SUBJGRP 96
| Interest or Other Income on Transfers | |
| 42:1.0.1.13.83.7.96.14 | SECTION 137.100
| 137.100 May a Self-Governance Tribe retain and spend interest earned on any funds paid under a compact or funding agreement | |
| 42:1.0.1.13.83.7.96.15 | SECTION 137.101
| 137.101 What standard applies to a Self-Governance Tribe's management of funds paid under a compact or funding agreement | |
| 42:1.0.1.13.83.7.97 | SUBJGRP 97
| Carryover of Funds | |
| 42:1.0.1.13.83.7.97.16 | SECTION 137.105
| 137.105 May a Self-Governance Tribe carryover from one year to the next any funds that remain at the end of the funding agreement | |
| 42:1.0.1.13.83.7.98 | SUBJGRP 98
| Program Income | |
| 42:1.0.1.13.83.7.98.17 | SECTION 137.110
| 137.110 May a Self-Governance Tribe retain and expend any program income earned pursuant to a compact and funding agreement | |
| 42:1.0.1.13.83.7.99 | SUBJGRP 99
| Limitation of Costs | |
| 42:1.0.1.13.83.7.99.18 | SECTION 137.115
| 137.115 Is a Self-Governance Tribe obligated to continue performance under a compact or funding agreement if the Secretary does not transfer sufficient funds | |
| 42:1.0.1.13.83.7.100 | SUBJGRP 100
| Stable Base Budget | |
| 42:1.0.1.13.83.7.100.19 | SECTION 137.120
| 137.120 May a Self-Governance Tribe's funding agreement provide for a stable base budget | |
| 42:1.0.1.13.83.7.100.20 | SECTION 137.121
| 137.121 What funds may be included in a stable base budget amount | |
| 42:1.0.1.13.83.7.100.21 | SECTION 137.122
| 137.122 May a Self-Governance Tribe with a stable base budget receive other funding under its funding agreement | |
| 42:1.0.1.13.83.7.100.22 | SECTION 137.123
| 137.123 Once stable base funding is negotiated, do funding amounts change from year to year | |
| 42:1.0.1.13.83.7.100.23 | SECTION 137.124
| 137.124 Does the effective period of a stable base budget have to be the same as the term of the funding agreement | |
| 42:1.0.1.13.83.8 | SUBPART H
| Subpart H - Final Offer | |
| 42:1.0.1.13.83.8.101 | SUBJGRP 101
| Rejection of Final Offers | |
| 42:1.0.1.13.83.8.101.1 | SECTION 137.130
| 137.130 What is covered by this subpart | |
| 42:1.0.1.13.83.8.101.2 | SECTION 137.131
| 137.131 When should a final offer be submitted | |
| 42:1.0.1.13.83.8.101.3 | SECTION 137.132
| 137.132 How does the Indian Tribe submit a final offer | |
| 42:1.0.1.13.83.8.101.4 | SECTION 137.133
| 137.133 What does a final offer contain | |
| 42:1.0.1.13.83.8.101.5 | SECTION 137.134
| 137.134 When does the 45 day review period begin | |
| 42:1.0.1.13.83.8.101.6 | SECTION 137.135
| 137.135 May the Secretary request and obtain an extension of time of the 45 day review period | |
| 42:1.0.1.13.83.8.101.7 | SECTION 137.136
| 137.136 What happens if the agency takes no action within the 45 day review period (or any extensions thereof) | |
| 42:1.0.1.13.83.8.101.8 | SECTION 137.137
| 137.137 If the 45 day review period or extension thereto, has expired, and the Tribes offer is deemed accepted by operation of law, are there any exceptions to this rule | |
| 42:1.0.1.13.83.8.101.9 | SECTION 137.138
| 137.138 Once the Indian Tribe's final offer has been accepted or deemed accepted by operation of law, what is the next step | |
| 42:1.0.1.13.83.8.101.10 | SECTION 137.140
| 137.140 On what basis may the Secretary reject an Indian Tribe's final offer | |
| 42:1.0.1.13.83.8.101.11 | SECTION 137.141
| 137.141 How does the Secretary reject a final offer | |
| 42:1.0.1.13.83.8.101.12 | SECTION 137.142
| 137.142 What is a “significant danger” or “risk” to the public health | |
| 42:1.0.1.13.83.8.101.13 | SECTION 137.143
| 137.143 How is the funding level to which the Indian Tribe is entitled determined | |
| 42:1.0.1.13.83.8.101.14 | SECTION 137.144
| 137.144 Is technical assistance available to an Indian Tribe to avoid rejection of a final offer | |
| 42:1.0.1.13.83.8.101.15 | SECTION 137.145
| 137.145 If the Secretary rejects a final offer, is the Secretary required to provide the Indian Tribe with technical assistance | |
| 42:1.0.1.13.83.8.101.16 | SECTION 137.146
| 137.146 If the Secretary rejects all or part of a final offer, is the Indian Tribe entitled to an appeal | |
| 42:1.0.1.13.83.8.101.17 | SECTION 137.147
| 137.147 Do those portions of the compact, funding agreement, or amendment not in dispute go into effect | |
| 42:1.0.1.13.83.8.101.18 | SECTION 137.148
| 137.148 Does appealing the decision of the Secretary prevent entering into the compact, funding agreement, or amendment | |
| 42:1.0.1.13.83.8.102 | SUBJGRP 102
| Burden of Proof | |
| 42:1.0.1.13.83.8.102.19 | SECTION 137.150
| 137.150 What is the burden of proof in an appeal from rejection of a final offer | |
| 42:1.0.1.13.83.8.103 | SUBJGRP 103
| Decision Maker | |
| 42:1.0.1.13.83.8.103.20 | SECTION 137.155
| 137.155 What constitutes a final agency action | |
| 42:1.0.1.13.83.9 | SUBPART I
| Subpart I - Operational Provisions | |
| 42:1.0.1.13.83.9.104 | SUBJGRP 104
| Conflicts of Interest | |
| 42:1.0.1.13.83.9.104.1 | SECTION 137.160
| 137.160 Are Self-Governance Tribes required to address potential conflicts of interest | |
| 42:1.0.1.13.83.9.105 | SUBJGRP 105
| Audits and Cost Principles | |
| 42:1.0.1.13.83.9.105.2 | SECTION 137.165
| 137.165 Are Self-Governance Tribes required to undertake annual audits | |
| 42:1.0.1.13.83.9.105.3 | SECTION 137.166
| 137.166 Are there exceptions to the annual audit requirements | |
| 42:1.0.1.13.83.9.105.4 | SECTION 137.167
| 137.167 What cost principles must a Self-Governance Tribe follow when participating in self-governance under Title V | |
| 42:1.0.1.13.83.9.105.5 | SECTION 137.168
| 137.168 May the Secretary require audit or accounting standards other than those specified in § 137.167 | |
| 42:1.0.1.13.83.9.105.6 | SECTION 137.169
| 137.169 How much time does the Federal Government have to make a claim against a Self-Governance Tribe relating to any disallowance of costs, based on an audit conducted under § 137.165 | |
| 42:1.0.1.13.83.9.105.7 | SECTION 137.170
| 137.170 When does the 365 day period commence | |
| 42:1.0.1.13.83.9.105.8 | SECTION 137.171
| 137.171 Where do Self-Governance Tribes send their audit reports | |
| 42:1.0.1.13.83.9.105.9 | SECTION 137.172
| 137.172 Should the audit report be sent anywhere else to ensure receipt by the Secretary | |
| 42:1.0.1.13.83.9.105.10 | SECTION 137.173
| 137.173 Does a Self-Governance Tribe have a right of appeal from a disallowance | |
| 42:1.0.1.13.83.9.106 | SUBJGRP 106
| Records | |
| 42:1.0.1.13.83.9.106.11 | SECTION 137.175
| 137.175 Is a Self-Governance Tribe required to maintain a recordkeeping system | |
| 42:1.0.1.13.83.9.106.12 | SECTION 137.176
| 137.176 Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act | |
| 42:1.0.1.13.83.9.106.13 | SECTION 137.177
| 137.177 Is the Self-Governance Tribe required to make its records available to the Secretary | |
| 42:1.0.1.13.83.9.106.14 | SECTION 137.178
| 137.178 May Self-Governance Tribes store patient records at the Federal Records Centers | |
| 42:1.0.1.13.83.9.106.15 | SECTION 137.179
| 137.179 May a Self-Governance Tribe make agreements with the Federal Records Centers regarding disclosure and release of the patient records stored pursuant to § 137.178 | |
| 42:1.0.1.13.83.9.106.16 | SECTION 137.180
| 137.180 Are there other laws that govern access to patient records | |
| 42:1.0.1.13.83.9.107 | SUBJGRP 107
| Redesign | |
| 42:1.0.1.13.83.9.107.17 | SECTION 137.185
| 137.185 May a Self-Governance Tribe redesign or consolidate the PSFAs that are included in a funding agreement and reallocate or redirect funds for such PSFAs | |
| 42:1.0.1.13.83.9.108 | SUBJGRP 108
| Non-Duplication | |
| 42:1.0.1.13.83.9.108.18 | SECTION 137.190
| 137.190 Is a Self-Governance Tribe that receives funds under Title V also entitled to contract under section 102 of the Act [25 U.S.C. 450(f)] for such funds | |
| 42:1.0.1.13.83.9.109 | SUBJGRP 109
| Health Status Reports | |
| 42:1.0.1.13.83.9.109.19 | SECTION 137.200
| 137.200 Are there reporting requirements for Self-Governance Tribes under Title V | |
| 42:1.0.1.13.83.9.109.20 | SECTION 137.201
| 137.201 What are the purposes of the Tribal reporting requirements | |
| 42:1.0.1.13.83.9.109.21 | SECTION 137.202
| 137.202 What types of information will Self-Governance Tribes be expected to include in the reports | |
| 42:1.0.1.13.83.9.109.22 | SECTION 137.203
| 137.203 May a Self-Governance Tribe participate in a voluntary national uniform data collection effort with the IHS | |
| 42:1.0.1.13.83.9.109.23 | SECTION 137.204
| 137.204 How will this voluntary national uniform data set be developed | |
| 42:1.0.1.13.83.9.109.24 | SECTION 137.205
| 137.205 Will this voluntary uniform data set reporting activity be required of all Self-Governance Tribes entering into a compact with the IHS under Title V | |
| 42:1.0.1.13.83.9.109.25 | SECTION 137.206
| 137.206 Why does the IHS need this information | |
| 42:1.0.1.13.83.9.109.26 | SECTION 137.207
| 137.207 Will funding be provided to the Self-Governance Tribe to compensate for the costs of reporting | |
| 42:1.0.1.13.83.9.110 | SUBJGRP 110
| Savings | |
| 42:1.0.1.13.83.9.110.27 | SECTION 137.210
| 137.210 What happens if self-governance activities under Title V reduce the administrative or other responsibilities of the Secretary with respect to the operation of Indian programs and result in savings | |
| 42:1.0.1.13.83.9.110.28 | SECTION 137.211
| 137.211 How does a Self-Governance Tribe learn whether self-governance activities have resulted in savings as described in § 137.210. | |
| 42:1.0.1.13.83.9.111 | SUBJGRP 111
| Access to Government Furnished Property | |
| 42:1.0.1.13.83.9.111.29 | SECTION 137.215
| 137.215 How does a Self-Governance Tribe obtain title to real and personal property furnished by the Federal Government for use in the performance of a compact, funding agreement, construction project agreement, or grant agreement pursuant to section 512(c) of the Act [25 U.S.C. 458aaa-11(c)] | |
| 42:1.0.1.13.83.9.112 | SUBJGRP 112
| Matching and Cost Participation Requirements | |
| 42:1.0.1.13.83.9.112.30 | SECTION 137.217
| 137.217 May funds provided under compacts, funding agreements, or grants made pursuant to Title V be treated as non-Federal funds for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program | |
| 42:1.0.1.13.83.9.113 | SUBJGRP 113
| Federal Tort Claims Act (FTCA) | |
| 42:1.0.1.13.83.9.113.31 | SECTION 137.220
| 137.220 Do section 314 of Public Law 101-512 [25 U.S.C. 450f note] and section 102(d) of the Act [25 U.S.C. 450f(d)] (regarding, in part, FTCA coverage) apply to compacts, funding agreements and construction project agreements | |
| 42:1.0.1.13.83.10 | SUBPART J
| Subpart J - Regulation Waiver | |
| 42:1.0.1.13.83.10.114.1 | SECTION 137.225
| 137.225 What regulations may be waived under Title V | |
| 42:1.0.1.13.83.10.114.2 | SECTION 137.226
| 137.226 How does a Self-Governance Tribe request a waiver | |
| 42:1.0.1.13.83.10.114.3 | SECTION 137.227
| 137.227 How much time does the Secretary have to act on a waiver request | |
| 42:1.0.1.13.83.10.114.4 | SECTION 137.228
| 137.228 Upon what basis may the waiver request be denied | |
| 42:1.0.1.13.83.10.114.5 | SECTION 137.229
| 137.229 What happens if the Secretary neither approves or denies a waiver request within the time specified in § 137.227 | |
| 42:1.0.1.13.83.10.114.6 | SECTION 137.230
| 137.230 Is the Secretary's decision on a waiver request final for the Department | |
| 42:1.0.1.13.83.10.114.7 | SECTION 137.231
| 137.231 May a Self-Governance Tribe appeal the Secretary's decision to deny its request for a waiver of a regulation promulgated under section 517 of the Act [25 U.S.C. 458aaa-16] | |
| 42:1.0.1.13.83.11 | SUBPART K
| Subpart K - Withdrawal | |
| 42:1.0.1.13.83.11.114.1 | SECTION 137.235
| 137.235 May an Indian Tribe withdraw from a participating inter-Tribal consortium or Tribal organization | |
| 42:1.0.1.13.83.11.114.2 | SECTION 137.236
| 137.236 When does a withdrawal become effective | |
| 42:1.0.1.13.83.11.114.3 | SECTION 137.237
| 137.237 How are funds redistributed when an Indian Tribe fully or partially withdraws from a compact or funding agreement and elects to enter a contract or compact | |
| 42:1.0.1.13.83.11.114.4 | SECTION 137.238
| 137.238 How are funds distributed when an Indian Tribe fully or partially withdraws from a compact or funding agreement administered by an inter-Tribal consortium or Tribal organization serving more than one Indian Tribe and the withdrawing Indian Tribe elects not to enter a contract or compact | |
| 42:1.0.1.13.83.11.114.5 | SECTION 137.239
| 137.239 If the withdrawing Indian Tribe elects to operate PSFAs carried out under a compact or funding agreement under Title V through a contract under Title I, is the resulting contract considered a mature contract under section 4(h) of the Act [25 U.S.C. 450b(h)] | |
| 42:1.0.1.13.83.12 | SUBPART L
| Subpart L - Retrocession | |
| 42:1.0.1.13.83.12.114.1 | SECTION 137.245
| 137.245 What is retrocession | |
| 42:1.0.1.13.83.12.114.2 | SECTION 137.246
| 137.246 How does a Self-Governance Tribe retrocede a PSFA | |
| 42:1.0.1.13.83.12.114.3 | SECTION 137.247
| 137.247 What is the effective date of a retrocession | |
| 42:1.0.1.13.83.12.114.4 | SECTION 137.248
| 137.248 What effect will a retrocession have on a retroceding Self-Governance Tribe's rights to contract or compact under the Act | |
| 42:1.0.1.13.83.12.114.5 | SECTION 137.249
| 137.249 Will retrocession adversely affect funding available for the retroceded program | |
| 42:1.0.1.13.83.12.114.6 | SECTION 137.250
| 137.250 How are funds distributed when a Self-Governance Tribe fully or partially retrocedes from its compact or funding agreement | |
| 42:1.0.1.13.83.12.114.7 | SECTION 137.251.
| 137.251. What obligation does the retroceding Self-Governance Tribe have with respect to returning property that was provided by the Secretary under the compact or funding agreement and that was used in the operation of the retroceded program | |
| 42:1.0.1.13.83.13 | SUBPART M
| Subpart M - Reassumption | |
| 42:1.0.1.13.83.13.114.1 | SECTION 137.255
| 137.255 What does reassumption mean | |
| 42:1.0.1.13.83.13.114.2 | SECTION 137.256
| 137.256 Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof) | |
| 42:1.0.1.13.83.13.114.3 | SECTION 137.257
| 137.257 What steps must the Secretary take prior to reassumption becoming effective | |
| 42:1.0.1.13.83.13.114.4 | SECTION 137.258
| 137.258 Does the Self-Governance Tribe have a right to a hearing prior to a non-immediate reassumption becoming effective | |
| 42:1.0.1.13.83.13.114.5 | SECTION 137.259
| 137.259 What happens if the Secretary determines that the Self-Governance Tribe has not corrected the conditions that the Secretary identified in the notice | |
| 42:1.0.1.13.83.13.114.6 | SECTION 137.260
| 137.260 What is the earliest date on which a reassumption can be effective | |
| 42:1.0.1.13.83.13.114.7 | SECTION 137.261
| 137.261 Does the Secretary have the authority to immediately reassume a PSFA | |
| 42:1.0.1.13.83.13.114.8 | SECTION 137.262
| 137.262 If the Secretary reassumes a PSFA immediately, when must the Secretary provide the Self-Governance Tribe with a hearing | |
| 42:1.0.1.13.83.13.114.9 | SECTION 137.263
| 137.263 May the Secretary provide a grant to a Self-Governance Tribe for technical assistance to overcome conditions identified under § 137.257 | |
| 42:1.0.1.13.83.13.114.10 | SECTION 137.264
| 137.264 To what extent may the Secretary require the Self-Governance Tribe to return property that was provided by the Secretary under the compact or funding agreement and used in the operation of the reassumed program | |
| 42:1.0.1.13.83.13.114.11 | SECTION 137.265
| 137.265 May a Tribe be reimbursed for actual and reasonable close out costs incurred after the effective date of reassumption | |
| 42:1.0.1.13.83.14 | SUBPART N
| Subpart N - Construction | |
| 42:1.0.1.13.83.14.114 | SUBJGRP 114
| Purpose and Scope | |
| 42:1.0.1.13.83.14.114.1 | SECTION 137.270
| 137.270 What is covered by this subpart | |
| 42:1.0.1.13.83.14.114.2 | SECTION 137.271
| 137.271 Why is there a separate subpart in these regulations for construction project agreements | |
| 42:1.0.1.13.83.14.114.3 | SECTION 137.272
| 137.272 What other alternatives are available for Self-Governance Tribes to perform construction projects | |
| 42:1.0.1.13.83.14.114.4 | SECTION 137.273
| 137.273 What are IHS construction PSFAs | |
| 42:1.0.1.13.83.14.114.5 | SECTION 137.274
| 137.274 Does this subpart cover construction programs | |
| 42:1.0.1.13.83.14.114.6 | SECTION 137.275
| 137.275 May Self-Governance Tribes include IHS construction programs in a construction project agreement or in a funding agreement | |
| 42:1.0.1.13.83.14.115 | SUBJGRP 115
| Construction Definitions | |
| 42:1.0.1.13.83.14.115.7 | SECTION 137.280
| 137.280 Construction Definitions. | |
| 42:1.0.1.13.83.14.116 | SUBJGRP 116
| NEPA Process | |
| 42:1.0.1.13.83.14.116.8 | SECTION 137.285
| 137.285 Are Self-Governance Tribes required to accept Federal environmental responsibilities to enter into a construction project agreement | |
| 42:1.0.1.13.83.14.116.9 | SECTION 137.286
| 137.286 Do Self-Governance Tribes become Federal agencies when they assume these Federal environmental responsibilities | |
| 42:1.0.1.13.83.14.116.10 | SECTION 137.287
| 137.287 What is the National Environmental Policy Act (NEPA) | |
| 42:1.0.1.13.83.14.116.11 | SECTION 137.288
| 137.288 What is the National Historic Preservation Act (NHPA) | |
| 42:1.0.1.13.83.14.116.12 | SECTION 137.289
| 137.289 What is a Federal undertaking under NHPA | |
| 42:1.0.1.13.83.14.116.13 | SECTION 137.290
| 137.290 What additional provisions of law are related to NEPA and NHPA | |
| 42:1.0.1.13.83.14.116.14 | SECTION 137.291
| 137.291 May Self-Governance Tribes carry out construction projects without assuming these Federal environmental responsibilities | |
| 42:1.0.1.13.83.14.116.15 | SECTION 137.292
| 137.292 How do Self-Governance Tribes assume environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.116.16 | SECTION 137.293
| 137.293 Are Self-Governance Tribes required to adopt a separate resolution or take equivalent Tribal action to assume environmental responsibilities for each construction project agreement | |
| 42:1.0.1.13.83.14.116.17 | SECTION 137.294
| 137.294 What is the typical IHS environmental review process for construction projects | |
| 42:1.0.1.13.83.14.116.18 | SECTION 137.295
| 137.295 May Self-Governance Tribes elect to develop their own environmental review process | |
| 42:1.0.1.13.83.14.116.19 | SECTION 137.296
| 137.296 How does a Self-Governance Tribe comply with NEPA and NHPA | |
| 42:1.0.1.13.83.14.116.20 | SECTION 137.297
| 137.297 If the environmental review procedures of a Federal agency are adopted by a Self-Governance Tribe, is the Self-Governance Tribe responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws | |
| 42:1.0.1.13.83.14.116.21 | SECTION 137.298
| 137.298 Are Self-Governance Tribes required to comply with Executive Orders to fulfill their environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.116.22 | SECTION 137.299
| 137.299 Are Federal funds available to cover the cost of Self-Governance Tribes carrying out environmental responsibilities | |
| 42:1.0.1.13.83.14.116.23 | SECTION 137.300
| 137.300 Since Federal environmental responsibilities are new responsibilities, which may be assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8], are there additional funds available to Self-Governance Tribes to carry out these formerly inherently Federal responsibilities | |
| 42:1.0.1.13.83.14.116.24 | SECTION 137.301
| 137.301 How are project and program environmental review costs identified | |
| 42:1.0.1.13.83.14.116.25 | SECTION 137.302
| 137.302 Are Federal funds available to cover start-up costs associated with initial Tribal assumption of environmental responsibilities | |
| 42:1.0.1.13.83.14.116.26 | SECTION 137.303
| 137.303 Are Federal or other funds available for training associated with Tribal assumption of environmental responsibilities | |
| 42:1.0.1.13.83.14.116.27 | SECTION 137.304
| 137.304 May Self-Governance Tribes buy back environmental services from the IHS | |
| 42:1.0.1.13.83.14.116.28 | SECTION 137.305
| 137.305 May Self-Governance Tribes act as lead, cooperating, or joint lead agencies for environmental review purposes | |
| 42:1.0.1.13.83.14.116.29 | SECTION 137.306
| 137.306 How are Self-Governance Tribes recognized as having lead, cooperating, or joint lead agency status | |
| 42:1.0.1.13.83.14.116.30 | SECTION 137.307
| 137.307 What Federal environmental responsibilities remain with the Secretary when a Self-Governance Tribe assumes Federal environmental responsibilities for construction projects under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.116.31 | SECTION 137.308
| 137.308 Does the Secretary have any enforcement authority for Federal environmental responsibilities assumed by Tribes under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.116.32 | SECTION 137.309
| 137.309 How are NEPA and NHPA obligations typically enforced | |
| 42:1.0.1.13.83.14.116.33 | SECTION 137.310
| 137.310 Are Self-Governance Tribes required to grant a limited waiver of their sovereign immunity to assume Federal environmental responsibilities under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.116.34 | SECTION 137.311
| 137.311 Are Self-Governance Tribes entitled to determine the nature and scope of the limited immunity waiver required under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)] | |
| 42:1.0.1.13.83.14.116.35 | SECTION 137.312
| 137.312 Who is the proper defendant in a civil enforcement action under section 509(a)(2) of the Act [25 U.S.C. 458aaa-8(a)(2)] | |
| 42:1.0.1.13.83.14.117 | SUBJGRP 117
| Notification (Prioritization Process, Planning, Development and Construction) | |
| 42:1.0.1.13.83.14.117.36 | SECTION 137.320
| 137.320 Is the Secretary required to consult with affected Indian Tribes concerning construction projects and programs | |
| 42:1.0.1.13.83.14.117.37 | SECTION 137.321
| 137.321 How do Indian Tribes and the Secretary identify and request funds for needed construction projects | |
| 42:1.0.1.13.83.14.117.38 | SECTION 137.322
| 137.322 Is the Secretary required to notify an Indian Tribe that funds are available for a construction project or a phase of a project | |
| 42:1.0.1.13.83.14.118 | SUBJGRP 118
| Project Assumption Process | |
| 42:1.0.1.13.83.14.118.39 | SECTION 137.325
| 137.325 What does a Self-Governance Tribe do if it wants to perform a construction project under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.118.40 | SECTION 137.326
| 137.326 What must a Tribal proposal for a construction project agreement contain | |
| 42:1.0.1.13.83.14.118.41 | SECTION 137.327
| 137.327 May multiple projects be included in a single construction project agreement | |
| 42:1.0.1.13.83.14.118.42 | SECTION 137.328
| 137.328 Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals | |
| 42:1.0.1.13.83.14.118.43 | SECTION 137.329
| 137.329 What environmental considerations must be included in the construction project agreement | |
| 42:1.0.1.13.83.14.118.44 | SECTION 137.330
| 137.330 What happens if the Self-Governance Tribe and the Secretary cannot develop a mutually agreeable construction project agreement | |
| 42:1.0.1.13.83.14.118.45 | SECTION 137.331
| 137.331 May the Secretary reject a final construction project proposal based on a determination of Tribal capacity or capability | |
| 42:1.0.1.13.83.14.118.46 | SECTION 137.332
| 137.332 On what basis may the Secretary reject a final construction project proposal | |
| 42:1.0.1.13.83.14.118.47 | SECTION 137.333
| 137.333 What procedures must the Secretary follow if the Secretary rejects a final construction project proposal, in whole or in part | |
| 42:1.0.1.13.83.14.118.48 | SECTION 137.334
| 137.334 What happens if the Secretary fails to notify the Self-Governance Tribe of a decision to approve or reject a final construction project proposal within the time period allowed | |
| 42:1.0.1.13.83.14.118.49 | SECTION 137.335
| 137.335 What costs may be included in the budget for a construction agreement | |
| 42:1.0.1.13.83.14.118.50 | SECTION 137.336
| 137.336 What is the difference between fixed-price and cost-reimbursement agreements | |
| 42:1.0.1.13.83.14.118.51 | SECTION 137.337
| 137.337 What funding must the Secretary provide in a construction project agreement | |
| 42:1.0.1.13.83.14.118.52 | SECTION 137.338
| 137.338 Must funds from other sources be incorporated into a construction project agreement | |
| 42:1.0.1.13.83.14.118.53 | SECTION 137.339
| 137.339 May a Self-Governance Tribe use project funds for matching or cost participation requirements under other Federal and non-Federal programs | |
| 42:1.0.1.13.83.14.118.54 | SECTION 137.340
| 137.340 May a Self-Governance Tribe contribute funding to a project | |
| 42:1.0.1.13.83.14.118.55 | SECTION 137.341
| 137.341 How will a Self-Governance Tribe receive payment under a construction project agreement | |
| 42:1.0.1.13.83.14.118.56 | SECTION 137.342
| 137.342 What happens to funds remaining at the conclusion of a cost reimbursement construction project | |
| 42:1.0.1.13.83.14.118.57 | SECTION 137.343
| 137.343 What happens to funds remaining at the conclusion of a fixed price construction project | |
| 42:1.0.1.13.83.14.118.58 | SECTION 137.344
| 137.344 May a Self-Governance Tribe reallocate funds among construction project agreements | |
| 42:1.0.1.13.83.14.119 | SUBJGRP 119
| Roles of Self-Governance Tribe in Establishing and Implementing Construction Project Agreements | |
| 42:1.0.1.13.83.14.119.59 | SECTION 137.350
| 137.350 Is a Self-Governance Tribe responsible for completing a construction project in accordance with the negotiated construction project agreement | |
| 42:1.0.1.13.83.14.119.60 | SECTION 137.351
| 137.351 Is a Self-Governance Tribe required to submit construction project progress and financial reports for construction project agreements | |
| 42:1.0.1.13.83.14.119.61 | SECTION 137.352
| 137.352 What is contained in a construction project progress report | |
| 42:1.0.1.13.83.14.119.62 | SECTION 137.353
| 137.353 What is contained in a construction project financial report | |
| 42:1.0.1.13.83.14.120 | SUBJGRP 120
| Roles of the Secretary in Establishing and Implementing Construction Project Agreements | |
| 42:1.0.1.13.83.14.120.63 | SECTION 137.360
| 137.360 Does the Secretary approve project planning and design documents prepared by the Self-Governance Tribe | |
| 42:1.0.1.13.83.14.120.64 | SECTION 137.361
| 137.361 Does the Secretary have any other opportunities to approve planning or design documents prepared by the Self-Governance Tribe | |
| 42:1.0.1.13.83.14.120.65 | SECTION 137.362
| 137.362 May construction project agreements be amended | |
| 42:1.0.1.13.83.14.120.66 | SECTION 137.363
| 137.363 What is the procedure for the Secretary's review and approval of amendments | |
| 42:1.0.1.13.83.14.120.67 | SECTION 137.364
| 137.364 What constitutes a significant change in the original scope of work | |
| 42:1.0.1.13.83.14.120.68 | SECTION 137.365
| 137.365 What is the procedure for the Secretary's review and approval of project planning and design documents submitted by the Self-Governance Tribe | |
| 42:1.0.1.13.83.14.120.69 | SECTION 137.366
| 137.366 May the Secretary conduct onsite project oversight visits | |
| 42:1.0.1.13.83.14.120.70 | SECTION 137.367
| 137.367 May the Secretary issue a stop work order under a construction project agreement | |
| 42:1.0.1.13.83.14.120.71 | SECTION 137.368
| 137.368 Is the Secretary responsible for oversight and compliance of health and safety codes during construction projects being performed by a Self-Governance Tribe under section 509 of the Act [25 U.S.C. 488aaa-8] | |
| 42:1.0.1.13.83.14.121 | SUBJGRP 121
| Other | |
| 42:1.0.1.13.83.14.121.72 | SECTION 137.370
| 137.370 Do all provisions of this part apply to construction project agreements under this subpart | |
| 42:1.0.1.13.83.14.121.73 | SECTION 137.371
| 137.371 Who takes title to real property purchased with funds provided under a construction project agreement | |
| 42:1.0.1.13.83.14.121.74 | SECTION 137.372
| 137.372 Does the Secretary have a role in the fee-to-trust process when real property is purchased with construction project agreement funds | |
| 42:1.0.1.13.83.14.121.75 | SECTION 137.373
| 137.373 Do Federal real property laws, regulations and procedures that apply to the Secretary also apply to Self-Governance Tribes that purchase real property with funds provided under a construction project agreement | |
| 42:1.0.1.13.83.14.121.76 | SECTION 137.374
| 137.374 Does the Secretary have a role in reviewing or monitoring a Self-Governance Tribe's actions in acquiring or leasing real property with funds provided under a construction project agreement | |
| 42:1.0.1.13.83.14.121.77 | SECTION 137.375
| 137.375 Are Tribally-owned facilities constructed under section 509 of the Act [25 U.S.C. 458aaa-8] eligible for replacement, maintenance, and improvement funds on the same basis as if title to such property were vested in the United States | |
| 42:1.0.1.13.83.14.121.78 | SECTION 137.376
| 137.376 Are design and construction projects performed by Self-Governance Tribes under section 509 of the Act [25 U.S.C. 458aaa-8] subject to Federal metric requirements | |
| 42:1.0.1.13.83.14.121.79 | SECTION 137.377
| 137.377 Do Federal procurement laws and regulations apply to construction project agreements performed under section 509 of the Act [25 U.S.C. 458aaa-8] | |
| 42:1.0.1.13.83.14.121.80 | SECTION 137.378
| 137.378 Do the Federal Davis-Bacon Act and wage rates apply to construction projects performed by Self-Governance Tribes using their own funds or other non-Federal funds | |
| 42:1.0.1.13.83.14.121.81 | SECTION 137.379
| 137.379 Do Davis-Bacon wage rates apply to construction projects performed by Self-Governance Tribes using Federal funds | |
| 42:1.0.1.13.83.15 | SUBPART O
| Subpart O - Secretarial Responsibilities | |
| 42:1.0.1.13.83.15.122 | SUBJGRP 122
| Budget Request | |
| 42:1.0.1.13.83.15.122.1 | SECTION 137.401
| 137.401 What role does Tribal consultation play in the IHS annual budget request process | |
| 42:1.0.1.13.83.15.123 | SUBJGRP 123
| Reports | |
| 42:1.0.1.13.83.15.123.2 | SECTION 137.405
| 137.405 Is the Secretary required to report to Congress on administration of Title V and the funding requirements presently funded or unfunded | |
| 42:1.0.1.13.83.15.123.3 | SECTION 137.406
| 137.406 In compiling reports pursuant to this section, may the Secretary impose any reporting requirements on Self-Governance Tribes, not otherwise provided in Title V | |
| 42:1.0.1.13.83.15.123.4 | SECTION 137.407
| 137.407 What guidelines will be used by the Secretary to compile information required for the report | |
| 42:1.0.1.13.83.16 | SUBPART P
| Subpart P - Appeals | |
| 42:1.0.1.13.83.16.124 | SUBJGRP 124
| Post-Award Disputes | |
| 42:1.0.1.13.83.16.124.1 | SECTION 137.410
| 137.410 For the purposes of section 110 of the Act [25 U.S.C. 450m-1] does the term contract include compacts, funding agreements, and construction project agreements entered into under Title V | |
| 42:1.0.1.13.83.16.124.2 | SECTION 137.412
| 137.412 Do the regulations at 25 CFR Part 900, Subpart N apply to compacts, funding agreements, and construction project agreements entered into under Title V | |
| 42:1.0.1.13.83.16.125 | SUBJGRP 125
| Pre-Award Disputes | |
| 42:1.0.1.13.83.16.125.3 | SECTION 137.415
| 137.415 What decisions may an Indian Tribe appeal under § 137.415 through 137.436 | |
| 42:1.0.1.13.83.16.125.4 | SECTION 137.416
| 137.416 Do §§ 137.415 through 137.436 apply to any other disputes | |
| 42:1.0.1.13.83.16.125.5 | SECTION 137.417
| 137.417 What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings | |
| 42:1.0.1.13.83.16.125.6 | SECTION 137.418
| 137.418 How does an Indian Tribe know where and when to file its appeal from decisions made by IHS | |
| 42:1.0.1.13.83.16.125.7 | SECTION 137.419
| 137.419 What authority does the IBIA have under §§ 137.415 through 137.436 | |
| 42:1.0.1.13.83.16.125.8 | SECTION 137.420
| 137.420 Does an Indian Tribe have any options besides an appeal | |
| 42:1.0.1.13.83.16.125.9 | SECTION 137.421
| 137.421 How does an Indian Tribe request an informal conference | |
| 42:1.0.1.13.83.16.125.10 | SECTION 137.422
| 137.422 How is an informal conference held | |
| 42:1.0.1.13.83.16.125.11 | SECTION 137.423
| 137.423 What happens after the informal conference | |
| 42:1.0.1.13.83.16.125.12 | SECTION 137.424
| 137.424 Is the recommended decision from the informal conference final for the Secretary | |
| 42:1.0.1.13.83.16.125.13 | SECTION 137.425
| 137.425 How does an Indian Tribe appeal the initial decision if it does not request an informal conference or if it does not agree with the recommended decision resulting from the informal conference | |
| 42:1.0.1.13.83.16.125.14 | SECTION 137.426
| 137.426 May an Indian Tribe get an extension of time to file a notice of appeal | |
| 42:1.0.1.13.83.16.125.15 | SECTION 137.427
| 137.427 What happens after an Indian Tribe files an appeal | |
| 42:1.0.1.13.83.16.125.16 | SECTION 137.428
| 137.428 How is a hearing arranged | |
| 42:1.0.1.13.83.16.125.17 | SECTION 137.429
| 137.429 What happens when a hearing is necessary | |
| 42:1.0.1.13.83.16.125.18 | SECTION 137.430
| 137.430 What is the Secretary's burden of proof for appeals covered by § 137.415 | |
| 42:1.0.1.13.83.16.125.19 | SECTION 137.431
| 137.431 What rights do Indian Tribes and the Secretary have during the appeal process | |
| 42:1.0.1.13.83.16.125.20 | SECTION 137.432
| 137.432 What happens after the hearing | |
| 42:1.0.1.13.83.16.125.21 | SECTION 137.433
| 137.433 Is the recommended decision always final | |
| 42:1.0.1.13.83.16.125.22 | SECTION 137.434
| 137.434 If an Indian Tribe objects to the recommended decision, what will the Secretary do | |
| 42:1.0.1.13.83.16.125.23 | SECTION 137.435
| 137.435 Will an appeal adversely affect the Indian Tribe's rights in other compact, funding negotiations, or construction project agreement | |
| 42:1.0.1.13.83.16.125.24 | SECTION 137.436
| 137.436 Will the decisions on appeal be available for the public to review | |
| 42:1.0.1.13.83.16.126 | SUBJGRP 126
| Appeals of an Immediate Reassumption of a Self-Governance Program | |
| 42:1.0.1.13.83.16.126.25 | SECTION 137.440
| 137.440 What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U.S.C. 458aaa-6(a)(2)(C)] | |
| 42:1.0.1.13.83.16.126.26 | SECTION 137.441
| 137.441 Will there be a hearing | |
| 42:1.0.1.13.83.16.126.27 | SECTION 137.442
| 137.442 What happens after the hearing | |
| 42:1.0.1.13.83.16.126.28 | SECTION 137.443
| 137.443 Is the recommended decision always final | |
| 42:1.0.1.13.83.16.126.29 | SECTION 137.444
| 137.444 If a Self-Governance Tribe objects to the recommended decision, what action will the Secretary take | |
| 42:1.0.1.13.83.16.126.30 | SECTION 137.445
| 137.445 Will an immediate reassumption appeal adversely affect the Self-Governance Tribe's rights in other self-governance negotiations | |
| 42:1.0.1.13.83.16.127 | SUBJGRP 127
| Equal Access to Justice Act Fees | |
| 42:1.0.1.13.83.16.127.31 | SECTION 137.450
| 137.450 Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart | |