Title 42

PART 137

Part 137 - Tribal Self-governance

PART 137 - TRIBAL SELF-GOVERNANCE Authority:25 U.S.C. 458 et seq. Source:67 FR 35342, May 17, 2002, unless otherwise noted.

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