Title 49

PART 29

Part 29 - Tribal Transportation Self-governance Program

PART 29 - TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM Authority:23 U.S.C. 207 Source:85 FR 33504, June 1, 2020, unless otherwise noted.

49:1.0.1.1.22.1SUBPART A
Subpart A - General Provisions
49:1.0.1.1.22.1.23.1SECTION 29.1
   29.1 What is the purpose and authority for this part
49:1.0.1.1.22.1.23.2SECTION 29.2
   29.2 What is the Department's policy for the Program
49:1.0.1.1.22.1.23.3SECTION 29.3
   29.3 What is the effect of this part on existing Tribal rights
49:1.0.1.1.22.1.23.4SECTION 29.4
   29.4 How do Departmental circulars, policies, manuals, guidance, or rules apply to a Tribe's performance under the Program
49:1.0.1.1.22.1.23.5SECTION 29.5
   29.5 Who is responsible for carrying out the functions connected with the Program
49:1.0.1.1.22.1.23.6SECTION 29.6
   29.6 Must the Department consult with Tribes regarding matters that affect the Program
49:1.0.1.1.22.1.23.7SECTION 29.7
   29.7 What is the effect of this Program on existing Tribal Transportation Program agreements
49:1.0.1.1.22.1.23.8SECTION 29.8
   29.8 What happens if more than one party purports to be the authorized representative of a Tribe
49:1.0.1.1.22.1.23.9SECTION 29.9
   29.9 What definitions apply to this part
49:1.0.1.1.22.2SUBPART B
Subpart B - Eligibility and Negotiation Process
49:1.0.1.1.22.2.23SUBJGRP 23
   Eligibility
49:1.0.1.1.22.2.23.1SECTION 29.100
   29.100 What are the criteria for eligibility to participate in the Program
49:1.0.1.1.22.2.24SUBJGRP 24
   Negotiations
49:1.0.1.1.22.2.24.2SECTION 29.101
   29.101 How does a Tribe commence negotiations for a compact, funding agreement, or amendment
49:1.0.1.1.22.2.24.3SECTION 29.102
   29.102 What information should a Tribe provide to the Department when it expresses its interest in negotiating a compact, funding agreement, or amendment
49:1.0.1.1.22.2.24.4SECTION 29.103
   29.103 How will the Department respond to a Tribe's written request
49:1.0.1.1.22.2.24.5SECTION 29.104
   29.104 Must the Department and a Tribe follow a specific process when negotiating compacts, funding agreements, and amendments
49:1.0.1.1.22.2.24.6SECTION 29.105
   29.105 Will negotiations commence or conclude within a specified time period
49:1.0.1.1.22.2.24.7SECTION 29.106
   29.106 What are best practices to pursue negotiations
49:1.0.1.1.22.2.24.8SECTION 29.107
   29.107 What recourse does the Department or the Tribe have if the negotiations reach an impasse
49:1.0.1.1.22.2.24.9SECTION 29.108
   29.108 May the Department and the Tribe continue to negotiate after the Tribe submits a final offer
49:1.0.1.1.22.2.24.10SECTION 29.109
   29.109 Who is responsible for drafting the compact or funding agreement
49:1.0.1.1.22.3SUBPART C
Subpart C - Final Offer Process
49:1.0.1.1.22.3.25SUBJGRP 25
   Rejection of Final Offers
49:1.0.1.1.22.3.25.1SECTION 29.200
   29.200 What is covered by this subpart
49:1.0.1.1.22.3.25.2SECTION 29.201
   29.201 In what circumstances should a Tribe submit a final offer
49:1.0.1.1.22.3.25.3SECTION 29.202
   29.202 How does a Tribe submit a final offer
49:1.0.1.1.22.3.25.4SECTION 29.203
   29.203 What must a final offer contain
49:1.0.1.1.22.3.25.5SECTION 29.204
   29.204 How many days does the Department have to respond to a final offer
49:1.0.1.1.22.3.25.6SECTION 29.205
   29.205 How does the Department acknowledge receipt of a final offer
49:1.0.1.1.22.3.25.7SECTION 29.206
   29.206 May the Department request and obtain an extension of time of the 45-day review period
49:1.0.1.1.22.3.25.8SECTION 29.207
   29.207 What happens if the Department takes no action within the 45-day review period (or any extensions thereof)
49:1.0.1.1.22.3.25.9SECTION 29.208
   29.208 What happens once the Department accepts the Tribe's final offer or the final offer is accepted by operation of law
49:1.0.1.1.22.3.25.10SECTION 29.209
   29.209 On what basis may the Department reject a Tribe's final offer
49:1.0.1.1.22.3.25.11SECTION 29.210
   29.210 How does the Department reject a final offer
49:1.0.1.1.22.3.25.12SECTION 29.211
   29.211 Is technical assistance available to a Tribe to overcome rejection of a final offer
49:1.0.1.1.22.3.25.13SECTION 29.212
   29.212 May a Tribe appeal the rejection of a final offer
49:1.0.1.1.22.3.25.14SECTION 29.213
   29.213 If a Tribe appeals a final offer, do the remaining provisions of the compact, funding agreement, or amendment not in dispute go into effect
49:1.0.1.1.22.4SUBPART D
Subpart D - Contents of Compacts and Funding Agreements
49:1.0.1.1.22.4.26SUBJGRP 26
   Compacts
49:1.0.1.1.22.4.26.1SECTION 29.300
   29.300 What is included in a compact
49:1.0.1.1.22.4.26.2SECTION 29.301
   29.301 Is a compact required to participate in the Program
49:1.0.1.1.22.4.26.3SECTION 29.302
   29.302 What is the duration of a compact
49:1.0.1.1.22.4.26.4SECTION 29.303
   29.303 May more than one Tribe enter into a single compact and funding agreement
49:1.0.1.1.22.4.26.5SECTION 29.304
   29.304 May a compact be amended
49:1.0.1.1.22.4.27SUBJGRP 27
   Funding Agreements
49:1.0.1.1.22.4.27.6SECTION 29.305
   29.305 When can a Tribe initiate negotiation of a funding agreement
49:1.0.1.1.22.4.27.7SECTION 29.306
   29.306 What is the duration of a funding agreement
49:1.0.1.1.22.4.27.8SECTION 29.307
   29.307 What terms must a funding agreement include
49:1.0.1.1.22.4.27.9SECTION 29.308
   29.308 May the funding agreement include additional terms from title I of the Indian Self-Determination and Education Assistance Act
49:1.0.1.1.22.4.27.10SECTION 29.309
   29.309 Will a funding agreement include provisions pertaining to flexible or innovative financing
49:1.0.1.1.22.4.27.11SECTION 29.310
   29.310 How is a funding agreement amended
49:1.0.1.1.22.4.27.12SECTION 29.311
   29.311 Is a subsequent funding agreement retroactive to the end of the term of the preceding funding agreement
49:1.0.1.1.22.5SUBPART E
Subpart E - Rules and Procedures for Transfer and Use of Funds
49:1.0.1.1.22.5.28.1SECTION 29.400
   29.400 What funds may a Tribe elect to include in a funding agreement
49:1.0.1.1.22.5.28.2SECTION 29.401
   29.401 What funds must the Department transfer to a Tribe in a funding agreement
49:1.0.1.1.22.5.28.3SECTION 29.402
   29.402 Is the Tribe responsible for the funds included in a funding agreement
49:1.0.1.1.22.5.28.4SECTION 29.403
   29.403 When must the Department transfer to a Tribe the funds identified in a funding agreement
49:1.0.1.1.22.5.28.5SECTION 29.404
   29.404 When must the Department transfer funds that were not paid as part of the initial lump sum payment (or initial periodic payment)
49:1.0.1.1.22.5.28.6SECTION 29.405
   29.405 When must the Department transfer funds for a discretionary or competitive grant
49:1.0.1.1.22.5.28.7SECTION 29.406
   29.406 Does the award of funds for a discretionary or competitive grant entitle a Tribe to receive the same amount in subsequent years
49:1.0.1.1.22.5.28.8SECTION 29.407
   29.407 Does the award of funds for discretionary or competitive grants entitle the Tribe to receive contract support costs
49:1.0.1.1.22.5.28.9SECTION 29.408
   29.408 How may a Tribe use interest earned on funds included in a funding agreement
49:1.0.1.1.22.5.28.10SECTION 29.409
   29.409 May a Tribe carry over from one fiscal year to the next any funds that remain at the end of the funding agreement
49:1.0.1.1.22.5.28.11SECTION 29.410
   29.410 May a Tribe use remaining funds from a discretionary or competitive grant included in a funding agreement
49:1.0.1.1.22.5.28.12SECTION 29.411
   29.411 Are funds included in a compact and funding agreement non-Federal funds for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program
49:1.0.1.1.22.5.28.13SECTION 29.412
   29.412 May the Department increase the funds included in the funding agreement if necessary to carry out the Program
49:1.0.1.1.22.5.28.14SECTION 29.413
   29.413 How will the Department assist a Tribe with its credit requests
49:1.0.1.1.22.5.28.15SECTION 29.414
   29.414 What limitations apply to Department actions related to transfer of funds associated with PSFAs
49:1.0.1.1.22.5.28.16SECTION 29.415
   29.415 Does the Prompt Payment Act apply to funds included in a funding agreement
49:1.0.1.1.22.5.28.17SECTION 29.416
   29.416 What standard applies to a Tribe's management of funds included in a funding agreement
49:1.0.1.1.22.5.28.18SECTION 29.417
   29.417 Must a Tribe continue performance of the Tribal Transportation Program or the Tribal Transit Program under a compact and funding agreement if the Department does not transfer sufficient funds
49:1.0.1.1.22.5.28.19SECTION 29.418
   29.418 May a funding agreement include transfers of State funds
49:1.0.1.1.22.5.28.20SECTION 29.419
   29.419 Does the award of formula funds entitle a Tribe to receipt of contract support costs
49:1.0.1.1.22.5.28.21SECTION 29.420
   29.420 Is a Tribe entitled to enter into facility leases from the Department and to receive facility support costs
49:1.0.1.1.22.5.28.22SECTION 29.421
   29.421 May a Tribe redesign, consolidate, reallocate, or redirect the funds included in a funding agreement
49:1.0.1.1.22.6SUBPART F
Subpart F - Program Operations
49:1.0.1.1.22.6.28SUBJGRP 28
   Audits and Cost Principles
49:1.0.1.1.22.6.28.1SECTION 29.500
   29.500 Must a Tribe undertake an annual audit
49:1.0.1.1.22.6.28.2SECTION 29.501
   29.501 Must a Tribe submit any required audits to the Federal Audit Clearinghouse and the Department
49:1.0.1.1.22.6.28.3SECTION 29.502
   29.502 Who is responsible for compiling, copying, and paying for materials for any audit or examination
49:1.0.1.1.22.6.28.4SECTION 29.503
   29.503 How may the Federal Government make a claim against a Tribe relating to any disallowance of costs based on an audit conducted under this part
49:1.0.1.1.22.6.28.5SECTION 29.504
   29.504 What cost principles must a Tribe apply in compacts and funding agreements
49:1.0.1.1.22.6.29SUBJGRP 29
   Standards for Tribal Management Systems
49:1.0.1.1.22.6.29.6SECTION 29.505
   29.505 What are the financial management systems that a Tribe carrying out a compact and funding agreement must develop, implement, and maintain to ensure the proper expenditure and accounting of Federal funds
49:1.0.1.1.22.6.29.7SECTION 29.506
   29.506 What standards apply to a Tribe's financial management systems when carrying out a compact and funding agreement
49:1.0.1.1.22.6.29.8SECTION 29.507
   29.507 What minimum requirements must a Tribe's financial management system include to meet the standards set forth in § 29.506
49:1.0.1.1.22.6.29.9SECTION 29.508
   29.508 What procurement standards apply to contracts carried out using funds included in a funding agreement
49:1.0.1.1.22.6.29.10SECTION 29.509
   29.509 What property management systems and standards must a Tribe maintain
49:1.0.1.1.22.6.30SUBJGRP 30
   Records
49:1.0.1.1.22.6.30.11SECTION 29.510
   29.510 Must a Tribe maintain a recordkeeping system
49:1.0.1.1.22.6.30.12SECTION 29.511
   29.511 Are Tribal records subject to the Freedom of Information Act and Federal Privacy Act
49:1.0.1.1.22.6.30.13SECTION 29.512
   29.512 Must a Tribe make its records available to the Department
49:1.0.1.1.22.6.30.14SECTION 29.513
   29.513 How long must a Tribe keep and make available records
49:1.0.1.1.22.6.31SUBJGRP 31
   Procurement
49:1.0.1.1.22.6.31.15SECTION 29.514
   29.514 When procuring property or services with funds included in a funding agreement, can a Tribe follow its own procurement standards
49:1.0.1.1.22.6.31.16SECTION 29.515
   29.515 What are the minimum procurement standards that a Tribe must follow when procuring property or services with funds included in a funding agreement
49:1.0.1.1.22.6.31.17SECTION 29.516
   29.516 Do Federal laws and regulations apply to a Tribe's contractors or subcontractors
49:1.0.1.1.22.6.31.18SECTION 29.517
   29.517 Can a Tribe use Federal supply sources in the performance of a compact and funding agreement
49:1.0.1.1.22.6.32SUBJGRP 32
   Reporting
49:1.0.1.1.22.6.32.19SECTION 29.518
   29.518 What reporting must a Tribe provide
49:1.0.1.1.22.6.33SUBJGRP 33
   Property
49:1.0.1.1.22.6.33.20SECTION 29.519
   29.519 How may a Tribe use existing Department facilities, equipment, or property
49:1.0.1.1.22.6.33.21SECTION 29.520
   29.520 How may a Tribe acquire surplus or excess Federal property for use under the Program
49:1.0.1.1.22.6.33.22SECTION 29.521
   29.521 How must a Tribe use surplus or excess Federal property acquired under the Program
49:1.0.1.1.22.6.33.23SECTION 29.522
   29.522 If a compact or funding agreement (or portion thereof) is retroceded, reassumed, terminated, or expires, may the Department reacquire title to property purchased with funds under any compact and funding agreement or excess or surplus Federal property that was donated to the Tribe under the Program
49:1.0.1.1.22.6.34SUBJGRP 34
   Technical Assistance
49:1.0.1.1.22.6.34.24SECTION 29.523
   29.523 What technical assistance is available to a Tribe from the Department
49:1.0.1.1.22.6.35SUBJGRP 35
   Prevailing Wages
49:1.0.1.1.22.6.35.25SECTION 29.524
   29.524 Do the wage and labor standards in the Davis-Bacon Act apply to employees of a Tribe
49:1.0.1.1.22.6.36SUBJGRP 36
   Tribal Preference
49:1.0.1.1.22.6.36.26SECTION 29.525
   29.525 Does Indian preference apply to PSFAs under the Program
49:1.0.1.1.22.6.36.27SECTION 29.526
   29.526 When do Tribal employment law and contract preference laws govern
49:1.0.1.1.22.6.37SUBJGRP 37
   Environmental and Cultural Resource Compliance
49:1.0.1.1.22.6.37.28SECTION 29.527
   29.527 What compliance with environmental and cultural resource statutes is required
49:1.0.1.1.22.6.38SUBJGRP 38
   Federal Tort Claims Act
49:1.0.1.1.22.6.38.29SECTION 29.528
   29.528 Is the Federal Tort Claims Act applicable to a Tribe when carrying out a compact and funding agreement
49:1.0.1.1.22.6.38.30SECTION 29.529
   29.529 What steps should a Tribe take after becoming aware of a Federal Tort Claim
49:1.0.1.1.22.6.38.31SECTION 29.530
   29.530 Is it necessary for a compact or funding agreement to include any terms about FTCA coverage
49:1.0.1.1.22.6.38.32SECTION 29.531
   29.531 Does FTCA cover employees of the Tribe who are paid by the Tribe from funds other than those provided through the compact and funding agreement
49:1.0.1.1.22.6.38.33SECTION 29.532
   29.532 May persons who are not Indians assert claims under FTCA
49:1.0.1.1.22.6.38.34SECTION 29.533
   29.533 Does the year PSFAs are funded affect FTCA coverage
49:1.0.1.1.22.6.39SUBJGRP 39
   Waiver of Program Regulations
49:1.0.1.1.22.6.39.35SECTION 29.534
   29.534 What is the process for regulation waivers under this part
49:1.0.1.1.22.7SUBPART G
Subpart G - Withdrawal
49:1.0.1.1.22.7.40.1SECTION 29.600
   29.600 May a Tribe withdraw from a consortium
49:1.0.1.1.22.7.40.2SECTION 29.601
   29.601 When does a withdrawal from a consortium become effective
49:1.0.1.1.22.7.40.3SECTION 29.602
   29.602 How are funds redistributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe and elects to enter into a compact and funding agreement with the Department
49:1.0.1.1.22.7.40.4SECTION 29.603
   29.603 How are funds distributed when a Tribe fully or partially withdraws from a compact and funding agreement administered by a consortium serving more than one Tribe, and the withdrawing Tribe elects not to or is ineligible to enter into a compact and funding agreement
49:1.0.1.1.22.8SUBPART H
Subpart H - Retrocession
49:1.0.1.1.22.8.40.1SECTION 29.700
   29.700 May a Tribe retrocede a PSFA and the associated funds
49:1.0.1.1.22.8.40.2SECTION 29.701
   29.701 How does a Tribe notify the Department of its intention to retrocede
49:1.0.1.1.22.8.40.3SECTION 29.702
   29.702 What happens if the Department of the Interior determines that it provides the transportation services the Tribe intends to retrocede
49:1.0.1.1.22.8.40.4SECTION 29.703
   29.703 What happens if the Department of the Interior determines that it does not provide the transportation services the Tribe intends to retrocede
49:1.0.1.1.22.8.40.5SECTION 29.704
   29.704 When is the retrocession effective
49:1.0.1.1.22.8.40.6SECTION 29.705
   29.705 What effect will a retrocession have on a Tribe's right to compact under the Program
49:1.0.1.1.22.8.40.7SECTION 29.706
   29.706 Will retrocession adversely affect future funding available for the retroceded program
49:1.0.1.1.22.9SUBPART I
Subpart I - Termination and Reassumption
49:1.0.1.1.22.9.40.1SECTION 29.800
   29.800 When can the Department reassume a compact or funding agreement
49:1.0.1.1.22.9.40.2SECTION 29.801
   29.801 Can the Department reassume a portion of a compact or funding agreement and the associated funds
49:1.0.1.1.22.9.40.3SECTION 29.802
   29.802 What process must the Department follow before termination of a compact or funding agreement (or portion thereof)
49:1.0.1.1.22.9.40.4SECTION 29.803
   29.803 What happens if the Department determines that the Tribe has not corrected the conditions that the Department identified in the notice
49:1.0.1.1.22.9.40.5SECTION 29.804
   29.804 When may the Department reassume
49:1.0.1.1.22.9.40.6SECTION 29.805
   29.805 When can the Department immediately terminate a compact or funding agreement (or portion thereof)
49:1.0.1.1.22.9.40.7SECTION 29.806
   29.806 Upon termination, what happens to the funds associated with the terminated portions of the compact or funding agreement
49:1.0.1.1.22.10SUBPART J
Subpart J - Dispute Resolution and Appeals
49:1.0.1.1.22.10.40SUBJGRP 40
   Pre-Award Decisions
49:1.0.1.1.22.10.40.1SECTION 29.900
   29.900 What is the purpose of this subpart
49:1.0.1.1.22.10.40.2SECTION 29.901
   29.901 Can the Department and a Tribe resolve disputes using alternative dispute resolution processes
49:1.0.1.1.22.10.40.3SECTION 29.902
   29.902 Does the Equal Access to Justice Act apply to the Program
49:1.0.1.1.22.10.40.4SECTION 29.903
   29.903 What determinations may not be appealed under this subpart
49:1.0.1.1.22.10.40.5SECTION 29.904
   29.904 What are pre-award decisions that a Tribe may appeal
49:1.0.1.1.22.10.40.6SECTION 29.905
   29.905 To whom does a Tribe appeal a pre-award decision
49:1.0.1.1.22.10.40.7SECTION 29.906
   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
49:1.0.1.1.22.10.40.8SECTION 29.907
   29.907 When and how must a Tribe appeal a pre-award decision
49:1.0.1.1.22.10.40.9SECTION 29.908
   29.908 May a Tribe request an extension of time to file an administrative appeal
49:1.0.1.1.22.10.40.10SECTION 29.909
   29.909 When and how must the hearing official respond to the Tribe's appeal
49:1.0.1.1.22.10.40.11SECTION 29.910
   29.910 What is the Department's burden of proof for appeals of pre-award decisions
49:1.0.1.1.22.10.40.12SECTION 29.911
   29.911 What is the effect of a pending appeal on negotiations
49:1.0.1.1.22.10.41SUBJGRP 41
   Post-Award Disputes
49:1.0.1.1.22.10.41.13SECTION 29.912
   29.912 What is a post-award dispute
49:1.0.1.1.22.10.41.14SECTION 29.913
   29.913 What is a claim under the Contract Disputes Act
49:1.0.1.1.22.10.41.15SECTION 29.914
   29.914 How does a Tribe file a Contract Disputes Act claim
49:1.0.1.1.22.10.41.16SECTION 29.915
   29.915 Must a Tribe certify a Contract Disputes Act claim
49:1.0.1.1.22.10.41.17SECTION 29.916
   29.916 Who bears the burden of proof in a Contract Disputes Act claim
49:1.0.1.1.22.10.41.18SECTION 29.917
   29.917 What is the Department's role in processing a Contract Disputes Act claim
49:1.0.1.1.22.10.41.19SECTION 29.918
   29.918 What information must the Self-Governance Official's decision contain
49:1.0.1.1.22.10.41.20SECTION 29.919
   29.919 When must the Self-Governance Official issue a written decision on the claim
49:1.0.1.1.22.10.41.21SECTION 29.920
   29.920 Is a decision of the Self-Governance Official final
49:1.0.1.1.22.10.41.22SECTION 29.921
   29.921 Where may the Tribe appeal the Self-Governance Official's decision on a Contract Disputes Act claim
49:1.0.1.1.22.10.41.23SECTION 29.922
   29.922 May a party appeal a Civilian Board of Contract Appeals decision
49:1.0.1.1.22.10.41.24SECTION 29.923
   29.923 What is the effect of a pending appeal
49:1.0.1.1.22.10.42SUBJGRP 42
   Termination Appeals
49:1.0.1.1.22.10.42.25SECTION 29.924
   29.924 May a Tribe appeal the Department's decision to terminate a compact or funding agreement
49:1.0.1.1.22.10.42.26SECTION 29.925
   29.925 Is a Tribe entitled to a hearing on the record
49:1.0.1.1.22.10.42.27SECTION 29.926
   29.926 What rights do the Department and a Tribe have in an appeal of a termination decision
49:1.0.1.1.22.10.42.28SECTION 29.927
   29.927 What notice and service must the Department and the Tribe provide
49:1.0.1.1.22.10.42.29SECTION 29.928
   29.928 What is the Department's burden of proof for a termination decision
49:1.0.1.1.22.10.42.30SECTION 29.929
   29.929 How will the Department communicate its decision following a hearing on a termination decision
49:1.0.1.1.22.10.42.31SECTION 29.930
   29.930 May the Department or the Tribe appeal the decision of an administrative law judge
49:1.0.1.1.22.10.42.32SECTION 29.931
   29.931 How can the Department or the Tribe obtain review of the recommended decision of an administrative law judge
49:1.0.1.1.22.10.42.33SECTION 29.932
   29.932 May a Tribe appeal the decision of the Secretary
49:1.0.1.1.22.10.42.34SECTION 29.933
   29.933 What is the effect of an appeal on negotiations