b) If, in its opinion, no agreement has been reached, the Tribe/Consortium may challenge the original decision, as modified by the changes resulting from the informal conference, to the IBIA, the Office Director/Deputy Secretary or the IBCA, in accordance with § 1000.421 of this Subsection. (7) It is the policy of the Secretary, to the extent of his or her powers, to maintain active communication with tribal governments on budgetary matters applicable to programs governed by law and included in an annual individual self-financing agreement. According to Section 403(d) of Pub. L. 93-638, as amended, contains annual financing agreements negotiated between the secretary and an Indian tribe, provisions to oversee the performance of the tribe`s fiduciary functions through the annual valuation of the trust. (b) If a strain withdraws within a funding year, the consortium agreement shall be amended to take into account: (b) The fact that the tribe or consortium has not entered into an agreement will not affect the selection of up to 50 additional strains/consortia in a subsequent year. 1. The AFA shall not exceed the amount of resources which the Office would have devoted that year to the direct operations and indirect support and management of this programme. If the effective date of the successor AFA is not later than the expiration of the current AFA, subject to the terms agreed by the Tribe/Consortium and the Ministry at the time of negotiation of the current AFA or in a subsequent amendment, the Tribe/Consortium may continue the program approved under the AFA, provided that sufficient resources are available.
During this extension period, the current AFA will remain in effect, including tribal/consortium coverage under the Federal Tort Claims Act (FTCA) 28 U.S.C. 2671-2680 (1994), and the tribe/consortium may use any remaining funds under the AFA, savings from other programs, or tribal funds to implement the program. Nothing in this section authorizes the continuation of an AFA beyond the completion of the program approved under the AFA or the amended AFA. This section also does not authorize a tribe or consortium to receive additional funding under a successor AFA, nor does it preclude a tribe from receiving additional funding. Its successor AFA shall provide the Tribe/Consortium with funds in an amount necessary for the Tribe/Consortium to carry out the programmes, functions, services and activities and activities or parts thereof (PFSA) for the entire period during which they have been or will be carried out. 2. In a subsequent year of the AFA, the BIA may adjust the funding of the AFA in an AFA in order to correct a determination of the actual reduction in services, contracts or funds for the following year. (a) If the tribe/consortium and the representatives of the Office do not reach an agreement on the conclusion of negotiations during the negotiation phase, the tribe/consortium and the office may each submit a final offer and the best offer to the other party. Determination agreements and self-government agreements require an annual funding agreement (AFA), which is negotiated annually.
AFAs must be submitted to the funding agency at least 120 days before the end of the current contractual period. (1) For BIA and OIEP programs, the Director shall make a decision on funding or other related matters at least 5 days prior to the 90-day review by Congress. Yes, OMB Circular A-87 encourages organizations to test fee-for-service alternatives. If the parties agree to a fixed-price fee agreement, they must use OMB Circular A-87 as a guide to determine reasonable price (OMB circulars are available at www.whitehouse.gov/omb/ or see 5 CFR 1310.3). If limited earmarked funds are available, negotiating the fixed cost option or another tariff may facilitate an agreement with that tribe or consortium. c) Other factors that the tribe can identify to document its past efforts to participate in self-government and demonstrate its willingness to enter into a self-government agreement. A trust assessment is an annual review and evaluation of trust functions conducted by a tribe or consortium to ensure that the functions are performed in accordance with trust standards set out in federal law. Trust ratings refer to the trust functions performed by the tribe/consortium on its own behalf, as well as the trust functions performed by the tribe/consortium for the benefit of individual Indians or Alaska Natives. (a) At least 15 days prior to the Congress` 90-day review period for the next AFA, the Consortium, GSO, Bureau and outgoing tribe must reach an agreement on the amount of funding and other matters related to the Participating Program or Programs. Retrocession does not affect other parts of the AFA or funding agreements with other offices.
A tribe or consortium may request to negotiate and include retroceded programs in future AFAs or through a self-determination contract. (4) It is the policy of the Secretary that all offices of the Ministry actively exchange information with tribes and tribal consortia in order to encourage tribes and tribal consortia to learn about the Ministry`s programmes and the possibilities of including them in an annual funding agreement. .
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