25 CFR 1000.34 - What happens if there is a dispute between the Consortium and the withdrawing Tribe?

Code of Federal Regulations - Title 25: Indians

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Title 25: Indians

CHAPTER VI: OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

PART 1000: ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT

Subpart B: Selection of Additional Tribes for Participation in Tribal Self-Governance

: Withdrawal from A Consortium Annual Funding Agreement

1000.34 - What happens if there is a dispute between the Consortium and the withdrawing Tribe

(a) At least 15 days before the 90-day Congressional review period of the next AFA, the Consortium, OSG, bureau, and the withdrawing Tribe must reach an agreement on the amount of funding and other issues associated with the program or programs involved.

(b) If agreement is not reached:

(1) For BIA and OIEP programs, at least 5 days before the 90-day Congressional review, the Director must make a decision on the funding or other issues involved.

(2) For non-BIA programs, the bureau head will make a decision on the funding or other issues involved.

(c) A copy of the decision made under paragraph (b) of this section must be distributed in accordance with the following table.

If the program is . . .then a copy of the decision must be sent to . . .
(1) A BIA programBIA regional director, the Deputy Commissioner of Indian Affairs, the withdrawing Tribe, and the Consortium.
(2) An OIEP programthe OIEP line officer, the Director of OIEP, the withdrawing Tribe, and the Consortium.


(d) Any decision made under paragraph (b) of this section is appealable under subpart R of this part.



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