1. CHAPTER I BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
2. SUBCHAPTER A PROCEDURES AND PRACTICE
3. PART 1 APPLICABILITY OF RULES OF THE BUREAU OF INDIAN AFFAIRS
4. § 1.1 [Reserved]
5. § 1.2 Applicability of regulations and reserved authority of the Secretary of the Interior.
6. § 1.3 Scope.
7. § 1.4 State and local regulation of the use of Indian property.
8. § 1.10 Availability of forms.
9. PART 2 APPEALS FROM ADMINISTRATIVE DECISIONS
10. Subpart A Purpose, Definitions, and Scope of this Part
11. § 2.100 What is the purpose of this part?
12. § 2.101 What terms do I need to know?
13. § 2.102 What may I appeal under this part?
14. § 2.103 Are all appeals subject to this part?
15. § 2.104 How will I know what decisions are appealable under this part?
16. § 2.105 Who will receive notice of decisions that are appealable under this part?
17. § 2.106 How does this part comply with the Paperwork Reduction Act?
18. Subpart B Appealing Administrative Decisions
19. § 2.200 Who may appeal a decision?
20. § 2.201 Do I need a lawyer in order to file a document in an appeal?
21. § 2.202 Who decides administrative appeals?
22. § 2.203 How long do I have to file an appeal?
23. § 2.204 Will the reviewing official grant a request for an extension of time to file a Notice of Appeal?
24. § 2.205 How do I file a Notice of Appeal?
25. § 2.206 What must I include in my Notice of Appeal?
26. § 2.207 Do I have to send the Notice of Appeal to anyone other than the reviewing official?
27. § 2.208 What must I file in addition to the Notice of Appeal?
28. § 2.209 Who may file a response to the statement of reasons?
29. § 2.210 How long does the decision-maker or an interested party have to file a response?
30. § 2.211 What must a response to the statement of reasons include?
31. § 2.212 Will the reviewing official accept additional briefings?
32. § 2.213 What role does the decision-maker have in the appeal process?
33. § 2.214 What requirements apply to my submission of documents?
34. Subpart C Effectiveness and Finality of Decisions
35. § 2.300 When is a decision effective?
36. § 2.301 When is a decision a final agency action?
37. Subpart D Appeal Bonds
38. § 2.400 When may the reviewing official require an appeal bond?
39. § 2.401 How will the reviewing official determine whether to require an appeal bond?
40. § 2.402 What form of appeal bond will the reviewing official accept?
41. § 2.403 May I appeal the decision whether to require an appeal bond?
42. § 2.404 What will happen to my appeal if I fail to post a required appeal bond?
43. § 2.405 How will the reviewing official notify interested parties of the decision on a request for an appeals bond?
44. Subpart E Deciding Appeals
45. § 2.500 May an appeal be consolidated with other appeals?
46. § 2.501 May an appealed decision be partially implemented?
47. § 2.502 May I withdraw my appeal once it has been filed?
48. § 2.503 May an appeal be dismissed without a decision on the merits?
49. § 2.504 What information will the reviewing official consider?
50. § 2.505 When will the reviewing official issue a decision on an appeal?
51. § 2.506 How does the reviewing official notify the appellant and other interested parties of a decision?
52. § 2.507 How do I appeal a reviewing official's decision?
53. § 2.508 May the AS-IA take jurisdiction over an appeal to the IBIA?
54. § 2.509 May I ask the AS-IA to take jurisdiction over my appeal?
55. § 2.510 How will the AS-IA handle my appeal?
56. § 2.511 May the Secretary decide an appeal?
57. § 2.512 May the Director of the Office of Hearings and Appeals take jurisdiction over a matter?
58. Subpart F Appealing Inaction of an Agency Official
59. § 2.600 May I compel an agency official to take action?
60. § 2.601 When must a decision-maker respond to a request to act?
61. § 2.602 What may I do if the decision-maker fails to respond?
62. § 2.603 How do I submit an appeal of inaction?
63. § 2.604 What will the next official in the decision-maker's chain of command do in response to my appeal?
64. § 2.605 May I appeal continued inaction by the decision-maker or the next official in the decision-maker's chain of command?
65. § 2.606 May I appeal inaction by a reviewing official on an appeal from a decision?
66. § 2.607 What happens if no official responds to my requests under this subpart?
67. Subpart G Special Rules Regarding Recognition of Tribal Representative
68. § 2.700 What is the purpose of this subpart?
69. § 2.701 May a Local Bureau Official's decision to recognize, or decline to recognize, a Tribal representative be appealed?
70. § 2.702 How will I know what decisions are appealable under this subpart?
71. § 2.703 How do I file a Notice of Appeal of a Tribal representative recognition decision?
72. § 2.704 How long do I have to file an appeal of a Tribal representative recognition decision?
73. § 2.705 Is there anything else I must file?
74. § 2.706 When must I file my statement of reasons?
75. § 2.707 May the LBO and interested parties file a response to the statement of reasons?
76. § 2.708 How long do interested parties have to file a response?
77. § 2.709 What will the LBO do in response to my appeal?
78. § 2.710 When will the reviewing official decide a Tribal representative recognition appeal?
79. § 2.711 May the decision deadline be extended?
80. § 2.712 May the AS-IA take jurisdiction over the appeal?
81. § 2.713 May I ask the AS-IA to take jurisdiction over the appeal?
82. § 2.714 May the reviewing official's decision on Tribal representative recognition be appealed?
83. Subpart H Appeals of Bureau of Trust Funds Administration Statements of Performance
84. § 2.800 What is the purpose of this subpart?
85. § 2.801 What terms do I need to know for this subpart?
86. § 2.802 What must I do if I want to challenge the accuracy of activity within a Statement of Performance?
87. § 2.803 Is every account holder allowed to challenge the accuracy of activity within a Statement of Performance?
88. § 2.804 May I challenge the underlying action that generated the proceeds deposited into my account under this subpart?
89. § 2.805 May I challenge anything other than the activity in the account under this subpart?
90. § 2.806 What must my Objection to the Statement of Performance contain?
91. § 2.807 What must my Basis of Objection contain?
92. § 2.808 To whom must I submit my Objection to the Statement of Performance?
93. § 2.809 When must I submit my Objection to the Statement of Performance?
94. § 2.810 Will the decision-maker acknowledge receipt of my Objection to the Statement of Performance?
95. § 2.811 May I request an extension of time to submit my Objection to the Statement of Performance?
96. § 2.812 May I appeal the denial of my request for an extension of time?
97. § 2.813 If I fail to submit either an Objection to the Statement of Performance or the Basis of Objection within the applicable deadlines, what is the consequence?
98. § 2.814 How long will the decision-maker have to issue a Decision on my Objection to the Statement of Performance?
99. § 2.815 What information will the Decision on my Objection to the Statement of Performance contain?
100. § 2.816 May I appeal the Decision on my Objection to the Statement of Performance?
101. § 2.817 What must my Appeal of the Decision on the Objection to the Statement of Performance contain?
102. § 2.818 To whom must I submit my Appeal of a Decision on my Objection to the Statement of Performance?
103. § 2.819 When must my Appeal be filed?
104. § 2.820 May I submit any other documents in support of my Appeal?
105. § 2.821 May I request an extension of time to submit my Appeal?
106. § 2.822 What happens if I do not submit my Appeal within the 30-day deadline?
107. § 2.823 When will the reviewing official issue the BTFA's ruling?
108. § 2.824 May I appeal the BTFA's ruling?
109. § 2.825 When does the Statement of Performance or a Decision become final?
110. Subpart I Alternative Dispute Resolution
111. § 2.900 Is there a procedure other than a formal appeal for resolving disputes?
112. § 2.901 How do I request alternative dispute resolution?
113. § 2.902 When do I initiate alternative dispute resolution?
114. § 2.903 What will Indian Affairs do if I request alternative dispute resolution?
115. PART 5 PREFERENCE IN EMPLOYMENT
116. § 5.1 Definitions.
117. § 5.2 Appointment actions.
118. § 5.3 Application procedure for preference eligibility.
119. § 5.4 Information collection.
120. SUBCHAPTER B LAW AND ORDER
121. PART 10 INDIAN COUNTRY DETENTION FACILITIES AND PROGRAMS
122. § 10.1 Why are policies and standards needed for Indian country detention programs?
123. § 10.2 Who is responsible for developing and maintaining the policies and standards for detention and holding facilities in Indian country?
124. § 10.3 Who must follow these policies and standards?
125. § 10.4 What happens if the policies and standards are not followed?
126. § 10.5 Where can I find the policies and standards for the administration, operation, services, and physical plant/construction of Indian country detention, community residential, and holding facilities?
127. § 10.6 How is the BIA assured that the policies and standards are being applied uniformly and facilities are properly accredited?
128. § 10.7 Where do I find help or receive technical assistance in complying with the policies and standards?
129. § 10.8 What minimum records must be kept and reports made at each detention, community residential, or holding facility in Indian country?
130. § 10.9 If a person is detained or incarcerated in an Indian country detention, community residential, or holding facility, how would they know what their rights, privileges, safety, protection and expected behavior would be?
131. § 10.10 What happens if I believe my civil rights have been violated while incarcerated in an Indian country detention or holding facility?
132. § 10.11 How would someone detained or incarcerated, or their representative, get the BIA policies and standards?
133. PART 11 COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE
134. Subpart A Application; Jurisdiction
135. § 11.100 Where are Courts of Indian Offenses established?
136. § 11.102 What is the purpose of this part?
137. § 11.104 When does this part apply?
138. § 11.106 Who is an Indian for purposes of this part?
139. § 11.108 How are tribal ordinances affected by this part?
140. § 11.110 How are tribal customs affected by this part?
141. § 11.112 [Reserved]
142. § 11.114 What is the criminal jurisdiction of the Court of Indian Offenses?
143. § 11.116 What is the civil jurisdiction of a Court of Indian Offenses?
144. § 11.118 What are the jurisdictional limitations of the Court of Indian Offenses?
145. Subpart B Courts of Indian Offenses; Personnel; Administration
146. § 11.200 What is the composition of the Court of Indian Offenses?
147. § 11.201 How are magistrates for the Court of Indian Offenses appointed?
148. § 11.202 How is a magistrate of the Court of Indian Offenses removed?
149. § 11.203 How are the clerks of the Court of Indian Offenses appointed and what are their duties?
150. § 11.204 Prosecutors.
151. § 11.205 Are there standards for the appearance of attorneys and lay counselors?
152. § 11.206 Is the Court of Indian Offenses a court of record?
153. § 11.207 What are the responsibilities of Bureau of Indian Affairs employees?
154. § 11.208 May Individual Indian Money accounts be used for payment of judgments?
155. § 11.209 How does the Court of Indian Offenses dispose of fines?
156. Subpart C Criminal Procedure
157. § 11.300 Complaints.
158. § 11.301 Arrests.
159. § 11.302 Arrest warrants.
160. § 11.303 Notification of rights prior to custodial interrogation.
161. § 11.304 Summons in lieu of warrant.
162. § 11.305 Search warrants.
163. § 11.306 Search without a warrant.
164. § 11.307 Disposition of seized property.
165. § 11.308 Commitments.
166. § 11.309 Arraignments.
167. § 11.310 Bail.
168. § 11.311 Subpoenas.
169. § 11.312 Witness fees.
170. § 11.313 Trial procedure.
171. § 11.314 Jury trials.
172. § 11.315 Sentencing.
173. § 11.316 Probation.
174. § 11.317 Parole.
175. § 11.318 Extradition.
176. Subpart D Criminal Offenses
177. § 11.400 Assault.
178. § 11.401 Recklessly endangering another person.
179. § 11.402 Terroristic threats.
180. § 11.403 Unlawful restraint.
181. § 11.404 False imprisonment.
182. § 11.405 Interference with custody.
183. § 11.406 Criminal coercion.
184. § 11.407 Sexual assault.
185. § 11.408 Indecent exposure.
186. § 11.409 Reckless burning or exploding.
187. § 11.410 Criminal mischief.
188. § 11.411 Criminal trespass.
189. § 11.412 Theft.
190. § 11.413 Receiving stolen property.
191. § 11.414 Embezzlement.
192. § 11.415 Fraud.
193. § 11.416 Forgery.
194. § 11.417 Extortion.
195. § 11.418 Misbranding.
196. § 11.419 Unauthorized use of automobiles and other vehicles.
197. § 11.420 Tampering with records.
198. § 11.421 Bad checks.
199. § 11.422 Unauthorized use of credit cards.
200. § 11.423 Defrauding secured creditors.
201. § 11.424 Neglect of children.
202. § 11.425 Persistent non-support.
203. § 11.426 Bribery.
204. § 11.427 Threats and other improper influence in official and political matters.
205. § 11.428 Retaliation for past official action.
206. § 11.429 Perjury.
207. § 11.430 False alarms.
208. § 11.431 False reports.
209. § 11.432 Impersonating a public servant.
210. § 11.433 Disobedience to lawful order of court.
211. § 11.434 Resisting arrest.
212. § 11.435 Obstructing justice.
213. § 11.436 Escape.
214. § 11.437 Bail jumping.
215. § 11.438 Flight to avoid prosecution or judicial process.
216. § 11.439 Witness tampering.
217. § 11.440 Tampering with or fabricating physical evidence.
218. § 11.441 Disorderly conduct.
219. § 11.442 Riot; failure to disperse.
220. § 11.443 Harassment.
221. § 11.444 Carrying concealed weapons.
222. § 11.445 Driving violations.
223. § 11.446 Cruelty to animals.
224. § 11.447 Maintaining a public nuisance.
225. § 11.448 Abuse of office.
226. § 11.449 Violation of an approved tribal ordinance.
227. § 11.450 Maximum fines and sentences of imprisonment.
228. § 11.451 Abuse of psychotoxic chemical solvents.
229. § 11.452 Possession of a controlled substance.
230. § 11.453 Prostitution or solicitation.
231. § 11.454 Domestic violence.
232. Subpart E Civil Actions
233. § 11.500 Law applicable to civil actions.
234. § 11.501 Judgments in civil actions.
235. § 11.502 Costs in civil actions.
236. § 11.503 Applicable civil procedure.
237. § 11.504 Applicable rules of evidence.
238. Subpart F Domestic Relations
239. § 11.600 Marriages.
240. § 11.601 Marriage licenses.
241. § 11.602 Solemnization.
242. § 11.603 Invalid or prohibited marriages.
243. § 11.604 Declaration of invalidity.
244. § 11.605 Dissolution.
245. § 11.606 Dissolution proceedings.
246. § 11.607 Temporary orders and temporary injunctions.
247. § 11.608 Final decree; disposition of property; maintenance; child support; custody.
248. § 11.609 Determination of paternity and support.
249. § 11.610 Appointment of guardians.
250. § 11.611 Change of name.
251. Subpart G Probate Proceedings
252. § 11.700 Probate jurisdiction.
253. § 11.701 Duty to present will for probate.
254. § 11.702 Proving and admitting will.
255. § 11.703 Petition and order to probate estate.
256. § 11.704 Appointment and duties of executor or administrator.
257. § 11.705 Removal of executor or administrator.
258. § 11.706 Appointment and duties of appraiser.
259. § 11.707 Claims against estate.
260. § 11.708 Sale of property.
261. § 11.709 Final account.
262. § 11.710 Determination of the court.
263. § 11.711 Descent and distribution.
264. § 11.712 Closing estate.
265. § 11.713 Small estates.
266. Subpart H Appellate Proceedings
267. § 11.800 Jurisdiction of appellate division.
268. § 11.801 Procedure on appeal.
269. § 11.802 Judgment against surety.
270. § 11.803 Record on appeal.
271. § 11.804 Briefs and memoranda.
272. § 11.805 Oral argument.
273. § 11.806 Rules of court.
274. Subpart I Children's Court
275. § 11.900 Definitions.
276. § 11.901 The children's court established.
277. § 11.902 Non-criminal proceedings.
278. § 11.903 Presenting officer.
279. § 11.904 Guardian ad litem.
280. § 11.905 Jurisdiction.
281. § 11.906 Rights of parties.
282. § 11.907 Transfer to Court of Indian Offenses.
283. § 11.908 Court records.
284. § 11.909 Law enforcement records.
285. § 11.910 Expungement.
286. § 11.911 Appeal.
287. § 11.912 Contempt of court.
288. Subpart J Juvenile Offender Procedure
289. § 11.1000 Complaint.
290. § 11.1001 Warrant.
291. § 11.1002 Custody.
292. § 11.1003 Law enforcement officer's duties.
293. § 11.1004 Detention and shelter care.
294. § 11.1005 Preliminary inquiry.
295. § 11.1006 Investigation by the presenting officer.
296. § 11.1007 Petition.
297. § 11.1008 Date of hearing.
298. § 11.1009 Summons.
299. § 11.1010 Adjudicatory hearing.
300. § 11.1011 Dispositional hearing.
301. § 11.1012 Dispositional alternatives.
302. § 11.1013 Modification of dispositional order.
303. § 11.1014 Medical examination.
304. Subpart K Minor-in-Need-of-Care Procedure
305. § 11.1100 Complaint.
306. § 11.1101 Warrant.
307. § 11.1102 Custody.
308. § 11.1103 Law enforcement officer's duties.
309. § 11.1104 Shelter care.
310. § 11.1105 Preliminary inquiry.
311. § 11.1106 Investigation by the presenting officer.
312. § 11.1107 Petition.
313. § 11.1108 Date of hearing.
314. § 11.1109 Summons.
315. § 11.1110 Minor-in-need-of-care adjudicatory hearing.
316. § 11.1111 Minor-in-need-of-care dispositional hearing.
317. § 11.1112 Dispositional alternatives.
318. § 11.1113 Modification of dispositional order.
319. § 11.1114 Termination.
320. § 11.1115 Information collection.
321. Subpart L Child Protection and Domestic Violence Procedures
322. § 11.1200 Definitions.
323. § 11.1202 How to petition for an order of protection.
324. § 11.1204 Obtaining an emergency order of protection.
325. § 11.1206 Obtaining a regular (non-emergency) order of protection.
326. § 11.1208 Service of the protection order.
327. § 11.1210 Duration and renewal of a regular protection order.
328. § 11.1212 Consequences of disobedience or interference.
329. § 11.1214 Relationship of this subpart to other remedies.
330. PART 12 INDIAN COUNTRY LAW ENFORCEMENT
331. Subpart A Responsibilities
332. § 12.1 Who is responsible for the Bureau of Indian Affairs law enforcement function?
333. § 12.2 What is the role of the Bureau of Indian Affairs Director of Law Enforcement Services?
334. § 12.3 Who supervises Bureau of Indian Affairs criminal investigators?
335. § 12.4 Who supervises the Bureau of Indian Affairs uniformed police, detention, and conservation enforcement functions?
336. Subpart B Policies and Standards
337. § 12.11 Do I have to follow these regulations?
338. § 12.12 What about self-determination?
339. § 12.13 What happens if I do not follow the rules in this part?
340. § 12.14 Where can I find specific policies and standards for law enforcement functions in Indian country?
341. Subpart C Authority and Jurisdiction
342. § 12.21 What authority is given to Indian country law enforcement officers to perform their duties?
343. § 12.22 Can Bureau of Indian Affairs law enforcement officers enforce tribal laws?
344. § 12.23 What are the jurisdictional limits in Indian country?
345. Subpart D Qualifications and Training Requirements
346. § 12.31 Are there any minimum employment standards for Indian country law enforcement personnel?
347. § 12.32 Do minimum employment standards include a background investigation?
348. § 12.33 Are Indian country law enforcement officers paid less than other law enforcement officers?
349. § 12.34 Do minimum salaries and position classifications apply to a tribe that has contracted or compacted law enforcement under self-determination?
350. § 12.35 Do Indian country law enforcement officers complete any special training?
351. § 12.36 Does other law enforcement training count?
352. Subpart E Records and Information
353. § 12.41 Who keeps statistics for Indian country law enforcement activities?
354. § 12.42 Do Indian country law enforcement programs share information with their own communities or other agencies?
355. Subpart F Conduct
356. § 12.51 Must Indian country law enforcement officers follow a code of conduct?
357. § 12.52 How do I report misconduct?
358. § 12.53 Who investigates officer misconduct?
359. § 12.54 What can I do if I believe my civil rights have been violated?
360. § 12.55 Are there any limits on how much force an officer can use when performing law enforcement duties?
361. Subpart G Support Functions
362. § 12.61 Can I be paid for information that helps solve a crime?
363. § 12.62 Who decides what uniform an Indian country law enforcement officer can wear and who pays for it?
364. § 12.63 Do Indian country law enforcement officers perform other duties as well?
365. PART 13 TRIBAL REASSUMPTION OF JURISDICTION OVER CHILD CUSTODY PROCEEDINGS
366. Subpart A Purpose
367. § 13.1 Purpose.
368. § 13.2 Information collection.
369. Subpart B Reassumption
370. § 13.11 Contents of reassumption petitions.
371. § 13.12 Criteria for approval of reassumption petitions.
372. § 13.13 Technical assistance prior to petitioning.
373. § 13.14 Secretarial review procedure.
374. § 13.15 Administrative appeals.
375. § 13.16 Technical assistance after disapproval.
376. SUBCHAPTER C PROBATE
377. PART 15 PROBATE OF INDIAN ESTATES, EXCEPT FOR MEMBERS OF THE OSAGE NATION AND THE FIVE CIVILIZED TRIBES
378. Subpart A Introduction
379. § 15.1 What is the purpose of this part?
380. § 15.2 What definitions do I need to know?
381. § 15.3 Who can make a will disposing of trust or restricted land or trust personalty?
382. § 15.4 What are the requirements for a valid will?
383. § 15.5 May I revoke my will?
384. § 15.6 May my will be deemed revoked by operation of the law of any State?
385. § 15.7 What is a self-proved will?
386. § 15.8 May I make my will, codicil, or revocation self-proved?
387. § 15.9 What information must be included in an affidavit for a self-proved will, codicil, or revocation?
388. § 15.10 What assets will the Secretary probate?
389. § 15.11 What are the basic steps of the probate process?
390. § 15.12 What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?
391. Subpart B Starting the Probate Process
392. § 15.101 When should I notify the agency of the death of a person owning trust or restricted property?
393. § 15.102 Who may notify the agency of a death?
394. § 15.103 How do I begin the probate process?
395. § 15.104 Does the agency need a death certificate to prepare a probate file?
396. § 15.105 What other documents does the agency need to prepare a probate file?
397. § 15.106 May a probate case be initiated when an owner of an interest has been absent?
398. § 15.107 Who prepares a probate file?
399. § 15.108 If the decedent was not an enrolled member of a tribe or was a member of more than one tribe, who prepares the probate file?
400. Subpart C Preparing the Probate File
401. § 15.201 What will the agency do with the documents that I provide?
402. § 15.202 What items must the agency include in the probate file?
403. § 15.203 What information must Tribes provide BIA to complete the probate file?
404. § 15.204 When is a probate file complete?
405. Subpart D Obtaining Emergency Assistance and Filing Claims
406. § 15.301 May funds for funeral services be paid from the decedent's IIM account?
407. § 15.302 May I file a claim against an estate?
408. § 15.303 Where may I file my claim against an estate?
409. § 15.304 When must I file my claim?
410. § 15.305 What must I include with my claim?
411. Subpart E Probate Processing and Distributions
412. § 15.401 What happens after BIA prepares the probate file?
413. § 15.402 What happens after the probate file is referred to OHA?
414. § 15.403 What happens after the probate order is issued?
415. § 15.404 What happens if BIA identifies additional property of a decedent after the probate decision is issued?
416. § 15.405 What happens if BIA identifies that property was incorrectly included in a decedent's inventory?
417. Subpart F Information and Records
418. § 15.501 How may I find out the status of a probate?
419. § 15.502 Who owns the records associated with this part?
420. § 15.503 How must records associated with this part be preserved?
421. § 15.504 Who may inspect records and records management practices?
422. § 15.505 How does the Paperwork Reduction Act affect this part?
423. PART 16 ESTATES OF INDIANS OF THE FIVE CIVILIZED TRIBES
424. § 16.1 Definitions.
425. § 16.2 Scope of regulations.
426. § 16.3 Legal representation in State courts.
427. § 16.4 Exchange of information within the Department.
428. § 16.5 Acceptance and acknowledgement of service of process.
429. § 16.6 Authority of attorneys in State court litigation.
430. § 16.7 Performance of Federal functions by successor State courts.
431. § 16.8 Summary distribution of small liquid estates.
432. § 16.9 Escheat of estates of decedents.
433. PART 17 ACTION ON WILLS OF OSAGE INDIANS
434. § 17.1 Definitions.
435. § 17.2 Attorneys.
436. § 17.3 Pleadings, notice and hearings.
437. § 17.4 Service on interested parties.
438. § 17.5 Minors represented at hearings.
439. § 17.6 Examination of witness.
440. § 17.7 Limiting number of witnesses.
441. § 17.8 Supplemental hearing.
442. § 17.9 Briefs.
443. § 17.10 Record.
444. § 17.11 Inspection of wills and approval as to form during testator's lifetime.
445. § 17.12 Approval.
446. § 17.13 Government employees as beneficiaries.
447. § 17.14 Appeals.
448. PART 18 TRIBAL PROBATE CODES
449. Subpart A General Provisions
450. § 18.1 What is the purpose of this part?
451. § 18.2 What definitions do I need to know?
452. Subpart B Approval of Tribal Probate Codes
453. § 18.101 May a tribe create and adopt its own tribal probate code?
454. § 18.102 When must a tribe submit its tribal probate code to the Department for approval?
455. § 18.103 Which provisions within a tribal probate code require the Department's approval?
456. § 18.104 May a tribe include provisions in its tribal probate code regarding the distribution and descent of trust personalty?
457. § 18.105 How does a tribe request approval for a tribal probate code?
458. § 18.106 What will the Department consider in the approval process?
459. § 18.107 When will the Department approve or disapprove a tribal probate code?
460. § 18.108 What happens if the Department approves the tribal probate code?
461. § 18.109 How will a tribe be notified of the disapproval of a tribal probate code?
462. § 18.110 When will a tribal probate code become effective?
463. § 18.111 What will happen if a tribe repeals its probate code?
464. § 18.112 May a tribe appeal the approval or disapproval of a probate code?
465. Subpart C Approval of Tribal Probate Code Amendments
466. § 18.201 May a tribe amend a tribal probate code?
467. § 18.202 How does a tribe request approval for a tribal probate code amendment?
468. § 18.203 Which probate code amendments require approval?
469. § 18.204 When will the Department approve an amendment?
470. § 18.205 What happens if the Department approves the amendment?
471. § 18.206 How will a tribe be notified of the disapproval of an amendment?
472. § 18.207 When do amendments to a tribal probate code become effective?
473. § 18.208 May a tribe appeal an approval or disapproval of a probate code amendment?
474. Subpart D Approval of Single Heir Rule
475. § 18.301 May a tribe create and adopt a single heir rule without adopting a tribal probate code?
476. § 18.302 How does the tribe request approval for the single heir rule?
477. § 18.303 When will the Department approve or disapprove a single heir rule?
478. § 18.304 What happens if the Department approves the single heir rule?
479. § 18.305 How will a tribe be notified of the disapproval of a single heir rule?
480. § 18.306 When does the single heir rule become effective?
481. § 18.307 May a tribe appeal approval or disapproval of a single heir rule?
482. Subpart E Information and Records
483. § 18.401 How does the Paperwork Reduction Act affect this part?
484. SUBCHAPTER D HUMAN SERVICES
485. PART 20 FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS
486. Subpart A Definitions, Purpose and Policy
487. § 20.100 What definitions clarify the meaning of the provisions of this part?
488. § 20.101 What is the purpose of this part?
489. § 20.102 What is the Bureau's policy in providing financial assistance and social services under this part?
490. § 20.103 Have the information collection requirements in this part been approved by the Office of Management and Budget?
491. Subpart B Welfare Reform
492. § 20.200 What contact will the Bureau maintain with State, tribal, county, local, and other Federal agency programs?
493. § 20.201 How does the Bureau designate a service area and what information is required?
494. § 20.202 What is a tribal redesign plan?
495. § 20.203 Can a tribe incorporate assistance from other sources into a tribal redesign plan?
496. § 20.204 Must all tribes submit a tribal redesign plan?
497. § 20.205 Can tribes change eligibility criteria or levels of payments for General Assistance?
498. § 20.206 Must a tribe get approval for a tribal redesign plan?
499. § 20.207 Can a tribe use savings from a tribal redesign plan to meet other priorities of the tribe?
500. § 20.208 What if the tribal redesign plan leads to increased costs?
501. § 20.209 Can a tribe operating under a tribal redesign plan go back to operating under this part?
502. § 20.210 Can eligibility criteria or payments for Burial Assistance, Child Assistance, and Disaster Assistance and Emergency Assistance change?
503. Subpart C Direct Assistance
504. 11 Eligibility for Direct Assistance
505. § 20.300 Who qualifies for Direct Assistance under this subpart?
506. § 20.301 What is the goal of General Assistance?
507. § 20.302 Are Indian applicants required to seek assistance through Temporary Assistance for Needy Families?
508. § 20.303 When is an applicant eligible for General Assistance?
509. § 20.304 When will the Bureau review eligibility for General Assistance?
510. § 20.305 What is redetermination?
511. § 20.306 What is the payment standard for General Assistance?
512. 12 Determining Need and Income
513. § 20.307 What resources does the Bureau consider when determining need?
514. § 20.308 What does earned income include?
515. § 20.309 What does unearned income include?
516. § 20.310 What recurring income must be prorated?
517. § 20.311 What amounts will the Bureau deduct from earned income?
518. § 20.312 What amounts will the Bureau deduct from income or other resources?
519. § 20.313 How will the Bureau compute financial assistance payments?
520. 13 Employment Requirements
521. § 20.314 What is the policy on employment?
522. § 20.315 Who is not covered by the employment policy?
523. § 20.316 What must a person covered by the employment policy do?
524. § 20.317 How will the ineligibility period be implemented?
525. § 20.318 What case management responsibilities does the social services worker have?
526. § 20.319 What responsibilities does the general assistance recipient have?
527. 14 Tribal Work Experience Program (TWEP)
528. § 20.320 What is TWEP?
529. § 20.321 Does TWEP allow an incentive payment?
530. § 20.322 Who can receive a TWEP incentive payment?
531. § 20.323 Will the local TWEP be required to have written program procedures?
532. 15 Burial Assistance
533. § 20.324 When can the Bureau provide Burial Assistance?
534. § 20.325 Who can apply for Burial Assistance?
535. § 20.326 Does Burial Assistance cover transportation costs?
536. 16 Disaster Assistance
537. § 20.327 When can the Bureau provide Disaster Assistance?
538. § 20.328 How can a tribe apply for Disaster Assistance?
539. 17 Emergency Assistance
540. § 20.329 When can the Bureau provide Emergency Assistance payments?
541. § 20.330 What is the payment standard for Emergency Assistance?
542. 18 Adult Care Assistance
543. § 20.331 What is Adult Care Assistance?
544. § 20.332 Who can receive Adult Care Assistance?
545. § 20.333 How do I apply for Adult Care Assistance?
546. § 20.334 What happens after I apply?
547. § 20.335 What is the payment standard for Adult Care Assistance?
548. Subpart D Services to Children, Elderly, and Families
549. § 20.400 Who should receive Services to Children, Elderly, and Families?
550. § 20.401 What is included under Services to Children, Elderly, and Families?
551. § 20.402 When are protective services provided?
552. § 20.403 What do protective services include?
553. § 20.404 What information is contained in a social services assessment?
554. Subpart E Child Assistance
555. § 20.500 Who is eligible for Child Assistance?
556. 19 How Child Assistance Funds Can Be Used
557. § 20.501 What services can be paid for with Child Assistance funds?
558. § 20.502 Can Child Assistance funds be used to place Indian children in residential care facilities?
559. § 20.503 When can Child Assistance funds be used for Indian adoption or guardianship subsidies?
560. § 20.504 What short-term homemaker services can Child Assistance pay for?
561. § 20.505 What services are provided jointly with the Child Assistance Program?
562. 20 Foster Care
563. § 20.506 What information is required in the foster care case file?
564. § 20.507 What requirements must foster care providers meet?
565. § 20.508 What must the social services agency do when a child is placed in foster care, residential care or guardianship home?
566. § 20.509 What must the social services worker do when a child is placed in foster care or residential care facility?
567. § 20.510 How is the court involved in child placements?
568. § 20.511 Should permanency plans be developed?
569. § 20.512 Can the Bureau/tribal contractors make Indian adoptive placements?
570. § 20.513 Should Interstate Compacts be used for the placement of children?
571. § 20.514 What assistance can the courts request from social services on behalf of children?
572. § 20.515 What is required for case management?
573. § 20.516 How are child abuse, neglect or exploitation cases to be handled?
574. Subpart F Administrative Procedures
575. § 20.600 Who can apply for financial assistance or social services?
576. § 20.601 How can applications be submitted?
577. § 20.602 How does the Bureau verify eligibility for social services?
578. § 20.603 How is an application approved or denied?
579. § 20.604 How is an applicant or recipient notified that benefits or services are denied or changed?
580. § 20.605 What happens when an applicant or recipient appeals a decision under this subpart?
581. § 20.606 How is an incorrect payment adjusted or recovered?
582. § 20.607 What happens when applicants or recipients knowingly and willfully provide false or fraudulent information?
583. Subpart G Hearings and Appeals
584. § 20.700 Can an applicant or recipient appeal the decision of a Bureau official?
585. § 20.701 Does a recipient receive financial assistance while an appeal is pending?
586. § 20.702 When is an appeal hearing scheduled?
587. § 20.703 What must the written notice of hearing include?
588. § 20.704 Who conducts the hearing or appeal of a Bureau decision or action and what is the process?
589. § 20.705 Can an applicant or recipient appeal a tribal decision?
590. PART 23 INDIAN CHILD WELFARE ACT
591. Subpart A Purpose, Definitions, and Policy
592. § 23.1 Purpose.
593. § 23.2 Definitions.
594. § 23.3 Policy.
595. § 23.4 Information collection.
596. Subpart B Notice of Involuntary Child Custody Proceedings and Payment for Appointed Counsel in State Courts
597. § 23.11 Notice.
598. § 23.12 Designated tribal agent for service of notice.
599. § 23.13 Payment for appointed counsel in involuntary Indian child custody proceedings in state courts.
600. Subpart C Grants to Indian Tribes for Title II Indian Child and Family Service Programs
601. § 23.21 Noncompetitive tribal government grants.
602. § 23.22 Purpose of tribal government grants.
603. § 23.23 Tribal government application contents.
604. Subpart D Grants to Off-Reservation Indian Organizations for Title II Indian Child and Family Service Programs
605. § 23.31 Competitive off-reservation grant process.
606. § 23.32 Purpose of off-reservation grants.
607. § 23.33 Competitive off-reservation application contents and application selection criteria.
608. § 23.34 Review and decision on off-reservation applications by Regional Director.
609. § 23.35 Deadline for Central Office action.
610. Subpart E General and Uniform Grant Administration Provisions and Requirements
611. § 23.41 Uniform grant administration provisions, requirements and applicability.
612. § 23.42 Technical assistance.
613. § 23.43 Authority for grant approval and execution.
614. § 23.44 Grant administration and monitoring.
615. § 23.45 Subgrants.
616. § 23.46 Financial management, internal and external controls and other assurances.
617. § 23.47 Reports and availability of information to Indians.
618. § 23.48 Matching shares and agreements.
619. § 23.49 Fair and uniform provision of services.
620. § 23.50 Service eligibility.
621. § 23.51 Grant carry-over authority.
622. § 23.52 Grant suspension.
623. § 23.53 Cancellation.
624. Subpart F Appeals
625. § 23.61 Appeals from decision or action by Agency Superintendent, Regional Director or Grants Officer.
626. § 23.62 Appeals from decision or action by Regional Director under subpart D.
627. § 23.63 Appeals from inaction of official.
628. Subpart G Administrative Provisions
629. § 23.71 Recordkeeping and information availability.
630. Subpart H Assistance to State Courts
631. § 23.81 Assistance in identifying witnesses.
632. § 23.82 Assistance in identifying language interpreters.
633. § 23.83 Assistance in locating biological parents of Indian child after termination of adoption.
634. Subpart I Indian Child Welfare Act Proceedings
635. 32 General Provisions
636. § 23.101 What is the purpose of this subpart?
637. § 23.102 What terms do I need to know?
638. § 23.103 When does ICWA apply?
639. § 23.104 What provisions of this subpart apply to each type of child-custody proceeding?
640. § 23.105 How do I contact a Tribe under the regulations in this subpart?
641. § 23.106 How does this subpart interact with State and Federal laws?
642. 33 Pretrial Requirements
643. § 23.107 How should a State court determine if there is reason to know the child is an Indian child?
644. § 23.108 Who makes the determination as to whether a child is a member, whether a child is eligible for membership, or whether a biological parent is a member of a Tribe?
645. § 23.109 How should a State court determine an Indian child's Tribe when the child may be a member or eligible for membership in more than one Tribe?
646. § 23.110 When must a State court dismiss an action?
647. § 23.111 What are the notice requirements for a child-custody proceeding involving an Indian child?
648. § 23.112 What time limits and extensions apply?
649. § 23.113 What are the standards for emergency proceedings involving an Indian child?
650. § 23.114 What are the requirements for determining improper removal?
651. 34 Petitions To Transfer to Tribal Court
652. § 23.115 How are petitions for transfer of a proceeding made?
653. § 23.116 What happens after a petition for transfer is made?
654. § 23.117 What are the criteria for ruling on transfer petitions?
655. § 23.118 How is a determination of “good cause” to deny transfer made?
656. § 23.119 What happens after a petition for transfer is granted?
657. 35 Adjudication of Involuntary Proceedings
658. § 23.120 How does the State court ensure that active efforts have been made?
659. § 23.121 What are the applicable standards of evidence?
660. § 23.122 Who may serve as a qualified expert witness?
661. § 23.123 [Reserved]
662. 36 Voluntary Proceedings
663. § 23.124 What actions must a State court undertake in voluntary proceedings?
664. § 23.125 How is consent obtained?
665. § 23.126 What information must a consent document contain?
666. § 23.127 How is withdrawal of consent to a foster-care placement achieved?
667. § 23.128 How is withdrawal of consent to a termination of parental rights or adoption achieved?
668. 37 Dispositions
669. § 23.129 When do the placement preferences apply?
670. § 23.130 What placement preferences apply in adoptive placements?
671. § 23.131 What placement preferences apply in foster-care or preadoptive placements?
672. § 23.132 How is a determination of “good cause” to depart from the placement preferences made?
673. 38 Access
674. § 23.133 Should courts allow participation by alternative methods?
675. § 23.134 Who has access to reports and records during a proceeding?
676. § 23.135 [Reserved]
677. 39 Post-Trial Rights & Responsibilities
678. § 23.136 What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?
679. § 23.137 Who can petition to invalidate an action for certain ICWA violations?
680. § 23.138 What are the rights to information about adoptees' Tribal affiliations?
681. § 23.139 Must notice be given of a change in an adopted Indian child's status?
682. 40 Recordkeeping
683. § 23.140 What information must States furnish to the Bureau of Indian Affairs?
684. § 23.141 What records must the State maintain?
685. § 23.142 How does the Paperwork Reduction Act affect this subpart?
686. 41 Effective Date
687. § 23.143 How does this subpart apply to pending proceedings?
688. 42 Severability
689. § 23.144 What happens if some portion of this part is held to be invalid by a court of competent jurisdiction?
690. PART 26 JOB PLACEMENT AND TRAINING PROGRAM
691. Subpart A General Applicability
692. § 26.1 What terms do I need to know?
693. § 26.2 Who authorizes this collection of information?
694. § 26.3 What is the purpose of the Job Placement and Training Program?
695. § 26.4 Who administers the Job Placement and Training Program?
696. § 26.5 Who may be eligible for Job Placement and Training?
697. § 26.6 Who is eligible to receive financial assistance?
698. § 26.7 How is financial need established?
699. § 26.8 Where do I go to apply for Job Placement and Training assistance?
700. § 26.9 How do I apply for assistance?
701. § 26.10 When will I find out if I have been selected for Job Placement and Training assistance?
702. § 26.11 What type of Job Placement and Training assistance may be approved?
703. § 26.12 Who provides the Job Placement and Training?
704. § 26.13 How long may I be in training and how long can I receive other assistance?
705. § 26.14 What or who is a service provider?
706. § 26.15 What makes an applicant eligible for Job Placement and Training services?
707. § 26.16 If I am awarded financial assistance, how much will I receive?
708. § 26.17 Can more than one family member be financially assisted at the same time?
709. § 26.18 What kinds of supportive services are available?
710. § 26.19 Will I be required to contribute financially to my employment and training goals?
711. § 26.20 Can I be required to return portions of my grant?
712. § 26.21 Can this program be combined with other similar programs for maximum benefit?
713. § 26.22 May a tribe integrate Job Placement and Training funds into its Public Law 102-477 Plan?
714. § 26.23 What is an Individual Self-Sufficiency Plan (ISP)?
715. Subpart B Job Placement Services
716. § 26.24 What is the scope of the Job Placement Program?
717. § 26.25 What constitutes a complete Job Placement Program application?
718. § 26.26 What Job Placement services may I receive?
719. § 26.27 What kind of Job Placement support services can I expect?
720. § 26.28 What follow-up services are available after I become employed?
721. Subpart C Training Services
722. § 26.29 What is the scope of the Job Training Program?
723. § 26.30 Does the Job Training Program provide part-time training or short-term training?
724. § 26.31 May I repeat my training?
725. § 26.32 What constitutes a complete Job Training Program application?
726. § 26.33 How do I show I need job training?
727. § 26.34 What type of job training assistance may be approved?
728. § 26.35 What kind of support services are available to me?
729. § 26.36 What follow-up service is available after I complete training?
730. § 26.37 Are there training standards that I must follow?
731. Subpart D Appeal by an Applicant
732. § 26.38 May I appeal a decision about my application?
733. SUBCHAPTER E EDUCATION
734. PART 30 STANDARDS, ASSESSMENTS, AND ACCOUNTABILITY SYSTEM
735. § 30.100 What is the purpose of this part?
736. § 30.101 What definitions apply to terms in this part?
737. Subpart A Standards, Assessments, and Accountability System Requirements
738. § 30.102 What does the Act require of the Secretary?
739. § 30.103 How will the Secretary implement Standards, Assessments, and Accountability System requirements?
740. § 30.104 How will the Secretary implement requirements for standards?
741. § 30.105 How will the Secretary implement requirements for academic content assessments?
742. § 30.106 How will the Secretary provide for the inclusion of all students in assessments?
743. § 30.107 How will the Secretary include students with disabilities in assessments?
744. § 30.108 How will the Secretary provide for alternate assessments for students with the most significant cognitive disabilities?
745. § 30.109 How will the Secretary include English learners in academic content assessments?
746. § 30.110 How will the Secretary ensure BIE-funded schools will provide for annual assessments of English language proficiency for English learners?
747. § 30.111 How will the Secretary implement requirements for an accountability system?
748. Subpart B Accountability, Waiver of Requirements, Technical Assistance, and Approval of Proposals for Alternative Requirements
749. § 30.112 May a tribal governing body or school board waive the Secretary's requirements for standards, assessments, and an accountability system?
750. § 30.113 How does a tribal governing body or school board waive the Secretary's requirements?
751. § 30.114 What should a tribal governing body or school board include in a proposal for alternative requirements?
752. § 30.115 May proposed alternative requirements use parts of the Secretary's requirements?
753. § 30.116 Will the Secretary provide technical assistance to tribal governing bodies or school boards seeking to develop alternative requirements?
754. § 30.117 What is the process for requesting technical assistance?
755. § 30.118 When should the tribal governing body or school board request technical assistance?
756. § 30.119 How does the Secretary review and approve alternative requirements?
757. Subpart C Support and Improvement
758. § 30.120 How will the Secretary notify BIE-funded schools that they have been identified for school support and improvement activities?
759. § 30.121 How will the Secretary implement requirements for comprehensive support and improvement activities?
760. § 30.122 How will the Secretary implement requirements for targeted support and improvement activities?
761. § 30.123 How will the Secretary implement requirements to identify schools for additional targeted support?
762. § 30.124 How will the Secretary implement continued support for Bureau-funded schools and school improvement?
763. Subpart D Responsibilities and Accountability
764. § 30.125 What is required for the Bureau to meet its reporting responsibilities?
765. § 30.126 What information collections have been approved?
766. PART 31 FEDERAL SCHOOLS FOR INDIANS
767. § 31.0 Definitions.
768. § 31.2 Use of Federal school facilities.
769. § 31.3 Non-Indian pupils in Indian schools.
770. § 31.4 Compulsory attendance.
771. § 31.6 Coercion prohibited.
772. § 31.7 Handling of student funds in Federal school facilities.
773. PART 32 INDIAN EDUCATION POLICIES
774. § 32.1 Purpose and scope.
775. § 32.2 Definitions.
776. § 32.3 Mission statement.
777. § 32.4 Policies.
778. § 32.5 Evaluation of implementation of Pub. L. 95-561.
779. PART 33 TRANSFER OF INDIAN EDUCATION FUNCTIONS
780. § 33.1 Definitions.
781. § 33.2 Policy.
782. § 33.3 Delegation of authority.
783. § 33.4 Redelegation of authority.
784. § 33.5 Area education functions.
785. § 33.6 Agency education functions.
786. § 33.7 Implementing procedures.
787. § 33.8 Realignment of area and agency offices.
788. § 33.9 Development of procedures.
789. § 33.10 Issuance of procedures.
790. PART 36 MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS
791. Subpart A General Provisions
792. § 36.1 Purpose, scope, and information collection requirements.
793. § 36.2 Applicability.
794. § 36.3 Definitions.
795. Subpart B Educational Management
796. § 36.10 Standard I—Philosophy and goals.
797. § 36.11 Standard II—Administrative requirements.
798. § 36.12 Standard III—Program needs assessment.
799. § 36.13 Standard IV—Curriculum development.
800. Subpart C Minimum Program of Instruction
801. § 36.20 Standard V—Minimum academic programs/school calendar.
802. § 36.21 Standard VI—Kindergarten instructional program.
803. § 36.22 Standard VII—Elementary instructional program.
804. § 36.23 Standard VIII—Junior high/middle school instructional program.
805. § 36.24 Standard IX—Secondary instructional program.
806. Subpart D Student Instructional Evaluation
807. § 36.30 Standard X—Grading requirements.
808. § 36.31 Standard XI—Student promotion requirements.
809. § 36.32 Standard XII—Graduation requirements for a high school diploma.
810. Subpart E Instructional Support
811. § 36.40 Standard XIII—Library/media program.
812. § 36.41 Standard XIV—Textbooks.
813. § 36.42 Standard XV—Counseling services.
814. § 36.43 Standard XVI—Student activities.
815. Subpart F Evaluation of Educational Standards
816. § 36.50 Standard XVII—School program evaluation and needs assessment.
817. § 36.51 Standard XVIII—Office of Indian Education Programs and Agency monitoring and evaluation responsibilities.
818. Subpart G Homeliving Programs
819. § 36.70 What terms do I need to know?
820. § 36.71 What is the purpose of this part?
821. 47 Staffing
822. § 36.75 What qualifications must homeliving staff possess?
823. § 36.76 Who is in charge of all homeliving operations?
824. § 36.77 What are the homeliving staffing requirements?
825. § 36.78 What are the staffing requirements for homeliving programs offering less than 5 nights service?
826. § 36.79 What are the homeliving behavioral professional staff/student ratio requirements?
827. § 36.80 If a school or dormitory has separated boys' and girls' homeliving programs, may the same behavioral professional be used for each program?
828. § 36.81 May a homeliving program use support staff or teachers to meet behavioral health staffing requirements?
829. § 36.82 May behavioral health professional(s) provide services during the academic school day?
830. § 36.83 How many hours can a student be taken out of the academic setting to receive behavioral health services?
831. § 36.84 Can a program hire or contract or acquire by other means behavioral health professionals to meet staffing requirements?
832. § 36.85 Is a nurse required to be available in the evenings?
833. § 36.86 Are there staff training requirements?
834. 48 Program Requirements
835. § 36.90 What recreation, academic tutoring, student safety, and health care services must homeliving programs provide?
836. § 36.91 What are the program requirements for behavioral health services?
837. § 36.92 Are there any activities that must be offered by a homeliving program?
838. § 36.93 Is a homeliving handbook required?
839. § 36.94 What must a homeliving handbook contain?
840. § 36.95 What sanitary standards must homeliving programs meet?
841. § 36.96 May students be required to assist with daily or weekly cleaning?
842. § 36.97 What basic requirements must a program's health services meet?
843. § 36.98 Must the homeliving program have an isolation room for ill children?
844. § 36.99 Are immunizations required for residential program students?
845. § 36.100 Are there minimum requirements for student attendance checks?
846. § 36.101 How often must students who have been separated for emergency health or behavioral reasons be supervised?
847. § 36.102 What student resources must be provided by a homeliving program?
848. § 36.103 What are the requirements for multipurpose spaces in homeliving programs?
849. § 36.104 What are the requirements for heating, ventilation, cooling and lighting at dormitories?
850. 49 Privacy
851. § 36.110 Must programs provide space for storing personal effects?
852. 50 Waivers and Accountability
853. § 36.111 Can a tribe, tribal governing body, or local school board waive the homeliving standards?
854. § 36.112 Can a homeliving program be closed, transferred, consolidated, or substantially curtailed for failure to meet these standards?
855. § 36.120 What type of reporting is required to ensure accountability?
856. PART 37 GEOGRAPHIC BOUNDARIES
857. § 37.100 What is the purpose of this part?
858. § 37.101 What definitions apply to the terms in this part?
859. § 37.102 How is this part organized?
860. § 37.103 Information collection.
861. Subpart A All Schools
862. § 37.110 Who determines geographic attendance areas?
863. § 37.111 What role does a tribe have in issues relating to school boundaries?
864. § 37.112 Must each school have a geographic attendance boundary?
865. Subpart B Day Schools, On-Reservation Boarding Schools, and Peripheral Dorms
866. § 37.120 How does this part affect current geographic attendance boundaries?
867. § 37.121 Who establishes geographic attendance boundaries under this part?
868. § 37.122 Once geographic attendance boundaries are established, how can they be changed?
869. § 37.123 How does a Tribe develop proposed geographic attendance boundaries or boundary changes?
870. § 37.124 How are boundaries established for a new school or dorm?
871. § 37.125 Can an eligible student living off a reservation attend a school or dorm?
872. Subpart C Off-Reservation Boarding Schools
873. § 37.130 Who establishes boundaries for Off-Reservation Boarding Schools?
874. § 37.131 Who may attend an ORBS?
875. PART 38 EDUCATION PERSONNEL
876. § 38.1 Scope.
877. § 38.2 Information collection.
878. § 38.3 Definitions.
879. § 38.4 Education positions.
880. § 38.5 Qualifications for educators.
881. § 38.6 Basic compensation for educators and education positions.
882. § 38.7 Appointment of educators.
883. § 38.8 Nonrenewal of contract.
884. § 38.9 Discharge of educators.
885. § 38.10 Conditions of employment of educators.
886. § 38.11 Length of the regular school term.
887. § 38.12 Leave system for education personnel.
888. § 38.13 Status quo employees in education positions.
889. § 38.14 Voluntary services.
890. § 38.15 Southwestern Indian Polytechnic Institute.
891. PART 39 THE INDIAN SCHOOL EQUALIZATION PROGRAM
892. Subpart A General
893. § 39.1 What is the purpose of this part?
894. § 39.2 What definitions apply to terms in this part?
895. § 39.3 Information collection.
896. Subpart B Indian School Equalization Formula
897. § 39.100 What is the Indian School Equalization Formula?
898. § 39.101 Does ISEF assess the actual cost of school operations?
899. 62 Base and Supplemental Funding
900. § 39.102 What is academic base funding?
901. § 39.103 What are the factors used to determine base funding?
902. § 39.104 How must a school's base funding provide for students with disabilities?
903. § 39.105 Are additional funds available for special education?
904. § 39.106 Who is eligible for special education funding?
905. § 39.107 Are schools allotted supplemental funds for special student and/or school costs?
906. 63 Gifted and Talented Programs
907. § 39.110 Can ISEF funds be distributed for the use of gifted and talented students?
908. § 39.111 What does the term gifted and talented mean?
909. § 39.112 What is the limit on the number of students who are gifted and talented?
910. § 39.113 What are the special accountability requirements for the gifted and talented program?
911. § 39.114 What characteristics may qualify a student as gifted and talented for purposes of supplemental funding?
912. § 39.115 How are eligible gifted and talented students identified and nominated?
913. § 39.116 How does a school determine who receives gifted and talented services?
914. § 39.117 How does a school provide gifted and talented services for a student?
915. § 39.118 How does a student receive gifted and talented services in subsequent years?
916. § 39.119 When must a student leave a gifted and talented program?
917. § 39.120 How are gifted and talented services provided?
918. § 39.121 What is the WSU for gifted and talented students?
919. 64 Language Development Programs
920. § 39.130 Can ISEF funds be used for Language Development Programs?
921. § 39.131 What is a Language Development Program?
922. § 39.132 Can a school integrate Language Development programs into its regular instructional program?
923. § 39.133 Who decides how Language Development funds can be used?
924. § 39.134 How does a school identify a Limited English Proficient student?
925. § 39.135 What services must be provided to an LEP student?
926. § 39.136 What is the WSU for Language Development programs?
927. § 39.137 May schools operate a language development program without a specific appropriation from Congress?
928. 65 Small School Adjustment
929. § 39.140 How does a school qualify for a Small School Adjustment?
930. § 39.141 What is the amount of the Small School Adjustment?
931. § 39.143 What is a small high school?
932. § 39.144 What is the small high school adjustment?
933. § 39.145 Can a school receive both a small school adjustment and a small high school adjustment?
934. § 39.146 Is there an adjustment for small residential programs?
935. 66 Geographic Isolation Adjustment
936. § 39.160 Does ISEF provide supplemental funding for extraordinary costs related to a school's geographic isolation?
937. Subpart C Administrative Procedures, Student Counts, and Verifications
938. § 39.200 What is the purpose of the Indian School Equalization Formula?
939. § 39.201 Does ISEF reflect the actual cost of school operations?
940. § 39.202 What are the definitions of terms used in this subpart?
941. § 39.203 When does OIEP calculate a school's allotment?
942. § 39.204 How does OIEP calculate ADM?
943. § 39.205 How does OIEP calculate a school's total WSUs for the school year?
944. § 39.206 How does OIEP calculate the value of one WSU?
945. § 39.207 How does OIEP determine a school's funding for the school year?
946. § 39.208 How are ISEP funds distributed?
947. § 39.209 When may a school count a student for membership purposes?
948. § 39.210 When must a school drop a student from its membership?
949. § 39.211 What other categories of students can a school count for membership purposes?
950. § 39.212 Can a student be counted as enrolled in more than one school?
951. § 39.213 Will the Bureau fund children being home schooled?
952. § 39.214 What is the minimum number of instructional hours required in order to be considered a full-time educational program?
953. § 39.215 Can a school receive funding for any part-time students?
954. 67 Residential Programs
955. § 39.216 How does ISEF fund residential programs?
956. § 39.217 How are students counted for the purpose of funding residential services?
957. § 39.218 Are there different formulas for different levels of residential services?
958. § 39.219 What happens if a residential program does not maintain residency levels required by this subpart?
959. § 39.220 What reports must residential programs submit to comply with this subpart?
960. § 39.221 What is a full school month?
961. 68 Phase-in Period
962. § 39.230 How will the provisions of this subpart be phased in?
963. Subpart D Accountability
964. § 39.401 What is the purpose of this subpart?
965. § 39.402 What definitions apply to terms used in this subpart?
966. § 39.403 What certification is required?
967. § 39.404 What is the certification and verification process?
968. § 39.405 How will verifications be conducted?
969. § 39.406 What documentation must the school maintain for additional services it provides?
970. § 39.407 How long must a school maintain records?
971. § 39.408 What are the responsibilities of administrative officials?
972. § 39.409 How does the OIEP Director ensure accountability?
973. § 39.410 What qualifications must an audit firm meet to be considered for auditing ISEP administration?
974. § 39.411 How will the auditor report its findings?
975. § 39.412 What sanctions apply for failure to comply with this subpart?
976. § 39.413 Can a school appeal the verification of the count?
977. Subpart E Contingency Fund
978. § 39.500 What emergency and contingency funds are available?
979. § 39.501 What is an emergency or unforeseen contingency?
980. § 39.502 How does a school apply for contingency funds?
981. § 39.503 How can a school use contingency funds?
982. § 39.504 May schools carry over contingency funds to a subsequent fiscal year?
983. § 39.505 What are the reporting requirements for the use of the contingency fund?
984. Subpart F School Board Training Expenses
985. § 39.600 Are Bureau-operated school board expenses funded by ISEP limited?
986. § 39.601 Is school board training for Bureau-operated schools considered a school board expense subject to the limitation?
987. § 39.603 Is school board training required for all Bureau-funded schools?
988. § 39.604 Is there a separate weight for school board training at Bureau-operated schools?
989. Subpart G Student Transportation
990. § 39.700 What is the purpose of this subpart?
991. § 39.701 What definitions apply to terms used in this subpart?
992. 69 Eligibility for Funds
993. § 39.702 Can a school receive funds to transport residential students using commercial transportation?
994. § 39.703 What ground transportation costs are covered for students traveling by commercial transportation?
995. § 39.704 Are schools eligible to receive chaperone expenses to transport residential students?
996. § 39.705 Are schools eligible for transportation funds to transport special education students?
997. § 39.706 Are peripheral dormitories eligible for day transportation funds?
998. § 39.707 Which student transportation expenses are currently not eligible for Student Transportation Funding?
999. § 39.708 Are miles generated by non-ISEP eligible students eligible for transportation funding?
1000. 70 Calculating Transportation Miles
1001. § 39.710 How does a school calculate annual bus transportation miles for day students?
1002. § 39.711 How does a school calculate annual bus transportation miles for residential students?
1003. 71 Reporting Requirements
1004. § 39.720 Why are there different reporting requirements for transportation data?
1005. § 39.721 What transportation information must off-reservation boarding schools report?
1006. § 39.722 What transportation information must day schools, on-reservation boarding schools and peripheral dormitory schools report?
1007. 72 Miscellaneous Provisions
1008. § 39.730 Which standards must student transportation vehicles meet?
1009. § 39.731 Can transportation time be used as instruction time for day school students?
1010. § 39.732 How does OIEP allocate transportation funds to schools?
1011. Subpart H Determining the Amount Necessary To Sustain an Academic or Residential Program
1012. § 39.801 What is the formula to determine the amount necessary to sustain a school's academic or residential program?
1013. § 39.802 What is the student unit value in the formula?
1014. § 39.803 What is a weighted student unit in the formula?
1015. § 39.804 How is the SUIV calculated?
1016. § 39.805 What was the student unit for instruction value (SUIV) for the school year 1999-2000?
1017. § 39.806 How is the SURV calculated?
1018. § 39.807 How will the Student Unit Value be adjusted annually?
1019. § 39.808 What definitions apply to this subpart?
1020. § 39.809 Information collection.
1021. Subpart I Interim Maintenance and Minor Repair Fund
1022. § 39.900 Establishment and funding of an Interim Maintenance and Minor Repair Fund.
1023. § 39.901 Conditions for distribution.
1024. § 39.902 Allocation.
1025. § 39.903 Use of funds.
1026. § 39.904 Limitations.
1027. Subpart J Administrative Cost Formula
1028. § 39.1000 Purpose and scope.
1029. § 39.1001 Definitions.
1030. § 39.1002 Allotment of education administrative funds.
1031. § 39.1003 Allotment exception for FY 1991.
1032. Subpart K Pre-kindergarten Programs
1033. § 39.1100 Interim fiscal year 1980 and fiscal year 1981 funding for pre-kindergarten programs previously funded by the Bureau.
1034. § 39.1101 Addition of pre-kindergarten as a weight factor to the Indian School Equalization Formula in fiscal year 1982.
1035. Subpart L Contract School Operation and Maintenance Fund
1036. § 39.1200 Definitions.
1037. § 39.1201 Establishment of an interim fiscal year 1980 operation and maintenance fund for contract schools.
1038. § 39.1202 Distribution of funds.
1039. § 39.1203 Future consideration of contract school operation and maintenance funding.
1040. PART 40 ADMINISTRATION OF EDUCATIONAL LOANS, GRANTS AND OTHER ASSISTANCE FOR HIGHER EDUCATION
1041. § 40.1 Appropriations for loans or grants.
1042. § 40.2 Working scholarships.
1043. § 40.3 Applications.
1044. § 40.4 Security.
1045. § 40.5 Repayments.
1046. PART 41 GRANTS TO TRIBAL COLLEGES AND UNIVERSITIES AND DINÉ COLLEGE
1047. Subpart A Applicability and Definitions
1048. § 41.1 When does this subpart apply?
1049. § 41.3 What definitions are needed?
1050. § 41.5 How is ISC/FTE calculated?
1051. § 41.7 What happens if false information is submitted?
1052. Subpart B Tribal Colleges and Universities
1053. § 41.9 What is the purpose of this subpart?
1054. § 41.11 Who is eligible for financial assistance under this subpart?
1055. § 41.13 For what activities can financial assistance to Tribal colleges and universities be used?
1056. § 41.15 What activities are prohibited?
1057. § 41.17 What is the role of the Secretary of Education?
1058. § 41.19 How can a Tribal college or university establish eligibility to receive a grant?
1059. § 41.21 How can a Tribe appeal the results of an eligibility study?
1060. § 41.23 Can a Tribal college or university request a second eligibility study?
1061. § 41.25 How does a Tribal college or university apply for a grant?
1062. § 41.27 When can the Tribal college or university expect a decision on its application?
1063. § 41.29 How will a grant be awarded?
1064. § 41.31 When will the Tribal college or university receive funding?
1065. § 41.33 What if there isn't enough money to pay the full grant amount?
1066. § 41.35 What will happen if the Tribal college or university doesn't receive its appropriate share?
1067. § 41.37 Is the Tribal college or university eligible for other grants?
1068. § 41.39 What reports does the Tribal college or university need to provide?
1069. § 41.41 Can the Tribal college or university receive technical assistance?
1070. § 41.43 How must the Tribal college or university administer its grant?
1071. § 41.45 How does the Tribal college or university apply for programming grants?
1072. § 41.47 Are Tribal colleges or universities eligible for endowments?
1073. Subpart C Diné College
1074. § 41.49 What is the purpose of this subpart?
1075. § 41.51 What is the scope of this subpart?
1076. § 41.53 How does Diné College request financial assistance?
1077. § 41.55 How are grant funds processed?
1078. § 41.57 When will the application be reviewed?
1079. § 41.59 When will grant funds be paid?
1080. § 41.61 Is Diné College eligible to receive other grants?
1081. § 41.63 How can financial assistance be used?
1082. § 41.65 What reports must be provided?
1083. § 41.67 Can Diné College receive technical assistance?
1084. § 41.69 How must Diné College administer its grant?
1085. § 41.71 Can Diné College appeal an adverse decision under a grant agreement by the Director?
1086. PART 42 STUDENT RIGHTS
1087. § 42.1 What general principles apply to this part?
1088. § 42.2 What rights do individual students have?
1089. § 42.3 How should a school address alleged violations of school policies?
1090. § 42.4 What are alternative dispute resolution processes?
1091. § 42.5 When can a school use ADR processes to address an alleged violation?
1092. § 42.6 When does due process require a formal disciplinary hearing?
1093. § 42.7 What does due process in a formal disciplinary proceeding include?
1094. § 42.8 What are a student's due process rights in a formal disciplinary proceeding?
1095. § 42.9 What are victims' rights in formal disciplinary proceedings?
1096. § 42.10 How must the school communicate individual student rights to students, parents or guardians, and staff?
1097. § 42.11 Information collection.
1098. PART 43 MAINTENANCE AND CONTROL OF STUDENT RECORDS IN BUREAU SCHOOLS
1099. § 43.1 Purpose and scope.
1100. § 43.2 Definitions.
1101. § 43.3 Student rights.
1102. § 43.4 Annual notification of rights.
1103. § 43.5 Access to records.
1104. § 43.6 Limitations on access.
1105. § 43.7 Access rights.
1106. § 43.8 Destruction of records.
1107. § 43.9 Procedures for granting access.
1108. § 43.10 Right to challenge.
1109. § 43.11 Informal proceedings.
1110. § 43.12 Right to a hearing.
1111. § 43.13 Right of appeal.
1112. § 43.14 Consent.
1113. § 43.15 Content of consent.
1114. § 43.16 Copy to be provided to parents or eligible students.
1115. § 43.17 Release of information for health or safety emergencies.
1116. § 43.18 Record of access.
1117. § 43.19 Transfer of information by third parties.
1118. § 43.20 Directory information.
1119. § 43.21 Standards for collection and maintenance of student records.
1120. § 43.22 Assuring integrity of records.
1121. § 43.23 Conduct of employees.
1122. PART 44 GRANTS UNDER THE TRIBALLY CONTROLLED SCHOOLS ACT
1123. § 44.101 What directives apply to a grantee under this part?
1124. § 44.102 Does this part affect existing tribal rights?
1125. § 44.103 Who is eligible for a grant?
1126. § 44.104 How can a grant be terminated?
1127. § 44.105 How does a tribal governing body retrocede a program to the Secretary?
1128. § 44.106 How can the Secretary revoke an eligibility determination?
1129. § 44.107 Under what circumstances may the Secretary reassume a program?
1130. § 44.108 How must the Secretary make grant payments?
1131. § 44.109 What happens if the grant recipient is overpaid?
1132. § 44.110 What Indian Self-Determination Act provisions apply to grants under the Tribally Controlled Schools Act?
1133. § 44.111 Does the Federal Tort Claims Act apply to grantees?
1134. § 44.112 Information collection.
1135. PART 46 ADULT EDUCATION PROGRAM
1136. Subpart A General Provisions
1137. § 46.1 Purpose and scope.
1138. § 46.2 Definitions.
1139. § 46.3 Information collection.
1140. § 46.10 Eligible activities.
1141. § 46.20 Program requirements.
1142. § 46.30 Records and reporting requirements.
1143. B Subpart B [Reserved]
1144. PART 47 UNIFORM DIRECT FUNDING AND SUPPORT FOR BUREAU-OPERATED SCHOOLS
1145. § 47.1 What is the purpose of this part?
1146. § 47.2 What definitions apply to terms in this part?
1147. § 47.3 How does a Bureau-operated school find out how much funding it will receive?
1148. § 47.4 When does OIEP provide funding?
1149. § 47.5 What is the school supervisor responsible for?
1150. § 47.6 Who has access to local education financial records?
1151. § 47.7 What are the expenditure limitations for Bureau-operated schools?
1152. § 47.8 Who develops the local educational financial plans?
1153. § 47.9 What are the minimum requirements for the local educational financial plan?
1154. § 47.10 How is the local educational financial plan developed?
1155. § 47.11 Can these funds be used as matching funds for other Federal programs?
1156. § 47.12 Information collection.
1157. PART 48 LEASES OF LAND OR FACILITIES OF BUREAU-OPERATED SCHOOLS AND FUNDRAISING ACTIVITIES AT BUREAU-OPERATED SCHOOLS
1158. Subpart A General Provisions
1159. § 48.1 What is the purpose of this part?
1160. § 48.2 What is the scope of this part?
1161. § 48.3 What definitions apply to terms in this part?
1162. § 48.4 What accounting standards will the Bureau use in monitoring the receipt, holding, and use of funds?
1163. § 48.5 How does the Paperwork Reduction Act affect this part?
1164. Subpart B Leasing of Bureau-operated Facilities
1165. § 48.101 Who may enter into a lease on behalf of a Bureau-operated school?
1166. § 48.102 With whom may the Director enter into a lease?
1167. § 48.103 What facilities may be leased?
1168. § 48.104 What standards will the Director use in determining whether to enter into a lease?
1169. § 48.105 What provisions must a lease contain?
1170. § 48.106 May a lessee construct permanent improvements under a lease?
1171. § 48.107 What consideration may a Bureau-operated school accept in exchange for a lease?
1172. § 48.108 How will the Bureau determine appropriate consideration for a lease?
1173. § 48.109 Who may use the funds?
1174. § 48.110 For what purposes may a Bureau-operated school use the funds?
1175. § 48.111 How does a lessee pay the Bureau-operated school under a lease?
1176. § 48.112 How are lease payments processed?
1177. § 48.113 Will late payment charges or special fees apply to delinquent lease payments?
1178. § 48.114 How long will the funds be available?
1179. § 48.115 How will the Bureau monitor the results achieved by the use of funds received from leases?
1180. § 48.116 Who may investigate compliance with a lease?
1181. § 48.117 What will the Bureau do about a violation of a lease?
1182. § 48.118 What will the Bureau do if a lessee does not cure a lease violation on time?
1183. § 48.119 May a lease be assigned, subleased, or mortgaged?
1184. Subpart C Fundraising Activities
1185. § 48.201 To whom does this subpart apply?
1186. § 48.202 May employees fundraise?
1187. § 48.203 How much time may employees spend fundraising?
1188. § 48.204 For what school purposes may employees fundraise?
1189. § 48.205 What are the limitations on fundraising?
1190. § 48.206 What approvals are necessary to accept a donation under this subpart?
1191. § 48.207 How may donations solicited under this subpart be used?
1192. § 48.208 How does a Bureau-operated school process donated funds?
1193. § 48.209 How must the Bureau-operated school report donations?
1194. SUBCHAPTER F TRIBAL GOVERNMENT
1195. PART 61 PREPARATION OF ROLLS OF INDIANS
1196. § 61.1 Definitions.
1197. § 61.2 Purpose.
1198. § 61.3 Information collection.
1199. § 61.4 Qualifications for enrollment and the deadline for filing application forms.
1200. § 61.5 Notices.
1201. § 61.6 Application forms.
1202. § 61.7 Filing of application forms.
1203. § 61.8 Verification forms.
1204. § 61.9 Burden of proof.
1205. § 61.10 Review of applications by tribal authorities.
1206. § 61.11 Action by the Director or Superintendent.
1207. § 61.12 Appeals.
1208. § 61.13 Decision of the Assistant Secretary on appeals.
1209. § 61.14 Preparation, certification and approval of the roll.
1210. § 61.15 Special instructions.
1211. PART 62 ENROLLMENT APPEALS
1212. § 62.1 Definitions.
1213. § 62.2 Purpose.
1214. § 62.3 Information collection.
1215. § 62.4 Who may appeal.
1216. § 62.5 An appeal.
1217. § 62.6 Filing of an appeal.
1218. § 62.7 Burden of proof.
1219. § 62.8 Advising the tribal committee.
1220. § 62.9 Action by the Superintendent.
1221. § 62.10 Action by the Director.
1222. § 62.11 Action by the Assistant Secretary.
1223. § 62.12 Special instructions.
1224. PART 63 INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
1225. Subpart A Purpose, Policy, and Definitions
1226. § 63.1 Purpose.
1227. § 63.2 Policy.
1228. § 63.3 Definitions.
1229. § 63.4 Information collection.
1230. §§ 63.5-63.9 [Reserved]
1231. Subpart B Minimum Standards of Character and Suitability for Employment
1232. § 63.10 Purpose.
1233. § 63.11 What is a determination of suitability for employment and efficiency of service?
1234. § 63.12 What are minimum standards of character?
1235. § 63.13 What does the Indian Child Protection and Family Violence Prevention Act require of the Bureau of Indian Affairs and Indian tribes or tribal organizations receiving funds under the Indian Self-Determination and Education Assistance Act or the Tribally Controlled Schools Act?
1236. § 63.14 What positions require a background investigation and determination of suitability for employment or retention?
1237. § 63.15 What questions should an employer ask?
1238. § 63.16 Who conducts the background investigation and prepares the determination of suitability for employment?
1239. § 63.17 How does an employer determine suitability for employment and efficiency of service?
1240. § 63.18 Are the requirements for Bureau of Indian Affairs adjudication different from the requirements for Indian tribes and tribal organizations?
1241. § 63.19 When should an employer deny employment or dismiss an employee?
1242. § 63.20 What should an employer do if an individual has been charged with an offense but the charge is pending or no disposition has been made by a court?
1243. § 63.21 Are there other factors that may disqualify an applicant, volunteer or employee from placement in a position which involves regular contact with or control over Indian children?
1244. § 63.22 Can an employer certify an individual with a prior conviction or substantiated misconduct as suitable for employment?
1245. § 63.23 What rights does an applicant, volunteer or employee have during this process?
1246. § 63.24 What protections must employers provide to applicants, volunteers and employees?
1247. §§ 63.25-63.29 [Reserved]
1248. Subpart C Indian Child Protection and Family Violence Prevention Program
1249. § 63.30 What is the purpose of the Indian child protection and family violence prevention program?
1250. § 63.31 Can both the Bureau of Indian Affairs and tribes operate Indian child protection and family violence prevention programs?
1251. § 63.32 Under what authority are Indian child protection and family violence prevention program funds awarded?
1252. § 63.33 What must an application for Indian child protection and family violence prevention program funds include?
1253. § 63.34 How are Indian child protection and family violence prevention program funds distributed?
1254. § 63.35 How may Indian child protection and family violence prevention program funds be used?
1255. § 63.36 What are the special requirements for Indian child protection and family violence prevention programs?
1256. §§ 63.37-63.50 [Reserved]
1257. PART 67 PREPARATION OF A ROLL OF INDEPENDENT SEMINOLE INDIANS OF FLORIDA
1258. § 67.1 Definitions.
1259. § 67.2 Purpose.
1260. § 67.3 Information collection.
1261. § 67.4 Qualifications for enrollment and the deadline for filing application forms.
1262. § 67.5 Notices.
1263. § 67.6 Application forms.
1264. § 67.7 Filing of application forms.
1265. § 67.8 Burden of proof.
1266. § 67.9 Action by Superintendent.
1267. § 67.10 Appeals.
1268. § 67.11 Decision of the Area Director on appeals.
1269. § 67.12 Exhaustion of administrative remedies.
1270. § 67.13 Preparation, certification and approval of the roll.
1271. § 67.14 Preparation of a per capita payment roll.
1272. § 67.15 Special instructions.
1273. PART 75 REVISION OF THE MEMBERSHIP ROLL OF THE EASTERN BAND OF CHEROKEE INDIANS, NORTH CAROLINA
1274. § 75.1 Definitions.
1275. § 75.2 Purpose.
1276. § 75.3 Announcement of revision of roll.
1277. § 75.4 Basic membership roll.
1278. § 75.5 Removal of deceased persons from the roll.
1279. § 75.6 Additions to the roll.
1280. § 75.7 Applications for enrollment.
1281. § 75.8 Applications for minors and incompetents.
1282. § 75.9 Application form.
1283. § 75.10 Where application forms may be obtained.
1284. § 75.11 Proof of relationship.
1285. § 75.12 Enrollment Committee.
1286. § 75.13 Tenure of Enrollment Committee.
1287. § 75.14 Appeals.
1288. § 75.15 Current membership roll.
1289. § 75.16 Eligibility for enrollment of persons born after August 21, 1957.
1290. § 75.17 Relinquishment of membership.
1291. § 75.18 Adoption.
1292. § 75.19 Distribution of judgment funds.
1293. PART 81 SECRETARIAL ELECTION PROCEDURES
1294. Subpart A Purpose and Scope
1295. § 81.1 What is the purpose of this part?
1296. § 81.2 When does this part apply?
1297. § 81.3 Information collection.
1298. Subpart B Definitions
1299. § 81.4 What terms do I need to know?
1300. Subpart C Provisions Applicable to All Secretarial Elections
1301. § 81.5 What informal review is available to a tribe or petitioner when anticipating adopting or amending a governing document?
1302. § 81.6 How is a Secretarial election requested?
1303. § 81.7 What technical assistance will the Bureau provide after receiving a request for election?
1304. § 81.8 What happens if a governing Federal statute and this part disagree?
1305. § 81.9 Will the Secretary give deference to the Tribe's interpretation of its own documents?
1306. § 81.10 Who may cast a vote in a Secretarial election?
1307. § 81.11 May a tribe establish a voting age different from 18 years of age for Secretarial elections?
1308. § 81.12 What type of electioneering is allowed before and during Secretarial election?
1309. § 81.13 What types of voting assistance are provided for a Secretarial election?
1310. § 81.14 May Secretarial elections be scheduled at the same time as tribal elections?
1311. § 81.15 How are conflicting proposals to amend a single document handled?
1312. § 81.16 Who pays for holding the Secretarial election?
1313. § 81.17 May a tribe use its funds to pay non-Federal election officials?
1314. § 81.18 Who can withdraw a request for a Secretarial election?
1315. Subpart D The Secretarial Election Process under the Indian Reorganization Act (IRA)
1316. § 81.19 How does the Bureau proceed after receiving a request for a Secretarial election?
1317. § 81.20 What is the first action to be taken by the Chair of the Election Board?
1318. § 81.21 What are the responsibilities of the Secretarial Election Board in conducting a Secretarial election?
1319. § 81.22 How is the Secretarial election conducted?
1320. § 81.23 What documents are included in the Secretarial Election Notice Packet?
1321. § 81.24 What information must be included on the Secretarial election notice?
1322. § 81.25 Where will the Secretarial election notice be posted?
1323. § 81.26 How does BIA use the information I provide on the registration form?
1324. § 81.27 Must I re-register if I have already registered for a tribal or Secretarial election?
1325. § 81.28 How do I submit my registration form?
1326. § 81.29 Why does the Secretarial Election Board compile a Registered Voters List?
1327. § 81.30 What information is contained in the Registered Voters List?
1328. § 81.31 Where is the Registered Voters List posted?
1329. § 81.32 May the Registered Voters List be challenged?
1330. § 81.33 How does the Secretarial Election Board respond to challenges?
1331. § 81.34 How are the official ballots prepared?
1332. § 81.35 When must the Secretarial Election Board send ballots to voters?
1333. § 81.36 What will the mailout or absentee ballot packet include?
1334. § 81.37 How do I cast my vote at a polling site?
1335. § 81.38 When are ballots counted?
1336. § 81.39 How does the Board determine whether the required percentage of registered voters have cast ballots?
1337. § 81.40 What happens if a ballot is spoiled before it is cast?
1338. § 81.41 Who certifies the results of the Election?
1339. § 81.42 Where are the results of the Election posted?
1340. § 81.43 How are the results of the Election challenged?
1341. § 81.44 What documents are sent to the Authorizing Official?
1342. § 81.45 When are the results of the Secretarial election final?
1343. Subpart E The Secretarial Election Process Under the Oklahoma Indian Welfare Act (OIWA)
1344. § 81.46 How does the Bureau proceed upon receiving a request for an OIWA Election if no provisions are contrary to applicable law?
1345. § 81.47 How is the OIWA Secretarial election conducted?
1346. § 81.48 When are the results of the OIWA Election final?
1347. Subpart F Formulating Petitions To Request a Secretarial Election
1348. § 81.49 What is the purpose of this subpart?
1349. § 81.50 Who must follow these requirements?
1350. § 81.51 How do tribal members circulate a petition to adopt or amend the tribe's governing document?
1351. § 81.52 Who may initiate a petition?
1352. § 81.53 Who may sign a petition?
1353. § 81.54 Who is authorized to submit a petition to the Secretary?
1354. § 81.55 How is the petition formatted and signed?
1355. § 81.56 Do petitions have a minimum or maximum number of pages?
1356. § 81.57 How do I determine how many signatures are needed for a petition to be valid?
1357. § 81.58 How long do tribal members have to gather the signatures?
1358. § 81.59 How does the spokesperson file a petition?
1359. § 81.60 How does the Local Bureau Official process the petition?
1360. § 81.61 How can signatures to the petition be challenged?
1361. § 81.62 How is the petition validated?
1362. § 81.63 May the same petition be used for more than one Secretarial election?
1363. 82 PART 82 [RESERVED]
1364. PART 83 PROCEDURES FOR FEDERAL ACKNOWLEDGMENT OF INDIAN TRIBES
1365. Subpart A General Provisions
1366. § 83.1 What terms are used in this part?
1367. § 83.2 What is the purpose of the regulations in this part?
1368. § 83.3 Who does this part apply to?
1369. § 83.4 Who cannot be acknowledged under this part?
1370. § 83.5 How does a petitioner obtain Federal acknowledgment under this part?
1371. § 83.6 What are the Department's duties?
1372. § 83.7 How does this part apply to documented petitions submitted before August 17, 2015?
1373. § 83.8 May the deadlines in this part be extended?
1374. § 83.9 How does the Paperwork Reduction Act affect the information collections in this part?
1375. Subpart B Criteria for Federal Acknowledgment
1376. § 83.10 How will the Department evaluate each of the criteria?
1377. § 83.11 What are the criteria for acknowledgment as a federally recognized Indian tribe?
1378. § 83.12 What are the criteria for a previously federally acknowledged petitioner?
1379. Subpart C Process for Federal Acknowledgment
1380. 78 Documented Petition Submission and Review
1381. § 83.20 How does an entity request Federal acknowledgment?
1382. § 83.21 What must a documented petition include?
1383. § 83.22 What notice will OFA provide upon receipt of a documented petition?
1384. 79 Review of Documented Petition
1385. § 83.23 How will OFA determine which documented petition to consider first?
1386. § 83.24 What opportunity will the petitioner have to respond to comments before OFA reviews the petition?
1387. § 83.25 Who will OFA notify when it begins review of a documented petition?
1388. § 83.26 How will OFA review a documented petition?
1389. § 83.27 What are technical assistance reviews?
1390. § 83.28 When does OFA review for previous Federal acknowledgment?
1391. § 83.29 What will OFA consider in its reviews?
1392. § 83.30 Can a petitioner withdraw its documented petition?
1393. § 83.31 Can OFA suspend review of a documented petition?
1394. 80 Proposed Finding
1395. § 83.32 When will OFA issue a proposed finding?
1396. § 83.33 What will the proposed finding include?
1397. § 83.34 What notice of the proposed finding will OFA provide?
1398. Proposed Finding Comment and Response Periods, Hearing
1399. § 83.35 What opportunity to comment will there be after OFA issues the proposed finding?
1400. § 83.36 What procedure follows the end of the comment period on a favorable proposed finding?
1401. § 83.37 What procedure follows the end of the comment period on a negative proposed finding?
1402. § 83.38 What options does the petitioner have at the end of the response period on a negative proposed finding?
1403. § 83.39 What is the procedure if the petitioner elects to have a hearing before an ALJ?
1404. 82 AS-IA Evaluation and Preparation of Final Determination
1405. § 83.40 When will the Assistant Secretary begin review?
1406. § 83.41 What will the Assistant Secretary consider in his/her review?
1407. § 83.42 When will the Assistant Secretary issue a final determination?
1408. § 83.43 How will the Assistant Secretary make the determination decision?
1409. § 83.44 Is the Assistant Secretary's final determination final for the Department?
1410. § 83.45 When will the final determination be effective?
1411. § 83.46 How is a petitioner with a positive final determination integrated into Federal programs as a federally recognized Indian tribe?
1412. Subpart D Re-Petition Authorization Process
1413. § 83.47 Who can seek authorization to re-petition under this subpart?
1414. § 83.48 When will the Department allow a re-petition?
1415. § 83.49 How long does an unsuccessful petitioner have to submit a request for authorization to re-petition?
1416. § 83.50 How does an unsuccessful petitioner request authorization to re-petition?
1417. § 83.51 What notice will OFA provide upon receipt of a request for authorization to re-petition?
1418. § 83.52 What opportunity to comment will there be before the Assistant Secretary reviews the re-petition request?
1419. § 83.53 How will the Assistant Secretary determine which re-petition request to consider first?
1420. § 83.54 Who will OFA notify when the Assistant Secretary begins review of a re-petition request?
1421. § 83.55 What will the Assistant Secretary consider in his/her review?
1422. § 83.56 Can a petitioner withdraw its re-petition request?
1423. § 83.57 When will the Assistant Secretary issue a decision on a re-petition request?
1424. § 83.58 Can AS-IA suspend review of a re-petition request?
1425. § 83.59 How will the Assistant Secretary make the decision on a re-petition request?
1426. § 83.60 What notice of the Assistant Secretary's decision will OFA provide?
1427. § 83.61 When will the Assistant Secretary's decision become effective, and can it be appealed?
1428. § 83.62 What happens if some portion of this subpart is held to be invalid by a court of competent jurisdiction?
1429. PART 84 ENCUMBRANCES OF TRIBAL LAND—CONTRACT APPROVALS
1430. § 84.001 What is the purpose of this part?
1431. § 84.002 What terms must I know?
1432. § 84.003 What types of contracts and agreements require Secretarial approval under this part?
1433. § 84.004 Are there types of contracts and agreements that do not require Secretarial approval under this part?
1434. § 84.005 Will the Secretary approve contracts or agreements even where such approval is not required under this part?
1435. § 84.006 Under what circumstances will the Secretary disapprove a contract or agreement that requires Secretarial approval under this part?
1436. § 84.007 What is the status of a contract or agreement that requires Secretarial approval under this part but has not yet been approved?
1437. § 84.008 What is the effect of the Secretary's disapproval of a contract or agreement that requires Secretarial approval under this part?
1438. PART 87 USE OR DISTRIBUTION OF INDIAN JUDGMENT FUNDS
1439. § 87.1 Definitions.
1440. § 87.2 Purpose.
1441. § 87.3 Time limits.
1442. § 87.4 Conduct of hearings of record.
1443. § 87.5 Submittal of proposed plan by Secretary.
1444. § 87.6 Extension of period for submitting plans.
1445. § 87.7 Submittal of proposed legislation by Secretary.
1446. § 87.8 Enrollment aspects of plans.
1447. § 87.9 Programming aspects of plans.
1448. § 87.10 Per capita payment aspects of plans and protection of funds accruing to minors, legal incompetents and deceased beneficiaries.
1449. § 87.11 Investment of judgment funds.
1450. § 87.12 Insuring the proper performance of approved plans.
1451. PART 88 RECOGNITION OF ATTORNEYS AND AGENTS TO REPRESENT CLAIMANTS
1452. § 88.1 Employment of attorneys.
1453. § 88.2 Employment by tribes or individual claimants.
1454. PART 89 ATTORNEY CONTRACTS WITH INDIAN TRIBES
1455. 83 Tribes Organized Under The Indian Reorganization Act
1456. §§ 89.1-89.26 [Reserved]
1457. 84 Five Civilized Tribes
1458. § 89.30 Contents and approval of contracts.
1459. § 89.31 Negotiation of contract.
1460. § 89.32 Notice from the principal officer.
1461. § 89.33 Notice from attorney.
1462. § 89.34 Tentative form of contract.
1463. § 89.35 Execution in quintuplet.
1464. 85 Payment of Tribal Attorney Fees With Appropriated Funds
1465. § 89.40 General policy.
1466. § 89.41 Exceptions to policy.
1467. § 89.42 Factors to be considered.
1468. § 89.43 Procedures.
1469. PART 90 ELECTIONS OF OSAGE MINERALS COUNCIL
1470. § 90.100 What role does the Bureau of India Affairs (BIA) play in the Osage Minerals Council's elections?
1471. § 90.101 [Reserved]
1472. PART 91 GOVERNMENT OF INDIAN VILLAGES, OSAGE RESERVATION, OKLAHOMA
1473. § 91.1 Purpose.
1474. § 91.2 Definitions.
1475. § 91.3 Description of village reserves.
1476. § 91.4 Plats of village reserves.
1477. § 91.5 Tracts reserved from selection by individuals.
1478. § 91.6 Custody of public buildings and tracts reserved from selection by individuals; village committees.
1479. § 91.7 Permits to occupy land for dwelling purposes.
1480. § 91.8 Sale or mortgage of improvements.
1481. § 91.9 Inheritance of improvements.
1482. § 91.10 Renting of improvements.
1483. § 91.11 Domestic animals in village reserves.
1484. § 91.12 Business enterprises and public buildings.
1485. § 91.13 Health, sanitation, and sewerage disposal.
1486. § 91.14 Confirmation of permits.
1487. § 91.15 Suspension or amendment of regulations.
1488. SUBCHAPTER G FINANCIAL ACTIVITIES
1489. PART 101 LOANS TO INDIANS FROM THE REVOLVING LOAN FUND
1490. § 101.1 Definitions.
1491. § 101.2 Kinds of loans.
1492. § 101.3 Eligible borrowers under United States direct loan program.
1493. § 101.4 Applications.
1494. § 101.5 Approval of loans.
1495. § 101.6 Modification of loans.
1496. § 101.7 Management and technical assistance.
1497. § 101.8 Environmental and Flood Disaster Acts.
1498. § 101.9 Preservation of historical and archeological data.
1499. § 101.10 Federal Reserve Regulation Z and Fair Credit Reporting Act.
1500. § 101.11 Interest.
1501. § 101.12 Records and reports.
1502. § 101.13 Security.
1503. § 101.14 Maturity.
1504. § 101.15 Penalties on default.
1505. § 101.16 Default on loans made by relending organizations.
1506. § 101.17 Uncollectable loans made by the United States.
1507. § 101.18 Uncollectible loans made by relending organizations.
1508. § 101.19 Assignment of loans.
1509. § 101.20 Relending by borrower.
1510. § 101.21 Repayments on United States direct loans.
1511. § 101.22 Repayments on loans made by relending organizations.
1512. § 101.23 Approval of articles of association and bylaws.
1513. § 101.24 Loans for expert assistance for preparation and trial of Indian claims.
1514. § 101.25 Information collection.
1515. PART 103 LOAN GUARANTY, INSURANCE, AND INTEREST SUBSIDY
1516. Subpart A General Provisions
1517. § 103.1 What does this part do?
1518. § 103.2 Who does the Program help?
1519. § 103.3 Who administers the Program?
1520. § 103.4 What kinds of loans will BIA guarantee or insure?
1521. § 103.5 What size loan will BIA guarantee or insure?
1522. § 103.6 To what extent will BIA guarantee or insure a loan?
1523. § 103.7 Must the borrower have equity in the business being financed?
1524. § 103.8 Is there any cost for a BIA guaranty or insurance coverage?
1525. Subpart B How a Lender Obtains a Loan Guaranty or Insurance Coverage
1526. § 103.9 Who applies to BIA under the Program?
1527. § 103.10 What lenders are eligible under the Program?
1528. § 103.11 How does BIA approve lenders for the Program?
1529. § 103.12 How does a lender apply for a loan guaranty?
1530. § 103.13 How does a lender apply for loan insurance coverage?
1531. § 103.14 Can BIA request additional information?
1532. § 103.15 Are there any prohibited loan terms?
1533. § 103.16 How does BIA approve or reject a loan guaranty or insurance application?
1534. § 103.17 Must the lender follow any special procedures to close the loan?
1535. § 103.18 How does BIA issue a loan guaranty or confirm loan insurance?
1536. § 103.19 When must the lender pay BIA the loan guaranty or insurance premium?
1537. Subpart C Interest Subsidy
1538. § 103.20 What is interest subsidy?
1539. § 103.21 Who applies for interest subsidy payments, and what is the application procedure?
1540. § 103.22 How does BIA determine the amount of interest subsidy?
1541. § 103.23 How does BIA make interest subsidy payments?
1542. § 103.24 How long will BIA make interest subsidy payments?
1543. Subpart D Provisions Relating to Borrowers
1544. § 103.25 What kind of borrower is eligible under the Program?
1545. § 103.26 What must the borrower supply the lender in its loan application?
1546. § 103.27 Can the borrower get help preparing its loan application or putting its loan funds to use?
1547. Subpart E Loan Transfers
1548. § 103.28 What if the lender transfers part of the loan to another person?
1549. § 103.29 What if the lender transfers the entire loan?
1550. Subpart F Loan Servicing Requirements
1551. § 103.30 What standard of care must a lender meet?
1552. § 103.31 What loan servicing requirements apply to BIA?
1553. § 103.32 What sort of loan documentation does BIA expect the lender to maintain?
1554. § 103.33 Are there reporting requirements?
1555. § 103.34 What if the lender and borrower decide to change the terms of the loan?
1556. Subpart G Default and Payment by BIA
1557. § 103.35 What must the lender do if the borrower defaults on the loan?
1558. § 103.36 What options and remedies does the lender have if the borrower defaults on the loan?
1559. § 103.37 What must the lender do to collect payment under its loan guaranty certificate or loan insurance coverage?
1560. § 103.38 Is there anything else for BIA or the lender to do after BIA makes payment?
1561. § 103.39 When will BIA refuse to pay all or part of a lender's claim?
1562. § 103.40 Will BIA make exceptions to its criteria for denying payment?
1563. § 103.41 What happens if a lender violates provisions of this part?
1564. § 103.42 How long must a lender comply with Program requirements?
1565. § 103.43 What must the lender do after repayment in full?
1566. Subpart H Definitions and Miscellaneous Provisions
1567. § 103.44 What certain terms mean in this part.
1568. § 103.45 Information collection.
1569. PART 111 ANNUITY AND OTHER PER CAPITA PAYMENTS
1570. § 111.1 Persons to share payments.
1571. § 111.2 Enrolling non-full-blood children.
1572. § 111.3 Payments by check.
1573. § 111.4 Election of shareholders.
1574. § 111.5 Future payments.
1575. PART 114 SPECIAL DEPOSITS [RESERVED]
1576. PART 115 TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS
1577. Subpart A Purpose, Definitions, and Public Information
1578. § 115.001 What is the purpose of this part?
1579. § 115.002 What definitions do I need to know?
1580. Subpart B IIM Accounts
1581. § 115.100 Osage Agency.
1582. § 115.101 Individual accounts.
1583. § 115.102 Adults under legal disability.
1584. § 115.103 Payments by other Federal agencies.
1585. § 115.104 Restrictions.
1586. § 115.105 Funds of deceased Indians of the Five Civilized Tribes.
1587. § 115.106 Assets of members of the Agua Caliente Band of Mission Indians.
1588. § 115.107 Appeals.
1589. Subpart C IIM Accounts: Minors
1590. § 115.400 Will a minor's IIM account always be supervised?
1591. § 115.401 What is a minor's supervised account?
1592. § 115.402 Will a minor have access to information about his or her account?
1593. § 115.403 Who will receive information regarding a minor's supervised account?
1594. § 115.404 What information will be provided in a minor's statement of performance?
1595. § 115.405 How frequently will a minor's statement of performance be mailed?
1596. § 115.406 Who provides an address of record for a minor's supervised account?
1597. § 115.407 How is an address of record for a minor's supervised account changed?
1598. § 115.408 May a minor's supervised account have more than one address on file with the BIA?
1599. § 115.409 How is an address for a minor's residence changed?
1600. § 115.410 What types of identification will the BIA or OTFM accept as “verifiable photo identification”?
1601. § 115.411 What if the individual making a request regarding a minor's supervised account does not have any verifiable photo identification?
1602. § 115.412 Will child support payments be accepted for deposit into a minor's supervised account?
1603. § 115.413 Who may receive funds from a minor's supervised account?
1604. § 115.414 What is an authorized disbursement request?
1605. § 115.415 How will an authorized disbursement from a minor's supervised account be sent?
1606. § 115.416 Will the United States post office forward mail regarding a minor's supervised account to a forwarding address left with the United States post office?
1607. § 115.417 What portion of funds in a minor's supervised account may be withdrawn under a distribution plan?
1608. § 115.418 What types of trust funds may a minor have?
1609. § 115.419 Who develops a minor's distribution plan?
1610. § 115.420 When developing a minor's distribution plan, what information must be considered and included in the evaluation?
1611. § 115.421 What information will be included in the copy of the minor's distribution plan that will be provided to OTFM?
1612. § 115.422 As a custodial parent, the legal guardian, the person who BIA has recognized as having control and custody of the minor, or an emancipated minor, what are your responsibilities if you receive trust funds from a minor's supervised account?
1613. § 115.423 If you are a custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the disbursement of funds from a minor's supervised account without your knowledge?
1614. § 115.424 Who receives a copy of the BIA-approved distribution plan and any amendments to the plan?
1615. § 115.425 What will we do if we find that a distribution plan has not been followed or an individual has acted improperly in regard to his or her duties involving a minor's trust funds?
1616. § 115.426 What is the BIA's responsibility regarding the management of a minor's supervised account?
1617. § 115.427 What is the BIA's annual review process for a minor's supervised account?
1618. § 115.428 Will you automatically receive all of your trust funds when you reach the age of 18?
1619. § 115.429 What do you need to do when you reach 18 years of age to access your trust funds?
1620. § 115.430 Will your account lose its supervised status when you reach the age of 18?
1621. § 115.431 If you are an emancipated minor may you withdraw trust funds from your account?
1622. Subpart D IIM Accounts: Estate Accounts
1623. § 115.500 When is an estate account established?
1624. § 115.501 How long will an estate account remain open?
1625. § 115.502 Who inherits the money in an IIM account when an account holder dies?
1626. § 115.503 May money in an IIM account be withdrawn after the death of an account holder but prior to the end of the probate proceedings?
1627. § 115.504 If you have a life estate interest in income-producing trust assets, how will you receive the income?
1628. Subpart E IIM Accounts: Hearing Process for Restricting an IIM Account
1629. § 115.600 If BIA decides to restrict your IIM account under § 115.102 or § 115.104, what procedures must the BIA follow?
1630. § 115.601 Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?
1631. § 115.602 How will the BIA notify you or your guardian, as applicable, of its decision to restrict your IIM account?
1632. § 115.603 What happens if BIA's notice of its decision to place a restriction on your IIM account that is sent by United States certified mail is returned to the BIA as undeliverable for any reason?
1633. § 115.604 When will BIA authorize OTFM to place a restriction on your IIM account?
1634. § 115.605 What information will the BIA include in its notice of the decision to restrict your IIM account?
1635. § 115.606 What happens if you do not request a hearing to challenge BIA's decision to restrict your IIM account during the allotted time period?
1636. § 115.607 How do you request a hearing to challenge the BIA's decision to restrict your IIM account?
1637. § 115.608 If you request a hearing to challenge BIA's decision to restrict your IIM account, when will BIA conduct the hearing?
1638. § 115.609 Will you be allowed to present testimony and/or evidence at the hearing?
1639. § 115.610 Will you be allowed to present witnesses during a hearing?
1640. § 115.611 Will you be allowed to question opposing witnesses during a hearing?
1641. § 115.612 May you be represented by an attorney during your hearing?
1642. § 115.613 Will the BIA record the hearing?
1643. § 115.614 Why is the BIA hearing recorded?
1644. § 115.615 How long after the hearing will BIA make its final decision?
1645. § 115.616 What information will be included in BIA's final decision?
1646. § 115.617 What happens when the BIA decides to supervise or encumber your IIM account after your hearing?
1647. § 115.618 What happens if at the conclusion of the notice and hearing process we decide to encumber your IIM account because of an administrative error which resulted in funds that you do not own being deposited in your account or distributed to you or to a third party on your behalf?
1648. § 115.619 If the BIA decides that the restriction on your IIM account will be continued after your hearing, do you have the right to appeal that decision?
1649. § 115.620 If you decide to appeal the BIA's final decision pursuant to § 115.107, will the BIA restrict your IIM account during the appeal?
1650. Subpart F Trust Fund Accounts: General Information
1651. § 115.700 Why is money held in trust for tribes and individual Indians?
1652. § 115.701 What types of accounts are maintained for Indian trust funds?
1653. § 115.702 What specific sources of money will be accepted for deposit into a trust account?
1654. § 115.703 May we accept for deposit into a trust account money not specified in § 115.702?
1655. § 115.704 May we accept for deposit into a trust account retirement checks/payments or pension fund checks/payments even though those funds are not specified in § 115.702?
1656. § 115.705 May we accept for deposit into a trust account money awarded or assessed by a court of competent jurisdiction?
1657. § 115.706 When funds are awarded or assessed by a court of competent jurisdiction in a cause of action involving trust assets, what documentation is required to deposit the trust funds into a trust account?
1658. § 115.707 Will the Secretary accept administrative fees for deposit into a trust account?
1659. § 115.708 How quickly will trust funds received by the Secretary on behalf of tribes or individual Indians be deposited into a trust account?
1660. § 115.709 Will an annual audit be conducted on trust funds?
1661. 90 Investments and Interests
1662. § 115.710 Does money in a trust account earn interest?
1663. § 115.711 How is money in a trust account invested?
1664. § 115.712 What is the interest rate earned on money in a trust account?
1665. § 115.713 When does money in a trust account start earning interest?
1666. Subpart G Tribal Accounts
1667. § 115.800 When does OTFM open a tribal account?
1668. § 115.801 How often will a tribe receive information about its trust account(s)?
1669. § 115.802 May a tribe make a request to OTFM to receive information about its trust account more frequently?
1670. § 115.803 What information will be provided in a statement of performance?
1671. § 115.804 Will we account to a tribe for those trust funds the tribe receives through direct pay?
1672. § 115.805 If a tribe is paid directly under a contract for the sale or use of trust assets, will we accept those trust funds for deposit into a tribal trust account?
1673. § 115.806 How will the BIA assist in the administration of tribal judgment fund accounts?
1674. 91 Investing and Managing Tribal Trust Funds
1675. § 115.807 Will OTFM consult with tribes about investments of tribal trust funds?
1676. § 115.808 Could trust fund investments made by OTFM lose money?
1677. § 115.809 May a tribe recommend to OTFM how to invest the tribe's trust funds?
1678. § 115.810 May a tribe directly invest and manage its trust funds?
1679. § 115.811 Under what conditions may a tribe redeposit funds with OTFM that were previously withdrawn under the Trust Reform Act?
1680. § 115.812 Is a tribe responsible for its expenditures of trust funds that are not made in compliance with statutory language or other federal law?
1681. § 115.813 Is there a limit to the amount of trust funds OTFM will disburse from a tribal trust account?
1682. § 115.814 If a tribe withdraws money from its trust account for a particular purpose or project, may the tribe redeposit any money that was not used for its intended purpose?
1683. 92 Withdrawing Tribal Trust Funds
1684. § 115.815 How does a tribe request trust funds from a tribal trust account?
1685. § 115.816 May a tribe's request for a withdrawal of trust funds from its trust account be delayed or denied?
1686. § 115.817 How does OTFM disburse money to a tribe?
1687. 93 Unclaimed Per Capita Funds
1688. § 115.818 What happens if an Indian adult does not cash his or her per capita check?
1689. § 115.819 What steps will be taken to locate an individual whose per capita check is returned as undeliverable or not cashed within twelve (12) months of issuance?
1690. § 115.820 May OTFM transfer money in a returned per capita account to a tribal account?
1691. Subpart H Special Deposit Accounts
1692. § 115.900 Who receives the interest earned on trust funds in a special deposit account?
1693. § 115.901 When will the trust funds in a special deposit account be credited or paid out to the owner of the funds?
1694. § 115.902 May administrative or land conveyance fees paid as federal reimbursements be deposited in a special deposit account?
1695. § 115.903 May cash bonds (e.g., performance bonds, appeal bonds, etc.) be deposited into a special deposit account?
1696. § 115.904 Where earnest money is paid prior to Secretarial approval of a conveyance or contract instrument involving trust assets, may the BIA deposit that earnest money into a special deposit account?
1697. Subpart I Records
1698. § 115.1000 Who owns the records associated with this part?
1699. § 115.1001 How must records associated with this part be preserved?
1700. PART 117 DEPOSIT AND EXPENDITURE OF INDIVIDUAL FUNDS OF MEMBERS OF THE OSAGE TRIBE OF INDIANS WHO DO NOT HAVE CERTIFICATES OF COMPETENCY
1701. § 117.1 Definitions.
1702. § 117.2 Payment of taxes of adult Indians.
1703. § 117.3 Payment of taxes of Indians under 21 years of age.
1704. § 117.4 Disbursement of allowance funds.
1705. § 117.5 Procedure for hearings to assume supervision of expenditure of allowance funds.
1706. § 117.6 Allowance for minors.
1707. § 117.7 Disbursement or expenditure of surplus funds.
1708. § 117.8 Purchase of land.
1709. § 117.9 Construction and repairs.
1710. § 117.10 Purchase of automotive equipment.
1711. § 117.11 Insurance.
1712. § 117.12 Costs of recording and conveyancing.
1713. § 117.13 Telephone and telegraph messages.
1714. § 117.14 Miscellaneous expenditure of surplus funds.
1715. § 117.15 Collections from insurance companies.
1716. § 117.16 Reimbursement to surplus funds.
1717. § 117.17 Inactive surplus funds accounts.
1718. § 117.18 Withdrawal and payment of segregated trust funds.
1719. § 117.19 Debts of Indians.
1720. § 117.20 Purchase orders.
1721. § 117.21 Fees and expenses of attorneys.
1722. § 117.22 Disbursements to legal guardians.
1723. § 117.23 Transactions between guardian and ward.
1724. § 117.24 Compensation for guardians and their attorneys.
1725. § 117.25 Charges for services to Indians.
1726. § 117.26 Expenses incurred pending qualification of an executor or administrator.
1727. § 117.27 Custody of funds pending administration of estates.
1728. § 117.28 Payment of claims against estates.
1729. § 117.29 Sale of improvements.
1730. § 117.30 Sale of personal property.
1731. § 117.31 Removal of restrictions from personal property.
1732. § 117.32 Funds of Indians of other tribes.
1733. § 117.33 Signature of illiterates.
1734. § 117.34 Financial status of Indians confidential.
1735. § 117.35 Appeals.
1736. PART 122 MANAGEMENT OF OSAGE JUDGMENT FUNDS FOR EDUCATION
1737. § 122.1 Purpose and scope.
1738. § 122.2 Definitions.
1739. § 122.3 Information collection.
1740. § 122.4 Establishment of the Osage Tribal Education Committee.
1741. § 122.5 Selection/nomination process for committee members.
1742. § 122.6 Duties of the Osage Tribal Education Committee.
1743. § 122.7 Budget.
1744. § 122.8 Administrative costs for management of the fund.
1745. § 122.9 Annual report.
1746. § 122.10 Appeal.
1747. § 122.11 Applicability.
1748. PART 124 DEPOSITS OF PROCEEDS FROM LANDS WITHDRAWN FOR NATIVE SELECTION
1749. § 124.1 What is the purpose of this part?
1750. § 124.2 Who should an agency or the State of Alaska contact for information?
1751. PART 134 PARTIAL PAYMENT CONSTRUCTION CHARGES ON INDIAN IRRIGATION PROJECTS
1752. § 134.1 Partial reimbursement of irrigation charges; 5 percent per annum of cost of system, June 30, 1920.
1753. § 134.2 Landowners financially unable to pay.
1754. § 134.3 Period for payments extended.
1755. § 134.4 Annual payment reduced.
1756. § 134.4a Assessment and collection of additional construction costs.
1757. § 134.5 Payments to disbursing officer.
1758. § 134.6 “Owner” defined.
1759. § 134.7 Modifications.
1760. PART 135 CONSTRUCTION ASSESSMENTS, CROW INDIAN IRRIGATION PROJECT
1761. Subpart A Charges Assessed Against Irrigation District Lands
1762. § 135.1 Contracts.
1763. § 135.2 Annual rate of assessments.
1764. § 135.3 Annual assessments.
1765. § 135.4 Time of payment.
1766. § 135.5 Penalty.
1767. § 135.6 Refusal of water delivery.
1768. Subpart B Charges Assessed Against Non-Indian Lands Not Included in an Irrigation District
1769. § 135.20 Private contract lands; assessments.
1770. § 135.21 Time of payment.
1771. § 135.22 Penalty.
1772. § 135.23 Refusal of water delivery.
1773. PART 136 FORT HALL INDIAN IRRIGATION PROJECT, IDAHO
1774. § 136.1 Repayment contracts.
1775. § 136.2 Construction costs.
1776. § 136.3 Repayment of construction costs.
1777. PART 137 REIMBURSEMENT OF CONSTRUCTION COSTS, SAN CARLOS INDIAN IRRIGATION PROJECT, ARIZONA
1778. § 137.1 Water supply.
1779. § 137.2 Availability of water.
1780. § 137.3 Construction charges.
1781. § 137.4 Future charges.
1782. § 137.5 Construction costs limited.
1783. § 137.6 Power development.
1784. § 137.7 Private ownership defined.
1785. § 137.8 Indian lands excluded.
1786. PART 138 REIMBURSEMENT OF CONSTRUCTION COSTS, AHTANUM UNIT, WAPATO INDIAN IRRIGATION PROJECT, WASHINGTON
1787. § 138.1 Construction costs and assessable acreage.
1788. § 138.2 Repayment of construction costs.
1789. § 138.3 Payments.
1790. § 138.4 Deferment of assessments on lands remaining in Indian ownership.
1791. § 138.5 Assessments after the Indian title has been extinguished.
1792. PART 139 REIMBURSEMENT OF CONSTRUCTION COSTS, WAPATO-SATUS UNIT, WAPATO INDIAN IRRIGATION PROJECT, WASHINGTON
1793. § 139.1 Construction costs and assessable acreage.
1794. § 139.2 Repayment of construction costs.
1795. § 139.3 Payments.
1796. § 139.4 Deferment of assessments on lands remaining in Indian ownership.
1797. § 139.5 Assessments after the Indian title has been extinguished.
1798. PART 140 LICENSED INDIAN TRADERS
1799. § 140.1 Sole power to appoint.
1800. § 140.2 Presidential prohibition.
1801. § 140.3 Forfeiture of goods.
1802. § 140.5 Bureau of Indian Affairs employees not to contract or trade with Indians except in certain cases.
1803. § 140.9 Application for license.
1804. § 140.11 License period.
1805. § 140.12 License renewal.
1806. § 140.13 Power to close unlicensed stores.
1807. § 140.14 Trade limited to specified premises.
1808. § 140.15 License applicable for trading only by original licensee.
1809. § 140.16 Trade in annuities or gratuities prohibited.
1810. § 140.17 Tobacco sales to minors.
1811. § 140.18 Intoxicating liquors.
1812. § 140.19 Drugs.
1813. § 140.21 Gambling.
1814. § 140.22 Inspection of traders' prices.
1815. § 140.23 Credit at trader's risk.
1816. § 140.24 Cash payments only to Indians.
1817. § 140.25 Trade in antiquities prohibited.
1818. § 140.26 Infectious plants.
1819. PART 141 BUSINESS PRACTICES ON THE NAVAJO, HOPI AND ZUNI RESERVATIONS
1820. Subpart A Interpretation and Construction Guides
1821. § 141.1 Purpose.
1822. § 141.2 Scope.
1823. § 141.3 Definitions.
1824. § 141.4 Interpretation and construction.
1825. Subpart B Licensing Requirements and Procedures
1826. § 141.5 Reservation business license required.
1827. § 141.6 Approval or denial of license application.
1828. § 141.7 Bond requirement for a reservation business.
1829. § 141.8 License period for reservation businesses.
1830. § 141.9 Application for license renewal.
1831. § 141.10 License fees for reservation businesses.
1832. § 141.11 Tribal fees, taxes, and enforcement.
1833. § 141.12 Peddler's permits.
1834. § 141.13 Amusement company licenses.
1835. § 141.14 Trade in livestock restricted.
1836. § 141.15 Consent to jurisdiction of Hopi and Zuni tribal courts.
1837. Subpart C General Business Practices
1838. § 141.16 Price marking.
1839. § 141.17 Health and sanitation requirements.
1840. § 141.18 Availability of employee authorized to transact business.
1841. § 141.19 Check cashing.
1842. § 141.20 Payment for purchase of Indian goods or services.
1843. § 141.21 Trade confined to premises.
1844. § 141.22 Subleasing prohibited.
1845. § 141.23 Posted statement of ownership.
1846. § 141.24 Attendance at semi-annual meetings.
1847. § 141.25 Withholding of mail prohibited.
1848. § 141.26 Trade in antiquities prohibited.
1849. § 141.27 Trade in imitation Indian crafts prohibited.
1850. § 141.28 Gambling prohibited.
1851. § 141.29 Political contributions restricted.
1852. § 141.30 Retaliation prohibited.
1853. § 141.31 Trade by Indian Affairs employees restricted.
1854. Subpart D Pawnbroker Practices
1855. § 141.32 Reservation pawnbroker license required.
1856. § 141.33 Fees for pawnbroker license.
1857. § 141.34 Pawnbroker records.
1858. § 141.35 Pawnbroker disclosure requirements.
1859. § 141.36 Maximum finance charges on pawn transactions.
1860. § 141.37 Prepayment.
1861. § 141.38 Pawn loans, period, notice and sale.
1862. § 141.39 Sale and redemption of pawn.
1863. § 141.40 Proceeds of sale.
1864. § 141.41 Refinancing transaction.
1865. § 141.42 Lost pawn receipts or tickets.
1866. § 141.43 Outstanding obligations owed to pledgee.
1867. § 141.44 Insurance on pawn.
1868. Subpart E Consumer Credit Transactions Other Than Pawn
1869. § 141.45 Consumer credit applications.
1870. § 141.46 Credit disclosure statements.
1871. § 141.47 Monthly billing statement.
1872. § 141.48 Translation of disclosure statements.
1873. § 141.49 Usury prohibited.
1874. Subpart F Enforcement Powers, Procedures and Remedies
1875. § 141.50 Penalty and forfeiture of merchandise.
1876. § 141.51 Authority to close unlicensed reservation businesses.
1877. § 141.52 Revocation of license and lease and recovery on bond.
1878. § 141.53 Cease and desist orders.
1879. § 141.54 Periodic review of performance.
1880. § 141.55 Price monitoring and control.
1881. § 141.56 Show cause procedures.
1882. § 141.57 Procedures to cancel liability on bond.
1883. § 141.58 Records, reports, and obligations of reservation business owners.
1884. § 141.59 Customer complaint procedures.
1885. PART 142 ALASKA RESUPPLY OPERATION
1886. § 142.1 Definitions.
1887. § 142.2 What is the purpose of the Alaska Resupply Operation?
1888. § 142.3 Who is responsible for the Alaska Resupply Operation?
1889. § 142.4 For whom is the Alaska Resupply Operation operated?
1890. § 142.5 Who determines the rates and conditions of service of the Alaska Resupply Operation?
1891. § 142.6 How are the rates and conditions for the Alaska Resupply Operation established?
1892. § 142.7 How are transportation and scheduling determined?
1893. § 142.8 Is economy of operation a requirement for the Alaska Resupply Operation?
1894. § 142.9 How are orders accepted?
1895. § 142.10 How is freight to be prepared?
1896. § 142.11 How is payment made?
1897. § 142.12 What is the liability of the United States for loss or damage?
1898. § 142.13 Information collection.
1899. PART 143 CHARGES FOR GOODS AND SERVICES PROVIDED TO NON-FEDERAL USERS
1900. § 143.1 Definitions.
1901. § 143.2 Purpose.
1902. § 143.3 Procedures.
1903. § 143.4 Charges.
1904. § 143.5 Payment.
1905. SUBCHAPTER H LAND AND WATER
1906. PART 150 RECORD OF TITLE TO INDIAN LAND
1907. Subpart A Purpose and Definitions
1908. § 150.1 What is the purpose of this part?
1909. § 150.2 What terms do I need to know?
1910. § 150.3 May Tribes administer this part on LTRO's behalf?
1911. Subpart B Record of Title to Indian Land
1912. § 150.101 What is the purpose of the record of title?
1913. § 150.102 Who maintains the record of title?
1914. § 150.103 What services does the LTRO perform to maintain the record of title?
1915. § 150.104 How does the LTRO maintain the record of title?
1916. § 150.105 Are certain LTRO offices responsible for certain geographic areas?
1917. Subpart C Procedures and Requirements To Record Documents
1918. § 150.201 What is recorded in the record of title?
1919. § 150.202 Must I check with any other governmental office to find title documents for Indian land?
1920. § 150.203 Who may submit a title document for recording?
1921. § 150.204 Who records title documents?
1922. § 150.205 What are the minimum requirements for recording a title document?
1923. § 150.206 What actions will the LTRO take if it discovers a title defect?
1924. Subpart D Disclosure of Title Documents and Reports
1925. § 150.301 How does the LTRO certify copies of title documents?
1926. § 150.302 What reports does the LTRO provide?
1927. § 150.303 Who may request and receive copies of title documents in the record of title or reports from the LTRO without filing a Freedom of Information Act request?
1928. § 150.304 Where do I request copies of title documents or reports from the LTRO?
1929. § 150.305 What information must I provide when requesting copies of title documents and reports?
1930. § 150.306 Will I be charged a fee for obtaining copies of records?
1931. Subpart E Records
1932. § 150.401 Who owns the records associated with this part?
1933. § 150.402 How must records associated with this part be preserved?
1934. § 150.403 How does the Paperwork Reduction Act affect this part?
1935. PART 151 LAND ACQUISITIONS
1936. § 151.1 What is the purpose of this part?
1937. § 151.2 How are key terms defined?
1938. § 151.3 What is the Secretary's land acquisition policy?
1939. § 151.4 How will the Secretary determine that statutory authority exists to acquire land in trust status?
1940. § 151.5 May the Secretary acquire land in trust status by exchange?
1941. § 151.6 May the Secretary approve acquisition of a fractional interest?
1942. § 151.7 Is Tribal consent required for nonmember acquisitions?
1943. § 151.8 What documentation is included in a trust acquisition package?
1944. § 151.9 How will the Secretary evaluate a request involving land within the boundaries of an Indian reservation?
1945. § 151.10 How will the Secretary evaluate a request involving land contiguous to the boundaries of an Indian reservation?
1946. § 151.11 How will the Secretary evaluate a request involving land outside of and noncontiguous to the boundaries of an Indian reservation?
1947. § 151.12 How will the Secretary evaluate a request involving land for an initial Indian acquisition?
1948. § 151.13 How will the Secretary act on requests?
1949. § 151.14 How will the Secretary review title?
1950. § 151.15 How will the Secretary conduct a review of environmental conditions?
1951. § 151.16 How are formalization of acceptance and trust status attained?
1952. § 151.17 What effect does this part have on pending requests and final agency decisions already issued?
1953. § 151.18 Severability.
1954. PART 152 ISSUANCE OF PATENTS IN FEE, CERTIFICATES OF COMPETENCY, REMOVAL OF RESTRICTIONS, AND SALE OF CERTAIN INDIAN LANDS
1955. § 152.1 Definitions.
1956. § 152.2 Withholding action on application.
1957. 94 Issuing Patents in Fee, Certificates of Competency or Orders Removing Restrictions
1958. § 152.3 Information regarding status of applications for removal of Federal supervision over Indian lands.
1959. § 152.4 Application for patent in fee.
1960. § 152.5 Issuance of patent in fee.
1961. § 152.6 Issuance of patents in fee to non-Indians and Indians with whom a special relationship does not exist.
1962. § 152.7 Application for certificate of competency.
1963. § 152.8 Issuance of certificate of competency.
1964. § 152.9 Certificates of competency to certain Osage adults.
1965. § 152.10 Application for orders removing restrictions, except Five Civilized Tribes.
1966. § 152.11 Issuance of orders removing restrictions, except Five Civilized Tribes.
1967. § 152.12 Removal of restrictions, Five Civilized Tribes, after application under authority other than section 2(a) of the Act of August 11, 1955.
1968. § 152.13 Removal of restrictions, Five Civilized Tribes, after application under section 2(a) of the Act of August 11, 1955.
1969. § 152.14 Removal of restrictions, Five Civilized Tribes, without application.
1970. § 152.15 Judicial review of removal of restrictions, Five Civilized Tribes, without application.
1971. § 152.16 Effect of order removing restrictions, Five Civilized Tribes.
1972. 95 Sales, Exchanges and Conveyances of Trust or Restricted Lands
1973. § 152.17 Sales, exchanges, and conveyances by, or with the consent of the individual Indian owner.
1974. § 152.18 Sale with the consent of natural guardian or person designated by the Secretary.
1975. § 152.19 Sale by fiduciaries.
1976. § 152.20 Sale by Secretary of certain land in multiple ownership.
1977. § 152.21 Sale or exchange of tribal land.
1978. § 152.22 Secretarial approval necessary to convey individual-owned trust or restricted lands or land owned by a tribe.
1979. § 152.23 Applications for sale, exchange or gift.
1980. § 152.24 Appraisal.
1981. § 152.25 Negotiated sales, gifts and exchanges of trust or restricted lands.
1982. § 152.26 Advertisement.
1983. § 152.27 Procedure of sale.
1984. § 152.28 Action at close of bidding.
1985. § 152.29 Rejection of bids; disapproval of sale.
1986. § 152.30 Bidding by employees.
1987. § 152.31 Cost of conveyance; payment.
1988. § 152.32 Irrigation fee; payment.
1989. 96 Partitions in Kind of Inherited Allotments
1990. § 152.33 Partition.
1991. 97 Mortgages and Deeds of Trust To Secure Loans to Indians
1992. § 152.34 Approval of mortgages and deeds of trust.
1993. § 152.35 Deferred payment sales.
1994. PART 153 DETERMINATION OF COMPETENCY: CROW INDIANS
1995. § 153.1 Purpose of regulations.
1996. § 153.2 Application and examination.
1997. § 153.3 Application form.
1998. § 153.4 Factors determining competency.
1999. § 153.5 Children of competent Indians.
2000. § 153.6 Appeals.
2001. PART 158 OSAGE LANDS
2002. § 158.51 Definitions.
2003. § 158.52 Application for change in designation of homestead.
2004. § 158.53 Order to change designation of homestead.
2005. § 158.54 Exchanges of restrictive lands.
2006. § 158.55 Institution of partition proceedings.
2007. § 158.56 Partition records.
2008. § 158.57 Approval of deeds or other instruments vesting title on partition and payment of costs.
2009. § 158.58 Disposition of proceeds of partition sales.
2010. PART 159 SALE OF IRRIGABLE LANDS, SPECIAL WATER CONTRACT REQUIREMENTS
2011. § 159.1 Conditions of contract.
2012. PART 160 INCLUSION OF LIENS IN ALL PATENTS AND INSTRUMENTS EXECUTED
2013. § 160.1 Liens.
2014. § 160.2 Instructions.
2015. § 160.3 Leases to include description of lands.
2016. § 160.4 Prompt payment of irrigation charges by lessees.
2017. PART 161 NAVAJO PARTITIONED LANDS GRAZING PERMITS
2018. Subpart A Definitions, Authority, Purpose, and Scope
2019. § 161.1 What definitions do I need to know?
2020. § 161.2 What are the Secretary's authorities under this part?
2021. § 161.3 What is the purpose of this part?
2022. § 161.4 To what lands does this part apply?
2023. § 161.5 Can BIA waive the application of this part?
2024. § 161.6 Are there any other restrictions on information given to BIA?
2025. Subpart B Tribal Policies and Laws Pertaining to Permits
2026. § 161.100 Do tribal laws apply to grazing permits?
2027. § 161.101 How will tribal laws be enforced on the Navajo Partitioned Lands?
2028. § 161.102 What notifications are required that tribal laws apply to grazing permits on the Navajo Partitioned Lands?
2029. Subpart C General Provisions
2030. § 161.200 Is an Indian agricultural resource management plan required?
2031. § 161.201 Is environmental compliance required?
2032. § 161.202 How are range units established?
2033. § 161.203 Are range management plans required?
2034. § 161.204 How are carrying capacities and stocking rates established?
2035. § 161.205 How are range improvements treated?
2036. § 161.206 What must a permittee do to protect livestock from exposure to disease?
2037. § 161.207 What livestock are authorized to graze?
2038. Subpart D Permit Requirements
2039. § 161.300 When is a permit needed to authorize grazing use?
2040. § 161.301 What will a grazing permit contain?
2041. § 161.302 What restrictions are placed on grazing permits?
2042. § 161.303 How long is a permit valid?
2043. § 161.304 Must a permit be recorded?
2044. § 161.305 When is a decision by BIA regarding a permit effective?
2045. § 161.306 When are permits effective?
2046. § 161.307 When may a permittee commence grazing on Navajo Partitioned Land?
2047. § 161.308 Must a permittee comply with standards of conduct if granted a permit?
2048. Subpart E Reissuance of Grazing Permits
2049. § 161.400 What are the criteria for reissuing grazing permits?
2050. § 161.401 Will new permits be granted after the initial reissuance of permits?
2051. § 161.402 What are the procedures for reissuing permits?
2052. § 161.403 How are grazing permits allocated within each range unit?
2053. Subpart F Modifying A Permit
2054. § 161.500 May permits be transferred, assigned or modified?
2055. § 161.501 When will a permit modification be effective?
2056. § 161.502 Will a special land use require permit modification?
2057. Subpart G Permit Violations
2058. § 161.600 What permit violations are addressed by this subpart?
2059. § 161.601 How will BIA monitor permit compliance?
2060. § 161.602 Will my permit be canceled for non-use?
2061. § 161.603 Can mediation be used in the event of a permit violation or dispute?
2062. § 161.604 What happens if a permit violation occurs?
2063. § 161.605 What will a written notice of a permit violation contain?
2064. § 161.606 What will BIA do if the permittee doesn't cure a violation on time?
2065. § 161.607 What appeal bond provisions apply to permit cancellation decisions?
2066. § 161.608 When will a permit cancellation be effective?
2067. § 161.609 Can BIA take emergency action if the rangeland is threatened?
2068. § 161.610 What will BIA do if livestock is not removed when a permit expires or is cancelled?
2069. Subpart H Trespass
2070. § 161.700 What is trespass?
2071. § 161.701 What is BIA's trespass policy?
2072. § 161.702 Who will enforce this subpart?
2073. 101 Notification
2074. § 161.703 How are trespassers notified of a trespass determination?
2075. § 161.704 What can a permittee do if they receive a trespass notice?
2076. § 161.705 How long will a written trespass notice remain in effect?
2077. 102 Actions
2078. § 161.706 What actions does BIA take against trespassers?
2079. § 161.707 When will BIA impound unauthorized livestock or other property?
2080. § 161.708 How are trespassers notified of impoundments?
2081. § 161.709 What happens after unauthorized livestock or other property are impounded?
2082. § 161.710 How can impounded livestock or other property be redeemed?
2083. § 161.711 How will BIA sell impounded livestock or other property?
2084. 103 Penalties, Damages, and Costs
2085. § 161.712 What are the penalties, damages, and costs payable by trespassers?
2086. § 161.713 How will BIA determine the amount of damages to Navajo Partitioned Lands?
2087. § 161.714 How will BIA determine the costs associated with enforcement of the trespass?
2088. § 161.715 What will BIA do if a trespasser fails to pay penalties, damages and costs?
2089. § 161.716 How are the proceeds from trespass distributed?
2090. § 161.717 What happens if BIA does not collect enough money to satisfy the penalty?
2091. Subpart I Concurrence/Appeals/Amendments
2092. § 161.800 How does the Navajo Nation provide concurrence to BIA?
2093. § 161.801 May decisions under this part be appealed?
2094. § 161.802 How will the Navajo Nation recommend amendments to this part?
2095. PART 162 LEASES AND PERMITS
2096. Subpart A General Provisions
2097. 149 Purpose, Definitions, and Scope
2098. § 162.001 What is the purpose of this part?
2099. § 162.002 How is this part subdivided?
2100. § 162.003 What key terms do I need to know?
2101. § 162.004 To what land does this part apply?
2102. 150 When to Get a Lease
2103. § 162.005 When do I need a lease to authorize possession of Indian land?
2104. § 162.006 To what types of land use agreements does this part apply?
2105. § 162.007 To what permits does this part apply?
2106. § 162.008 Does this part apply to lease documents I submitted for approval before January 4, 2013?
2107. § 162.009 Do I need BIA approval of a subleasehold mortgage?
2108. 151 How to Get a Lease
2109. § 162.010 How do I obtain a lease?
2110. § 162.011 How does a prospective lessee identify and contact individual Indian landowners to negotiate a lease?
2111. § 162.012 What are the consent requirements for a lease?
2112. § 162.013 Who is authorized to consent to a lease?
2113. 152 Lease Administration
2114. § 162.014 What laws will apply to leases approved under this part?
2115. § 162.015 May a lease contain a preference consistent with tribal law for employment of tribal members?
2116. § 162.016 Will BIA comply with tribal laws in making lease decisions?
2117. § 162.017 What taxes apply to leases approved under this part?
2118. § 162.018 May tribes administer this part on BIA's behalf?
2119. § 162.019 May a lease address access to the leased premises by roads or other infrastructure?
2120. § 162.020 May a lease combine tracts with different Indian landowners?
2121. § 162.021 What are BIA's responsibilities in approving leases?
2122. § 162.022 What are BIA's responsibilities in administering and enforcing leases?
2123. § 162.023 What if an individual or entity takes possession of or uses Indian land without an approved lease or other proper authorization?
2124. § 162.024 May BIA take emergency action if Indian land is threatened?
2125. § 162.025 May decisions under this part be appealed?
2126. § 162.026 Who can answer questions about leasing?
2127. § 162.027 What documentation may BIA require in approving, administering, and enforcing leases?
2128. § 162.028 How may an Indian tribe obtain information about leases on its land?
2129. § 162.029 How does BIA provide notice to the parties to a lease?
2130. Subpart B Agricultural Leases
2131. § 162.101 What key terms do I need to know for this subpart?
2132. § 162.105 Can tracts with different Indian landowners be unitized for agricultural leasing purposes?
2133. § 162.106 What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?
2134. § 162.107 What are BIA's objectives in granting or approving agricultural leases?
2135. § 162.108 What are BIA's responsibilities in administering and enforcing agricultural leases?
2136. § 162.109 What laws, other than these regulations, will apply to agricultural leases granted or approved under this part?
2137. § 162.110 Can these regulations be administered by tribes, on the Secretary's or on BIA's behalf?
2138. § 162.111 Who owns the records associated with this subpart?
2139. § 162.112 How must records associated with this part be preserved?
2140. § 162.113 May decisions under this subpart be appealed?
2141. 153 General Provisions
2142. § 162.200 What types of leases are covered by this subpart?
2143. § 162.201 Must agricultural land be managed in accordance with a tribe's agricultural resource management plan?
2144. § 162.202 How will tribal laws be enforced on agricultural land?
2145. § 162.203 When can the regulations in this subpart be superseded or modified by tribal laws and leasing policies?
2146. § 162.204 Must notice of applicable tribal laws and leasing policies be provided?
2147. § 162.205 Can individual Indian landowners exempt their agricultural land from certain tribal leasing policies?
2148. 154 How to Obtain a Lease
2149. § 162.206 Can the terms of an agricultural lease be negotiated with the Indian landowners?
2150. § 162.207 When can the Indian landowners grant an agricultural lease?
2151. § 162.208 Who can represent the Indian landowners in negotiating or granting an agricultural lease?
2152. § 162.209 When can BIA grant an agricultural lease on behalf of an Indian landowner?
2153. § 162.210 When can BIA grant a permit covering agricultural land?
2154. § 162.211 What type of valuation or evaluation methods will be applied in estimating the fair annual rental of Indian land?
2155. § 162.212 When will the BIA advertise Indian land for agricultural leases?
2156. § 162.213 What supporting documents must be provided prior to BIA's grant or approval of an agricultural lease?
2157. § 162.214 How and when will BIA decide whether to approve an agricultural lease?
2158. § 162.215 When will an agricultural lease be effective?
2159. § 162.216 When will a BIA decision to approve an agricultural lease be effective?
2160. § 162.217 Must an agricultural lease or permit be recorded?
2161. 155 Lease Requirements
2162. § 162.218 Is there a standard agricultural lease form?
2163. § 162.219 Are there any provisions that must be included in an agricultural lease?
2164. § 162.220 Are there any formal requirements that must be satisfied in the execution of an agricultural lease?
2165. § 162.221 How should the land be described in an agricultural lease?
2166. § 162.222 How much rent must be paid under an agricultural lease?
2167. § 162.223 Must the rent be adjusted under an agricultural lease?
2168. § 162.224 When are rent payments due under an agricultural lease?
2169. § 162.225 Will untimely rent payments made under an agricultural lease be subject to interest charges or late payment penalties?
2170. § 162.226 To whom can rent payments be made under an agricultural lease?
2171. § 162.227 What form of rent payment can be accepted under an agricultural lease?
2172. § 162.228 What other types of payments are required under an agricultural lease?
2173. § 162.229 How long can the term of an agricultural lease run?
2174. § 162.230 Can an agricultural lease be amended, assigned, sublet, or mortgaged?
2175. § 162.231 How can the land be used under an agricultural lease?
2176. § 162.232 Can improvements be made under an agricultural lease?
2177. § 162.233 Who will own the improvements made under an agricultural lease?
2178. § 162.234 Must a tenant provide a bond under an agricultural lease?
2179. § 162.235 What form of bond can be accepted under an agricultural lease?
2180. § 162.236 How will a cash bond be administered?
2181. § 162.237 What insurance is required under an agricultural lease?
2182. § 162.238 What indemnities are required under an agricultural lease?
2183. § 162.239 How will payment rights and obligations relating to agricultural land be allocated between the Indian landowners and the tenant?
2184. § 162.240 Can an agricultural lease provide for negotiated remedies in the event of a violation?
2185. 156 Lease Administration
2186. § 162.241 Will administrative fees be charged for actions relating to agricultural leases?
2187. § 162.242 How will BIA decide whether to approve an amendment to an agricultural lease?
2188. § 162.243 How will BIA decide whether to approve an assignment or sublease under an agricultural lease?
2189. § 162.244 How will BIA decide whether to approve a leasehold mortgage under an agricultural lease?
2190. § 162.245 When will a BIA decision to approve an amendment, assignment, sublease, or mortgage under an agricultural lease be effective?
2191. § 162.246 Must an amendment, assignment, sublease, or mortgage approved under an agricultural lease be recorded?
2192. 157 Lease Enforcement
2193. § 162.247 Will BIA notify a tenant when a rent payment is due under an agricultural lease?
2194. § 162.248 What will BIA do if rent payments are not made in the time and manner required by an agricultural lease?
2195. § 162.249 Will any special fees be assessed on delinquent rent payments due under an agricultural lease?
2196. § 162.250 How will BIA determine whether the activities of a tenant under an agricultural lease are in compliance with the terms of the lease?
2197. § 162.251 What will BIA do in the event of a violation under an agricultural lease?
2198. § 162.252 What will BIA do if a violation of an agricultural lease is not cured within the requisite time period?
2199. § 162.253 Will BIA's regulations concerning appeal bonds apply to cancellation decisions involving agricultural leases?
2200. § 162.254 When will a cancellation of an agricultural lease be effective?
2201. § 162.255 Can BIA take emergency action if the leased premises are threatened with immediate and significant harm?
2202. § 162.256 What will BIA do if a tenant holds over after the expiration or cancellation of an agricultural lease?
2203. Subpart C Residential Leases
2204. 158 Residential Leasing General Provisions
2205. § 162.301 What types of leases does this subpart cover?
2206. § 162.302 Is there a model residential lease form?
2207. § 162.303 Who needs a lease for housing for public purposes?
2208. 159 Lease Requirements
2209. § 162.311 How long may the term of a residential lease run?
2210. § 162.312 What must the lease include if it contains an option to renew?
2211. § 162.313 Are there mandatory provisions that a residential lease must contain?
2212. § 162.314 May permanent improvements be made under a residential lease?
2213. § 162.315 How must a residential lease address ownership of permanent improvements?
2214. § 162.316 How will BIA enforce removal requirements in a residential lease?
2215. § 162.317 How must a residential lease describe the land?
2216. 160 Rental Requirements
2217. § 162.320 How much rent must be paid under a residential lease of tribal land?
2218. § 162.321 How much rent must be paid under a residential lease of individually owned Indian land?
2219. § 162.322 How will BIA determine fair market rental for a residential lease?
2220. § 162.323 When are rental payments due under a residential lease?
2221. § 162.324 Must a residential lease specify who receives rental payments?
2222. § 162.325 What form of payment is acceptable under a residential lease?
2223. § 162.326 May a residential lease provide for non-monetary or varying types of compensation?
2224. § 162.327 Will BIA notify a lessee when a payment is due under a residential lease?
2225. § 162.328 Must a residential lease provide for rental reviews or adjustments?
2226. § 162.329 What other types of payments are required under a residential lease?
2227. 161 Bonding and Insurance
2228. § 162.334 Is a performance bond required for a residential lease document?
2229. § 162.335 Is insurance required for a residential lease document?
2230. §§ 162.336-162.337 [Reserved]
2231. 162 Approval
2232. § 162.338 What documents are required for BIA approval of a residential lease?
2233. § 162.339 Will BIA review a proposed residential lease before or during preparation of the NEPA review documentation?
2234. § 162.340 What is the approval process for a residential lease?
2235. § 162.341 How will BIA decide whether to approve a residential lease?
2236. § 162.342 When will a residential lease be effective?
2237. § 162.343 Must a residential lease document be recorded?
2238. § 162.344 Will BIA require an appeal bond for an appeal of a decision on a residential lease document?
2239. 163 Amendments
2240. § 162.345 May the parties amend a residential lease?
2241. § 162.346 What are the consent requirements for an amendment of a residential lease?
2242. § 162.347 What is the approval process for an amendment of a residential lease?
2243. § 162.348 How will BIA decide whether to approve an amendment of a residential lease?
2244. 164 Assignments
2245. § 162.349 May a lessee assign a residential lease?
2246. § 162.350 What are the consent requirements for an assignment of a residential lease?
2247. § 162.351 What is the approval process for an assignment of a residential lease?
2248. § 162.352 How will BIA decide whether to approve an assignment of a residential lease?
2249. 165 Subleases
2250. § 162.353 May a lessee sublease a residential lease?
2251. § 162.354 What are the consent requirements for a sublease of a residential lease?
2252. § 162.355 What is the approval process for a sublease of a residential lease?
2253. § 162.356 How will BIA decide whether to approve a sublease of a residential lease?
2254. 166 Leasehold Mortgages
2255. § 162.357 May a lessee mortgage a residential lease?
2256. § 162.358 What are the consent requirements for a leasehold mortgage of a residential lease?
2257. § 162.359 What is the approval process for a leasehold mortgage of a residential lease?
2258. § 162.360 How will BIA decide whether to approve a leasehold mortgage of a residential lease?
2259. 167 Effectiveness, Compliance, and Enforcement
2260. § 162.361 When will an amendment, assignment, sublease, or leasehold mortgage of a residential lease be effective?
2261. § 162.362 What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage?
2262. § 162.363 What happens if BIA does not meet a deadline for issuing a decision on a lease document?
2263. § 162.364 May BIA investigate compliance with a residential lease?
2264. § 162.365 May a residential lease provide for negotiated remedies if there is a violation?
2265. § 162.366 162.366 What will BIA do about a violation of a residential lease?
2266. § 162.367 What will BIA do if the lessee does not cure a violation of a residential lease on time?
2267. § 162.368 Will late payment charges or special fees apply to delinquent payments due under a residential lease?
2268. § 162.369 How will payment rights relating to a residential lease be allocated?
2269. § 162.370 When will a cancellation of a residential lease be effective?
2270. § 162.371 What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?
2271. § 162.372 Will BIA appeal bond regulations apply to cancellation decisions involving residential leases?
2272. § 162.373 When will BIA issue a decision on an appeal from a residential leasing decision?
2273. § 162.374 What happens if the lessee abandons the leased premises?
2274. Subpart D Business Leases
2275. 168 Business Leasing General Provisions
2276. § 162.401 What types of leases does this subpart cover?
2277. § 162.402 Is there a model business lease form?
2278. 169 Lease Requirements
2279. § 162.411 How long may the term of a business lease run?
2280. § 162.412 What must the lease include if it contains an option to renew?
2281. § 162.413 Are there mandatory provisions that a business lease must contain?
2282. § 162.414 May permanent improvements be made under a business lease?
2283. § 162.415 How must a business lease address ownership of permanent improvements?
2284. § 162.416 How will BIA enforce removal requirements in a business lease?
2285. § 162.417 What requirements for due diligence must a business lease include?
2286. § 162.418 How must a business lease describe the land?
2287. § 162.419 May a business lease allow compatible uses?
2288. 170 Monetary Compensation Requirements
2289. § 162.420 How much monetary compensation must be paid under a business lease of tribal land?
2290. § 162.421 How much monetary compensation must be paid under a business lease of individually owned Indian land?
2291. § 162.422 How will BIA determine fair market rental for a business lease?
2292. § 162.423 When are monetary compensation payments due under a business lease?
2293. § 162.424 Must a business lease specify who receives monetary compensation payments?
2294. § 162.425 What form of monetary compensation payment is acceptable under a business lease?
2295. § 162.426 May the business lease provide for non-monetary or varying types of compensation?
2296. § 162.427 Will BIA notify a lessee when a payment is due under a business lease?
2297. § 162.428 Must a business lease provide for compensation reviews or adjustments?
2298. § 162.429 What other types of payments are required under a business lease?
2299. 171 Bonding and Insurance
2300. § 162.434 Must a lessee provide a performance bond for a business lease?
2301. § 162.435 What forms of security are acceptable under a business lease?
2302. § 162.436 What is the release process for a performance bond or alternative form of security under a business lease?
2303. § 162.437 Must a lessee provide insurance for a business lease?
2304. 172 Approval
2305. § 162.438 What documents are required for BIA approval of a business lease?
2306. § 162.439 Will BIA review a proposed business lease before or during preparation of the NEPA review documentation?
2307. § 162.440 What is the approval process for a business lease?
2308. § 162.441 How will BIA decide whether to approve a business lease?
2309. § 162.442 When will a business lease be effective?
2310. § 162.443 Must a business lease document be recorded?
2311. § 162.444 Will BIA require an appeal bond for an appeal of a decision on a business lease document?
2312. 173 Amendments
2313. § 162.445 May the parties amend a business lease?
2314. § 162.446 What are the consent requirements for an amendment to a business lease?
2315. § 162.447 What is the approval process for an amendment to a business lease?
2316. § 162.448 How will BIA decide whether to approve an amendment to a business lease?
2317. 174 Assignments
2318. § 162.449 May a lessee assign a business lease?
2319. § 162.450 What are the consent requirements for an assignment of a business lease?
2320. § 162.451 What is the approval process for an assignment of a business lease?
2321. § 162.452 How will BIA decide whether to approve an assignment of a business lease?
2322. 175 Subleases
2323. § 162.453 May a lessee sublease a business lease?
2324. § 162.454 What are the consent requirements for a sublease of a business lease?
2325. § 162.455 What is the approval process for a sublease of a business lease?
2326. § 162.456 How will BIA decide whether to approve a sublease of a business lease?
2327. 176 Leasehold Mortgages
2328. § 162.457 May a lessee mortgage a business lease?
2329. § 162.458 What are the consent requirements for a leasehold mortgage of a business lease?
2330. § 162.459 What is the approval process for a leasehold mortgage of a business lease?
2331. § 162.460 How will BIA decide whether to approve a leasehold mortgage of a business lease?
2332. 177 Effectiveness, Compliance, and Enforcement
2333. § 162.461 When will an amendment, assignment, sublease, or leasehold mortgage of a business lease be effective?
2334. § 162.462 What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a business lease?
2335. § 162.463 What happens if BIA does not meet a deadline for issuing a decision on a lease document?
2336. § 162.464 May BIA investigate compliance with a business lease?
2337. § 162.465 May a business lease provide for negotiated remedies if there is a violation?
2338. § 162.466 What will BIA do about a violation of a business lease?
2339. § 162.467 What will BIA do if the lessee does not cure a violation of a business lease on time?
2340. § 162.468 Will late payment charges or special fees apply to delinquent payments due under a business lease?
2341. § 162.469 How will payment rights relating to a business lease be allocated?
2342. § 162.470 When will a cancellation of a business lease be effective?
2343. § 162.471 What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?
2344. § 162.472 Will BIA appeal bond regulations apply to cancellation decisions involving business leases?
2345. § 162.473 When will BIA issue a decision on an appeal from a business leasing decision?
2346. § 162.474 What happens if the lessee abandons the leased premises?
2347. Subpart E Wind and Solar Resource Leases
2348. 178 General Provisions Applicable to WEELs and WSR Leases
2349. § 162.501 What types of leases does this subpart cover?
2350. § 162.502 Who must obtain a WEEL or WSR lease?
2351. § 162.503 Is there a model WEEL or WSR lease?
2352. 179 WEELs
2353. § 162.511 What is the purpose of a WEEL?
2354. § 162.512 How long may the term of a WEEL run?
2355. § 162.513 Are there mandatory provisions a WEEL must contain?
2356. § 162.514 May permanent improvements be made under a WEEL?
2357. § 162.515 How must a WEEL address ownership of permanent improvements?
2358. § 162.516 How will BIA enforce removal requirements in a WEEL?
2359. § 162.517 What requirements for due diligence must a WEEL include?
2360. § 162.518 How must a WEEL describe the land?
2361. § 162.519 May a WEEL allow for compatible uses by the Indian landowner?
2362. § 162.520 Who owns the energy resource information obtained under the WEEL?
2363. § 162.521 May a lessee incorporate its WEEL analyses into its WSR lease analyses?
2364. § 162.522 May a WEEL contain an option for the lessee to enter into a WSR lease?
2365. 180 WEEL Monetary Compensation Requirements
2366. § 162.523 How much compensation must be paid under a WEEL?
2367. § 162.524 Will BIA require a valuation for a WEEL?
2368. 181 WEEL Bonding and Insurance
2369. § 162.525 Must a lessee provide a performance bond for a WEEL?
2370. § 162.526 [Reserved]
2371. § 162.527 Must a lessee provide insurance for a WEEL?
2372. 182 WEEL Approval
2373. § 162.528 What documents are required for BIA approval of a WEEL?
2374. § 162.529 Will BIA review a proposed WEEL before or during preparation of the NEPA review documentation?
2375. § 162.530 What is the approval process for a WEEL?
2376. § 162.531 How will BIA decide whether to approve a WEEL?
2377. § 162.532 When will a WEEL be effective?
2378. § 162.533 Must a WEEL lease document be recorded?
2379. 183 WEEL Administration
2380. § 162.534 May the parties amend, assign, sublease, or mortgage a WEEL?
2381. 184 WEEL Compliance and Enforcement
2382. § 162.535 What effectiveness, compliance, and enforcement provisions apply to WEELs?
2383. § 162.536 Under what circumstances may a WEEL be terminated?
2384. § 162.537 [Reserved]
2385. 185 WSR Leases
2386. § 162.538 What is the purpose of a WSR lease?
2387. § 162.539 Must I obtain a WEEL before obtaining a WSR lease?
2388. § 162.540 How long may the term of a WSR lease run?
2389. § 162.541 What must the lease include if it contains an option to renew?
2390. § 162.542 Are there mandatory provisions a WSR lease must contain?
2391. § 162.543 May permanent improvements be made under a WSR lease?
2392. § 162.544 How must a WSR lease address ownership of permanent improvements?
2393. § 162.545 How will BIA enforce removal requirements in a WSR lease?
2394. § 162.546 What requirements for due diligence must a WSR lease include?
2395. § 162.547 How must a WSR lease describe the land?
2396. § 162.548 May a WSR lease allow compatible uses?
2397. 186 WSR Lease Monetary Compensation Requirements
2398. § 162.549 How much monetary compensation must be paid under a WSR lease of tribal land?
2399. § 162.550 How much monetary compensation must be paid under a WSR lease of individually owned Indian land?
2400. § 162.551 How will BIA determine fair market rental for a WSR lease?
2401. § 162.552 When are monetary compensation payments due under a WSR lease?
2402. § 162.553 Must a WSR lease specify who receives monetary compensation payments?
2403. § 162.554 What form of monetary compensation payment is acceptable under a WSR lease?
2404. § 162.555 May a WSR lease provide for non-monetary or varying types of compensation?
2405. § 162.556 Will BIA notify a lessee when a payment is due under a WSR lease?
2406. § 162.557 Must a WSR lease provide for compensation reviews or adjustments?
2407. § 162.558 What other types of payments are required under a WSR lease?
2408. 187 WSR Lease Bonding and Insurance
2409. § 162.559 Must a lessee provide a performance bond for a WSR lease?
2410. § 162.560 What forms of security are acceptable under a WSR lease?
2411. § 162.561 What is the release process for a performance bond or alternative form of security under a WSR lease?
2412. § 162.562 Must a lessee provide insurance for a WSR lease?
2413. 188 WSR Lease Approval
2414. § 162.563 What documents are required for BIA approval of a WSR lease?
2415. § 162.564 Will BIA review a proposed WSR lease before or during preparation of the NEPA review documentation?
2416. § 162.565 What is the approval process for a WSR lease?
2417. § 162.566 How will BIA decide whether to approve a WSR lease?
2418. § 162.567 When will a WSR lease be effective?
2419. § 162.568 Must a WSR lease document be recorded?
2420. § 162.569 Will BIA require an appeal bond for an appeal of a decision on a WSR lease document?
2421. 189 WSR Lease Amendments
2422. § 162.570 May the parties amend a WSR lease?
2423. § 162.571 What are the consent requirements for an amendment to a WSR lease?
2424. § 162.572 What is the approval process for an amendment to a WSR lease?
2425. § 162.573 How will BIA decide whether to approve an amendment to a WSR lease?
2426. 190 WSR Lease Assignments
2427. § 162.574 May a lessee assign a WSR lease?
2428. § 162.575 What are the consent requirements for an assignment of a WSR lease?
2429. § 162.576 What is the approval process for an assignment of a WSR lease?
2430. § 162.577 How will BIA decide whether to approve an assignment of a WSR lease?
2431. 191 WSR Lease Subleases
2432. § 162.578 May a lessee sublease a WSR lease?
2433. § 162.579 What are the consent requirements for a sublease of a WSR lease?
2434. § 162.580 What is the approval process for a sublease of a WSR lease?
2435. § 162.581 How will BIA decide whether to approve a sublease of a WSR lease?
2436. 192 WSR Leasehold Mortgages
2437. § 162.582 May a lessee mortgage a WSR lease?
2438. § 162.583 What are the consent requirements for a leasehold mortgage of a WSR lease?
2439. § 162.584 What is the approval process for a leasehold mortgage of a WSR lease?
2440. § 162.585 How will BIA decide whether to approve a leasehold mortgage of a WSR lease?
2441. 193 WSR Lease Effectiveness, Compliance, and Enforcement
2442. § 162.586 When will an amendment, assignment, sublease, or leasehold mortgage of a WSR lease be effective?
2443. § 162.587 What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage of a WSR lease?
2444. § 162.588 What happens if BIA does not meet a deadline for issuing a decision on a lease document?
2445. § 162.589 May BIA investigate compliance with a WSR lease?
2446. § 162.590 May a WSR lease provide for negotiated remedies if there is a violation?
2447. § 162.591 What will BIA do about a violation of a WSR lease?
2448. § 162.592 What will BIA do if a lessee does not cure a violation of a WSR lease on time?
2449. § 162.593 Will late payment charges or special fees apply to delinquent payments due under a WSR lease?
2450. § 162.594 How will payment rights relating to WSR leases be allocated?
2451. § 162.595 When will a cancellation of a WSR lease be effective?
2452. § 162.596 What will BIA do if a lessee remains in possession after a WSR lease expires or is terminated or cancelled?
2453. § 162.597 Will BIA appeal bond regulations apply to cancellation decisions involving WSR leases?
2454. § 162.598 When will BIA issue a decision on an appeal from a WSR leasing decision?
2455. § 162.599 What happens if the lessee abandons the leased premises?
2456. Subpart F Special Requirements for Certain Reservations
2457. § 162.600 Crow Reservation.
2458. § 162.601 Fort Belknap Reservation.
2459. § 162.602 Cabazon, Augustine, and Torres-Martinez Reservations, California.
2460. § 162.603 San Xavier and Salt River Pima-Maricopa Reservations.
2461. Subpart G Records
2462. § 162.701 Who owns the records associated with this part?
2463. § 162.702 How must records associated with this part be preserved?
2464. § 162.703 How does the Paperwork Reduction Act affect this part?
2465. PART 163 GENERAL FORESTRY REGULATIONS
2466. Subpart A General Provisions
2467. § 163.1 Definitions.
2468. § 163.2 Information collection.
2469. § 163.3 Scope and objectives.
2470. § 163.4 Secretarial recognition of tribal laws.
2471. Subpart B Forest Management and Operations
2472. § 163.10 Management of Indian forest land.
2473. § 163.11 Forest management planning and sustained yield management.
2474. § 163.12 Harvesting restrictions.
2475. § 163.13 Indian tribal forest enterprise operations.
2476. § 163.14 Sale of forest products.
2477. § 163.15 Advertisement of sales.
2478. § 163.16 Forest product sales without advertisement.
2479. § 163.17 Deposit with bid.
2480. § 163.18 Acceptance and rejection of bids.
2481. § 163.19 Contracts for the sale of forest products.
2482. § 163.20 Execution and approval of contracts.
2483. § 163.21 Bonds required.
2484. § 163.22 Payment for forest products.
2485. § 163.23 Advance payment for timber products.
2486. § 163.24 Duration of timber contracts.
2487. § 163.25 Forest management deductions.
2488. § 163.26 Forest product harvesting permits.
2489. § 163.27 Free-use harvesting without permits.
2490. § 163.28 Fire management measures.
2491. § 163.29 Trespass.
2492. § 163.30 Revocable road use and construction permits for removal of commercial forest products.
2493. § 163.31 Insect and disease control.
2494. § 163.32 Forest development.
2495. § 163.33 Administrative appeals.
2496. § 163.34 Environmental compliance.
2497. § 163.35 Indian forest land assistance account.
2498. § 163.36 Tribal forestry program financial support.
2499. § 163.37 Forest management research.
2500. Subpart C Forestry Education, Education Assistance, Recruitment and Training
2501. § 163.40 Indian and Alaska Native forestry education assistance.
2502. § 163.41 Postgraduation recruitment, continuing education and training programs.
2503. § 163.42 Obligated service and breach of contract.
2504. Subpart D Alaska Native Technical Assistance Program
2505. § 163.60 Purpose and scope.
2506. § 163.61 Evaluation committee.
2507. § 163.62 Annual funding needs assessment and rating.
2508. § 163.63 Contract, grant, or agreement application and award process.
2509. Subpart E Cooperative Agreements
2510. § 163.70 Purpose of agreements.
2511. § 163.71 Agreement funding.
2512. § 163.72 Supervisory relationship.
2513. Subpart F Program Assessment
2514. § 163.80 Periodic assessment report.
2515. § 163.81 Assessment guidelines.
2516. § 163.82 Annual status report.
2517. § 163.83 Assistance from the Secretary of Agriculture.
2518. PART 166 GRAZING PERMITS
2519. Subpart A Purpose, Scope, and Definitions
2520. § 166.1 What is the purpose and scope of this part?
2521. § 166.2 Can the BIA waive the application of these regulations?
2522. § 166.3 May decisions under this part be appealed?
2523. § 166.4 What terms do I need to know?
2524. Subpart B Tribal Policies and Laws Pertaining to Permits
2525. § 166.100 What special tribal policies will we apply to permitting on Indian agricultural lands?
2526. § 166.101 May individual Indian landowners exempt their land from certain tribal policies for permitting on Indian agricultural lands?
2527. § 166.102 Do tribal laws apply to permits?
2528. § 166.103 How will tribal laws be enforced on Indian agricultural land?
2529. § 166.104 What notifications are required that tribal laws apply to permits on Indian agricultural lands?
2530. Subpart C Permit Requirements
2531. 207 General Requirements
2532. § 166.200 When is a permit needed to authorize possession of Indian land for grazing purposes?
2533. § 166.201 Must parents or guardians of Indian minors who own Indian land obtain a permit before using land for grazing purposes?
2534. § 166.202 May an emancipated minor grant a permit?
2535. § 166.203 When can the Indian landowners grant a permit?
2536. § 166.204 Who may represent an individual Indian landowner in granting a permit?
2537. § 166.205 When can the BIA grant a permit on behalf of Indian landowners?
2538. § 166.206 What requirements apply to a permit on a fractionated tract?
2539. § 166.207 What provisions will be contained in a permit?
2540. § 166.208 How long is a permit term?
2541. § 166.209 Must a permit be recorded?
2542. § 166.210 When is a decision by the BIA regarding a permit effective?
2543. § 166.211 When are permits effective?
2544. § 166.212 When may a permittee take possession of permitted Indian land?
2545. § 166.213 Must I comply with any standards of conduct if I am granted a permit?
2546. § 166.214 Will the BIA notify the permittee of any change in land title status?
2547. 208 Obtaining A Permit
2548. § 166.215 How can I find Indian land available for grazing?
2549. § 166.216 Who is responsible for permitting Indian land?
2550. § 166.217 In what manner may a permit on Indian land be granted?
2551. § 166.218 How do I acquire a permit through tribal allocation?
2552. § 166.219 How do I acquire a permit through negotiation?
2553. § 166.220 What are the basic steps for acquiring a permit through negotiation?
2554. § 166.221 How do I acquire an advertised permit through competitive bidding?
2555. § 166.222 Are there standard permit forms?
2556. 209 Permit (Leasehold) Mortgage
2557. § 166.223 Can I use a permit as collateral for a loan?
2558. § 166.224 What factors does the BIA consider when reviewing a leasehold mortgage?
2559. § 166.225 May a permittee voluntarily assign a leasehold interest under an approved encumbrance?
2560. § 166.226 May the holder of a leasehold mortgage assign the leasehold interest after a sale or foreclosure of an approved encumbrance?
2561. 210 Modifying a Permit
2562. § 166.227 How can Indian land be removed from an existing permit?
2563. § 166.228 How will the BIA provide notice if Indian land is removed from an existing permit?
2564. § 166.229 Other than to remove land, how can a permit be amended, assigned, subpermitted, or mortgaged?
2565. § 166.230 When will a BIA decision to approve an amendment, assignment, subpermit, or mortgage under a permit be effective?
2566. § 166.231 Must an amendment, assignment, subpermit, or mortgage approved under a permit be recorded?
2567. Subpart D Land and Operations Management
2568. § 166.300 How is Indian agricultural land managed?
2569. § 166.301 How is Indian land for grazing purposes described?
2570. § 166.302 How is a range unit created?
2571. § 166.303 Can more than one parcel of Indian land be combined into one permit?
2572. § 166.304 Can there be more than one permit for each range unit?
2573. § 166.305 When is grazing capacity determined?
2574. § 166.306 Can the BIA adjust the grazing capacity?
2575. § 166.307 Will the grazing capacity be increased if I graze adjacent trust or non-trust rangelands not covered by the permit?
2576. § 166.308 Can the number of animals and/or season of use be modified on the permitted land if I graze adjacent trust or non-trust rangelands under an on-and-off grazing permit?
2577. § 166.309 Who determines livestock class and livestock ownership requirements on permitted Indian land?
2578. § 166.310 What must a permittee do to protect livestock from exposure to disease?
2579. 211 Management Plans and Environmental Compliance
2580. § 166.311 Is an Indian agricultural resource management plan required?
2581. § 166.312 Is a conservation plan required?
2582. § 166.313 Is environmental compliance required?
2583. 212 Conservation Practices and Improvements
2584. § 166.314 Can a permittee apply a conservation practice on permitted Indian land?
2585. § 166.315 Who is responsible for the completion and maintenance of a conservation practice if the permit expires or is canceled before the completion of the conservation practice?
2586. § 166.316 Can a permittee construct improvements on permitted Indian land?
2587. § 166.317 What happens to improvements constructed on Indian lands when the permit has been terminated?
2588. Subpart E Grazing Rental Rates, Payments, and Late Payment Collections
2589. 213 Rental Rate Determination and Adjustment
2590. § 166.400 Who establishes grazing rental rates?
2591. § 166.401 How does the BIA establish grazing rental rates?
2592. § 166.402 Why must the BIA determine the fair annual rental of Indian land?
2593. § 166.403 Will the BIA ever grant or approve a permit at less than fair annual rental?
2594. § 166.404 Whose grazing rental rate will be applicable for a permit on tribal land?
2595. § 166.405 Whose grazing rental rate will be applicable for a permit on individually-owned Indian land?
2596. § 166.406 Whose grazing rental rate will be applicable for a permit on government land?
2597. § 166.407 If a range unit consists of tribal and individually-owned Indian lands, what is the grazing rental rate?
2598. § 166.408 Is the grazing rental rate established by the BIA adjusted periodically?
2599. 214 Rental Payments
2600. § 166.409 How is my grazing rental payment determined?
2601. § 166.410 When are grazing rental payments due?
2602. § 166.411 Will a permittee be notified when a grazing rental payment is due?
2603. § 166.412 What if the permittee does not receive an invoice that a grazing rental payment is due?
2604. § 166.413 To whom are grazing rental payments made?
2605. § 166.414 What forms of grazing rental payments are acceptable?
2606. § 166.415 What will the BIA do if the permittee fails to make a direct payment to an Indian landowner?
2607. § 166.416 May a permittee make a grazing rental payment in advance of the due date?
2608. § 166.417 May an individual Indian landowner modify the terms of the permit on a fractionated tract for advance grazing rental payment?
2609. § 166.418 When is a grazing rental payment late?
2610. 215 Late Rental Payment Collections
2611. § 166.419 What will the BIA do if grazing rental payments are not made in the time and manner required by the permit?
2612. § 166.420 Will any special fees be assessed on delinquent grazing rental payments due under a permit?
2613. § 166.421 If a permit is canceled for non-payment, does that extinguish the permittee's debt?
2614. 216 Compensation to Indian Landowners
2615. § 166.422 What does the BIA do with grazing rental payments received from permittees?
2616. § 166.423 How do Indian landowners receive grazing rental payments that the BIA has received from permittees?
2617. § 166.424 How will the BIA determine the grazing rental payment amount to be distributed to each Indian landowner?
2618. Subpart F Administrative and Tribal Fees
2619. § 166.500 Are there administrative fees for a permit?
2620. § 166.501 How are annual administrative fees determined?
2621. § 166.502 Are administrative fees refundable?
2622. § 166.503 May the BIA waive administrative fees?
2623. § 166.504 Are there any other administrative or tribal fees, taxes, or assessments that must be paid?
2624. Subpart G Bonding and Insurance Requirements
2625. § 166.600 Must a permittee provide a bond for a permit?
2626. § 166.601 How is the amount of the bond determined?
2627. § 166.602 What form of bonds will the BIA accept?
2628. § 166.603 If cash is submitted as a bond, how is it administered?
2629. § 166.604 Is interest paid on a cash performance bond?
2630. § 166.605 Are cash performance bonds refunded?
2631. § 166.606 What happens to a bond if a violation occurs?
2632. § 166.607 Is insurance required for a permit?
2633. § 166.608 What types of insurance may be required?
2634. Subpart H Permit Violations
2635. § 166.700 What permit violations are addressed by this subpart?
2636. § 166.701 How will the BIA determine whether the activities of a permittee under a permit are in compliance with the terms of the permit?
2637. § 166.702 Can a permit provide for negotiated remedies in the event of a permit violation?
2638. § 166.703 What happens if a permit violation occurs?
2639. § 166.704 What will a written notice of a permit violation contain?
2640. § 166.705 What will the BIA do if a permit violation is not cured within the required time period?
2641. § 166.706 Will the BIA's regulations concerning appeal bonds apply to cancellation decisions involving permits?
2642. § 166.707 When will a cancellation of a permit be effective?
2643. § 166.708 Can the BIA take emergency action if the rangeland is threatened with immediate, significant, and irreparable harm?
2644. § 166.709 What will the BIA do if a permittee holds over after the expiration or cancellation of a permit?
2645. Subpart I Trespass
2646. § 166.800 What is trespass?
2647. § 166.801 What is the BIA's trespass policy?
2648. § 166.802 Who can enforce this subpart?
2649. 217 Notification
2650. § 166.803 How are trespassers notified of a trespass determination?
2651. § 166.804 What can I do if I receive a trespass notice?
2652. § 166.805 How long will a written trespass notice remain in effect?
2653. 218 Actions
2654. § 166.806 What actions does the BIA take against trespassers?
2655. § 166.807 When will we impound unauthorized livestock or other property?
2656. § 166.808 How are trespassers notified if their unauthorized livestock or other property are to be impounded?
2657. § 166.809 What happens after my unauthorized livestock or other property are impounded?
2658. § 166.810 How do I redeem my impounded livestock or other property?
2659. § 166.811 How will the sale of impounded livestock or other property be conducted?
2660. 219 Penalties, Damages, and Costs
2661. § 166.812 What are the penalties, damages, and costs payable by trespassers on Indian agricultural land?
2662. § 166.813 How will the BIA determine the value of forage or crops consumed or destroyed?
2663. § 166.814 How will the BIA determine the value of the products or property illegally used or removed?
2664. § 166.815 How will the BIA determine the amount of damages to Indian agricultural land?
2665. § 166.816 How will the BIA determine the costs associated with enforcement of the trespass?
2666. § 166.817 What happens if I do not pay the assessed penalties, damages and costs?
2667. § 166.818 How are the proceeds from trespass distributed?
2668. § 166.819 What happens if the BIA does not collect enough money to satisfy the penalty?
2669. Subpart J Agriculture Education, Education Assistance, Recruitment, and Training
2670. § 166.900 How are the Indian agriculture education programs operated?
2671. § 166.901 How will the BIA select an agriculture intern?
2672. § 166.902 How can I become an agriculture educational employment student?
2673. § 166.903 How can I get an agriculture scholarship?
2674. § 166.904 What is agriculture education outreach?
2675. § 166.905 Who can get assistance for postgraduate studies?
2676. § 166.906 What can happen if we recruit you after graduation?
2677. § 166.907 Who can be an intern?
2678. § 166.908 Who can participate in continuing education and training?
2679. § 166.909 What are my obligations to the BIA after I participate in an agriculture education program?
2680. § 166.910 What happens if I do not fulfill my obligation to the BIA?
2681. Subpart K Records
2682. § 166.1000 Who owns the records associated with this part?
2683. § 166.1001 How must a records associated with this part be preserved?
2684. PART 167 NAVAJO GRAZING REGULATIONS
2685. § 167.1 Authority.
2686. § 167.2 General regulations.
2687. § 167.3 Objectives.
2688. § 167.4 Regulations; scope; exceptions.
2689. § 167.5 Land management districts.
2690. § 167.6 Carrying capacities.
2691. § 167.7 Records.
2692. § 167.8 Grazing rights.
2693. § 167.9 Grazing permits.
2694. § 167.10 Special grazing permits.
2695. § 167.11 Tenure of grazing permits.
2696. § 167.12 Grazing fees.
2697. § 167.13 Trespass.
2698. § 167.14 Movement of livestock.
2699. § 167.15 Control of livestock disease and introduction of livestock.
2700. § 167.16 Fences.
2701. § 167.17 Construction near permanent livestock water developments.
2702. PART 168 GRAZING REGULATIONS FOR THE HOPI PARTITIONED LANDS AREA
2703. § 168.1 Definitions.
2704. § 168.2 Authority.
2705. § 168.3 Purpose.
2706. § 168.4 Establishment of range units.
2707. § 168.5 Grazing capacity.
2708. § 168.6 Grazing on range units authorized by permit.
2709. § 168.7 Kind of livestock.
2710. § 168.8 Grazing fees.
2711. § 168.9 Assignment, modification and cancellation of permits.
2712. § 168.10 Conservation and land use provisions.
2713. § 168.11 Range improvements; ownership; new construction.
2714. § 168.12 Special permit requirements and provisions.
2715. § 168.13 Fences.
2716. § 168.14 Livestock trespass.
2717. § 168.15 Control of livestock diseases and parasites.
2718. § 168.16 Impoundment and disposal of unauthorized livestock.
2719. § 168.17 Concurrence procedures.
2720. § 168.18 Appeals.
2721. § 168.19 Information collection.
2722. PART 169 RIGHTS-OF-WAY OVER INDIAN LAND
2723. Subpart A Purpose, Definitions, General Provisions
2724. § 169.1 What is the purpose of this part?
2725. § 169.2 What terms do I need to know?
2726. § 169.3 To what land does this part apply?
2727. § 169.4 When do I need a right-of-way to authorize possession over or across Indian land?
2728. § 169.5 What types of rights-of-way does this part cover?
2729. § 169.6 What statutory authority will BIA use to act on requests for rights-of-way under this part?
2730. § 169.7 Does this part apply to right-of-way grants submitted for approval before December 21, 2015?
2731. § 169.8 May tribes administer this part on BIA's behalf?
2732. § 169.9 What laws apply to rights-of-way approved under this part?
2733. § 169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?
2734. § 169.11 What taxes apply to rights-of-way approved under this part?
2735. § 169.12 How does BIA provide notice to the parties to a right-of-way?
2736. § 169.13 May decisions under this part be appealed?
2737. § 169.14 How does the Paperwork Reduction Act affect this part?
2738. Subpart B Service Line Agreements
2739. § 169.51 Is a right-of-way required for service lines?
2740. § 169.52 What is a service line agreement?
2741. § 169.53 What should a service line agreement address?
2742. § 169.54 What are the consent requirements for service line agreements?
2743. § 169.55 Is a valuation required for service line agreements?
2744. § 169.56 Must I file service line agreements with the BIA?
2745. Subpart C Obtaining a Right-of-Way
2746. 228 Application
2747. § 169.101 How do I obtain a right-of-way across tribal or individually owned Indian land or BIA land?
2748. § 169.102 What must an application for a right-of-way include?
2749. § 169.103 What bonds, insurance, or other security must accompany the application?
2750. § 169.104 What is the release process for a bond or alternative form of security?
2751. § 169.105 What requirements for due diligence must a right-of-way grant include?
2752. 229 Consent Requirements
2753. § 169.106 How does an applicant identify and contact individual Indian landowners to negotiate a right-of-way?
2754. § 169.107 Must I obtain tribal or individual Indian landowner consent for a right-of-way across Indian land?
2755. § 169.108 Who is authorized to consent to a right-of-way?
2756. § 169.109 Whose consent do I need for a right-of-way when there is a life estate on the tract?
2757. 230 Compensation Requirements
2758. § 169.110 How much monetary compensation must be paid for a right-of-way over or across tribal land?
2759. § 169.111 Must a right-of-way grant for tribal land provide for compensation reviews or adjustments?
2760. § 169.112 How much monetary compensation must be paid for a right-of-way over or across individually owned Indian land?
2761. § 169.113 Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?
2762. § 169.114 How will BIA determine fair market value for a right-of-way?
2763. § 169.115 When are monetary compensation payments due under a right-of-way?
2764. § 169.116 Must a right-of-way specify who receives monetary compensation payments?
2765. § 169.117 What form of monetary compensation is acceptable under a right-of-way?
2766. § 169.118 May the right-of-way provide for non-monetary or varying types of compensation?
2767. § 169.119 Will BIA notify a grantee when a payment is due for a right-of-way?
2768. § 169.120 What other types of payments are required for a right-of-way?
2769. § 169.121 How will compensation be distributed among the life tenants and owners of the remainder interests?
2770. § 169.122 Who does the grantee pay if there is a life estate on the tract?
2771. 231 Grants of Rights-of-Way
2772. § 169.123 What is the process for BIA to grant a right-of-way?
2773. § 169.124 How will BIA determine whether to grant a right-of-way?
2774. § 169.125 What will the grant of right-of-way contain?
2775. § 169.126 May a right-of-way contain a preference consistent with tribal law for employment of tribal members?
2776. § 169.127 Is a new right-of-way grant required for a new use within or overlapping an existing right-of-way?
2777. § 169.128 When will BIA grant a right-of-way for a new use within or overlapping an existing right-of-way?
2778. § 169.129 What is required if the location described in the original application and grant differs from the construction location?
2779. § 169.130 Must a right-of-way grant address ownership of permanent improvements?
2780. Subpart D Duration, Renewals, Amendments, Assignments, Mortgages
2781. 232 Duration & Renewals
2782. § 169.201 How long may the duration of a right-of-way grant be?
2783. § 169.202 Under what circumstances will a grant of right-of-way be renewed?
2784. § 169.203 May a right-of-way be renewed multiple times?
2785. 233 Amendments
2786. § 169.204 May a grantee amend a right-of-way?
2787. § 169.205 What is the approval process for an amendment of a right-of-way?
2788. § 169.206 How will BIA decide whether to approve an amendment of a right-of-way?
2789. 234 Assignments
2790. § 169.207 May a grantee assign a right-of-way?
2791. § 169.208 What is the approval process for an assignment of a right-of-way?
2792. § 169.209 How will BIA decide whether to approve an assignment of a right-of-way?
2793. 235 Mortgages
2794. § 169.210 May a grantee mortgage a right-of-way?
2795. § 169.211 What is the approval process for a mortgage of a right-of-way?
2796. § 169.212 How will BIA decide whether to approve a mortgage of a right-of-way?
2797. Subpart E Effectiveness
2798. § 169.301 When will a right-of-way document be effective?
2799. § 169.302 Must a right-of-way be recorded?
2800. § 169.303 What happens if BIA denies a right-of-way document?
2801. § 169.304 What happens if BIA does not meet a deadline for issuing a decision on a right-of-way document?
2802. § 169.305 Will BIA require an appeal bond for an appeal of a decision on a right-of-way document?
2803. Subpart F Compliance and Enforcement
2804. § 169.401 What is the purpose and scope of this subpart?
2805. § 169.402 Who may investigate compliance with a right-of-way?
2806. § 169.403 May a right-of-way provide for negotiated remedies?
2807. § 169.404 What will BIA do about a violation of a right-of-way grant?
2808. § 169.405 What will BIA do if the grantee does not cure a violation of a right-of-way grant on time?
2809. § 169.406 Will late payment charges, penalties, or special fees apply to delinquent payments due under a right-of-way grant?
2810. § 169.407 How will payment rights relating to a right-of-way grant be allocated?
2811. § 169.408 What is the process for cancelling a right-of-way for non-use or abandonment?
2812. § 169.409 When will a cancellation of a right-of-way grant be effective?
2813. § 169.410 What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?
2814. § 169.411 Will BIA appeal bond regulations apply to cancellation decisions involving right-of-way grants?
2815. § 169.412 When will BIA issue a decision on an appeal from a right-of-way decision?
2816. § 169.413 What if an individual or entity takes possession of or uses Indian land or BIA land without a right-of-way or other proper authorization?
2817. § 169.414 May BIA take emergency action if Indian land is threatened?
2818. § 169.415 How will BIA conduct compliance and enforcement when there is a life estate on the tract?
2819. PART 170 TRIBAL TRANSPORTATION PROGRAM
2820. Subpart A Policies, Applicability, and Definitions
2821. § 170.1 What does this part do?
2822. § 170.2 What policies govern the TTP?
2823. § 170.3 When do other requirements apply to the TTP?
2824. § 170.4 How does this part affect existing Tribal rights?
2825. § 170.5 What definitions apply to this part?
2826. § 170.6 Acronyms.
2827. § 170.7 Information collection.
2828. Subpart B Tribal Transportation Program Policy and Eligibility
2829. 267 Consultation, Collaboration, Coordination
2830. § 170.100 What do the terms “consultation,” “collaboration,” and “coordination” mean?
2831. § 170.101 What is the TTP consultation and coordination policy?
2832. § 170.102 What goals and principles guide program implementation?
2833. § 170.103 Is consultation with Tribal governments required before obligating TTP funds for direct service activities?
2834. § 170.104 Are funds available for consultation, collaboration, and coordination activities?
2835. § 170.105 When must State governments consult with Tribes?
2836. § 170.106 Should planning organizations and local governments consult with Tribes when planning for transportation projects?
2837. § 170.107 Should Tribes and BIA consult with planning organizations and local governments in developing projects?
2838. § 170.108 How do the Secretaries prevent discrimination or adverse impacts?
2839. § 170.109 How can State and local governments prevent discrimination or adverse impacts?
2840. § 170.110 What if discrimination or adverse impacts occur?
2841. 268 Eligible Uses of TTP Funds
2842. § 170.111 What activities may be carried out using TTP funds?
2843. § 170.112 What activities are not eligible for TTP funding?
2844. § 170.113 How can a Tribe determine whether a new use of funds is allowable?
2845. 269 Use of TTP and Cultural Site or Area Entry Roads
2846. § 170.114 What restrictions apply to the use of a Tribal transportation facility?
2847. § 170.115 What is a cultural site or area entry road?
2848. § 170.116 Can a Tribe close a cultural site or area entry road?
2849. 270 Seasonal Transportation Routes
2850. § 170.117 Can TTP funds be used on seasonal transportation routes?
2851. 271 TTP Housing Site or Area Entry Roads
2852. § 170.118 What terms apply to TTP housing site or area entry roads?
2853. § 170.119 Are housing site or area entry roads and housing streets eligible for TTP funding?
2854. 272 Toll, Ferry, and Airport Facilities
2855. § 170.120 How can Tribes use Federal highway funds for toll and ferry facilities?
2856. § 170.121 Where is information about designing and operating a toll facility available?
2857. § 170.122 When can a Tribe use TTP funds for airport facilities?
2858. 273 Recreation, Tourism, and Trails
2859. § 170.123 Can a Tribe use Federal funds for its recreation, tourism, and trails program?
2860. § 170.124 How can a Tribe obtain funds?
2861. § 170.125 What types of activities can a recreation, tourism, and trails program include?
2862. § 170.126 Can roads be built in roadless and wild areas?
2863. 274 TTP Safety
2864. § 170.127 What are the TTP Safety Funds?
2865. § 170.128 What activities are eligible for TTP-S funds?
2866. § 170.129 How will Tribes receive TTP-S funds?
2867. § 170.130 How can Tribes obtain non-TTP funds for highway safety projects?
2868. 275 Transit Facilities
2869. § 170.131 How do Tribes identify transit needs?
2870. § 170.132 What Federal funds are available for a Tribe's transit program?
2871. § 170.133 May a Tribe or BIA use TTP funds as matching funds?
2872. § 170.134 What transit facilities and activities are eligible for TTP funding?
2873. 276 TTP Coordinating Committee
2874. § 170.135 What is the TTP Coordinating Committee?
2875. § 170.136 What are the TTP Coordinating Committee's responsibilities?
2876. § 170.137 How does the TTP Coordinating Committee conduct business?
2877. 277 Tribal Technical Assistance Centers
2878. § 170.138 What are Tribal Technical Assistance Centers?
2879. Appendix A to Subpart B of Part 170 Allowable Uses of TTP funds
2880. Appendix B to Subpart B of Part 170 Sources of Tribal Transportation Training and Education Opportunities
2881. Subpart C Tribal Transportation Program Funding
2882. § 170.200 How do BIA and FHWA determine the TTP funding amount?
2883. § 170.201 What is the statutory distribution formula for Tribal shares?
2884. § 170.202 How do BIA and FHWA determine and distribute the Tribal supplemental program funds?
2885. § 170.203 How are Tribal transportation planning funds provided to Tribes?
2886. § 170.204 What restrictions apply to TTP funds provided to Tribes?
2887. § 170.205 What is the timeframe for distributing TTP funds?
2888. 278 Formula Data Appeals
2889. § 170.226 How can a Tribe appeal its share calculation?
2890. 279 Flexible Financing
2891. § 170.227 Can Tribes use flexible financing for TTP projects?
2892. § 170.228 Can a Tribe use TTP funds to leverage other funds or to pay back loans?
2893. § 170.229 Can a Tribe apply for loans or credit from a State infrastructure bank?
2894. § 170.230 How long must a project financed through flexible financing remain on a TTPTIP?
2895. 280 TTP Data Reporting
2896. § 170.240 What TTP project and activity data must be submitted annually to the Secretaries?
2897. Subpart D Planning, Design, and Construction of Tribal Transportation Program Facilities
2898. 281 Transportation Planning
2899. § 170.400 What is the purpose of transportation planning?
2900. § 170.401 What are BIA's and FHWA's roles in transportation planning?
2901. § 170.402 What is the Tribal role in transportation planning?
2902. § 170.403 What TTP funds can be used for transportation planning?
2903. § 170.404 Can Tribes use transportation planning funds for other activities?
2904. § 170.405 How must Tribes use planning funds?
2905. §§ 170.406-170.408 [Reserved]
2906. § 170.409 What is the purpose of long-range transportation planning?
2907. § 170.410 How does a long-range transportation plan relate to the NTTFI?
2908. § 170.411 What should a long-range transportation plan include?
2909. § 170.412 How is the Tribal TTP long-range transportation plan developed and approved?
2910. § 170.413 What is the public's role in developing the long-range transportation plan?
2911. § 170.414 How is the Tribal long-range transportation plan used and updated?
2912. § 170.415 What are pre-project planning and project identification studies?
2913. § 170.420 What is the Tribal priority list?
2914. 282 Tribal Transportation Improvement Programs
2915. § 170.421 What is the Tribal Transportation Improvement Program (TTIP)?
2916. § 170.422 How does the public participate in developing the TTIP?
2917. § 170.423 How are annual updates or amendments to the TTIP conducted?
2918. § 170.424 What is the TTP Transportation Improvement Program (TTPTIP)?
2919. 283 Public Hearings
2920. § 170.435 When is a public hearing required?
2921. § 170.436 How are public hearings for TTP planning and projects funded?
2922. § 170.437 If there is no hearing, how must BIA, FHWA, or a Tribe inform the public?
2923. § 170.438 How must BIA, FHWA, or a Tribe inform the public of when a hearing is held?
2924. § 170.439 How is a public hearing conducted?
2925. § 170.440 How can the public learn the results of a public hearing?
2926. § 170.441 Can a decision resulting from a hearing be appealed?
2927. 284 National Tribal Transportation Facility Inventory
2928. § 170.442 What is the National Tribal Transportation Facility Inventory?
2929. § 170.443 What is required to successfully include a proposed transportation facility in the NTTFI?
2930. § 170.444 How is the NTTFI updated?
2931. § 170.445 [Reserved]
2932. § 170.446 What minimum attachments are required for an NTTFI submission?
2933. § 170.447 How are the allowable lengths of access roads in the NTTFI determined?
2934. 285 Environmental and Archeological Requirements
2935. § 170.450 What archeological and environmental requirements must the TTP meet?
2936. § 170.451 Can TTP funds be used for archeological and environmental compliance?
2937. § 170.452 When can TTP funds be used for archeological and environmental activities?
2938. § 170.453 Do the Categorical Exclusions under the National Environmental Policy Act (NEPA) and the regulations at 23 CFR 771 apply to TTP activities?
2939. 286 Design
2940. § 170.454 What design standards are used in the TTP?
2941. § 170.455 What other factors must influence project design?
2942. § 170.456 How can a Tribe request an exception from the design standards?
2943. § 170.457 Can a Tribe appeal a denial?
2944. 287 Review and Approval of Plans, Specifications and Estimates
2945. § 170.460 What must a project package include?
2946. § 170.461 May a Tribe approve plans, specifications, and estimates?
2947. § 170.463 What if a design deficiency is identified?
2948. 288 Construction and Construction Monitoring
2949. § 170.470 Which construction standards must Tribes use?
2950. § 170.471 How are projects administered?
2951. § 170.472 What construction records must Tribes and BIA keep?
2952. § 170.473 When is a project complete?
2953. § 170.474 Who conducts the project closeout?
2954. 289 Management Systems
2955. § 170.502 Are nationwide management systems required for the TTP?
2956. 290 Tribal Transportation Facility Bridges
2957. § 170.510 What funds are available for Tribal Transportation Facility Bridge activities?
2958. § 170.511 What activities are eligible for Tribal Transportation Facility Bridge funds?
2959. § 170.512 How will Tribal Transportation Facility Bridge funds be made available to the Tribes?
2960. § 170.513 When and how are bridge inspections performed?
2961. § 170.514 Who reviews bridge inspection reports?
2962. Appendix A to Subpart D of Part 170 Cultural Resource and Environmental Requirements for the TTP
2963. Appendix B to Subpart D of Part 170 Design Standards for the TTP
2964. Subpart E Service Delivery for Tribal Transportation Program
2965. 291 Funding Process
2966. § 170.600 What must BIA include in the notice of funds availability?
2967. § 170.602 If a Tribe incurs unforeseen construction costs, can it get additional funds?
2968. 292 Miscellaneous Provisions
2969. § 170.605 May BIA or FHWA use force-account methods in the TTP?
2970. § 170.606 How do legislation and procurement requirements affect the TTP?
2971. § 170.607 Can a Tribe use its allocation of TTP funds for contract support costs?
2972. § 170.608 Can a Tribe pay contract support costs from DOI or BIA appropriations?
2973. § 170.609 Can a Tribe receive additional TTP funds for start-up activities?
2974. 293 Contracts and Agreements
2975. § 170.610 Which TTP functions may a Tribe assume?
2976. § 170.611 What special provisions apply to ISDEAA contracts and agreements?
2977. § 170.612 Can non-contractible functions and activities be included in contracts or agreements?
2978. § 170.613 What funds are used to pay for non-contractible functions and activities?
2979. § 170.614 Can a Tribe receive funds before BIA publishes the final notice of funding availability?
2980. § 170.615 Can a Tribe receive advance payments for non-construction activities under the TTP?
2981. § 170.616 How are payments made to Tribes if additional funds are available?
2982. § 170.617 May a Tribe include a contingency in its proposal budget?
2983. § 170.618 Can a Tribe keep savings resulting from project administration?
2984. § 170.619 Do Tribal preference and Indian preference apply to TTP funding?
2985. § 170.620 How do ISDEAA's Indian preference provisions apply?
2986. § 170.621 What if a Tribe doesn't perform work under a contract or agreement?
2987. § 170.622 What TTP functions, services, and activities are subject to the self-governance construction regulations?
2988. § 170.623 How are TTP projects and activities included in a self-governance agreement?
2989. § 170.624 Is technical assistance available?
2990. § 170.625 What regulations apply to waivers?
2991. § 170.626 How does a Tribe request a waiver of a Department of Transportation regulation?
2992. § 170.627 Can non-TTP funds be provided to a Tribe through an FHWA Program Agreement, BIA TTP Agreement or other appropriate agreement?
2993. Appendix to Subpart E of Part 170 List of Program Functions That Cannot Be Subcontracted
2994. Subpart F Program Oversight and Accountability
2995. § 170.700 What is the TTP national business plan?
2996. § 170.701 May a direct service Tribe and BIA Region sign a Memorandum of Understanding?
2997. § 170.702 What activities may the Secretaries review and monitor?
2998. § 170.703 What program reviews do the Secretaries conduct?
2999. § 170.704 What happens when the review process identifies areas for improvement?
3000. Subpart G Maintenance
3001. § 170.800 What funds are available for maintenance activities?
3002. § 170.801 Can TTP funds designated on an FHWA-approved TTIP for maintenance be used to improve TTP transportation facilities?
3003. § 170.802 Can a Tribe perform road maintenance?
3004. § 170.803 To what standards must a Tribal transportation facility be maintained?
3005. § 170.804 Who should be contacted if a Tribal transportation facility is not being maintained to TTP standards due to insufficient funding?
3006. § 170.805 What maintenance activities are eligible for TTP funding?
3007. Appendix to Subpart G of Part 170 List of Eligible Maintenance Activities Under the Tribal Transportation Programf
3008. Subpart H Miscellaneous Provisions
3009. 294 Reporting Requirements and Indian Preference
3010. § 170.910 What information on the TTP or projects must BIA or FHWA provide?
3011. § 170.911 Are Indians entitled to employment and training preferences?
3012. § 170.912 Does Indian employment preference apply to Federal-aid Highway Projects?
3013. § 170.913 Do Tribal-specific employment rights and contract preference laws apply?
3014. § 170.914 What is the difference between Tribal preference and Indian preference?
3015. § 170.915 May Tribal employment taxes or fees be included in a TTP project budget?
3016. § 170.916 May Tribes impose taxes or fees on those performing TTP services?
3017. § 170.917 Can Tribes receive direct payment of Tribal employment taxes or fees?
3018. § 170.918 What applies to the Secretaries' collection of data under the TTP?
3019. 295 Tribal Transportation Departments
3020. § 170.930 What is a Tribal transportation department?
3021. § 170.931 Can Tribes use TTP funds to pay Tribal transportation department operating costs?
3022. § 170.932 Are there other funding sources for Tribal transportation departments?
3023. § 170.933 Can Tribes regulate oversize or overweight vehicles?
3024. 296 Resolving Disputes
3025. § 170.934 Are alternative dispute resolution procedures available?
3026. § 170.935 How does a direct service Tribe begin the alternative dispute resolution process?
3027. 297 Other Miscellaneous Provisions
3028. § 170.941 May Tribes become involved in transportation research?
3029. § 170.942 Can a Tribe use Federal funds for transportation services for quality-of-life programs?
3030. PART 171 IRRIGATION OPERATION AND MAINTENANCE
3031. Subpart A General Provisions
3032. § 171.100 What are some of the terms I should know for this part?
3033. § 171.105 Does this part apply to me?
3034. § 171.110 How does BIA administer its irrigation facilities?
3035. § 171.115 Can I and other irrigators establish representative organizations?
3036. § 171.120 What are the authorities and responsibilities of a representative organization?
3037. § 171.125 Can I appeal BIA decisions?
3038. § 171.130 Who can I contact if I have any questions about these regulations or my irrigation service?
3039. § 171.135 Where do I submit written information or requests?
3040. § 171.140 Information collection.
3041. Subpart B Irrigation Service
3042. § 171.200 How do I request irrigation service from the BIA?
3043. § 171.205 How much water will I receive?
3044. § 171.210 Where will BIA provide my irrigation service?
3045. § 171.215 What if the elevation of my farm unit is too high to receive irrigation water?
3046. § 171.220 What must I do to my farm unit to receive irrigation service?
3047. § 171.225 What must I do to receive irrigation service to my subdivided farm unit?
3048. § 171.230 What are my responsibilities for wastewater?
3049. Subpart C Water Use
3050. § 171.300 Does BIA restrict my water use?
3051. § 171.305 Will BIA provide leaching service to me?
3052. § 171.310 Can I use water delivered by BIA for livestock purposes?
3053. Subpart D Irrigation Facilities
3054. § 171.400 Who is responsible for structures on a BIA irrigation project?
3055. § 171.405 Can I build my own structure or take over responsibility of a BIA structure?
3056. § 171.410 Can I install a fence on a BIA irrigation project?
3057. § 171.415 Can I place an obstruction on a BIA irrigation project?
3058. § 171.420 Can I dispose of sewage, trash, or other refuse on a BIA irrigation project?
3059. Subpart E Financial Matters: Assessments, Billing, and Collections
3060. § 171.500 How does BIA determine the annual operation and maintenance assessment rate for the irrigation facility servicing my farm unit?
3061. § 171.505 How does BIA calculate my annual operation and maintenance assessment?
3062. § 171.510 How does BIA calculate my annual operation and maintenance assessment if supplemental water is available on the irrigation facility servicing my farm unit?
3063. § 171.515 Who will BIA bill?
3064. § 171.520 How will I receive my bill and when do I pay it?
3065. § 171.525 How do I pay my bill?
3066. § 171.530 What information must I provide BIA for billing purposes?
3067. § 171.535 Why is BIA collecting this information from me?
3068. § 171.540 What can happen if I do not provide this information?
3069. § 171.545 What can happen if I don't pay my bill on time?
3070. § 171.550 Can I arrange a Payment Plan if I cannot pay the full amount due?
3071. § 171.555 What additional costs will I incur if I am granted a Payment Plan?
3072. § 171.560 What if I fail to make payments as specified in my Payment Plan?
3073. § 171.565 How will I know if BIA plans to adjust my annual operation and maintenance assessment rate?
3074. § 171.570 What is the Federal Register and where can I get it?
3075. § 171.575 Can BIA charge me a special assessment?
3076. Subpart F Records, Agreements, and Other Matters
3077. § 171.600 What information is collected and retained on the irrigation service I receive?
3078. § 171.605 Can I establish a Carriage Agreement with BIA?
3079. § 171.610 Can I arrange an Incentive Agreement if I want to farm idle lands?
3080. § 171.615 Can I request improvements to BIA facilities as part of my Incentive Agreement?
3081. Subpart G Non-Assessment Status
3082. § 171.700 When do I not have to pay my annual operation and maintenance assessment?
3083. § 171.705 What criteria must be met for my land to be granted an Annual Assessment Waiver?
3084. § 171.710 Can I receive irrigation water if I am granted an Annual Assessment Waiver?
3085. § 171.715 How do I obtain an Annual Assessment Waiver?
3086. § 171.720 For what period does an Annual Assessment Waiver apply?
3087. PART 172 PUEBLO INDIAN LANDS BENEFITED BY IRRIGATION AND DRAINAGE WORKS OF MIDDLE RIO GRANDE CONSERVANCY DISTRICT, NEW MEXICO
3088. § 172.1 Acreage designated.
3089. PART 173 CONCESSIONS, PERMITS AND LEASES ON LANDS WITHDRAWN OR ACQUIRED IN CONNECTION WITH INDIAN IRRIGATION PROJECTS
3090. § 173.0 Scope.
3091. § 173.1 Terms used.
3092. § 173.2 Project engineer's authority.
3093. § 173.3 Enforcement.
3094. § 173.4 Permits subject to existing and future rights-of-way.
3095. § 173.5 Plans, approval thereof.
3096. § 173.6 Stock grazing.
3097. § 173.7 Permits, transferable.
3098. § 173.8 Applications.
3099. § 173.9 Bonds.
3100. § 173.10 Payments.
3101. § 173.11 Supervision of permittees' rates.
3102. § 173.12 Services from project.
3103. § 173.13 Permit not a lease.
3104. § 173.14 Further requirements authorized.
3105. § 173.15 Permittee subject to State law.
3106. § 173.16 Reserved area, Coolidge Dam.
3107. § 173.17 Agricultural and grazing permits and leases.
3108. § 173.18 Term and renewal of permits.
3109. § 173.19 Improvements.
3110. § 173.20 Revocation of permits.
3111. § 173.21 Notice to vacate.
3112. § 173.22 Disposition of revenue.
3113. § 173.23 Organized tribes.
3114. PART 175 ELECTRIC POWER UTILITIES
3115. Subpart A General Provisions
3116. § 175.100 What terms I should know for this part?
3117. § 175.105 What is the purpose of this part?
3118. § 175.110 Does this part apply to me?
3119. § 175.115 How does BIA administer its electric power utilities?
3120. § 175.120 What are Operations Manuals?
3121. § 175.125 How do I request and receive service?
3122. § 175.130 What information must I provide when I request service?
3123. § 175.135 Why is BIA collecting this information?
3124. § 175.140 What is BIA's authority to collect my tax payer identification number?
3125. § 175.145 Can I appeal a BIA decision?
3126. Subpart B Service Fees, Electric Power Rates, and Revenues
3127. § 175.200 Why does BIA collect revenue from you and the other customers it serves, and how is that revenue used?
3128. § 175.205 When are BIA rates and fees reviewed?
3129. § 175.210 What is BIA's procedure for adjusting service fees?
3130. § 175.215 What is BIA's procedure for adjusting electric power rates?
3131. § 175.220 How long do rate and fee adjustments stay in effect?
3132. § 175.225 What is the Federal Register, and where can I get it?
3133. § 175.230 Why are changes to purchased power costs not included in the procedure for adjusting electric power rates?
3134. § 175.235 How does BIA include changes in purchased power costs in electric power rates?
3135. Subpart C Billing, Payments, and Collections
3136. § 175.300 How does BIA calculate my electric power bill?
3137. § 175.305 When is my bill due?
3138. § 175.310 How do I pay my bill?
3139. § 175.315 What will happen if I do not pay my bill?
3140. § 175.320 What will happen if my service is disconnected and my account remains delinquent?
3141. Subpart D System Extensions and Upgrades, Rights-of-Way, and Paperwork Reduction Act
3142. § 175.400 Will the utility extend or upgrade its electric system to serve new or increased loads?
3143. § 175.500 How does BIA manage rights-of-way?
3144. § 175.600 How does the Paperwork Reduction Act affect this part?
3145. PART 179 LIFE ESTATES AND FUTURE INTERESTS
3146. Subpart A General
3147. § 179.1 What is the purpose of this part?
3148. § 179.2 What definitions do I need to know?
3149. § 179.3 What law applies to life estates?
3150. § 179.4 When does a life estate terminate?
3151. § 179.5 What documents will BIA use to record termination of a life estate?
3152. Subpart B Life Estates Not Created Under AIPRA
3153. § 179.101 How does the Secretary distribute principal and income to the holder of a life estate?
3154. § 179.102 How does the Secretary calculate the value of a remainder and a life estate?
3155. Subpart C Life Estates Created Under AIPRA
3156. § 179.201 How does the Secretary distribute principal and income to the holder of a life estate without regard to waste?
3157. § 179.202 May the holder of a life estate without regard to waste deplete the resources?
3158. PART 181 INDIAN HIGHWAY SAFETY PROGRAM
3159. § 181.1 Purpose.
3160. § 181.2 Definitions.
3161. § 181.3 Am I eligible to receive a program grant?
3162. § 181.4 How do I obtain an application?
3163. § 181.5 How are applications ranked?
3164. § 181.6 How are applicants informed of the results?
3165. § 181.7 Appeals.
3166. PART 183 USE AND DISTRIBUTION OF THE SAN CARLOS APACHE TRIBE DEVELOPMENT TRUST FUND AND SAN CARLOS APACHE TRIBE LEASE FUND
3167. Subpart A Introduction
3168. § 183.1 What is the purpose of this part?
3169. § 183.2 What terms do I need to know?
3170. § 183.3 Does the American Indian Trust Fund Management Reform Act of 1994 apply to this part?
3171. Subpart B Trust Fund Disposition
3172. 304 Use of Principal and Income
3173. § 183.4 How can the Tribe use the principal and income from the Trust Fund?
3174. 305 Clearance Requirements
3175. § 183.5 What documents must the Tribe submit to request money from the Trust Fund?
3176. § 183.6 How long will it take to get a decision?
3177. § 183.7 What would cause the Secretary to disapprove a request?
3178. 306 Limitations
3179. § 183.8 How can the Tribe spend funds?
3180. Subpart C Lease Fund Disposition
3181. 307 Use of Principal and Income
3182. § 183.9 Can the Tribe request the principal of the Lease Fund?
3183. § 183.10 How can the Tribe use income from the Lease Fund?
3184. 308 Clearance Requirements
3185. § 183.11 What documents must the Tribe submit to request money from the Lease Fund?
3186. § 183.12 How long will it take to receive a decision?
3187. § 183.13 What would cause the Secretary to disapprove a request?
3188. 309 Limitations
3189. § 183.14 What limits are there on how the Tribe can spend funds?
3190. Subpart D Reports
3191. § 183.15 Must the Tribe submit any reports?
3192. § 183.16 What information must be included in the Tribe's annual report?
3193. Subpart E Liability
3194. § 183.17 If expenditures under this part lead to a claim or cause of action, who is liable?
3195. § 183.18 Information collection requirements
3196. SUBCHAPTER I ENERGY AND MINERALS
3197. PART 200 TERMS AND CONDITIONS: COAL LEASES
3198. §§ 200.1-200.10 [Reserved]
3199. § 200.11 Incorporation of coal lease terms and conditions.
3200. § 200.12 Contract term incorporation.
3201. PART 211 LEASING OF TRIBAL LANDS FOR MINERAL DEVELOPMENT
3202. Subpart A General
3203. § 211.1 Purpose and scope.
3204. § 211.2 Information collection.
3205. § 211.3 Definitions.
3206. § 211.4 Authority and responsibility of the Bureau of Land Management (BLM).
3207. § 211.5 Authority and responsibility of the Office of Surface Mining Reclamation and Enforcement (OSM).
3208. § 211.6 Authority and responsibility of the Minerals Management Service (MMS).
3209. § 211.7 Environmental studies.
3210. § 211.8 Government employees cannot acquire leases.
3211. § 211.9 Existing permits or leases for minerals issued pursuant to 43 CFR chapter II and acquired for Indian tribes.
3212. Subpart B How To Acquire Leases
3213. § 211.20 Leasing procedures.
3214. § 211.21 [Reserved]
3215. § 211.22 Leases for subsurface storage of oil or gas.
3216. § 211.23 Corporate qualifications and requests for information.
3217. § 211.24 Bonds.
3218. § 211.25 Acreage limitation.
3219. § 211.26 [Reserved]
3220. § 211.27 Duration of leases.
3221. § 211.28 Unitization and communitization agreements, and well spacing.
3222. § 211.29 Exemption of leases and permits made by organized tribes.
3223. Subpart C Rents, Royalties, Cancellations and Appeals
3224. § 211.40 Manner of payments.
3225. § 211.41 Rentals and production royalty on oil and gas leases.
3226. § 211.42 Annual rentals and expenditures for development on leases other than oil and gas, and geothermal resources.
3227. § 211.43 Royalty rates for minerals other than oil and gas.
3228. § 211.44 Suspension of operations.
3229. § 211.45 [Reserved]
3230. § 211.46 Inspection of premises, books and accounts.
3231. § 211.47 Diligence, drainage and prevention of waste.
3232. § 211.48 Permission to start operations.
3233. § 211.49 Restrictions on operations.
3234. § 211.50 [Reserved]
3235. § 211.51 Surrender of leases.
3236. § 211.52 Fees.
3237. § 211.53 Assignments, overriding royalties, and operating agreements.
3238. § 211.54 Lease or permit cancellation; Bureau of Indian Affairs notice of noncompliance.
3239. § 211.55 Penalties.
3240. § 211.56 Geological and geophysical permits.
3241. § 211.57 Forms.
3242. § 211.58 Appeals.
3243. PART 212 LEASING OF ALLOTTED LANDS FOR MINERAL DEVELOPMENT
3244. Subpart A General
3245. § 212.1 Purpose and scope.
3246. § 212.2 Information collection.
3247. § 212.3 Definitions.
3248. § 212.4 Authority and responsibility of the Bureau of Land Management (BLM).
3249. § 212.5 Authority and responsibility of the Office of Surface Mining Reclamation and Enforcement (OSM).
3250. § 212.6 Authority and responsibility of the Minerals Management Service (MMS).
3251. § 212.7 Environmental studies.
3252. § 212.8 Government employees cannot acquire leases.
3253. Subpart B How To Acquire Leases
3254. § 212.20 Leasing procedures.
3255. § 212.21 Execution of leases.
3256. § 212.22 Leases for subsurface storage of oil or gas.
3257. § 212.23 Corporate qualifications and requests for information.
3258. § 212.24 Bonds.
3259. § 212.25 Acreage limitation.
3260. § 212.26 [Reserved]
3261. § 212.27 Duration of leases.
3262. § 212.28 Unitization and communitization agreements, and well spacing.
3263. § 212.29 [Reserved]
3264. § 212.30 Removal of restrictions.
3265. §§ 212.31-212.32 [Reserved]
3266. § 212.33 Terms applying after relinquishment.
3267. § 212.34 Individual tribal assignments excluded.
3268. Subpart C Rents, Royalties, Cancellations, and Appeals
3269. § 212.40 Manner of payments.
3270. § 212.41 Rentals and production royalty on oil and gas leases.
3271. § 212.42 Annual rentals and expenditures for development on leases other than oil and gas, and geothermal resources.
3272. § 212.43 Royalty rates for minerals other than oil and gas.
3273. § 212.44 Suspension of operations.
3274. § 212.45 [Reserved]
3275. § 212.46 Inspection of premises, books, and accounts.
3276. § 212.47 Diligence, drainage and prevention of waste.
3277. § 212.48 Permission to start operations.
3278. § 212.49 Restrictions on operations.
3279. § 212.50 [Reserved]
3280. § 212.51 Surrender of leases.
3281. § 212.52 Fees.
3282. § 212.53 Assignments, overriding royalties, and operating agreements.
3283. § 212.54 Lease or permit cancellation; Bureau of Indian Affairs notice of noncompliance.
3284. § 212.55 Penalties.
3285. § 212.56 Geological and geophysical permits.
3286. § 212.57 Forms.
3287. § 212.58 Appeals.
3288. PART 213 LEASING OF RESTRICTED LANDS OF MEMBERS OF FIVE CIVILIZED TRIBES, OKLAHOMA, FOR MINING
3289. § 213.1 Definitions.
3290. 310 How To Acquire Leases
3291. § 213.2 Applications for leases.
3292. § 213.3 No Government employee shall acquire leases.
3293. § 213.4 Sale of oil and gas leases.
3294. § 213.5 Term of oil and gas leases.
3295. § 213.6 Leases for minerals other than oil and gas.
3296. § 213.7 Fees.
3297. § 213.8 Filing of lease deemed constructive notice.
3298. § 213.9 Noncontiguous tracts.
3299. § 213.10 Lessor's signature.
3300. § 213.11 Minor lessors.
3301. § 213.12 Leases executed by guardians of minors.
3302. § 213.13 Inherited lands.
3303. § 213.14 Corporations and corporate information.
3304. § 213.15 Bonds.
3305. § 213.16 Additional information may be requested by Area Director.
3306. § 213.17 Government reserves right to purchase minerals produced.
3307. 311 Rents and Royalties
3308. § 213.18 Manner of payment of rents and royalties.
3309. § 213.19 Crediting advance annual payments.
3310. § 213.20 [Reserved]
3311. § 213.21 Rate of rents on leases other than oil and gas.
3312. § 213.22 Expenditures under lease other than oil and gas.
3313. § 213.23 Royalty rates for minerals other than oil and gas.
3314. § 213.24 Rate of rents and royalties on oil and gas leases.
3315. § 213.25 Free use of gas by lessor.
3316. § 213.26 Rate of royalty on casing-head gas.
3317. § 213.27 Rate of rental for nonutilized gas wells.
3318. § 213.28 Royalty payments and production reports.
3319. § 213.29 Division orders.
3320. 312 Operations
3321. § 213.30 Permission to start operations.
3322. § 213.31 Restrictions on operations.
3323. § 213.32 Wells.
3324. § 213.33 Diligence and prevention of waste.
3325. § 213.34 Inspection of premises; books and accounts.
3326. § 213.35 Mines to be timbered properly.
3327. § 213.36 Surrender of leased premises in good condition.
3328. § 213.37 Penalties.
3329. § 213.38 Assignments and overriding royalties.
3330. § 213.39 Stipulations.
3331. § 213.40 Cancellations.
3332. 313 Removal of Restrictions
3333. § 213.41 Leases executed but not approved before restrictions removed from land.
3334. § 213.42 Operations after removal of restrictions from leased lands.
3335. § 213.43 Relinquishment of Government supervision.
3336. § 213.44 Division of royalty to separate fee owners.
3337. § 213.45 Restrictions especially continued as to certain lands.
3338. § 213.46 Field clerks.
3339. § 213.47 Forms.
3340. § 213.48 Effective date.
3341. § 213.49 Scope of regulations.
3342. PART 214 LEASING OF OSAGE RESERVATION LANDS, OKLAHOMA, FOR MINING, EXCEPT OIL AND GAS
3343. § 214.1 Definition.
3344. § 214.2 Sale of leases.
3345. § 214.3 Corporate information.
3346. § 214.4 Bonds.
3347. § 214.5 Additional information.
3348. § 214.6 Failure of lessee to complete lease.
3349. § 214.7 Operation not permitted until lease approved; 160 acres maximum for single lease.
3350. § 214.8 Acreage limitation.
3351. § 214.9 Advance rental.
3352. § 214.10 Royalty rates.
3353. § 214.11 Payment of rents and royalties.
3354. § 214.12 Time of payment of royalties.
3355. § 214.13 Diligence; annual expenditures; mining records.
3356. § 214.14 Use of surface lands.
3357. § 214.15 Homesteads.
3358. § 214.16 Settlement of damages.
3359. § 214.17 Use of timber from restricted lands.
3360. § 214.18 Assignments.
3361. § 214.19 Cancellation.
3362. § 214.20 Annual reports by corporate lessees.
3363. § 214.21 Inspection of lessees' books and records.
3364. § 214.22 Serving of notices.
3365. § 214.23 Plat of mine location.
3366. § 214.24 Forms.
3367. § 214.25 Forfeiture of lease.
3368. § 214.26 Fine; notice and hearing.
3369. § 214.27 Changes in regulations.
3370. § 214.28 Location of sites for mines and buildings.
3371. § 214.29 Prospecting; abandonment of mines.
3372. § 214.30 Lessees must appoint local representative.
3373. PART 215 LEAD AND ZINC MINING OPERATIONS AND LEASES, QUAPAW AGENCY
3374. § 215.0 Definitions.
3375. § 215.1 No operations until lease approved.
3376. § 215.2 Local representative of lessee.
3377. § 215.3 Manner and time of royalty payments.
3378. § 215.4 Leases to be sold at public auction.
3379. § 215.5 Royalty rates.
3380. § 215.6 Applications for leases; consent of Indian owners.
3381. § 215.7 Advertisement of sale of leases.
3382. § 215.8 Submission of bids.
3383. § 215.9 Execution of leases.
3384. § 215.10 Renewal of leases on developed lands.
3385. § 215.11 New leases where prior leases have been forfeited or abandoned.
3386. § 215.12 Advertising costs.
3387. § 215.13 Bond.
3388. § 215.14 Payments to be made to superintendent.
3389. § 215.15 Leases to be accompanied by Form D.
3390. § 215.16 Requirements of corporate lessees.
3391. § 215.17 Additional information required.
3392. § 215.18 Term of leases.
3393. § 215.19 Forms. 2
3394. § 215.20 Assignment.
3395. § 215.21 Payment of gross production tax on lead and zinc.
3396. § 215.22 Operations.
3397. § 215.23 Cooperation between superintendent and district mining supervisor.
3398. § 215.23a Suspension of operations and production on leases for minerals other than oil and gas.
3399. § 215.24 Books and accounts.
3400. § 215.25 Other minerals and deep-lying lead and zinc minerals.
3401. PART 216 SURFACE EXPLORATION, MINING, AND RECLAMATION OF LANDS
3402. Subpart A General Provisions
3403. § 216.1 Purpose.
3404. § 216.2 Scope.
3405. § 216.3 Definitions.
3406. § 216.4 Technical examination of prospective surface exploration and mining operations.
3407. § 216.5 Basis for denial of a permit or lease.
3408. § 216.6 Approval of exploration plan.
3409. § 216.7 Approval of mining plan.
3410. § 216.8 Performance bond.
3411. § 216.9 Reports.
3412. § 216.10 Inspection: Notice of noncompliance: Revocation.
3413. § 216.11 Appeals.
3414. § 216.12 Consultation.
3415. PART 217 MANAGEMENT OF TRIBAL ASSETS OF UTE INDIAN TRIBE, UINTAH AND OURAY RESERVATION, UTAH, BY THE TRIBE AND THE UTE DISTRIBUTION CORP.
3416. § 217.1 Definitions.
3417. § 217.2 Authority and purpose.
3418. § 217.3 Referral of questions by superintendent.
3419. § 217.4 Referral of questions by the joint managers.
3420. § 217.5 Management decisions.
3421. § 217.6 Method of casting votes.
3422. § 217.7 Implementation of decision.
3423. PART 224 TRIBAL ENERGY RESOURCE AGREEMENTS UNDER THE INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF DETERMINATION ACT
3424. Subpart A General Provisions
3425. § 224.10 What is the purpose of this part?
3426. § 224.20 How will the Secretary interpret and implement this part and the Act?
3427. § 224.30 What definitions apply to this part?
3428. § 224.40 How does the Act or a TERA affect the Secretary's trust responsibility?
3429. § 224.41 When does the Secretary require agreement of more than one Tribe to approve a TERA?
3430. § 224.42 How does the Paperwork Reduction Act affect these regulations?
3431. Subpart B Procedures for Obtaining Tribal Energy Resource Agreements
3432. § 224.50 What is the purpose of this subpart?
3433. 324 Pre-application Consultation and the Form of Application
3434. § 224.51 What is a pre-application consultation between a Tribe and the Secretary?
3435. § 224.52 What may a Tribe include in a TERA?
3436. § 224.53 What must an application for a TERA contain?
3437. 325 Processing Applications
3438. § 224.54 How must a Tribe submit an application?
3439. § 224.55 Is information a Tribe submits throughout the TERA process under this part subject to disclosure to third parties?
3440. § 224.56 What is the effect of the Secretary's receipt of a qualified Tribe's complete application?
3441. § 224.57 What must the Secretary do upon receipt of an application?
3442. 326 Application Consultation Meeting
3443. § 224.58 What is an application consultation meeting?
3444. § 224.59 How will the Secretary use the results of the application consultation meeting?
3445. § 224.60 What will the Secretary provide to the Tribe after the application consultation meeting?
3446. § 224.61 What will the Tribe provide to the Secretary after receipt of the Secretary's report on the application consultation meeting?
3447. § 224.62 May a final proposed TERA differ from the original proposed TERA?
3448. 327 TERA Requirements
3449. § 224.63 What provisions must a TERA contain?
3450. § 224.64 How may a Tribe assume management of development of different types of energy resources?
3451. § 224.65 How may a Tribe assume additional activities under a TERA?
3452. § 224.66 How may a Tribe reduce the scope of the TERA?
3453. 328 Public Notification and Comment
3454. § 224.67 What must the Secretary do upon the Secretary's receipt of a final proposed TERA?
3455. § 224.68 How will the Secretary use public comments?
3456. Subpart C Approval of Tribal Energy Resource Agreements
3457. § 224.70 Will the Secretary review a proposed TERA under the National Environmental Policy Act?
3458. § 224.71 What standards will the Secretary use to decide to approve a final proposed TERA?
3459. §§ 224.72-224.73 [Reserved]
3460. § 224.74 When must the Secretary approve or disapprove a final proposed TERA?
3461. § 224.75 What must the Secretary do upon approval or disapproval of a final proposed TERA?
3462. § 224.76 Upon notification of disapproval, may a Tribe re-submit a revised final proposed TERA?
3463. § 224.77 Who may appeal the Secretary's decision on a final proposed TERA or a revised final proposed TERA?
3464. § 224.78 How long will a TERA remain in effect?
3465. § 224.79 Will the Secretary make non-expended amounts available to the Tribe?
3466. Subpart D Implementation of Tribal Energy Resource Agreements
3467. 329 Applicable Authorities and Responsibilities
3468. § 224.80 Under what authority will a Tribe perform activities for energy resource development?
3469. § 224.81 What laws are applicable to activities?
3470. § 224.82 What activities will the Department continue to perform after approval of a TERA?
3471. 330 Leases, Business Agreements, and Rights-of-Way Under a TERA
3472. § 224.83 What must a Tribe do after executing a lease or business agreement, or granting a right-of-way?
3473. § 224.84 When may a Tribe grant a right-of-way?
3474. § 224.85 When may a Tribe enter into a lease or business agreement?
3475. § 224.86 Are there limits on the duration of leases, business agreements, and rights-of-way?
3476. 331 Violation or Breach
3477. § 224.87 What are the obligations of a Tribe if it discovers a violation or breach?
3478. § 224.88 What must the Secretary do after receiving notice of a violation or breach from the Tribe?
3479. § 224.89 What procedures will the Secretary use to enforce leases, business agreements, or rights-of-way?
3480. Subpart E Interested Party Petitions
3481. § 224.100 May a person or entity ask the Secretary to review a Tribe's compliance with a TERA?
3482. § 224.101 Who is an interested party?
3483. § 224.102 Must a Tribe establish a comment or hearing process for addressing environmental concerns?
3484. § 224.103 Must a Tribe establish other public participation processes?
3485. § 224.104 Must a Tribe enact Tribal laws, regulations, or procedures permitting a person or entity to allege that a Tribe is not complying with a TERA?
3486. § 224.105 How may a person or entity obtain copies of Tribal laws, regulations, or procedures that would permit an allegation of noncompliance with a TERA?
3487. § 224.106 If a Tribe has enacted Tribal laws, regulations, or procedures for challenging Tribal action, how must the Tribe respond to a petition?
3488. § 224.107 What must a petitioner do before filing a petition with the Secretary?
3489. § 224.108 May Tribes offer a resolution of a petitioner's claim?
3490. § 224.109 What must a petitioner claim or request in a petition filed with the Secretary?
3491. § 224.110 What must a petition to the Secretary contain?
3492. § 224.111 When may a petitioner file a petition with the Secretary?
3493. § 224.112 What must the Secretary do upon receipt of a petition?
3494. § 224.113 What must the Tribe do after it completes petition consultation with the Secretary?
3495. § 224.114 How may the Tribe address a petition in its written response?
3496. § 224.115 When in the petition process must the Secretary investigate a Tribe's compliance with a TERA?
3497. § 224.116 What is the time period in which the Secretary must investigate a Tribe's compliance with a TERA?
3498. § 224.117 Must the Secretary make a determination of the Tribe's compliance with a TERA?
3499. § 224.118 How must the Tribe respond to the Secretary's notice of the opportunity for a hearing?
3500. § 224.119 What must the Secretary do when making a decision on a petition?
3501. § 224.120 What action may the Secretary take to ensure compliance with a TERA?
3502. § 224.121 How may a Tribe or a petitioner appeal the Secretary's decision about the Tribe's compliance with the TERA?
3503. Subpart F Periodic Reviews
3504. § 224.130 What is the purpose of this subpart?
3505. § 224.131 What is a periodic review and evaluation?
3506. § 224.132 How does the Secretary conduct a periodic review and evaluation?
3507. § 224.133 What must the Secretary do after a periodic review and evaluation?
3508. § 224.134 How often must the Secretary conduct a periodic review and evaluation?
3509. § 224.135 Under what circumstances may the Secretary conduct additional reviews and evaluations?
3510. 332 Noncompliance
3511. § 224.136 How will the Secretary's report address a Tribe's noncompliance?
3512. § 224.137 What must the Secretary do if a Tribe's noncompliance has resulted in harm or the potential for harm to a physical trust asset?
3513. § 224.138 What must the Secretary do if a Tribe's noncompliance has caused imminent jeopardy to a physical trust asset?
3514. § 224.139 What must a Tribe do after receiving a notice of imminent jeopardy to a physical trust asset?
3515. § 224.140 What must the Secretary do if the Tribe fails to respond to or does not comply with the Secretary's order?
3516. § 224.141 What must the Secretary do if the Tribe responds to the Secretary's order?
3517. Subpart G Reassumption
3518. § 224.150 What is the purpose of this subpart?
3519. § 224.151 When may the Secretary reassume activities?
3520. § 224.152 Must the Secretary always reassume the activities upon a finding of imminent jeopardy to a physical trust asset?
3521. 333 Notice of Intent To Reassume
3522. § 224.153 Must the Secretary notify the Tribe of an intent to reassume the authority granted?
3523. § 224.154 What must a notice of intent to reassume include?
3524. § 224.155 When must a Tribe respond to a notice of intent to reassume?
3525. § 224.156 What information must the Tribe's response to the notice of intent to reassume include?
3526. § 224.157 How must the Secretary proceed after receiving the Tribe's response?
3527. § 224.158 What must the Secretary include in a written notice of reassumption?
3528. § 224.159 How will reassumption affect valid existing rights or lawful actions taken before the effective date of the reassumption?
3529. § 224.160 How will reassumption affect a TERA?
3530. § 224.161 How may reassumption affect the Tribe's ability to enter into a new TERA or to modify another TERA to administer additional activities or to assume administration of activities that the Secretary previously reassumed?
3531. Subpart H Rescission
3532. § 224.170 What is the purpose of this subpart?
3533. § 224.171 Who may rescind a TERA?
3534. § 224.172 May a Tribe rescind only some of the activities subject to a TERA while retaining a portion of those activities?
3535. § 224.173 How does a Tribe rescind a TERA?
3536. § 224.174 When does a voluntary rescission become effective?
3537. § 224.175 How will rescission affect valid existing rights or lawful actions taken before the rescission?
3538. Subpart I General Appeal Procedures
3539. § 224.180 What is the purpose of this subpart?
3540. § 224.181 Who may appeal Departmental decisions or inaction under this part?
3541. § 224.182 What is the Initial Appeal Process?
3542. § 224.183 What other administrative appeals processes also apply?
3543. § 224.184 How do other administrative appeals processes apply?
3544. § 224.185 When are decisions under this part effective?
3545. Subpart J Alternative to TERAs: Tribal Energy Development Organization (TEDO) Certification
3546. § 224.200 What is the purpose of this subpart?
3547. § 224.201 What must an application for certification as a Tribal energy development organization (TEDO) include?
3548. § 224.202 How must a Tribe submit an application for certification of a TEDO?
3549. § 224.203 What must the Secretary do upon receipt of an application for certification as a TEDO?
3550. § 224.204 What criteria will the Secretary use to determine whether to approve an application for certification of a TEDO?
3551. § 224.205 What must the Secretary do upon approval of an application for certification?
3552. § 224.206 What is the effect of a TEDO receiving certification?
3553. PART 225 OIL AND GAS, GEOTHERMAL, AND SOLID MINERALS AGREEMENTS
3554. Subpart A General
3555. § 225.1 Purpose and scope.
3556. § 225.2 Information collection.
3557. § 225.3 Definitions.
3558. § 225.4 Authority and responsibility of the Bureau of Land Management (BLM).
3559. § 225.5 Authority and responsibility of the Office of Surface Mining Reclamation and Enforcement (OSMRE).
3560. § 225.6 Authority and responsibility of the Minerals Management Service (MMS).
3561. Subpart B Minerals Agreements
3562. § 225.20 Authority to contract.
3563. § 225.21 Negotiation procedures.
3564. § 225.22 Approval of minerals agreements.
3565. § 225.23 Economic assessments.
3566. § 225.24 Environmental studies.
3567. § 225.25 Resolution of disputes.
3568. § 225.26 Auditing and accounting.
3569. § 225.27 Forms and reports.
3570. § 225.28 Approval of amendments to minerals agreements.
3571. § 225.29 Corporate qualifications and requests for information.
3572. § 225.30 Bonds.
3573. § 225.31 Manner of payments.
3574. § 225.32 Permission to start operations.
3575. § 225.33 Assignment of minerals agreements.
3576. § 225.34 [Reserved]
3577. § 225.35 Inspection of premises; books and accounts.
3578. § 225.36 Minerals agreement cancellation; Bureau of Indian Affairs notice of noncompliance.
3579. § 225.37 Penalties.
3580. § 225.38 Appeals.
3581. § 225.39 Fees.
3582. § 225.40 Government employees cannot acquire minerals agreements.
3583. PART 226 LEASING OF OSAGE RESERVATION LANDS FOR OIL AND GAS MINING
3584. § 226.1 Definitions.
3585. 334 Leasing Procedure, Rental and Royalty
3586. § 226.2 Sale of leases.
3587. § 226.3 Surrender of lease.
3588. § 226.4 Form of payment.
3589. § 226.5 Leases subject to current regulations.
3590. § 226.6 Bonds.
3591. § 226.7 Provisions of forms made a part of the regulations.
3592. § 226.8 Corporation and corporate information.
3593. § 226.9 Rental and drilling obligations.
3594. § 226.10 Term of lease.
3595. § 226.11 Royalty payments.
3596. § 226.12 Government reserves right to purchase oil.
3597. § 226.13 Time of royalty payments and reports.
3598. § 226.14 Contracts and division orders.
3599. § 226.15 Unit leases, assignments and related instruments.
3600. 335 Operations
3601. § 226.16 Commencement of operations.
3602. § 226.17 How to acquire permission to begin operations on a restricted homestead allotment.
3603. § 226.18 Information to be given surface owners prior to commencement of drilling operations.
3604. § 226.19 Use of surface of land.
3605. § 226.20 Settlement of damages claimed.
3606. § 226.21 Procedure for settlement of damages claimed.
3607. § 226.22 Prohibition of pollution.
3608. § 226.23 Easements for wells off leased premises.
3609. § 226.24 Lessee's use of water.
3610. § 226.25 Gas well drilled by oil lessees and vice versa.
3611. § 226.26 Determining cost of well.
3612. § 226.27 Gas for operating purposes and tribal use.
3613. 336 Cessation of Operations
3614. § 226.28 Shutdown, abandonment, and plugging of wells.
3615. § 226.29 Disposition of casings and other improvements.
3616. 337 Requirements of Lessees
3617. § 226.30 Lessees subject to Superintendent's orders; books and records open to inspection.
3618. § 226.31 Lessee's process agents.
3619. § 226.32 Well records and reports.
3620. § 226.33 Line drilling.
3621. § 226.34 Wells and tank batteries to be marked.
3622. § 226.35 Formations to be protected.
3623. § 226.36 Control devices.
3624. § 226.37 Waste of oil and gas.
3625. § 226.38 Measuring and storing oil.
3626. § 226.39 Measurement of gas.
3627. § 226.40 Use of gas for lifting oil.
3628. § 226.41 Accidents to be reported.
3629. 338 Penalties
3630. § 226.42 Penalty for violation of lease terms.
3631. § 226.43 Penalties for violation of certain operating regulations.
3632. 339 Appeals and Notices
3633. § 226.44 Appeals.
3634. § 226.45 Notices.
3635. § 226.46 Information collection.
3636. PART 227 LEASING OF CERTAIN LANDS IN WIND RIVER INDIAN RESERVATION, WYOMING, FOR OIL AND GAS MINING
3637. § 227.1 Definitions.
3638. 340 How To Acquire Leases
3639. § 227.2 Applications for leases.
3640. § 227.3 Leases to citizens of the United States except Government employees.
3641. § 227.4 Sale of oil and gas leases.
3642. § 227.5 Terms of leases, procedure for renewal and execution.
3643. § 227.6 Corporations and corporate information.
3644. § 227.7 Additional information from applicant.
3645. § 227.8 Bonds.
3646. § 227.9 Acreage limitation: Leases on noncontiguous tracts.
3647. § 227.10 Minerals other than oil and gas.
3648. § 227.11 Bureau of Land Management to be furnished copy of lease.
3649. § 227.12 Mineral reserves in nonmineral entries.
3650. § 227.13 Vested rights to be respected.
3651. § 227.14 Government reserves right to purchase oil and gas.
3652. 341 Rents and Royalties
3653. § 227.15 Manner of payment.
3654. § 227.16 Crediting advance annual payments.
3655. § 227.17 Rates of rents and royalties.
3656. § 227.18 Free use of gas by lessor.
3657. § 227.19 Division orders.
3658. 342 Operations
3659. § 227.20 Permission to start operations.
3660. § 227.21 Restrictions on operations.
3661. § 227.22 Diligence and prevention of waste.
3662. § 227.23 Wells.
3663. § 227.24 Penalties.
3664. § 227.25 Inspection of premises, books and accounts.
3665. § 227.26 Assignments and overriding royalties.
3666. § 227.27 Stipulations.
3667. § 227.28 Cancellations.
3668. § 227.29 Fees.
3669. § 227.30 Forms.
3670. SUBCHAPTER J FISH AND WILDLIFE
3671. PART 241 INDIAN FISHING IN ALASKA
3672. § 241.1 Purpose.
3673. § 241.2 Annette Islands Reserve; definition; exclusive fishery; licenses.
3674. § 241.3 Commercial fishing, Annette Islands Reserve.
3675. § 241.4 Subsistence and sport fishing, Annette Islands Reserve.
3676. § 241.5 Commercial fishing, Karluk Indian Reservation.
3677. § 241.6 Enforcement; violation of regulations; corrective action; penalties; closure of restrictions, Annette Islands Reserve.
3678. PART 242 COMMERCIAL FISHING ON RED LAKE INDIAN RESERVATION
3679. § 242.1 Definitions.
3680. § 242.2 Authority to engage in commercial fishing.
3681. § 242.3 Authority to operate.
3682. § 242.4 Fishing.
3683. § 242.5 Disposition of unmarketable fish.
3684. § 242.6 Spawning season.
3685. § 242.7 Suspension.
3686. § 242.8 Penalty.
3687. § 242.9 Quotas.
3688. § 242.10 Fishing equipment limitations.
3689. § 242.11 Royalty.
3690. § 242.12 Authority to lease.
3691. PART 243 REINDEER IN ALASKA
3692. § 243.1 What is the purpose of this part?
3693. § 243.2 What terms do I need to know?
3694. § 243.3 Delegation of authority.
3695. § 243.4 Who can own or possess Alaskan reindeer?
3696. § 243.5 Who can own imported reindeer, and what limitations apply?
3697. § 243.6 Which sales or transfers of Alaskan reindeer do not require a permit?
3698. § 243.7 How can a non-Native acquire live reindeer?
3699. § 243.8 What penalties apply to violations of this part?
3700. § 243.9 Who may inherit live Alaskan reindeer and by what means?
3701. § 243.10 How does the Paperwork Reduction Act affect this rule?
3702. § 243.11 Are transfers of Alaskan reindeer that occurred before issuance of this part valid?
3703. § 243.12 Are Alaska reindeer trust assets maintained by the U.S. Government for the benefit of Alaska Natives?
3704. § 243.13 Who may appeal an action under this part?
3705. PART 247 USE OF COLUMBIA RIVER TREATY FISHING ACCESS SITES
3706. § 247.1 What definitions apply to this part?
3707. § 247.2 What lands are subject to these regulations?
3708. § 247.3 Who is eligible to use the sites?
3709. § 247.4 How can eligible users be identified?
3710. § 247.5 What laws and regulations apply to the people who use these sites?
3711. § 247.6 What will happen if I damage Government-owned property?
3712. § 247.7 Can I build a structure?
3713. § 247.8 What am I responsible for if I use the facilities?
3714. § 247.9 What other rules apply while I am using the facilities?
3715. § 247.10 What will happen if I abandon property?
3716. § 247.11 What other restrictions apply to use of the sites?
3717. § 247.12 Will I have to pay to use a site?
3718. § 247.13 Are the facilities available year around?
3719. § 247.14 Can I hook up a campsite to on-site or off-site utilities?
3720. § 247.15 May I reserve a campsite or drying shed?
3721. § 247.16 What fire is permitted?
3722. § 247.17 What are the restrictions on fires?
3723. § 247.18 What are the sanitation prohibitions?
3724. § 247.19 Can a site be used for commercial enterprises other than fishing enterprises by the tribes?
3725. § 247.20 What are the road and trail prohibitions?
3726. § 247.21 Can I appeal an administrative action?
3727. PART 248 USE OF COLUMBIA RIVER INDIAN IN-LIEU FISHING SITES
3728. § 248.1 Fishing sites subject to regulation.
3729. § 248.2 Persons eligible to use sites.
3730. § 248.3 Identification of eligible users.
3731. § 248.4 Applicability of laws and regulations.
3732. § 248.5 Damage to Government-owned property.
3733. § 248.6 Structures.
3734. § 248.7 Liability for condition and use of structures.
3735. § 248.8 Abandoned property.
3736. § 248.9 Camping and use restrictions.
3737. § 248.10 Appeals from administrative actions.
3738. PART 249 OFF-RESERVATION TREATY FISHING
3739. Subpart A General Provisions
3740. § 249.1 Purpose.
3741. § 249.2 Area regulations.
3742. § 249.3 Identification cards.
3743. § 249.4 Identification of fishing equipment.
3744. § 249.5 Use of unauthorized helpers or agents.
3745. § 249.6 Enforcement and penalties.
3746. § 249.7 Savings provisions.
3747. SUBCHAPTER K HOUSING
3748. PART 256 HOUSING IMPROVEMENT PROGRAM (HIP)
3749. Subpart A General Provisions
3750. § 256.1 Purpose.
3751. § 256.2 Definitions.
3752. § 256.3 Policy.
3753. § 256.4 Information collection.
3754. § 256.5 What is the Housing Improvement Program?
3755. Subpart B Determining Eligibility
3756. § 256.6 Am I eligible for the Housing Improvement Program?
3757. § 256.7 What housing services are available?
3758. § 256.8 When do I qualify for Category A assistance?
3759. § 256.9 When do I qualify for Category B assistance?
3760. § 256.10 When do I qualify for Category C assistance?
3761. § 256.11 When do I qualify for Category D assistance?
3762. § 256.12 Who administers the program?
3763. Subpart C Applying for Assistance
3764. § 256.13 How do I apply for the Housing Improvement Program?
3765. § 256.14 How is my application processed?
3766. Subpart D Receiving Assistance
3767. § 256.15 When will I hear if I have received funding?
3768. § 256.16 What if I don't receive funding?
3769. § 256.17 How long will I have to wait for work on my house?
3770. § 256.18 Who decides what work will be done?
3771. § 256.19 How are work plans prepared?
3772. § 256.20 How will I find out what work is to be done?
3773. § 256.21 Who does the work?
3774. § 256.22 How are construction contractors or companies selected and paid?
3775. § 256.23 Do I have to move out while work is done?
3776. § 256.24 How can I be sure that construction work meets minimum standards?
3777. § 256.25 How will I find out that the work is done?
3778. § 256.26 Will I need flood insurance?
3779. § 256.27 Is my Federal government-assisted house eligible for services?
3780. § 256.28 I have a mobile home; am I eligible for help?
3781. § 256.29 Can HIP resources be combined with other available resources?
3782. § 256.30 Can I appeal actions taken under this part?
3783. SUBCHAPTER L HERITAGE PRESERVATION
3784. PART 262 PROTECTION OF ARCHAEOLOGICAL RESOURCES
3785. § 262.1 Purpose, scope and information collection.
3786. § 262.2 Definitions.
3787. § 262.3 Consultation to determine need for a permit.
3788. § 262.4 Activities by Indian tribes or individuals that require a permit.
3789. § 262.5 Application for permits.
3790. § 262.6 Landowner consent by the Secretary.
3791. § 262.7 Notice to Indian tribes of possible harm to cultural or religious sites.
3792. § 262.8 Custody of archaeological resources.
3793. PART 265 ESTABLISHMENT OF ROADLESS AND WILD AREAS ON INDIAN RESERVATIONS
3794. § 265.1 Definition of roadless area.
3795. § 265.3 Roads prohibited.
3796. SUBCHAPTER M INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT PROGRAM
3797. PART 273 EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT
3798. Subpart A General Provisions and Definitions
3799. § 273.101 What is the purpose and scope of this part?
3800. § 273.102 How will revision or amendments be made to this part?
3801. § 273.103 What is the Secretary's policy of maximum Indian participation?
3802. § 273.104 How will the Secretary extend geographic coverage and enhance participation under the Johnson-O'Malley Act?
3803. § 273.105 How do these regulations affect existing Tribal rights?
3804. § 273.106 What key terms do I need to know?
3805. Subpart B Program Eligibility & Applicability
3806. § 273.110 Who is eligible to request contracts under the Johnson-O'Malley Act?
3807. § 273.111 How do the requirements for Tribal organizations differ from those for other eligible entities?
3808. § 273.112 Who is an eligible Indian student under the Johnson-O'Malley Act?
3809. § 273.113 How can the funds be used under the Johnson-O'Malley Act?
3810. § 273.114 What programs may be contracted under the Johnson-O'Malley Act?
3811. Subpart C Indian Education Committee
3812. § 273.115 Who determines the unique educational needs of eligible Indian students?
3813. § 273.116 Does an Indian Education Committee need to establish procedures and report to the BIE Director?
3814. § 273.117 What are the powers and duties of the Indian Education Committee?
3815. § 273.118 Are there additional authorities an Indian Education Committee can exercise?
3816. Subpart D Education Plan
3817. § 273.119 What is an education plan and what must it include?
3818. § 273.120 Does an education plan need to be approved by the BIE Director?
3819. § 273.121 When does the BIE Director approve the education plan?
3820. Subpart E Contract Proposal, Review, and Approval
3821. § 273.125 How may a new contracting party request a contract under the Johnson-O'Malley Act?
3822. § 273.126 What proposals are eligible for contracts under the Johnson-O'Malley Act?
3823. § 273.127 Can a contract include funds to support the duties of an Indian Education Committee?
3824. § 273.128 How are contracts prioritized?
3825. § 273.129 May the BIE Director reimburse a public school district for educating non-resident Indian students?
3826. § 273.130 What is required in the contract proposal for funding?
3827. § 273.131 What is required for a Tribal request for a contract?
3828. § 273.132 Who will review and approve the contract proposal?
3829. § 273.133 What is the process for review and decision?
3830. § 273.134 What is the timeframe for contract decision?
3831. § 273.135 Who will negotiate the contract?
3832. Subpart F Funding Provisions
3833. § 273.140 What is the funding formula to distribute funds?
3834. § 273.141 Will funding be prorated?
3835. § 273.142 Are advance payments on a contract allowed under the Johnson-O'Malley Act?
3836. § 273.143 Must other Federal, State, and local funds be used?
3837. § 273.144 Can Johnson-O'Malley funds be used for capital outlay or debt retirement?
3838. § 273.145 How can funds be used for subcontractors?
3839. § 273.146 Can funds be used outside of schools?
3840. § 273.147 Are there requirements of equal quality and standard of education?
3841. Subpart G Annual Reporting Requirements
3842. § 273.150 Does an existing contracting party need to submit any reports?
3843. § 273.151 What information must the existing contracting party provide in the annual report?
3844. § 273.152 When is the annual report due?
3845. § 273.153 Who else needs a copy of the annual report?
3846. § 273.154 What will happen if the existing contracting party fails to submit an annual report?
3847. § 273.155 How will the existing contracting party know when reports are due?
3848. § 273.156 Will technical assistance be available to comply with the annual reporting requirements?
3849. § 273.157 What is the process for requesting technical assistance and/or training?
3850. § 273.158 When should the existing contracting party request technical assistance and/or training?
3851. § 273.159 If the existing contracting party reported a decrease of eligible Indian students, how will funding be reduced?
3852. § 273.160 Can the Secretary apply a ratable reduction in Johnson-O'Malley program funding?
3853. § 273.161 What is the maximum decrease in funding allowed?
3854. Subpart H General Contract Requirements
3855. § 273.170 What special program provisions must be included in the contract?
3856. § 273.171 Can a contractor make changes to a program approved by an Indian Education Committee?
3857. § 273.172 May State employees enter Tribal lands, reservations, or allotments?
3858. § 273.173 What procurement requirements apply to contracts?
3859. § 273.174 Are there any Indian preference requirements for contracts and subcontracts?
3860. § 273.175 How will a Tribal governing body apply Indian preference requirements for contracts and subcontracts?
3861. § 273.176 May there be a use and transfer of Government property?
3862. § 273.177 Who will provide liability and motor vehicle insurance?
3863. § 273.178 Are there contract recordkeeping requirements?
3864. § 273.179 Are there contract audit and inspection requirements?
3865. § 273.180 Are there disclosure requirements for contracts?
3866. § 273.181 Are there Privacy Act requirements for contracts?
3867. § 273.182 Are there penalties for misusing funds or property?
3868. § 273.183 Can the Secretary investigate a potential Civil Rights Act violation?
3869. Subpart I Contract Renewal, Revisions, and Cancellations
3870. § 273.191 How may a contract be renewed for Johnson-O'Malley funding?
3871. § 273.192 What is required to renew a contract?
3872. § 273.193 May a contract be revised or amended?
3873. § 273.194 Does the Indian Education Committee have authority to cancel contracts?
3874. § 273.195 May a contract be cancelled for cause?
3875. Subpart J Responsibility and Accountability
3876. § 273.201 What is required for the Secretary to meet his or her reporting responsibilities?
3877. § 273.202 Does this part include an information collection?
3878. Subpart K Appeals
3879. § 273.206 May a contract be appealed?
3880. § 273.207 How does a contractor request dispute resolution?
3881. § 273.208 How does a Tribal organization request an appeal?
3882. § 273.209 How does a State, public school district, or an Indian corporation request an appeal?
3883. PART 275 STAFFING
3884. § 275.1 Purpose and scope.
3885. § 275.2 Definitions.
3886. § 275.3 Methods for staffing.
3887. § 275.4 Implementing regulations.
3888. PART 276 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS
3889. § 276.1 Purpose and scope.
3890. § 276.2 Definitions.
3891. § 276.3 Cash depositories.
3892. § 276.4 Bondings and insurance.
3893. § 276.5 Recordkeeping.
3894. § 276.6 Program income.
3895. § 276.7 Standards for grantee financial management systems.
3896. § 276.8 Financial reporting requirements.
3897. § 276.9 Monitoring and reporting program performances.
3898. § 276.10 Grant payment requirements.
3899. § 276.11 Property management standards.
3900. § 276.12 Procurement standards.
3901. § 276.13 Indian preference in grant administration.
3902. § 276.14 Budget revision.
3903. § 276.15 Grant closeout.
3904. § 276.16 Subgrants and subcontracts to non-profit organizations.
3905. § 276.17 Printing.
3906. Appendix A to Part 276 Principles for Determining Costs Applicable to Grants
3907. Appendix B to Part 276 Financial Reporting Requirements
3908. SUBCHAPTER N ECONOMIC ENTERPRISES
3909. PART 286 INDIAN BUSINESS DEVELOPMENT PROGRAM
3910. § 286.1 Definitions.
3911. § 286.2 Purpose.
3912. § 286.3 Eligible applicants.
3913. § 286.4 Eligible economic enterprises.
3914. § 286.5 Information collection.
3915. § 286.6 [Reserved]
3916. § 286.7 Location of enterprise.
3917. § 286.8 Priority criteria.
3918. § 286.9 Environmental and flood disaster protection.
3919. § 286.10 Preservation of historical and archeological data.
3920. § 286.11 Management and technical assistance.
3921. § 286.12 Content of application.
3922. §§ 286.13-286.14 [Reserved]
3923. § 286.15 Application procedures.
3924. § 286.16 Grant approval authority.
3925. § 286.17 Grant limitations and requirements.
3926. § 286.18 Written notice.
3927. § 286.19 [Reserved]
3928. § 286.20 Disbursement of grant funds.
3929. § 286.21 Return of unused funds.
3930. § 286.22 Reports.
3931. PART 290 TRIBAL REVENUE ALLOCATION PLANS
3932. § 290.1 Purpose.
3933. § 290.2 Definitions.
3934. § 290.3 Information collection.
3935. § 290.4 What is a tribal revenue allocation plan?
3936. § 290.5 Who approves tribal revenue allocation plans?
3937. § 290.6 Who must submit a tribal revenue allocation plan?
3938. § 290.7 Must an Indian tribe have a tribal revenue allocation plan if it is not making per capita payments?
3939. § 290.8 Do Indian tribes have to make per capita payments from net gaming revenues to tribal members?
3940. § 290.9 How may an Indian tribe use net gaming revenues if it does not have an approved tribal revenue allocation plan?
3941. § 290.10 Is an Indian tribe in violation of IGRA if it makes per capita payments to its members from net gaming revenues without an approved tribal revenue allocation plan?
3942. § 290.11 May an Indian tribe distribute per capita payments from net gaming revenues derived from either Class II or Class III gaming without a tribal revenue allocation plan?
3943. § 290.12 What information must the tribal revenue allocation plan contain?
3944. § 290.13 Under what conditions may an Indian tribe distribute per capita payments?
3945. § 290.14 Who can share in a per capita payment?
3946. § 290.15 Must the Indian tribe establish trust accounts with financial institutions for minors and legal incompetents?
3947. § 290.16 Can the per capita payments of minors and legal incompetents be deposited into accounts held by BIA or OTFM?
3948. § 290.17 What documents must the Indian tribe include with the tribal revenue allocation plan?
3949. § 290.18 Where should the Indian tribe submit the tribal revenue allocation plan?
3950. § 290.19 How long will the ABO take to review and approve the tribal revenue allocation plan?
3951. § 290.20 When will the ABO disapprove a tribal revenue allocation plan?
3952. § 290.21 May an Indian tribe appeal the ABO's decision?
3953. § 290.22 How does the Indian tribe ensure compliance with its tribal revenue allocation plan?
3954. § 290.23 How does the Indian tribe resolve disputes arising from per capita payments to individual members or identified groups of members?
3955. § 290.24 Do revisions/amendments to a tribal revenue allocation plan require approval?
3956. § 290.25 What is the liability of the United States under this part?
3957. § 290.26 Are previously approved tribal revenue allocation plans, revisions, or amendments subject to review in accordance with this part?
3958. PART 291 CLASS III GAMING PROCEDURES
3959. § 291.1 Purpose and scope.
3960. § 291.2 Definitions.
3961. § 291.3 When may an Indian tribe ask the Secretary to issue Class III gaming procedures?
3962. § 291.4 What must a proposal requesting Class III gaming procedures contain?
3963. § 291.5 Where must the proposal requesting Class III gaming procedures be filed?
3964. § 291.6 What must the Secretary do upon receiving a proposal?
3965. § 291.7 What must the Secretary do if it has been determined that the Indian tribe is eligible to request Class III gaming procedures?
3966. § 291.8 What must the Secretary do at the expiration of the 60-day comment period if the State has not submitted an alternative proposal?
3967. § 291.9 What must the Secretary do at the end of the 60-day comment period if the State offers an alternative proposal for Class III gaming procedures?
3968. § 291.10 What is the role of the mediator appointed by the Secretary?
3969. § 291.11 What must the Secretary do upon receiving the proposal selected by the mediator?
3970. § 291.12 Who will monitor and enforce tribal compliance with the Class III gaming procedures?
3971. § 291.13 When do Class III gaming procedures for an Indian tribe become effective?
3972. § 291.14 How can Class III gaming procedures approved by the Secretary be amended?
3973. § 291.15 How long do Class III gaming procedures remain in effect?
3974. PART 292 GAMING ON TRUST LANDS ACQUIRED AFTER OCTOBER 17, 1988
3975. Subpart A General Provisions
3976. § 292.1 What is the purpose of this part?
3977. § 292.2 How are key terms defined in this part?
3978. Subpart B Exceptions to Prohibitions on Gaming on Newly Acquired Lands
3979. § 292.3 How does a tribe seek an opinion on whether its newly acquired lands meet, or will meet, one of the exceptions in this subpart?
3980. § 292.4 What criteria must newly acquired lands meet under the exceptions regarding tribes with and without a reservation?
3981. 350 “Settlement of a Land Claim” Exception
3982. § 292.5 When can gaming occur on newly acquired lands under a settlement of a land claim?
3983. 351 “Initial Reservation” Exception
3984. § 292.6 What must be demonstrated to meet the “initial reservation” exception?
3985. 352 “Restored Lands” Exception
3986. § 292.7 What must be demonstrated to meet the “restored lands” exception?
3987. § 292.8 How does a tribe qualify as having been federally recognized?
3988. § 292.9 How does a tribe show that it lost its government-to-government relationship?
3989. § 292.10 How does a tribe qualify as having been restored to Federal recognition?
3990. § 292.11 What are “restored lands”?
3991. § 292.12 How does a tribe establish connections to newly acquired lands for the purposes of the “restored lands” exception?
3992. Subpart C Secretarial Determination and Governor's Concurrence
3993. § 292.13 When can a tribe conduct gaming activities on newly acquired lands that do not qualify under one of the exceptions in subpart B of this part?
3994. § 292.14 Where must a tribe file an application for a Secretarial Determination?
3995. § 292.15 May a tribe apply for a Secretarial Determination for lands not yet held in trust?
3996. 353 Application Contents
3997. § 292.16 What must an application for a Secretarial Determination contain?
3998. § 292.17 How must an application describe the benefits and impacts of the proposed gaming establishment to the tribe and its members?
3999. § 292.18 What information must an application contain on detrimental impacts to the surrounding community?
4000. 354 Consultation
4001. § 292.19 How will the Regional Director conduct the consultation process?
4002. § 292.20 What information must the consultation letter include?
4003. 355 Evaluation and Concurrence
4004. § 292.21 How will the Secretary evaluate a proposed gaming establishment?
4005. § 292.22 How does the Secretary request the Governor's concurrence?
4006. § 292.23 What happens if the Governor does not affirmatively concur with the Secretarial Determination?
4007. § 292.24 Can the public review the Secretarial Determination?
4008. 356 Information Collection
4009. § 292.25 Do information collections in this part have Office of Management and Budget approval?
4010. Subpart D Effect of Regulations
4011. § 292.26 What effect do these regulations have on pending applications, final agency decisions, and opinions already issued?
4012. PART 293 CLASS III TRIBAL-STATE GAMING COMPACTS
4013. Subpart A General Provisions and Scope
4014. § 293.1 What is the purpose of this part?
4015. § 293.2 How are key terms defined in this part?
4016. § 293.3 What authority does the Secretary have to approve or disapprove compacts and amendments?
4017. § 293.4 Are compacts and amendments subject to review and approval?
4018. § 293.5 Are extensions to compacts or amendments subject to review and approval?
4019. Subpart B Submission of Tribal-State Gaming Compacts
4020. § 293.6 Who can submit a compact or amendment?
4021. § 293.7 When should the Tribe or State submit a compact or amendment for review and approval?
4022. § 293.8 What documents must be submitted with a compact or amendment?
4023. § 293.9 Where should a compact or amendment or other requests under this part be submitted for review and approval?
4024. Subpart C Secretarial Review of Tribal-State Gaming Compacts
4025. § 293.10 How long will the Secretary take to review a compact or amendment?
4026. § 293.11 When will the 45-day timeline begin?
4027. § 293.12 What happens if the Secretary does not act on the compact or amendment within the 45-day review period?
4028. § 293.13 Who can withdraw a compact or amendment after it has been received by the Secretary?
4029. § 293.14 When does a compact or amendment take effect?
4030. § 293.15 When may the Secretary disapprove a compact or amendment?
4031. Subpart D Scope of Tribal-State Gaming Compacts
4032. § 293.16 May a compact or amendment include provisions addressing the application of the Tribe's or the State's criminal and civil laws and regulations?
4033. § 293.17 May a compact or amendment include provisions addressing the allocation of criminal and civil jurisdiction between the Tribe and the State?
4034. § 293.18 May a compact or amendment include provisions addressing the State's costs for regulating gaming activities?
4035. § 293.19 May a compact or amendment include provisions addressing the Tribe's taxation of gaming?
4036. § 293.20 May a compact or amendment include provisions addressing the resolution of disputes for breach of the compact?
4037. § 293.21 May a compact or amendment include provisions addressing standards for the operation of gaming activity and maintenance of the gaming facility?
4038. § 293.22 May a compact or amendment include provisions that are directly related to the operation of gaming activities?
4039. § 293.23 What factors will be used to determine whether provisions in a compact or amendment are directly related to the operation of gaming activities?
4040. § 293.24 May a compact or amendment include provisions addressing rights of employees?
4041. § 293.25 May a compact or amendment include provisions addressing employee background investigations and licensing?
4042. § 293.26 May a compact or amendment include provisions addressing statewide remote wagering or internet gaming?
4043. § 293.27 What factors will the Secretary analyze to determine if revenue sharing is lawful?
4044. § 293.28 May a compact or extension include provisions that limit the duration of the compact?
4045. § 293.29 May any other contract outside of a compact regulate Indian gaming?
4046. § 293.30 What effect does this part have on pending requests, final agency decisions already issued, and future requests?
4047. § 293.31 How does the Paperwork Reduction Act affect this part?
4048. 294-299 PARTS 294-299 [RESERVED]
4049. SUBCHAPTER O MISCELLANEOUS [RESERVED]
4050. Appendix to Chapter I Extension of the Trust or Restricted Status of Certain Indian Lands
4051. CHAPTER II INDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIOR
4052. 300 PART 300 [RESERVED]
4053. PART 301 NAVAJO, PUEBLO, AND HOPI SILVER AND TURQUOISE PRODUCTS; STANDARDS
4054. § 301.1 Eligibility for use of Government stamp.
4055. § 301.2 Specifications of material.
4056. § 301.3 Specifications of dies.
4057. § 301.4 Application of dies.
4058. § 301.5 Applique elements in design.
4059. § 301.6 Stone for ornamentation.
4060. § 301.7 Stonecutting.
4061. § 301.8 Finish.
4062. PART 304 NAVAJO, PUEBLO, AND HOPI SILVER, USE OF GOVERNMENT MARK
4063. § 304.1 Penalties for imitation or unauthorized use.
4064. § 304.2 Marking and ownership of dies.
4065. § 304.3 Classifying and marking of silver.
4066. § 304.4 Standards and additional requirements.
4067. § 304.5 Dies to identify tribe.
4068. § 304.6 Responsibility of dealer.
4069. § 304.7 Eligibility of silver meeting standards.
4070. § 304.8 Use of label by dealer.
4071. § 304.9 Placards; display of regulations.
4072. PART 307 NAVAJO ALL-WOOL WOVEN FABRICS; USE OF GOVERNMENT CERTIFICATE OF GENUINENESS
4073. § 307.1 Penalties.
4074. § 307.2 Certificates of genuineness; by whom affixed.
4075. § 307.3 Granting of licenses, contract, and bond requirements.
4076. § 307.4 Standards for fabrics.
4077. § 307.5 Hand seal press and certificates to be furnished.
4078. § 307.6 Fees.
4079. § 307.7 Suspension of license.
4080. § 307.8 Revocation of license.
4081. § 307.9 Surrender of license.
4082. § 307.10 Period of license.
4083. § 307.11 Certificates fastened to fabrics.
4084. § 307.12 Certificates, dating, and signing thereof.
4085. § 307.13 Licensee's responsibility.
4086. PART 308 REGULATIONS FOR USE OF CERTIFICATES OF THE INDIAN ARTS AND CRAFTS BOARD TO BE ATTACHED TO THEIR TRADE-MARKS BY INDIAN ENTERPRISES CONCERNED WITH THE PRODUCTION AND SALE OF GENUINE HANDICRAFTS
4087. § 308.1 Penalties.
4088. § 308.2 Certificates of genuineness to be attached to trade-marks.
4089. § 308.3 Conditions of eligibility to attach certificates.
4090. § 308.4 Revocation of privilege of attaching certificates.
4091. PART 309 PROTECTION OF INDIAN ARTS AND CRAFTS PRODUCTS
4092. § 309.1 How do the regulations in this part carry out the Indian Arts and Crafts Act of 1990?
4093. § 309.2 What are the key definitions for purposes of the Act?
4094. § 309.6 When does a commercial product become an Indian product?
4095. § 309.7 How should a seller disclose the nature and degree of Indian labor when selling, offering, or displaying art and craft work for sale?
4096. § 309.8 For marketing purposes, what is the recommended method of identifying authentic Indian products?
4097. § 309.9 When can non-Indians make and sell products in the style of Indian arts and crafts?
4098. § 309.10 What are some sample categories and examples of Indian products?
4099. § 309.11 What are examples of jewelry that are Indian products?
4100. § 309.12 What are examples of basketry that are Indian products?
4101. § 309.13 What are examples of other weaving and textiles that are Indian products?
4102. § 309.14 What are examples of beadwork, quillwork, and moose hair tufting that are Indian products?
4103. § 309.15 What are examples of apparel that are Indian products?
4104. § 309.16 What are examples of regalia that are Indian products?
4105. § 309.17 What are examples of woodwork that are Indian products?
4106. § 309.18 What are examples of hide, leatherwork, and fur that are Indian products?
4107. § 309.19 What are examples of pottery and ceramics that are Indian products?
4108. § 309.20 What are examples of sculpture, carving, and pipes that are Indian products?
4109. § 309.21 What are examples of dolls and toys that are Indian products?
4110. § 309.22 What are examples of painting and other fine art forms that are Indian products?
4111. § 309.23 Does this part apply to products made before 1935?
4112. § 309.24 How will statements about Indian origin of art or craft products be interpreted?
4113. § 309.25 How can an individual be certified as an Indian artisan?
4114. § 309.26 What penalties apply?
4115. § 309.27 How are complaints filed?
4116. PART 310 USE OF GOVERNMENT MARKS OF GENUINENESS FOR ALASKAN INDIAN AND ALASKAN ESKIMO HAND-MADE PRODUCTS
4117. § 310.1 Penalties.
4118. 1 Alaskan Indian
4119. § 310.2 Certificates of genuineness, authority to affix.
4120. § 310.3 Conditions.
4121. § 310.4 Application of mark.
4122. § 310.5 Certificates of genuineness, authority to affix.
4123. § 310.6 Conditions.
4124. § 310.7 Application of mark.
4125. 311-399 PARTS 311-399 [RESERVED]
4126. CHAPTER III NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR
4127. SUBCHAPTER A GENERAL PROVISIONS
4128. 500 PART 500 [RESERVED]
4129. PART 501 PURPOSE AND SCOPE OF THIS CHAPTER
4130. § 501.1 Purpose.
4131. § 501.2 Scope.
4132. PART 502 DEFINITIONS OF THIS CHAPTER
4133. § 502.1 Chairman (Chair).
4134. § 502.2 Class I gaming.
4135. § 502.3 Class II gaming.
4136. § 502.4 Class III gaming.
4137. § 502.5 Collateral agreement.
4138. § 502.6 Commission.
4139. § 502.7 Electronic, computer or other technologic aid.
4140. § 502.8 Electronic or electromechanical facsimile.
4141. § 502.9 Other games similar to bingo.
4142. § 502.10 Gaming operation.
4143. § 502.11 House banking game.
4144. § 502.12 Indian lands.
4145. § 502.13 Indian tribe.
4146. § 502.14 Key employee.
4147. § 502.15 Management contract.
4148. § 502.16 Net revenues.
4149. § 502.17 Person having a direct or indirect financial interest in a management contract.
4150. § 502.18 Person having management responsibility for a management contract.
4151. § 502.19 Primary management official.
4152. § 502.20 Secretary.
4153. § 502.21 Tribal-State compact.
4154. § 502.23 Facility license.
4155. § 502.24 Enforcement action.
4156. § 502.25 Gaming Enterprise.
4157. § 502.26 Tribal Gaming Regulatory Authority (TGRA).
4158. PART 503 COMMISSION INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS AND EXPIRATION DATES
4159. § 503.1 Purpose of this part.
4160. § 503.2 Display of control numbers and expiration dates.
4161. 504-512 PARTS 504-512 [RESERVED]
4162. PART 513 DEBT COLLECTION
4163. Subpart A General Provisions
4164. § 513.1 What definitions apply to the regulations in this part?
4165. § 513.2 What is the Commission's authority to issue these regulations?
4166. § 513.3 What happens to delinquent debts owed to the Commission?
4167. § 513.4 What notice will the Commission give to a debtor of the Commission's intent to collect debts?
4168. § 513.5 What is the Commission's policy on interest, penalty charges, and administrative costs?
4169. § 513.6 What are the requirements for offset review?
4170. § 513.7 What is the Commission's policy on revoking a debtor's ability to engage in Indian gaming for failure to pay a debt?
4171. Subpart B Administrative and Tax Refund Offset
4172. § 513.20 What debts can the Commission refer to Treasury for collection by administrative and tax refund offset?
4173. § 513.21 What notice will a debtor be given of the Commission's intent to collect a debt through administrative and tax refund offset?
4174. Subpart C Salary Offset
4175. § 513.30 When may the Commission use salary offset to collect debts?
4176. § 513.31 What notice will the Commission, as the creditor agency, give a debtor that salary offset will occur?
4177. § 513.32 What are the hearing procedures when the Commission is the creditor agency?
4178. § 513.33 Will the Commission issue a certification when the Commission is the creditor agency?
4179. § 513.34 What opportunity is there for a voluntary repayment agreement when the Commission is the creditor agency?
4180. § 513.35 What special review is available when the Commission is the creditor agency?
4181. § 513.36 Under what conditions will the Commission refund amounts collected by salary offset?
4182. § 513.37 What will the Commission do as the paying agency?
4183. Subpart D Administrative Wage Garnishment
4184. § 513.40 How will the Commission handle debt collection through administrative wage garnishment?
4185. PART 514 FEES
4186. § 514.1 What is the purpose of this part?
4187. § 514.2 When will the annual rates of fees be published?
4188. § 514.3 What is the maximum fee rate?
4189. § 514.4 How does a gaming operation calculate the amount of the annual fee it owes?
4190. § 514.5 When must a gaming operation pay its annual fees?
4191. § 514.6 What are the quarterly statements that must be submitted with the fee payments?
4192. § 514.7 What should a gaming operation do if it changes its fiscal year or ceases operations?
4193. § 514.8 Where should fees, quarterly statements, and other communications about fees be sent?
4194. § 514.9 What happens if a gaming operation submits its fee payment or quarterly statement late?
4195. § 514.10 When does a late payment or quarterly statement submission become a failure to pay?
4196. § 514.11 Can a proposed late fee be appealed?
4197. § 514.12 When does a notice of late submission and/or a proposed late fee become a final order of the Commission and final agency action?
4198. § 514.13 How are late submission fees paid, and can interest be assessed?
4199. § 514.14 What happens if the fees imposed exceed the statutory maximum or if the Commission does not expend the full amount of fees collected in a fiscal year?
4200. § 514.15 May tribes submit fingerprint cards to the Commission for processing?
4201. § 514.16 How does the Commission adopt the fingerprint processing fee?
4202. § 514.17 How are fingerprint processing fees collected by the Commission?
4203. PART 515 PRIVACY ACT PROCEDURES
4204. § 515.1 Purpose and scope.
4205. § 515.2 Definitions.
4206. § 515.3 Request for access to records.
4207. § 515.4 Responsibility for responding to requests.
4208. § 515.5 Responses to requests for access to records.
4209. § 515.6 Request for amendment or correction of records.
4210. § 515.7 Appeals of initial adverse agency determination.
4211. § 515.8 Requests for an accounting of record disclosure.
4212. § 515.9 Notice of court-ordered and emergency disclosures.
4213. § 515.10 Fees.
4214. § 515.11 Penalties.
4215. § 515.12 [Reserved]
4216. § 515.13 Specific exemptions.
4217. PART 516 TESTIMONY OF COMMISSIONERS AND EMPLOYEES AND FORMER COMMISSIONERS AND FORMER EMPLOYEES RESPECTING OFFICIAL DUTIES; RESPONSE TO SUBPOENA
4218. § 516.1 What is the purpose of this part and to whom does it apply?
4219. § 516.2 When may a person to whom this part applies give testimony, make a statement or submit to interview?
4220. § 516.3 When may a person to whom this part applies produce records?
4221. § 516.4 How are records certified or authenticated?
4222. PART 517 FREEDOM OF INFORMATION ACT PROCEDURES
4223. § 517.1 General provisions.
4224. § 517.2 Public reading room.
4225. § 517.3 Definitions.
4226. § 517.4 Requirements for making requests.
4227. § 517.5 Responsibility for responding to requests.
4228. § 517.6 Timing of responses to requests.
4229. § 517.7 Confidential commercial information.
4230. § 517.8 Appeals.
4231. § 517.9 Fees.
4232. PART 518 SELF-REGULATION OF CLASS II GAMING
4233. § 518.1 What does this part cover?
4234. § 518.2 Who will administer the self-regulation program for the Commission?
4235. § 518.3 Who is eligible to petition for a certificate of self-regulation?
4236. § 518.4 What must a tribe submit to the Commission as part of its petition?
4237. § 518.5 What criteria must a tribe meet to receive a certificate of self-regulation?
4238. § 518.6 What are the responsibilities of the Office of Self-Regulation in the certification process?
4239. § 518.7 What process will the Commission use to review and certify petitions?
4240. § 518.8 What is the hearing process?
4241. § 518.9 When will a certificate of self-regulation become effective?
4242. § 518.10 What must a self-regulating tribe provide the Commission to maintain its self-regulatory status?
4243. § 518.11 Does a tribe that holds a certificate of self-regulation have a continuing duty to advise the Commission of any additional information?
4244. § 518.12 Which investigative or enforcement powers of the Commission are inapplicable to self-regulating tribes?
4245. § 518.13 When may the Commission revoke a certificate of self-regulation?
4246. § 518.14 May a tribe request a hearing on the Commission's proposal to revoke its certificate of self-regulation?
4247. PART 519 SERVICE
4248. § 519.1 Designation of an agent by a tribe.
4249. § 519.2 Designation of an agent by a management contractor or a tribal operator.
4250. § 519.3 Methods of service.
4251. § 519.4 Copy of any official determination, order, or notice of violation.
4252. SUBCHAPTER B APPROVAL OF CLASS II AND CLASS III ORDINANCES AND RESOLUTIONS
4253. 520-521 PARTS 520-521 [RESERVED]
4254. PART 522 SUBMISSION OF GAMING ORDINANCE OR RESOLUTION
4255. § 522.1 Scope of this part.
4256. § 522.2 Submission requirements.
4257. § 522.3 Amendment.
4258. § 522.4 Amendment approvals and disapprovals.
4259. § 522.5 Approval requirements for class II ordinances.
4260. § 522.6 Disapproval of a class II ordinance.
4261. § 522.7 Approval requirements for class III ordinances.
4262. § 522.8 Disapproval of a class III ordinance.
4263. § 522.9 Publication of class III ordinance and approval.
4264. § 522.10 Approval by operation of law.
4265. § 522.11 Individually owned class II and class III gaming operations other than those operating on September 1, 1986.
4266. § 522.12 Individually owned class II gaming operations operating on September 1, 1986.
4267. § 522.13 Revocation of class III gaming.
4268. 523-529 PARTS 523-529 [RESERVED]
4269. SUBCHAPTER C MANAGEMENT CONTRACT PROVISIONS
4270. 530 PART 530 [RESERVED]
4271. PART 531 CONTENT OF MANAGEMENT CONTRACTS
4272. § 531.1 Required provisions.
4273. § 531.2 Prohibited provisions.
4274. 532 PART 532 [RESERVED]
4275. PART 533 APPROVAL OF MANAGEMENT CONTRACTS
4276. § 533.1 Requirement for review and approval.
4277. § 533.2 Time for submitting management contracts and amendments.
4278. § 533.3 Submission of management contract for approval.
4279. § 533.4 Action by the Chairman.
4280. § 533.5 [Reserved]
4281. § 533.6 Approval and disapproval.
4282. § 533.7 Void agreements.
4283. 534 PART 534 [RESERVED]
4284. PART 535 POST-APPROVAL PROCEDURES
4285. § 535.1 Amendments.
4286. § 535.2 Assignments.
4287. § 535.3 Post-approval noncompliance.
4288. 536 PART 536 [RESERVED]
4289. PART 537 BACKGROUND INVESTIGATIONS FOR PERSONS OR ENTITIES WITH A FINANCIAL INTEREST IN, OR HAVING MANAGEMENT RESPONSIBILITY FOR, A MANAGEMENT CONTRACT
4290. § 537.1 Applications for approval.
4291. § 537.2 Submission of background information.
4292. § 537.3 Fees for background investigations.
4293. § 537.4 Determinations.
4294. 538-539 PARTS 538-539 [RESERVED]
4295. SUBCHAPTER D HUMAN SERVICES
4296. 540-541 PARTS 540-541 [RESERVED]
4297. PART 542 MINIMUM INTERNAL CONTROL STANDARDS
4298. § 542.1 What does this part cover?
4299. § 542.2 What are the definitions for this part?
4300. § 542.3 How do I comply with this part?
4301. § 542.4 How do these regulations affect minimum internal control standards established in a Tribal-State compact?
4302. § 542.5 How do these regulations affect state jurisdiction?
4303. § 542.6 Does this part apply to small and charitable gaming operations?
4304. § 542.7 [Reserved]
4305. § 542.8 What are the minimum internal control standards for pull tabs?
4306. § 542.9 What are the minimum internal control standards for card games?
4307. § 542.10 What are the minimum internal control standards for keno?
4308. § 542.11 What are the minimum internal control standards for pari-mutuel wagering?
4309. § 542.12 What are the minimum internal control standards for table games?
4310. § 542.13 What are the minimum internal control standards for gaming machines?
4311. § 542.14 What are the minimum internal control standards for the cage?
4312. § 542.15 What are the minimum internal control standards for credit?
4313. § 542.16 [Reserved]
4314. § 542.17 What are the minimum internal control standards for complimentary services or items?
4315. § 542.18 How does a gaming operation apply for a variance from the standards of the part?
4316. § 542.19 What are the minimum internal control standards for accounting?
4317. § 542.20 What is a Tier A gaming operation?
4318. § 542.21 What are the minimum internal control standards for drop and count for Tier A gaming operations?
4319. § 542.22 What are the minimum internal control standards for internal audit for Tier A gaming operations?
4320. § 542.23 What are the minimum internal control standards for surveillance for Tier A gaming operations?
4321. § 542.30 What is a Tier B gaming operation?
4322. § 542.31 What are the minimum internal control standards for drop and count for Tier B gaming operations?
4323. § 542.32 What are the minimum internal control standards for internal audit for Tier B gaming operations?
4324. § 542.33 What are the minimum internal control standards for surveillance for Tier B gaming operations?
4325. § 542.40 What is a Tier C gaming operation?
4326. § 542.41 What are the minimum internal control standards for drop and count for Tier C gaming operations?
4327. § 542.42 What are the minimum internal control standards for internal audit for Tier C gaming operations?
4328. § 542.43 What are the minimum internal control standards for surveillance for a Tier C gaming operation?
4329. PART 543 MINIMUM INTERNAL CONTROL STANDARDS FOR CLASS II GAMING
4330. § 543.1 What does this part cover?
4331. § 543.2 What are the definitions for this part?
4332. § 543.3 How do tribal governments comply with this part?
4333. § 543.4 Does this part apply to small and charitable gaming operations?
4334. § 543.5 How does a gaming operation apply to use an alternate minimum standard from those set forth in this part?
4335. § 543.6-543.7 [Reserved]
4336. § 543.8 What are the minimum internal control standards for bingo?
4337. § 543.9 What are the minimum internal control standards for pull tabs?
4338. § 543.10 What are the minimum internal control standards for card games?
4339. § 543.11 [Reserved]
4340. § 543.12 What are the minimum internal control standards for gaming promotions and player tracking systems?
4341. § 543.13 What are the minimum internal control standards for complimentary services or items?
4342. § 543.14 What are the minimum internal control standards for patron deposit accounts and cashless systems?
4343. § 543.15 What are the minimum internal control standards for lines of credit?
4344. § 543.16 [Reserved]
4345. § 543.17 What are the minimum internal control standards for drop and count?
4346. § 543.18 What are the minimum internal control standards for the cage, vault, kiosk, cash and cash equivalents?
4347. § 543.19 [Reserved]
4348. § 543.20 What are the minimum internal control standards for information technology and information technology data?
4349. § 543.21 What are the minimum internal control standards for surveillance?
4350. § 543.22 [Reserved]
4351. § 543.23 What are the minimum internal control standards for audit and accounting?
4352. § 543.24 What are the minimum internal control standards for auditing revenue?
4353. §§ 543.25-543.49 [Reserved]
4354. 544-546 PARTS 544-546 [RESERVED]
4355. PART 547 MINIMUM TECHNICAL STANDARDS FOR CLASS II GAMING SYSTEMS AND EQUIPMENT
4356. § 547.1 What is the purpose of this part?
4357. § 547.2 What are the definitions for this part?
4358. § 547.3 Who is responsible for implementing these standards?
4359. § 547.4 What are the rules of general application for this part?
4360. § 547.5 How does a tribal government, TGRA, or tribal gaming operation comply with this part?
4361. § 547.6 What are the minimum technical standards for enrolling and enabling Class II gaming system components?
4362. § 547.7 What are the minimum technical hardware standards applicable to Class II gaming systems?
4363. § 547.8 What are the minimum technical software standards applicable to Class II gaming systems?
4364. § 547.9 What are the minimum technical standards for Class II gaming system accounting functions?
4365. § 547.10 What are the minimum standards for Class II gaming system critical events?
4366. § 547.11 What are the minimum technical standards for money and credit handling?
4367. § 547.12 What are the minimum technical standards for downloading on a Class II gaming system?
4368. § 547.13 What are the minimum technical standards for program storage media?
4369. § 547.14 What are the minimum technical standards for electronic random number generation?
4370. § 547.15 What are the minimum technical standards for electronic data communications between system components?
4371. § 547.16 What are the minimum standards for game artwork, glass, and rules?
4372. § 547.17 How does a TGRA apply to implement an alternate minimum standard to those required by this part?
4373. 548-549 PARTS 548-549 [RESERVED]
4374. SUBCHAPTER E GAMING LICENSES AND BACKGROUND INVESTIGATIONS FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
4375. 550-555 PARTS 550-555 [RESERVED]
4376. PART 556 BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES
4377. § 556.1 Scope of this part.
4378. § 556.2 Privacy notice.
4379. § 556.3 Notice regarding false statements.
4380. § 556.4 Background investigations.
4381. § 556.5 Tribal eligibility determination.
4382. § 556.6 Report to the Commission.
4383. § 556.7 Notice.
4384. § 556.8 Compliance with this part.
4385. 557 PART 557 [RESERVED]
4386. PART 558 GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
4387. § 558.1 Scope of this part.
4388. § 558.2 Review of notice of results for a key employee or primary management official.
4389. § 558.3 Notification to NIGC of license decisions and retention obligations.
4390. § 558.4 Notice of information impacting eligibility and licensee's right to a hearing.
4391. § 558.5 Submission of notices.
4392. § 558.6 Compliance with this part.
4393. PART 559 FACILITY LICENSE NOTIFICATIONS AND SUBMISSIONS
4394. § 559.1 What is the scope and purpose of this part?
4395. § 559.2 When must a tribe notify the Chair that it is considering issuing a new facility license?
4396. § 559.3 When must a tribe submit a copy of a newly issued or renewed facility license to the Chair?
4397. § 559.4 What must a tribe submit to the Chair with the copy of each facility license that has been issued or renewed?
4398. § 559.5 Must a tribe notify the Chair if a facility license is terminated or expires or if a gaming place, facility, or location closes or reopens?
4399. § 559.6 May the Chair require a tribe to submit applicable and available Indian lands or environmental and public health and safety documentation regarding any gaming place, facility, or location where gaming will occur?
4400. § 559.7 May a tribe submit documents required by this part electronically?
4401. F [RESERVED] SUBCHAPTER F [RESERVED]
4402. 560-569 PARTS 560-569 [RESERVED]
4403. SUBCHAPTER G COMPLIANCE AND ENFORCEMENT PROVISIONS
4404. 570 PART 570 [RESERVED]
4405. PART 571 MONITORING AND INVESTIGATIONS
4406. Subpart A General
4407. § 571.1 Scope.
4408. § 571.2 Definitions.
4409. § 571.3 Confidentiality.
4410. § 571.4 Investigation completion letter.
4411. Subpart B Inspection of Books and Records
4412. § 571.5 Entry of premises.
4413. § 571.6 Access to papers, books, and records.
4414. § 571.7 Maintenance and preservation of papers and records.
4415. Subpart C Subpoenas and Depositions
4416. § 571.8 Subpoena of witnesses.
4417. § 571.9 Subpoena of documents and other items.
4418. § 571.10 Geographical location.
4419. § 571.11 Depositions.
4420. Subpart D Audits
4421. § 571.12 Audit standards.
4422. § 571.13 Copies of audit reports.
4423. § 571.14 Relationship of financial statements to fee assessment reports.
4424. 572 PART 572 [RESERVED]
4425. PART 573 COMPLIANCE AND ENFORCEMENT
4426. § 573.1 What is the purpose of this part?
4427. § 573.2 When may a letter of concern be issued?
4428. § 573.3 Notice of violation.
4429. § 573.4 When may the Chair issue an order of temporary closure?
4430. § 573.5 When does an enforcement action become final agency action?
4431. 574 PART 574 [RESERVED]
4432. PART 575 CIVIL FINES
4433. § 575.1 Scope.
4434. § 575.3 How assessments are made.
4435. § 575.4 When civil fine will be assessed.
4436. § 575.5 Procedures for assessment of civil fines.
4437. § 575.6 Settlement, reduction, or waiver of civil fine.
4438. § 575.7 Final assessment.
4439. 576-579 PARTS 576-579 [RESERVED]
4440. SUBCHAPTER H APPEAL PROCEEDINGS BEFORE THE COMMISSION
4441. PART 580 RULES OF GENERAL APPLICATION IN APPEAL PROCEEDINGS BEFORE THE COMMISSION
4442. § 580.1 What definitions apply?
4443. § 580.2 When may the Commission waive its procedural rules governing appellate proceedings before the Commission?
4444. § 580.3 Who may appear before the Commission?
4445. § 580.4 How do I effect service?
4446. § 580.5 What happens if I file late or fail to file?
4447. § 580.6 How is time computed?
4448. § 580.7 What is the burden of proof and standard of review?
4449. § 580.8 What will the Commission's final decision contain?
4450. § 580.9 What is the effective date of the Commission's final decision?
4451. § 580.10 Is the Commission's decision a final agency action?
4452. § 580.11 What if the Commission does not issue a majority decision?
4453. § 580.12 Does an appeal of a Chair's decision stay the effect of that decision?
4454. PART 581 MOTIONS IN APPEAL PROCEEDINGS BEFORE THE COMMISSION
4455. § 581.1 What is the scope of this part?
4456. § 581.2 How does an entity other than a tribe request to participate on a limited basis in an ordinance appeal?
4457. § 581.3 How do I file a motion to intervene in appeals?
4458. § 581.4 How do I file a motion before a presiding official?
4459. § 581.5 How do I file a motion to supplement the record?
4460. § 581.6 How do I file a motion for reconsideration?
4461. PART 582 APPEALS OF DISAPPROVALS OF GAMING ORDINANCES, RESOLUTIONS, OR AMENDMENTS
4462. § 582.1 What does this part cover?
4463. § 582.2 Who may appeal the disapproval of a gaming ordinance?
4464. § 582.3 How do I appeal the disapproval of a gaming ordinance?
4465. § 582.4 Are motions permitted?
4466. § 582.5 How does an entity other than a tribe request to participate on a limited basis?
4467. § 582.6 When will I receive a copy of the record on which the Chair relied?
4468. § 582.7 When will the Commission issue its final decision?
4469. PART 583 APPEALS FROM APPROVALS OR DISAPPROVALS OF MANAGEMENT CONTRACTS OR AMENDMENTS TO MANAGEMENT CONTRACTS
4470. § 583.1 What does this part cover?
4471. § 583.2 Who may appeal the approval or disapproval of a management contract or amendment to a management contract?
4472. § 583.3 How do I appeal the approval or disapproval of a management contract or amendment to a management contract?
4473. § 583.4 Are motions permitted?
4474. § 583.5 When will I receive a copy of the record on which the Chair relied?
4475. § 583.6 When will the Commission issue its final decision?
4476. PART 584 APPEALS BEFORE A PRESIDING OFFICIAL
4477. § 584.1 What does this part cover?
4478. § 584.2 Who may appeal?
4479. § 584.3 How do I appeal a notice of violation, proposed civil fine assessment, order of temporary closure, the Chair's decision to void or modify a management contract, the Commission's proposal to remove a certificate of self-regulation, the Chair's decision to approve or object to a tribal gaming regulatory authority's adoption of alternate standards from those required by the Commission's minimum internal control standards and/or technical standards, and a notice of late fees and late fee assessments?
4480. § 584.4 Are motions permitted?
4481. § 584.5 How do I file a motion to intervene?
4482. § 584.6 When will the hearing be held?
4483. § 584.7 When will I receive a copy of the record on which the Chair relied?
4484. § 584.8 What is the hearing process?
4485. § 584.9 How may I request to limit disclosure of confidential information?
4486. § 584.10 What is the process for pursuing settlement or a consent decree?
4487. § 584.11 Will the hearing be transcribed?
4488. § 584.12 What happens after the hearing?
4489. § 584.13 May I file an objection to the recommended decision?
4490. § 584.14 When will the Commission issue its final decision?
4491. PART 585 APPEALS TO THE COMMISSION
4492. § 585.1 What does this part cover?
4493. § 585.2 Who may appeal?
4494. § 585.3 How do I appeal a notice of violation, proposed civil fine assessment, order of temporary closure, the Chair's decision to void or modify a management contract, the Commission's proposal to remove a certificate of self regulation, the Chair's decision to approve or object to a tribal gaming regulatory authority's adoption of alternate standards from those required by the Commission's minimum internal control standards and/or technical standards, and notices of late fees and late fee assessments?
4495. § 585.4 Are motions permitted?
4496. § 585.5 How do I file a motion to intervene?
4497. § 585.6 When will I receive a copy of the record on which the Chair relied?
4498. § 585.7 When will the Commission issue its decision?
4499. § 585.8 What is the process for pursuing settlement in an appeal to the Commission?
4500. 586-589 PARTS 586-589 [RESERVED]
4501. I [RESERVED] SUBCHAPTER I [RESERVED]
4502. 590-599 PARTS 590-599 [RESERVED]
4503. CHAPTER IV THE OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
4504. PART 700 COMMISSION OPERATIONS AND RELOCATION PROCEDURES
4505. Subpart A General Policies and Instructions
4506. § 700.1 Purpose.
4507. § 700.3 Assurances with respect to acquisition and displacement.
4508. § 700.5 Supersedure of regulations.
4509. § 700.11 Manner of notice.
4510. § 700.13 Waiver of regulations.
4511. § 700.15 Waiver of rights by owner.
4512. 3 Definitions
4513. § 700.31 Applicability of definitions.
4514. § 700.33 Act (The Act).
4515. § 700.35 Applicant.
4516. § 700.37 Application for relocation assistance benefits and agreement to move.
4517. § 700.39 Appraisal.
4518. § 700.41 Appraiser.
4519. § 700.43 Assistance payment.
4520. § 700.45 Business.
4521. § 700.47 Commission.
4522. § 700.49 Certified eligible head of household.
4523. § 700.51 Custodial parent.
4524. § 700.53 Dwelling, replacement.
4525. § 700.55 Decent, safe, and sanitary dwelling.
4526. § 700.57 Dependent.
4527. § 700.59 Displaced person.
4528. § 700.61 Fair market value.
4529. § 700.65 Farm operation.
4530. § 700.67 Habitation.
4531. § 700.69 Head of household.
4532. § 700.71 Improvements.
4533. § 700.77 Livestock.
4534. § 700.79 Marriage.
4535. § 700.81 Monthly housing cost.
4536. § 700.83 Nonprofit organization.
4537. § 700.85 Owner.
4538. § 700.87 Person.
4539. § 700.89 Relocation contract.
4540. § 700.91 Relocation report.
4541. § 700.93 Relocation plan.
4542. § 700.95 Replacement housing funds.
4543. § 700.97 Residence.
4544. § 700.99 Salvage value.
4545. § 700.101 Single person.
4546. § 700.103 Uniform Act.
4547. § 700.105 Utility charges.
4548. Subpart B Acquisition and Disposal of Habitations and/or Improvements
4549. § 700.111 Applicability of acquisition requirements.
4550. § 700.113 Basic acquisition policies.
4551. § 700.115 Preliminary acquisition notice.
4552. § 700.117 Criteria for appraisals.
4553. § 700.119 Establishment of fair market value.
4554. § 700.121 Statement of the basis for the determination of fair market value.
4555. § 700.123 Expenses incidental to transfer of ownership to the Commission.
4556. § 700.125 Disposal of property.
4557. § 700.127 Payments for acquisition of improvements.
4558. Subpart C General Relocation Requirements
4559. § 700.131 Purpose and applicability.
4560. § 700.133 Notice of displacement.
4561. § 700.135 Relocation assistance advisory services.
4562. § 700.137 Final date for voluntary relocation application.
4563. § 700.138 Persons who have not applied for voluntary relocation by July 7, 1986.
4564. § 700.139 Referral for action.
4565. § 700.141 General requirements—claims for relocation payments.
4566. § 700.143 Payments for divorced or separated relocatees.
4567. § 700.145 Payments to estates.
4568. § 700.147 Eligibility.
4569. Subpart D Moving and Related Expenses, Temporary Emergency Moves
4570. § 700.151 Eligibility.
4571. § 700.153 Actual reasonable moving and related expenses—residential moves.
4572. § 700.155 Expenses in searching for replacement dwelling—residential move.
4573. § 700.157 Actual reasonable moving and related expenses—nonresidential moves.
4574. § 700.159 Payment for direct loss of personal property—nonresidential moves.
4575. § 700.161 Substitute personal property—nonresidential moves.
4576. § 700.163 Expenses in searching for replacement location—nonresidential moves.
4577. § 700.165 Ineligible moving and related expenses.
4578. § 700.167 Moving and related expenses—fixed payment.
4579. § 700.169 Fixed payment for moving expenses—residential moves.
4580. § 700.171 Fixed payment for moving expenses—nonresidential moves.
4581. § 700.173 Average net earnings of business or farm.
4582. § 700.175 Temporary emergency moves.
4583. Subpart E Replacement Housing Payments
4584. § 700.181 Eligibility.
4585. § 700.183 Determination of replacement housing benefit.
4586. § 700.187 Utilization of replacement home benefits.
4587. § 700.189 Expenditure of replacement home benefits.
4588. Subpart F Incidental Expenses
4589. § 700.195 General.
4590. § 700.197 Basic eligibility requirements.
4591. § 700.199 Incidental expenses.
4592. Subpart G Assistance Payments (Incentive Bonus)
4593. § 700.205 Eligibility requirements.
4594. Subpart H Last Resort Replacement Housing
4595. § 700.209 Applicability.
4596. § 700.211 Basic rights and rules.
4597. § 700.213 Methods of providing last resort replacement housing.
4598. Subpart I Commission Operations
4599. § 700.219 General.
4600. Subpart J Inspection of Records
4601. § 700.235 Purpose and scope.
4602. § 700.237 Definitions.
4603. § 700.239 Records available.
4604. § 700.241 Request for records.
4605. § 700.243 Action on initial requests.
4606. § 700.245 Time limits on processing of initial requests.
4607. § 700.247 Appeals.
4608. § 700.249 Action on appeals.
4609. § 700.251 Fees.
4610. Subpart K Privacy Act
4611. § 700.255 Purpose and scope.
4612. § 700.257 Definitions.
4613. § 700.259 Records subject to Privacy Act.
4614. § 700.261 Standards for maintenance of records subject to the Act.
4615. § 700.263 Assuring integrity of records.
4616. § 700.265 Conduct of employees.
4617. § 700.267 Disclosure of records.
4618. § 700.269 Accounting for disclosures.
4619. § 700.271 Requests for notification of existence of records: Submission.
4620. § 700.273 Request for notification of existence of records: Action on.
4621. § 700.275 Requests for access to records.
4622. § 700.277 Requests for access to records: Submission.
4623. § 700.279 Requests for access to records: Initial decision.
4624. § 700.281 Requests for notification of existence of records and for access to records: Appeals.
4625. § 700.283 Requests for access to records: Special situations.
4626. § 700.285 Amendment of records.
4627. § 700.287 Petitions for amendment: Submission and form.
4628. § 700.289 Petitions for amendment: Processing and initial decision.
4629. § 700.291 Petitions for amendment: Time limits for processing.
4630. § 700.293 Petitions for amendment: Appeals.
4631. § 700.295 Petitions for amendment: Action on appeals.
4632. § 700.297 Statements of disagreement.
4633. Subpart L Determination of Eligibility, Hearing and Administrative Review (Appeals)
4634. § 700.301 Definitions.
4635. § 700.303 Initial Commission determinations.
4636. § 700.305 Availability of hearings.
4637. § 700.307 Request for hearings.
4638. § 700.309 Presiding officers.
4639. § 700.311 Hearing scheduling and documents.
4640. § 700.313 Evidence and procedure.
4641. § 700.315 Post-hearing briefs.
4642. § 700.317 Presiding officer decisions.
4643. § 700.319 Final agency action.
4644. § 700.321 Direct appeal to Commissioners.
4645. Subpart M Life Estate Leases
4646. § 700.331 Application for life estate leases.
4647. § 700.333 Determination of disability.
4648. § 700.335 Grouping and granting of applications for life estate leases.
4649. § 700.337 Establishment of boundaries of life estate leases.
4650. § 700.339 Residency on life estate leases.
4651. § 700.341 Access to life estate leases.
4652. § 700.343 Life estate leases.
4653. Subpart N Discretionary Funds
4654. § 700.451 Purpose.
4655. § 700.453 Definitions.
4656. § 700.455 Financial assistance.
4657. § 700.457 Assistance to match or pay 30% of grants, contracts or other expenditures.
4658. § 700.459 Assistance for demonstration projects and for provision of related facilities and services.
4659. § 700.461 Method for soliciting applications.
4660. § 700.463 Requirements for applications.
4661. § 700.465 Technical feasibility.
4662. § 700.467 Construction costs.
4663. § 700.469 Unallowable program and project costs.
4664. § 700.471 Review and approval.
4665. § 700.473 Administrative expenditures of the Commission.
4666. § 700.475 Reports.
4667. § 700.477 Administration of financial assistance and recordkeeping requirements.
4668. § 700.479 Administrative review.
4669. Subpart O Employee Responsibility and Conduct
4670. § 700.501 Statement of purpose.
4671. § 700.503 Definitions.
4672. § 700.505 Coverage.
4673. § 700.507 Responsibilities.
4674. § 700.509 Duties of the designated agency ethics official.
4675. § 700.511 Statements of employment and financial interests.
4676. § 700.513 Business dealings on behalf of the government.
4677. § 700.515 Conflicts of interest.
4678. § 700.517 Affiliations and financial interests.
4679. § 700.519 Gifts, entertainment and favors.
4680. § 700.521 Outside work and interests.
4681. § 700.523 Business relationships among employees.
4682. § 700.525 Use of government information or expertise.
4683. § 700.527 Endorsements.
4684. § 700.529 Negotiations for employment.
4685. § 700.531 Government property.
4686. § 700.533 Restrictions affecting travel and travel expense reimbursement.
4687. § 700.535 Nepotism.
4688. § 700.537 Indebtedness.
4689. § 700.539 Soliciting contributions.
4690. § 700.541 Fraud or false statement in a Government matter.
4691. § 700.543 Gambling.
4692. § 700.545 Alcoholism and drug abuse.
4693. § 700.547 Consuming intoxicants on Government premises or during duty hours.
4694. § 700.549 Employee organizations.
4695. § 700.551 Franking privilege and official stationery.
4696. § 700.553 Use of official titles.
4697. § 700.555 Notary services.
4698. § 700.557 Political activity.
4699. § 700.559 Equal opportunity.
4700. § 700.561 Sexual harassment.
4701. § 700.563 Statutory restrictions from 18 U.S.C. 207, which are applicable to former Government employees.
4702. § 700.565 Miscellaneous statutory provisions.
4703. Subpart P Hopi Reservation Evictees
4704. § 700.601 Definitions.
4705. § 700.603 Eligibility.
4706. § 700.605 Relocation assistance.
4707. § 700.607 Dual eligibility.
4708. § 700.609 Appeals.
4709. § 700.611 Application deadline.
4710. Subpart Q New Lands Grazing
4711. § 700.701 Definitions.
4712. § 700.703 Authority.
4713. § 700.705 Objectives.
4714. § 700.707 Regulations; scope.
4715. § 700.709 Grazing privileges.
4716. § 700.711 Grazing permits.
4717. § 700.713 Tenure of grazing permits.
4718. § 700.715 Assignment, modification, and cancellation of grazing permits.
4719. § 700.717 Stocking rate.
4720. § 700.719 Establishment of grazing fees.
4721. § 700.721 Range management plans.
4722. § 700.722 Grazing associations.
4723. § 700.723 Control of livestock disease and parasites.
4724. § 700.725 Livestock trespass.
4725. § 700.727 Impoundment and disposal of unauthorized livestock.
4726. § 700.729 Amendments.
4727. § 700.731 Appeals.
4728. Subpart R Protection of Archaeological Resources
4729. § 700.801 Purpose.
4730. § 700.803 Authority.
4731. § 700.805 Definitions.
4732. § 700.807 Prohibited Acts.
4733. § 700.809 Permit requirements and exceptions.
4734. § 700.811 Application for permits and information collection.
4735. § 700.813 Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance.
4736. § 700.815 Issuance of permits.
4737. § 700.817 Terms and conditions of permits.
4738. § 700.819 Suspension and revocation of permits.
4739. § 700.821 Appeals relating to permits.
4740. § 700.823 Permit reviews and disputes.
4741. § 700.825 Relationship to section 106 of the National Historic Preservation Act.
4742. § 700.827 Custody of Archaeological resources.
4743. § 700.829 Determination of archaeological or commercial value and cost of restoration and repair.
4744. § 700.831 Assessment of civil penalties.
4745. § 700.833 Civil penalty amounts.
4746. § 700.835 Other penalties and rewards.
4747. § 700.837 Confidentiality of archaeological resource information.
4748. § 700.839 Report.
4749. § 700.841 Determination of loss or absence of archaeological interest.
4750. § 700.843 Permitting procedures for Navajo Nation Lands.
4751. PART 720 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE NAVAJO AND HOPI INDIAN RELOCATION COMMISSION
4752. § 720.101 Purpose.
4753. § 720.102 Application.
4754. § 720.103 Definitions.
4755. §§ 720.104-720.109 [Reserved]
4756. § 720.110 Self-evaluation.
4757. § 720.111 Notice.
4758. §§ 720.112-720.129 [Reserved]
4759. § 720.130 General prohibitions against discrimination.
4760. §§ 720.131-720.139 [Reserved]
4761. § 720.140 Employment.
4762. §§ 720.141-720.148 [Reserved]
4763. § 720.149 Program accessibility: Discrimination prohibited.
4764. § 720.150 Program accessibility: Existing facilities.
4765. § 720.151 Program accessibility: New construction and alterations.
4766. §§ 720.152-720.159 [Reserved]
4767. § 720.160 Communications.
4768. §§ 720.161-720.169 [Reserved]
4769. § 720.170 Compliance procedures.
4770. 721-899 PARTS 721-899 [RESERVED]
4771. CHAPTER V BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
4772. PART 900 CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
4773. Subpart A General Provisions
4774. § 900.1 Authority.
4775. § 900.2 Purpose and scope.
4776. § 900.3 Policy statements.
4777. § 900.4 Effect on existing tribal rights.
4778. § 900.5 Effect of these regulations on Federal program guidelines, manual, or policy directives.
4779. Subpart B Definitions
4780. § 900.6 Definitions.
4781. Subpart C Contract Proposal Contents
4782. § 900.7 What technical assistance is available to assist in preparing an initial contract proposal?
4783. § 900.8 What must an initial contract proposal contain?
4784. § 900.9 May the Secretary require an Indian tribe or tribal organization to submit any other information beyond that identified in § 900.8?
4785. § 900.10 How does an Indian tribe or tribal organization secure a list of all Federal property currently in use in carrying out the programs, functions, services, or activities that benefit the Indian tribe or tribal organization to assist in negotiating a contract?
4786. § 900.11 What should an Indian tribe or tribal organization that is proposing a contract do about specifying the Federal property that the Indian tribe or tribal organization may wish to use in carrying out the contract?
4787. § 900.12 Are the proposal contents requirements the same for renewal of a contract that is expiring and for securing an annual funding agreement after the first year of the funding agreement?
4788. § 900.13 Does the contract proposal become part of the final contract?
4789. Subpart D Review and Approval of Contract Proposals
4790. § 900.14 What does this subpart cover?
4791. § 900.15 What shall the Secretary do upon receiving a proposal?
4792. § 900.16 How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal?
4793. § 900.17 Can the statutory 90-day period be extended?
4794. § 900.18 What happens if a proposal is not declined within 90 days after it is received by the Secretary?
4795. § 900.19 What happens when a proposal is approved?
4796. Subpart E Declination Procedures
4797. § 900.20 What does this subpart cover?
4798. § 900.21 When can a proposal be declined?
4799. § 900.22 For what reasons can the Secretary decline a proposal?
4800. § 900.23 Can the Secretary decline a proposal where the Secretary's objection can be overcome through the contract?
4801. § 900.24 Can a contract proposal for an Indian tribe or tribal organization's share of administrative programs, functions, services, and activities be declined for any reason other than the five reasons specified in § 900.22?
4802. § 900.25 What if only a portion of a proposal raises one of the five declination criteria?
4803. § 900.26 What happens if the Secretary declines a part of a proposal on the ground that the proposal proposes in part to plan, conduct, or administer a program, function, service or activity that is beyond the scope of programs covered under section 102(a) of the Act, or proposes a level of funding that is in excess of the applicable level determined under section 106(a) of the Act?
4804. § 900.27 If an Indian tribe or tribal organization elects to contract for a severable portion of a proposal, does the Indian tribe or tribal organization lose its appeal rights to challenge the portion of the proposal that was declined?
4805. § 900.28 Is technical assistance available to an Indian tribe or tribal organization to avoid declination of a proposal?
4806. § 900.29 What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal?
4807. § 900.30 When the Secretary declines all or a portion of a proposal, is the Secretary required to provide an Indian tribe or tribal organization with technical assistance?
4808. § 900.31 When the Secretary declines all or a portion of a proposal, is an Indian tribe or tribal organization entitled to any appeal?
4809. § 900.32 Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement?
4810. § 900.33 Are all proposals to renew term contracts subject to the declination criteria?
4811. Subpart F Standards for Tribal or Tribal Organization Management Systems
4812. 20 General
4813. § 900.35 What is the purpose of this subpart?
4814. § 900.36 What requirements are imposed upon Indian tribes or tribal organizations by this subpart?
4815. § 900.37 What provisions of Office of Management and Budget (OMB) circulars or the “common rule” apply to self-determination contracts?
4816. § 900.38 Do these standards apply to the subcontractors of an Indian tribe or tribal organization carrying out a self-determination contract?
4817. § 900.39 What is the difference between a standard and a system?
4818. § 900.40 When are Indian tribe or tribal organization management standards and management systems evaluated?
4819. § 900.41 How long must an Indian tribe or tribal organization keep management system records?
4820. 21 Standards for Financial Management Systems
4821. § 900.42 What are the general financial management system standards that apply to an Indian tribe carrying out a self-determination contract?
4822. § 900.43 What are the general financial management system standards that apply to a tribal organization carrying out a self-determination contract?
4823. § 900.44 What minimum general standards apply to all Indian tribe or tribal organization financial management systems when carrying out a self-determination contract?
4824. § 900.45 What specific minimum requirements shall an Indian tribe or tribal organization's financial management system contain to meet these standards?
4825. § 900.46 What requirements are imposed upon the Secretary for financial management by these standards?
4826. 22 Procurement Management System Standards
4827. § 900.47 When procuring property or services with self-determination contract funds, can an Indian tribe or tribal organization follow the same procurement policies and procedures applicable to other Indian tribe or tribal organization funds?
4828. § 900.48 If the Indian tribe or tribal organization does not propose different standards, what basic standards shall the Indian tribe or tribal organization follow?
4829. § 900.49 What procurement standards apply to subcontracts?
4830. § 900.50 What Federal laws, regulations, and Executive Orders apply to subcontractors?
4831. 23 Property Management System Standards
4832. § 900.51 What is an Indian tribe or tribal organization's property management system expected to do?
4833. § 900.52 What type of property is the property management system required to track?
4834. § 900.53 What kind of records shall the property management system maintain?
4835. § 900.54 Should the property management system prescribe internal controls?
4836. § 900.55 What are the standards for inventories?
4837. § 900.56 What maintenance is required for property?
4838. § 900.57 What if the Indian tribe or tribal organization chooses not to take title to property furnished or acquired under the contract?
4839. § 900.58 Do the same accountability and control procedures described above apply to Federal property?
4840. § 900.59 How are the inventory requirements for Federal property different than for tribal property?
4841. § 900.60 How does an Indian tribe or tribal organization dispose of Federal personal property?
4842. Subpart G Programmatic Reports and Data Requirements
4843. § 900.65 What programmatic reports and data shall the Indian tribe or tribal organization provide?
4844. § 900.66 What happens if the Indian tribe or tribal organization and the Secretary cannot come to an agreement concerning the type and/or frequency of program narrative and/or program data report(s)?
4845. § 900.67 Will there be a uniform data set for all IHS programs?
4846. § 900.68 Will this uniform data set be required of all Indian tribe or tribal organizations contracting with the IHS under the Act?
4847. Subpart H Lease of Tribally-Owned Buildings by the Secretary
4848. § 900.69 What is the purpose of this subpart?
4849. § 900.70 What elements are included in the compensation for a lease entered into between the Secretary and an Indian tribe or tribal organization for a building owned or leased by the Indian tribe or tribal organization that is used for administration or delivery of services under the Act?
4850. § 900.71 What type of reserve fund is anticipated for funds deposited into a reserve for replacement of facilities as specified in § 900.70(c)?
4851. § 900.72 Who is the guardian of the fund and may the funds be invested?
4852. § 900.73 Is a lease with the Secretary the only method available to recover the types of cost described in § 900.70?
4853. § 900.74 How may an Indian tribe or tribal organization propose a lease to be compensated for the use of facilities?
4854. Subpart I Property Donation Procedures
4855. 24 General
4856. § 900.85 What is the purpose of this subpart?
4857. § 900.86 How will the Secretary exercise discretion to acquire and donate BIA or IHS excess property and excess and surplus Federal property to an Indian tribe or tribal organization?
4858. 25 Government-Furnished Property
4859. § 900.87 How does an Indian tribe or tribal organization obtain title to property furnished by the Federal government for use in the performance of a contract or grant agreement pursuant to section 105(f)(2)(A) of the Act?
4860. § 900.88 What should the Indian tribe or tribal organization do if it wants to obtain title to government-furnished real property that includes land not already held in trust?
4861. § 900.89 When may the Secretary elect to reacquire government-furnished property whose title has been transferred to an Indian tribe or tribal organization?
4862. § 900.90 Does government-furnished real property to which an Indian tribe or tribal organization has taken title continue to be eligible for facilities operation and maintenance funding from the Secretary?
4863. 26 Contractor-Purchased Property
4864. § 900.91 Who takes title to property purchased with funds under a self-determination contract or grant agreement pursuant to section 105(f)(2)(A) of the Act?
4865. § 900.92 What should the Indian tribe or tribal organization do if it wants contractor-purchased real property to be taken into trust?
4866. § 900.93 When may the Secretary elect to acquire title to contractor-purchased property?
4867. § 900.94 Is contractor-purchased real property to which an Indian tribe or tribal organization holds title eligible for facilities operation and maintenance funding from the Secretary?
4868. 27 BIA and IHS Excess Property
4869. § 900.95 What is BIA or IHS excess property?
4870. § 900.96 How can Indian tribes or tribal organizations learn about BIA and IHS excess property?
4871. § 900.97 How can an Indian tribe or tribal organization acquire excess BIA or IHS property?
4872. § 900.98 Who takes title to excess BIA or IHS property donated to an Indian tribe or tribal organization?
4873. § 900.99 Who takes title to any land that is part of excess BIA or IHS real property donated to an Indian tribe or tribal organization?
4874. § 900.100 May the Secretary elect to reacquire excess BIA or IHS property whose title has been transferred to an Indian tribe or tribal organization?
4875. § 900.101 Is excess BIA or IHS real property to which an Indian tribe or tribal organization has taken title eligible for facilities operation and maintenance funding from the Secretary?
4876. 28 Excess or Surplus Government Property of Other Agencies
4877. § 900.102 What is excess or surplus government property of other agencies?
4878. § 900.103 How can Indian tribes or tribal organizations learn about property that has been designated as excess or surplus government property?
4879. § 900.104 How may an Indian tribe or tribal organization receive excess or surplus government property of other agencies?
4880. § 900.105 Who takes title to excess or surplus Federal property donated to an Indian tribe or tribal organization?
4881. § 900.106 If a contract or grant agreement or portion thereof is retroceded, reassumed, terminated, or expires, may the Secretary reacquire title to excess or surplus Federal property of other agencies that was donated to an Indian tribe or tribal organization?
4882. 29 Property Eligible for Replacement Funding
4883. § 900.107 What property to which an Indian tribe or tribal organization obtains title under this subpart is eligible for replacement funding?
4884. Subpart J Construction
4885. § 900.110 What does this subpart cover?
4886. § 900.111 What activities of construction programs are contractible?
4887. § 900.112 What are construction phases?
4888. § 900.113 Definitions.
4889. § 900.114 Why is there a separate subpart in these regulations for construction contracts and grants?
4890. § 900.115 How do self-determination construction contracts relate to ordinary Federal procurement contracts?
4891. § 900.116 Are negotiated fixed-price contracts treated the same as cost-reimbursable contracts?
4892. § 900.117 Do these “construction contract” regulations apply to planning services?
4893. § 900.118 Do these “construction contract” regulations apply to construction management services?
4894. § 900.119 To what extent shall the Secretary consult with affected Indian tribes before spending funds for any construction project?
4895. § 900.120 How does an Indian tribe or tribal organization find out about a construction project?
4896. § 900.121 What happens during the preplanning phase and can an Indian tribe or tribal organization perform any of the activities involved in this process?
4897. § 900.122 What does an Indian tribe or tribal organization do if it wants to secure a construction contract?
4898. § 900.123 What happens if the Indian tribe or tribal organization and the Secretary cannot develop a mutually agreeable contract proposal?
4899. § 900.124 May the Indian tribe or tribal organization elect to use a grant in lieu of a contract?
4900. § 900.125 What shall a construction contract proposal contain?
4901. § 900.126 Shall a construction contract proposal incorporate provisions of Federal construction guidelines and manuals?
4902. § 900.127 What can be included in the Indian tribe or tribal organization's contract budget?
4903. § 900.128 What funding shall the Secretary provide in a construction contract?
4904. § 900.129 How do the Secretary and Indian tribe or tribal organization arrive at an overall fair and reasonable price for the performance of a construction contract?
4905. § 900.130 What role does the Indian tribe or tribal organization play during the performance of a self-determination construction contract?
4906. § 900.131 What role does the Secretary play during the performance of a self-determination construction contract?
4907. § 900.132 Once a contract and/or grant is awarded, how will the Indian tribe or tribal organization receive payments?
4908. § 900.133 Does the declination process or the Contract Dispute Act apply to construction contract amendments proposed either by an Indian tribe or tribal organization or the Secretary?
4909. § 900.134 At the end of a self-determination construction contract, what happens to savings on a cost-reimbursement contract?
4910. § 900.135 May the time frames for action set out in this subpart be reduced?
4911. § 900.136 Do tribal employment rights ordinances apply to construction contracts and subcontracts?
4912. § 900.137 Do all provisions of the other subparts apply to contracts awarded under this subpart?
4913. Subpart K Waiver Procedures
4914. § 900.140 Can any provision of the regulations under this part be waived?
4915. § 900.141 How does an Indian tribe or tribal organization get a waiver?
4916. § 900.142 Does an Indian tribe or tribal organization's waiver request have to be included in an initial contract proposal?
4917. § 900.143 How is a waiver request processed?
4918. § 900.144 What happens if the Secretary makes no decision within the 90-day period?
4919. § 900.145 On what basis may the Secretary deny a waiver request?
4920. § 900.146 Is technical assistance available for waiver requests?
4921. § 900.147 What appeal rights are available?
4922. § 900.148 How can an Indian tribe or tribal organization secure a determination that a law or regulation has been superseded by the Indian Self-Determination Act, as specified in section 107(b) of the Act?
4923. Subpart L Appeals
4924. 30 Appeals Other Than Emergency Reassumption and Suspension, Withholding or Delay in Payment
4925. § 900.150 What decisions can an Indian tribe or tribal organization appeal under this subpart?
4926. § 900.151 Are there any appeals this subpart does not cover?
4927. § 900.152 How does an Indian tribe or tribal organization know where and when to file its appeal from decisions made by agencies of DOI or DHHS?
4928. § 900.153 Does an Indian tribe or tribal organization have any options besides an appeal?
4929. § 900.154 How does an Indian tribe or tribal organization request an informal conference?
4930. § 900.155 How is an informal conference held?
4931. § 900.156 What happens after the informal conference?
4932. § 900.157 Is the recommended decision always final?
4933. § 900.158 How does an Indian tribe or tribal organization 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?
4934. § 900.159 May an Indian tribe or tribal organization get an extension of time to file a notice of appeal?
4935. § 900.160 What happens after an Indian tribe or tribal organization files an appeal?
4936. § 900.161 How is a hearing arranged?
4937. § 900.162 What happens when a hearing is necessary?
4938. § 900.163 What is the Secretary's burden of proof for appeals from decisions under § 900.150(a) through § 900.150(g)?
4939. § 900.164 What rights do Indian tribes, tribal organizations, and the government have during the appeal process?
4940. § 900.165 What happens after the hearing?
4941. § 900.166 Is the recommended decision always final?
4942. § 900.167 If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?
4943. § 900.168 Will an appeal hurt the Indian tribe or tribal organization's position in other contract negotiations?
4944. § 900.169 Will the decisions on appeals be available for the public to review?
4945. 31 Appeals of Emergency Reassumption of Self-Determination Contracts or Suspensions, Withholding or Delay of Payments Under a Self-Determination Contract
4946. § 900.170 What happens in the case of emergency reassumption or suspension or withholding or delay of payments?
4947. § 900.171 Will there be a hearing?
4948. § 900.172 What happens after the hearing?
4949. § 900.173 Is the recommended decision always final?
4950. § 900.174 If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?
4951. § 900.175 Will an appeal hurt an Indian tribe or tribal organization's position in other contract negotiations?
4952. § 900.176 Will the decisions on appeals be available for the public to review?
4953. 32 Applicability of the Equal Access to Justice Act
4954. § 900.177 Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
4955. Subpart M Federal Tort Claims Act Coverage General Provisions
4956. § 900.180 What does this subpart cover?
4957. § 900.181 What definitions apply to this subpart?
4958. § 900.182 What other statutes and regulations apply to FTCA coverage?
4959. § 900.183 Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?
4960. § 900.184 Is there a deadline for filing FTCA claims?
4961. § 900.185 How long does the Federal government have to process an FTCA claim after the claim is received by the Federal agency, before a lawsuit may be filed?
4962. § 900.186 Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage?
4963. § 900.187 Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract?
4964. § 900.188 To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance?
4965. § 900.189 Does this coverage extend to subcontractors of self-determination contracts?
4966. 33 Medical-Related Claims
4967. § 900.190 Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract?
4968. § 900.191 Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?
4969. § 900.192 What employees are covered by FTCA for medical-related claims?
4970. § 900.193 Does FTCA coverage extend to individuals who provide health care services under a personal services contract providing services in a facility that is owned, operated, or constructed under the jurisdiction of the IHS?
4971. § 900.194 Does FTCA coverage extend to services provided under a staff privileges agreement with a non-IHS facility where the agreement requires a health care practitioner to provide reciprocal services to the general population?
4972. § 900.195 Does FTCA coverage extend to the contractor's health care practitioners providing services to private patients on a fee-for-services basis when such personnel (not the self-determination contractor) receive the fee?
4973. § 900.196 Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles?
4974. § 900.197 Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract?
4975. § 900.198 Are Federal employees assigned to a self-determination contractor under the Intergovernmental Personnel Act or detailed under section 214 of the Public Health Service Act covered to the same extent that they would be if working directly for a Federal agency?
4976. § 900.199 Does FTCA coverage extend to health care practitioners to whom staff privileges have been extended in contractor health care facilities operated under a self-determination contract on the condition that such practitioner provide health services to IHS beneficiaries covered by FTCA?
4977. § 900.200 May persons who are not Indians or Alaska Natives assert claims under FTCA?
4978. 34 Procedure for Filing Medical-Related Claims
4979. § 900.201 How should claims arising out of the performance of medical-related functions be filed?
4980. § 900.202 What should a self-determination contractor or a contractor's employee do on receiving such a claim?
4981. § 900.203 If the contractor or contractor's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should the contractor do?
4982. 35 Non-Medical Related Claims
4983. § 900.204 Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract?
4984. § 900.205 To what non-medical-related claims against self-determination contractors does FTCA apply?
4985. § 900.206 What employees are covered by FTCA for non-medical-related claims?
4986. § 900.207 How are non-medical related tort claims and lawsuits filed for IHS?
4987. § 900.208 How are non-medical related tort claims and lawsuits filed for DOI?
4988. § 900.209 What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim?
4989. § 900.210 If the contractor or contractor's employee receives a summons and/or complaint alleging a non-medical related tort covered by FTCA, what should an Indian tribe or tribal organization do?
4990. Subpart N Post-Award Contract Disputes
4991. § 900.215 What does this subpart cover?
4992. § 900.216 What other statutes and regulations apply to contract disputes?
4993. § 900.217 Is filing a claim under the CDA our only option for resolving post-award contract disputes?
4994. § 900.218 What is a claim under the CDA?
4995. § 900.219 How does an Indian tribe, tribal organization, or Federal agency submit a claim?
4996. § 900.220 Does it make a difference whether the claim is large or small?
4997. § 900.221 What happens next?
4998. § 900.222 What goes into a decision?
4999. § 900.223 When does an Indian tribe or tribal organization get the decision?
5000. § 900.224 What happens if the decision does not come within that time?
5001. § 900.225 Does an Indian tribe or tribal organization get paid immediately if the awarding official decides in its favor?
5002. § 900.226 What rules govern appeals of cost disallowances?
5003. § 900.227 Can the awarding official change the decision after it has been made?
5004. § 900.228 Is an Indian tribe or tribal organization entitled to interest if it wins its claim?
5005. § 900.229 What role will the awarding official play during an appeal?
5006. § 900.230 What is the effect of a pending appeal?
5007. Subpart O Conflicts of Interest
5008. § 900.231 What is an organizational conflict of interest?
5009. § 900.232 What must an Indian tribe or tribal organization do if an organizational conflict of interest arises under a contract?
5010. § 900.233 When must an Indian tribe or tribal organization regulate its employees or subcontractors to avoid a personal conflict of interest?
5011. § 900.234 What types of personal conflicts of interest involving tribal officers, employees or subcontractors would have to be regulated by an Indian tribe?
5012. § 900.235 What personal conflicts of interest must the standards of conduct regulate?
5013. § 900.236 May an Indian tribe elect to negotiate contract provisions on conflict of interest to take the place of this regulation?
5014. Subpart P Retrocession and Reassumption Procedures
5015. § 900.240 What does retrocession mean?
5016. § 900.241 Who may retrocede a contract, in whole or in part?
5017. § 900.242 What is the effective date of retrocession?
5018. § 900.243 What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract?
5019. § 900.244 Will an Indian tribe or tribal organization's retrocession adversely affect funding available for the retroceded program?
5020. § 900.245 What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the retroceded program?
5021. § 900.246 What does reassumption mean?
5022. § 900.247 Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?
5023. § 900.248 In a non-emergency reassumption, what is the Secretary required to do?
5024. § 900.249 What happens if the contractor fails to take corrective action to remedy the contract deficiencies identified in the notice?
5025. § 900.250 What shall the second written notice include?
5026. § 900.251 What is the earliest date on which the contract will be rescinded in a non-emergency reassumption?
5027. § 900.252 In an emergency reassumption, what is the Secretary required to do?
5028. § 900.253 What shall the written notice include?
5029. § 900.254 May the contractor be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of rescission?
5030. § 900.255 What obligation does the Indian tribe or tribal organization have with respect to returning property that was used in the operation of the rescinded contract?
5031. § 900.256 Will a reassumption adversely affect funding available for the reassumed program?
5032. 901-999 PARTS 901-999 [RESERVED]
5033. CHAPTER VI OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
5034. PART 1000 ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
5035. Subpart A General Provisions
5036. § 1000.1 What is the authority of this part?
5037. § 1000.5 What key terms do I need to know?
5038. § 1000.10 What is the purpose and scope of this part?
5039. § 1000.15 What is the congressional policy statement of this part?
5040. § 1000.20 What is the Secretarial policy of this part?
5041. § 1000.25 What is the effect on existing Tribal rights?
5042. § 1000.30 What is the effect of these regulations on Federal program guidelines, manual, or policy directives?
5043. § 1000.35 What happens if a court holds any provisions of these regulations in this part invalid?
5044. Subpart B Selection of Additional Tribes for Participation in Tribal Self-Governance
5045. 60 Purpose and Definitions
5046. § 1000.101 What is the purpose of this subpart?
5047. § 1000.105 What is a “signatory”?
5048. § 1000.110 What is a “nonsignatory Tribe”?
5049. 61 Eligibility
5050. § 1000.115 Who may participate in Tribal self-governance?
5051. § 1000.120 How many additional Tribes/Consortia may participate in self-governance per year?
5052. § 1000.125 What must a Tribe/Consortium submit to be selected to participate in Self-Governance?
5053. § 1000.130 What additional information may be submitted to the Secretary to facilitate negotiations?
5054. § 1000.135 May a Consortium member Tribe withdraw from the Consortium and be selected to participate in Self-Governance?
5055. § 1000.140 What is required during the “planning phase”?
5056. § 1000.145 When does a Tribe/Consortium have an uncorrected “significant and material audit exception”?
5057. § 1000.150 What are the consequences of having an uncorrected significant and material audit exception?
5058. § 1000.155 Is the Secretary required to provide technical assistance to improve a Tribe's/Consortium's internal controls?
5059. 62 Selection To Participate in Self-Governance
5060. § 1000.160 How is a Tribe/Consortium selected to participate in Self-Governance?
5061. § 1000.165 When does OSG accept requests to participate in Self-Governance?
5062. § 1000.170 Are there any time frames to negotiate an initial compact or funding agreement for a Tribe not presently participating in self-governance?
5063. § 1000.175 How does a Tribe/Consortium withdraw its request to participate in Self-Governance?
5064. § 1000.180 What if more than 50 Tribes/Consortium apply to participate in Self-Governance?
5065. § 1000.185 What happens if a request is not complete?
5066. § 1000.190 What happens if a Tribe/Consortium is selected to participate but does not execute a compact and a funding agreement?
5067. § 1000.195 May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(b)(2) of the Act without having or negotiating a funding agreement under 25 U.S.C. 5363(b)(1)?
5068. § 1000.200 May a Tribe/Consortium be selected to negotiate a funding agreement under section 403(c) (25 U.S.C. 5363(c)) without negotiating a funding agreement under 25 U.S.C. 5363(b)(1) and/or section 403(b)(2) (25 U.S.C. 5363(b)(2))?
5069. 63 Withdrawal From a Consortium Funding Agreement
5070. § 1000.205 What happens when a Tribe wishes to withdraw from a Consortium funding agreement?
5071. § 1000.210 How are funds redistributed when a withdrawing Tribe fully or partially withdraws from a compact and funding agreement and enters a new contract or compact?
5072. § 1000.215 If the withdrawing Tribe elects to operate a program carried out under a compact and funding agreement under title IV through a contract under title I, is the resulting contract considered a mature contract under 25 U.S.C. 5304(h)?
5073. § 1000.220 How are funds distributed when a withdrawing Tribe fully or partially withdraws from a Consortium's compact and funding agreement and the withdrawing Tribe does not enter a new contract or compact?
5074. § 1000.225 What amount of funding is to be removed from the Consortium's funding agreement for the withdrawing Tribe?
5075. § 1000.230 What happens if there is a dispute between the Consortium and the withdrawing Tribe?
5076. § 1000.235 When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated with a construction project if the withdrawing Tribe so requests?
5077. Subpart C Planning and Negotiation Grants for BIA Programs
5078. § 1000.301 What is the purpose of this subpart?
5079. § 1000.305 Are there grants available to assist Tribes/Consortia to meet the requirements to participate in self-governance?
5080. § 1000.310 What is required to request planning and negotiation grants?
5081. § 1000.315 Are planning and negotiation grants available?
5082. § 1000.320 Must a Tribe/Consortium receive a planning or negotiation grant to be eligible to participate in self-governance?
5083. § 1000.325 What happens if there are insufficient funds to award all of the requests for planning and negotiation grants in any given year?
5084. § 1000.330 May a Tribe/Consortium that has received a planning grant also receive a negotiation grant?
5085. § 1000.335 What are the Secretary's responsibilities upon a decision not to award a planning or negotiation grant?
5086. § 1000.340 May a Tribe/Consortium administratively appeal the Secretary's decision to not award a grant under this subpart?
5087. Subpart D Financial Assistance for Planning and Negotiation Activities for Non-BIA Bureau Programs
5088. § 1000.401 What is the purpose of this subpart?
5089. § 1000.405 What funds are available to Tribes/Consortium for planning and negotiating activities with non-BIA bureaus?
5090. § 1000.410 What kinds of planning and negotiation activities for non-BIA programs does financial assistance from non-BIA bureaus support?
5091. § 1000.415 Who can apply to a non-BIA bureau for financial assistance to plan and negotiate non-BIA programs?
5092. § 1000.420 Under what circumstances may financial assistance for planning and negotiation activities with non-BIA bureaus be awarded to Tribes/Consortia?
5093. § 1000.425 How does the Tribe/Consortium know when and how to apply for financial assistance for planning and negotiation activities for a non-BIA program?
5094. § 1000.430 What must be included in the application for financial assistance for planning and negotiation activities for a non-BIA program?
5095. § 1000.435 How will the non-BIA bureau director/commissioner award financial assistance for planning and negotiation activities for a non-BIA program?
5096. § 1000.440 May non-BIA bureaus provide technical assistance to a Tribe/Consortium in drafting its application?
5097. § 1000.445 What are the non-BIA bureau director's/commissioner's responsibilities upon a decision to decline financial assistance?
5098. § 1000.450 Can an applicant administratively appeal a decision not to award financial assistance?
5099. § 1000.455 May a Tribe/Consortium reapply through a future planning and negotiation application if it has been previously denied?
5100. § 1000.460 Will the non-BIA bureau notify Tribes/Consortium of the results of the selection process?
5101. Subpart E Compacts
5102. § 1000.501 What is a self-governance compact?
5103. § 1000.505 Which DOI office negotiates self-governance compacts?
5104. § 1000.510 What is included in a self-governance compact?
5105. § 1000.515 What provisions must be included in either a compact or funding agreement?
5106. § 1000.520 Is a compact required to participate in self-governance?
5107. § 1000.525 Can a Tribe/Consortium negotiate other terms and conditions?
5108. § 1000.530 What is the duration of a compact?
5109. § 1000.535 May a compact be amended?
5110. § 1000.540 Can a Tribe/Consortium have a funding agreement without having negotiated a compact?
5111. § 1000.545 May a participating Tribe/Consortium retain its existing compact which was executed prior to the enactment of Public Law 116-180?
5112. § 1000.550 What happens if the Tribe/Consortium and Secretary fail to reach an agreement on a compact?
5113. Subpart F Funding Agreements for BIA Programs
5114. § 1000.601 What is the purpose of this subpart?
5115. § 1000.605 What is a funding agreement?
5116. 64 Contents and Scope of Funding Agreements
5117. § 1000.610 What must be included in a funding agreement?
5118. § 1000.615 Can additional provisions be included in a funding agreement?
5119. § 1000.620 Does a Tribe/Consortium have the right to include provisions of title I of Public Law 93-638 in a funding agreement?
5120. § 1000.625 What is the term of a funding agreement?
5121. § 1000.630 Can a Tribe/Consortium negotiate a funding agreement with a term that exceeds one year?
5122. § 1000.635 Does a funding agreement remain in effect after the end of its term?
5123. § 1000.640 May a participating Tribe/Consortium retain its existing funding agreement which was executed prior to the enactment of Public Law 116-180?
5124. 65 Determining What Programs May Be Included in a Funding Agreement
5125. § 1000.645 What PSFAs may be included in a funding agreement?
5126. § 1000.650 How does the funding agreement specify the services provided, functions performed, and responsibilities assumed by the Tribe/Consortium and those retained by the Secretary?
5127. § 1000.655 May a Tribe/Consortium redesign or consolidate the programs that are included in a funding agreement and reallocate funds for such programs?
5128. § 1000.660 Do Tribes/Consortium need Secretarial approval to redesign BIA programs that the Tribe/Consortium administers under a funding agreement?
5129. § 1000.665 Can the terms and conditions in a funding agreement be amended during the year it is in effect?
5130. 66 Determining Funding Agreement Amounts
5131. § 1000.670 What funds must be transferred to a Tribe/Consortium under a funding agreement?
5132. § 1000.675 What funds may not be included in a funding agreement?
5133. § 1000.680 May the Secretary place any requirements on programs and funds that are otherwise available to Tribes/Consortium or Indians for which appropriations are made to agencies other than DOI?
5134. § 1000.685 What funds are used to carry out inherent Federal functions?
5135. § 1000.690 How does BIA determine the funding amount to carry out inherent Federal functions?
5136. § 1000.695 Is the amount of funds withheld by the Secretary to cover the cost of inherent Federal functions subject to negotiation?
5137. § 1000.700 May a Tribe/Consortium continue to negotiate a funding agreement pending an appeal of funding amounts associated with inherent Federal functions?
5138. § 1000.705 What is a Tribal share?
5139. § 1000.710 How does BIA determine a Tribe's/Consortium's share of funds to be included in a funding agreement?
5140. § 1000.715 Can a Tribe/Consortium negotiate a Tribal share for programs outside its region/agency?
5141. § 1000.720 May a Tribe/Consortium obtain discretionary or competitive funding that is distributed on a discretionary or competitive basis?
5142. § 1000.725 Are all funds identified as Tribal shares always paid to the Tribe/Consortium under a funding agreement?
5143. § 1000.730 How are savings that result from downsizing allocated?
5144. § 1000.735 Do Tribes/Consortium need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the funding agreement?
5145. § 1000.740 Can funding amounts negotiated in a funding agreement be adjusted during the year it is in effect?
5146. 67 Establishing Self-Governance Stable Base Budgets
5147. § 1000.745 What are self-governance stable base budgets?
5148. § 1000.750 Once a Tribe/Consortium establishes a stable base budget, are funding amounts renegotiated each year?
5149. § 1000.755 How are self-governance stable base budgets established?
5150. § 1000.760 How are self-governance stable base budgets adjusted?
5151. Subpart G Funding Agreements for Non-BIA Programs
5152. § 1000.801 What is the purpose of this subpart?
5153. § 1000.805 What is a funding agreement for a non-BIA program?
5154. § 1000.810 What non-BIA programs are eligible for inclusion in a funding agreement?
5155. § 1000.815 Are there non-BIA programs for which the Secretary must negotiate for inclusion in a funding agreement subject to such terms as the parties may negotiate?
5156. § 1000.820 What programs are included under section 403(b)(2) (25 U.S.C. 5363(b)(2))?
5157. § 1000.825 What programs are included under section 403(c) (25 U.S.C. 5363(c))?
5158. § 1000.830 What does “special geographic, historical or cultural” mean?
5159. § 1000.835 Under section 403(b)(2) (25 U.S.C. 5363(b)(2)), when must programs be awarded non-competitively?
5160. § 1000.840 May a non-BIA bureau include in a funding agreement, on a non-competitive basis, programs of special geographic, historical, or cultural significance?
5161. § 1000.845 Are there any non-BIA programs that may not be included in a funding agreement?
5162. § 1000.850 Does a Tribe/Consortium need to be identified in an authorizing statute in order for a program or element of a program to be included in a non-BIA funding agreement?
5163. § 1000.855 Will Tribes/Consortia participate in the Secretary's determination of what is to be included on the annual list of available programs?
5164. § 1000.860 How will the Secretary consult with Tribes/Consortia in developing the list of available programs?
5165. § 1000.865 What else is on the list in addition to eligible programs?
5166. § 1000.870 May a bureau negotiate with a Tribe/Consortium for programs not specifically included on the annual list pursuant to 25 U.S.C. 5372(c)?
5167. § 1000.875 How will a bureau negotiate a funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe/Consortium?
5168. § 1000.880 When will this determination be made?
5169. § 1000.885 What funds are included in a non-BIA funding agreement?
5170. § 1000.890 How are indirect cost rates determined?
5171. § 1000.895 How does the Secretary determine the amount of indirect costs for a non-BIA funding agreement?
5172. § 1000.900 May the bureaus negotiate terms to be included in a funding agreement for non-BIA programs?
5173. § 1000.905 Can a Tribe/Consortium reallocate, consolidate, and redesign funds for a non-BIA program?
5174. § 1000.910 Do Tribes/Consortia need Secretarial approval to reallocate funds between title I eligible programs that the Tribe/Consortium administers under a non-BIA funding agreement?
5175. § 1000.915 Can a Tribe/Consortium negotiate a funding agreement with a non-BIA bureau for which the performance period exceeds one year?
5176. § 1000.920 Can the terms and conditions in a non-BIA funding agreement be amended during the year it is in effect?
5177. § 1000.925 What happens if a funding agreement expires before the effective date of the successor Funding Agreement?
5178. Subpart H Negotiation Process
5179. § 1000.1001 What is the purpose of this subpart?
5180. § 1000.1005 What are the phases of the negotiation process?
5181. § 1000.1010 Who may initiate the information phase?
5182. § 1000.1015 Is it mandatory to go through the information phase before initiating the negotiation phase?
5183. § 1000.1020 How does a Tribe/Consortium initiate the information phase?
5184. § 1000.1025 What information is a Tribe/Consortium encouraged to include in a Request to Initiate the Information Phase?
5185. § 1000.1030 When should a Tribe/Consortium submit a Request to Initiate the Information Phase to the Secretary?
5186. § 1000.1035 What steps does the bureau take after a Request to Initiate the Information Phase is submitted by a Tribe/Consortium?
5187. § 1000.1040 How does a Tribe/Consortium initiate the negotiation phase?
5188. § 1000.1045 How and when does the Secretary respond to a request to negotiate a compact or BIA funding agreement?
5189. § 1000.1050 How and when does the Secretary respond to a request to negotiate a non-BIA funding agreement?
5190. § 1000.1055 What is the process for conducting the negotiation phase?
5191. § 1000.1060 What issues must the bureau and the Tribe/Consortium address at negotiation meetings?
5192. § 1000.1065 What happens when a compact or funding agreement is signed?
5193. § 1000.1070 What happens if the Tribe/Consortium and bureau negotiators fail to reach an agreement on a compact or funding agreement?
5194. § 1000.1075 When does the funding agreement become effective?
5195. § 1000.1080 What is a subsequent funding agreement?
5196. § 1000.1085 How is the negotiation of a subsequent funding agreement initiated?
5197. § 1000.1090 What is the process for negotiating a subsequent funding agreement?
5198. Subpart I Final Offer
5199. § 1000.1101 What is the purpose of this subpart?
5200. § 1000.1105 When should a final offer be submitted?
5201. § 1000.1110 How does a Tribe/Consortium submit a final offer?
5202. § 1000.1115 What does a final offer contain?
5203. § 1000.1120 When does the 60-day review period begin?
5204. § 1000.1125 How does the Department acknowledge receipt of final offer?
5205. § 1000.1130 May the Secretary request and obtain an extension of time of the 60-day review period?
5206. § 1000.1135 What happens if the Secretary takes no action within the 60-day period (or any extensions thereof)?
5207. § 1000.1140 Once the Tribe/Consortium's final offer has been accepted or accepted by operation of law, what is the next step?
5208. § 1000.1145 On what basis may the Secretary reject a final offer?
5209. § 1000.1150 How does the Secretary reject a final offer?
5210. § 1000.1155 What is the “significant danger” or “risk” to the public health or safety, to natural resources, or to trust resources?
5211. § 1000.1160 Is technical assistance available to a Tribe/Consortium to overcome the objections stated in the Secretary's rejection of a final offer?
5212. § 1000.1165 If the Secretary rejects all or part of a final offer, is the Tribe/Consortium entitled to an appeal?
5213. § 1000.1170 Do those portions of the compact, funding agreement, or amendment not in dispute go into effect?
5214. § 1000.1175 Does appealing the final offer decision prevent the Secretary and the Tribe/Consortium from entering into any accepted compact, funding agreement or amendment provisions that are not in dispute?
5215. § 1000.1180 What is the burden of proof in an appeal of a rejection of a final offer?
5216. Subpart J Waiver of Regulations
5217. § 1000.1201 What regulations apply to Tribes/Consortia?
5218. § 1000.1205 Can the Secretary grant a waiver of regulations to a Tribe/Consortium?
5219. § 1000.1210 When can a Tribe/Consortium request a waiver of a regulation?
5220. § 1000.1215 How does a Tribe/Consortium obtain a waiver?
5221. § 1000.1220 How does a Tribe/Consortium operating a Public Law 102-477 Plan obtain a waiver?
5222. § 1000.1225 May a Tribe/Consortium request an optional meeting or other informal discussion to discuss a waiver request?
5223. § 1000.1230 Is a bureau required to provide technical assistance to a Tribe/Consortium concerning waivers?
5224. § 1000.1235 How does the Secretary respond to a waiver request?
5225. § 1000.1240 When must the Secretary make a decision on a waiver request?
5226. § 1000.1245 How does the Secretary make a decision on the waiver request?
5227. § 1000.1250 What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?
5228. § 1000.1255 May a Tribe/Consortium appeal the Secretary's decision to deny its request for a waiver of a regulation?
5229. § 1000.1260 What is the term of a waiver?
5230. § 1000.1265 May a Tribe/Consortium withdraw a waiver request?
5231. § 1000.1270 May a Tribe/Consortium have more than one waiver request pending before the Secretary at the same time?
5232. § 1000.1275 May a Tribe/Consortium continue to negotiate a funding agreement pending final decision on a waiver request?
5233. § 1000.1280 How is a waiver decision documented for the record?
5234. Subpart K Construction
5235. 68 Construction Definitions
5236. § 1000.1301 What key construction terms do I need to know?
5237. 69 Purpose and Scope
5238. § 1000.1305 What construction projects and programs included in a funding agreement or construction project agreement are subject to this subpart?
5239. § 1000.1306 May a program or project-specific grant or contracting mechanism involving construction and related activities satisfy the requirements of this subpart?
5240. § 1000.1307 May the Secretary accept funds from another Department for a program or project involving construction and related activities for transfer to the Tribe/Consortium under its funding agreement or construction project agreement?
5241. § 1000.1310 What alternatives are available for a Tribe/Consortium to perform a construction program or project?
5242. § 1000.1315 Does this subpart create an agency relationship?
5243. 70 Notification and Project Assumption
5244. § 1000.1320 Is the Secretary required to consult with affected Tribes/Consortia concerning construction projects and programs?
5245. § 1000.1325 When does the Secretary confer with a Tribe/Consortium concerning Tribal preferences as to size, location, type, and other characteristics of a project?
5246. § 1000.1330 What does a Tribe/Consortium do if it wants to perform a construction project or program under 25 U.S.C. 5367?
5247. § 1000.1335 What must a Tribal proposal for a construction program or project contain?
5248. § 1000.1340 May multiple projects be included in a single construction project agreement or funding agreement that includes a construction project?
5249. § 1000.1345 Must a construction project proposal incorporate provisions of Federal construction guidelines and manuals?
5250. § 1000.1350 What provisions relating to a construction project or program may be included in a funding agreement or construction project agreement?
5251. § 1000.1355 What provisions must a Tribe/Consortium include in a construction project agreement or funding agreement that contains a construction project or program?
5252. 71 Requirements and Standards
5253. § 1000.1360 What codes, standards and architects and engineers must a Tribe/Consortium use when performing a construction project under this part?
5254. 72 NEPA Process
5255. § 1000.1365 Are Tribes/Consortia required to carry out activities involving NEPA in order to enter into a construction project agreement?
5256. § 1000.1370 How may a Tribe/Consortium elect to assume some Federal responsibilities under NEPA?
5257. § 1000.1375 How may a Tribe/Consortium carry out activities involving NEPA without assuming some Federal responsibilities?
5258. § 1000.1379 Are Tribes/Consortia required to adopt a separate resolution or take equivalent Tribal action to assume some environmental responsibilities of the Secretary under NEPA, NHPA, and related laws and regulations for each construction project?
5259. § 1000.1380 What additional provisions of law are related to NEPA and NHPA?
5260. § 1000.1385 What is the typical environmental review process for construction projects?
5261. § 1000.1390 Is the Secretary required to take into account the Indigenous Knowledge of Tribes/Consortia when preparing environmental studies under NEPA, NHPA, and related provisions of other law and regulations?
5262. § 1000.1395 May a Tribe/Consortium act as a cooperating agency or joint lead agency for environmental review purposes regardless of whether it exercises its option under § 1000.1370(a)(1)?
5263. § 1000.1400 How does a Tribe/Consortium comply with NEPA and NHPA?
5264. § 1000.1405 If a Tribe/Consortium adopts the environmental review procedures of a Federal agency, is the Tribe/Consortium responsible for ensuring the agency's policies and procedures meet the requirements of NEPA, NHPA, and related environmental laws?
5265. § 1000.1410 Are Federal funds available to cover the cost of Tribes/Consortia carrying out environmental responsibilities?
5266. § 1000.1415 How are project and program environmental review costs identified?
5267. § 1000.1420 What costs may be included in the budget for a construction project or program?
5268. § 1000.1425 May the Secretary reject a Tribe's/Consortium's final offer of a construction project proposal submitted under subpart I of this part based on a determination of Tribal capacity or capability?
5269. § 1000.1430 On what basis may the Secretary reject a final offer of a construction project proposal made by a Tribe/Consortium?
5270. 73 Role of the Secretary
5271. § 1000.1435 What is the Secretary's role in a construction project performed under this subpart?
5272. § 1000.1440 What constitutes a “significant change” in the original scope of work?
5273. § 1000.1445 May the Secretary suspend construction activities under the terms of a funding agreement or construction project agreement under title IV of the ISDEAA?
5274. § 1000.1450 How are property and funding returned if there is a reassumption for substantial failure to carry out a construction project?
5275. § 1000.1455 What happens when a Tribe/Consortium, suspended under § 1000.1445 for substantial failure to carry out the terms of a funding agreement that includes a construction project or program or a construction project agreement under title IV of the ISDEAA without good cause, does not correct the failure during the suspension?
5276. § 1000.1460 How does the Secretary make advance payments to a Tribe/Consortium under a funding agreement or construction project agreement?
5277. § 1000.1465 Is a facility built under this subpart eligible for annual operation and maintenance funding?
5278. 74 Role of the Tribe/Consortium
5279. § 1000.1470 What is the Tribe's/Consortium's role in a construction project included in a funding agreement or construction project agreement under this subpart?
5280. § 1000.1475 Is a Tribe/Consortium required to submit construction project progress and financial reports for construction projects?
5281. 75 Other
5282. § 1000.1480 May a Tribe/Consortium continue work with construction funds remaining in a funding agreement or construction project agreement at the end of the funding year?
5283. § 1000.1485 Must a construction project agreement or funding agreement that contains a construction project or activity incorporate provisions of Federal construction standards?
5284. § 1000.1490 May the Secretary require design provisions and other terms and conditions for construction projects or programs included in a funding agreement or construction project agreement under section 403(c) (25 U.S.C. 5363(c))?
5285. § 1000.1495 Do all provisions of other subparts apply to construction portions of a funding agreement or construction project agreement?
5286. § 1000.1500 When a Tribe withdraws from a Consortium, is the Secretary required to award to the withdrawing Tribe a portion of funds associated with a construction project if the withdrawing Tribe so requests?
5287. § 1000.1505 May a Tribe/Consortium reallocate funds from a construction program to a non-construction program?
5288. § 1000.1510 May a Tribe/Consortium reallocate funds among construction programs?
5289. § 1000.1515 Must the Secretary retain project funds to ensure proper health and safety standards in construction projects?
5290. § 1000.1520 What funding must the Secretary provide in a construction project agreement or funding agreement that includes a construction project or program?
5291. § 1000.1525 Must Federal funds from other DOI sources be incorporated into a construction project agreement or funding agreement that includes a construction project or program?
5292. § 1000.1530 May a Tribe/Consortium contribute funding to a project?
5293. Subpart L Federal Tort Claims
5294. § 1000.1601 What is the purpose of this subpart?
5295. § 1000.1605 What other statutes and regulations apply to FTCA coverage?
5296. § 1000.1610 Do Tribes/Consortia need to be aware of areas which FTCA does not cover?
5297. § 1000.1615 Is there a deadline for filing FTCA claims?
5298. § 1000.1620 How long does the Federal Government have to process a FTCA claim after the claim is received by the Federal agency, before a lawsuit may be filed?
5299. § 1000.1625 Is it necessary for a compact or funding agreement to include any clauses about FTCA coverage?
5300. § 1000.1630 Does FTCA apply to a compact and funding agreement if FTCA is not referenced in the compact or funding agreement?
5301. § 1000.1635 To what extent shall the Tribe/Consortium cooperate with the Federal Government in connection with tort claims arising out of the Tribe's/Consortium's performance of a compact, funding agreement, or subcontract?
5302. § 1000.1640 Does this coverage extend to subcontractors of compacts and funding agreements?
5303. § 1000.1645 Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a compact or funding agreement?
5304. § 1000.1650 What employees are covered by FTCA for claims arising out of a Tribe's/Consortia's performance of a compact or funding agreement?
5305. § 1000.1655 Does FTCA cover employees of the Tribe/Consortium who are paid by the Tribe/Consortium from funds other than those provided through the funding agreement?
5306. § 1000.1660 May persons who are not Indians or Alaska Natives assert claims under FTCA arising out of the performance of a compact or funding agreement by a Tribe/Consortium?
5307. § 1000.1665 If the Tribe/Consortium or Tribe's/Consortium's employee receives a summons and/or a complaint alleging a tort covered by FTCA and arising out of the performance of a compact or funding agreement, what should the Tribe/Consortium do?
5308. Subpart M Reassumption
5309. § 1000.1701 What is the purpose of this subpart?
5310. § 1000.1705 What does reassumption mean?
5311. § 1000.1710 Under what circumstances may the Secretary reassume a program operated by a Tribe/Consortium under a funding agreement?
5312. § 1000.1715 What is “imminent jeopardy” to a trust asset?
5313. § 1000.1720 What is “imminent jeopardy” to natural resources?
5314. § 1000.1725 What is “imminent jeopardy” to public health and safety?
5315. § 1000.1730 What steps must the Secretary take prior to reassumption becoming effective?
5316. § 1000.1735 Does the Tribe/Consortium have a right to a hearing prior to a non-immediate reassumption becoming effective?
5317. § 1000.1740 What happens if the Secretary determines that the Tribe/Consortium has not corrected the conditions that the Secretary identified in the written notice?
5318. § 1000.1745 What is the earliest date on which a reassumption by the Secretary can be effective?
5319. § 1000.1750 Does the Secretary have the authority to immediately reassume a program?
5320. § 1000.1755 What must a Tribe/Consortium do when a program is reassumed?
5321. § 1000.1760 When must the Tribe/Consortium return funds to the Department?
5322. § 1000.1765 May the Tribe/Consortium be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of retrocession?
5323. § 1000.1770 Is a Tribe's/Consortium's general right to negotiate a funding agreement adversely affected by a reassumption action?
5324. § 1000.1775 When will the Secretary return management of a reassumed program?
5325. Subpart N Retrocession
5326. § 1000.1801 What is the purpose of this subpart?
5327. § 1000.1805 Is a decision by a Tribe/Consortium not to include a program in a successor agreement considered a retrocession?
5328. § 1000.1810 Who may retrocede a program in a funding agreement?
5329. § 1000.1815 How does a Tribe/Consortium retrocede a program?
5330. § 1000.1820 When will the retrocession become effective?
5331. § 1000.1825 How will retrocession affect the Tribe's/Consortium's existing and future funding agreements?
5332. § 1000.1830 Does the Tribe/Consortium have to return funds used in the operation of a retroceded program?
5333. § 1000.1835 Does the Tribe/Consortium have to return property used in the operation of a retroceded program?
5334. § 1000.1840 What happens to a Tribe's/Consortium's mature contract status if it has retroceded a program that is also available for self-determination contracting?
5335. § 1000.1845 How does retrocession affect a bureau's operation of the retroceded program?
5336. Subpart O Trust Evaluation
5337. § 1000.1901 What is the purpose of this subpart?
5338. § 1000.1905 Does the Act alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance?
5339. § 1000.1910 What are “trust resources” for the purposes of the trust evaluation process?
5340. § 1000.1915 What are “trust PSFAs” for the purposes of the trust evaluation process?
5341. § 1000.1920 Can a Tribe/Consortium request the Secretary to conduct an assessment of the status of the trust assets, resource, and PSFAs?
5342. 76 Annual Trust Evaluation
5343. § 1000.1925 What is a trust evaluation?
5344. § 1000.1930 How are trust evaluations conducted?
5345. § 1000.1935 May the trust evaluation process be used for additional reviews?
5346. § 1000.1936 May the parties negotiate review methods for purposes of the trust evaluation?
5347. § 1000.1940 What are the responsibilities of the Secretary's designated representative(s) after the annual trust evaluation?
5348. § 1000.1945 Is the trust evaluation standard or process different when the trust resource or asset is held in trust for an individual Indian or Indian allottee?
5349. § 1000.1950 Does the annual trust review evaluation include a review of the Secretary's inherent Federal and retained operation trust PSFAs?
5350. § 1000.1955 What are the consequences of a finding of imminent jeopardy in the Secretary's annual trust evaluation?
5351. § 1000.1960 What if the Secretary's trust evaluation reveals problems that do not rise to the level of imminent jeopardy?
5352. § 1000.1965 Who is responsible for taking corrective action?
5353. § 1000.1970 What are the requirements of the Department's review team report?
5354. § 1000.1975 May the Department conduct more than one trust evaluation per Tribe per year?
5355. Subpart P Reports
5356. § 1000.2001 What is the purpose of this subpart?
5357. § 1000.2005 Is the Secretary required to report on Self Governance?
5358. § 1000.2010 What will the Secretary's annual report to Congress contain?
5359. § 1000.2011 Is the Secretary required to review programs of the Department other than BIA, BIE, the Office of the Assistant Secretary for Indian Affairs, and the BTFA?
5360. § 1000.2012 Is the Secretary required to annually publish information under this subpart in the Federal Register?
5361. § 1000.2015 Must the Secretary seek comment on the report from Tribes/Consortia before submitting it to Congress?
5362. § 1000.2020 What may the Tribe's/Consortium's annual report on self-governance address?
5363. § 1000.2025 Are there other data submissions or reports that Tribes/Consortia may be requested to submit?
5364. § 1000.2030 Are Tribes/Consortia required to submit Single Audit Act reports?
5365. § 1000.2035 Is there an exemption available for the requirement to submit Single Audit Act reports?
5366. § 1000.2040 Are Tribes/Consortia required to maintain reports and records in accordance with 25 U.S.C. 5305?
5367. Subpart Q Operational Provisions
5368. § 1000.2101 How can a Tribe/Consortium hire a Federal employee to help implement a funding agreement?
5369. § 1000.2105 Can a Tribe/Consortium employee be detailed to a Federal service position?
5370. § 1000.2110 How does the Freedom of Information Act apply?
5371. § 1000.2115 How does the Privacy Act apply?
5372. § 1000.2120 What audit requirements must a Tribe/Consortium follow?
5373. § 1000.2125 How do OMB circulars and the Act apply to funding agreements?
5374. § 1000.2130 How much time does the Federal Government have to make a claim against a Tribe/Consortium relating to any disallowance of costs, based on an audit?
5375. § 1000.2135 Does a Tribe/Consortium have additional ongoing requirements to maintain minimum standards for Tribe/Consortium management systems?
5376. § 1000.2140 Are there any restrictions on how funds awarded to a Tribe/Consortium under a funding agreement may be spent?
5377. § 1000.2145 What standard applies to a Tribe's/Consortium's management of funds awarded under a funding agreement?
5378. § 1000.2150 How may interest or investment income that accrues on funds awarded under a funding agreement be used?
5379. § 1000.2155 Can a Tribe/Consortium retain savings from programs?
5380. § 1000.2160 Can a Tribe/Consortium carry over funds not spent during the term of the funding agreement?
5381. § 1000.2165 After a non-BIA funding agreement has been executed and the funds transferred to a Tribe/Consortium, can a bureau request the return of unexpended funds?
5382. § 1000.2170 How can a person or group appeal a decision or contest an action related to a program operated by a Tribe/Consortium under a funding agreement?
5383. § 1000.2175 Must Tribes/Consortia comply with the Secretarial approval requirements of 25 U.S.C. 81; 82a; and 476 regarding professional and attorney contracts?
5384. § 1000.2180 Are funds awarded under a funding agreement non-Federal funds for the purpose of meeting matching or cost participation requirements?
5385. § 1000.2185 Does Indian preference apply to services, activities, programs, and functions performed under a funding agreement?
5386. § 1000.2190 Do the wage and labor standards in the Davis-Bacon Act apply to Tribes and Tribal Consortia?
5387. § 1000.2195 Can a Tribe/Consortium use Federal supply sources in the performance of a funding agreement?
5388. § 1000.2200 Does the Prompt Payment Act (31 U.S.C. 3901) apply to a BIA funding Agreement?
5389. § 1000.2205 Does the Prompt Payment Act (31 U.S.C. 3901) apply to a non-BIA program funding agreement?
5390. § 1000.2210 Is a Tribe/Consortium obligated to continue performance under a compact or funding agreement if the Secretary does not transfer sufficient funds?
5391. Subpart R Appeals
5392. § 1000.2301 What is the purpose of this subpart?
5393. § 1000.2305 How must disputes be handled?
5394. § 1000.2310 Does a Tribe/Consortium have any options besides an appeal?
5395. § 1000.2315 What is the Secretary's burden of proof for appeals in this subpart?
5396. 77 Informal Conference
5397. § 1000.2320 How does a Tribe/Consortium request an informal conference?
5398. § 1000.2325 How is an informal conference held?
5399. § 1000.2330 What happens after the informal conference?
5400. 78 Post-Award Disputes
5401. § 1000.2335 How may a Tribe/Consortium appeal a decision made after the funding agreement or compact or an amendment to a funding agreement or compact has been signed?
5402. § 1000.2340 What statutes and regulations govern resolution of disputes concerning signed funding agreements or compacts (and any signed amendments) that are appealed to the CBCA?
5403. 79 Pre-Award Disputes
5404. § 1000.2345 What decisions may a Tribe/Consortium appeal under §§ 1000.2345 through 1000.2395?
5405. § 1000.2350 What decisions may not be appealed under §§ 1000.2345 through 1000.2395?
5406. § 1000.2351 To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?
5407. § 1000.2355 How does a Tribe/Consortium know where and when to file an appeal?
5408. § 1000.2357 Which officials is the appropriate bureau head or Assistant Secretary for purposes of subpart R?
5409. 80 Appeals to Bureau Head/Assistant Secretary
5410. § 1000.2360 When and how must a Tribe/Consortium appeal an adverse pre-award decision to the bureau head/Assistant Secretary?
5411. § 1000.2365 When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?
5412. § 1000.2370 When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium?
5413. 81 Appeals to IBIA
5414. § 1000.2375 When and how must a Tribe/Consortium appeal an adverse pre-award decision to the IBIA?
5415. § 1000.2380 What happens after a Tribe/Consortium files an appeal?
5416. § 1000.2385 What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?
5417. § 1000.2386 What regulations govern resolution of disputes that are appealed to the IBIA?
5418. § 1000.2390 Will an appeal adversely affect the Tribe's/Consortium's rights in other compact, funding negotiations, or construction project agreement?
5419. § 1000.2395 Will the decision on appeal be available for the public to review?
5420. 82 Appeals of an Immediate Reassumption of a Self-Governance Program
5421. § 1000.2405 What happens in the case of an immediate reassumption under 25 U.S.C. 5366(b)?
5422. § 1000.2410 Will there be a hearing?
5423. § 1000.2415 What happens after the hearing?
5424. § 1000.2420 Is the recommended decision always final?
5425. § 1000.2425 If a Tribe/Consortium objects to the recommended decision, what action will the IBIA take?
5426. § 1000.2430 Will an immediate reassumption appeal adversely affect the Tribe's/Consortium's rights in other self-governance negotiations?
5427. 83 Equal Access to Justice Act
5428. § 1000.2435 Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?
5429. Subpart S Conflicts of Interest
5430. § 1000.2501 Is a Tribe/Consortium required to have policies in place to address conflicts of interest?
5431. § 1000.2505 What is an organizational conflict of interest?
5432. § 1000.2510 What must a Tribe/Consortium do if an organizational conflict of interest arises under a funding agreement?
5433. § 1000.2515 When must a Tribe/Consortium regulate its employees or subcontractors to avoid a personal conflict of interest?
5434. § 1000.2520 What types of personal conflicts of interest involving Tribal officers, employees, or subcontractors would have to be regulated by a Tribe/Consortium?
5435. § 1000.2525 What personal conflicts of interest must the standards of conduct regulate?
5436. Subpart T Tribal Consultation Process
5437. § 1000.2601 What is the purpose of this subpart?
5438. § 1000.2605 When does the Secretary consult with Tribes and Consortia on matters related to self-governance?
5439. § 1000.2610 What principles should guide consultations with Tribes and Consortia?
5440. § 1000.2615 What notice must the Secretary provide to Tribes and Consortia of an upcoming consultation?
5441. § 1000.2620 Is the Secretary required to allow written comments by Tribes and Consortia following a consultation?
5442. § 1000.2625 What record must the Secretary maintain following a consultation with Tribes and Consortia?
5443. § 1000.2630 How must the Secretary handle confidential or sensitive information provided by Tribes and Consortia during a consultation?
5444. PART 1001 SELF-GOVERNANCE PROGRAM
5445. § 1001.1 Purpose.
5446. § 1001.2 Applicant eligibility.
5447. § 1001.3 Priority ranking for negotiations.
5448. § 1001.4 Application review and approval.
5449. § 1001.5 Application review and selection process for negotiations for funding agreements.
5450. § 1001.6 Submitting applications.
5451. § 1001.7 Availability, amount, and number of planning and negotiation grants.
5452. § 1001.8 Selection criteria for tribes/consortia to receive a negotiation grant.
5453. § 1001.9 Selection criteria for tribes/consortia seeking advance planning grant funding.
5454. § 1001.10 Selection criteria for other planning and negotiating financial assistance.
5455. 1002-1186 PARTS 1002-1186 [RESERVED]
5456. PART 1187 INDIAN BUSINESS INCUBATORS PROGRAM
5457. Subpart A General Provisions and Eligibility
5458. § 1187.1 What is the Indian Business Incubators Program (IBIP)?
5459. § 1187.2 What terms do I need to know?
5460. § 1187.3 Who is eligible to receive a grant under the IBIP?
5461. Subpart B Applying for a Grant
5462. § 1187.10 How does an eligible applicant apply for a grant under the IBIP?
5463. § 1187.11 What must an application include?
5464. § 1187.12 What must an applicant include in a written site proposal?
5465. § 1187.13 May applicants submit a joint application?
5466. § 1187.14 What additional items must a joint application include?
5467. Subpart C Evaluation and Award of Grant Applications
5468. § 1187.20 How will OIED evaluate each application?
5469. § 1187.21 How will OIED evaluate the proposed location of the business incubator?
5470. § 1187.22 How will OIED conduct the site evaluation?
5471. Subpart D Grant Awards
5472. § 1187.30 How will OIED disburse the grant funds to awardees?
5473. § 1187.31 May OIED award a grant that is duplicative of Federal funding from another source?
5474. Subpart E Grant Term and Conditions
5475. § 1187.40 How long is the grant term?
5476. § 1187.41 May OIED renew a grant award?
5477. § 1187.42 What may awardees use grant funds for?
5478. § 1187.43 May OIED waive the requirement for the non-Federal contribution?
5479. § 1187.44 What minimum requirements must awardees meet?
5480. § 1187.45 What reports must the awardee submit?
5481. Subpart F OIED Grant Administration
5482. § 1187.50 How will OIED evaluate awardees' performance?
5483. § 1187.51 Will OIED facilitate relationships between awardees and educational institutions serving Native American communities?
5484. § 1187.52 How will OIED coordinate with other Federal agencies?
5485. 1188-1199 PARTS 1188-1199 [RESERVED]
5486. CHAPTER VII OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS, DEPARTMENT OF THE INTERIOR
5487. PART 1200 AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT
5488. Subpart A General Provisions
5489. § 1200.1 Purpose of this regulation.
5490. § 1200.2 Definitions.
5491. § 1200.3 What is the Department's policy on tribal management of trust funds?
5492. § 1200.4 May tribes exercise increased direction over their trust funds and retain the protections of Federal trust status?
5493. § 1200.5 What are the advantages and disadvantages of managing trust funds under the options in § 1200.4?
5494. § 1200.6 How could a tribe receive future income directly rather than have the government continue to collect it?
5495. § 1200.7 Information collection.
5496. Subpart B Withdrawing Tribal Funds From Trust
5497. § 1200.10 Who is eligible to withdraw their tribal funds from trust?
5498. § 1200.11 What funds may be withdrawn?
5499. § 1200.12 What limitations and restrictions apply to withdrawn funds?
5500. § 1200.13 How does a tribe apply to withdraw funds?
5501. § 1200.14 What must the Tribal Management Plan contain?
5502. § 1200.15 What is the approval process for management plans?
5503. § 1200.16 What criteria will be used in evaluating the management plan?
5504. § 1200.17 What special criteria will be used to evaluate management plans for judgment or settlement funds?
5505. § 1200.18 When does the Department's trust responsibility end?
5506. § 1200.19 How can the plan be revised?
5507. § 1200.20 How can a tribe withdraw additional funds?
5508. § 1200.21 How may a tribe appeal denials under this part?
5509. Subpart C Returning Tribal Funds to Trust
5510. § 1200.30 How does a tribe notify the Department if it wishes to return withdrawn funds to Federal trust status?
5511. § 1200.31 What part of withdrawn funds can be returned to trust?
5512. § 1200.32 How often can funds be returned?
5513. § 1200.33 How can funds be returned?
5514. § 1200.34 Can a tribe withdraw redeposited funds?
5515. Subpart D Technical Assistance
5516. § 1200.40 How will the Department provide technical assistance for tribes?
5517. § 1200.41 What types of technical assistance are available?
5518. § 1200.42 Who can provide technical assistance?
5519. § 1200.43 How can a tribe apply for technical assistance?
5520. § 1200.44 What action will the Department take on requests for technical assistance?
5521. 1201-1299 PARTS 1201-1299 [RESERVED]