(3) Incur only costs that are reasonable in amount and appropriate
to the investment responsibilities of the Tribe.

Sec.  29.417  Must a Tribe continue performance of the Tribal
Transportation Program or the Tribal Transit Program under a compact
and funding agreement if the Department does not transfer sufficient
funds?

    A Tribe does not have to continue performance of the Tribal
Transportation Program (23 U.S.C. 202(b)) or the Tribal Transit Program
(49 U.S.C. 5311(c)(1)) that requires an expenditure of funds in excess
of the amount of funds included in a funding agreement. If at any time
the Tribe has reason to believe that the total amount included in a
funding agreement is insufficient, the Tribe must provide reasonable
notice of such insufficiency to the Chief Self-Governance Official. If
the Department does not increase the amount of funds included in the
funding agreement for the Tribal Transportation Program or Tribal
Transit Program, the Tribe may suspend performance of the program
activity until such time as the Department transfers additional funds.

Sec.  29.418  May a funding agreement include transfers of State funds?

    (a) A State may elect to provide a portion of Federal-aid funds
apportioned to the State under chapter 1 of title 23 of the U.S. Code
to an eligible Tribe for a project eligible under 23 U.S.C. 202(a).
    (b) If a State provides such funds, the transfer may occur in
accordance with 23 U.S.C. 202(a)(9), or the State may transfer the
funds back to the Department, and the Department will transfer the
funds to the participating Tribe through the Tribe's funding agreement.
    (c) If a State provides such funds, the Tribe (and not the State)
will be responsible for constructing and maintaining any projects
carried out using the funds and for administering and supervising the
projects and funds in accordance with 23 U.S.C. 207 during the
applicable statute of limitations period related to the construction of
the project.
    (d) Contract support costs will not be made available to a Tribe in
connection with any State funds transferred at the election of a State
to the Tribe pursuant to 23 U.S.C. 202(a)(9) or funds awarded to a
State pursuant to 49 U.S.C. 5311 that are transferred at the election
of a State to FTA for the benefit of a Tribe. However, overhead and
administrative expenses may be an eligible use of such funds.

Sec.  29.419  Does the award of formula funds entitle a Tribe to
receipt of contract support costs?

    The award of formula funds does not entitle a Tribe to receipt of
contract support costs under 25 U.S.C. 5325(a). A funding agreement
under this part will not provide additional funds for contract support
costs to carry out PSFAs. While a Tribe is not entitled to additional
funds for contract support costs, a Tribe may use a portion of its
formula funds (Sec.  29.400(a) and (b)) for overhead and administrative
expenses if such costs are reasonable, allowable, and allocable in
accordance with 2 CFR part 200 and the applicable statutory and
regulatory program requirements.

Sec.  29.420  Is a Tribe entitled to enter into facility leases from
the Department and to receive facility support costs?

    A Tribe is not entitled to enter into facility leases with the
Department and receive facility support costs. A funding agreement
under this part will not provide additional funds for facility leases
and facility support costs to carry out PSFAs. However, facility leases
and facility support costs may be an eligible and allowable use of
funds a Tribe receives under a funding agreement.

Subpart F--Program Operations

Audits and Cost Principles

Sec.  29.500  Must a Tribe undertake an annual audit?

    A Tribe that meets the applicable thresholds under 2 CFR 200.501
must undertake an annual audit pursuant to the regulations set forth in
2 CFR part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, except to the extent that
part exempts a Tribe from complying with the audit requirements.

Sec.  29.501  Must a Tribe submit any required audits to the Federal
Audit Clearinghouse and the Department?

    A Tribe must submit any required audits to the Federal Audit
Clearinghouse pursuant to the Office of Management and Budget
procedures and provide prompt notice to the Department it has done so.

Sec.  29.502  How long must a Tribe keep and make records available for
Federal examination or audit?

    A Tribe must keep books, documents, papers, and records of funding,
grants, and State-provided funds for 3 years from the date of
submission of the Single Audit Act audit and provide access to the
Department or the Comptroller General for audit and examination related
to grants, contracts, compacts subcontracts, sub-grants, or other
arrangements.

Sec.  29.503  Who is responsible for compiling, copying, and paying for
materials for any audit or examination?

    The agency or entity undertaking the examination or audit will be
responsible for all costs associated with an audit or examination of
Tribal records. Tribes are responsible to make records available during
regular business hours, and may prevent removal of the records from
Tribal offices. If an agency or entity undertaking the examination or
audit requests that the Tribe make copies of records for its use, the
Tribe may charge the examining agency reasonable per-page fees for
photocopying or scanning of documents and records.

Sec.  29.504  How may the Federal Government make a claim against a
Tribe relating to any disallowance of costs based on an audit conducted
under this part?

    (a) Disallowance of costs. Any claim by the Federal Government
against a Tribe relating to funds included in a funding agreement based
on any audit conducted pursuant to this part is subject to 25 U.S.C.
5325(f).
    (1) Any right of action or other remedy (other than those relating
to a criminal offense) relating to any disallowance of costs is barred
unless the Department provides notice of such a disallowance within 365
days from receiving any required annual audit report. The notice must
set forth the right of appeal and hearing in accordance with Sec. Sec.
29.912 through 29.923.
    (2) To calculate the 365-day period, an audit report is deemed
received by the Department on the date of electronic submission to the
Federal Audit Clearinghouse. The Department has 60 days after receiving
the audit report to give notice to the Tribe of its determination to
reject an audit report as insufficient due to non-compliance with the
applicable provisions of 2 CFR part 200 or any applicable statute.
    (b) Criminal penalties. Any person, officer, director, agent,
employee, or person otherwise connected with a recipient of a contract,
subcontract, grant, or sub-grant who embezzles, willfully misapplies,
steals, or obtains by fraud any of the money, funds, assets, or
property provided to the recipient will be fined not more than $10,000
or imprisoned for not more than 2 years, or both. If the amount of
funds in question does not exceed $100, then the fine will be no more
than $1,000 and imprisonment not more than 1 year, or both.

Sec.  29.505  What cost principles must a Tribe apply in compacts and
funding agreements under this part?

    (a) A Tribe must apply the applicable cost principles of the Office
of Management and Budget's Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, 2 CFR part 200,
except as modified by:
    (1) 25 U.S.C. 5325(k), which sets forth certain categories of
allowable uses of funds that a Tribe may include in a funding agreement
provided that such use supports implementation of the PSFA.
    (2) Other provisions of Federal law; or
    (3) Any subsequent exemptions granted by the Office of Management
and Budget.
    (b) The Department may not require other audit or accounting
standards.

Management Systems and Standards

Sec.  29.506  What are the general financial management system
standards that apply to a Tribe when carrying out a compact and funding
agreement under this part?

    (a) Generally. A Tribe carrying out a compact and funding agreement
under this part must develop, implement, and maintain systems that meet
the minimum financial standards set forth in this section, unless one
or more of the standards have been waived, in whole or in part.
    (b) Applicability to Tribal contractors. A Tribe may require that
its contractors comply with some or all of the standards in this
section when the Tribe retains contractors to assist in carrying out
the requirements of a funding agreement.
    (c) Evaluation. When required under 2 CFR part 200, an independent
auditor retained by a Tribe must evaluate the financial management
systems of the Tribe through an annual audit report in accordance with
the Single Agency Audit Act, 31 U.S.C. 7501-7506.
    (d) Financial management systems standards. The general financial
management system standards that apply to a Tribe carrying out a
funding agreement under this part must expend and account for funds
provided to the Tribe through a funding agreement in accordance with
all statutory requirements applicable to the receipt and use of the
funds being provided, as well as the requirements set forth in the
applicable compact and funding agreement, and applicable provisions of
2 CFR part 200.

Sec.  29.507  What general minimum standards apply to a Tribe's
financial management systems when carrying out a compact and funding
agreement?

    The following general minimum standards apply to a Tribe's
financial management systems when carrying out a compact and funding
agreement. The fiscal control and accounting procedures of a Tribe must
be sufficient to:
    (a) Permit preparation of reports required by the compact, funding
agreement, and this part; and
    (b) Permit the tracing of program funds to a level of expenditure
adequate to establish that the funds have not been used in violation of
any restrictions or prohibitions contained in any statute or provision
of 2 CFR part 200 that applies to the receipt and use of the funds
included in the compact and funding agreement.

Sec.  29.508  What specific minimum requirements must a Tribe's
financial management system include to meet general minimum standards?

    To meet the general minimum standards of Sec.  29.507, the
financial management system of a Tribe must include the following
specific minimum requirements:
    (a) Financial reports. The financial management system must provide
for accurate, current, and complete disclosure of the financial results
of activities carried out by the Tribe under a compact and funding
agreement;
    (b) Accounting records. The financial management system must
maintain records sufficiently detailed to identify the source and
application of funding transferred to the Tribe in a funding agreement.
The system must contain sufficient information to identify contract
awards, obligations and unobligated balances, assets, liabilities,
outlays, or expenditures and income;
    (c) Internal controls. The financial management system must
maintain effective control and accountability for all funds transferred
to the Tribe in the funding agreement and for all Federal real
property, personal property, and other assets furnished for use by the
Tribe under its compact and funding agreement;
    (d) Budget controls. The financial management system must permit
the comparison of actual expenditures or outlays with the amounts
budgeted by the Tribe for each funding agreement; and
    (e) Allowable costs. The financial management system must be
sufficient to determine that the expenditure of funds is reasonable,
allowable, and allocable based upon the terms of the funding agreement
and applicable provisions of 2 CFR part 200.

Sec.  29.509  What procurement standards apply to contracts carried out
using funds included in a funding agreement?

    (a) Each contract carried out using funds included in a funding
agreement must, at a minimum:
    (1) Be in writing;
    (2) Identify the interested parties, their respective roles and
responsibilities, and the purposes of the contract;
    (3) State the work to be performed under the contract;
    (4) State the process for making any claim, the payments to be
made, and the terms of the contract; and
    (5) State that it is subject to 25 U.S.C. 5307(b) to the extent
identified in Sec.  29.525.
    (b) A Tribe that chooses to use a procurement method that is not
provided for in its established procurement management standards in the
delivery of a Tribal transportation project must submit the request to
deviate from these standards to the Department for review and approval
in accordance with Sec.  29.515. The deviation request must specify the
procurement method that the Tribe proposes to use and the project to
which such method will be applied.

Sec.  29.510  What property management systems and standards must a
Tribe maintain?

    (a) Property management system. A Tribe must maintain a property
management system to account for all property acquired with funds
included in a funding agreement, acquired with Federal funds awarded by
the Department or the Department of the Interior, or obtained as excess
or surplus Federal property to be used for activities under the
Program. The property management system must contain requirements for
the use, care, maintenance, and disposition of such property as
follows:
    (1) Where title vests in the Tribe, in accordance with Tribal law
and procedures; or
    (2) In the case of a consortium, according to the internal property
procedures of the consortium.
    (b) Transit asset management. In addition to the property
management system and standards in this section, property acquired with
transit funds (chapter 53 of Title 49 U.S. Code) is subject to the
property management requirements set forth in 49 U.S.C. 5326 concerning
the transit asset management plan, performance targets, and reports.
    (c) Tracking requirements under a property management system. The
property management system of the Tribe relating to property used under
the Program must track:
    (1) Personal property and rolling stock with an acquisition value
in excess of $5,000 per item;
    (2) Sensitive personal property, which is all personal property
that is subject to theft and pilferage, as defined by the Tribe; and
    (3) Real property.
    (d) Records. The property management system must maintain records
that accurately describe the property, including any serial number,
vehicle identification number, or other identification number. These
records should contain current information such as the source,
titleholder, acquisition date, acquisition cost, share of Federal
participation in the cost, location, use and current condition of the
property, and the date of disposal and sale price, if any.
    (e) Internal controls. The property management system must maintain
effective internal controls that include, at a minimum, procedures for
the Tribe to:
    (1) Conduct periodic, physical inventories at least once every 2
years and reconcile such inventories with the Tribal internal property
and accounting records;
    (2) Prevent loss or damage to property; and
    (3) Ensure that property is used by the Tribe to carry out
activities under a funding agreement until the Tribe declares the
property excess to the needs of the PSFAs carried out by the Tribe
under the funding agreement, consistent with the property management
system of the Tribe.
    (f) Maintenance requirements. Required maintenance includes the
performance of actions necessary to keep the property in good working
condition, the procedures recommended by equipment manufacturers, and
steps necessary to protect the interests of the Tribe and the
Department in any express warranties or guarantees covering the
property.
    (g) Disposition of personal property acquired under a funding
agreement. Prior to disposition of any personal property, including
rolling stock, the Tribe must report to the Chief Self-Governance
Official in writing of the property's status (e.g., worn out, lost,
stolen, damaged beyond repair, or no longer needed to carry out
activities under a funding agreement). The Department will provide
disposition instructions in accordance with 2 CFR 200.313. A Tribe may
retain, sell or otherwise dispose of personal property with a current
per unit fair market value

of $5,000 or less with no further obligation to the Department.
    (h) Disposition of real property acquired under a funding
agreement. Prior to disposition of any real property acquired under a
funding agreement, the Tribe must report to the Chief Self-Governance
Official, who will ensure the Department provides disposition
instructions in accordance with 2 CFR 200.311.

Records

Sec.  29.511  Must a Tribe maintain a recordkeeping system?

    A Tribe must maintain records and provide Federal agency access to
those records as provided in 25 U.S.C. 5386(d) and the statutory
requirements of the funds included in a funding agreement.

Sec.  29.512  Are Tribal records subject to the Freedom of Information
Act and Federal Privacy Act?

    (a) Except to the extent that a Tribe specifies otherwise in its
compact or funding agreement, the records of the Tribe retained by the
Tribe will not be considered Federal records for purposes of chapter 5
of title 5, U.S. Code.
    (b) Tribal records submitted to the Department are considered
Federal records for the purposes of the Freedom of Information Act and
Federal Privacy Act. If a Tribe provides information to the Department
that the Tribe considers to be trade secret, or confidential commercial
or financial information, the Tribe must identify it as such. The
Department will not disclose the information to the public, except to
the extent required by law. In the event the Department receives a FOIA
request for the information, the Department will follow the procedures
described in its FOIA regulations at 49 CFR part 7.

Sec.  29.513  Must a Tribe make its records available to the
Department?

    After 30 days advance written notice from the Department, a Tribe
must provide the Department with reasonable access to such records to
enable the Department to meet its minimum legal recordkeeping system
and audit requirements.

Sec.  29.514  How long must a Tribe keep management system records?

    A Tribe must keep books, documents, papers, and records of funding,
grants, and State-provided funds for 3 years from the date of
submission of the Single Audit Act audit such that the Department or
the Comptroller General may have access to the records for audit and
examination related to grants, contracts, compacts subcontracts, sub-
grants, or other arrangements.

Procurement

Sec.  29.515  When procuring property or services with funds included
in a funding agreement, can a Tribe follow its own procurement
standards?

    When procuring property or services with funds included in a
funding agreement, a Tribe must have standards that conform to the
procurement standards in this subpart. If a Tribe relies upon
procurement standards different than those described in Sec.  29.516,
it must identify the standards it will use in a proposed waiver in the
initial negotiation of a funding agreement or as a waiver request to an
existing funding agreement. The Tribe must submit the request to the
Department in accordance with Sec.  29.535.

Sec.  29.516  What are the minimum procurement standards that a Tribe
must follow when procuring property or services with funds included in
a funding agreement?

    A Tribe must follow the minimum procurement standards set forth
below when procuring property or services with funds included in a
funding agreement.
    (a) Minimum procurement standards. (1) A Tribe must ensure that its
vendors and contractors perform in accordance with the terms,
conditions, and specifications of their contracts or purchase
agreements or orders.
    (2) A Tribe must maintain written standards of conduct governing
the performance of its employees who award and administer contracts
paid for using funds transferred to the Tribe under a funding
agreement.
    (i) An employee, officer, elected official, or agent of a Tribe
must not participate in the selection, award, or administration of a
procurement supported by Federal funds if a conflict of interest, real
or apparent, as defined in the conflict of interest policies of the
Tribe, would be involved.
    (ii) Employees, officers, elected officials, or agents of a Tribe,
or of a subcontractor of the Tribe, must not solicit or accept
gratuities, favors, or anything of monetary value from contractors,
potential contractors, or parties to sub-agreements, except that the
Tribe may exempt a financial interest that is not substantial or a gift
that is an unsolicited item of nominal value.
    (iii) The standards must also provide for penalties, sanctions, or
other disciplinary actions for violations of the procurement standards.
    (3) A Tribe must review proposed procurements to avoid buying
unnecessary or duplicative items and ensure the reasonableness of the
price. The Tribe should consider consolidating or breaking out
procurement to obtain more economical purchases. Tribes are encouraged
to realize economies of scale in the procurement of goods, services,
and supplies under this part, including the negotiation of cooperative
agreements with other public authorities. Where appropriate, the Tribe
must compare leasing and purchasing alternatives to determine which is
more economical.
    (4) A Tribe must conduct all major procurement transactions that
exceed the simplified acquisition threshold set forth in 2 CFR 200.88
by providing full and open competition, to the extent necessary to
assure efficient expenditure of contract funds and to the extent
feasible in the local area.
    (i) Consistent with 2 CFR 200.88, a Tribe may develop its own
definition for a simplified acquisition threshold.
    (ii) A Tribe may apply to any procurement award the Indian
preference requirements for wages and grants contained in 25 U.S.C.
5307(b).
    (5) A Tribe must make procurement awards only to responsible
entities with the ability to perform successfully under the terms and
conditions of the proposed procurement. In making this judgment, the
Tribe will consider such matters as the contractor's integrity, its
compliance with public policy, its record of past performance, and its
financial and technical resources.
    (6) A Tribe must maintain records on the significant history of all
major procurement transactions. These records must include, but are not
limited to, the rationale for the method of procurement, the selection
of contract type, the contract selection or rejection, and the basis
for the contract price.
    (7) A Tribe is solely responsible, using good administrative
practice and sound business judgment, for processing and settling all
contractual and administrative issues arising out of a procurement.
These issues include, but are not limited to, source evaluation,
protests, disputes, and claims.
    (i) The settlement of any protest, dispute, or claim will not
relieve the Tribe of any obligations under a funding agreement.
    (ii) Violations of law must be referred to the Tribal or Federal
authority having proper jurisdiction.
    (b) Conflicts of interest. A Tribe participating in the program
must ensure that internal measures and controls are in place to address
conflicts of interest in the administration of compacts and funding
agreements under this part.

Sec.  29.517  Do Federal laws and regulations apply to a Tribe's
contractors or subcontractors?

    A Tribe's contractors are responsible for complying with Federal
laws and regulations. Contracts between a Tribe and its contractors
should inform contractors that the contract is carried out using funds
transferred to the Tribe in a funding agreement, and that the
contractors and its subcontractors are responsible for identifying and
ensuring compliance with applicable Federal laws and regulations. The
Department and the Tribe may, through negotiation, identify all or a
portion of such requirements in the funding agreement and, if so
identified, these requirements should be identified in the contracts
the Tribe awards using funds included in a funding agreement.

Sec.  29.518  Can a Tribe use Federal supply sources in the performance
of a compact and funding agreement?

    A Tribe and its employees may use Federal supply sources (including
lodging, airline, interagency motor pool vehicles, and other means of
transportation) to the same extent as if the Tribe were a Federal
agency. The Department will assist the Tribes, to the extent feasible,
to resolve any barriers to full implementation.

Reporting

Sec.  29.519  What reporting must a Tribe provide?

    (a) A Tribe must provide reports mandated by statute associated
with the funds included in the funding agreement. In accordance with
Sec.  29.307, the funding agreement will list these reporting
requirements. A Tribe will cooperate with the Department to assist it
in complying with its statutory reporting requirements. No additional
reporting will be required.
    (b) Notwithstanding paragraph (a) of this section, if the Tribe
includes funds for a discretionary or competitive grant in a funding
agreement, the parties will negotiate the appropriate reporting
requirements to include in the funding agreement.

Property

Sec.  29.520  How may a Tribe use existing Department facilities,
equipment, or property?

    At the request of a Tribe, the Department will permit a Tribe to
use and maintain existing facilities, equipment therein or appertaining
thereto, and other personal property, if applicable, owned by the
Government within the Department's jurisdiction, subject to terms and
conditions agreed to by the Department and the Tribe. The requested
facilities, equipment, or property must be used to carry out the
Tribe's PSFAs under the compact and funding agreement. Such facilities,
equipment, or other personal property will be eligible for replacement,
maintenance, and improvement using funds included in a funding
agreement, or the Tribe may expend its own funds. The Department does
not have any additional funding sources for replacement, maintenance,
or improvement of such facilities, equipment, other personal property.
The Department will exercise discretion in a way that gives the maximum
effect to the request of a Tribe to use such facilities, equipment, or
property.

Sec.  29.521  How may a Tribe acquire surplus or excess Federal
property for use under the Program?

    A Tribe may acquire any surplus or excess property for use in the
performance of the compact and funding agreement consistent with the
procedures established by the General Services Administration. The
Tribe must notify the Chief Self-Governance Official of the surplus or
excess property it proposes to acquire and the purpose for which it
will be used in the performance of the compact or funding agreement. If
the Department participates in the acquisition by the Tribe of any
excess or surplus Federal property, the Department will expeditiously
process the request and assist the Tribe in its acquisition to the
extent feasible and exercise discretion in a way that gives maximum
effect to the Tribe's request for donation of the excess or surplus
Federal property. When the Department's participation is required, the
Department should expeditiously request acquisition of the property
from General Services Administration or the holding agency, as
appropriate, by submitting the necessary documentation prior to the
expiration of any ``freeze'' placed on the property by the Tribe or the
Department on the Tribe's behalf. The Tribe must take title to any
property acquired pursuant to this section. Such surplus or excess
property will be eligible for replacement, maintenance, and improvement
using funds included in a funding agreement, or the Tribe may expend
its own funds. The Department does not have any additional funding
sources for replacement, maintenance, or improvement of such surplus or
excess property.

Sec.  29.522  How must a Tribe use surplus or excess Federal property
acquired under the Program?

    The Tribe must use any property acquired under this section in a
manner consistent with the justification submitted at acquisition. The
Tribe should notify the Chief Self-Governance Official whenever use of
the property changes significantly and upon disposal or sale.

Sec.  29.523  If a compact or funding agreement (or portion thereof) is
retroceded, reassumed, terminated, or expires, may the Department
reacquire title to property purchased with funds under any compact and
funding agreement or excess or surplus Federal property that was
donated to the Tribe under the Program?

    If a compact or funding agreement (or portion thereof) is
retroceded, reassumed, terminated, or expires, the Tribe retains title
to the property purchased with funds under any compact or funding
agreement or excess for surplus Federal property donated under the
Program if it is valued at $5,000 or less. If the value of the property
is over $5,000 at the time of retrocession, withdrawal, or
reassumption, title to such property may revert to the Department at
the Department's discretion.

Technical Assistance

Sec.  29.524  What technical assistance is available from the
Department?

    Upon the written request of a Tribe, and to the extent feasible,
the Department will provide technical assistance, including periodic
program reviews, to assist a Tribe improve its performance in carrying
out the Program.

Prevailing Wages

Sec.  29.525  Do the wage and labor standards in the Davis-Bacon Act
apply to employees of a Tribe?

    Wage and labor standards of the Davis-Bacon Act do not apply to
employees of a Tribe. However, Davis Bacon wage rates apply to all
Tribal contractors and subcontractors.

Tribal Preference

Sec.  29.526  Does Indian preference apply to PSFAs under the Program?

    To the greatest extent feasible, any contract, subcontract, grant,
or subgrant under a compact and funding agreement must give preference
for employment and training, and the award of subcontracts and sub-
grants, to Indians, Indian organizations, and Indian-owned economic
enterprises, as defined in 25 U.S.C. 1452.

Sec.  29.527  When do Tribal employment law and contract preference
laws govern?

    To the extent provided in applicable Federal law, Tribal law
governs Indian preference policies in the performance of a compact and
funding agreement under the Program. When a compact or funding
agreement is intended to benefit one Tribe, the Tribal employment or
contract preference laws adopted by such Tribe will govern with respect
to the administration of the compact and funding agreement.

Environmental and Cultural Resource Compliance

Sec.  29.528  What compliance with environmental and cultural resource
statutes is required?

    (a) The Department must meet the requirements of applicable Federal
environmental and cultural resource laws, such as the National
Environmental Policy Act and the National Historic Preservation Act,
for a proposed project under the Program.
    (b) The Secretary has delegated environmental and cultural resource
compliance responsibilities to the Operating Administrations, as
appropriate. As such, an Operating Administration will serve as the
lead agency responsible for final review and approval of environmental
documents, and any associated environmental determinations and findings
for a proposed project under the Program. The Secretary, as delegated
to the Operating Administrations, is also responsible for making
determinations and issuing approvals in accordance with Section 4(f)
(23 U.S.C. 138 and 49 U.S.C. 303), as applicable. Tribes may consult
with the Chief Self-Governance Official to determine which Operating
Administration should serve as the lead agency.
    (c) If the Department is conducting the environmental review
process for a proposed project under the Program, the Tribe must assist
the Department to satisfy the requirements of applicable Federal
environmental and cultural resource laws.
    (d) A Tribe may manage or conduct the environmental review process
for a proposed project under the Program and may prepare drafts of the
appropriate environmental review documents for submission to the
Department.
    (1) A Tribe may follow its own environmental review procedures if
the procedures and documentation also satisfy the Federal environmental
review requirements applicable to the project. A Tribe should work with
the Operating Administration serving as lead agency to ensure the
Tribal process will satisfy all applicable Federal environmental review
requirements.
    (2) The Operating Administration serving as lead agency must
determine that the process and documentation satisfy the applicable
Federal environmental review requirements.
    (e) As resources permit and at the request of a Tribe, the
Department will provide advice and technical assistance to the Tribe to
assist in the management of the Federal environmental review process
and preparation of environmental documents.
    (f) Unless prohibited by law, a Tribe may use funds included in a
funding agreement to pay for environmental review activities.

Federal Tort Claims Act

Sec.  29.529  Is the Federal Tort Claims Act applicable to a Tribe when
carrying out a compact and funding agreement under the Program?

    (a) Section 314 of Public Law 101-512 and 25 U.S.C. 5396(a)
incorporated by 23 U.S.C. 207(l)(8) make the Federal Tort Claims Act
(FTCA), 28 U.S.C. 1346(b), 2401, 2671-2680, applicable to a Tribe
carrying out a compact and funding agreement under the Program.
    (b) Contractors, subcontractors, or sub-recipients of a Tribe are
not subject to the terms and conditions of FTCA. The Tribe may use the
regulations set forth in 25 CFR part 900, subpart M, as guidance on the
Tribe's rights and responsibilities under the FTCA. Accordingly, the
Tribe must include, in any contract entered into with funds provided
under a compact and funding agreement, a requirement that contractors,
sub-contractors, or sub-recipients maintain applicable insurance
coverage, such as workers compensation, auto, and general liability
insurance, consistent with statutory minimums and local industry
standards.

Sec.  29.530  What steps should a Tribe take after becoming aware of a
Federal Tort Claim?

    (a) Immediately after receiving a claim or a summons and complaint
filed under the FTCA, the Tribe must notify the Chief Self-Governance
Official at<EMAIL_ADDRESS>or use any other method that provides
receipt.
    (b) The Tribe, through a designated tort claims liaison assigned by
the Tribe, must assist the Department in preparing a comprehensive and
factually based report, which will inform the Department's report to
the U.S. Department of Justice.
    (c) The Tribe's designated tort claims liaison must immediately
provide the following significant details of the event and include, as
appropriate and to the extent within their knowledge, possession, or
control:
    (1) The date, time, and exact place of the accident or incident;
    (2) A concise and complete statement of the circumstances of the
accident or incident;
    (3) The names and addresses of Tribal or Federal employees involved
as participants or witnesses;
    (4) The names and addresses of all other eyewitnesses;
    (5) An accurate description of all Federal, Tribal, and privately
owned property involved, and the nature and amount of damage, if any;
    (6) A statement as to whether any person involved was cited for
violating a Federal, State, or Tribal law, ordinance, or regulation;
    (7) The Tribe's determination as to whether any of its employees
(including Federal employees assigned to the Tribe) involved in the
incident giving rise to the tort claim were acting within the scope of
their employment in carrying out the funding agreement at the time the
incident occurred;
    (8) Copies of all relevant documentation, including available
police reports, statements of witnesses, newspaper accounts, weather
reports, plats, and photographs of the site or damaged property, that
may be necessary or useful for the Department to determine the claim;
and
    (9) Insurance coverage information, copies of medical bills, and
relevant employment records.
    (d) The Tribe must cooperate with and provide all necessary
assistance to the U.S. Department of Justice and the Department's
attorneys assigned to defend the tort claim including, but not limited
to, case preparation, discovery, and trial.
    (e) If requested by the Department, the Tribe must make an
assignment and subrogation of all the Tribe's rights and claims (except
those against the Federal Government) arising out of a tort claim
against the Tribe.
    (f) If requested by the Department, the Tribe must authorize
representatives of the Department to settle or defend any claim and to
represent the Tribe in or take charge of any action. If the Federal
Government undertakes the settlement or defense of any claim or action,
the Tribe must provide all reasonable additional assistance in reaching
a settlement or asserting a defense.

Sec.  29.531  Is it necessary for a compact or funding agreement to
include any terms about FTCA coverage?

    Terms about FTCA coverage are optional in a compact or funding

agreement, and the FTCA applies even if terms regarding FTCA are not
included in a compact or funding agreement.

Sec.  29.532  Does FTCA cover employees of the Tribe who are paid by
the Tribe from funds other than those provided through the compact and
funding agreement?

    Subject to FTCA limitations, the FTCA covers employees of the Tribe
who are not paid from compact and funding agreement funds as long as
the services out of which the claim arose were performed in carrying
out a compact and funding agreement under the Program.

Sec.  29.533  May persons who are not Indians assert claims under FTCA?

    Any aggrieved person may assert claims for alleged torts arising
from activities performed in carrying out compacts and funding
agreements under the Program.

Sec.  29.534  Does the year PSFAs are funded affect FTCA coverage?

    The year the funding was provided has no effect on the application
of the FTCA.

Waiver of Program Regulations

Sec.  29.535  What is the process for regulation waivers under this
part?

    (a) A Tribe may request a waiver of a regulation promulgated under
this part with respect to a compact or funding agreement. The Tribe
must submit the request in writing to the Chief Self-Governance
Official to<EMAIL_ADDRESS>or use any other method that provides
receipt, at the following address: Chief Self-Governance Official, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590. The request must be marked with the words ``REQUEST TO WAIVE
REGULATIONS'' on the first page of the request and on the envelope
enclosing the request (or in the subject line if by electronic mail).
The request must identify the regulation subject to the waiver request,
the language the Tribe seeks to waive, and the basis for the request.
    (b) Within 10 days of receipt of the waiver request, the Chief
Self-Governance Official will send the Tribe an acknowledgement of the
waiver request, together with a date-stamped cover sheet that indicates
the date on which the Department received the waiver request.
    (c) No later than 90 days after the date of receipt of a written
request under paragraph (a) of this section, the Department must
approve or deny the request in writing. If the application for a waiver
is denied, the Department must provide the Tribe with the reasons for
the denial as part of the written response.
    (d) The Department will consider the following factors in making
its decision on a waiver request:
    (1) The extent to which the waiver provides flexibility to
facilitate the implementation of the Program at the Tribal level;
    (2) The extent to which the Tribe will benefit from the waiver;
    (3) Whether the waiver is contrary to Federal law; and
    (4) Whether the waiver is consistent with Federal transportation
policy.
    (e) If the Department does not approve or deny a request submitted
under paragraph (a) of this section on or before the last day of the
90-day period, the request will be deemed approved by operation of law.
    (f) A decision by the Department on a waiver request is a final
agency action subject to judicial review under the Administrative
Procedure Act.

Subpart G--Withdrawal

Sec.  29.600  May a Tribe withdraw from a consortium?

    A Tribe may fully or partially withdraw from a consortium in
accordance with any applicable terms and conditions of a consortium
agreement with the Tribe. The withdrawing Tribe must provide written
notification to the consortium and the Department of its decision to
withdraw.

Sec.  29.601  When does a withdrawal become effective?

    A withdrawal becomes effective within the time frame specified in
the resolution that authorizes the Tribe to withdraw from the
consortium. In the absence of a specific time frame set forth in the
resolution, such withdrawal becomes effective on:
    (a) The earlier of 1 year after the date of submission of such
request, or the date on which the funding agreement expires; or
    (b) Such date as may be mutually agreed upon by the Department, the
withdrawing Tribe, and the consortium that has signed the compact and
funding agreement.

Sec.  29.602  How are funds redistributed when a Tribe fully or
partially withdraws from a compact and funding agreement and elects to
enter into a compact with the Department?

    A withdrawing Tribe that is eligible for the Program under 23
U.S.C. 207(b) and Sec.  29.100 may enter into a compact and funding
agreement for its share of funds supporting those PSFAs that the Tribe
will carry out, calculated on the same basis as the funds were
initially allocated in the funding agreement of the consortium, unless
otherwise agreed to by the consortium and the Tribe.

Sec.  29.603  How are funds distributed when a Tribe fully or partially
withdraws from a compact and funding agreement administered by a
consortium serving more than one Tribe, and the withdrawing Tribe
elects not to or is ineligible to enter into a compact under this part?

    Unless otherwise agreed to by the consortium and the Tribe, the
consortium must return to the Department all funds not obligated and
expended by the consortium associated with the withdrawing Tribe when
the withdrawing Tribe elects not to or is ineligible to enter into a
compact under this part.

Subpart H--Retrocession

Sec.  29.700  May a Tribe retrocede a PSFA and the associated funds?

    A Tribe may voluntarily retrocede (fully or partially) its PSFA
under a compact and funding agreement under this Part. A Tribe may
retrocede for any reason.

Sec.  29.701  How does a Tribe notify the Department of its intention
to retrocede?

    (a) Notice. A Tribe must submit a written notice of its intent to
retrocede to the Chief Self-Governance Official to<EMAIL_ADDRESS>or by
any other method that provides receipt. The notice must specifically
identify those PSFAs the Tribe intends to retrocede.
    (b) Notice to the Department of the Interior. The Department will
send the Tribe's notice of its intention to retrocede to the Department
of the Interior and request that the Department of the Interior
determine whether the PSFA is associated with transportation services
provided by the Department of the Interior.

Sec.  29.702  What happens if the Department of the Interior determines
that it provides the transportation services the Tribe intends to
retrocede?

    If the Department of the Interior determines that it provides the
transportation services the Tribe intends to retrocede, the Department
will notify the Tribe. The Tribe must return all remaining funds, less
closeout costs, associated with those transportation services to the
Department for transfer to the Department of the Interior.

Sec.  29.703  What happens if the Department of the Interior determines
that it does not provide the transportation services the Tribe intends
to retrocede?

    If the Department of the Interior determines that it does not
provide the

transportation services the Tribe intends to retrocede, the Tribe may
withdraw its notice to retrocede or return all remaining funds, less
closeout costs, associated with the retroceded PSFA, and the Department
will distribute those funds in accordance with applicable law.

Sec.  29.704  What is the effective date of a retrocession?

    The retrocession becomes effective within the timeframe specified
in the funding agreement. In the absence of a specified date, the
retrocession becomes effective:
    (a) On the earlier of 1 year after the date of the Tribe's
submission of the request, or the date on which the funding agreement
expires; or
    (b) Such date mutually agreed upon by the Departments and the
retroceding Tribe when the Department of the Interior has agreed to
assume a retroceded PSFA.

Sec.  29.705  What effect will a retrocession have on a Tribe's right
to compact under the Program?

    Provided that a Tribe is eligible under Sec.  29.100, retrocession
will not adversely affect any future request by the Tribe to include
funds from the same program in a compact or funding agreement.

Sec.  29.706  Will retrocession adversely affect future funding
available for the retroceded program?

    Retrocession will not adversely affect future funding for the
retroceded program. Future funding will be available to the Tribe at
the same level of funding as if there had been no retrocession.

Subpart I--Termination and Reassumption

Sec.  29.800  When can the Department reassume a compact or funding
agreement?

    The Department may terminate and reassume a compact or funding
agreement (or portion thereof) when the Department makes a specific
finding, in writing, to a Tribe, that the Department has found that
there is:
    (a) Imminent jeopardy to a trust asset, natural resources, or
public health and safety that is caused by an act or omission of the
Tribe and that arises out of a failure by the Tribe to carry out the
compact or funding agreement; or
    (b) Gross mismanagement with respect to funds transferred to the
Tribe under the compact and funding agreement, as determined by the
Department in consultation with the Office of the Inspector General, as
appropriate. Gross mismanagement means a significant, clear, and
convincing violation of compact, funding agreement, or regulatory or
statutory requirements applicable to Federal funds included in a
compact and funding agreement that results in a significant reduction
of funds available for the PSFA carried out by the Tribe.

Sec.  29.801  Can the Department reassume a portion of a compact or
funding agreement and the associated funds?

    The Department may reassume a portion of a compact or funding
agreement and the associated funds if the Department has sufficient
grounds to do so. The Department must identify the narrowest portion of
the compact or funding agreement for reassumption.

Sec.  29.802  What process must the Department follow before
termination of a compact or funding agreement (or portion thereof)?

    Except as provided in Sec.  29.805, prior to a termination becoming
effective, the Department must:
    (a) Notify the Tribe in writing by any method that provides receipt
of the findings required under Sec.  29.800;
    (b) Request specific corrective action within a reasonable period
of time, no less than 45 days, to correct the conditions that may
result in the Department's termination of a compact or funding
agreement (or portion thereof);
    (c) To the extent feasible and if requested, offer and provide
technical assistance to assist the Tribe in overcoming the conditions
that led to the findings described under paragraph (a) of this section.
Technical assistance may take the form of feedback, review, and other
assistance requested, as appropriate; and
    (d) Provide an opportunity for a hearing on the record in
accordance with Subpart J of this part.

Sec.  29.803  What happens if the Department determines that the Tribe
has not corrected the conditions that the Department identified in the
notice?

    (a) If the Department determines that the Tribe has not corrected
the conditions that the Department identified in the notice, the
Department must provide a second written notice by any method that
provides receipt to the Tribe that the Department will terminate the
compact or funding agreement, in whole or in part.
    (b) The second notice must include:
    (1) The effective date of the termination;
    (2) The details and facts supporting the termination; and
    (3) Instructions that explain the Tribe's right to a hearing
pursuant to Sec.  29.925.

Sec.  29.804  When may the Department reassume?

    Except as provided inSec.  29.805, the Department may not reassume
until 30 days after the final resolution of the hearing and any
subsequent appeals to provide the Tribe with an opportunity to take
corrective action in response to any adverse final ruling.

Sec.  29.805  When can the Department immediately terminate a compact
or funding agreement (or portion thereof)?

    (a) The Department may immediately terminate a compact or funding
agreement (or a portion thereof) if:
    (1) The Department makes a finding of imminent substantial and
irreparable jeopardy to a trust asset, natural resource, or public
health and safety; and
    (2) The jeopardy arises out of a failure to carry out the compact
or funding agreement.
    (b) The Department must provide notice of immediate termination by
any method that provides receipt. The notice must set forth the
findings that support the Department's determination, advise the Tribe
whether it will be reimbursed for any closeout costs incurred after the
termination, request the return of any property, and advise the Tribe
of its right to a hearing pursuant to Sec.  29.925. Concurrently, the
Department must notify the Office of Hearings that the Department
intends to immediately terminate a compact or funding agreement.
Pursuant to Sec.  29.928, the Department has the burden of proof in any
hearing or appeal of an immediate termination.

Sec.  29.806  Upon termination, what happens to the funds associated
with the terminated portions of the compact or funding agreement?

    Upon termination, the Department will reassume the remaining funds
associated with the terminated portions of the compact or funding
agreement. The Department may:
    (a) Transfer funds associated with transportation services provided
by the Department of the Interior to the Department of the Interior; or
    (b) Distribute any funds not transmitted to the Department of the
Interior in accordance with applicable law.

Subpart J--Dispute Resolution and Appeals

Sec.  29.900  What is the purpose of this subpart?

    This subpart sets forth procedures that a Tribe may use to resolve
disputes with the Department arising before or after the execution of a
compact or

funding agreement under the Program. It also sets forth the process for
filing and processing administrative appeals.

Sec.  29.901  Can a Tribe and the Department resolve disputes using
alternative dispute resolution processes?

    At any time, a Tribe or the Department may request an informal
process or an alternate dispute resolution procedure, such as
mediation, conciliation, or arbitration, to resolve disputes. The goal
of any such process (which may involve a third party) is to provide an
inexpensive and expeditious mechanism to resolve disputes by mutual
agreement instead of an administrative or judicial proceeding. The
parties should resolve disputes at the lowest possible staff level
whenever possible.

Sec.  29.902  Does the Equal Access to Justice Act apply to the
Program?

    The Equal Access to Justice Act (EAJA), 5 U.S.C. 504 and 28 U.S.C.
2414, and the relevant implementing regulations (48 CFR 6101.30 and
6101.31; 49 CFR part 6) will apply if the Tribe's compact or funding
agreement make these provisions applicable.

Sec.  29.903  What determinations may not be appealed under this
subpart?

    The following determinations may not be appealed under this
subpart:
    (a) Waiver determination. A waiver determination made pursuant to
Sec.  29.535 is a final agency action subject to judicial review under
the Administrative Procedure Act.
    (b) Disputes or appeals arising under other Federal laws. Decisions
made under other Federal statutes, such as the Freedom of Information
Act and the Privacy Act. Such decisions may be appealable under those
statutes and their implementing regulations.
    (c) Selection and award decisions for competitive or discretionary
grants. The Department's selection and level of award decisions for
competitive or discretionary grants administered by the Department are
not subject to appeal.

Pre-Award Decisions

Sec.  29.904  What are pre-award decisions that a Tribe may appeal?

    A Tribe may appeal pre-award decisions, which include:
    (a) A decision whether to include a Department program in a funding
agreement;
    (b) A decision whether an activity is an inherent Federal function;
    (c) A decision on a final offer before the Department and the Tribe
enter into a compact or funding agreement;
    (d) A decision on a final offer before the Department and the Tribe
execute an amendment modifying the terms of an existing compact or
funding agreement; and
    (e) An eligibility determination.

Sec.  29.905  To whom does a Tribe appeal a pre-award decision?

    A Tribe appeals a pre-award decision to a hearing official, who was
not involved in the initial decision, appointed by the General Counsel.

Sec.  29.906  Must a Tribe exhaust its administrative remedies before
initiating a civil action against the Department in the U.S. District
Courts for a pre-award decision?

    A Tribe must exhaust its administrative remedies before initiating
a civil action against the Department in the U.S. District Courts
except a Tribe may appeal the rejection of a final offer directly to
the U.S. District Courts in lieu of an administrative appeal.

Sec.  29.907  When and how must a Tribe appeal a pre-award decision?

    (a) A pre-award decision becomes final 30 days after receipt by the
Tribe. To appeal the pre-award decision, a Tribe must submit the
written request to the Office of the General Counsel and the official
whose decision the Tribe is appealing within 30 days of receiving the
decision. The request must include a statement describing the reasons
for appeal and any supporting documentation.
    (b) The Tribe may request to resolve the dispute using an
alternative dispute resolution process before the hearing official
issues a decision.

Sec.  29.908  May a Tribe request an extension of time to file an
administrative appeal to the hearing official?

    If a Tribe needs additional time, it may request an extension of
time to file an appeal of a pre-award decision. Within 30 days of
receiving a decision, a Tribe must request the extension from the
Office of the General Counsel, which has the discretion to grant the
extension. The request must be in writing and give a reason for not
filing its administrative appeal within the 30-day period. The
Department may accept an appeal after the 30-day period for good cause.

Sec.  29.909  When and how must the hearing official respond to the
Tribe's appeal?

    (a) The hearing official must issue a decision in writing within 60
days of the receipt of the appeal. If the Tribe requests an informal
hearing, the hearing official must issue a decision within 60 days of
the hearing.
    (b) All decisions issued by the hearing official must include a
statement describing the rights of a Tribe to appeal the decision to
the U.S. District Courts. The Department must provide the decision by
any method that provides a receipt.

Sec.  29.910  What is the Department's burden of proof for appeals of
pre-award decisions?

    The Department must demonstrate by clear and convincing evidence
the validity of a pre-award decision, and that the decision is
consistent with 23 U.S.C. 207.

Sec.  29.911  What is the effect of a pending appeal on negotiations?

    A pending appeal of a pre-award decision will not prevent the
Department from negotiating and executing the non-disputed, severable
portions of a compact or funding agreement or prevent the Department
from awarding funds to the Tribe that may be included in a funding
agreement.

Post-Award Disputes

Sec.  29.912  What is a post-award dispute?

    A post-award dispute is a claim that arises under the Contract
Disputes Act of 1978 (CDA), 41 U.S.C. 7101-7109. Such disputes arise
once a compact or funding agreement is executed. Post-award disputes
include:
    (a) Disputed interpretation of a provision of an executed compact
or funding agreement;
    (b) Disallowance of costs under a funding agreement;
    (c) Suspension of payments under a funding agreement;
    (d) Allocation, distribution, or reduction of funds when a dispute
arises between a consortium and a withdrawing Tribe;
    (e) Failure to comply with the terms of a funding agreement; and
    (f) Any other claim arising out of a compact or funding agreement.

Sec.  29.913  What is a claim under the Contract Disputes Act?

    A Contract Disputes Act claim is a written demand filed by a Tribe
that seeks one or more of the following:
    (a) Payment of a specific sum of money under the funding agreement;
    (b) Adjustment or interpretation of terms in a funding agreement;
    (c) Payment that is disputed as to liability or amount;
    (d) Payment that the Department has not acted upon in a reasonable
time following a demand for payment; or
    (e) Any other claim relating to the terms of the compact or funding
agreement.

Sec.  29.914  How does a Tribe file a Contract Disputes Act claim?

    A Tribe must submit its claim in writing to the Chief Self-
Governance Official, who serves as the Department's awarding official
for the purposes of Contract Disputes Act claims. The Chief Self-
Governance Official will document the receipt of the claim.

Sec.  29.915  Must a Tribe certify a Contract Disputes Act claim?

    A Tribe must certify a claim for more than $100,000 in accordance
with the Contract Disputes Act. The Tribe must certify that:
    (a) The claim is made in good faith;
    (b) Supporting documents or data are accurate and complete to the
best of the Tribe's knowledge and belief;
    (c) The amount claimed accurately reflects the amount the Tribe
believes is owed; and
    (d) The individual making the certification is authorized to make
the claim on behalf of the Tribe and bind the Tribe with respect to the
claim.

Sec.  29.916  Who bears the burden of proof in a Contract Disputes Act
claim?

    The Tribe bears the burden of proof to demonstrate, by a
preponderance of the evidence, the validity of a Contract Disputes Act
claim.

Sec.  29.917  What is the Department's role in processing the Contract
Disputes Act claim?

    (a) The Department must document the date that the Chief Self-
Governance Official received the claim.
    (b) The Chief Self-Governance Official must provide the Tribe with
an opportunity to resolve the claim informally with assistance from
Department officials who have not substantially participated in the
disputed matter. Such informal mechanisms may include participating in
dispute resolution pursuant to Sec.  29.901.
    (c) If the Department and the Tribe do not agree on a settlement,
the Chief Self-Governance Official must issue a written decision on the
claim by any method that provides a receipt.

Sec.  29.918  What information must the Chief Self-Governance
Official's decision contain?

    (a) The Chief Self-Governance Official's decision must:
    (1) Describe the claim or dispute;
    (2) Reference the relevant terms of the compact and funding
agreement;
    (3) Set forth the factual areas of agreement and disagreement; and
    (4) Set forth the Chief Self-Governance Official's decision, and
provide the facts and reasons that support the decision.
    (b) The Chief Self-Governance Official must provide the decision to
the Tribe and describe the Tribe's appeal rights in language similar to
the following:
    This is a final decision. You may appeal this decision to the
Civilian Board of Contract Appeals (CBCA), 1800 F Street NW,
Washington, DC 20245. If you decide to appeal, you must provide written
notice within 90 days of receipt of this decision to the CBCA and
provide a copy to the Chief Self-Governance Official. The notice must
indicate that an appeal is intended, and refer to the decision and
contract number. Instead of appealing to the CBCA, you may bring an
action in the U.S. Court of Federal Claims or U.S. District Courts
within 12 months of the date you receive this notice. If you do not
appeal a decision within one of these time periods, it is not subject
to further review.

Sec.  29.919  When must the Chief Self-Governance Official issue a
written decision on the claim?

    (a) If the claim is for less than $100,000, the Tribe may request
that the Chief Self-Governance Official issue a decision within 60 days
of the date of receipt of the claim. If the Tribe does not request that
the Chief Self-Governance Official issue a decision within 60 days of
the date of receipt of the claim, the Chief Self-Governance Official
must issue a decision within a reasonable time, which will depend on
the size and complexity of the claim and the adequacy of the
information provided in support of the claim. The Tribe must request a
decision by the Chief Self-Governance Official before seeking an appeal
in accordance with paragraph (c) of this section.
    (b) If the claim is for more than $100,000, the Chief Self-
Governance Official must issue a decision within 60 days of the date of
receipt of the claim or notify the Tribe of the time within which the
Chief Self-Governance Official will issue a decision. Such timeframe
must be reasonable, which will depend on the size and complexity of the
claim and the adequacy of the information provided in support of the
claim.
    (c) If the Chief Self-Governance Official does not issue a decision
within these time frames, a Tribe may treat the delay as a denial and
appeal the decision in accordance with Sec.  29.921.

Sec.  29.920  Is a decision of the Chief Self-Governance Official
final?

    (a) A decision of the Chief Self-Governance Official is final and
conclusive, and not subject to review, unless the Tribe timely
commences an appeal or suit pursuant to the Contract Disputes Act.
    (b) Once the Chief Self-Governance Official issues a decision, the
decision may not be changed except by agreement of the parties or under
the following limited circumstances:
    (1) Evidence is discovered that could not have been discovered
through due diligence before the Chief Self-Governance Official issued
the decision;
    (2) The Chief Self-Governance Official learns that there has been
fraud, misrepresentation, or other misconduct by a party;
    (3) The decision is beyond the scope of the Chief Self-Governance
Official's authority;
    (4) The claim has been satisfied, released, or discharged; or
    (5) Any other reason justifying relief from the decision.
    (c) If the Chief Self-Governance Official withdraws a decision and
issues a new decision that is not acceptable to the Tribe, the Tribe
may appeal the new decision in accordance with Sec.  29.921. If the
Chief Self-Governance Official does not issue a new decision, the Tribe
may proceed under Sec.  29.919(c).
    (d) If a Tribe files an appeal or suit, the Chief Self-Governance
Official may modify or withdraw the final decision before a decision is
issued in the pending appeal.

Sec.  29.921  Where may a Tribe appeal the Chief Self-Governance
Official's decision on a Contract Disputes Act claim?

    A Tribe may appeal the Chief Self-Governance Official's decision on
a Contract Disputes Act claim in one of the following forums:
    (a) The Civilian Board of Contract Appeals. The appeal must be in
accordance with the Board's implementing regulations in 48 CFR part
6101;
    (b) The U.S. Court of Federal Claims; or
    (c) The U.S. District Courts.

Sec.  29.922  May a party appeal a Civilian Board of Contract Appeals
decision?

    A party may appeal a decision of the Civilian Board of Contract
Appeals within 120 days to the U.S. Court of Appeals for the Federal
Circuit.

Sec.  29.923  What is the effect of a pending appeal?

    (a) A Tribe must continue performance in accordance with the
compact and funding agreement during the appeal of any claims to the
same extent the Tribe would have performed had there been no dispute.
    (b) A pending dispute will not affect or prevent the negotiation or
award of any subsequent compact or funding

agreement between the Department and the Tribe.

Termination Appeals

Sec.  29.924  May a Tribe appeal the Department's decision to terminate
a compact or funding agreement?

    A Tribe may appeal the Department's decision to terminate a compact
or funding agreement to the Department's Office of Hearings.

Sec.  29.925  Is a Tribe entitled to a hearing on the record?

    (a) The Department must provide a Tribe with a hearing on the
record for a non-immediate termination prior to or in lieu of the
corrective action period set forth in the termination notice as
described in Sec.  29.802.
    (b) The Department must provide a Tribe with a hearing on the
record for an immediate termination. The Department and the Tribe will
work together to determine a mutually acceptable time and place for the
hearing. The hearing on the record must commence no later than 10 days
after the date of such termination or a later date upon mutual
agreement. If feasible, the hearing may occur virtually or
telephonically. If requested by the Tribe, the Department may arrange
for an in-person hearing.
    (c) The Tribe may decline a hearing in writing.

Sec.  29.926  What rights do the parties have in an appeal of a
termination decision?

    (a) During the appeal of a termination decision, a Tribe and the
Department have the right to:
    (1) A designated representative;
    (2) Present the testimony of witnesses, orally or in writing, who
have knowledge of the relevant issues;
    (3) Cross-examine witnesses;
    (4) Introduce oral or documentary evidence, or both;
    (5) Receive, upon request and payment of reasonable costs, a copy
of the transcript of the hearing, and copies of all documentary
evidence that is introduced at the hearing;
    (6) Take depositions, request the production of documents, serve
interrogatories on other parties, and request admissions; and
    (7) Any other procedural rights established under the
Administrative Procedure Act.
    (b) An administrative law judge assigned by the chief
administrative law judge of the Department's Office of Hearings must
conduct hearings on the record for a termination decision unless the
Tribe waives the hearing.

Sec.  29.927  What notice and service must the parties provide?

    (a) The parties must file each document with U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    (b) The parties must serve copies of each document with:
    (1) The Chief Self-Governance Official; and
    (2) The authorized Tribal representative.

Sec.  29.928  What is the Department's burden of proof for a
termination decision?

    The Department must demonstrate by clear and convincing evidence
the validity of the grounds for the termination.

Sec.  29.929  How will the Department communicate its decision
following a hearing on a termination decision?

    After the hearing or any post-hearing briefing schedule established
by the Department's Office of Hearings, the administrative law judge
must send all parties the decision by any method that provides a
receipt. The decision must contain the administrative law judge's
findings of fact and conclusions of law on all the issues.

Sec.  29.930  May a party appeal the decision of an administrative law
judge?

    The decision of an administrative law judge is a final agency
action subject to judicial review under the Administrative Procedure
Act, and a party may appeal it to the U.S. District Courts.

Sec.  29.931  What is the effect of an appeal on negotiations?

    A pending appeal of a termination decision will not affect or
prevent the award of another funding agreement or TTP agreement.
However, if the Department terminates all or a portion of a compact or
funding agreement due to a finding of gross mismanagement or imminent
jeopardy, which is sustained on appeal, and the Tribe has not corrected
the adverse findings, the Department has discretion to reject a
proposal to award the Tribe a new funding agreement or provide new
funds in an existing funding agreement.

[FR Doc. 2019-21464 Filed 10-1-19; 8:45 am]
 BILLING CODE 4910-9X-P


INTERSTATE AIR QUALITY RULE DOCKETING FORM NAME OF GROUP: Congressional Staffers Jim Reilly and Sharon Segner MEETING__ X___ SPEECH_____ PHONE CALL_____

DATE: January 16, 2004 LOCATION OF MEETING/ SPEECH/ PHONE CALL: EPA Facility, Research Triangle Park, NC PURPOSE OF MEETING/ SPEECH/ PHONE CALL:

The purpose of the meeting was to discuss technological innovations for reducing NOx, SO2 and mercury from power plants. EPA staff presented the latest findings in PM research and the timing for the PM NAAQS review. In addition, EPA staff answered questions about the recently proposed Interstate Air Quality Rule and the Utility MACT.

ATTENDEES: Sharon Segner, Jim Reilly, Congressional Staff; Wojciech Jozewicz ( Acardis); EPA: Bob Hetes, Dan Costa, Deborah Janes, Frank Princiotta, Gregory Green, Jeffrey Clark, John Bachmann, Karen Martin, Lester Grant, Lydia Wegman, Mary Ross, Peter Tsirigotis, Ravi Srivastava, Bill Maxwell, Jenny Noonan, Steve Page, Sikander Khan, Sarah Dunham ( via phone), Robert Fegley, Don McKinnon, Bill Russo, Jim Vickery.

COMMENTS:

ATTACHMENTS ( HANDOUTS): See attached January 16, 2003 Agenda for Visit by Jim Reilly ( staff to Senator Carper ( D DE) and Sharon Segner ( staff to Senator Alexander ( R TN)

Flight Arrives RDU 9: 45 AM. Picked up by Debbie Janes, ORD Public Affairs, in a silver town car with a green EPA folder in the windshield. 919 418 8375 ( cell)

10: 30   10: 45 Office of Air Quality Planning and Standards overview of Air Quality Programs Building C Room 401A ° Steve Page/ Jeff Clark 10: 45   12: 30 Discussion of air pollution technology and how it relates to policy Building C Room 300A ° Peter Tsirigotis, Ravi Srivastava, Bob Wayland, Sikander Khan, John Bachmann, Frank Princiotta ° Wojciech Jozewicz, Acardis 12: 30 1: 30 Box Lunch and Overview of IAQR & Hg proposals Building C Room 300A ° Steve Page/ Lydia Wegman/ Peter Tsirigotis/ John Bachmann/ Bob Wayland/ Sikander Khan 1: 30 2: 00 PM Research and PM staff paper update Building C Room 300A ° Dan Costa/ John Bachmann/ Les Grant 2: 00 2: 45 Green Building tour featuring Multipollutant Control Research Facility ° Met by Wanda Allen, OARM, at guard's desk in C Building and discussion by Frank Princiotta in high bay 3: 00 leave for airport Don McKinnon and Robert Fegley will be accompanying the group.

OAQPS Contact: Jenny Noonan 919/ 541 0193 ( work) 919/ 624 3226 ( cell)


[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 42898-42900]
[FR Doc No: 2013-17293]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0624; Directorate Identifier 2013-NM-071-AD]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72-101, -
201, -102, -202, -211, -212, and -212A airplanes. This proposed AD was
prompted by reports of airplane incidents and accidents that have
occurred because of low-level fuel tank situations and fuel starvation
that resulted in engine flameouts. This proposed AD would require
installing a fuel quantity indicator (FQI) equipped with a locking
adaptor on the electrical connector. We are proposing this AD to
prevent an engine flame-out, which could result in reduced
controllability of the airplane.

DATES: We must receive comments on this proposed AD by September 3,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
ATR-GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0624;
Directorate Identifier 2013-NM-071-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0047, dated March 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Large aeroplane incidents and accidents have occurred because of
fuel tank low level situations, or because of fuel starvation,
resulting in one or several engine(s) flame-out. The results of the
investigation into an ATR 72 accident in August 2005 have shown that
overruling standard operational procedures and maintenance practices
have led to this kind of occurrence.

    Consequently, additional actions to help avoid maintenance
errors, like installation of a wrong gauge or wrong indicator, need
to be taken.
    Although it is recognised that the fuel (indicating) system of
the ATR42/72 type design is compliant with the applicable
requirements, the risk of other maintenance errors will be mitigated
by making installation of an ATR 42 Fuel Quantity Indicator (FQI) on
an ATR 72 aeroplane mechanically impossible through a specific
design change on the ATR 72.
    For the reasons described above, this [EASA] AD requires
modification of the ATR 72 FQI by installing a locking adaptor on
the electrical connector.

We are proposing this AD to prevent an engine flame-out, which could
result in reduced controllability of the airplane. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Avions de Transport R[eacute]gional has issued Service Bulletin
ATR72-28-1026, dated February 26, 2013. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 25 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $3,882 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $101,300, or $4,052 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This proposed regulation is
within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2013-
0624; Directorate Identifier 2013-NM-071-AD.

(a) Comments Due Date

    We must receive comments by September 3, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR72-101, -201, -102, -202, -211, -212, and -212A airplanes,
certificated in any category, except airplanes that have received
ATF modification 5948 in production.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of airplane incidents and
accidents that have occurred because of low-level fuel tank
situations and fuel starvation that resulted in engine flameouts. We
are issuing this AD to prevent an engine flame-out, which could
result in reduced controllability of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Installation

    At the applicable compliance times specified in paragraph (g)(1)
or (g)(2) of this AD: Install a fuel quantity indicator (FQI)
equipped with a locking adaptor on the electrical connector, in
accordance with the Accomplishment Instructions of Avions de
Transport R[eacute]gional Service Bulletin ATR72-28-1026, dated
February 26, 2013.
    (1) For airplanes on which a fuel secondary low level detection
system is not installed: Within 24 months after the effective date
of this AD.
    (2) For airplanes on which a fuel secondary low level detection
system is installed: Within 36 months after the effective date of
this AD.

    Note 1 to paragraph (g) of this AD: The fuel secondary low level
detection system may have been installed through the embodiment of
ATR modification 04686 in production, or as applicable, through ATR
Service Bulletins ATR72-28-1013 or ATR72-28-1022 in service.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-
1137; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0047, dated March 4, 2013; and Avions de Transport R[eacute]gional
Service Bulletin ATR72-28-1026, dated February 26, 2013; for related
information.
    (2) For service information identified in this AD, contact ATR-
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 11, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-17293 Filed 7-17-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Page 4151]
[FR Doc No: 2021-01101]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:  86 FR 1557,
January 8, 2021.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Wednesday, January
13, 2021 at 2:00 p.m.

CHANGES IN THE MEETING: The Closed Meeting scheduled for Wednesday,
January 13, 2021 at 2:00 p.m. has been changed to Wednesday, January
13, 2021 at 2:30 p.m. In addition, the following matter will also be
considered:
     Other matters relating to examination matters and
enforcement proceedings.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 13, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-01101 Filed 1-13-21; 4:15 pm]
BILLING CODE 8011-01-P