1. LawStack
  2. Title 25 - Indians
  3. Chapter VI - OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
  4. Part 1000 - ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
  5. Subpart F - Non-BIA Annual Self-Governance Compacts and Funding Agreements
  6. Topic - Eligibility
  7. 25 CFR § 1000.129
25 CFR § 1000.129
Are there any programs that may not be included in an AFA?
February 24, 2021
CFR

Yes, section 403(k) of the Act excludes from the program:

(a) Inherently Federal functions; and

(b) Programs where the statute establishing the existing program does not authorize the type of participation sought by the Tribe/Consortium, except as provided in §1000.134.

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§ 1000.128 Is there a contracting preference for programs of special geographic, historical, or cultural significance?
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§ 1000.130 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 AFA?

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