49 CFR § 29.904
What are pre-award decisions that a Tribe may appeal?
November 18, 2020
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.