View all text of Subjgrp 63 [§ 1000.205 - § 1000.235]

§ 1000.230 - What happens if there is a dispute between the Consortium and the withdrawing Tribe?

(a) The withdrawing Tribe and the parties to the compact and funding agreement must reach an agreement on the amount of funding and other issues associated with the program(s) involved.

(b) If agreement is not reached:

(1) For BIA Programs, the Director of OSG must make a decision on the funding or other issues involved within 45-days of the Tribe's or Consortium's written submittal of the dispute to the Director of OSG with a copy to the other party.

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

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

If the program is administered through . . . then a copy of the decision must be sent to . . . (1) The BIAThe BIA Regional Director, the BIA Director, the withdrawing Tribe, and the Consortium. (2) The BIEThe BIE Associate Deputy Director, the BIE Director, the withdrawing Tribe, and the Consortium. (3) The BTFAThe BTFA Director, the withdrawing Tribe, and the Consortium. (4) The Office of the Assistant Secretary—Indian AffairsThe Assistant Secretary for Indian Affairs, the withdrawing Tribe, and the Consortium.

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