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Code of Federal Regulations Title 25. Indians § 25.1000.98 How does BIA determine a Tribe's/Consortium's share of funds to be included in an AFA?

Current as of January 02, 2025 | Updated by Findlaw Staff

There are typically two methods for determining the amount of funds to be included in the AFA:

(a) Formula-driven. For formula-driven programs, a Tribe's/Consortium's amount is determined by first identifying the residual funds to be retained by BIA and second, by applying the distribution formula to the remaining eligible funding for each program involved.

(1) Distribution formulas must be reasonably related to the function or service performed by an office, and must be consistently applied to all Tribes within each regional and agency office.

(2) The process in paragraph (a) of this section for calculating a Tribe's funding under self-governance must be consistent with the process used for calculating funds available to non-self-governance Tribes.

(b) Tribal-specific. For programs whose funds are not distributed on a formula basis as described in paragraph (a) of this section, a Tribe's funding amount will be determined on a Tribe–by–Tribe basis and may differ between Tribes. Examples of these funds may include special project funding, awarded competitive grants, earmarked funding, and construction or other one-time or non-recurring funding for which a Tribe is eligible.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 25. Indians § 25.1000.98 How does BIA determine a Tribe's/Consortium's share of funds to be included in an AFA? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-25-indians/cfr-sect-25-1000-98/

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