The tribal representatives have provided the Committee with a list of eight issues. They have asked the Department to agree to not publish any regulatory provision which: limits the reallocation authority of a Self-Governance Tribe/consortium by requiring that reallocation of funds may only be between programs in annual funding agreements; limits the local decision-making of a Self-Governance Tribe/consortium by requiring that funds in an annual funding agreement shall only be spent on specific programs listed in such funding agreement; prohibits Tribal Base funding from including other recurring funding within Tribal Priority Allocations; requires renegotiation or rejection of a previously executed Self-Governance Compact or Funding Agreement or a provision therein; prohibits a Self-Governance Tribe/ consortium from investing funds received under Self-Governance Compacts in a manner consistent with the ``prudent investor'' standard; requires any Self-Governance Tribe/consortium to adopt ``conflict of interest'' standards which differ from those previously adopted by its governing body; applies project-specific construction requirements to a tribal assumption of project design and other construction management services or of road construction activities involving more than one project; or fails to provide that ``Inherent Federal functions'' for purposes of the published regulations shall mean those Federal functions that cannot be legally transferred to a Self-Governance Tribe.
Andrea Joy Campbell: “The tribal representatives have provided the Committee with a list of eight issues. They have asked the Department to…”
Editor's note · Context
Discussing issues raised by tribal representatives regarding Self-Governance Tribes and regulatory provisions.
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