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§ 1000.104 - Can funding amounts negotiated in an AFA be adjusted during the year it is in effect?

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Yes, funding amounts negotiated in an AFA may be adjusted under the following circumstances:

Congressional action. (1) Increases/decreases as a result of Congressional appropriations and/or a directive in the statement of managers accompanying a conference report on an appropriations bill or continuing resolution.

General decreases due to Congressional action must be applied consistently to BIA, self-governance Tribes/Consortia, and Tribes/Consortia not participating in self-governance.

General increases due to Congressional appropriations must be applied consistently, except where used to achieve equitable distribution among regions and Tribes.

A Tribe/Consortium will be notified of any decrease and be provided an opportunity to reconcile.

Mistakes. If the Tribe/Consortium or the Secretary can identify and document substantive errors in calculations, the parties will renegotiate the amounts and make every effort to correct such errors.

Mutual Agreement. Both the Tribe/Consortium and the Secretary may agree to renegotiate amounts at any time.

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§ 1000.103 - Do Tribes/Consortia need Secretarial approval to reallocate funds between programs that the Tribe/Consortium administers under the AFA?
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