If a program is of special geographic, historical, or cultural significance to more than one Tribe, the bureau may allocate the program among the several Tribes/Consortia or select one Tribe/Consortium with whom to negotiate an AFA.
In making a determination under paragraph (a) of this section, the bureau will, in consultation with the affected Tribes, consider:
The special significance of each Tribe's or Consortium member's interest; and
The statutory objectives being served by the bureau program.
The bureau's decision will be final for the Department.
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