[Title 25 CFR VII]
[Code of Federal Regulations (annual edition) - April 1, 2004 Edition]
[Title 25 - INDIANS]
[Chapter Vii - OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS,]
[From the U.S. Government Printing Office]


25INDIANS12004-04-012004-04-01falseOFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS,VIICHAPTER VIIINDIANS
    CHAPTER VII--OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS, 
                       DEPARTMENT OF THE INTERIOR




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Part                                                                Page
1200            American Indian Trust Fund Management Reform 
                    Act.....................................        1111

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PART 1200_AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT--Table of Contents




                      Subpart A_General Provisions

Sec.
1200.1 Purpose of this regulation.
1200.2 Definitions.
1200.3 What is the Department's policy on tribal management of trust 
          funds?
1200.4 May tribes exercise increased direction over their trust funds 
          and retain the protections of Federal trust status?
1200.5 What are the advantages and disadvantages of managing trust funds 
          under the options in Sec. 1200.4?
1200.6 Do these regulations tell tribes how to receive future income 
          directly rather than have the government continue to collect 
          it?
1200.7 Information collection.

              Subpart B_Withdrawing Tribal Funds From Trust

1200.10 Who is eligible to withdraw their tribal funds from trust?
1200.11 What funds may be withdrawn?
1200.12 What limitations and restrictions apply to withdrawn funds?
1200.13 How does a tribe apply to withdraw funds?
1200.14 What must the Tribal Management Plan contain?
1200.15 What is the approval process for management plans?
1200.16 What criteria will be used in evaluating the management plan?
1200.17 What special criteria will be used to evaluate management plans 
          for judgment or settlement funds?
1200.18 When does the Department's trust responsibility end?
1200.19 How can the plan be revised?
1200.20 How can a tribe withdraw additional funds?
1200.21 How may a tribe appeal denials under this part?

                Subpart C_Returning Tribal Funds to Trust

1200.30 How does a tribe notify the Department if it wishes to return 
          withdrawn funds to Federal trust status?
1200.31 What part of withdrawn funds can be returned to trust?
1200.32 How often can funds be returned?
1200.33 How can funds be returned?
1200.34 Can a tribe withdraw redeposited funds?

                     Subpart D_Technical Assistance

1200.40 How will the Department provide technical assistance for tribes?
1200.41 What types of technical assistance are available?
1200.42 Who can provide technical assistance?
1200.43 How can a tribe apply for technical assistance?
1200.44 What action will the Department take on requests for technical 
          assistance?

    Authority: 25 U.S.C. 4001.

    Source: 61 FR 67932, Dec. 26, 1996, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 1200.1  Purpose of this regulation.

    This part describes the processes by which Indian tribes can manage 
tribal funds currently held in trust by the United States. It defines 
how tribes may withdraw their funds from trust status; how they may 
return funds to trust; and how they may request technical assistance or 
grants to help prepare plans to manage funds or to ensure the capability 
to manage those funds.



Sec. 1200.2  Definitions.

    As used in this part:
    Act means the American Indian Trust Fund Management Reform Act of 
1994 (Pub. L. 103-412, 108 Stat. 4239, 25 U.S.C. 4001).
    Agency Superintendent means the official in charge of a Bureau of 
Indian Affairs Agency.
    Area Director means the official in charge of a Bureau of Indian 
Affairs area office.
    Bureau or BIA means the Bureau of Indian Affairs, Department of the 
Interior.
    Department or DOI means the Department of the Interior.
    General Counsel means the attorney for the tribe.
    OST means the Office of the Special Trustee for American Indians, 
Department of the Interior.
    OTFM means the Office of Trust Funds Management, Department of the 
Interior.
    Resolution means the formal manner in which a tribal government 
expresses its legislative will.
    Secretary means the Secretary of the Interior or his/her designee.

[[Page 1112]]

    Solicitor means the Office of the Solicitor, Department of the 
Interior.
    Special Trustee means the Special Trustee for American Indians 
appointed under title III of the Act.
    Tribal council means the elected or appointed governing officials of 
any tribe which is recognized by the Secretary.
    Tribe means any Indian tribe, band, nation, rancheria, pueblo, 
colony or community, including any Alaska Native village or regional or 
village corporation as defined or established pursuant to the Alaska 
Native Claims Settlement Act which is federally recognized by the U.S. 
Government for special programs and services provided by the Secretary 
to Indians because of their status as Indians. For this purpose, it also 
means two or more tribes joined for any purpose, the joint assets of 
which include funds held in trust by the Secretary. An example of this 
would be the KCA (consisting of the Kiowa, Comanche and Apache Tribes).
    Us means the Department of the Interior, i.e., the Secretary of the 
Interior or his/her designee.
    We means the Department of the Interior, i.e., the Secretary of the 
Interior or his/her designee.



Sec. 1200.3  What is the Department's policy on tribal management of 
trust funds?

    (a) We will give tribes as much responsibility as they desire for 
the management of their tribal funds that we currently hold in trust.
    (b) Title II of the American Indian Trust Fund Management Reform 
Act, implemented by these regulations, offers tribes one approach for 
assuming increased management of their funds that we now hold in trust 
and administer. Under title II, a tribe may completely remove its funds 
from Federal trust status and manage them as it wishes, subject to the 
requirements and conditions in this part. When a tribe withdraws its 
funds under this part, it may invest those funds in equities or other 
investment vehicles that are statutorily unavailable to us.



Sec. 1200.4  May tribes exercise increased direction over their trust 
funds and retain the protections of Federal trust status?

    Yes. The Tribal Self-Governance Act (25 U.S.C. 458) and the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 
provide other options for trust funds management. A tribe may choose to 
manage its trust funds under the provisions of these Acts if it wishes. 
These options are covered by 25 CFR part 900 (the ``Indian Self-
Determination and Education Assistance Act Program'') and 25 CFR part 
1000 (the ``Self-Governance Program'').



Sec. 1200.5  What are the advantages and disadvantages of managing trust 
funds under the options in Sec. 1200.4?

    Under these other options, the funds remain in Federal trust status 
and the tribe can exercise a range of control over their management. 
However, the tribe has fewer investment options than it has when it 
withdraws its funds completely from trust status. If a tribe chooses to 
keep its funds in trust status, the tribe is subject to the same 
statutory investment restrictions that bind us. That means that the 
tribe's investments are limited to bank deposits and securities 
guaranteed by the United States. (See 25 U.S.C. 162a for specific 
statutory investment restrictions.)



Sec. 1200.6  Do these regulations tell tribes how to receive future 
income directly rather than have the government continue to collect it?

    No. These regulations apply only to the withdrawal of funds which 
are in trust. Some of these funds come from the sale or lease of trust 
resources. Even if a tribe withdraws its funds, we will collect and 
manage future income. If a tribe wishes to receive future income 
directly, it should contact the OST/OTFM staff at its agency or area 
office to find out how to do this.



Sec. 1200.7  Information collection.

    The information collection requirements contained in subpart B of 
this part, Application to Withdraw Tribal Funds from Trust Status and 
subpart D of this part, Application to Withdraw

[[Page 1113]]

Tribal Funds from Trust Status-General and Specific Budget Technical 
Assistance, have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 et seq. and assigned clearance numbers 1035-001 
(subpart B), and 1035-002 and 1035-003 (subpart D). Information 
collected in Sec. 1200.13 (How does a tribe apply to withdraw funds?) 
will be used to determine the eligibility of applicants, and the 
capability of tribes or their contractors to manage and invest large 
blocks of funds. Information collected in Sec. 1200.43, (How can a 
tribe apply for technical assistance?) will be used to determine the 
eligibility of applicants, as well as the level of need for technical 
assistance, in order for tribes to develop Management Plans and to 
complete the application for withdrawal process.



              Subpart B_Withdrawing Tribal Funds From Trust



Sec. 1200.10  Who is eligible to withdraw their tribal funds from trust?

    Any tribe for whom we manage funds in trust.



Sec. 1200.11  What funds may be withdrawn?

    A tribe may withdraw some or all funds that we hold in trust if we 
approve a plan that it submits under this part.



Sec. 1200.12  What limitations and restrictions apply to withdrawn funds?

    (a) A tribe may withdraw funds appropriated to satisfy judgments of 
the Indian Claims Commission (ICC) and the Court of Federal Claims and 
that we hold under the Indian Judgment Funds Use and Distributions Act 
(25 U.S.C. 1401) or another act of Congress if:
    (1) The tribe uses the funds as specified in the previously approved 
judgment fund plan, and;
    (2) The tribe withdraws only funds held for Indian tribes and does 
not include any funds held for individual tribal members.
    (b) A tribe may withdraw funds appropriated to satisfy settlement 
agreements relating to certain tribal claims and that we hold and manage 
for the tribe pursuant to an act of Congress if:
    (1) The tribe uses the funds as specified in the previously approved 
settlement act plan;
    (2) The tribe withdraws only funds held for Indian tribes and does 
not include any funds held for individual tribal members; and
    (3) It is determined that there is no provision in the act or 
settlement agreement requiring that the funds remain in trust to 
implement the act or agreement that cannot be waived.
    (c) Tribal funds commonly known as ``Proceeds of Labor'' funds, 
usually income to trust resources, are generally withdrawn under normal 
tribal budgeting procedures, but may also be withdrawn from trust under 
this part. These funds may be returned to trust under the provisions of 
subpart C of this part.



Sec. 1200.13  How does a tribe apply to withdraw funds?

    The tribe must submit four copies of its application and the 
attachments listed below to: Director, Office of Trust Funds Management, 
Department of the Interior, 505 Marquette NW, Suite 1000, Albuquerque, 
NM 87102. We will notify the tribe if the application is incomplete and 
will help the tribe complete the application if requested. When we 
determine that the application is complete, we will send copies to the 
appropriate agency superintendent and area director, the Special Trustee 
and the Solicitor. Each application package must contain the items 
listed below.
    (a) Proof that the tribe has notified its members of its intent to 
remove funds from trust and that, when the request is approved, the 
tribe and not the United States Government will be liable for funds 
management. Notification must be by the method(s) that the tribe 
customarily uses to notify its members of significant tribal actions. 
The notification must identify the specific funds to be withdrawn.
    (b) A tribal resolution that:
    (1) Expressly authorizes the withdrawal of the funds and indicates 
the (approximate) dollar amount of the funds to be withdrawn;
    (2) Expressly acknowledges that the funds, once withdrawn in 
accordance with the Act, will no longer be held in

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trust status by the United States, and that we have no further liability 
or responsibility for the funds; and
    (3) Acknowledges that:
    (i) Neither we nor the tribe necessarily accept the account balances 
at the time of withdrawal as accurate; and
    (ii) Neither we nor the tribe have waived any rights regarding the 
balances, including the right to seek compensation for incorrect 
balances.
    (c) A copy of a formal agreement between the tribe and the manager 
of the funds to be withdrawn, in which the manager agrees to:
    (1) Comply with the terms of the plan we approve under Sec. 1200.15 
and make only those changes that conform to revision procedures in the 
approved plan and the requirements of Sec. 1200.19; and
    (2) Transfer funds to the tribe or another manager only after 
receiving a valid tribal resolution calling for this transfer and proof 
that the tribe has notified its members of intent to transfer the funds. 
The resolution must clearly state that:
    (i) The funds are being withdrawn to be reinvested by the tribe in a 
manner consistent with the goals and strategies of the approved plan; 
and
    (ii) The fund managers will continue to follow any previously 
approved distribution plan conditions.
    (d) A legal opinion by the tribe's attorney or its general counsel 
that:
    (1) The resolution referred to in paragraph (b) of this section was 
enacted under procedures established by the tribe's organic documents or 
oral tradition;
    (2) The tribal governing body has the legal authority to withdraw 
funds from trust status and that the withdrawal does not require a 
referendum vote or other procedure beyond a tribal council resolution; 
and
    (3) If the funds to be withdrawn are judgment or settlement funds, 
that the tribe's plan for managing the funds meets the requirements of 
any applicable judgment fund use and distribution plan or settlement 
act.
    (e) The results of a tribal referendum, if one was held.
    (f) If the funds to be withdrawn are judgment or settlement funds, a 
copy of the act and/or plan that sets out the conditions for the uses of 
the funds or income from them.
    (g) A management plan as provided for in Sec. 1200.14.



Sec. 1200.14  What must the Tribal Management Plan contain?

    The Tribal Management Plan required by Sec. 1200.13 must include 
each of the following:
    (a) Tribal investment goals and the strategy for achieving them.
    (b) A description of the protection against the substantial loss of 
principal, as set forth in Sec. 1200.16.
    (c) A copy of the tribe's ordinances and procedures for managing or 
overseeing the management of the funds to be withdrawn. These must 
include adequate protections against fraud, abuse, and violations of the 
management plan.
    (d) A description of the tribe's previous experience managing or 
overseeing the management of invested funds. This should include factual 
data of past performance of tribally-managed funds (i.e., audited 
reports) and the identity and qualifications of the tribe's investment 
officer.
    (e) A description of the capability of all of the individuals or 
investment institutions that will be involved in managing and investing 
the funds for the tribe. Provide copies of State or Federal security 
applications for account executive(s).
    (1) Investment entities named must submit:
    (i) Ownership information (including Central Registry Depository 
(CRD) numbers);
    (ii) Asset size and capitalization;
    (iii) Assets under management;
    (iv) Performance statistics on managed accounts for the past 5 
years; and
    (v) Any adverse actions by licensing and/or regulatory bodies within 
the past 5 years.
    (2) In addition, we may ask about:
    (i) Soft dollar arrangements;
    (ii) Affiliation with broker dealers, banks, insurance and/or 
investment companies;
    (iii) Research done in house;
    (iv) Recent changes in active portfolio managers; and

[[Page 1115]]

    (v) Any other information necessary to make an adequate evaluation 
of the proposed plan.
    (f) A description of how the plan will ensure that the fund manager 
will comply with any conditions established in judgment fund plans or 
settlement acts.
    (g) Proof of liability insurance of the investment firm.
    (h) Proof of liability insurance that protects against fraud for 
those Tribal Council members with authority to disburse funds. In many 
tribes the chairperson, and the comptroller and/or the tribal treasurer, 
for example, would be the positions having this authority.
    (i) A plan for custodianship of investment securities that includes:
    (1) Name of persons in the tribe who can direct the custodian;
    (2) Name of the custodian;
    (3) Copy of intended custodian agreement;
    (4) Size of custodian operation;
    (5) Disclosure of any security lending provisions; and
    (6) Insurance coverage.
    (j) A tribal council agreement to provide an annual audit and report 
on performance of withdrawn funds to the tribal membership, with a copy 
to: Office of the Special Trustee for American Indians, Department of 
the Interior, MS-5140, 1849 C Street NW, Washington, DC, 20240. This 
agreement must include:
    (1) A statement that the copy to the Special Trustee is for 
information only, and infers no liability on our part regarding the 
audit results, nor does it infer a requirement for us to take any action 
whatsoever; and
    (2) A description of the steps (including audit performance and 
reporting) the tribe will take to ensure its membership that the tribe 
is continuing to comply with the terms of the plan submitted and 
approved pursuant to judgment fund limitations (if any) and/or the terms 
of the Act.
    (k) The proposed date for transfer of funds.
    (l) A statement as to whether the tribe chooses to receive the 
withdrawal as a cash balance transfer, as a transfer of marketable 
investments that we own for the tribe, or as a combination of the two.
    (1) A cash balance transfer may require us to sell bonds, notes, or 
other investments that we purchased when investing the tribe's monies.
    (2) We cannot transfer non-marketable securities to a tribe. We can 
only purchase and hold them and must sell them back to the U.S. 
Treasury.
    (3) If we sell a tribe's security at a loss (i.e., when market value 
is less than book value or carrying value) we will first notify the 
tribe. The tribe must instruct us to proceed with the sale and must 
agree not to hold us responsible for the loss before we will make the 
sale.
    (4) If the tribe asks us to transfer marketable securities, upon 
proper instructions from the new tribal custodian, we will order our 
custodian to physically transfer the proper security to the new 
custodian on the agreed upon date.
    (m) Agreement that judgment award funds will have segregated 
accounts.
    (n) A description of the procedures for amending or revising the 
plan.



Sec. 1200.15  What is the approval process for management plans?

    The Secretary will approve or disapprove each management plan, based 
in part upon our recommendation.
    (a) We will determine the completeness of the application, provide 
for adequate professional review of the application and the management 
plan, and provide technical assistance as necessary to make an 
application complete.
    (b) We will coordinate with area directors in confirming authority 
of tribal governments to make requests.
    (c) We will approve or disapprove a request within 90 calendar days 
of receiving a completed application. This 90-day period does not 
include time that we spend awaiting a response from the tribe for 
additional information that we have requested. All determinations will 
be in writing, and all responses will be by certified mail.
    (d) If we find that a plan does not meet the criteria in Sec. 
1200.16, we will notify the tribe of shortcomings of the request, and 
allow the tribe to respond before recommending formal disapproval.

[[Page 1116]]

    (e) Before final approval, we will reach agreement with the tribe on 
how many days after final approval we will transfer the funds. We will 
transfer the funds as soon after final approval as the tribe or manager 
is ready to receive them, unless we need additional time to sell 
existing instruments.



Sec. 1200.16  What criteria will be used in evaluating the management plan?

    Each plan must be approved by the appropriate tribal governing body, 
and must be accompanied by a resolution approving the plan. The plan 
must be reasonable in light of the trust responsibility and the 
principles of Indian self-determination, and other appropriate factors, 
including, but not limited to, the factors listed below:
    (a) We will evaluate the individuals or entities that will manage 
the funds to be withdrawn, or that will advise the tribe on investing 
the funds to be withdrawn in order to determine if they have the 
capability and experience to manage the funds. Among the elements we 
will evaluate are: the number of years in business, the performance 
record for funds management, and the ability to compensate the tribe if 
the entity is found liable for failing to comply with the tribe's 
management plan (i.e., its assets, bonding, and insurance).
    (b) We will review the tribe's experience in managing investments. 
We will compare this experience to the complexity of the proposed 
management plan to determine whether the tribe has the experience to 
manage its proposed plan or whether it should begin with a less complex 
approach.
    (c) We will evaluate the tribe's internal audit and control systems 
for overseeing or monitoring its investment activity.
    (d) We will evaluate the adequacy of protection against substantial 
loss of principal. Our determination will include a thorough evaluation 
of the tribe's investment plan including:
    (1) The goals and objectives;
    (2) The proposed uses of the fund in order to meet business 
objectives;
    (3) The size and diversity of the investment portfolio (for example, 
the class of stocks and the mixture of types of investments);
    (4) The financial condition of the tribe;
    (5) The inherent riskiness of the proposed investments; and
    (6) The tribe's projected need and proposed timeframes to draw down 
the funds being invested or the income from them.
    (e) We will determine the likelihood that the plan will be followed. 
We will base this determination on the contents of the agreement between 
the tribe and the fund manager and other appropriate factors.



Sec. 1200.17  What special criteria will be used to evaluate management 
plans for judgment or settlement funds?

    For judgment or settlement funds, in addition to the criteria in 
Sec. 1200.16, we will determine if the plan adequately provides for 
compliance with any conditions, uses of funds, or other requirements 
established by the appropriate judgment fund plan or settlement act.



Sec. 1200.18  When does the Department's trust responsibility end?

    Our trust responsibility for funds withdrawn under this part ends on 
the date that the funds are withdrawn. However at the time of withdrawal 
neither we nor the tribe may be deemed to have accepted the account 
balance at the time of withdrawal as accurate; or waived any rights 
regarding the balance and our ability to seek compensation.



Sec. 1200.19  How can the plan be revised?

    Once a tribe has withdrawn its funds, the tribe may revise its plan 
without our approval. All revisions should conform to the procedures 
outlined in the approved management plan. The tribe should inform its 
members of all revisions to a plan through normal tribal procedures 
before the revisions are implemented.



Sec. 1200.20  How can a tribe withdraw additional funds?

    (a) If a tribe has withdrawn funds under an approved tribal 
management plan and wishes to withdraw additional funds that will be 
managed under the same plan, it need not submit a complete new 
application. The tribe must:

[[Page 1117]]

    (1) Notify us of the additional amount it intends to withdraw and 
whether the funds to be withdrawn are in kind or cash. (Written 
notification should be provided to our address in Sec. 1200.13);
    (2) Send us a tribal resolution approving the new withdrawal and 
certifying that the funds are being withdrawn subject to the same 
conditions and that they will be managed under the plan in the original 
approved application;
    (3) Send us a copy of the most recent compliance audit or investment 
report.
    (b) After we finish our review we will release the additional funds, 
unless the compliance audit or investment report indicates that the 
tribe is not complying with its management plan. In this case, we will 
not release the additional funds until the tribe demonstrates that it is 
complying with the management plan.



Sec. 1200.21  How may a tribe appeal denials under this part?

    If we deny a request or do not approve an application within 90 days 
of a request, the tribe may address any problems that we identify and 
resubmit a revised request, seek technical assistance, or appeal the 
denial under 43 CFR part 4.



                Subpart C_Returning Tribal Funds to Trust



Sec. 1200.30  How does a tribe notify the Department if it wishes to 
return withdrawn funds to Federal trust status?

    If a tribe elects to return some or all of the funds it has 
withdrawn from Federal trust status pursuant to this Act, it must first 
notify us in writing at our address in Sec. 1200.13. This notification 
must provide a proposed date for the return of the funds, as well as the 
amount of funds to be returned, or actual securities to be delivered to 
the appropriate custodian.



Sec. 1200.31  What part of withdrawn funds can be returned to trust?

    A tribe may return all or a portion of the principal which was 
removed from trust under this Act along with earnings and profits. We 
will verify the amount declared for earnings before we accept a return. 
We will accept any amount less than the original principal amount as a 
principal amount.



Sec. 1200.32  How often can funds be returned?

    Tribes may return all or part of withdrawn funds no more than twice 
a year, beginning no sooner than six months after date of withdrawal, 
except with approval of the Secretary.



Sec. 1200.33  How can funds be returned?

    Funds may be returned either as cash or securities, which meet the 
requirements for investments in 25 U.S.C. 162a. Cash can be transferred 
to the US Treasury by Electronic Funds Transfers (EFT), or the Automated 
Clearing House (ACH) process. Tribes must coordinate the transfer of 
ownership in securities with us to ensure proper credit to the tribe. 
The securities must meet investment restrictions contained in 25 U.S.C. 
162a.



Sec. 1200.34  Can a tribe withdraw redeposited funds?

    Yes. If a tribe wishes to withdraw redeposited funds from Federal 
trust status, it must submit a written request to do so, accompanied by 
a new resolution and any revisions it wishes to make in its original 
management plan.



                     Subpart D_Technical Assistance



Sec. 1200.40  How will the Department provide technical assistance for 
tribes?

    (a) We will provide direct or contract technical assistance, in 
accordance with appropriations availability to tribes for developing, 
implementing, and managing Indian trust fund investment plans. We will 
ensure that our legal, financial and other expertise is made fully 
available to advise tribes in developing, implementing, and managing 
investment plans.
    (b) We may award grants to tribes for developing and implementing 
plans for investing Indian tribal trust funds.
    (c) Tribes may also obtain technical assistance on their own.

[[Page 1118]]



Sec. 1200.41  What types of technical assistance are available?

    The types of technical assistance include: investment planning; 
accounting; selection of investment managers; monitoring of investments; 
asset management; or other assistance appropriate to support funds 
withdrawal.



Sec. 1200.42  Who can provide technical assistance?

    A sample of competent providers includes any of the following 
entities with the appropriate skills and capabilities: available DOI or 
OST staff; intertribal organizations; public agencies; and contracted 
private investment firms.



Sec. 1200.43  How can a tribe apply for technical assistance?

    (a) Tribes wishing technical assistance may request it by sending us 
a letter along with a tribal resolution outlining the technical 
assistance required, tribal resources which may be applied to the need, 
and suggested provider, if known. The resolution must state clearly that 
the assistance is needed for developing, implementing, or managing an 
investment plan under the provisions of this authority.
    (b) Tribes requesting funds for technical assistance must send a 
completed SF-424, APPLICATION FOR FEDERAL ASSISTANCE, and SF-424A, 
BUDGET INFORMATION, along with a tribal resolution, detailing the 
assistance specifically requested, and the suggested provider to our 
address in Sec. 1200.13.
    (c) We will make grants subject to funds availability. We will 
publish a notice in the Federal Register concerning the availability of 
funding, deadlines for grants, the application process, and approval 
criteria. If funding is limited, grants will be awarded based on 
criteria that we feel will best meet the intent of the Act. We will 
consult with tribes in determining annual criteria. Unsolicited grant 
requests will not be accepted.



Sec. 1200.44  What action will the Department take on requests for 
technical assistance?

    We will respond in writing to all requests for technical assistance 
and grants, advising of decision, availability of appropriate expertise 
and funding, and anticipated delivery of the service.