1000.135—How will a bureau negotiate an annual funding agreement for a program of special geographic, historical, or cultural significance to more than one Tribe?
(a)
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.
(b)
In making a determination under paragraph (a) of this section, the bureau will, in consultation with the affected Tribes, consider:
(1)
The special significance of each Tribe's or Consortium member's interest; and
(2)
The statutory objectives being served by the bureau program.
(c)
The bureau's decision will be final for the Department.