25 C.F.R. § 900.32

Can the Secretary decline an Indian tribe or tribal organization's proposed successor annual funding agreement?

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No. If it is substantially the same as the prior annual funding agreement (except for funding increases included in appropriations acts or funding reductions as provided in section 106(b) of the Act) and the contract is with DHHS or the BIA, the Secretary shall approve and add to the contract the full amount of funds to which the contractor is entitled, and may not decline, any portion of a successor annual funding agreement. Any portion of an annual funding agreement proposal which is not substantially the same as that which was funded previously (e.g., a redesign proposal; waiver proposal; different proposed funding amount; or different program, service, function, or activity), or any annual funding agreement proposal which pertains to a contract with an agency of DOI other than the BIA, is subject to the declination criteria and procedures in subpart E. If there is a disagreement over the availability of appropriations, the Secretary may decline the proposal in part under the procedure in subpart E.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 2007–2023 · leading case: Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016).

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Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). · cites it 13× “According to the Defendants, the Court then improperly had held that HHS’ interpretation of 25 C.F.R. §§ 900.32 and 900.33 — which allowed the Defendants to look beyond the four corners of Sage Hospital’s contract proposals to determine whether they were “substantially the same”…”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). · cites it 12× “” Because Sage’s proposed Annual Funding Agreement for FY 2014 (“2014 AFA”) is substantially the same as the one approved for FY 2013, you are required to apply the standard under 25 C.F.R. § 900.32 , which answers the question “Can the Secretary decline an Indian .”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 86 F. Supp. 3d 1211 (D.N.M. 2015). · cites it 5× “” Because Sage’s proposed Annual Funding Agreement for FY 2014 (“2014 AFA”) is substantially the same as the one approved for FY 2013, you are required to apply the standard under 25 C.F.R. § 900.32 , which answers the question “Can the Secretary decline an Indian .”

Navajo Nation v. DOI, 57 F.4th 285 (D.C. Cir. 2023). · cites it 5× “25 C.F.R. § 900.32 . Each AFA supplies program funding based on the sum of “direct program expenses” and “contract support costs.”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 110 F. Supp. 3d 1140 (D.N.M. 2015). · cites it 4× “§ 450f(b)(2), and 25 C.F.R. §§ 900.32 and 900.33. See FAC ¶ 55, at 23.”

Cheyenne River Sioux Tribe v. Kempthorne, 496 F. Supp. 2d 1059 (D.S.D. 2007). “25 C.F.R. § 900.32 . Any portion of an AFA proposal that is not substantially the same as that which was funded previously (e.”

Seneca Nation of Indians v. U.S. Dep't of Health & Human Servs., 144 F. Supp. 3d 115 (D.D.C. 2015). “” 25 C.F.R. § 900.32 ; see also 25 U.S.C. § 450j — 1(b) (Secretary may only reduce statutory base amount under limited circumstances).”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). · cites it 20× “§ 450f(b)(2), and 25 C.F.R. §§ 900.32 and 900.33. See SAC ¶¶ 52-55, at 24-25.”

Navajo Nation v. United States Dep't of the Interior (D.D.C. 2022). · cites it 8× “The Nation argues that the 2015 through 2020 AFAs were substantially the same as the 2014 AFA, and thus, DOI regulation 25 C.F.R. § 900.32 required BIA to grant those subsequent proposals.”

Aleutian Pribilof Islands Ass'n v. Kempthorne, 537 F. Supp. 2d 1 (D.D.C. 2008). · cites it 2× “” 25 C.F.R. § 900.32 . If, however, “there is a disagreement over the availability of appropriations,” or if there is a portion of the annual funding agreement proposal that is not substantially the same as in prior years, the Secretary must consider the request under the…”

Aleutian Pribilof Islands Ass'n v. Kempthorne, 537 F. Supp. 2d 1 (D.D.C. 2008). · cites it 2× “" 25 C.F.R. § 900.32 . If, however, "there is a disagreement over the availability of appropriations," or if there is a portion of the annual funding agreement proposal that is not substantially the same as in prior years, the Secretary must consider the request under the…”

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