25 C.F.R. § 900.8

What must an initial contract proposal contain?

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An initial contract proposal must contain the following information:

(a) The full name, address and telephone number of the Indian tribe or tribal organization proposing the contract.

(b) If the tribal organization is not an Indian tribe, the proposal must also include:

(1) A copy of the tribal organization's organizational documents (e.g., charter, articles of incorporation, bylaws, etc.).

(2) The full name(s) of the Indian tribe(s) with which the tribal organization is affiliated.

(d) A copy of the authorizing resolution from the Indian tribe(s) to be served.

(1) If an Indian tribe or tribal organization proposes to serve a specified geographic area, it must provide authorizing resolution(s) from all Indian tribes located within the specific area it proposes to serve. However, no resolution is required from an Indian tribe located outside the area proposed to be served whose members reside within the proposed service area.

(2) If a currently effective authorizing resolution covering the scope of an initial contract proposal has already been provided to the agency receiving the proposal, a reference to that resolution.

(e) The name, title, and signature of the authorized representative of the Indian tribe or tribal organization submitting the contract proposal.

(f) The date of submission of the proposal.

(g) A brief statement of the programs, functions, services, or activities that the tribal organization proposes to perform, including:

(1) A description of the geographical service area, if applicable, to be served.

(2) The estimated number of Indian people who will receive the benefits or services under the proposed contract.

(3) An identification of any local, Area, regional, or national level departmental programs, functions, services, or activities to be contracted, including administrative functions.

(4) A description of the proposed program standards;

(5) An identification of the program reports, data and financial reports that the Indian tribe or tribal organization will provide, including their frequency.

(6) A description of any proposed redesign of the programs, services, functions, or activities to be contracted,

(7) Minimum staff qualifications proposed by the Indian tribe and tribal organization, if any; and

(8) A statement that the Indian tribe or tribal organization will meet the minimum procurement, property and financial management standards set forth in subpart F, subject to any waiver that may have been granted under subpart K.

(h) The amount of funds requested, including:

(1) An identification of the funds requested by programs, functions, services, or activities, under section 106(a)(1) of the Act, including the Indian tribe or tribal organization's share of funds related to such programs, functions, services, or activities, if any, from any Departmental local, area, regional, or national level.

(2) An identification of the amount of direct contract support costs, including one-time start-up or preaward costs under section 106(a)(2) and related provisions of the Act, presented by major categories such as:

(i) Personnel (differentiating between salary and fringe benefits);

(ii) Equipment;

(iii) Materials and supplies;

(iv) Travel;

(v) Subcontracts; and

(vi) Other appropriate items of cost.

(3) An identification of funds the Indian tribe or tribal organization requests to recover for indirect contract support costs. This funding request must include either:

(i) A copy of the most recent negotiated indirect cost rate agreement; or

(ii) An estimated amount requested for indirect costs, pending timely establishment of a rate or negotiation of administrative overhead costs.

(4) To the extent not stated elsewhere in the budget or previously reported to the Secretary, any preaward costs, including the amount and time period covered or to be covered; and

(5) At the option of the Indian tribe or tribal organization, an identification of programs, functions, services, or activities specified in the contract proposal which will be funded from sources other than the Secretary.

(i) The proposed starting date and term of the contract.

(j) In the case of a cooperative agreement, the nature and degree of Federal programmatic involvement anticipated during the term of the agreement.

(k) The extent of any planned use of Federal personnel and Federal resources.

(l) Any proposed waiver(s) of the regulations in this part; and

(m) A statement that the Indian tribe or tribal organization will implement procedures appropriate to the programs, functions, services or activities proposed to be contracted, assuring the confidentiality of medical records and of information relating to the financial affairs of individual Indians obtained under the proposal contract, or as otherwise required by law.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1999–2024 · leading case: Council for Tribal Emp. Rights v. United States, 112 Fed. Cl. 231 (Fed. Cl. 2013).

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Council for Tribal Emp. Rights v. United States, 112 Fed. Cl. 231 (Fed. Cl. 2013). · cites it 3× “After the hearing, the government provided a notice of supplemental authority, alerting the court to a regulation adopted by the Bureau, located at 25 C.F.R. § 900.8 . See Def.’s Notice of Supplemental Authority (June 7, 2013), EOF No.”

Yurok Tribe v. Dep't of the Interior, 785 F.3d 1405 (Fed. Cir. 2015). · cites it 2× “It argued that the Tribe’s October letter was not detailed enough to constitute a contract proposal in the general sense and lacked specific details required for Title I proposals by 25 C.F.R. § 900.8 . J.A. 96-97. It also argued that even if the proposal in the Tribe’s October…”

Citizen Potawatomi Nation v. Salazar, 624 F. Supp. 2d 103 (D.D.C. 2009). “§ 450f; 25 C.F.R. §§ 900.8 -.16 (2009). Under the ISDA, a Compact of Self-Governance allows the tribe to assume more comprehensive responsibility for programs otherwise overseen by the Department.”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). “” (alterations in Reply, but not in § 450f(a)(2))); 25 C.F.R. § 900.8 (specifying contents of initial contract proposal); 25 C.”

Cook Inlet Treaty Tribes v. Shalala, 166 F.3d 986 (9th Cir. 1999). · cites it 2× “See 25 CFR § 900.8 (d)(1) (requiring a tribal organization to obtain authorizing resolutions from those tribes “located within the specific area it proposes to serve”).”

United Keetoowah Band of Cherokee Indians v. Kempthorne, 630 F. Supp. 2d 1296 (E.D. Okla. 2009). · cites it 2× “§ 450b(l) and 25 C.F.R. § 900.8 (d)(1). 2. For a declaratory judgment stating that Defendants’ violation of 25 U.”

Aleutian Pribilof Islands Ass'n v. Kempthorne, 537 F. Supp. 2d 1 (D.D.C. 2008). “450f(a)(l) (stating that the Declination Criteria is implicated when the Secretary receives “the request of any Indian tribe by tribal resolution”); 25 C.F.R. § 900.8 (d) (stating that resolution must be “from the Indian tribe(s) to be served”).”

Barrientos v. Walker (E.D. Cal. 2024). · cites it 3× “, 25 C.F.R. § 900.8 (entitled “What must an initial 16 contract proposal contain?”).”

Aleutian Pribilof Islands Ass'n v. Kempthorne, 537 F. Supp. 2d 1 (D.D.C. 2008). “450f(a)(1) (stating that the Declination Criteria is implicated when the Secretary receives "the request of any Indian tribe by tribal resolution"); 25 C.F.R. § 900.8 (d) (stating that resolution must be "from the Indian tribe(s) to be served").”

Citizen Potawatomi Nation v. Scarlett (D.D.C. 2009). “§ 450f; 25 C.F.R. §§ 900.8 -.16 (2009). Under the ISDA, a Compact of Self-Governance allows the tribe to assume more comprehensive responsibility for programs otherwise overseen by the Department.”

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