Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a self-governance AFA?

  1. Law
  2. CFR 25
  3. Indians
  4. Office of the Assistant Secretary, Indian Affairs, Department of the Interior
  5. Annual Funding Agreements Under the Tribal Self-Government Act Amendments to the Indian Self-Determination and Education Act
  6. Federal Tort Claims
  7. Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a self-governance AFA?

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§ 1000.279 Is FTCA the exclusive remedy for a tort claim, including a claim concerning personal injury or death, resulting from the performance of a self-governance AFA?

Yes, except as explained in § 1000.272(b). No claim may be filed against a self-governance Tribe/Consortium or employee based upon performance of functions under a self-governance AFA. All claims shall be filed against the United States and are subject to the limitations and restrictions of FTCA.


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