(a) At least 15 days before the 90-day Congressional review period of the next AFA, the Consortium, OSG, bureau, and the withdrawing Tribe must reach an agreement on the amount of funding and other issues associated with the program or programs involved.
(b) If agreement is not reached:
(1) For BIA and OIEP programs, at least 5 days before the 90-day Congressional review, the Director must make a decision on the funding or other issues involved.
(2) For non-BIA programs, the bureau head will make a decision on the funding or other issues involved.
(c) A copy of the decision made under paragraph (b) of this section must be distributed in accordance with the following table.
| If the program is . . . | then a copy of the decision must be sent to . . . |
|---|---|
| (1) A BIA program | BIA regional director, the Deputy Commissioner of Indian Affairs, the withdrawing Tribe, and the Consortium. |
| (2) An OIEP program | the OIEP line officer, the Director of OIEP, the withdrawing Tribe, and the Consortium. |
(d) Any decision made under paragraph (b) of this section is appealable under subpart R of this part.