Section 1000.104 - Can funding amounts negotiated in an AFA be adjusted during the year it is in effect?Yes, funding amounts negotiated in an AFA may be adjusted under the following circumstances:
(a)Congressional action.(1) Increases/decreases as a result of Congressional appropriations and/or a directive in the statement of managers accompanying a conference report on an appropriations bill or continuing resolution.(2) General decreases due to Congressional action must be applied consistently to BIA, self-governance Tribes/Consortia, and Tribes/Consortia not participating in self-governance.(3) General increases due to Congressional appropriations must be applied consistently, except where used to achieve equitable distribution among regions and Tribes.(4) A Tribe/Consortium will be notified of any decrease and be provided an opportunity to reconcile.(b)Mistakes. If the Tribe/Consortium or the Secretary can identify and document substantive errors in calculations, the parties will renegotiate the amounts and make every effort to correct such errors.(c)Mutual Agreement. Both the Tribe/Consortium and the Secretary may agree to renegotiate amounts at any time.