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What Are Retained Tribal Shares? A Comprehensive Legal Overview
Definition & Meaning
Retained tribal shares refer to funds that were initially allocated as tribal shares but, under an Annual Funding Agreement (AFA), remain with the Bureau of Indian Affairs (BIA) for administration. These funds are not disbursed to the tribes directly but are instead managed by the BIA, which may use them for various purposes related to tribal governance and services.
Table of content
Legal Use & context
This term is primarily used in the context of tribal self-governance and funding agreements. It is relevant in areas such as administrative law and tribal law, particularly in discussions surrounding the management of federal funds allocated to tribes. Users may need to navigate legal forms and agreements related to tribal funding and governance, which can often be facilitated through legal templates provided by services like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, a tribe may enter into an AFA that allows certain funds to be retained by the BIA for administrative purposes. This could include funds intended for education or health services that the tribe opts to have managed by the BIA rather than directly receiving them.
Relevant laws & statutes
Relevant statutes include the Indian Self-Determination and Education Assistance Act and the Tribal Self-Government Act. These laws govern the funding agreements and the administration of retained tribal shares.
Comparison with related terms
Term
Definition
Difference
Tribal Shares
Funds allocated directly to tribes.
Retained tribal shares are not distributed directly but managed by the BIA.
Annual Funding Agreement (AFA)
A contract between a tribe and the BIA regarding funding.
AFA outlines the terms under which tribal shares may be retained.
Common misunderstandings
What to do if this term applies to you
If you are involved in tribal governance or funding agreements, it is essential to understand how retained tribal shares may affect your tribe's financial management. Consider consulting legal templates from US Legal Forms to help navigate the complexities of funding agreements. If the situation is complicated, seeking professional legal advice may be necessary.
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