25 CFR 1000.275 : Indians (§ 1.1 To Parts 1201-1299) — (Part 300 To Parts 1201-1299) — Office Of The Assistant Secretary, Indian Affairs, Department Of The Interior (§ 1000.1 To Parts 1002-1199) — Annual Funding Agreements Under The Tribal Self-Government Act Amendments To The Indian Self-Determination And Education Act (§ 1000.1 To Appendix A To Part 1000) — Federal Tort Claims (§ 1000.270 To § 1000.283) — Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?

4 Aug 2016

No, clauses about FTCA coverage are optional. At the request of Tribes/Consortia, self-governance AFA's shall include the following clause to clarify the scope of FTCA coverage:

    For purposes of Federal Tort Claims Act coverage, the Tribe/Consortium and its employees (including individuals performing personal services contracts with the tribe/consortium) are deemed to be employees of the Federal government while performing work under this AFA. This status is not changed by the source of the funds used by the Tribe/Consortium to pay the employee's salary and benefits unless the employee receives additional compensation for performing covered services from anyone other than the Tribe/Consortium.

25 CFR 1000.275