Section 29.904 - What are pre-award decisions that a Tribe may appeal?A Tribe may appeal pre-award decisions, which include:
(a) A decision whether to include a Department program in a funding agreement;(b) A decision whether an activity is an inherent Federal function;(c) A decision on a final offer before the Department and the Tribe enter into a compact or funding agreement;(d) A decision on a final offer before the Department and the Tribe execute an amendment modifying the terms of an existing compact or funding agreement; and(e) An eligibility determination.