No, if a Tribe/Consortium negotiated amounts before January 16, 2001, it does not need to renegotiate new Tribal shares and residual amounts.
At Tribal option, a Tribe/Consortium may retain funding amounts that:
Were either base eligible or in the Tribe's base; and
Were negotiated before this part is promulgated.
If a Tribe/Consortium desires to renegotiate the amounts referred to in paragraph (a) of this section, the Tribe/Consortium must:
Negotiate all funding included in the AFA; and
Use the process for determining residuals and funding amounts on the same basis as other Tribes.
Self-governance Tribes/Consortia are eligible for funding amounts for new or available programs not previously included in the AFA on the same basis as other Tribes/Consortia.
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