25 CFR 1000.275 – Is it necessary for a self-governance AFA to include any clauses about FTCA coverage?
Current as of: 2024 | Check for updates
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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:
Terms Used In 25 CFR 1000.275
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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.