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.