§ 137.140 - On what basis may the Secretary reject an Indian Tribe's final offer?  


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  • § 137.140 On what basis may the Secretary reject an Indian Tribe's final offer?

    The Secretary may reject an Indian Tribe's final offer for one of the following reasons:

    (a) the amount of funds proposed in the final offer exceeds the applicable funding level to which the Indian Tribe is entitled under the Act;

    (b) the PSFA that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to an Indian Tribe;

    (c) the Indian Tribe cannot carry out the PSFA in a manner that would not result in significant danger or risk to the public health; or

    (d) the Indian Tribe is not eligible to participate in self-governance under section 503 of the Act [25 U.S.C. 458aaa-2].