§ 137.256 - Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?  


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  • § 137.256 Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?

    (a) Subject to the steps in § 137.257, the Secretary may reassume a program, service, function, or activity (or portion thereof) and associated funding if the Secretary makes a specific finding relative to that PSFA of :

    (1) Imminent endangerment of the public health caused by an act or omission of the Self-Governance Tribe, and the imminent endangerment arises out of a failure to carry out the compact or funding agreement; or

    (2) Gross mismanagement with respect to funds transferred to the Self-Governance Tribe by a compact or funding agreement, as determined by the Secretary, in consultation with the Inspector General, as appropriate.

    (b) Immediate reassumption may occur under additional requirements set forth in § 137.261.