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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 42 - Public Health |
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Chapter I - Public Health Service, Department of Health and Human Services |
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SubChapter M - Indian Health Service, Department of Health and Human Services |
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Part 137 - Tribal Self-Governance |
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Subpart M - Reassumption |
§ 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.