42 C.F.R. Subpart M—Reassumption
Title 42 - Public Health
Reassumption means rescission by the Secretary without consent of the Self-Governance Tribe of PSFAs and associated funding in a compact or funding agreement and resuming responsibility to provide such PSFAs. (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. Except as provided in §137.261 for immediate reassumption, prior to a reassumption becoming effective, the Secretary must: (a) Notify the Self-Governance Tribe in writing by certified mail of the details of findings required under §137.256(a)(1) and (2); (b) Request specified corrective action within a reasonable period of time, which in no case may be less than 45 days; (c) Offer and provide, if requested, the necessary technical assistance and advice to assist the Self-Governance Tribe to overcome the conditions that led to the findings described under (a); and (d) Provide the Self-Governance Tribe with a hearing on the record as provided under Subpart P of this part. Yes, at the Self-Governance Tribe's request, the Secretary must provide a hearing on the record prior to or in lieu of the corrective action period identified in §137.257(b). (a) The Secretary shall provide a second written notice by certified mail to the Self-Governance Tribe served by the compact or funding agreement that the compact or funding agreement will be rescinded, in whole or in part. (b) The second notice shall include: (1) The intended effective date of the reassumption; (2) The details and facts supporting the intended reassumption; and (3) Instructions that explain the Indian Tribe's right to a formal hearing within 30 days of receipt of the notice. Except as provided in §137.261, no PSFA may be reassumed by the Secretary until 30 days after the final resolution of the hearing and any subsequent appeals to provide the Self-Governance Tribe with an opportunity to take corrective action in response to any adverse final ruling. Yes, the Secretary may immediately reassume operation of a program, service, function, or activity (or portion thereof) and associated funding upon providing to the Self-Governance Tribe written notice in which the Secretary makes a finding: (a) of imminent substantial and irreparable endangerment of the public health caused by an act or omission of the Indian Tribe; and (b) the endangerment arises out of a failure to carry out the compact or funding agreement. If the Secretary immediately reassumes a PSFA, the Secretary must provide the Self-Governance Tribe with a hearing under Subpart P of this part not later than 10 days after such reassumption, unless the Self-Governance Tribe and the Secretary agree to an extension. Yes, the Secretary may make a grant for the purpose of obtaining technical assistance as provided in section 103 of the Act [25 U.S.C. 458aaa-h]. On the effective date of any reassumption, the Self-Governance Tribe, shall, at the option of the Secretary and only to the extent requested by the Secretary, deliver to the Secretary property and equipment provided by the Secretary under the compact or funding agreement, to the extent the property was used to directly carry out the reassumed program, service, function, or activity (or portion thereof), provided that at the time of reassumption the property has a per item current fair market value, less the cost of improvements borne by the Self-Governance Tribe, in excess of $5,000 at the time of the reassumption. Yes, a Tribe may be reimbursed for actual and reasonable close out costs incurred after the effective date of reassumption.
Title 42: Public Health
PART 137—TRIBAL SELF-GOVERNANCE
Subpart M—Reassumption
§ 137.255 What does reassumption mean?
§ 137.256 Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?
§ 137.257 What steps must the Secretary take prior to reassumption becoming effective?
§ 137.258 Does the Self-Governance Tribe have a right to a hearing prior to a non-immediate reassumption becoming effective?
§ 137.259 What happens if the Secretary determines that the Self-Governance Tribe has not corrected the conditions that the Secretary identified in the notice?
§ 137.260 What is the earliest date on which a reassumption can be effective?
§ 137.261 Does the Secretary have the authority to immediately reassume a PSFA?
§ 137.262 If the Secretary reassumes a PSFA immediately, when must the Secretary provide the Self-Governance Tribe with a hearing?
§ 137.263 May the Secretary provide a grant to a Self-Governance Tribe for technical assistance to overcome conditions identified under §137.257?
§ 137.264 To what extent may the Secretary require the Self-Governance Tribe to return property that was provided by the Secretary under the compact or funding agreement and used in the operation of the reassumed program?
§ 137.265 May a Tribe be reimbursed for actual and reasonable close out costs incurred after the effective date of reassumption?
