42 C.F.R. § 137.140 On what basis may the Secretary reject an Indian Tribe's final offer?
Title 42 - Public Health
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].
Title 42: Public Health
PART 137—TRIBAL SELF-GOVERNANCE
Subpart H—Final Offer
Rejection of Final Offers
§ 137.140 On what basis may the Secretary reject an Indian Tribe's final offer?