What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U.S.C. 458aaa-6(a)(2)(C)]?

  1. Law
  2. CFR 42
  3. Public Health
  4. Public Health Service, Department of Health and Human Services
  5. Indian Health Service, Department of Health and Human Services
  6. Tribal Self-Governance
  7. Appeals
  8. Appeals of an Immediate Reassumption of a Self-Governance Program
  9. What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U.S.C. 458aaa-6(a)(2)(C)]?

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§ 137.440 What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U.S.C. 458aaa-6(a)(2)(C)]?

(a) The Secretary may, upon written notification to the Self-Governance Tribe, immediately reassume operation of a program, service, function, or activity (or portion thereof) if:

(1) The Secretary makes a finding of imminent substantial and irreparable endangerment of the public health caused by an act or omission of the Self-Governance Tribe; and

(2) The endangerment arises out of a failure to carry out the compact or funding agreement.

(b) When the Secretary advises a Self-Governance Tribe that the Secretary intends to take an action referred to in paragraph (a) of this section, the Secretary must also notify the Deputy Director of the Office of Hearings and Appeals, Department of the Interior, 801 North Quincy St., Suite 300, Arlington, VA 22203.

[67 FR 35342, May 17, 2002, as amended at 80 FR 64353, Oct. 23, 2015]


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