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Code · CFR · Title 25 — Indians · Part 1000 · § 1000.1145

§ 1000.1145. On what basis may the Secretary reject a final offer?

168 words·~1 min read·/us/cfr/t25/s§ 1000.1145·

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The Secretary may reject a 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 Tribe/Consortium is entitled under the Act;
(b)The program that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to a Tribe/Consortium or is subject to discretion of the Secretary under the Act;
(c)The Tribe/Consortium cannot carry out the program in a manner that would not result in significant danger or risk to the public health or safety, to natural resources, or to trust resources;
(d)The Tribe/Consortium is not eligible to participate in self-governance under 25 U.S.C. 5362;
(e)The funding agreement would violate a Federal statute or regulation; or
(f)With respect to a program or portion of a program included in a final offer pursuant to 25 U.S.C. 5363(b)(2), the program or the portion of the program is not otherwise available under 25 U.S.C. 5321(a)(1)(E).
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§ 1000.1145
On what basis may the Secretary reject a final offer?
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