Regulations last checked for updates: Jan 18, 2025
Title 25 - Indians last revised: Jan 15, 2025
§ 1000.1701 - What is the purpose of this subpart?
This subpart explains when the Secretary can reassume a program without the consent of a Tribe/Consortium.
§ 1000.1705 - What does reassumption mean?
Reassumption means the Secretary, without consent of the Tribe/Consortium, takes control or operation of the PSFAs and associated funding in a compact or funding agreement, in whole or in part, and assumes the responsibility to provide such PSFAs.
§ 1000.1710 - Under what circumstances may the Secretary reassume a program operated by a Tribe/Consortium under a funding agreement?
The Secretary may reassume a program and the associated funding if the Secretary makes a specific finding relating to that program of:
(a) Imminent jeopardy to a trust asset, a natural resource, or public health and safety that:
(1) Is caused by an act or omission of the Tribe/Consortium; and
(2) Arises out of a failure to carry out the compact or funding agreement; or
(b) Gross mismanagement with respect to funds transferred to a Tribe/Consortium under a compact or funding agreement, as determined by the Secretary in consultation with the Inspector General, as appropriate.
§ 1000.1715 - What is “imminent jeopardy” to a trust asset?
Imminent jeopardy means an immediate threat and likelihood of significant devaluation, degradation, damage, or loss of a trust asset, or the intended benefit from the asset caused by the actions or inactions of a Tribe/Consortium in performing trust functions. This includes disregarding Federal trust standards and/or Federal law while performing trust functions if the disregard creates such an immediate threat.
§ 1000.1720 - What is “imminent jeopardy” to natural resources?
The standard for natural resources is the same as for a physical trust asset, except that a review for compliance with the specific mandatory statutory provisions related to the program as reflected in the funding agreement must also be considered.
§ 1000.1725 - What is “imminent jeopardy” to public health and safety?
Imminent jeopardy to public health and safety means an immediate and significant threat of serious harm to human well-being, including conditions that may result in serious injury, or death, caused by Tribal/Consortium action or inaction or as otherwise provided in a funding agreement.
§ 1000.1730 - What steps must the Secretary take prior to reassumption becoming effective?
Except as provided in § 1000.1750 for immediate reassumption, prior to a reassumption becoming effective, the Secretary must:
(a) Notify the Tribe/Consortium in writing of the details of the findings required under § 1000.1710;
(b) Request specific corrective action to remedy the mismanagement of the funds or programs 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 Tribe/Consortium overcome the conditions that led to the findings described under (a); and
(d) Provide the Tribe/Consortium with a hearing on the record as provided under subpart R of this part.
§ 1000.1735 - Does the Tribe/Consortium have a right to a hearing prior to a non-immediate reassumption becoming effective?
Yes, at the request of the Tribe/Consortium, the Secretary must provide a hearing on the record prior to or in lieu of the corrective action period identified in § 1000.1730(b).
§ 1000.1740 - What happens if the Secretary determines that the Tribe/Consortium has not corrected the conditions that the Secretary identified in the written notice?
(a) The Secretary shall provide a second written notice to the Tribe/Consortium 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 Secretary's reassumption;
(2) The details and facts supporting the intended reassumption; and
(3) Instructions that explain the Tribe/Consortium's right to a formal hearing within 30 days of receipt of the notice.
§ 1000.1745 - What is the earliest date on which a reassumption by the Secretary can be effective?
Except as provided in § 1000.1750, no program may be reassumed by the Secretary until 30 days after the final resolution of the hearing and any subsequent appeals to provide the Tribe/Consortium with an opportunity to take corrective action in response to any adverse final ruling.
§ 1000.1750 - Does the Secretary have the authority to immediately reassume a program?
Yes, the Secretary may immediately reassume operation of a program and associated funding upon providing to the Tribe/Consortium written notice in which the Secretary makes a finding of:
(a) Imminent and substantial jeopardy and irreparable harm to a trust asset, a natural resource, or public health and safety that:
(1) Is caused by an act or omission by the Tribe/Consortium; and
(2) Arises out of a failure to carry out the terms of an applicable compact or funding agreement.
(b) If the Secretary reassumes operation of a program under this provision, the Secretary must provide the Tribe/Consortium with a hearing on the record not later than 10 days after the date of reassumption.
§ 1000.1755 - What must a Tribe/Consortium do when a program is reassumed?
On the effective date of reassumption, the Tribe/Consortium must, at the request of the Secretary, deliver all property and equipment, and title thereto:
(a) That the Tribe/Consortium received for the program under the funding agreement; and
(b) That has a per item value in excess of $5,000, or as otherwise provided in the funding agreement.
§ 1000.1760 - When must the Tribe/Consortium return funds to the Department?
The Tribe/Consortium must return unexpended funds, less “wind up costs,” that remain available to the Department as soon as practical after the effective date of the reassumption.
§ 1000.1765 - May the Tribe/Consortium be reimbursed for actual and reasonable “wind up costs” incurred after the effective date of retrocession?
Yes, the Tribe/Consortium may be reimbursed for actual and reasonable “wind up costs” to the extent that funds are available.
§ 1000.1770 - Is a Tribe's/Consortium's general right to negotiate a funding agreement adversely affected by a reassumption action?
A reassumption action taken by the Secretary does not affect the Tribe/Consortium's ability to negotiate a funding agreement for programs not affected by the reassumption.
§ 1000.1775 - When will the Secretary return management of a reassumed program?
A reassumed program may be included in future funding agreements, but the Secretary may include conditions in the terms of the funding agreement to ensure that the circumstances that caused jeopardy to attach do not reoccur.
source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.
cite as: 25 CFR 1000.1745