CFR > Title 42 - Public Health > CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER M—INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES (parts 136 to 138) > PART 137—TRIBAL SELF-GOVERNANCE > SUBPART M—Reassumption (§137.255 to §137.265) > 137.261—Does the Secretary have the authority to immediately reassume a PSFA?

137.261—Does the Secretary have the authority to immediately reassume a PSFA?

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.