25 CFR § 44.105 - How does a tribal governing body retrocede a program to the Secretary?

---
identifier: "/us/cfr/t25/s44.105"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 44.105 - How does a tribal governing body retrocede a program to the Secretary?"
title_number: 25
title_name: "Indians"
section_number: "44.105"
section_name: "How does a tribal governing body retrocede a program to the Secretary?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "EDUCATION"
part_number: "44"
part_name: "GRANTS UNDER THE TRIBALLY CONTROLLED SCHOOLS ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Public Law 107-110, Title 10, Part D, the Native American Education Improvement Act, 115 Stat. 2007; Part B, Section 1138, Regional Meetings and Negotiated Rulemaking, 115 Stat. 2057."
regulatory_source: "70 FR 22219, Apr. 28, 2005, unless otherwise noted."
cfr_part: "44"
---


# 44.105 How does a tribal governing body retrocede a program to the Secretary?

(a) To retrocede a program, the tribal governing body must:

(1) Notify the Bureau in writing, by formal action of the tribal governing body; and

(2) Consult with the Bureau to establish a mutually agreeable effective date. If no date is agreed upon, the retrocession is effective 120 days after the tribal governing body notifies the Bureau.

(b) The Bureau must accept any request for retrocession that meets the criteria in paragraph (a) of this section.

(c) After the tribal governing body retrocedes a program:

(1) The tribal governing body decides whether the school becomes Bureau-operated or contracted under 25 U.S.C. 450 *et seq.;* and

(2) If the tribal governing body decides that the school is to be Bureau-operated, the Bureau must provide education-related services in at least the same quantity and quality as those that were previously provided.