42 CFR § 137.256 - Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?
---
identifier: "/us/cfr/t42/s137.256"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 137.256 - Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?"
title_number: 42
title_name: "Public Health"
section_number: "137.256"
section_name: "Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?"
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "M"
subchapter_name: "INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "137"
part_name: "TRIBAL SELF-GOVERNANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 458"
regulatory_source: "67 FR 35342, May 17, 2002, unless otherwise noted."
cfr_part: "137"
---
# 137.256 Under what circumstances may the Secretary reassume a program, service, function, or activity (or portion thereof)?
(a) Subject to the steps in § 137.257, the Secretary may reassume a program, service, function, or activity (or portion thereof) and associated funding if the Secretary makes a specific finding relative to that PSFA of :
(1) Imminent endangerment of the public health caused by an act or omission of the Self-Governance Tribe, and the imminent endangerment arises out of a failure to carry out the compact or funding agreement; or
(2) Gross mismanagement with respect to funds transferred to the Self-Governance Tribe by a compact or funding agreement, as determined by the Secretary, in consultation with the Inspector General, as appropriate.
(b) Immediate reassumption may occur under additional requirements set forth in § 137.261.