42 CFR § 137.85 - Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V?
---
identifier: "/us/cfr/t42/s137.85"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 137.85 - Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V?"
title_number: 42
title_name: "Public Health"
section_number: "137.85"
section_name: "Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V?"
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---
# 137.85 Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V?
Yes, sections 508(d)(1)(A) and (B) of the Act [25 U.S.C. 458aaa-7(d)(1)(A) and (B)] expressly prohibit the Secretary from:
(a) Failing or refusing to transfer to a Self-Governance Tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under Title V, except as required by Federal law, and
(b) From withholding portions of such funds for transfer over a period of years.