TITLE 25 - INDIANS

CHAPTER VI - OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER I - [RESERVED]

PART 1000 - ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF - GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF - DETERMINATION AND EDUCATION ACT

subpart m - REASSUMPTION

1000.308 - What will the notice of reassumption include?

The notice of reassumption under 1000.307 will include all of the following items. In addition, if resources are available, the Secretary may offer technical assistance to mitigate the imminent jeopardy.

  (a) A statement of the reasons supporting the Secretary's finding.

  (b) To the extent practical, a description of specific measures that must be taken by the Tribe/Consortium to eliminate imminent jeopardy.

  (c) A notice that funds for the management of the trust asset, natural resource, or public health and safety found to be in imminent jeopardy may not be reallocated or otherwise transferred without the Secretary's written consent.

  (d) A notice of intent to invoke the return of property provision of the AFA.

  (e) The effective date of the reassumption if the Tribe/Consortium does not eliminate the imminent jeopardy. If the deadline is less than 60 days after the date of receipt, the Secretary must include a justification.

  (f) The amount of funds, if any, that the Secretary believes the Tribe/Consortium should refund to the Department for operation of the reassumed program. This amount cannot exceed the amount provided for that program under the AFA and must be based on such factors as the time or functions remaining in the funding cycle.