Collapse to view only § 137.246 - How does a Self-Governance Tribe retrocede a PSFA?
- § 137.245 - What is retrocession?
- § 137.246 - How does a Self-Governance Tribe retrocede a PSFA?
- § 137.247 - What is the effective date of a retrocession?
- § 137.248 - What effect will a retrocession have on a retroceding Self-Governance Tribe's rights to contract or compact under the Act?
- § 137.249 - Will retrocession adversely affect funding available for the retroceded program?
- § 137.250 - How are funds distributed when a Self-Governance Tribe fully or partially retrocedes from its compact or funding agreement?
- § 137.251. - What obligation does the retroceding Self-Governance Tribe have with respect to returning property that was provided by the Secretary under the compact or funding agreement and that was used in the operation of the retroceded program?
§ 137.245 - What is retrocession?
Retrocession means the return by a Self-Governance Tribe to the Secretary of PSFAs, that are included in a compact or funding agreement, for any reason, before the expiration of the term of the compact or funding agreement.
§ 137.246 - How does a Self-Governance Tribe retrocede a PSFA?
The Self-Governance Tribe submits a written notice to the Director of its intent to retrocede. The notice must specifically identify those PSFAs being retroceded. The notice may also include a proposed effective date of the retrocession.
§ 137.247 - What is the effective date of a retrocession?
Unless the request for retrocession is rescinded, the retrocession becomes effective within the timeframe specified by the parties in the compact or funding agreement. In the absence of a specification, the retrocession becomes effective on:
(a) The earlier of 1 year after:
(1) The date of submission of the request, or
(2) The date on which the funding agreement expires; or
(b) Whatever date is mutually agreed upon by the Secretary and the retroceding Self-Governance Tribe.
§ 137.248 - What effect will a retrocession have on a retroceding Self-Governance Tribe's rights to contract or compact under the Act?
A retrocession request shall not negatively affect:
(a) Any other contract or compact to which the retroceding Self-Governance Tribe is a party;
(b) Any other contracts or compacts the retroceding Self-Governance Tribe may request; and
(c) Any future request by such Self-Governance Tribe or an Indian Tribe to compact or contract for the same program.
§ 137.249 - Will retrocession adversely affect funding available for the retroceded program?
No, the Secretary shall provide no less than the same level of funding that would have been available if there had been no retrocession.
§ 137.250 - How are funds distributed when a Self-Governance Tribe fully or partially retrocedes from its compact or funding agreement?
Any funds not obligated by the Self-Governance Tribe and associated with the Self-Governance Tribe's returned PSFAs, less close out costs, must be returned by the Self-Governance Tribe to IHS for operation of the PSFA's associated with the compact or funding agreement from which the Self-Governance Tribe retroceded in whole or in part.
§ 137.251. - What obligation does the retroceding Self-Governance Tribe have with respect to returning property that was provided by the Secretary under the compact or funding agreement and that was used in the operation of the retroceded program?
On the effective date of any retrocession, the retroceding Self-Governance Tribe, shall, at the option of the Secretary, deliver to the Secretary all requested property and equipment provided by the Secretary under the compact or funding agreement, to the extent used to carry out the retroceded PSFAs, which at the time of retrocession has a per item current fair market value, less the cost of improvements borne by the Self-Governance Tribe in excess of $5,000 at the time of the retrocession.