---
kind: "section"
citation: "25 C.F.R. § 1000.1145"
title: "25"
number: "1000.1145"
heading: "On what basis may the Secretary reject a final offer?"
url: "https://uscodex.org/cfr/25/1000.1145"
---

# §1000.1145. On what basis may the Secretary reject a final offer?


The Secretary may reject a final offer for one of the following reasons:

- (a) The amount of funds proposed in the final offer exceeds the applicable funding level to which the Tribe/Consortium is entitled under the Act;
- (b) The program that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to a Tribe/Consortium or is subject to discretion of the Secretary under the Act;
- (c) The Tribe/Consortium cannot carry out the program in a manner that would not result in significant danger or risk to the public health or safety, to natural resources, or to trust resources;
- (d) The Tribe/Consortium is not eligible to participate in self-governance under [25 U.S.C. 5362](/usc/25/5362.md);
- (e) The funding agreement would violate a Federal statute or regulation; or
- (f) With respect to a program or portion of a program included in a final offer pursuant to [25 U.S.C. 5363(b)(2)](/usc/25/5363.md?p=b-2), the program or the portion of the program is not otherwise available under [25 U.S.C. 5321(a)(1)(E)](/usc/25/5321.md?p=a-1-E).

## Notes

### Authority

Authority: 25 U.S.C. 5373

### Source

Source: 89 FR 100245, Dec. 11, 2024, unless otherwise noted.