§44.105. How does a tribal governing body retrocede a program to the Secretary?
25 C.F.R. § 44.105
To retrocede a program, the tribal governing body must—
Notify the Bureau in writing, by formal action of the tribal governing body; and
Consult with the Bureau to establish a mutually agreeable effective date. If no date is agreed upon, the retrocession is effective 120 days after the tribal governing body notifies the Bureau.
The Bureau must accept any request for retrocession that meets the criteria in paragraph (a) of this section.
After the tribal governing body retrocedes a program—
The tribal governing body decides whether the school becomes Bureau-operated or contracted under 25 U.S.C. 450 et seq.; and
If the tribal governing body decides that the school is to be Bureau-operated, the Bureau must provide education-related services in at least the same quantity and quality as those that were previously provided.
Notes, amendments, and revision history
Authority
Authority: Public Law 107-110, Title 10, Part D, the Native American Education Improvement Act, 115 Stat. 2007; Part B, Section 1138, Regional Meetings and Negotiated Rulemaking, 115 Stat. 2057.
Source
Source: 70 FR 22219, Apr. 28, 2005, unless otherwise noted.