---
kind: "section"
citation: "25 C.F.R. § 44.105"
title: "25"
number: "44.105"
heading: "How does a tribal governing body retrocede a program to the Secretary?"
url: "https://uscodex.org/cfr/25/44.105"
---

# §44.105. How does a tribal governing body retrocede a program to the Secretary?

- (a) **To retrocede a program, the tribal governing body must—**
  - (1) Notify the Bureau in writing, by formal action of the tribal governing body; and
  - (2) **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.
- (b) The Bureau must accept any request for retrocession that meets the criteria in [paragraph (a)](#a) of this section.
- (c) **After the tribal governing body retrocedes a program—**
  - (1) The tribal governing body decides whether the school becomes Bureau-operated or contracted under [25 U.S.C. 450](/usc/25/450.md) et seq.; and
  - (2) 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

### 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.