§137.140. On what basis may the Secretary reject an Indian Tribe's final offer?

the amount of funds proposed in the final offer exceeds the applicable funding level to which the Indian Tribe is entitled under the Act;

the PSFA that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to an Indian Tribe;

the Indian Tribe cannot carry out the PSFA in a manner that would not result in significant danger or risk to the public health; or

the Indian Tribe is not eligible to participate in self-governance under section 503 of the Act [25 U.S.C. 458aaa-2].