---
kind: "section"
citation: "42 C.F.R. § 137.440"
title: "42"
number: "137.440"
heading: "What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U.S.C. 458aaa-6(a)(2)(C)]?"
url: "https://uscodex.org/cfr/42/137.440"
---

# §137.440. What happens in the case of an immediate reassumption under section 507(a)(2)(C) of the Act [25 U.S.C. 458aaa-6(a)(2)(C)]?

- (a) The Secretary may, upon written notification to the Self-Governance Tribe, immediately reassume operation of a program, service, function, or activity (or portion thereof) if:
  - (1) The Secretary makes a finding of imminent substantial and irreparable endangerment of the public health caused by an act or omission of the Self-Governance Tribe; and
  - (2) **The endangerment arises out of a failure to carry out the compact or funding agreement.**
- (b) When the Secretary advises a Self-Governance Tribe that the Secretary intends to take an action referred to in [paragraph (a)](#a) of this section, the Secretary must also notify the Deputy Director of the Office of Hearings and Appeals, Department of the Interior, 801 North Quincy St., Suite 300, Arlington, VA 22203.

## Notes

### Amendments

[67 FR 35342, May 17, 2002, as amended at 80 FR 64353, Oct. 23, 2015]

### Authority

Authority: 25 U.S.C. 458 et seq.

### Source

Source: 67 FR 35342, May 17, 2002, unless otherwise noted.

### Amendments

[67 FR 35342, May 17, 2002, as amended at 80 FR 64353, Oct. 23, 2015]