---
kind: "section"
citation: "42 C.F.R. § 137.85"
title: "42"
number: "137.85"
heading: "Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V?"
url: "https://uscodex.org/cfr/42/137.85"
---

# §137.85. Is the Secretary prohibited from failing or refusing to transfer funds that are due to a Self-Governance Tribe under Title V?


Yes, sections 508(d)(1)(A) and (B) of the Act [25 U.S.C. [458aaa-7(d)(1)(A)](/usc/25/458aaa-7.md?p=d-1-A) and [(B)](/usc/25/458aaa-7.md?p=d-1-B)] expressly prohibit the Secretary from:

- (a) Failing or refusing to transfer to a Self-Governance Tribe its full share of any central, headquarters, regional, area, or service unit office or other funds due under Title V, except as required by Federal law, and
- (b) **From withholding portions of such funds for transfer over a period of years.**

## Notes

### Authority

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

### Source

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