On what basis may the Secretary reject a final offer?

The Secretary may reject a final offer for one of the following reasons: (a) The amount of funds proposed in the final offer exceeds the applicable funding level to which the Tribe/Consortium is entitled under the Act; (b) The program that is the subject of the final offer is an inherent Federal function that cannot legally be delegated to a Tribe/Consortium or is subject to discretion of the Secretary under the Act; (c) The Tribe/Consortium cannot carry out the program in a manner that would not result in significant danger or risk to the public health or safety, to natural resources, or to trust resources; (d) The Tribe/Consortium is not eligible to participate in self-governance under 25 U.S.C. 5362; (e) The funding agreement would violate a Federal statute or regulation; or (f) With respect to a program or portion of a program included in a final offer pursuant to 25 U.S.C. 5363(b)(2), the program or the portion of the program is not otherwise available under 25 U.S.C. 5321(a)(1)(E).