Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?

  1. Law
  2. CFR 25
  3. Indians
  4. Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services
  5. Contracts Under the Indian Self-Determination and Education Assistance Act
  6. Retrocession and Reassumption Procedures
  7. Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?

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§ 900.247 Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?

(a) A reassumption is considered an emergency reassumption if an Indian tribe or tribal organization fails to fulfill the requirements of the contract and this failure poses:

(1) An immediate threat of imminent harm to the safety of any person; or

(2) Imminent substantial and irreparable harm to trust funds, trust lands, or interest in such lands.

(b) A reassumption is considered a non-emergency reassumption if there has been:

(1) A violation of the rights or endangerment of the health, safety, or welfare of any person; or

(2) Gross negligence or mismanagement in the handling or use of:

(i) Contract funds;

(ii) Trust funds;

(iii) Trust lands; or

(iv) Interests in trust lands under the contract.


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