25 CFR 900.247 : Indians (§ 1.1 To Parts 1201-1299) — (Part 300 To Parts 1201-1299) — Bureau Of Indian Affairs, Department Of The Interior, And Indian Health Service, Department Of Health And Human Services (§ 900.1 To Parts 901-999) — Contracts Under The Indian Self-Determination And Education Assistance Act (§ 900.1 To § 900.256) — Retrocession And Reassumption Procedures (§ 900.240 To § 900.256) — Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?

4 Aug 2016

(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.

25 CFR 900.247