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

Regulations last checked for updates: Nov 22, 2024

Title 25 - Indians last revised: Mar 22, 2024

View all text of Subpart P [§ 900.240 - § 900.256]

§ 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.

authority: 25 U.S.C. 450f

source: 61 FR 32501, June 24, 1996, unless otherwise noted.

cite as: 25 CFR 900.247