C.F.R. » Title 25 » CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT › Subpart M—Federal Tort Claims Act Coverage General Provisions

25 C.F.R. § 900.189

Does this coverage extend to subcontractors of self-determination contracts?

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No. Subcontractors or subgrantees providing services to a Public Law 93-638 contractor or grantee are generally not covered. The only exceptions are Indian contractors such as those under subcontract with the California Rural Indian Health Board to carry out IHS programs in geographically defined service areas in California and personal services contracts under § 900.193 (for § 900.183(b)(1)) or § 900.183(b) (for § 900.190).

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2025 · leading case: Sisto v. United States, No. 2:20-cv-00202 (D. Ariz. July 20, 2020).
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Sisto v. United States, No. 2:20-cv-00202 (D. Ariz. July 20, 2020). · cites it 2× “§ 233 (a), 25 C.F.R. § 900.189 , 25 C.F.R. § 900.193 , 25 C.”
United Indian Health etc. v. Workers' Comp. Appeals Bd., No. A170950 (Cal. Ct. App. May 20, 2025). “50 [addressing federal laws applicable to subcontractors]; 25 C.F.R. § 900.189 [referring to “Indian contractors such as those under subcontract with the California Rural Indian Health Board”].”
United Indian Health etc. v. Workers' Comp. Appeals Bd., No. A170950 (Cal. Ct. App. June 10, 2025). “50 [addressing federal laws applicable to subcontractors]; 25 C.F.R. § 900.189 [referring to “Indian contractors such as those under subcontract with the California Rural Indian Health Board”].”
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