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. § 900.204

Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract?

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Yes. Except as explained in § 900.183(b), no claim may be filed against a self-determination contractor or employee based upon performance of non-medical-related functions under a self-determination contract. Claims of this type must be filed against the United States under FTCA.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Goss v. United States, 353 F. Supp. 3d 878 (D. Ariz. 2018).
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Goss v. United States, 353 F. Supp. 3d 878 (D. Ariz. 2018). · cites it 2× “" 25 C.F.R. § 900.204 . In light of this stipulation, THC and Bonar will be dismissed as Defendants in claims 1, 2, 3, and 6, and these claims will proceed solely against the United States.”
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