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 P—Retrocession and Reassumption Procedures

25 C.F.R. § 900.247

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

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(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.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1997–2024 · leading case: Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015).
Sort: Relevance Newest Treatment
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). · cites it 3× “at 64:9-25 (FryeXquot-ing 25 C.F.R. § 900.247 )(internal quotation marks omitted).”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). · cites it 2× “See 25 C.F.R. § 900.247 . A non-emergency reas-sumption is permitted when there has been either: (i) a violation of the rights, or endangerment of the health, safety, or welfare of any person, or (ii) gross negligence or mismanagement in the handling or use of contract funds,…”
Keen v. United States, 981 F. Supp. 679 (D.D.C. 1997). “§ 450m; 25 C.F.R. 900.247. Section 450m provides that the BIA shall provide notice to the "tribal organization, and the tribe served by tribal organization.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). · cites it 4× “See 25 C.F.R. § 900.247 . A non-emergency reas-sumption is permitted when there has been either: (i) a violation of the rights, or endangerment of the health, safety, or welfare of any person,, or' (ii) gross negligence or mismanagement in the handling or use of contract, funds,…”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). · cites it 2× “See 25 C.F.R. § 900.247 . A non-emergency reassumption is permitted when there has been: (i) a violation of the rights, or endangerment of the health, safety, or welfare, of any person; or (ii) gross negligence or mismanagement in the handling or use of contract funds, trust…”
Brown v. Haaland (D. Nev. 2024). “” 25 C.F.R. § 900.247 (a). A 26 reassumption is a “non-emergency reassumption” if there has been either “(1) [a] violation of the rights or endangerment of the health, safety, or welfare of any person; or 27 (2) [g]ross negligence or mismanagement” of contract or trust funds or…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.