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. § 900.248

In a non-emergency reassumption, what is the Secretary required to do?

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The Secretary must:

(a) Notify the Indian tribes or tribal organizations served by the contract and the contractor in writing by certified mail of the details of the deficiencies in contract performance;

(b) Request specified corrective action to be taken within a reasonable period of time, which in no case may be less than 45 days; and

(c) Offer and provide, if requested, the necessary technical assistance and advice to assist the contractor to overcome the deficiencies in contract performance. The Secretary may also make a grant for the purpose of obtaining such technical assistance as provided in section 103 of the Act.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2015–2024 · leading case: Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016).
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Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). “See 25 C.F.R. § 900.248 . If the Tribal organization fails to ameliorate the deficiencies, the Secretary shall provide a second written notice to the Tribe or Tribal organization that the Secretary will reassume the contract, in whole or in part.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). “§ 450m; 25 C.F.R. §§ 900.248 -.254). Sage Hospital contends that the Defendants’ argument on why the Court should deny injunctive relief “proceeds from two principal misunderstandings.”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). “See 25 C.F.R. § 900.248 . If the Tribal organization fails to ameliorate the deficiencies, the Secretary shall provide a second written notice to the Tribe or Tribal organization that the Secretary will reassume the contract, in whole or in part.”
Brown v. Haaland (D. Nev. 2024). “See 25 C.F.R. § 900.248 . 20 The regulations thus clearly envision a scenario where performance improves and 21 position this scenario as preferable to reassumption.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). “See 25 C.F.R. § 900.248 . If the tribal organization fails to ameliorate the deficiencies, the Secretary shall provide a second written notice to the tribe or tribal organization that the Secretary will reas-sume ■ the contract, in whole or in part.”
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