25 C.F.R. § 900.33

Are all proposals to renew term contracts subject to the declination criteria?

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Department of Health and Human Services and the Bureau of Indian Affairs will not review the renewal of a term contract for declination issues where no material and substantial change to the scope or funding of a program, functions, services, or activities has been proposed by the Indian tribe or tribal organization. Proposals to renew term contracts with DOI agencies other than the Bureau of Indian Affairs may be reviewed under the declination criteria.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2015–2023 · leading case: Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015).

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Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). · cites it 12× “1 (“Renewal”) violates 25 C.F.R. § 900.33 and is invalid. The regulations are clear that where the proposed Renewal does not constitute a material and substantial change to the scope or funding of Sage’s PFSAs you do not have the authority to base the decision on performance…”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). · cites it 9× “at *34 (quoting 25 C.F.R. §§ 900.33 , 900.32). Second, this Court ruled that a determination of whether a proposed contract renewal has any material and substantial changes and whether a proposed successor AFA is substantially the same as the prior AFA must be determined within…”

Navajo Nation v. DOI, 57 F.4th 285 (D.C. Cir. 2023). · cites it 8× “25 C.F.R. § 900.33 . The self-determination contract itself does not specify applicable funding levels.”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 86 F. Supp. 3d 1211 (D.N.M. 2015). · cites it 4× “1 (“Renewal”) violates 25 C.F.R. § 900.33 and is invalid. The regulations are clear that where the proposed Renewal does not constitute a material and substantial change to the scope or funding of Sage’s PFSAs you do not have the authority to base the decision on performance…”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 110 F. Supp. 3d 1140 (D.N.M. 2015). · cites it 2× “Sage Hospital points out that 25 C.F.R. § 900.33 prohibits the IHS from declining to renew Sage Hospital’s ISDEAA contract based on performance concerns to the extent that there were no material and substantial changes to the scope or funding of Sage Hospital’s programs and…”

Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). · cites it 19× “Sage Hospital points out that 25 C.F.R. § 900.33 prohibits the IHS from declining to renew Sage Hospital’s ISDEA contract based on performance concerns to the extent that there were no material and substantial changes to the scope or funding of Sage Hospital’s programs and…”

United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). · cites it 2× “" 25 C.F.R. § 900.33 . Similarly, the Secretary cannot decline a successor AFA proposal that is "substantially the same" as its predecessor.”

Navajo Nation v. United States Dep't of the Interior (D.D.C. 2022). “See 25 C.F.R. § 900.33 . Page 18 of 23 order to comply with the Anti-Deficiency Act,” see id.”

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