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

Copy with citation
Copy as parenthetical citation

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:

An immediate threat of imminent harm to the safety of any person; or

Imminent substantial and irreparable harm to trust funds, trust lands, or interest in such lands.

A reassumption is considered a non-emergency reassumption if there has been:

A violation of the rights or endangerment of the health, safety, or welfare of any person; or

Gross negligence or mismanagement in the handling or use of:

Contract funds;

Trust funds;

Trust lands; or

Interests in trust lands under the contract.