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Notes

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

25 C.F.R. § 900.247

(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, amendments, and revision history

Authority

Authority: 25 U.S.C. 450f et seq.

Source

Source: 61 FR 32501, June 24, 1996, unless otherwise noted.