---
kind: "section"
citation: "25 C.F.R. § 900.247"
title: "25"
number: "900.247"
heading: "Under what circumstances is a reassumption considered an emergency instead of non-emergency reassumption?"
url: "https://uscodex.org/cfr/25/900.247"
---

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

- (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

### Authority

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

### Source

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