(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. (1) An immediate threat of imminent harm to the safety of any person; or
2. (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. (1) A violation of the rights or endangerment of the health, safety, or welfare of any person; or

2. (2) Gross negligence or mismanagement in the handling or use of:

   1. (i) Contract funds;
   2. (ii) Trust funds;
   3. (iii) Trust lands; or
   4. (iv) Interests in trust lands under the contract.