CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER E—EDUCATION (parts 30 to 47) > PART 39—THE INDIAN SCHOOL EQUALIZATION PROGRAM > SUBPART E—Contingency Fund (§39.500 to §39.505) > 39.501—What is an emergency or unforeseen contingency?

39.501—What is an emergency or unforeseen contingency?

An emergency or unforeseen contingency is an event that meets all of the following criteria:
(a) It could not be planned for;
(b) It is not the result of mismanagement, malfeasance, or willful neglect;
(c) It is not covered by an insurance policy in force at the time of the event;
(d) The Assistant Secretary determines that Bureau cannot reimburse the emergency from the facilities emergency repair fund; and
(e) It could not have been prevented by prudent action by officials responsible for the educational program.