1. Regulations
  2. title 25
  3. chapter I
  4. part 83
  5. subpart D
  6. § 83.61

View all text of Subpart D [§ 83.47 - § 83.62]

§ 83.61 - When will the Assistant Secretary's decision become effective, and can it be appealed?

AS-IA's decision under § 83.59 will become effective immediately and is not subject to administrative appeal.

(a) A grant of authorization to re-petition is not a final determination granting or denying acknowledgment as a federally recognized Indian tribe. Instead, it allows the petitioner to proceed through the Federal acknowledgment process by submitting a new documented petition for consideration under subpart C of this part, notwithstanding the Department's previous, negative final determination. A grant of authorization to re-petition is not subject to appeal.

(b) A denial of authorization to re-petition is final for the Department and is a final agency action under the Administrative Procedure Act (5 U.S.C. 704).

AUTHORITY: 5 U.S.C. 301; 25 U.S.C. 2, 9, 5131; 25 U.S.C. 5130 note (Congressional Findings); and 43 U.S.C. 1457.

SOURCE: 80 FR 37887, July 1, 2015, unless otherwise noted.

CITE AS: 25 CFR 83.61