Subpart R. Subpart R—Appeals

• § 1000.2301 - What is the purpose of this subpart?
• § 1000.2305 - How must disputes be handled?
• § 1000.2310 - Does a Tribe/Consortium have any options besides an appeal?
• § 1000.2315 - What is the Secretary's burden of proof for appeals in this subpart?

• Informal Conference

  • SECTION § 1000.2320 - How does a Tribe/Consortium request an informal conference?
  • SECTION § 1000.2325 - How is an informal conference held?
  • SECTION § 1000.2330 - What happens after the informal conference?

• Post-Award Disputes

  • SECTION § 1000.2335 - How may a Tribe/Consortium appeal a decision made after the funding agreement or compact or an amendment to a funding agreement or compact has been signed?
  • SECTION § 1000.2340 - What statutes and regulations govern resolution of disputes concerning signed funding agreements or compacts (and any signed amendments) that are appealed to the CBCA?

• Pre-Award Disputes

  • SECTION § 1000.2345 - What decisions may a Tribe/Consortium appeal under §through 1000.2395?
  • SECTION § 1000.2350 - What decisions may not be appealed under §through 1000.2395?
  • SECTION § 1000.2351 - To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?
  • SECTION § 1000.2355 - How does a Tribe/Consortium know where and when to file an appeal?
  • SECTION § 1000.2357 - Which officials is the appropriate bureau head or Assistant Secretary for purposes of subpart R?

• Appeals to Bureau Head/Assistant Secretary

  • SECTION § 1000.2360 - When and how must a Tribe/Consortium appeal an adverse pre-award decision to the bureau head/Assistant Secretary?
  • SECTION § 1000.2365 - When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?
  • SECTION § 1000.2370 -

• Appeals to IBIA

  • SECTION § 1000.2375 - When and how must a Tribe/Consortium appeal an adverse pre-award decision to the IBIA?
  • SECTION § 1000.2380 - What happens after a Tribe/Consortium files an appeal?
  • SECTION § 1000.2385 - What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?
  • SECTION § 1000.2386 - What regulations govern resolution of disputes that are appealed to the IBIA?
  • SECTION § 1000.2390 - Will an appeal adversely affect the Tribe's/Consortium's rights in other compact, funding negotiations, or construction project agreement?
  • SECTION § 1000.2395 - Will the decision on appeal be available for the public to review?

• Appeals of an Immediate Reassumption of a Self-Governance Program

  • SECTION § 1000.2405 - What happens in the case of an immediate reassumption under 25 U.S.C. 5366(b)?
  • SECTION § 1000.2410 - Will there be a hearing?
  • SECTION § 1000.2415 - What happens after the hearing?
  • SECTION § 1000.2420 - Is the recommended decision always final?
  • SECTION § 1000.2425 - If a Tribe/Consortium objects to the recommended decision, what action will the IBIA take?
  • SECTION § 1000.2430 - Will an immediate reassumption appeal adversely affect the Tribe's/Consortium's rights in other self-governance negotiations?

• Equal Access to Justice Act

  • SECTION § 1000.2435 - Does the Equal Access to Justice Act (EAJA) apply to appeals under this subpart?