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Federal regulations · Through 2026-08-25 · Newer source version available

25 CFR 83.61: When will the Assistant Secretary's decision become effective, and can it be appealed?

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Where this section sits in the code
  1. Title 25—Indians
  2. CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
  3. SUBCHAPTER F—TRIBAL GOVERNMENT
  4. PART 83—PROCEDURES FOR FEDERAL ACKNOWLEDGMENT OF INDIAN TRIBES
  5. Subpart D—Re-Petition Authorization Process

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).

Collected 2026-08-27T02:24:59Z. Source file · JSON

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