§ 83.61 When will the Assistant Secretary's decision become effective, and can it be appealed?
Current through Jun 5, 2025 · Read all of Part 83
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).