Code of Federal Regulations · Section
§ 83.61 — When Will The Assistant Secretary's Decision Become Effective, And Can It Be Appealed?
25 C.F.R. § 83.61
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).
Authorizing Statute
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Actions reviewable5 U.S.C. § 704
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Definitions25 U.S.C. § 5130
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Duties of Secretary43 U.S.C. § 1457
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Duties of Commissioner25 U.S.C. § 2
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Departmental regulations5 U.S.C. § 301