25 CFR 83.61
§ 83.61 When will the Assistant Secretary's decision become effective, and can it be appealed?
United States · 25 CFR — Indians · Status: effective
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- Citation
- 25 CFR 83.61, § 83.61 When will the Assistant Secretary's decision become effective, and can it be appealed?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/104728
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Full text
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).
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.