§ 1000.2351. To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?
171 words·~1 min read·
/us/cfr/t25/s§ 1000.2351·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Filing an appeal. A Tribe/Consortium may elect to file a dispute under § 1000.2345 with either the bureau head/Assistant Secretary or IBIA in accordance with this subpart. However, the Tribe/Consortium may not avail itself to both paths for the same dispute.
(b)Bureau head/Assistant Secretary appeal. Unless the initial decision being appealed is one that was made by the bureau head (those appeals are forwarded to the appropriate Assistant Secretary---see § 1000.2360(c), of this subpart), the bureau head will decide initial appeals relating to these pre-award matters, that include but are not limited to disputes regarding:
(1)Eligibility to participate in self-governance;
(2)Decisions declining to provide requested information as addressed in subpart H;
(3)Allocations of program funds when a dispute arises between a Consortium and a withdrawing Tribe; and
(4)Inherently Federal functions and associated funding.
(c)IBIA. The Tribe/Consortium may choose to forego the administrative appeal through the bureau or the Assistant Secretary, as described in paragraph
(b)of this section, and instead appeal directly to IBIA.