---
kind: "range"
citation: "25 C.F.R. §§ 1000.2345–1000.2395"
title: "25"
from: "1000.2345"
to: "1000.2395"
count: 14
url: "https://uscodex.org/cfr/25/1000.2345..1000.2395"
---

# §1000.2345. What decisions may a Tribe/Consortium appeal under §§ 1000.2345 through 1000.2395?


Decisions that a Tribe/Consortium may appeal include, but are not limited to:

- (a) A decision to reject a final offer, or a portion thereof, under [25 U.S.C. 5366(c)](/usc/25/5366.md?p=c);
- (b) A decision to reject a proposed amendment to a compact or funding agreement, or a portion thereof, under [25 U.S.C. 5366(c)](/usc/25/5366.md?p=c);
- (c) A decision that provisions in a retained funding agreement and/or compact are directly contrary to any express provision of the Act;
- (d) A decision to reassume a compact or funding agreement, in whole or in part, under [25 U.S.C. 5366(b)](/usc/25/5366.md?p=b), except for immediate reassumptions under [25 U.S.C. 5366(b)(3)](/usc/25/5366.md?p=b-3);
- (e) A decision to reject a final construction project proposal, or a portion thereof, under [25 U.S.C. 5367(g)](/usc/25/5367.md?p=g) and [subpart K](/cfr/25/subpartK.md) of this part; and
- (f) For construction project agreements carried out under [25 U.S.C. 5367](/usc/25/5367.md), a decision to reject project planning documents, design documents, or proposed amendments submitted by a Tribe/Consortium under [25 U.S.C. 5367(h)(1)](/usc/25/5367.md?p=h-1) and [subpart K](/cfr/25/subpartK.md) of this part.

# §1000.2350. What decisions may not be appealed under §§ 1000.2345 through 1000.2395?


Decisions that may not appealed under [§§ 1000.2345 through 1000.2395](/cfr/25/1000.2345..1000.2395.md) shall be limited to:

- (a) Disputes arising under the terms of a compact, funding agreement, or construction project agreement that has been awarded;
- (b) Disputes arising from immediate reassumptions under [25 U.S.C. 5366(b)(3)](/usc/25/5366.md?p=b-3) and [§ 1000.1750](/cfr/25/1000.1750.md) which are covered under [§§ 1000.2405 through 1000.2430](/cfr/25/1000.2405..1000.2430.md);
- (c) Decisions relating to planning and negotiation grants (subparts [C](/cfr/25/subpartC.md) and [D](/cfr/25/subpartD.md) of this part) and certain discretionary grants not awarded under title IV ([25 CFR part 2](/cfr/25/part2.md));
- (d) Decisions regarding requests for waivers of regulations ([subpart J](/cfr/25/subpartJ.md) of this part);
- (e) Decisions regarding construction ([subpart K](/cfr/25/subpartK.md) of this part) addressed in [§ 1000.1455](/cfr/25/1000.1455.md); and
- (f) Decisions under any other statute, such as the Freedom of Information Act and the Privacy Act (see [43 CFR part 2](/cfr/43/part2.md)).

# §1000.2351. To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?

- (a) **Filing an appeal.** A Tribe/Consortium may elect to file a dispute under [§ 1000.2345](/cfr/25/1000.2345.md) 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)](/cfr/25/1000.2360.md?p=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)](#b) of this section, and instead appeal directly to IBIA.

# §1000.2355. How does a Tribe/Consortium know where and when to file an appeal?


Every decision in any of the areas listed in [§ 1000.2345](/cfr/25/1000.2345.md) must contain information which shall tell the Tribe/Consortium where and when to file the Tribe's/Consortium's appeal. Each decision shall include the following statement:

Within 30 days of the receipt of this decision, you may request non-binding informal alternative dispute resolution, such as an informal conference under [§ 1000.2320](/cfr/25/1000.2320.md), or file an appeal of the initial decision of the Department in accordance with [subpart R](/cfr/25/subpartR.md) of this part. Alternatively, you may file an action in Federal court pursuant to [25 U.S.C. 5331](/usc/25/5331.md).


# §1000.2357. Which officials is the appropriate bureau head or Assistant Secretary for purposes of subpart R?

- (a) Table 1 to this [paragraph (a)](#a) indicates the appropriate bureau head, for purposes of [subpart R](/cfr/25/subpartR.md), to whom a Tribe/Consortium may file its initial request for appeal when exercising its appeal rights to the bureau head/Assistant Secretary under [§ 1000.2351](/cfr/25/1000.2351.md) for any BIA program:
- (b) The appropriate Assistant Secretary for any BIA Program, for purposes of [§ 1000.2370](/cfr/25/1000.2370.md), shall be the Assistant Secretary for Indian Affairs.
- (c) If a Tribe/Consortium elects to exercise its appeal rights to the bureau head/Assistant Secretary under [§ 1000.2351](/cfr/25/1000.2351.md) for any non-BIA Programs then:
  - (1) The appropriate bureau head, for purposes of this subpart R, shall be the director of the appropriate bureau which issued the initial adverse decision, including the commissioner of the Bureau of Reclamation.
  - (2) The appropriate Assistant Secretary, for purposes of this subpart R, shall be the Assistant Secretary who oversees the appropriate non-BIA bureau which issued the initial adverse decision.

# §1000.2360. When and how must a Tribe/Consortium appeal an adverse pre-award decision to the bureau head/Assistant Secretary?

- (a) If a Tribe/Consortium wishes to exercise its appeal rights to the bureau head/Assistant Secretary under [§ 1000.2351](/cfr/25/1000.2351.md), it must make a written request for review to the appropriate bureau head within 30 days of receiving the initial adverse decision or the conclusion of any non-binding informal alternative dispute resolution process. In addition, the Tribe/Consortium may request the opportunity to have a meeting with appropriate bureau personnel in an effort to clarify the matter under dispute before a formal decision by the bureau head.
- (b) The written request for review should include a statement describing its reasons for a review, with any supporting documentation, or indicate that such a statement or documentation will be submitted within 30 days. A copy of the request must also be sent to the Director of the OSG.
- (c) If the initial decision was made by the bureau head, any appeal shall be directed to the appropriate Assistant Secretary. If a Tribe does not request a review within 30 days of receipt of the decision, the initial decision will be final for the Department.

# §1000.2365. When must the bureau head (or appropriate Assistant Secretary) issue a final decision in the pre-award appeal?


Within 30 days of receiving the request for review and the statement of reasons described in [§ 1000.2360](/cfr/25/1000.2360.md), the bureau head or, where applicable, the appropriate Assistant Secretary must:

- (a) Issue a written final decision stating the reasons for the decision; and
- (b) **Send the decision to the Tribe/Consortium.**

# §1000.2370. When and how will the Assistant Secretary respond to an appeal by a Tribe/Consortium?


The appropriate Assistant Secretary will decide an appeal of any initial decision made by a bureau head (see [§ 1000.2360](/cfr/25/1000.2360.md)). If the Tribe/Consortium has appealed the bureau's initial adverse decision of the bureau to the bureau head and the bureau head's decision on initial appeal is contrary to the Tribe's/Consortium's request for relief, or the bureau head fails to make a decision within 30 days of receipt by the bureau of the Tribe's/Consortium's initial request for review and any accompanying statement and documentation, the Tribe's/Consortium's appeal will be sent automatically to the appropriate Assistant Secretary for decision. The Assistant Secretary must either concur with the bureau head's decision or issue a separate decision within 60 days of receipt by the bureau of the Tribe's/Consortium's initial request for review and any accompanying statement and documentation. The decision of the Assistant Secretary is final for the Department.


# §1000.2375. When and how must a Tribe/Consortium appeal an adverse pre-award decision to the IBIA?

- (a) If a Tribe/Consortium wishes to exercise its appeal rights to the IBIA under [§ 1000.2351](/cfr/25/1000.2351.md), it must file a notice of appeal to the IBIA within 30 days of receiving the initial decision or the conclusion of any non-binding informal alternative dispute resolution process.
- (b) The Tribe/Consortium may either hand-deliver the notice of appeal to the IBIA, or mail it by certified mail, return receipt requested. If the Tribe/Consortium mails the Notice of Appeal it will be considered filed on the date the Tribe/Consortium mailed it by certified mail. The Tribe/Consortium should mail the notice of appeal to: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 N Quincy Street, Suite 300, Arlington, VA 22203.
- (c) The Notice of Appeal must include:
  - (1) A statement describing the Tribe's/Consortium's reasons for a review (including why the Tribe/Consortium thinks the initial decision is wrong and briefly identify the issues involved in the appeal);
  - (2) Any supporting documentation;
  - (3) If the Tribe/Consortium's Notice of Appeal does not include the items in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) of this section, an indication that such a statement or documentation will be submitted within 30 days; and
  - (4) A statement whether the Tribe/Consortium wants a hearing on the record, or whether the Tribe/Consortium wants to waive its right to a hearing.
- (d) The Tribe/Consortium must serve a copy of the notice of appeal upon the official whose decision it is appealing. A copy of the notice of appeal must also be sent to the Director of the OSG. The Tribe/Consortium must certify to the IBIA that it has done so.
- (e) The authorized representative of the Secretary will be considered a party to all appeals filed with the IBIA under the Act.

# §1000.2380. What happens after a Tribe/Consortium files an appeal?

- (a) Within 5 days of receiving the Tribe's/Consortium's notice of appeal, the IBIA will decide whether the appeal falls under [§ 1000.2345](/cfr/25/1000.2345.md). If so, the Tribe/Consortium is entitled to a hearing.
- (b) If the IBIA cannot make that decision based on the information included in the notice of appeal, the IBIA may ask for additional statements from the Tribe/Consortium, or from the appropriate Federal agency. If the IBIA asks for more statements, it will make its decision within 5 days of receiving those statements.
- (c) If the IBIA decides that the Tribe/Consortium is not entitled to a hearing or if the Tribe/Consortium has waived its right to a hearing on the record, the IBIA will dismiss the appeal and inform the Tribe/Consortium that it is not entitled to a hearing or has waived its right to a hearing.

# §1000.2385. What procedures apply to Interior Board of Indian Appeals (IBIA) proceedings?


The IBIA may use the procedures set forth in [43 CFR 4.22 through 4.27](/cfr/43/4.22..4.27.md) as a guide.


# §1000.2386. What regulations govern resolution of disputes that are appealed to the IBIA?


To the extent not inconsistent with this subpart, the regulations at [§§ 900.159 through 900.169](/cfr/25/900.159..900.169.md) of this title apply to disputes that are appealed to the IBIA, except that any references to the U.S. Department of Health and Human Services are inapplicable. For purposes of such appeals:

- (a) The terms “contract” and “self-determination contract” mean compacts and funding agreements entered into under the Act; and
- (b) The term “Tribe” means “Tribe/Consortium.”

# §1000.2390. Will an appeal adversely affect the Tribe's/Consortium's rights in other compact, funding negotiations, or construction project agreement?


No, a pending appeal will not adversely affect or prevent the negotiation or award of another compact, funding agreement, or construction project agreement.


# §1000.2395. Will the decision on appeal be available for the public to review?


Yes, the Secretary shall publish all final decisions from the Administrative Law Judge (ALJs) and IBIA under this subpart. Decisions can be found on the Department's website.