§2.600. May I compel an agency official to take action?
25 C.F.R. § 2.600
Yes. If a decision-maker fails to take action on a written request for action that you believe the decision-maker is required to take, you may make the decision-maker's inaction the subject of appeal.
Before filing an appeal with the next official in the decision-maker's chain of command, you must—
Send a written request to the decision-maker, asking that he or she take the action originally asked of him or her;
Identify the statute, regulation, or other source of law that you believe requires the decision-maker to take the action being requested;
Describe the interest adversely affected by the decision-maker's inaction, including a description of the loss, impairment or impediment of such interest caused by the inaction; and
State that, unless the decision-maker either takes action on the written request within 15 days of receipt of your request, or establishes a date by which a decision will be made, you will appeal the decision-maker's inaction in accordance with this subpart.
You must include a copy of your original request to the decision-maker, or other documentation establishing the date and nature of the original request.
Notes, amendments, and revision history
Authority
Authority: 43 U.S.C. 1457; 25 U.S.C. 9; 5 U.S.C. 301.
Source
Source: 88 FR 53779, Aug. 9, 2023, unless otherwise noted.