§585.8. What is the process for pursuing settlement in an appeal to the Commission?
25 C.F.R. § 585.8
General. At any time after the commencement of a proceeding, but before the date scheduled for the Commission to issue a final decision under § 585.7, the parties may jointly move to stay the proceeding for a reasonable time to permit negotiation of a settlement or an agreement disposing of the whole or any part of the proceeding.
Content. Any agreement disposing of the whole or any part of a proceeding shall also provide:
A waiver of any further proceedings before the Commission regarding the specific matter(s) settled under the agreement; and
That the agreement shall constitute dismissal of the appeal of the specific matter(s) settled, a final order of the Commission, and final agency action.
Submission. Before the expiration of the time granted for negotiations, the parties or their authorized representatives may:
Notify the Commission that the parties have reached a full or partial settlement and have agreed to dismissal of all or part of the action, subject to compliance with the terms of the settlement agreement; or
Inform the Commission that an agreement cannot be reached.
Disposition. If the parties enter into a full or partial settlement agreement, it shall constitute: full or partial dismissal of the appeal, as applicable; a final order of the Commission; and final agency action.
Notes, amendments, and revision history
Amendments
[87 FR 76929, Dec. 16, 2022]
Authority
Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.
Source
Source: 77 FR 58945, Sept. 25, 2012, unless otherwise noted.
Amendments
[87 FR 76929, Dec. 16, 2022]