---
kind: "section"
citation: "25 C.F.R. § 83.61"
title: "25"
number: "83.61"
heading: "When will the Assistant Secretary's decision become effective, and can it be appealed?"
url: "https://uscodex.org/cfr/25/83.61"
---

# §83.61. When will the Assistant Secretary's decision become effective, and can it be appealed?


AS-IA's decision under [§ 83.59](/cfr/25/83.59.md) 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](/usc/5/704.md)).

## Notes

### Source

Source: 90 FR 3643, Jan. 15, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 5131; 25 U.S.C. 5130 note (Congressional Findings); and 43 U.S.C. 1457.

### Source

Source: 80 FR 37887, July 1, 2015, unless otherwise noted.