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§29.920. Is a decision of the Self-Governance Official final?

49 C.F.R. § 29.920

(a)
A decision of the Self-Governance Official is final and conclusive, and not subject to review, unless the Tribe timely commences an appeal or suit pursuant to the Contract Disputes Act.
(b)
Once the Self-Governance Official issues a decision, the decision may not be changed except by agreement of the Department and the Tribe or under the following limited circumstances:
(1)
Evidence is discovered that could not have been discovered through due diligence before the Self-Governance Official issued the decision;
(2)
The Self-Governance Official learns that there has been fraud, misrepresentation, or other misconduct by a party;
(3)
The decision is beyond the scope of the Self-Governance Official's authority;
(4)
The claim has been satisfied, released, or discharged; or
(5)
Any other reason justifying relief from the decision.
(c)
If the Self-Governance Official withdraws a decision and issues a new decision, the Tribe may appeal the new decision in accordance with § 29.921. If the Self-Governance Official does not issue a new decision, the Tribe may proceed under § 29.919(c).
(d)
If a Tribe files an appeal or suit, the Self-Governance Official may modify or withdraw the final decision before a decision is issued in the pending appeal.
Notes, amendments, and revision history

Authority

Authority: 23 U.S.C. 207

Source

Source: 85 FR 33504, June 1, 2020, unless otherwise noted.