25 CFR 900.174 - If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?

Regulations last checked for updates: Nov 22, 2024

Title 25 - Indians last revised: Mar 22, 2024

View all text of Subpart L [§ 900.150 - § 900.177]

§ 900.174 - If an Indian tribe or tribal organization objects to the recommended decision, what will the Secretary of Health and Human Services or the IBIA do?

(a) The Secretary or the IBIA has 15 days from the date he/she receives timely written objections to modify, adopt, or reverse the recommended decision. If the Secretary or the IBIA does not modify or reverse the recommended decision during that time, the recommended decision automatically becomes final.

(b) When reviewing the recommended decision, the IBIA or the Secretary may consider and decide all issues properly raised by any party to the appeal, based on the record.

(1) Be in writing;

(2) Specify the findings of fact or conclusions of law which are modified or reversed;

(3) Give reasons for the decision, based on the record; and

(4) State that the decision is final for the Department.

authority: 25 U.S.C. 450f

source: 61 FR 32501, June 24, 1996, unless otherwise noted.

cite as: 25 CFR 900.174