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89 FR 100245, Dec. 11, 2024, unless otherwise noted.
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(a) Filing an appeal. A Tribe/Consortium may elect to file a dispute under § 1000.2345 with either the bureau head/Assistant Secretary or IBIA in accordance with this subpart. However, the Tribe/Consortium may not avail itself to both paths for the same dispute.
(b) Bureau head/Assistant Secretary appeal. Unless the initial decision being appealed is one that was made by the bureau head (those appeals are forwarded to the appropriate Assistant Secretary—see § 1000.2360(c), of this subpart), the bureau head will decide initial appeals relating to these pre-award matters, that include but are not limited to disputes regarding:
(1) Eligibility to participate in self-governance;
(2) Decisions declining to provide requested information as addressed in subpart H;
(3) Allocations of program funds when a dispute arises between a Consortium and a withdrawing Tribe; and
(4) Inherently Federal functions and associated funding.
(c) IBIA. The Tribe/Consortium may choose to forego the administrative appeal through the bureau or the Assistant Secretary, as described in paragraph (b) of this section, and instead appeal directly to IBIA.