25 C.F.R. § 62.10

Action by the Director

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(a) Except as provided in paragraph (c) of this section, when an appeal is from an adverse enrollment action taken by a Superintendent or tribal committee, the Director will consider the record as presented together with such additional information as may be considered pertinent. Any additional information relied upon shall be specifically identified in the decision. The Director shall make a decision on the appeal which shall be final for the Department and which shall so state in the decision. The appellant or sponsor will be notified in writing of the decision. Provided that, the Director may waive his/her authority to make a final decision and forward the appeal to the Assistant Secretary for final action.

(b) When an appeal is from an adverse enrollment action taken by a Director, the Director shall acknowledge in writing receipt of the appeal and shall forward the appeal to the Assistant Secretary for final action together with any relevant information or records; the recommendations of the tribal committee, when applicable; and his/her recommendations.

(c) The Director shall forward the appeal to the Assistant Secretary for final action together with any relevant information or records; the recommendations of the tribal committee, when applicable; and his/her recommendations when the adverse enrollment action which is being appealed is either:

(1) The change in degree of Indian blood by a tribal committee which affects a tribal member and the tribal governing document provides for an appeal of the action to the Secretary; or

(2) The change in degree of Indian blood by a Bureau official which affects an individual.

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Cahto Tribe of the Laytonville Rancheria v. Dutschke, 715 F.3d 1225 (9th Cir. 2013).

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Cahto Tribe of the Laytonville Rancheria v. Dutschke, 715 F.3d 1225 (9th Cir. 2013). “§ 704, and the BIA’s 2009 decision was final for the Department of the Interior, 25 C.F.R. § 62.10 . We review a district court’s grant or denial of summary judgment de novo.”

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