25 C.F.R. § 900.150

What decisions can an Indian tribe or tribal organization appeal under this subpart?

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(a) A decision to decline to award a self-determination contract, or a portion thereof, under section 102 of the Act;

(b) A decision to decline to award a construction contract, or a portion thereof, under sections 105(m) and 102 of the Act;

(c) A decision to decline a proposed amendment to a self-determination contract, or a portion thereof, under section 102 of the Act;

(d) A decision not to approve a proposal, in whole or in part, to redesign a program;

(e) A decision to rescind and reassume a self-determination contract, in whole or in part, under section 109 of the Act except for emergency reassumptions;

(f) A decision to refuse to waive a regulation under section 107(e) of the Act;

(g) A disagreement between an Indian tribe or tribal organization and the Federal government over proposed reporting requirements;

(h) A decision to refuse to allow an Indian tribe or tribal organization to convert a contract to mature status, under section 4(h) of the Act;

(i) All other appealable pre-award decisions by a Federal official as specified in these regulations, whether an official of the Department of the Interior or the Department of Health and Human Services; or

(j) A decision relating to a request for a determination that a law or regulation has been superseded by the Act.

Notes of Decisions

Cited in 2 cases, 2013–2015 · leading case: Seneca Nation of Indians v. United States Dep't of Health & Human Servs., 945 F. Supp. 2d 135 (D.D.C. 2013).

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Seneca Nation of Indians v. United States Dep't of Health & Human Servs., 945 F. Supp. 2d 135 (D.D.C. 2013). “” 25 C.F.R. § 900.150 (c). These provisions, read in tandem, further suggest that the ISDEAA and its regulations draw a distinction between a "claim” for a benefit not received under a contract and an "amendment” seeking to change the terms of that contract.”

Seneca Nation of Indians v. U.S. Dep't of Health & Human Servs., 144 F. Supp. 3d 115 (D.D.C. 2015). “See 25 C.F.R. §§ 900.150 , 900.153. Alternatively, they may be appealed administratively to the Interior Board of Indian Appeals and, from there, to the Secretary.”

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