C.F.R. » Title 25 » CHAPTER V—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 900—CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT › Subpart D—Review and Approval of Contract Proposals

25 C.F.R. § 900.16

How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal?

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The Secretary has 90 days after receipt of a proposal to review and approve the proposal and award the contract or decline the proposal in compliance with section 102 of the Act and subpart E. At any time during the review period the Secretary may approve the proposal and award the requested contract.

Notes of Decisions
Cited in 8 cases, 2007–2018 · 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). · cites it 2× “§ 450f, 25 C.F.R. § 900.16 provides: How long does the Secretary have to review and approve the proposal and award the contract, or decline a proposal? The Secretary has 90 days after receipt of a proposal to review and approve the proposal and award the contract or decline the…”
Cheyenne River Sioux Tribe v. Kempthorne, 496 F. Supp. 2d 1059 (D.S.D. 2007). · cites it 2× “§ 450f; 25 C.F.R. §§ 900.16 & 900.17. Defendants maintain that one of the items they relied upon, in conducting their review, was a June 23, 2006, opinion letter from Ms.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). “§ 450a(2)(A); 25 C.F.R. §§ 900.16 , 900.17. Otherwise, the proposal is deemed approved.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). “§ 450a(2)(A); 25 C.F.R. §§ 900.16 , 900.17. Otherwise, the proposal is deemed approved.”
S. Ute Indian Tribe v. Sebelius, 657 F.3d 1071 (10th Cir. 2011). “§ 450f (directing the Secretary to approve or decline proposals within ninety days of *1084 submission); accord 25 C.F.R. § 900.16 (same). The district court's ruling that the contract and successor funding agreement were "approved by operation of the law," Cheyenne, 496 F.”
Navajo Nation v. Dep't of the Interior, 174 F. Supp. 3d 161 (D.D.C. 2016). “On February 7, 2014, BIA responded to the Nation’s January 27 letter, setting forth its view as to why its partial declination of the Proposal was timely: Pursuant to 25 C.F.R. 900.16, “[t]he Secretary has' 90 days after receipt of a proposal to review and approve the proposal…”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). “§ 5321 (a)(1), (a)(2) ; 25 C.F.R. §§ 900.16 , 900.17. Otherwise, the proposal is deemed approved.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). “§ 450a(2)(A); 25 C.F.R. §§ 900.16 , 900.17. Otherwise, the proposal is deemed approved.”
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