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. § 900.18

What happens if a proposal is not declined within 90 days after it is received by the Secretary?

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A proposal that is not declined within 90 days (or within any agreed extension under § 900.17) is deemed approved and the Secretary shall award the contract or any amendment or renewal within that 90-day period and add to the contract the full amount of funds pursuant to section 106(a) of the Act.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2007–2023 · 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 5× “§ 450f(a)(2) and 25 C.F.R. § 900.18 . The ISDEAA states: “Subject to the provisions of [25 U.”
Navajo Nation v. United States Dep't of the Interior, 852 F.3d 1124 (D.C. Cir. 2017). · cites it 4× “” 25 C.F.R. § 900.18 . In 2012, DOI Secretary Sally Jewell entered into a self- determination contract under the ISDEAA whereby the federal government would fund the Navajo Nation’s (“the Nation”) judicial operations from January 1, 2012 through December 31, 2016.”
Yurok Tribe v. Dep't of the Interior, 785 F.3d 1405 (Fed. Cir. 2015). · cites it 5× “” 25 C.F.R. § 900.18 . In effect, if the Secretary does not timely respond to a Title I proposal, the proposal is deemed approved and the Secretary is directed to award a contract based on the terms of the proposal.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). · cites it 3× “’ ” June 2015 Response at 12 (quoting 25 C.F.R. § 900.18 ). The Defendants said that section 106, in turn, provides that the amount of funds under an ISDEAA contract ‘“shall not be less than the appropriate Secretary otherwise would have provided for the operation of the…”
Cheyenne River Sioux Tribe v. Kempthorne, 496 F. Supp. 2d 1059 (D.S.D. 2007). · cites it 2× “25 C.F.R. § 900.18 . Following approval by default or otherwise, the Secretary must award the contract and disburse the full amount- of funds.”
Navajo Nation v. DOI, 57 F.4th 285 (D.C. Cir. 2023). · cites it 2× “See Navajo Nation v. U.S. Dep’t of the Interior (Navajo Nation I), No.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). “§ 450j — 1(a); 25 C.F.R. § 900.18 . Should the Secretary decide to decline the proposal in part of in its entirety, he or she must do so based on one of these five reasons: (A) the service to be rendered to the Indian beneficiaries of the particular program or function to be…”
Navajo Nation v. Dep't of the Interior, 174 F. Supp. 3d 161 (D.D.C. 2016). “roposal until certain documents were submitted to it; and, after receiving no response to its entreaties, (v) only declined that portion of the Proposal that exceeded what had been awarded to the Nation the prior year, and (vi) did so on January 15, 2014, thereby giving the…”
Cook Inlet Tribal Council, Inc. v. Mandregan (D.D.C. 2019). · cites it 3× “§ 5321(a)(2); see also 25 C.F.R. § 900.18 (“A proposal that is not declined within 90 days (or within any agreed extension .”
Navajo Nation v. United States Dep't of the Interior (D.D.C. 2022). · cites it 3× “See 25 C.F.R. § 900.18 . DOI regulations further prohibit the BIA from declining a tribe’s proposed AFA when it is “substantially the same as the prior annual funding agreement.”
Navajo Nation v. United States Dep't of the Interior (D.D.C. 2022). · cites it 3× “See 25 C.F.R. § 900.18 . DOI regulations further prohibit the BIA from declining a tribe’s proposed AFA when it is “substantially the same as the prior annual funding agreement.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). · cites it 3× “’ ” Response at 12 (quoting 25 C.F.R. § 900.18 ). The Defendants say that § 106, in turn, provides that the amount of funds under an ISDEA contact- “ ‘shall not be less than the appropriate Secretary otherwise would have provided for the operation of the programs or portions…”
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