25 C.F.R. § 900.25
What if only a portion of a proposal raises one of the five declination criteria?
The Secretary must approve any severable portion of a proposal that does not support a declination finding described in § 900.20, subject to any alteration in the scope of the proposal that the Secretary and the Indian tribe or tribal organization approve.
Notes of Decisions
Cited in 4
cases, 2015–2018 · leading case: Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016).
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). “at *34 (citing 25 C.F.R. § 900.25 ). Fourth, the prior decision found that, even assuming arguendo that the Declination Criteria applied, neither the Moss Adams Audit nor the IHS Performance Monitoring report provided any evidence to establish that Sage violated any federal…”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 100 F. Supp. 3d 1122 (D.N.M. 2015). “§ 450f(b)(2))(omissions in Motion, but not in § 450f(b)(2))(internal quotation marks omitted).”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). “at [1161-62] *34 (citing 25 C.F.R. § 900.25 ). Fourth, the prior decision found that, even assuming arguendo that the Declination Criteria applied, neither the Moss Adams Audit nor the IHS Performance Monitoring report provided any evidence to establish that Sage violated any…”
United States v. Cleveland, 356 F. Supp. 3d 1215 (D.N.M. 2018). “See 25 C.F.R. § 900.25 . After the Secretary declines a proposal, he or she must: (i) state any objections in writing to the Tribe or Tribal organization; (ii) provide assistance to the Tribe or Tribal organization to overcome the stated objections; and (iii) provide the Tribe…”
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