25 C.F.R. § 900.29
What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal?
If the Secretary decides to decline all or a severable portion of a proposal, the Secretary is required:
(a) To advise the Indian tribe or tribal organization in writing of the Secretary's objections, including a specific finding that clearly demonstrates that (or that is supported by a controlling legal authority that) one of the conditions set forth in § 900.22 exists, together with a detailed explanation of the reason for the decision to decline the proposal and, within 20 days, any documents relied on in making the decision; and
(b) To advise the Indian tribe or tribal organization in writing of the rights described in § 900.31.
Notes of Decisions
Cited in 7
cases, 2007–2018 · leading case: Cheyenne River Sioux Tribe v. Kempthorne, 496 F. Supp. 2d 1059 (D.S.D. 2007).
Cheyenne River Sioux Tribe v. Kempthorne, 496 F. Supp. 2d 1059 (D.S.D. 2007). “See 25 C.F.R. §§ 900.29 and 900.31. Moreover, the letter did not include a detailed explanation for the decision to decline the proposal nor did it include any of the documents the Secretary relied on in making the decision.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). “21 ; advise the tribal organization in writing of the Secretary’s objections and include a specific finding that clearly demonstrates that the basis for declination exists in that 90-day period, and provide any documents relied on in making that decision, 25 C.F.R. § 900.29 ;…”
Cook Inlet Tribal Council v. Mandregan, 348 F. Supp. 3d 1 (D.C. Cir. 2018). “; see also 25 C.F.R. § 900.29 (IHS Regulation: "What is the Secretary required to do if the Secretary decides to decline all or a portion of a proposal?").”
Aleutian Pribilof Islands Ass'n v. Kempthorne, 537 F. Supp. 2d 1 (D.D.C. 2008). “” 25 C.F.R. § 900.29 (a). In subsequent administrative proceedings or judicial lawsuits reviewing the Secretary’s decision, the burden of proof is on the Secretary “to establish by clearly demonstrating the validity of the *10 grounds for declining the contract proposal (or…”
Aleutian Pribilof Islands Ass'n v. Kempthorne, 537 F. Supp. 2d 1 (D.D.C. 2008). “" 25 C.F.R. § 900.29 (a). In subsequent administrative proceedings or judicial lawsuits reviewing the Secretary's decision, the burden of proof is on the Secretary "to establish by clearly demonstrating the validity of the *10 grounds for declining the contract proposal (or…”
Cook Inlet Tribal Council, Inc. v. Mandregan (D.D.C. 2018). “; see also 25 C.F.R. § 900.29 (IHS Regulation: “What is the Secretary required to do if the 16 Secretary decides to decline all or a portion of a proposal?”).”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 256 F. Supp. 3d 1186 (D.N.M. 2015). “21 ; advise the tribal organization in writing of the Secretary’s objections and include a specific finding that clearly demonstrates that the basis for declination exists in that 90-day period, and provide any documents relied on in making that decision, 25 C.F.R. § 900.29 ;…”
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