43 C.F.R. § 4.1002

What is the purpose of this subpart?

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(a) The purpose of this subpart is to establish rules of practice and procedure for the hearing process available under 25 CFR 83.38(a)(1) and 83.39 to a petitioner for Federal acknowledgment that receives from OFA a negative proposed finding on Federal acknowledgment and elects to have a hearing before an ALJ. This subpart includes provisions governing prehearing conferences, discovery, motions, an evidentiary hearing, briefing, and issuance by the ALJ of a recommended decision on Federal acknowledgment for consideration by the Assistant Secretary—Indian Affairs (AS-IA).

(b) This subpart will be construed and applied to each hearing process to achieve a just and speedy determination, consistent with adequate consideration of the issues involved.

Notes of Decisions

Cited in 1 case, 1977–1977 · leading case: Sealaska Corp. v. Roberts, 428 F. Supp. 1254 (D. Alaska 1977).

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Sealaska Corp. v. Roberts, 428 F. Supp. 1254 (D. Alaska 1977). “However, the court entertains serious doubts as to the standing of these parties to contest the notice requirements, 43 CFR 4.1002 & 4.1004, and the ripeness of these issues for adjudication.”

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