regulation

Bureau of Indian Affairs, Interior, IHS, HHS
the informal conference shall prepare
and mail to the Indian tribe or tribal
organization a written report which
summarizes what happened at the informal conference and a recommended
decision.
(b) Every report of an informal conference shall contain the following language:
Within 30 days of the receipt of this recommended decision, you may file an appeal
of the initial decision of the DOI or DHHS
agency with the Interior Board of Indian Appeals (IBIA) under 25 CFR 900.157. You may
request a hearing on the record. An appeal to
the IBIA under 25 CFR 900.157 shall be filed
with the IBIA by certified mail or hand delivery at the following address: Board of Indian Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, VA
22203. You shall serve copies of your Notice
of Appeal on the Secretary and on the official whose decision is being appealed. You
shall certify to the IBIA that you have
served these copies.

§ 900.157 Is the recommended decision
always final?
No. If the Indian tribe or tribal organization is dissatisfied with the recommended decision, it may still appeal
the initial decision within 30 days of
receiving the recommended decision
and the report of the informal conference. If the Indian tribe or tribal organization does not file a notice of appeal within 30 days, or before the expiration of the extension it has received
under § 900.159, the recommended decision becomes final.
§ 900.158 How does an Indian tribe or
tribal organization appeal the initial decision, if it does not request
an informal conference or if it does
not agree with the recommended
decision resulting from the informal conference?
(a) If the Indian tribe or tribal organization decides to appeal, it shall file
a notice of appeal with the IBIA within
30 days of receiving either the initial
decision or the recommended decision.
(b) The Indian tribe or tribal organization may either hand-deliver the notice of appeal to the IBIA, or mail it by
certified mail, return receipt requested. If the Indian tribe or tribal organization mails the Notice of Appeal,
it will be considered filed on the date
the Indian tribe or tribal organization

§ 900.160
mailed it by certified mail. The Indian
tribe or tribal organization should mail
the notice of appeal to: Board of Indian
Appeals, U.S. Department of the Interior, 801 North Quincy Street, Arlington, VA 22203.
(c) The Notice of Appeal shall:
(1) Briefly state why the Indian tribe
or tribal organization thinks the initial decision is wrong;
(2) Briefly identify the issues involved in the appeal; and
(3) State whether the Indian tribe or
tribal organization wants a hearing on
the record, or whether the Indian tribe
or tribal organization wants to waive
its right to a hearing.
(d) The Indian tribe or tribal organization shall serve a copy of the notice
of appeal upon the official whose decision it is appealing. The Indian tribe or
tribal organization shall certify to the
IBIA that it has done so.
(e) The authorized representative of
the Secretary of Health and Human
Services or the authorized representative of the Secretary of the Interior
will be considered a party to all appeals filed with the IBIA under the Act.
§ 900.159 May an Indian tribe or tribal
organization get an extension of
time to file a notice of appeal?
Yes. If the Indian tribe or tribal organization needs more time, it can request an extension of time to file its
Notice of Appeal within 60 days of receiving either the initial decision or
the recommended decision resulting
from the informal conference. The request of the Indian tribe or tribal organization shall be in writing, and shall
give a reason for not filing its notice of
appeal within the 30-day time period. If
the Indian tribe or tribal organization
has a valid reason for not filing its notice of appeal on time, it may receive
an extension from the IBIA.
§ 900.160 What happens after an Indian tribe or tribal organization
files an appeal?
(a) Within 5 days of receiving the Indian tribe or tribal organization’s notice of appeal, the IBIA will decide
whether
the
appeal
falls
under
§ 900.150(a) through § 900.150(g). If so, the
Indian tribe or tribal organization is
entitled to a hearing.

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