25 CFR § 83.40 - When will the Assistant Secretary begin review?

---
identifier: "/us/cfr/t25/s83.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 83.40 - When will the Assistant Secretary begin review?"
title_number: 25
title_name: "Indians"
section_number: "83.40"
section_name: "When will the Assistant Secretary begin review?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "F"
subchapter_name: "TRIBAL GOVERNMENT"
part_number: "83"
part_name: "PROCEDURES FOR FEDERAL ACKNOWLEDGMENT OF INDIAN TRIBES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 25 U.S.C. 2, 9, 5131; 25 U.S.C. 5130 note (Congressional Findings); and 43 U.S.C. 1457."
regulatory_source: "80 FR 37887, July 1, 2015, unless otherwise noted."
cfr_part: "83"
---


# 83.40 When will the Assistant Secretary begin review?

(a) AS-IA will begin his/her review in accordance with the following table:

| If the PF was: | And: | AS-IA will begin review upon: |
| --- | --- | --- |
| (1) Negative | The petitioner did not elect a hearing | Expiration of the period for the petitioner to elect a hearing. |
| (2) Negative | The petitioner elected a hearing | Receipt of the ALJ's recommended decision. |
| (3) Positive | No objections with evidence were received | Expiration of the comment period for the positive PF. |
| (4) Positive | Objections with evidence were received | Expiration of the period for the petitioner to respond to comments on the positive PF. |

(b) AS-IA will notify the petitioner and those listed in § 83.22(d) of the date he/she begins consideration.