25 CFR § 83.61 - When will the Assistant Secretary's decision become effective, and can it be appealed?

---
identifier: "/us/cfr/t25/s83.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 83.61 - When will the Assistant Secretary's decision become effective, and can it be appealed?"
title_number: 25
title_name: "Indians"
section_number: "83.61"
section_name: "When will the Assistant Secretary's decision become effective, and can it be appealed?"
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"
---


# 83.61 When will the Assistant Secretary's decision become effective, and can it be appealed?

AS-IA's decision under § 83.59 will become effective immediately and is not subject to administrative appeal.

(a) A grant of authorization to re-petition is not a final determination granting or denying acknowledgment as a federally recognized Indian tribe. Instead, it allows the petitioner to proceed through the Federal acknowledgment process by submitting a new documented petition for consideration under subpart C of this part, notwithstanding the Department's previous, negative final determination. A grant of authorization to re-petition is not subject to appeal.

(b) A denial of authorization to re-petition is final for the Department and is a final agency action under the Administrative Procedure Act (5 U.S.C. 704).