25 CFR § 1000.1250 - What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?
---
identifier: "/us/cfr/t25/s1000.1250"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 1000.1250 - What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?"
title_number: 25
title_name: "Indians"
section_number: "1000.1250"
section_name: "What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?"
chapter_name: "OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
part_number: "1000"
part_name: "ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 5373"
regulatory_source: "89 FR 100245, Dec. 11, 2024, unless otherwise noted."
cfr_part: "1000"
---
# 1000.1250 What happens if the Secretary neither approves nor denies a waiver request within the time specified in § 1000.1240?
If the Secretary fails to make a determination with respect to a waiver request within the period specified in § 1000.1240 (including any extension agreed to under that section), the waiver request is automatically, by operation of law,
(a) Deemed approved except for programs eligible under section 403(b)(2) or section 403(c) (25 U.S.C. 5363(b)(2) or 5363(c)), as amended; or
(b) Deemed denied with respect to programs eligible under section 403(b)(2) or section 403(c) (25 U.S.C. 5363(b)(2) or 5363(c)), as amended. Such deemed denial is a final decision for the Department.