25 CFR § 1000.2351 - To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?

---
identifier: "/us/cfr/t25/s1000.2351"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 1000.2351 - To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?"
title_number: 25
title_name: "Indians"
section_number: "1000.2351"
section_name: "To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?"
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"
---


# 1000.2351 To Whom may a Tribe/Consortia appeal a decision under § 1000.2345?

(a) *Filing an appeal.* A Tribe/Consortium may elect to file a dispute under § 1000.2345 with either the bureau head/Assistant Secretary or IBIA in accordance with this subpart. However, the Tribe/Consortium may not avail itself to both paths for the same dispute.

(b) *Bureau head/Assistant Secretary appeal.* Unless the initial decision being appealed is one that was made by the bureau head (those appeals are forwarded to the appropriate Assistant Secretary—*see* § 1000.2360(c), of this subpart), the bureau head will decide initial appeals relating to these pre-award matters, that include but are not limited to disputes regarding:

(1) Eligibility to participate in self-governance;

(2) Decisions declining to provide requested information as addressed in subpart H;

(3) Allocations of program funds when a dispute arises between a Consortium and a withdrawing Tribe; and

(4) Inherently Federal functions and associated funding.

(c) *IBIA.* The Tribe/Consortium may choose to forego the administrative appeal through the bureau or the Assistant Secretary, as described in paragraph (b) of this section, and instead appeal directly to IBIA.