(a) The Secretary shall review each request and may request any additional information or justification deemed necessary to reach a decision.
(b) The Secretary's decision to approve or deny a request shall be in writing and state the reasons for the decision.
(c) A decision made by the Secretary, or the Assistant Secretary - Indian Affairs pursuant to delegated authority, is a final agency action under 5 U.S.C. 704 upon issuance.
(1) If the Secretary or Assistant Secretary denies the request, the Assistant Secretary shall promptly provide the applicant with the decision.
(2) If the Secretary or Assistant Secretary approves the request, the Assistant Secretary shall:
(i) Promptly provide the applicant with the decision;
(ii) Promptly publish in the Federal Register a notice of the decision to acquire land in trust under this part; and
(d) A decision made by a Bureau of Indian Affairs official pursuant to delegated authority is not a final agency action of the Department under 5 U.S.C. 704 until administrative remedies are exhausted under part 2 of this chapter or until the time for filing a notice of appeal has expired and no administrative appeal has been filed.
(1) If the official denies the request, the official shall promptly provide the applicant with the decision and notification of any right to file an administrative appeal under part 2 of this chapter.
(2) If the official approves the request, the official shall:
(i) Promptly provide the applicant with the decision;
(ii) Promptly provide written notice of the decision and the right, if any, to file an administrative appeal of such decision pursuant to part 2 of this chapter, by mail or personal delivery to:
(A) Interested parties who have made themselves known, in writing, to the official prior to the decision being made; and
(B) The State and local governments having regulatory jurisdiction over the land to be acquired;
(iii) Promptly publish a notice in a newspaper of general circulation serving the affected area of the decision and the right, if any, of interested parties who did not make themselves known, in writing, to the official to file an administrative appeal of the decision under part 2 of this chapter; and
(iv) Immediately acquire the land in trust under § 151.14 upon expiration of the time for filing a notice of appeal or upon exhaustion of administrative remedies under part 2 of this title, and upon the fulfillment of the requirements of § 151.13 and any other Departmental requirements.
(3) The administrative appeal period under part 2 of this chapter begins on:
(i) The date of receipt of written notice by the applicant or interested parties entitled to notice under paragraphs (d)(1) and (d)(2)(ii) of this section;
(ii) The date of first publication of the notice for unknown interested parties under paragraph (d)(2)(iii) of this section.
(4) Any party who wishes to seek judicial review of an official's decision must first exhaust administrative remedies under 25 CFR part 2.
[78 FR 67937, Nov. 13, 2013]