1. Regulations
  2. title 25
  3. chapter I
  4. part 83
  5. subpart C
  6. subjgrp 82
  7. § 83.40

View all text of Subjgrp 82 [§ 83.40 - § 83.46]

§ 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) NegativeThe petitioner did not elect a hearingExpiration of the period for the petitioner to elect a hearing. (2) NegativeThe petitioner elected a hearingReceipt of the ALJ's recommended decision. (3) PositiveNo objections with evidence were receivedExpiration of the comment period for the positive PF. (4) PositiveObjections with evidence were receivedExpiration 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.

AUTHORITY: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1; Pub. L. 103-454 Sec. 103 (Nov. 2, 1994); and 43 U.S.C. 1457.

SOURCE: 80 FR 37887, July 1, 2015, unless otherwise noted.

CITE AS: 25 CFR 83.40