Fort Hall Indian irrigation project, Idaho. Reimbursement of construction costs, San Carlos Indian irrigation project, Arizona.. Reimbursement of construction costs, Ahtanum Operation of U.S.M.S. "North Star" between Se- attle, Wash., and stations of the Bureau of Use of Columbia River Indian in-lieu fishing sites. Off-reservation treaty fishing............. Resale of lands within the Badlands Air Force Contracts under Indian Self-Determination Act..... Grants under Indian Self-Determination Act.......... Education contracts under Johnson-O'Malley Act. School construction contracts or services for tri- bally operated previously private schools........... Uniform administrative requirements for grants.... School construction contracts for public schools.... SUBCHAPTER A-PROCEDURES; PRACTICE PART 1-APPLICABILITY OF RULES 1.4 State and local regulation of the use of AUTHORITY: 5 U.S.C. 301; R.S. 463, 25 § 1.2 Applicability of regulations and re- served authority of the Secretary of the The regulations in Chapter I of Title 25 of the Code of Federal Regulations are of general application. Notwith- standing any limitations contained in the regulations of this Chapter, the Secretary retains the power to waive or make exceptions to his regulations as found in Chapter I of Title 25 of the Code of Federal Regulations in all cases where permitted by law and the Secretary finds that such waiver or ex- Chapters I and II of this title con- tain the bulk of the regulations of the Department of the Interior of general application relating to Indian affairs. Subtitle B, Chapter I, Title 43 of the Code or Federal Regulations contains rules relating to the relationship of In- dians to public lands and townsites. Subtitle A of Title 43 of the Code of Federal Regulations has application to certain aspects of Indian affairs and, among other things, contains proce- dural rules for appellate and other ad- ministrative review and for practice before the Department of the Interior, of which the Bureau of Indian Affairs the Code of Federal Regulations con- § 1.4 State and local regulation of the use (a) Except as provided in paragraph (b) of this section, none of the laws, ordinances, codes, resolutions, rules or other regulations of any State or polit- ical subdivision thereof limiting, zoning or otherwise governing, regu- lating, or controlling the use or devel- opment of any real or personal proper- ty, including water rights, shall be ap- plicable to any such property leased from or held or used under agreement with and belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alien- ation imposed by the United States. (b) The Secretary of the Interior or his authorized representative may in specific cases or in specific geographic areas adopt or make applicable to Indian lands all or any part of such laws, ordinances, codes, resolutions, rules or other regulations referred to in paragraph (a) of this section as he shall determine to be in the best inter- est of the Indian owner or owners in such property. In determining wheth- er, or to what extent, such laws, ordin- ances, codes, resolutions, rules or other regulations shall be adopted or made applicable, the Secretary or his authorized representative may consult with the Indian owner or owners and may consider the use of, and restric- tions or limitations on the use of, other property in the vicinity, and § 2.1 Subpart A-General Definitions. As used in this part: (a) "Person" includes any Indian or non-Indian individual, corporation, tribe, or other organization. (b) "Interested party" means any person whose interests would be adversely affected by proceedings conducted under this part. (c) "Appellant" means any person who files an appeal under this part. (d) "Appeal" means a written request for correction of an action or decision claimed to violate a person's legal rights or privileges. (e) "Complaint" means a written request for correction or reconsideration of an action or decision claimed to be legally or administratively incorrect but not violative of the complainant's own legal rights or privileges. (f) “Right” means a favorable position in a legal relationship, the continued enjoyment of which may not be withdrawn save by a change in fundamental constitutional law. (g) "Privilege" means a favorable position in a legal relationship, the continued enjoyment of which may be withdrawn only upon a change in law, statute or regulations upon which the relationship is based. [25 FR 9106, Sept. 22, 1960, as amended at 40 FR 20625, May 12, 1975] §2.2 Applicability. This part provides appeals procedures for requesting correction of actions or decisions by officials of the Bureau of Indian Affairs where the action or decision is protested as a violation of a right or privilege of the appellant. Such rights or privileges must be based upon fundamental constitutional law, applicable Federal statutes, treaties, or upon Departmental regulations. Such regulations appear in the FEDERAL REGISTER and, where of general application in Indian affairs, in Title 25 of the Code of Federal Regulations. "Appeals" shall be processed in accordance with the regulations in this part. "Complaints," on the other hand, may be either informally or formally made and ordinarily first presented to the office immediately responsible for the action or decision questioned and thereafter if necessary to higher officials. An action or decision which is subject to appeal shall be reduced to writing by the official making the decision either at his own instance or upon request of the petitioner. The appeal procedures in this part do not apply to decisions made under statutes or other regulations which provide specific appeals procedures, nor to "complaints." [25 FR 9106, Sept. 22, 1960] § 2.3 Appeals. (a) Except as otherwise provided by law or regulation, any interested party adversely affected by a decision of an official under the supervision of an Area Director of the Bureau of Indian Affairs not approved by the Secretary before the decision was made shall have a right to appeal. Where adminis trative authority is held under an Area Director, the appeal shall be to him. A further appeal from decisions of the Area Director may then be made to the Commissioner of Indian Affairs. As prescribed in § 2.19(b) of this Part, further appeals from the decisions of the Commissioner of Indian Affairs may then be made to the Board of Indian Appeals. (b) If no appeal is timely filed, the decision shall be final for the Department. The officer to whom the appeal is directed may require an adequate bond to protect the interest of any Indian, Indian tribe, or other party involved during the pendency of the appeal. In order to insure the exhaustion of administrative remedies before resort to court action, no decision which at the time of its rendition is subject to appeal to a superior authority in the Department shall be considered final so as to be agency action subject to judicial review under 5 U.S.C. 704, unless when an appeal is filed, the officer to whom the appeal is made shall rule that the decision appealed from shall be made immediately effective. (c) Appeals to the Board of Indian Appeals shall be made in the manner provided in Department Hearings and Appeals Procedures in 43 CFR Part 4, Subpart D, §§ 4.350-4.369. [40 FR 20626, May 12, 1975] § 2.4 Notice of administrative action. Notice shall be given of any action taken or decision made from which an appeal may be taken under the regulations in this part, to any Indian or Indian tribe whose legal rights or privileges are affected thereby. This notice shall be in writing and shall be given by the official making the decision or taking the action. Failure to give such notice shall not affect the validity of the action or decision, but the right to appeal therefrom shall continue under the regulations in this part for the periods hereinafter set forth. [25 FR 9106, Sept. 22, 1960] Subpart B-Appeals to the Area Director and Commissioner SOURCE: 40 FR 20626, May 12, 1975, unless otherwise noted. § 2.10 Appeal, how taken; mandatory time limit. (a) A notice of appeal shall be in writing and filed in the office of the official who made the decision that the appellant wishes to appeal. The date of receipt shall be noted or stamped on the notice of appeal by the receiving office. The official who made the decision being appealed from, if requested by an Indian or Indian tribe, shall render such assistance as is appropriate in the preparation of any appeal by an Indian or Indian tribe. The appeal shall give an identification of the case, a statement of reasons for the appeal, and any arguments the appellant wishes to make. The notice of appeal must be received in the office of the official who made the decision within 30 days after the date notice of the decision complained of is received by the appellant, together with all supporting documents. The appellant shall file his appeal with the Area Director or the Commissioner within 30 days after filing of the notice of appeal in the office of the official who made the decision being appealed. (b) No extension of time will be granted for filing of the notice of appeal. Notices of appeal which are not timely filed will not be considered, and the case will be closed. § 2.11 Service of appeal documents. (a) On the date of filing of the notice of appeal, the appellant, or the officer with whom the notice of appeal is filed when the appellant is an Indian or Indian tribe not represented by counsel, shall personally serve or mail a copy of the notice of appeal and/or other appeal and any supporting documents upon each interested party known to him as such, in the manner prescribed in paragraph (b) of this section. The proof of such service shall be filed with the Area Director or the Commissioner within 15 days after the date of service unless filed |