43 CFR 4.906 - What if the Department does not issue a decision by the date my appeal ends?

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§ 4.906 What if the Department does not issue a decision by the date my appeal ends?

(a) If the IBLA or an Assistant Secretary (or the Secretary or the Director of OHA) does not issue a final decision by the date an appeal ends under § 4.904(d), then under 30 U.S.C. 1724(h)(2), the Secretary will be deemed to have decided the appeal:

(1) In favor of the appellant for any nonmonetary obligation at issue in the appeal, or any monetary obligation at issue in the appeal with a principal amount of less than $10,000;

(2) In favor of the Secretary for any monetary obligation at issue in the appeal with a principal amount of $10,000 or more.

(b)

(1) If your appeal ends before the ONRR Director issues a decision in your appeal, then the provisions of paragraph (a) of this section apply to the monetary and nonmonetary obligations in the order that you contested in your appeal to the Director.

(2) If the ONRR Director issues a decision in your appeal before your appeal ends, and if you appealed the Director's decision to IBLA under 43 CFR part 4, subpart E, then the provisions of paragraph (a) of this section apply to the monetary and nonmonetary obligations in the Director's decision that you contested in your appeal to IBLA.

(3) If the ONRR Director issues an order or a decision in your appeal, and if you do not appeal the Director's order or decision to IBLA within the time required under 30 CFR part 1290, then the ONRR Director's order or decision is the final decision of the Department and 30 U.S.C. 1724(h)(2) has no application.

(c) If the IBLA issues a decision before the date your appeal ends, that decision is the final decision of the Department and 30 U.S.C. 1724(h)(2) has no application. A petition for reconsideration does not extend or renew the 33-month period.

(d) If any part of the principal amount of any monetary obligation is not specifically stated in an order or ONRR Director's decision and must be computed to comply with the order or ONRR Director's decision, then the principal amount referred to in paragraph (a) of this section means the principal amount ONRR estimates you would be required to pay as a result of the computation required under the order, plus any amount due stated in the order.

[64 FR 26259, May 13, 1999, as amended at 79 FR 62051, 62052, Oct. 16, 2014]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 25 - INDIANS

§ 9 - Regulations by President

§ 372 - Ascertainment of heirs of deceased allottees; settlement of estates; sale of lands; deposit of Indian moneys

§ 372-1

§ 372-2

§ 372a - Heirs by adoption

§ 373 - Disposal by will of allotments held under trust

§ 373a - Disposition of trust or restricted estate of intestate without heirs; successor tribe; sale of land

§ 373b - Restricted estate or homestead on the public domain

§ 373c - Sections 373a and 373b as inapplicable to certain Indians

§ 374 - Attendance of witnesses

§ 410 - Moneys from lease or sale of trust lands not liable for certain debts

§ 607 - Divestment of inheritance of non-members

§ 2201 - Definitions

§ 2202 - Other applicable provisions

§ 2203 - Adoption of land consolidation plan with approval of Secretary

§ 2204 - Purchase of trust or restricted or controlled lands at no less than fair market value; requisite conditions

§ 2205 - Tribal probate codes; acquisitions of fractional interests by tribes

§ 2206 - Descent and distribution

§ 2207 - Full faith and credit to tribal actions under tribal ordinances limiting descent and distribution of trust or restricted or controlled lands

§ 2208 - Conveyancing authority upon sale or exchange of tribal lands; removal of trust status of individually owned lands

§ 2209 - Trusteeship title of United States for any Indian or Indian tribe

§ 2210 - Tax exemption

§ 2211 - Governing body of tribe; construction of chapter as not vesting with authority not authorized by tribal constitution or by-laws

§ 2212 - Fractional interest acquisition program

§ 2213 - Administration of acquired fractional interests; disposition of proceeds

§ 2214 - Establishing fair market value

§ 2215 - Acquisition Fund

§ 2216 - Trust and restricted land transactions

§ 2217 - Reports to Congress

§ 2218 - Approval of leases, rights-of-way, and sales of natural resources

§ 2219 - Application to Alaska

§ 2220 - Owner-managed interests

§ 2221 - Annual notice and filing; current whereabouts of interest owners

U.S. Code: Title 43 - PUBLIC LANDS
Statutes at Large
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