DINTBIAA0001 - Case Type 20

CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Appeals Other Than Emergency Reassumption and Suspension, Withholding or Delay in Payment (Departmental hearing) (a) A decision to decline to award a self-determination contract, or a portion thereof, under section 102 of the Act; (b) A decision to decline to award a construction contract, or a portion thereof, under sections 105(m) and 102 of the Act; (c) A decision to decline a proposed amendment to a self-determination contract, or a portion thereof, under section 102 of the Act; (d) A decision not to approve a proposal, in whole or in part, to redesign a program; (e) A decision to rescind and reassume a self-determination contract, in whole or in part, under section 109 of the Act except for emergency reassumptions; (f) A decision to refuse to waive a regulation under section 107(e) of the Act; (g) A disagreement between an Indian tribe or tribal organization and the Federal government over proposed reporting requirements; (h) A decision to refuse to allow an Indian tribe or tribal organization to convert a contract to mature status, under section 4(h) of the Act; (i) All other appealable pre-award decisions by a Federal official as specified in these regulations, whether an official of the Department of the Interior or the Department of Health and Human Services; or (j) A decision relating to a request for a determination that a law or regulation has been superseded by the Act. Appeals of Emergency Reassumption of Self-Determination Contracts or Suspensions, Withholding or Delay of Payments Under a Self-Determination Contract (Special procedures) Decisions relating to the award of discretionary grants under section 103 of the Act, which may be appealed under 25 CFR 2 for the Department of the Interior, and under 45 CFR 5 for the Department of Health and Human Services.