§ 151.13 How will the Secretary act on requests? ( 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 Office of 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 Office of the Secretary or Assistant Secretary denies the request, the Assistant Secretary shall promptly provide the applicant with the decision.
( 2 ) If the Office of the Secretary or Assistant Secretary approves the request, the Assistant Secretary shall: ( i ) Promptly provide the applicant with the decision;
( ii ) Promptly publish notice in the Federal Register of the decision to acquire land in trust status under this part; and
( iii ) Immediately acquire the land in trust status under § 151.16 after the date such decision is issued and upon fulfillment of the requirements of any other Department of the Interior requirements.
( d ) A decision made by a Bureau of Indian Affairs official, rather than the Office of the Secretary or Assistant Secretary, pursuant to delegated authority, is not a final agency action of the Department of the Interior under 5 U.S.C. 704 until administrative remedies are exhausted under part 2 of this chapter and under 43 CFR part 4, subpart D, or until the time for filing a notice of appeal has expired and no administrative appeal has been filed. Administrative appeals are governed by part 2 of this chapter and by 43 CFR part 4, subpart D. ( 1 ) If the official denies the request, the official shall promptly provide the applicant with the decision and notification of the 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, by U.S. mail or personal delivery, of the decision and the right, if any, to file an administrative appeal of such decision under part 2 of this chapter and 43 CFR part 4, subpart D 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 status under § 151.16 upon expiration of the time for filing a notice of appeal or upon exhaustion of administrative remedies under part 2 of this chapter and under 43 CFR part 4, subpart D, and upon the fulfillment of any other Department of the Interior requirements.
( 3 ) The administrative appeal period 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; or
( ii ) The date of first publication of the notice for unknown interested parties under paragraph (d)(2)(iii) of this section, which shall be deemed the date of receipt of the decision.
( 4 ) Any party who wishes to seek judicial review of an official's decision must first exhaust administrative remedies under 25 CFR part 2 and under 43 CFR part 4, subpart D.