2003- McKenzie, Clifford v. Senior Awarding Official, Southern Plains Regional Office, Bureau of Indian Affairs

Appellant Clifford McKenzie, Chairman, Kiowa Tribe of Oklahoma (Tribe) appealed a March 18, 2003, Notice of Reassumption of certain programs contracted to the Tribe under the Indian Self-Determination and Education Assistance Act. The notice was issued by the Senior Awarding Official, Southern Plains Regional Office, Bureau of Indian Affairs (Regional Office; BIA). On October 28, 2003, the Board of Indian Appeals (Board) dismissed the appeal as having been withdrawn by the Tribe.  On October 31, 2003, the Board received a letter from Appellant contending otherwise, which the Board treated as a request for reconsideration. For the reasons discussed below, the Board grants the request for reconsideration; vacates the October 28, 2003, decision; but dismisses the appeal for lack of jurisdiction.