What does 49 CFR 397.77 (Judicial review of dispute decision) require?

Short answer

49 CFR 397.77 requires a State or Indian tribe to file a petition with the appropriate district court of the United States within 90 days after the Administrator's decision under 397.75 becomes final to seek judicial review of a dispute decision.

The rule says

"Any State or Indian tribe adversely affected by the Administrator's decision under 397.75 of this subpart may seek review by the appropriate district court of the United States under such proceeding only by filing a petition with such court within 90 days after such decision becomes final." (49 CFR 397.77)

In plain English

When a State or Indian tribe disagrees with the Administrator's decision on a dispute related to a proposed NRHM routing designation, they can appeal to a district court, but they must do so within 90 days of the decision becoming final. In practice, this means that the State or Indian tribe must carefully review the decision and prepare their appeal quickly, as the 90-day window is relatively short.

What to do

• Review the Administrator's decision under 397.75 to determine if it is adverse to the State or Indian tribe's interests.
• Prepare a petition for judicial review, including all relevant information and arguments.
• File the petition with the appropriate district court of the United States within 90 days after the decision becomes final.
• Ensure that all necessary documentation and evidence are included with the petition to support the appeal.