25 C.F.R. § 2.600

May I compel an agency official to take action?

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(a) Yes. If a decision-maker fails to take action on a written request for action that you believe the decision-maker is required to take, you may make the decision-maker's inaction the subject of appeal.

(b) Before filing an appeal with the next official in the decision-maker's chain of command, you must:

(1) Send a written request to the decision-maker, asking that he or she take the action originally asked of him or her;

(2) Identify the statute, regulation, or other source of law that you believe requires the decision-maker to take the action being requested;

(3) Describe the interest adversely affected by the decision-maker's inaction, including a description of the loss, impairment or impediment of such interest caused by the inaction; and

(4) State that, unless the decision-maker either takes action on the written request within 15 days of receipt of your request, or establishes a date by which a decision will be made, you will appeal the decision-maker's inaction in accordance with this subpart.

(c) You must include a copy of your original request to the decision-maker, or other documentation establishing the date and nature of the original request.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Kanam v. Burgum (Fed. Cir. 2025).
Kanam v. Burgum (Fed. Cir. 2025). · cites it 2× “Kanam as- serts he “is not appealing” from the district court but in- stead seeks review over “inaction on an administrative petition per 25 CFR 2.600.” ECF No. 8 at 1. Our jurisdiction over appeals from district court cases is generally limited to cases involving the patent…”
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