C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart D—Rules Applicable to Appeals Before the Interior Board of Indian Appeals

43 C.F.R. § 4.318

Scope of review

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An appeal will be limited to those issues that were before the administrative law judge or Indian probate judge upon the petition for rehearing or reopening, or regarding added or omitted property or purchase of interests in an estate, or before the BIA official on review. However, except as specifically limited in this part or in title 25 of the Code of Federal Regulations, the Board will not be limited in its scope of review and may exercise the inherent authority of the Secretary to correct a manifest injustice or error where appropriate.

[70 FR 11825, Mar. 9, 2005, as amended at 90 FR 2412, Jan. 10, 2025]
Notes of Decisions
Cited in 2 cases, 2019–2020 · leading case: W. Refining Sw., Inc. v. United States Dep't of the Interior (D.N.M. 2020).
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W. Refining Sw., Inc. v. United States Dep't of the Interior (D.N.M. 2020). · cites it 2× “The IBIA also said that it had “authority to address the issue to correct manifest error,” citing 43 C.F.R. § 4.318 . AR 0586. That regulation provides: An appeal will be limited to those issues that were before the administrative law judge or Indian probate judge upon the…”
Temple v. Lawrence Roberts (D.S.D. 2019). “See 43 C.F.R. § 4.318 (limiting the IBIA’s review “to those issues that were .”
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