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. § 4.332

Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond

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(a) A notice of appeal must be in writing, signed by the appellant or by his attorney of record or other qualified representative as provided by 43 CFR 1.3, and filed with the Board of Indian Appeals by electronic transmission, mail, commercial courier, or hand delivery, in accordance with § 4.310(b). The notice of appeal must be filed within 30 days after receipt by the appellant of the decision from which the appeal is taken. A copy of the notice of appeal must simultaneously be sent to the Assistant Secretary—Indian Affairs and the Associate Solicitor, Division of Indian Affairs. As required by § 4.333, the notice of appeal sent to the Board must certify that a copy has been sent to the Assistant Secretary—Indian Affairs and to the Associate Solicitor, Division of Indian Affairs. A notice of appeal not timely filed will be dismissed for lack of jurisdiction. A notice of appeal must include:

(1) A full identification of the case;

(2) A statement of the reasons for the appeal and of the relief sought; and

(3) The names and addresses of all additional interested parties, Indian tribes, tribal corporations, or groups having rights or privileges which may be affected by a change in the decision, whether or not they participated as interested parties in the earlier proceedings.

(b) In accordance with 25 CFR 2.508, within 40 days from the Board's receipt of a notice of appeal, the Assistant Secretary—Indian Affairs may decide to review the appeal. If within that time the Board receives proper notice from the Assistant Secretary—Indian Affairs that a decision has been made to review the appeal, any documents concerning the case filed with the Board will be transmitted to the Assistant Secretary—Indian Affairs.

(c) When the appellant is an Indian or Indian tribe not represented by counsel, the official who issued the decision appealed shall, upon request of the appellant, render such assistance as is appropriate in the preparation of the appeal.

(d) At any time during the pendency of an appeal, an appropriate bond may be required to protect the interest of any Indian, Indian tribe, or other parties involved.

[54 FR 6487, Feb. 10, 1989, as amended at 67 FR 4368, Jan. 30, 2002; 90 FR 2413, Jan. 10, 2025]
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1988–2025 · leading case: White Mountain Apache Tribe v. Donald P. Hodel, 840 F.2d 675 (9th Cir. 1988).
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White Mountain Apache Tribe v. Donald P. Hodel, 840 F.2d 675 (9th Cir. 1988). “10 ; 43 C.F.R. § 4.332 . The Tribe has admittedly not pursued any appeals of the management decisions which it seeks to challenge in district court.”
Gasplus, L.L.C. v. United States Dep't of Interior, 593 F. Supp. 2d 80 (D.D.C. 2009). “See 43 C.F.R. § 4.332 (b); 25 C.F.R. § 2.20 (c).”
Stock West Corp. v. Lujan, 982 F.2d 1389 (9th Cir. 1993). · cites it 2× “4 (e); 43 C.F.R. § 4.332 (setting 30 day period within which to appeal).”
GasPlus, L.L.C. v. United States Dep't of the Interior, 510 F. Supp. 2d 18 (D.D.C. 2007). “20 (c)(1) and 43 C.F.R. § 4.332 (b). See A.R. 379. After briefing by GasPlus, the Regional Director’s Office, the NPDC, and the Nambe Pueblo, Ms.”
Cermak v. United States Ex Rel. Dep't of Interior, 478 F.3d 953 (8th Cir. 2007). “The IBIA dismissed the appeal on the grounds that (i) Stanley Cermak was not named in the notice of appeal and was therefore not a party to the appeal, see 43 C.F.R. § 4.332 (a), (ii) Raymond lacked standing because he presented no evidence he was an heir of Edward or “would…”
Stock West Corp. v. Lujan, 982 F.2d 1389 (9th Cir. 1993). “Under 43 CFR 4.332(a), the Board lacks jurisdiction over an untimely appeal.”
United States v. Town of Lac Du Flambeau (W.D. Wis. 2025). “20 (c), and 43 C.F.R. § 4.332 (b) to assume jurisdiction over both the Town’s and Homeowners’ appeals.”
Anderson, Gordon v. Newland, Bryan (W.D. Wis. 2025). “20 (c), and 43 C.F.R. § 4.332 (b) to assume jurisdiction over both the Town’s and Homeowners’ appeals.”
Gasplus v. United States Dep't of the Interior (D.D.C. 2009). “See 43 C.F.R. § 4.332 (b); 25 C.F.R. § 2.20 (c).”
— 43 C.F.R. § 4.332(a) — 2 cases
Stock West Corp. v. Lujan, 982 F.2d 1389 (9th Cir. 1993). “4 (e); 43 C.F.R. § 4.332 (setting 30 day period within which to appeal).”
Stock West Corp. v. Lujan, 982 F.2d 1389 (9th Cir. 1993). “Under 43 CFR 4.332(a), the Board lacks jurisdiction over an untimely appeal.”
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