43 C.F.R. § 4.401

Definitions

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In addition to the definitions in subpart A of this part, the following definitions apply to this subpart:

Administrative law judge (ALJ) means an administrative law judge appointed to the Departmental Cases Hearings Division.

Adversely affected means that a person or entity has a legally cognizable interest, and the decision on appeal has caused or is substantially likely to cause injury to that interest. A legally cognizable interest may include, but is not limited to, a property or economic interest in the affected lands or resources, or a cultural, recreational, or aesthetic interest in the affected lands or resources.

Appealable decision is a final bureau or office decision as described at § 4.1(b)(4) of this part that authorizes, denies, prohibits, or requires some action that adversely affects a person or entity having or seeking some right, title, or interest in lands or resources.

Appellant means a person or entity appealing a decision to the Board.

Board means the Interior Board of Land Appeals in OHA.

Office or officer includes an administrative law judge or the Board where the context so requires.

Party to the case is a person or entity that has taken action that is the subject of the decision on appeal or is the object of that decision, or has otherwise participated in the process leading to the decision under appeal, e.g., by filing a mining claim or application for use of public lands, by commenting on an environmental document, or by filing a protest to a proposed action.

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Bayshore Resources Co. v. United States, 2 Cl. Ct. 625 (Ct. Cl. 1983).

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Bayshore Resources Co. v. United States, 2 Cl. Ct. 625 (Ct. Cl. 1983). “See 43 C.F.R. 4.401 (1975). There is no evidence in the materials before the court that plaintiffs made any effort to reinstate their appeal and, thus, attempt to pursue their administrative remedies or seek, if necessary, *631 appropriate judicial review of the matter.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.