43 C.F.R. § 4.402

Who may appeal; decisions not subject to appeal

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(a) Standing. Any person or entity that is a party to the case and is adversely affected by an appealable decision of a bureau or office or an ALJ has the right to appeal to the Board, except as provided in paragraph (b) of this section.

(b) Decisions not subject to appeal. An appeal cannot be filed:

(1) Where a statute or regulation provides a different review process or makes a decision final for the Department; or

(2) Where a decision has been made or approved by the Secretary, Deputy Secretary, or an Assistant Secretary unless otherwise provided by statute or regulation.

(c) Land selections under the Alaska Native Claims Settlement Act. For appealable decisions rendered by Departmental officials relating to land selections under the Alaska Native Claims Settlement Act, as amended, any party who claims a property interest in land affected by the decision, an agency of the Federal Government or an appropriate regional corporation has a right to appeal to the Board.

Notes of Decisions

Cited in 2 cases, 1981–1983 · 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. 4.402 (1975). The contestees-appellants also failed to provide any explanation for their failure to file a statement of reasons as required by 43 C.”

Geosearch, Inc. v. Andrus, 508 F. Supp. 839 (D. Wyo. 1981). “43 C.F.R. § 4.402 . Predictability and certainty of title are mandatory to the entire oil and gas leasing system.”

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.