43 C.F.R. § 4.403

How to appeal

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(a) What to file with the notice of appeal. A person or entity that wishes to appeal to the Board must file a notice that the person or entity wishes to appeal. When a person or entity files a notice of appeal, they must also file the following documents:

(1) A copy of the decision being appealed;

(2) A statement of facts showing that the person or entity seeking to appeal is a party to the case who is adversely affected by the decision and thereby meets the standing requirements set forth at § 4.402; and

(3) A statement and any corroborating documentation providing the date when the person or entity filing the appeal received notice of the decision to show that the appeal has been timely filed in accordance with paragraph (c) of this section.

(b) Where to file and serve the notice of appeal. Except as otherwise provided by statute or regulation:

(1) The notice of appeal must be filed with the Board as specified in § 4.407(a); and

(2) The notice of appeal must be concurrently served as specified at § 4.407(b).

(c) When to file and serve the notice of appeal—(1) Except as otherwise provided by statute or regulation, a person or entity must file the notice of appeal no later than 30 days after the date of receiving notice of the decision.

(2) Notwithstanding the provisions of other regulations, a person or entity receives notice of a decision at the earliest of the following dates:

(i) The date of delivery by mail or delivery service as indicated on a U.S. Postal Service or delivery service tracking report or, if no tracking report exists, then, absent contrary evidence, 7 days after the date of the postmark on the envelope containing the decision as long as the envelope was properly addressed and had proper postage prepaid;

(ii) The date the bureau or office electronically transmits the decision, or a notice that the decision is available on a public website, to the person or entity at an electronic address provided by the person or entity, and the bureau or office does not receive electronic notification that the transmission was unsuccessful;

(iii) The date the bureau or office notifies the public in an online news release that the decision is available on a public website;

(iv) The date of the decision's publication in the Federal Register; or

(v) If none of these dates apply, the date the person or entity receives actual notice of the decision.

(3) Filing is accomplished as provided at § 4.407.

(4) No extension of time will be granted for filing the notice of appeal. If a notice of appeal is filed with the Board after the last day for filing a timely notice of appeal, then the notice of appeal will not be considered, and the Board will dismiss the appeal for lack of jurisdiction.

[90 FR 2413, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

Notes of Decisions

Cited in 22 cases, 1989–2015 · leading case: Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010).

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Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010). · cites it 4× “" 43 C.F.R. § 4.403 . [2] In the case before us, the Record of Decision never became effective, and cannot serve as the agency's final action.”

Oregon Nat. Desert Ass'n v. McDaniel, 751 F. Supp. 2d 1145 (D. Or. 2010). · cites it 10× “Second, 43 C.F.R. § 4.403 identifies the final agency action when an IBLA decision has already been issued.”

Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 586 F.3d 735 (9th Cir. 2009). · cites it 4× “" 43 C.F.R. § 4.403 . [2] In the case before us, the Record of Decision never became effective, and cannot serve as the agency's final action.”

Impact Energy Resources, LLC v. Salazar, 693 F.3d 1239 (10th Cir. 2012). “See 43 C.F.R. § 4.403 . In this case, however, the Secretary exercised his prerogative to step into an ongoing agency proceeding.”

Hoyl v. Babbitt, 129 F.3d 1377 (10th Cir. 1997). “43 C.F.R. § 4.403 . Our review of the IBLA’s decision is de novo, in that, we accord no deference to the district court’s decision.”

New West Materials LLC v. Interior Bd. of Land Appeals, 398 F. Supp. 2d 438 (E.D. Va. 2005). · cites it 2× “On January 28, 2005 New West filed a motion for reconsideration pursuant to 43 C.F.R. § 4.403 , arguing that because this was an issue of first impression, and given the decision’s significant impact on public land law more generally, “extraordinary circumstances” existed…”

Freeman v. United States Dep't of the Interior, 37 F. Supp. 3d 313 (D.D.C. 2014). “Decisions of the IBLA constitute final agency action, 43 C.F.R. § 4.403 , and, therefore, no further administrative appeal is authorized within DOI, 43 C.”

Cloud Found., Inc. v. Salazar, 999 F. Supp. 2d 117 (D.D.C. 2013). “43 C.F.R. § 4.403 . 41 . Nat'I Parks & Conservation Ass’n v.”

Silver Eagle Mining Co v. State of Idaho, 280 P.3d 679 (Idaho 2012). “” 43 C.F.R. § 4.403 (a). Silver Eagle was entitled to judicial review of the IBLA decision.”

Potash Ass'n of New Mexi v. United States Dep't of th, 367 F. App'x 960 (10th Cir. 2010). “” It correctly notes that 43 C.F.R. § 4.403 provides: “A decision of the [IBLA] shall constitute final agency action and be effective upon the date of issuance, unless the decision itself provides otherwise.”

Jicarilla Apache Nation v. United States Dep't of the Interior, 648 F. Supp. 2d 140 (D.D.C. 2009). “” 43 C.F.R. § 4.403 . The IBLA decision at issue here states that “the case is remanded to the Hearings Division,” but it does not explicitly address whether the decision is final.”

Shell Offshore, Inc. v. Dep't of the Interior, 997 F. Supp. 23 (D.D.C. 1998). “See 43 C.F.R. §§ 4.403 , 4.21(c). Also, an MMS Director’s decision may be reviewed and affirmed, reversed or modified by an Assistant Secretary; those decisions are not reviewable in the IBLA and are final agency action subject to judicial review.”

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