GroundRules
43 CFR 4.175: Appeal and review.
Where this section sits in the code
- Title 43—Public Lands: Interior
- Subtitle A—Office of the Secretary of the Interior
- PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES
- Subpart C—Rules Applicable to Proceedings Before the Departmental Cases Hearings Division
(a) Appeal to the Interior Board of Land Appeals—(1) Appeal of stay petition order. Although not required for the exhaustion of administrative remedies, any person or entity adversely affected by the ALJ's order granting or denying a petition for a stay may file an appeal with the IBLA in accordance with § 4.403. Unless the IBLA orders otherwise, an appeal of the stay petition order under this section:
(i) Will not suspend the effectiveness of the ALJ's stay petition order; and
(ii) Will not suspend further proceedings before the ALJ.
(2) Appeal of decision or order on the merits. Any person or entity adversely affected by the ALJ's decision or order on the merits may file an appeal with the IBLA in accordance with § 4.403.
(b) Judicial Review. A BLM grazing decision may only be challenged in Federal court under 5 U.S.C. 704 if administrative remedies have been exhausted and the decision has become final and effective in accordance with § 4.174(b).
Collected 2026-08-27T02:26:15Z. Source file · JSON