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What Can I Expect in the Decision?





In What Order Does the Board Decide Cases?

In order to be fair to all parties in all cases, the Board normally considers appeals in the order in which they are received.

As discussed above, however, the Board will address cases when they are initially received if it appears that they should be dealt with quickly.

The Board also attempts to deal with petitions for reconsideration from final Board decisions as quickly as possible. See e.g., Kiowa, Comanche and Apache Intertribal Land Use Committee v. Acting Director, Office of Economic Development, 34 IBIA 2 (1999).


What If I Need a Decision in a Hurry?

The Board will consider motions for expedited consideration, but rarely grants them because it means that older cases will be delayed even longer. The Board has granted expedited consideration for reasons ranging from the fact that the case raises a question as to the proper interpretation of a new statute (see, e.g., Quinault Indian Nation v. Portland Area Director, 33 IBIA 6 (1998)), to the desire to deal at once with numerous related appeals filed by the same individual (see Hayes v. Anadarko Area Director, 25 IBIA 50 (1993)).


What Does the Board Consider in Reaching Its Decision?

In reaching its decision, the Board considers the arguments raised by the parties. However, the Board is not completely limited to those issues and may exercise the inherent authority of the Secretary to correct a manifest error or injustice which is apparent in the appeal, even if the matter is not raised by the parties. See 43 C.F.R. 4.318; Lunday v. Aberdeen Area Director, 34 IBIA 138 (1999).


How Will I Find Out about the Board's Decision?

All Board decisions are issued in writing. Copies of the decision are sent to all interested parties. See 43 C.F.R. 4.312. The Board does not normally fax copies of its decisions to the parties.



What Is the Effect of a Board Decision?

The Board's decisions are final for the Department and effective immediately. See 43 C.F.R. 4.312 and 4.314(b).


Links to Additional Frequently Asked Questions