What Decisions Can Be Appealed to the Board?
The Board was created by the Secretary of the Interior through delegations of authority published in Title 43 of the Code of Federal Regulations (43 CFR). The Board's primary jurisdiction is set out in 43 CFR 4.1(b)(2). In general, the Board has authority to review decisions in the following areas:
- Indian probate decisions issued by the Department's Indian Probate Judges, and Administrative Law Judges - 43 CFR 4.320;
- Osage will decisions issued by the Bureau of Indian Affairs - 25 CFR Part 17;
- Administrative decisions issued by the Bureau of Indian Affairs - 43 CFR 4.330; and
- ISDA decisions arising before a contract or annual funding agreement has been signed, and decisions to reassume a contracted program.
In addition to this standing authority, the Secretary of the Interior, the Assistant Secretary - Indian Affairs, and the Director of the Office of Hearings and Appeals can refer any other matter relating to Indians to the Board.
A broader and more detailed discussion of the Board's jurisdiction can be found in the separate discussion on this website of IBIA Jurisdiction.
- How Do I Appeal a Decision to the Board?
- Is the Decision Issued by an Administrative Law Judge or the Bureau of Indian Affairs in Effect During the Appeal?
- What If I Want To Act on the Decision During the Appeal?
- Can I Try To Settle My Appeal after Filing It or Use Some Form of Alternative Dispute Resolution?
- Can I Talk Directly with the Board Judge To Explain My Appeal?
- What Happens During an Appeal?
- What Can I Expect in the Decision?
- What Can Happen after a Decision Is Issued?