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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.


Links to Additional Frequently Asked Questions