What If I Want To Act on the Decision During the Appeal?

You must file a motion with the Board to have a decision placed into effect while an appeal is pending.

43 C.F.R. 4.314(a) provides that ALJ and BIA decisions are not final "unless * * * made effective pending a decision on appeal by order of the Board."

In probate cases, the Board may place part of the decision into effect if that part is not being disputed. For example, the Board might authorize the payment of a creditor's claim in order to stop the accumulation of interest.

In deciding whether to place a BIA official's decision into immediate effect, the Board utilizes the standards set out in 25 C.F.R. 2.6(a); that is, whether "public safety, protection of trust resources, or other public exigency requires that the decision be made effective immediately." If the Board places a BIA official's decision into immediate effect, it will inform the appellant that she/he/it has the choice of continuing with the appeal before the Board or of proceeding directly to Federal court.


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