Frequently Asked Questions about Regulatory Revisions to 43 C.F.R. Part 4, Subpart D (2025)

What is 43 C.F.R. Part 4, Subpart D?

Subpart D contains procedural rules that govern proceedings before the Interior Board of Indian Appeals (IBIA or Board). These FAQs focus on amendments to Subpart D that became effective on July 21, 2025. You can find additional FAQs about practice before the Board at: https://www.doi.gov/oha/organization/ibia/faqs.

 How was Subpart D revised in 2025?

Subpart D was revised to (1) modernize and clarify the procedures for filing and serving documents with the Board, especially to allow “electronic filing,” (2) allow the Board to affirm a decision appealed to it “without opinion” for efficiency, and (3) allow appellants to go to Federal court without a decision by the Board under certain circumstances.

How were the filing and service rules revised?

The rules were revised to allow appeals and other documents to be filed electronically (eFiled) with the Board and served on interested parties using the Board’s eFiling system, Bison File & Serve (BFS). eFiling with the Board is governed by the terms set out the OHA Standing Order on Electronic Transmission (Standing Order) at: https://www.doi.gov/oha/oha-standing-orders. That Standing Order includes both general rules that apply to all OHA units and specific provisions that apply only to the IBIA. You can find BFS at: https://www.doi.gov/oha/bfs.

The revised rules and the Standing Order require certain parties to use BFS; other parties have the option to use BFS. Specifically, the following parties must use BFS to file and serve documents with the Board (unless the Standing Order specifies otherwise or the Board has given them permission not to eFile): (1) any Federal, State, or local agency, and (2) any attorney representing a person or entity. See 43 C.F.R. 4.310(b)(1). Other parties may eFile or may file non-electronically (that is, by mail, commercial courier, or hand delivery). The rules in Subpart D were also revised to clarify the procedures for non-electronic filing and service.

 When may the Board affirm without opinion?

The revised Subpart D rules now allow the Board to affirm the decision under review without a written opinion if the Board concludes that (1) the decision reached the correct result, (2) any errors in the decision are harmless, and (3) the issues on appeal are either controlled by existing precedent or the issues do not warrant the issuance of a written opinion. Please see 43 C.F.R. 4.312(b) for full details. This new rule will improve our efficiency by allowing us to affirm a decision that meets these criteria without writing an opinion. The Board will not give less consideration to the case itself. An order affirming without opinion will state, without further explanation or reasoning, that the result of the decision or order under review is affirmed without opinion. The reasoning in the decision under review will be subject to Federal court review.

When may appellants go to Federal court without a decision by the Board?

Under the revised rules, appellants may now take their case directly to Federal court if the Board has not decided the matter within 36 months, but only under certain circumstances.  Specifically, the Board will dismiss an appeal without opinion, thus making the decision below final for the Department and allowing the parties to proceed to Federal court, if (1) the Board has not issued a final decision within 36 months from its receipt of the last notice of appeal in the matter, (2) the appealed-from decision is not in effect, and (3) all appellants request dismissal without opinion by the Board.  Please see 43 C.F.R. 4.312(d) for full details.
Please note that, if the appealed-from decision is in effect, then the appellants already have the choice of continuing with the appeal before the Board or proceeding directly to Federal court.  See 43 C.F.R. 4.21.  In those cases, 43 C.F.R. 4.312(d) does not apply.

 

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