§4.175. Appeal and review.
43 C.F.R. § 4.175
Appeal to the Interior Board of Land Appeals—
Appeal of stay petition order. Although not required for the exhaustion of administrative remedies, any person or entity adversely affected by the ALJ's order granting or denying a petition for a stay may file an appeal with the IBLA in accordance with § 4.403. Unless the IBLA orders otherwise, an appeal of the stay petition order under this section:
Will not suspend the effectiveness of the ALJ's stay petition order; and
Will not suspend further proceedings before the ALJ.
Appeal of decision or order on the merits. Any person or entity adversely affected by the ALJ's decision or order on the merits may file an appeal with the IBLA in accordance with § 4.403.
Judicial Review. A BLM grazing decision may only be challenged in Federal court under 5 U.S.C. 704 if administrative remedies have been exhausted and the decision has become final and effective in accordance with § 4.174(b).
Notes, amendments, and revision history
Amendments
[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]
Source
Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.
Source
Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
Amendments
[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]