---
kind: "section"
citation: "43 C.F.R. § 4.175"
title: "43"
number: "4.175"
heading: "Appeal and review."
url: "https://uscodex.org/cfr/43/4.175"
---

# §4.175. Appeal and review.

- (a) **Appeal to the Interior Board of Land Appeals—**
  - (1) **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](/cfr/43/4.403.md). Unless the IBLA orders otherwise, an appeal of the stay petition order under this section:
    - (i) Will not suspend the effectiveness of the ALJ's stay petition order; and
    - (ii) **Will not suspend further proceedings before the ALJ.**
  - (2) **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](/cfr/43/4.403.md).
- (b) **Judicial Review.** A BLM grazing decision may only be challenged in Federal court under [5 U.S.C. 704](/usc/5/704.md) if administrative remedies have been exhausted and the decision has become final and effective in accordance with [§ 4.174(b)](/cfr/43/4.174.md?p=b).

## Notes

### 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]