---
kind: "section"
citation: "43 C.F.R. § 4.402"
title: "43"
number: "4.402"
heading: "Who may appeal; decisions not subject to appeal."
url: "https://uscodex.org/cfr/43/4.402"
---

# §4.402. Who may appeal; decisions not subject to appeal.

- (a) **Standing.** Any person or entity that is a party to the case and is adversely affected by an appealable decision of a bureau or office or an ALJ has the right to appeal to the Board, except as provided in [paragraph (b)](#b) of this section.
- (b) **Decisions not subject to appeal.** An appeal cannot be filed:
  - (1) Where a statute or regulation provides a different review process or makes a decision final for the Department; or
  - (2) Where a decision has been made or approved by the Secretary, Deputy Secretary, or an Assistant Secretary unless otherwise provided by statute or regulation.
- (c) **Land selections under the Alaska Native Claims Settlement Act.** For appealable decisions rendered by Departmental officials relating to land selections under the Alaska Native Claims Settlement Act, as amended, any party who claims a property interest in land affected by the decision, an agency of the Federal Government or an appropriate regional corporation has a right to appeal to the Board.

## Notes

### Source

Source: 90 FR 2413, 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.