Procedural Handbook - Leasing And Permitting Chapter 1 - General Information - Department Of The Interior Bureau Of Indian Affairs - 2006 Page 13
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13Leasing and Permitting Chapter 1 – General Information
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the regulations. On the other hand, tribes can develop their own trespass regulations under a
tribal ordinance and enforce them on tribal lands. At the tribe’s request, BIA will assist in
enforcing tribal laws pertaining to Indian lands and may defer to tribal prosecution of Indian land
trespass cases. Additional trespass guidance and policies can be reviewed in the
Agricultural/Range Handbook
.
3.6
Administrative Appeals
A lessee or permittee has the right to appeal all administrative decisions under 25 CFR Part 2 or
43 CFR 4.332(b). If an appeal if filed, there is a stay on all actions, unless the deciding official
makes his/her decision effective immediately. There must be no further action taken on the lease
until all administrative remedies have been exhausted and a final decision regarding the appeal
has been rendered.
The Regional Director and the Interior Board of Indian Appeals (IBIA) must have an
administrative record in order to decide an appeal. An administrative record must be assembled
and submitted to the IBIA within 20 days after receipt of a notice of appeal. The administrative
record generally consists of all the documents and records that were considered by the deciding
official before he/she made the decision that is being appealed. The detailed requirements for
standard appeal language and the administrative record for appeals before the IBIA can be
reviewed in BIA Administrative Appeals and Decision Writing, Interior Board of Indian Appeals,
February 1989. These requirements, while specifically addressed to appeals before IBIA, should
also serve as guidelines for preparing administrative records for appeals within BIA.
Issued: March 6, 2006
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