§ 2.102. What may I appeal under this part?
309 words·~1 min read·
/us/cfr/t25/s§ 2.102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Subject to the exceptions in this part and other applicable law or regulation, you may appeal:
(1)Any discrete, written decision made by a decision-maker that adversely affects you, including a determination by the decision-maker that she or he lacks either the duty or authority to take the action that you have requested; and
(2)Inaction by Indian Affairs officials by following the procedures in subpart F of this part.
(b)You may not appeal in the following circumstances.
(1)You may not separately appeal the issuance of component documents of the administrative record, including, but not limited to, appraisals or market studies, reports, studies, investigations, notices of impoundment or public sale, recommendations, or National Environmental Policy Act documents. The adequacy of these types of documents cannot be challenged unless and until an appealable decision is made in reliance upon these documents.
(2)You may not appeal an agency's notification to you that it is pursuing or is considering pursuing action against you in Federal district court, unless separate regulations in this title require you to follow administrative appeal procedures in accordance with this part or other regulations such as those listed in § 2.103 to appeal the notification. Such notifications include, but are not limited to, notices that could lead the agency to pursue actions for money damages against you, such as actions for trespass, ejectment, eviction, nuisance, conversion, or waste to Indian land under the Federal common law or statute.
(3)You may not appeal final agency actions (though you may be able to seek review in Federal district court).
(c)Any challenge to preliminary, procedural, or intermediate actions by a reviewing official must be submitted to the reviewing official prior to that official's issuing the decision. The reviewing official will address such challenges in the final decision. Such a challenge is not a separate appeal.