Regulations last checked for updates: Aug 01, 2025

Title 43 - Public Lands: Interior last revised: Jul 22, 2025
§ 4.406 - Record on appeal.

(a) Filing the record. The bureau or office must promptly file the record with the Board and concurrently serve a copy of the record on all parties to the appeal no later than 60 days after being served with the notice of appeal unless the bureau or office seeks and the Board grants a different filing deadline.

(b) Contents. All documents and materials that the deciding officer directly or indirectly considered in reaching a final decision must be included in the record.

(c) Format. Unless otherwise ordered by the Board upon motion by the bureau or office, the record must be formatted as follows:

(1) The record must be in digital or electronic form;

(2) The record must include an index of all documents;

(3) The pages of each document must be sequentially numbered; and

(4) If possible, the text of all documents must be electronically searchable.

(d) Completion of record. The bureau or office may file and serve documents inadvertently omitted from the record either by stipulation of the parties or by order of the Board upon motion.

source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
cite as: 43 CFR 4.406