Regulations last checked for updates: Aug 01, 2025

Title 43 - Public Lands: Interior last revised: Jul 22, 2025
§ 4.772 - What must be included in a petition for reopening?

(a) A petition for reopening must:

(1) State specifically and concisely the grounds on which the petition is based and the relief requested; and

(2) Append all relevant documentary evidence, including any sworn affidavits, supporting the allegations and relief requested in the petition.

(b) A petition filed by a party in interest must also:

(1) State in the petition the date the petitioner discovered the alleged error; and

(2) Append all relevant documentary evidence, including any sworn affidavits, concerning when and how the petitioner discovered the alleged error.

(c) A petition filed more than 3 years after the date of issuance of the final decision must also show that the need to correct the error outweighs the interests of the public and heirs in the finality of the final decision, which may be shown by addressing the following factors in the petition, as applicable:

(1) The nature of the error;

(2) The passage of time;

(3) Whether the petitioner exercised due diligence in pursuing their rights;

(4) Whether the petitioner's ancestor exercised due diligence in pursuing their rights and whether a failure to exercise should be imputed to the petitioner;

(5) The availability of witnesses and documents;

(6) The general interest in administrative finality;

(7) The number of other estates that would be affected by the reopening, if known; and

(8) Whether the property that was in the estate is still available for redistribution if the case is reopened, if known.

source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
cite as: 43 CFR 4.772