30 C.F.R. § 290.7
Do I have to comply with the decision or order while my appeal is pending?
(a) The decision or order is effective during the 60-day period for filing an appeal under § 290.3 unless:
(1) BSEE notifies you that the decision or order, or some portion of it, is suspended during this period because there is no likelihood of immediate and irreparable harm to human life, the environment, any mineral deposit, or property; or
(2) You post a surety bond under 30 CFR 250.1409 pending the appeal challenging an order to pay a civil penalty.
(b) This section applies rather than 43 CFR 4.21(a) for appeals of BSEE orders.
(c) After you file your appeal, IBLA may grant a stay of a decision or order under 43 CFR 4.21(b); however, a decision or order remains in effect until IBLA grants your request for a stay of the decision or order under appeal.
Notes of Decisions
Cited in 10
cases, 1982–2008 · leading case: Alaska Wilderness League v. Kempthorne, 548 F.3d 815 (9th Cir. 2008).
Alaska Wilderness League v. Kempthorne, 548 F.3d 815 (9th Cir. 2008). “30 C.F.R. § 290.7 (a). MMS decisions can therefore have immediate effect, unless a reviewing body has legitimate reason to grant a stay.”
Mobil Expl. & Producing U.S., Inc. v. Babbitt, 913 F. Supp. 5 (D.D.C. 1995). “The DoFs rules state: In order to exhaust administrative remedies, a decision or order of MMS’s Royalty Management Program must be appealed pursuant to 30 CFR part 290 to the Director .”
Arkla Expl. Co. v. Texas Oil & Gas Corp., 734 F.2d 347 (8th Cir. 1984). “, 30 C.F.R. § 290.7 ; 43 C.F.R. §§ 4.21 , 4.”
Shell Offshore, Inc. v. Dep't of the Interior, 997 F. Supp. 23 (D.D.C. 1998). “and subsequently to the Interior Board of Land Appeals under 30 CFR part 290.7 and 43 CFR part 4 ... 30 C.”
Arkla Expl. Co. v. Watt, 548 F. Supp. 466 (W.D. Ark. 1982). “” Additionally, 30 C.F.R. § 290.7 provides: Any party to a case adversely affected by a final decision of the Director, Geological Survey, or the Commissioner of Indian Affairs under this part shall have a right of appeal to the Board of Land Appeals.”
Moncrief v. United States, 43 Fed. Cl. 276 (Fed. Cl. 1999). “atory language entitled “Exhaustion of administrative remedies,” which states: In order to exhaust administrative remedies, a decision or order of MMS’ Royalty Management Program must be appealed pursuant to 30 CFR part 290 to the Director (or the Deputy Commissioner of Indian…”
OXY USA, Inc. v. Babbitt, 122 F.3d 251 (5th Cir. 1997). “OXY then appealed the decision of the Director to the Interior Board of Land Appeals (“IBLA”) pursuant to 30 C.F.R. § 290.7 and 43 C.F.R. pt. 4. In an order issued on October 19, 1992 (the “OXY decision”), the IBLA affirmed the decision of the Director.”
Atl. Richfield Co. v. Lujan, 811 F. Supp. 1520 (N.D. Okla. 1992). “” 30 C.F.R. 290.7. The Defendants contend that these regulations show that the MMS Order was not final agency action.”
Murphy Expl. & Prod. Co. v. United States Dep't of the Interior, 167 F. Supp. 2d 1 (D.D.C. 2000). “3 (1998) 4 states that *5 [i]n order to exhaust administrative remedies, a decision or order of MMS’ Royalty Management Program must be appealed pursuant to 30 CFR part 290 to the Director (or the Deputy Commissioner of Indian Affairs when Indian lands are involved), and…”
Admin. Settlement of Disputes Concerning Determinations of Mineral Royalties Due the Gov't (OLC 1998). “A lessee may further appeal an adverse decision by the MMS Director to the Interior Board of Land Appeals (“IBLA”) under 30 C.F.R. § 290.7 and 43 C.F.R. pt. 4, unless the Assistant Secretary has previously reviewed and concurred in the Director’s decision.”
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