43 C.F.R. § 4.906

What if the Department does not issue a decision by the date my administrative proceeding ends?

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(a) If the IBLA or an Assistant Secretary (or the Secretary or the Director of OHA) does not issue a final decision by the date an administrative proceeding ends under § 4.904(b), then the Secretary will be deemed to have decided the appeal in accordance with 30 U.S.C. 1724(h)(2).

(b)(1) If your administrative proceeding ends before the ONRR Director issues a decision in your appeal, then the Secretary will be deemed to have decided the appeal in accordance with 30 U.S.C. 1724(h)(2).

(2) If the ONRR Director issues an order or a decision in your appeal, and if you do not appeal the Director's order or decision to IBLA within the time required under 30 CFR part 1290, then the ONRR Director's order or decision is the final decision of the Department and 30 U.S.C. 1724(h)(2) has no application.

(c) If the IBLA issues a decision before the date your administrative proceeding ends, that decision is the final decision of the Department and 30 U.S.C. 1724(h)(2) has no application. A petition for reconsideration does not extend or renew the 33-month period.

(d) If your administrative proceeding ends while your appeal is pending before the IBLA, the IBLA loses jurisdiction as of the date determined under § 4.904(b), and the appeal will be dismissed. The dismissal will be reflected in an IBLA order, and your receipt of this order serves as the notice that begins the period in which a judicial proceeding challenging the final agency action must be brought under 30 U.S.C. 1724(j).

(e) If any part of the principal amount of any monetary obligation is not specifically stated in an order or ONRR Director's decision and must be computed to comply with the order or ONRR Director's decision, then the principal amount referred to in paragraph (a) of this section means the principal amount ONRR estimates you would be required to pay as a result of the computation required under the order, plus any amount due stated in the order.

[90 FR 2427, Jan. 10, 2025]

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Oxy USA v. Doi, 32 F.4th 1032 (10th Cir. 2022).

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Oxy USA v. Doi, 32 F.4th 1032 (10th Cir. 2022). “§ 1724 (h)(2)(B); 43 C.F.R. § 4.906 (a). 6. District Court Opinion OXY then brought this lawsuit, challenging the decision of ONRR’s Director under the Administrative Procedure Act (“APA”), 5 U.”

DCOR LLC v. The United States Dep't of the Interior (N.D. Tex. 2023). “” AR0020182–83; see also 43 C.F.R. § 4.906 (b)(2). Thus, even though certain issues within the Decision became final at different times, the consolidated Decision is what ultimately constituted final agency action with respect to all three Orders and was reviewed by this Court.”

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