IBLA FAQs

A:  The Interior Board of Land Appeals (Board) decides finally for the Department of the Interior appeals of decisions issued by the Department’s bureaus and offices, including the Bureau of Land Management, Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Office of Natural Resources Revenue, Office of Surface Mining Reclamation and Enforcement, and the Departmental Cases Hearings Division. Located within the Department’s Office of Hearings and Appeals, the Board is separate and independent from the bureaus and offices whose decisions it reviews. The current composition of the Board is available on our website under IBLA Personnel, which can be accessed by clicking here.

A:  The Board generally sits in panels of two administrative judges who decide each appeal. Appeals are decided based on applicable law the filings submitted by the parties, and the bureau or office’s underlying administrative record. While the Board resolves many appeals based on the merits of the legal arguments made by the parties, the Board may also resolve appeals on jurisdictional grounds, including dismissing appeals that were not timely filed or where the appellants lack standing to appeal.

A: The Board may dispose of an appeal by issuing a dispositive order or a decision. Dispositive orders resolve an appeal and are binding on the parties, but they are not precedential, which means that the Board generally is not obligated to follow or distinguish them in future appeals. Decisions are precedential, and unless they are superseded or overruled, decisions may be cited as binding precedent in other appeals. Please see 43 C.F.R. § 4.418.

A: The Board may resolve motions by either an order signed by an administrative judge or a docket notice signed by the Board’s Docket Attorney. When a party files a motion asking us to rule on a procedural matter, and another party to the appeal opposes the motion or has not indicated whether it opposes the motion, the Board rules on the motion in an order signed by an administrative judge. The Board also issues orders when a party files a motion that does not conform to our procedural rules—for example, if a motion is not timely filed and served, does not include a certificate of service, or does not state whether the parties conferred before filing the motion (when conferral is required). See 43 C.F.R. § 4.409(a) for the requirements for motions. The Board issues orders resolving motions as expeditiously as possible.

The Board may resolve a motion by issuing a docket notice when a party files a motion and represents that no other party objects to the motion, and the motion otherwise conforms to our procedural rules. The Board’s Docket Attorney issues docket notices resolving these motions typically within a few business days after they are filed.

A: Board decisions can be found by using the Department’s search engine or by using the chronological Indices of IBLA Decisions, found here: Finding IBLA Decisions | U.S. Department of the Interior. Board decisions are also available from online legal research providers.

A: Dispositive orders issued in calendar year 2007 and later can be found by using the Department’s search engine or by using the index on our website here: Interior Board of Land Appeals - Dispositive Orders | U.S. Department of the Interior. The Board’s dispositive orders may also be available from online legal research providers.

A: Parties can view documents filed in their pending appeals after March 10, 2025, through Bison File & Serve, OHA's electronic filing system. Click here for more information about Bison File & Serve: Bison File & Serve | U.S. Department of the Interior

If you are not a party to an appeal but wish to access documents filed in a pending appeal, you must file a Freedom of Information Act (FOIA) request with the Office of Hearings and Appeals. Documents requested by members of the public and the media must be reviewed to determine if any information in the requested documents is exempt from disclosure under FOIA and the Department’s implementing regulations at 43 C.F.R. Part 2. For more information about FOIA requests, please see 43 C.F.R. Part 2. You may also visit OHA’s FOIA website for more information on filing a FOIA request with the Board by clicking here: Freedom of Information Act (FOIA) | U.S. Department of the Interior. You may also find guidance about public access to documents filed with OHA in our System of Records Notice by clicking here: INTERIOR/OS-09, Hearings and Appeals Files | U.S. Department of the Interior.

A: The Board requires every appellant to have standing to file its appeal. This means you must be a party to a case and be adversely affected by the decision you wish to appeal. For more information about filing an appeal with the Board, please see 43 C.F.R. §§ 4.401 (including definitions of “party to the case” and “adversely affected”), 4.402 (Who may appeal), and 4.403 (How to appeal).

A: Unless you are appealing a decision made by the Bureau of Ocean Energy Management or the Bureau of Safety and Environmental Enforcement (issued under 30 C.F.R. chapter II or chapter V), there is no fee to file an appeal with the Board.

A: You must file your written notice of appeal along with three additional documents: a copy of the decision you are appealing, a statement of facts showing that you are a party to the case who is adversely affected by the decision and therefore has standing to appeal, and a statement supported by any documentation showing when you received notice of the decision you are appealing.

Where and when you file your appeal depends on the bureau or office whose decision you are appealing. For example, you must file a notice of appeal of a Bureau of Land Management decision with the Board no later than 30 days after you receive notice of the decision, but you have 60 days to file a notice of appeal of a Bureau of Safety and Environmental Enforcement or Bureau of Ocean Energy Management decision in the office of the officer who issued the decision because those bureaus’ regulations specifically identify the place to file a notice of appeal. Appeal periods are generally set forth in 43 C.F.R. § 4.403 (applicable to BLM), 30 C.F.R. § 290.3 (BSEE), § 590.3 (BOEM), and § 1290.108 (Office of Natural Resources Revenue); see also 30 C.F.R. chapter VII (Office of Surface Mining Reclamation and Enforcement).

You must provide (serve) a copy of the notice of appeal (also called serving the notice of appeal) to each person named in the decision and the Department’s Office of the Solicitor. For more information about filing and serving an appeal, please see 43 C.F.R. §§ 4.403, 4.407(b).

A: No. You may represent yourself or a family member. A list of entities and representatives that may practice before the Board is in  43 C.F.R. § 1.3. Legal assistance may be provided by an attorney, but the Board cannot refer you to an attorney.

A: The Department cannot implement most decisions during the 30-day “appeal period” that starts the date you receive the decision. Generally, after you file an appeal, the Department may implement the decision unless you file a petition for a stay at the same time you file your notice of appeal. Please see 43 C.F.R. § 4.405(a) for more information. There are exceptions, however: some decisions can be implemented immediately, even during the 30-day appeal period and after an appeal is filed. You should also consult the regulations specific to the type of decision you are appealing to see if the decision is one that is in immediate effect.

A: You may request a stay of the effect of the decision you are appealing by filing a petition for a stay along with your notice of appeal. By regulation, the Board has 45 days from the last day of the appeal period to rule on a timely filed petition for stay. If the Board grants a stay, this means the Department cannot implement its decision until there is a final ruling by the Board on the appeal or the stay is otherwise lifted. For more information, please see 43 C.F.R. § 4.405(b).

A: If the Board does not rule on a stay request by the end of the 45-day period, then the stay is deemed to have been denied, and the Department may take the action authorized by the decision. Please see 43 C.F.R. § 4.405(b).

A: The record on appeal (sometimes called the administrative record) is the official record of all documents and materials that the officer who made the decision on appeal directly or indirectly considered in reaching a final decision. Please see 43 C.F.R. § 4.406(b) (contents of the record on appeal).

A: The bureau or office that issued the decision on appeal must file its record with the Board and, at the same time, serve a copy of the record on the appellant and any other parties to the appeal no later than 60 days after it is served with the notice of appeal. The bureau or office may seek an extension of time to file the record. Please see 43 C.F.R. § 4.406(a).

A: Any party may file a motion with the Board to protect confidential information from public disclosure. For more information, please see 43 C.F.R. § 4.31.

A: Yes. Consistent with 43 C.F.R. § 4.407 and the OHA Standing Order on Electronic Transmission, parties to an appeal may file all documents through Bison File & Serve, our electronic filing system. Certain parties are required to file through Bison File & Serve, and others may choose to. The following parties are required to file through Bison File & Serve: any Federal, State, or local agency, and any attorney representing a person or entity (including the Department’s Office of the Solicitor). The Board no longer accepts filings by email. For more information about Bison File & Serve, please visit Bison File & Serve | U.S. Department of the Interior.

A: Yes. Any document filed with the Board, other than an exhibit or an attachment, must

• Use 12-point font size or larger;
• Be double-spaced except for the case caption, headings, long quotations, and footnotes, which may be single-spaced;
• Have at least 1-inch margins; and
• Be numbered sequentially.

For more information about document format, please see 43 C.F.R. § 4.408(b).

A: You must provide (serve) a copy of the documents to all other parties or their legal representative. The legal representative of the Department is the Office of the Solicitor. For more information about providing copies of documents filed in your appeal, please see 43 C.F.R. § 4.407(b).

A: In addition to your notice of appeal, you must file a statement of reasons that explains why you are appealing. The bureau or office may then file an answer in response. Please see 43 C.F.R. § 4.410.

A: A statement of reasons explains why you are appealing a decision to the Board. In your statement of reasons, you must set forth with specificity all legal or factual errors you believe the bureau, office, or administrative law judge made in the decision you have appealed. You must file your statement of reasons  no later than 30 days after the bureau or office files the record on appeal with the Board, unless the Board orders a different deadline. A statement of reasons is limited to 30 pages. For more information about statements of reasons, please see 43 C.F.R. § 4.410(b).

A: The bureau’s or office’s answer is due 60 days after it received the statement of reasons unless the Board orders otherwise. The answer is limited to 30 pages. For more information about answers, please see 43 C.F.R. § 4.410(c).

A: The regulations permit but do not require the bureau or office that issued the decision on appeal to file an answer. If the bureau or office does not file an answer, the Board will decide your appeal based on your statement of reasons and the record on appeal. You are not entitled to a “default judgment” in your favor if the bureau or office does not file an answer. Please see 43 C.F.R. § 4.410(c)(3).

A: Yes. If you wish to file a reply, you may do so no later than 21 days after you received the answer unless the Board orders otherwise. The reply must be limited to addressing new issues raised in the answer and may not exceed 20 pages. For more information about replies, please see 43 C.F.R. § 4.410(e). 

A: Yes. You may ask for an extension to file any document except your notice of appeal. You must file any request for an extension no later than the day before the due date you want to extend unless there are extenuating circumstances. Extensions are granted for “good cause,” so you must state your reason for needing an extension. You must also state in your motion whether the parties to your appeal oppose your request for more time. For more information about extensions, please see 43 C.F.R. § 4.409(a) and (b).

A:  Yes. Any motion may be filed with the Board at any time. For further information on motions, please see 43 C.F.R. § 4.409. Any party to the appeal may file a response to a motion and must do so no later than 14 days from the date of receipt, unless the party seeks and receives an extension of time. The Board will rule on any motion as expeditiously as possible.

A: The Board’s policy is that all filing deadlines, other than the deadline for filing a notice of appeal, during a government shutdown are extended by the entire length of the shutdown, calculated by the number of calendar days that the shutdown lasts. For example, if the government is shut down January 1 to January 31 (31 days), then a January 15 filing deadline is automatically extended by 31 days, and the Board will consider the filing timely if it is received by February 15 (or the next business day if February 15 is a weekend or holiday). If a party requires additional time to file, it may file a request for an extension of time before the new deadline in accordance with the regulation at 43 C.F.R. § 4.409(b). 

A: If you want to participate in an appeal because you believe its outcome may adversely affect your interests, then you may file a motion with the Board in the manner provided in 43 C.F.R. § 4.409(c) (Intervention). Any interested person who wishes to inform the Board’s decision in an appeal may file a motion to do so, as described in 43 C.F.R. § 4.409(d) (Amicus curiae). You must serve motions to intervene or file a brief as amicus curiae on all parties to the appeal.

A: The Board strongly encourages the parties to an appeal to attempt to settle their dispute among themselves. A resolution through mutual agreement will typically be faster, and allow for more flexibility in the outcome, than awaiting a final Departmental decision from the Board.

You need not contact the Board before engaging in settlement discussions. If a party is represented by an attorney, you should contact the attorney to begin any discussion. If the parties need time to negotiate a settlement, they should jointly move the Board to suspend consideration of the appeal, at which point the Board will toll all filing deadlines to facilitate the parties’ negotiations.

In addition to direct negotiations among the parties, the Board encourages the use of alternative dispute resolution (ADR) processes to assist with settlement discussions if the parties decide it would be helpful. Examples of ADR include mediation and neutral evaluation. If the parties are interested in ADR, they should contact the Board by email at ibla@oha.doi.gov. For more information about the Department’s use of ADR for natural resources and environmental issues, a party may also contact the Office of Collaborative Action and Dispute Resolution. The telephone number is 703-235-3791, and you can also access further information here: Office of Collaborative Action and Dispute Resolution | U.S. Department of the Interior.

If you reach a settlement, the Board must be notified so that the appeal may be dismissed. An unopposed or joint motion must be filed asking the Board to dismiss the appeal on the grounds that the parties have reached a settlement. The Department’s bureaus and offices cannot modify a decision on appeal to the Board until the Board dismisses the appeal or sets aside and remands the decision to the bureau or office. Please see 43 C.F.R. § 4.404 (Effect of appeal). The Board does not approve settlement agreements or retain jurisdiction to enforce them.

If a settlement cannot be reached, then the Board will return the appeal to its active docket for adjudication.

The Office of Hearings and Appeals has a regulation addressing ADR at 43 C.F.R. § 4.30.

A: The Board attempts to handle all appeals in an expeditious manner. Typically, appeals are prioritized by the age of the appeal once the bureau or office has submitted the administrative record and all the briefs have been filed. Each appeal is unique, however, and delays can occur for various reasons, including when parties seek time to negotiate a possible settlement. Certain categories of appeals also receive expedited review as a matter of law or Department policy. Therefore, the time from when you file an appeal until the Board issues a decision varies. Most appeals are decided within two years.

A: Yes. You should file a written motion asking the Board to dismiss the appeal. In the motion, you should briefly state why you want the Board to dismiss your appeal. You do not need to confer with other parties to the appeal before filing a motion to withdraw or voluntarily dismiss an appeal (see 43 C.F.R. § 4.409(a)(2)(ii)), but your motion may be granted more quickly if you include the views of the other parties.

A: Yes, you may ask the Board to reconsider dispositive orders and decisions. If you wish to file a motion for reconsideration with the Board, then you must do so within 60 days after the date the Board issued its dispositive order or decision in your appeal. Reconsideration is only granted in extraordinary circumstances. For more information about asking for reconsideration, please see 43 C.F.R. § 4.415. You are not required to ask for reconsideration before seeking review of the Board’s decision in Federal court.

A: Generally, the decision of the Board constitutes the final decision of the Department, but the Board’s decisions are subject to review by Federal courts. If you desire additional review of the decision, you may wish to seek advice from an attorney knowledgeable in Federal administrative law to understand what options may exist for judicial or other types of review.

A: Our regular business hours are Monday through Friday, 8:30 a.m. – 5:00 p.m. Eastern Time. The easiest way to contact the Board is by email to ibla@oha.doi.gov. You may also contact the Board by mail, delivery service, or telephone. The Board’s contact information is as follows:

Interior Board of Land Appeals
Office of Hearings and Appeals
U.S. Department of the Interior
801 N. Quincy Street, Suite 300
Arlington, VA 22203

ibla@oha.doi.gov (email)
703-235-3750 (voice)

Please understand that the Board’s staff cannot provide you legal advice, discuss the specifics of your appeal, or predict how the Board will rule.

A: No. The Board’s administrative judges may not engage in one-sided communications with any party or the public about the merits of an appeal. Such a one-sided communication is called “ex parte communication,” and it is prohibited to ensure that all parties have the same information as the administrative judges who will be deciding the case. If an administrative judge receives information that was not made available to the other parties to an appeal, then the Board will disclose the communication to the other parties so that they can respond to it if they choose to do so.