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Appeals & Sureties

How to Appeal

The procedures for filing an appeal are set forth at 30 C.F.R. Part 1290 and 43 C.F.R. Part 4, Subpart E. Set forth below is general information regarding appeals. Read the regulations and obtain legal advice as needed to file an appeal.

The Director of the Office of Natural Resources Revenue (ONRR) decides an appeal from an order issued for a federal property, except that an order to perform a restructured accounting for a federal oil and gas lease issued by ONRR’s Director (i.e. a federal restructured accounting order) is instead appealed directly to the IBLA. The Director of the Bureau of Indian Affairs (BIA) decides an appeal from an order issued for an Indian property. The Interior Board of Land Appeals (IBLA) decides an appeal from an appeal decision issued by the ONRR Director or BIA Director (i.e. a Director decision) or from a federal restructured accounting order.

The regulations define the types of documents that are an order for an appeal to the ONRR Director or BIA Director. See 30 C.F.R. § 1290.102. An order is appealed to the ONRR Director or BIA Director by filing a notice of appeal and statement of reasons with ONRR. The ONRR Appeals Program works to resolve appeals without a formal Director decision if possible.

Although the IBLA decides appeals from Director decisions and federal restructured accounting orders, the notice of appeal in these types of appeals also must be filed with ONRR. ONRR forwards the notice of appeal and any statement of reasons filed with it to the IBLA pursuant to 43 C.F.R. § 4.411(d). All subsequent filings in the appeal are filed directly with the IBLA.

The time allowed for filing the notice of appeal and statement of reasons depends on the type of order or decision appealed. Consult the regulations and instructions included with the order or decision to determine the applicable deadlines. Federal regulations prohibit ONRR from extending the time period to file the notice of appeal. However, ONRR may grant a timely filed request for extension of time to file a statement of reasons for an appeal to the ONRR Director or BIA Director.

Absent contrary instructions from ONRR, any document, such as a notice of appeal or statement of reasons, that must be filed with ONRR pursuant to 30 C.F.R. § 1290.105 or 43 C.F.R. § 4.411 may be filed in PDF format by email delivered to ONRRAppealsMailbox@onrr.gov. Except as otherwise provided in 30 C.F.R. § 1290.105(c) and 43 C.F.R. § 4.401(a), documents filed by email must be received at this email address by 11:59 p.m. MST on the date they are due to be timely filed.

Alternatively, you may file the notice of appeal and statement of reasons with the ONRR Appeals Program in paper. The ONRR Appeals Program is located at the Denver Federal Center, 6th Avenue and Kipling Street, Bldg. 85, Denver, Colorado 80225. Its mailing address for appeals-related communications is ONRR Appeals Program, 6th Avenue and Kipling Street, P.O. Box 25165, Mailstop 64400 B, Denver, Colorado 80225. If you file a document in paper, please also email it in PDF format to ONRRAppealsMailbox@onrr.gov within three business days of when it is filed.

Past Director decisions are available through Gower Federal Service, with subscriptions available through the Rocky Mountain Mineral Law Foundation.

To view Interior Board of Land Appeals decisions, click here.

How to Suspend Performance during an Appeal of an Order to Pay

Follow the Surety Instrument Posting Instructions for requirements to file one of the following:

Appeals Program Contact

Appeals Coordinator
(303) 231-3047

ONRRAppealsMailbox@onrr.gov
Mail:
ONRR Appeals Program
Denver Federal Center, Bldg. 85
PO Box 25165
Denver, CO 80225

Sureties Contact

Kimberly Werner
Surety Instruments
(303) 231-3801

References