Practices Before the Department of the Interior
Published Date: 1/10/2025
Rule
Summary
The Department of the Interior is updating its rules for hearings and appeals to make the process faster, clearer, and more modern. These changes affect anyone involved in Interior Department cases by introducing streamlined procedures and a new electronic filing system. The new rules kick in on February 10, 2025, and the public can comment on them until that date, with extra time to weigh in on information collection until March 11, 2025.
Analyzed Economic Effects
8 provisions identified: 7 benefits, 1 costs, 0 mixed.
Electronic filing and docket system
The Office of Hearings and Appeals is creating a regulatory framework for a new electronic filing and case docket management system and will allow parties to file and receive documents electronically. Deployment of the new system is planned for early 2025 and the interim final rule takes effect February 10, 2025.
Video hearings to improve access
OHA will allow use of video technology for hearings and other prehearing processes. The rule says video hearings improve access for parties with physical limitations, limited financial resources, and limited geographic mobility.
File IBLA appeals directly with IBLA
For appeals to the Interior Board of Lands Appeals (IBLA), the rule requires a person or entity to file its appeal directly with IBLA instead of filing first with the bureau or office that issued the decision. This changes where appellants must submit their Notice of Appeal.
Deadline for bureaus to file administrative records
The interim final rule imposes a deadline for the bureau or office to file the administrative record in appeals. The change is intended to speed the appeal process by requiring bureaus to file records on a set schedule.
IBLA can affirm appeals without opinion
The rule creates a procedure allowing the Board to affirm certain appeals without issuing a written opinion. This provides a faster disposition option for some cases.
Longer Assistant Secretary review period for IBIA appeals
Changes to IBIA-related rules include adding a requirement for the appellant to serve a notice of appeal on the Solicitor's office and lengthening the time by which the Assistant Secretary--Indian Affairs may decide to review an appeal from 20 days to 40 days.
Small-entity economic certification and cost estimates
The Department certifies the rule will not have a significant economic effect on a substantial number of small entities and estimates an annual effect on the economy of approximately $18,964 per year across an average of 627 cases. The total estimated annual non-hour paperwork burden cost is $584.
WELSA rules: electronic filing and 40-day objection
Revised rules for White Earth Reservation Land Settlement Act (WELSA) proceedings require the Project Director and attorneys to file documents electronically and give other interested parties the option to file electronically. The rule also clarifies that heir information in a preliminary decision may be incorporated into the final decision if no timely objection is filed within 40 days.
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