ADR in Cases before the IBLA
The Interior Board of Land Appeals
The Interior Board of Land Appeals (IBLA) is one of the primary forums of independent and objective administrative review of BLM decisions. When a party in a matter is adversely affected by a BLM officer's decision, generally that party can appeal the decision to the IBLA (subject to certain exceptions, such as those outlined in 43 CFR 4.410 and 1610.5 et seq). The IBLA is part of the Office of Hearings and Appeals of the Department of the Interior, which by regulation has been designated as an authorized representative to carry out and decide the hearings, appeals, and other review functions on behalf of the Secretary of the Interior. 43 CFR 4.1.
The IBLA ADR Case Referral Program
Alternative Dispute Resolution, including direct negotiations, has long been a viable practice in cases before the Interior Board of Land Appeals. In recent years, the use of both direct and facilitated negotiations in cases before the IBLA has increased. In part, this is because of the Board's ADR Case Referral Program, which the Board initiated by Federal Register Notice in 2004. Under this program, the IBLA screens incoming appeals and in appropriate cases, orders the parties to enter into direct negotiations. The program also seeks to educate parties about ADR as an acceptable option for resolving IBLA appeals. Parties are never required to actually settle an appeal; if no settlement can be reached, the IBLA decides the case using standard adjudicative procedures. If, however, the parties successfully settle the case, the IBLA generally dismisses the case, and the parties can act on their settlement agreement.
BLM Guidance
In reponse to the IBLA Case Referral Program and the rise in use of ADR in IBLA cases, the BLM is currently preparing guidance for BLM managers and staff on the use of ADR in IBLA cases. The guidance will provide procedures for managing ADR in cases before the IBLA, as well as provide information and answers to questions about the IBLA ADR Case Referral Program and ADR generally in IBLA cases. Anticipated release date of the guidance is January 2008.
Additional Resources
This page also currently contains general information and resources related to the IBLA, useful for appellants and BLM managers and staff. The links below include the IBLA's own documentation regarding the IBLA case referral program, as well as other resources and materials related to the IBLA.
If you are an appellant in a BLM case before the IBLA, and would like more information about using ADR in your case, contact us.
