You do not have permission to edit this page, for the following reasons:
Section number derived automatically from the wiki page. Move the page to change the section number.
Select the flowchart which accompanies this section.
Please check the technology the roadmap section applies to (select all that apply)
Select the hydropower project type
Information current as of
The year this permitting roadmap section was updated to current information.
A developer may need to appeal a decision by the [[Bureau of Land Management]] (BLM) to the [[United States Department of Interior | Department of Interior]] Board of Land Appeals if they are adversely affected by the decision. Many decisions by the BLM are not effective during the period of time in which the developer may file an appeal. [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.21(a)(1)]]. However, BLM decisions issued under [[Title 43 CFR 3200 Geothermal Resource Leasing|43 C.F.R. §§ 3200.1-3279.11]] remain in full force and effect pending appeal. [[Title 43 CFR 3279 Utilization Relief and Appeals|43 C.F.R. § 3200.5]]. The [[United States Department of Interior | Department of Interior]] Board of Land Appeals decides finally for the Department appeals to the head of the Department from decisions rendered by Departmental officials relating to the use and disposition of public lands and their resources, including land selections arising under the Alaska Native Claims Settlement Act. [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.1]].
The [[United States Department of Interior |Department of Interior]] Board of Land Appeals considers appeals from BLM decision pursuant to [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. §§ 4.1-4.1610]].
Overview of the permit or section being discussed.
==9-FD-d.1 - Is the Decision Adverse/Incorrect?==
A developer may appeal a decision to the Interior Board of Land Appeals. [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.700]].
==9-FD-d.2 - File Notice of Appeal (NOA) and File Petition for Stay==
The appellant is required to file a Notice of Appeal (NOA) in the office that made the decision within 30 days of receipt of the decision [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.701]]. The burden of proof is on the appellant to show that the decision being appealed from is in error. The decision is in full force and effect and does not provide for an automatic stay. A request for stay must be filed with the NOA. The petition must show sufficient justification based on the following factors:
*The relative harm to the parties if the stay is granted or denied;
*The likelihood of the appellant's success on the merits;
*The likelihood of immediate and irreparable harm if the stay is not granted; and
*Whether the public interest favors granting the stay.
If a stay is granted, BLM will notify appellant that a stay has been granted and will remain in effect until lifted. [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.21(a)-(b)]].
==9-FD-d.3 - Adverse Parties - Served with NOA and Other Papers Filed==
Within 15 days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: NOA, Statement of Reasons (SOR), and any other documents. Proof of service is required. [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.413]].
==9-FD-d.4 - File Statement of Reasons==
Within thirty (30) days after filling the NOA, the appellant must file a complete SOR describing why they are appealing. The SOA must be filed with the US Department of Interior, Office of Hearing and Appeals, Interior Board of Land Appeals (IBLA), 801 N. Quincy Street, MS 300-QC, Arlington, VA 22030. An additional statement is not necessary if the developer (appellant) includes the SOR with the original filing of the NOA. [[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.412]].
==9-FD-d.5 - Adverse Parties - Served with SOR and Other Papers Filed==
Within 15 days adverse parties named in the decision must be served with copies of the additional papers filed with IBLA. Proof of service is required.
==9-FD-d.6 - Hearing (Discretionary)==
Any party may file a motion that the Board refer a case to an administrative law judge for a hearing.
In response to a motion or on its own initiative, the Board may order a hearing if there are:
:(1) Any issues of material fact which, if proved, would alter the disposition of the appeal; or
:(2) Significant factual or legal issues remaining to be decided, and the record without a hearing would be insufficient for resolving them.
[[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.415]].
==9-FD-d.7 - Decision==
IBLA will review and render a decision on the merits of the case. This is usually a lengthy process and can take from 6 months to 2 years, unless a request to have the decision expedited is granted.
The Board may reconsider its decision in extraordinary circumstances.
:(1) A party that wishes to request reconsideration of a Board decision must file a motion for reconsideration with the Board within 60 days after the date of the decision.
:(2) The motion may include a request that the Board stay the effectiveness of its decision.
:(3) Any other party to the original appeal may file a response to a motion for reconsideration with the Board within 21 days after service of the motion, unless the Board orders otherwise.
:(4) A motion for reconsideration will not stay the effectiveness or affect the finality of the Board's decision unless so ordered by the Board for good cause.
:(5) A party does not need to file a motion for reconsideration in order to exhaust its administrative remedies.
[[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. § 4.403]].
Paragraphs supporting the elements in the flowchart. Delineate section headers with "==" wiki text.
Enter agency or multiple agencies, separated by semi-colons.
Enter multiple References, separated by semi-colons. Use standard wiki text for links.
[[Title 43 CFR 4 Department Hearings and Appeals Procedures|43 C.F.R. §§ 4.1-4.1610, Department Hearings and Appeals]];
[[Title 43 CFR 3200 Geothermal Resource Leasing|43 C.F.R. §§ 3200.1-3279.11, Geothermal Resource Leasing]]
Enter multiple Regulations, separated by semi-colons. Use standard wiki text for links.
Please provide the contact position or title. Use the drop down selection to find the appropriate contact.Options are listed in the format of: Organization: Position
Assemble a trigger using the fields below. Multiple triggers are treated as "OR" conditionals.
Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
Interconnection AgreementPre-Application Process
State Highway ROW
Exceeds Max Length Or Load
Please note that all contributions to Open Energy Information are considered to be released under the Creative Commons Zero (see Creative Commons).
When contributing, you must abide with Open Energy Information's core content policies of neutral point of view, verifiability, and no original research.
This is a minor edit
Watch this page
| Editing help