These FAQs explain Board procedure in general terms. Nothing in these FAQs supersedes the regulations that apply to the Board. Those regulations are found at 43 C.F.R. Part 4, Subpart E. Other practice and procedural rules may also apply, including regulations found at 43 C.F.R. Part 1 and 43 C.F.R. Part 4, Subparts A, B, J, and L.
For more information about formatting documents, please see 43 C.F.R. § 4.401(d).
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 briefing 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 email@example.com or telephone at 703-235-3750. 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. Their telephone number is 703-235-3791 and you can also access further information at this link.
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 requesting the Board to dismiss the appeal on the grounds that the parties have reached a settlement. The Board does not approve settlement agreements or retain jurisdiction to enforce them. If a settlement cannot be reached, then the Board will place the appeal on its active docket for adjudication.
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