Appealing parties could seek faster review of some Interior decisions

A party appealing a covered Interior decision could ask the Board of Land Appeals for an expedited review in writing. This applies to appeals of Interior decisions described in the cited federal regulation, or a replacement regulation, that are before the Board of Land Appeals. The Board must issue its final decision within six months after receiving the written request, but the deadline cannot be earlier than 18 months after the appeal was filed. The deadline runs from the Board's receipt of the written request and cannot be earlier than 18 months after the appeal was filed.

If the Board misses the applicable deadline, the underlying Interior decision counts as a final agency action, and a court reviewing it must decide the matter anew. This applies when the Board of Land Appeals does not issue a final decision by the deadline for a covered appeal. A court's new review is called de novo review; it considers the matter anew. This applies when the Board has not issued a final decision by the deadline described for an expedited review request.

The expedited-review deadline takes priority over conflicting deadlines in two federal laws covering oil and gas royalties and surface mining. This applies when the expedited-review deadline conflicts with a deadline under the Federal Oil and Gas Royalty Management Act or the Surface Mining Control and Reclamation Act. The priority applies when the deadlines conflict.