Notice to Lessees and Operators (NTL) of Federal Oil, Gas,
and Sulphur Leases in the Outer Continental Shelf

Final Rule on Minerals Management Service (MMS) Appeals

NOTE: NTL 99-N06 is available for download in Adobe's Portable Document Format (PDF).

The purpose of this notice is to provide information on changes to the MMS Offshore Energy and Minerals Management appeals process. On May 13, 1999, the U. S. Department of the Interior’s MMS and Office of Hearings and Appeals published in the Federal Register, Volume 64, Number 92, Page Nos. 26240-26262, a final rule that amends certain parts of the rules governing the appeal of orders or decisions from the MMS Offshore Energy and Minerals Management and Royalty Management Programs. The final rule modified the Offshore Energy and Minerals Management rules by:

1)  Streamlining the appeals process. Lessees or operators (you) submit formal appeals of Offshore orders or decisions directly to the Interior Board of Land Appeals. There will no longer be any formal appeal to the MMS Director.

2)  Providing for a 60-day time period for the lessee or operator to file a formal appeal. During this 60-day period, you may also seek an informal resolution within MMS by asking the issuing officer's next level supervisor to review the order or decision. Previously, there was a 30-day time limit for filing of a formal appeal to the MMS Director and another 30-day period for filing of any subsequent appeals to the Interior Board of Land Appeals.

3)  Requiring the lessee or operator to pay a $150 processing fee. You send the payment to the issuing official along with the Notice of Appeal. Previously, there was no MMS processing fee.

4)  Modifying the civil penalty appeal process. If you appeal a final MMS Reviewing Officer decision, you must post a surety bond in the amount of the civil penalty, unless other arrangements are approved by the MMS regional office, as detailed in the new regulations. Previously, no bond was required for filing of a civil penalty appeal.

Paperwork Reduction Act of 1995 Statement

The information collections referred to in this NTL provide clarification, description, or interpretation of requirements contained in subpart N of 30 CFR part 250, 30 CFR part 256, and 30 CFR part 290. The Office of Management and Budget (OMB) approved the information collection requirements for these regulations, which are covered under OMB control numbers 1010-0121 for subpart N and part 290; and 1010-0006 for part 256. This NTL does not impose additional information collection requirements subject to the Paperwork Reduction Act of 1995.

Contact

If you have any questions on this NTL, you may contact Mr. Greg Gould, Performance and Safety Branch, Engineering and Operations Division, at (703) 787-1616.

May 28, 1999
Signed by Thomas A. Readinger

Signed for Carolita U. Kallaur
Associate Director for Offshore Energy and Minerals Management