Abstract

The purpose of this article is to examine the effect of the Federal Land Policy and Management Act of 1976 [FLPMA] on adjudication procedures within the Department of the Interior and judicial review of departmental adjudication. Four provisions of FLPMA deal expressly with adjudication, three with administrative adjudication and one with judicial review. The first two are hortatory. Section 102(a)(5) of FLPMA declares it to be the policy of Congress that the Secretary of the Interior be required to structure adjudication procedures to assure adequate third party participation, objective administrative review, and expeditious decisionmaking. Section 102(a)(6) provides that judicial review of public land adjudications be provided by law.

The third and fourth provisions appear to be self-executing. Section 302(c) requires that the Secretary insert in any instrument providing for the use, occupancy, or development of the public lands a provision authorizing its revocation or suspension, after notice and hearing, for certain violations. Similarly, section 506 provides for the suspension or termination of rights-of-way and easements in the event of abandonment or noncompliance with a number of statutory, regulatory, or contractual requirements "after due notice to the holder of the right-of-way and, and [sic] with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5, [of the United States Code]."

Part I of this Article, dealing with administrative adjudication, examines objective administrative review of initial decisions as well as some aspects of expeditious decisionmaking. Part II addresses third party participation; part III discusses notice and opportunity for hearing; and part IV, judicial review.

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