2016-08-29_GENERAL DOCUMENTS - C1982056

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IBLA 2016-80 by WildEarth Guardians.2 BLM states that record supplementation is appropriate since the ratification "in no way changes the substance of the decision on appeal.i' BLM Did Not Have Jurisdiction to Ratify the DR BLM's ratification document purports to ratify a decision that was on appeal to the Board and therefore over which BLM had lost jurisdiction.' We reject BLM's argument that it could ratify a decision that was no longer before it. The validity of a decision goes directly to the "substance of the decision on appeal." Because BLM did not have jurisdiction to ratify or otherwise modify a decision on appeal, we find that the ratification document has no legal effect, and we deny BLM's Motion. The DR is Set Aside and Remanded BLM has not demonstrated that the field manager possessed the requisite authority to authorize coal lease modifications.' If a decision is not issued by an employee with delegated authority to issue it, then the action does not bind the Department and is not properly considered a decision of the BLM.6 Because the DR is not a BLM decision, it cannot be appealed to the Board.' Accordingly, pursuant to the authority delegated to the Board of Land Appeals by the Secretary of the Interior,' we set aside and remand BLM's DR. Eilee Jon Chief Admi rative Judge 2 Motion at 2. ' See id. ' See Chipmunk Grazing Association, Inc., 188 IBLA 35, 43 (2016); McMurry Oil Co., 153 IBLA 391, 393 (2000). ' DR at unpaginated 1 ("It is my decision to ... authoriz [e] the modification of coal lease C0054608 by adding 310 acres of federal coal resources."); see WildEarth Guardians, 187 IBLA at 353. ' WildEarth Guardians, 187 IBLA at 353; Gateway Coal Co. v. Office of Surface Mining Reclamation and Enforcement, 84 IBLA 371, 374-75 (1985). ' 43 C.F.R. §§ 4.1(b) (2), 4.410(a). 8 43 C.F.R. § 4.1. 2