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Argued March 8, 2001

Murphy Exploration and Production Co. (“Murphy”) appeals the District Court’s dismissal, for lack of jurisdiction, of its claim that the Department of the Interior (“DOI”) failed to reimburse it for mining royalty overpayments. Murphy’s lawsuit invokes the Federal Oil and Gas Royalty Simplification and Fairness Act (“FOGRSFA”), which confers jurisdiction on courts to consider challenges to “administrative proceedings” that the agency fails to resolve within 33 months after they are commenced. Murphy proposes that it commenced such an “administrative proceeding” when it submitted a refund request to DOI. Because we conclude that FOGRSFA’s 33-month deadline period begins to run when a party submits a refund request, we hold that the district court erroneously concluded that it lacked jurisdiction to hear Murphy’s claim.

I. BACKGROUND

 
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