[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR4.1]



[Page 58-66]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

            Subpart A_General; Office of Hearings and Appeals

 

Sec.  4.1  Scope of authority; applicable regulations.









            Subpart A_General; Office of Hearings and Appeals



Sec.  

4.1 Scope of authority; applicable regulations.

4.2 Membership of appeals boards; decisions, functions of Chief Judges.

4.3 Representation before appeals boards.

4.4 Public records; locations of field offices.

4.5 Power of the Secretary and Director.



       Subpart B_General Rules Relating to Procedures and Practice



4.20 Purpose.

4.21 General provisions.

4.22 Documents.

4.23 Transcript of hearings.

4.24 Basis of decision.

4.25 Oral argument.

4.26 Subpoena power and witness provisions generally.

4.27 Standards of conduct.

4.28 Interlocutory appeals.

4.29 Remands from courts.

4.30 Information required by forms.

4.31 Request for limiting disclosure of confidential information.



    Subpart C_Special Rules of Practice Before the Interior Board of 

                            Contract Appeals



4.100 General rules and guidelines.



                       Prehearing Procedure Rules



4.101 Who may appeal.

4.102 Appeals--how taken.

4.103 Forwarding and docketing of appeals.

4.104 Preparation, organization, transmittal, and status of appeal file.

4.105 Dismissal for lack of jurisdiction.

4.106 Representation and appearances.

4.107 Pleadings.

4.108 Amendments of pleadings or record.

4.109 Hearing--election.

4.110 Prehearing briefs.

4.111 Prehearing or presubmission conference.

4.112 Submission without a hearing.

4.113 Optional small claims (expedited) and accelerated procedures. (See 

          Sec.  4.100(a)(2).)

4.114 Settling of the record.

4.115 Discovery--depositions.

4.116 Interrogatories to parties; inspection of documents; admission of 

          facts.

4.117 Service of papers.



                         Hearing Procedure Rules



4.118 Hearings--where and when held.

4.119 Notice of hearings.

4.120 Subpoenas. (See Sec.  4.100(a)(2).)



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4.121 Unexcused absence of a party.

4.122 Nature of hearings.

4.123 Examination of witnesses.

4.124 Submission of briefs.



                       Posthearing Procedure Rules



4.125 Decisions.

4.126 Motions for reconsideration.

4.127 Dismissals.

4.128 Remands from courts.



Appendix I to Subpart C--Suggested Form of Notice of Appeal



    Subpart D_Rules Applicable in Indian Affairs Hearings and Appeals



 Determinations of Heirs and Approval of Wills, Except as to Members of 

    the Five Civilized Tribes and Osage Indians; Tribal Purchases of 

                    Interests Under Special Statutes



                      Scope of Subpart; Definitions



4.200 How to use this subpart.

4.201 Definitions.



 Determination of Heirs; Approval of Wills; Settlement of Indian Trust 

                                 Estates



4.202 General authority of deciding officials.

4.203 Determination as to nonexistent persons and other irregularities 

          of allotments.

4.204 Presumption of death.

4.205 Escheat.

4.206 Determinations of nationality, citizenship, or status affecting 

          character of land titles.

4.207 Settlement agreement.

4.208 Renunciation of interest.



                   Commencement of Probate Proceedings



4.210 Commencement of probate.

4.211 Assignment to deciding official.



                Summary and Informal Probate Proceedings



4.212 Summary process for estates containing only trust cash estates of 

          less than $5,000.

4.213 Informal process for cases that do not require a formal hearing.

4.214 Written decision of attorney decision maker.

4.215 De novo review following decision of attorney decision maker.



                       Formal Probate Proceedings



                                 Notice



4.216 Notice.

4.217 Contents of notice.



            Depositions, Discovery, and Prehearing Conference



4.220 Production of documents for inspection and copying.

4.221 Depositions.

4.222 Written interrogatories; admission of facts and documents.

4.223 Objections to and limitations on production of documents, 

          depositions, and interrogatories.

4.224 Failure to comply with discovery.

4.225 Prehearing conference.



                             Formal Hearings



4.230 Authority and duties of the administrative law judge or Indian 

          probate judge.

4.231 Formal hearings.

4.232 Evidence; form and admissibility.

4.233 Proof of wills, codicils, and revocations.

4.234 Witnesses, interpreters, and fees.

4.235 Supplemental hearings.

4.236 Record.



                     Decisions in Formal Proceedings



4.240 Decision of the administrative law judge or Indian probate judge 

          and notice thereof.

4.241 Rehearing.

4.242 Reopening.



                                 Claims



4.250 Filing and proof of creditor claims; limitations.

4.251 Priority of claims.

4.252 Property subject to claims.



                                  Wills



4.260 Making of a will; review as to form; revocation.

4.261 Anti-lapse provisions.

4.262 Felonious taking of testator's life.



                   Custody and Distribution of Estates



4.270 Custody and control of trust estates.

4.271 Omitted property.

4.272 Improperly included property.

4.273 Distribution of estates.



                              Miscellaneous



4.281 Claims for attorney fees.

4.282 Guardians for incompetents.



           Tribal Purchase of Interests Under Special Statutes



4.300 Authority and scope.

4.301 Valuation report.

4.302 Conclusion of probate and tribal exercise of statutory option.

4.303 Notice by surviving spouse to reserve a life estate.

4.304 Rehearing.

4.305 Hearing on tribal option to purchase interests.



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4.306 Time for payment.

4.307 Title.

4.308 Disposition of income.



 General Rules Applicable to Proceedings on Appeal Before the Interior 

                         Board of Indian Appeals



4.310 Documents.

4.311 Briefs on appeal.

4.312 Board decisions.

4.313 Amicus Curiae; intervention; joinder motions.

4.314 Exhaustion of administrative remedies.

4.315 Reconsideration of a Board decision.

4.316 Remands from courts.

4.317 Standards of conduct.

4.318 Scope of review.



        Appeals to the Board of Indian Appeals in Probate Matters



4.320 Who may appeal.

4.321 Notice of transmittal of record on appeal.

4.322 Docketing.

4.323 Disposition of the record.



 Appeals to the Board of Indian Appeals From Administrative Actions of 

  Officials of the Bureau of Indian Affairs: Administrative Review in 

        Other Indian Matters Not Relating to Probate Proceedings



4.330 Scope.

4.331 Who may appeal.

4.332 Appeal to the Board; how taken; mandatory time for filing; 

          preparation assistance; requirement for bond.

4.333 Service of notice of appeal.

4.334 Extensions of time.

4.335 Preparation and transmittal of record by official of the Bureau of 

          Indian Affairs.

4.336 Docketing.

4.337 Action by the Board.

4.338 Submission by administrative law judge of proposed findings, 

          conclusions and recommended decision.

4.339 Exceptions or comments regarding recommended decision by 

          administrative law judge.

4.340 Disposition of the record.



   White Earth Reservation Land Settlement Act of 1985; Authority of 

 Administrative Judges; Determinations of the Heirs of Persons Who Died 

                        Entitled to Compensation



4.350 Authority and scope.

4.351 Commencement of the determination process.

4.352 Determination of administrative judge and notice thereof.

4.353 Record.

4.354 Reconsideration or rehearing.

4.355 Omitted compensation.

4.356 Appeals.

4.357 Guardians for minors and incompetents.



 Subpart E_Special Rules Applicable to Public Land Hearings and Appeals



                           Appeals Procedures



                       Appeals Procedures; General



4.400 Definitions.

4.401 Documents.

4.402 Summary dismissal.

4.403 Finality of decision; reconsideration.



                  Appeals to the Board of Land Appeals



4.410 Who may appeal.

4.411 Appeal; how taken, mandatory time limit.

4.412 Statement of reasons, statement of standing, written arguments, 

          briefs.

4.413 Service of notice of appeal and of other documents.

4.414 Answers.



                    Actions by Board of Land Appeals



4.415 Request for hearings on appeals involving questions of fact.

4.416 Appeals of wildfire management decisions.



                           Hearings Procedures



                      Hearings Procedures; General



4.420 Applicability of general rules.

4.421 Definitions.

4.422 Documents.

4.423 Subpoena power and witness provisions.



             Hearings on Appeals Involving Questions of Fact



4.430 Prehearing conferences.

4.431 Fixing of place and date for hearing; notice.

4.432 Postponements.

4.433 Authority of the administrative law judge.

4.434 Conduct of hearing.

4.435 Evidence.

4.436 Reporter's fees.

4.437 Copies of transcript.

4.438 Summary of evidence.

4.439 Action by administrative law judge.



                     Contest and Protest Proceedings



4.450 Private contests and protests.

4.450-1 By whom private contest may be initiated.

4.450-2 Protests.

4.450-3 Initiation of contest.

4.450-4 Complaints.

4.450-5 Service.

4.450-6 Answer to complaint.

4.450-7 Action by manager.

4.450-8 Amendment of answer.



[[Page 61]]



4.451 Government contests.

4.451-1 How initiated.

4.451-2 Proceedings in Government contests.

4.452 Proceedings before the administrative law judge.

4.452-1 Prehearing conferences.

4.452-2 Notice of hearing.

4.452-3 Postponements.

4.452-4 Authority of administrative law judge.

4.452-5 Conduct of hearing.

4.452-6 Evidence.

4.452-7 Reporter's fees.

4.452-8 Findings and conclusions; decision by administrative law judge; 

          submission to Board for decision.

4.452-9 Appeal to Board.



        Grazing Procedures (Inside and Outside Grazing Districts)



4.470 How to appeal a final BLM grazing decision to an administrative 

          law judge.

4.471 How to petition for a stay of a final BLM grazing decision.

4.472 Action on an appeal and petition for a stay.

4.473 Time and place of hearing; notice; intervenors.

4.474 Authority of administrative law judge.

4.475 Service.

4.476 Conduct of hearing; reporter's fees; transcript.

4.477 Findings of fact and decision by administrative law judge: Notice; 

          submission to Board of Land Appeals for decision.

4.478 Appeals to the Board of Land Appeals; judicial review.

4.479 Effectiveness of decision during appeal.

4.480 Conditions of decision action.



 Subpart F_Implementation of the Equal Access to Justice Act in Agency 

                               Proceedings



                           General Provisions



4.601 What is the purpose of this subpart?

4.602 What definitions apply to this subpart?

4.603 What proceedings are covered by this subpart?

4.604 When am I eligible for an award?

4.605 Under what circumstances may I receive an award?

4.606 What fees and expenses may be allowed?



                  Information Required from Applicants



4.610 What information must my application for an award contain?

4.611 What information must I include in my net worth exhibit?

4.612 What documentation of fees and expenses must I provide?

4.613 When may I file an application for an award?



                 Procedures for Considering Applications



4.620 How must I file and serve documents?

4.621 When may the Department or other agency file an answer?

4.622 When may I file a reply?

4.623 When may other parties file comments?

4.624 When may further proceedings be held?

4.625 How will my application be decided?

4.626 How will my appeal from a decision be handled?

4.627 May I seek judicial review of a final decision?

4.628 How will I obtain payment of an award?



    Subpart G_Special Rules Applicable to Other Appeals and Hearings



4.700 Who may appeal.

4.701 Notice of appeal.

4.702 Transmittal of appeal file.

4.703 Pleadings.

4.704 Decisions on appeals.



Subpart H [Reserved]



Subpart I_Special Procedural Rules Applicable to Practice and Procedure 

for Hearings, Decisions, and Administrative Review Under Part 17 of This



Title_Nondiscrimination in Federally Assisted Programs of the Department 

of the Interior_Effectuation of Title VI of the Civil Rights Act of 1964



                                 General



4.800 Scope and construction of rules.

4.801 Suspension of rules.

4.802 Definitions.

4.803 Computation of time.

4.804 Extensions of time.

4.805 Reduction of time to file documents.



      Designation and Responsibilities of Administrative Law Judge



4.806 Designation.

4.807 Authority and responsibilities.



                         Appearance and Practice



4.808 Participation by a party.

4.809 Determination of parties.

4.810 Complainants not parties.

4.811 Determination and participation of amici.



                      Form and Filing of Documents



4.812 Form.

4.813 Filing and service.

4.814 Certificate of service.



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                               Procedures



4.815 How proceedings are commenced.

4.816 Notice of hearing and response thereto.

4.817 Notice of opportunity to request a hearing and response thereto.

4.818 Answer.

4.819 Amendment of notice or answer.

4.820 Consolidated or joint hearings.

4.821 Motions.

4.822 Disposition of motions.

4.823 Interlocutory appeals.

4.824 Exhibits.

4.825 Admissions as to facts and documents.

4.826 Discovery.

4.827 Depositions.

4.828 Use of depositions at hearing.

4.829 Interrogatories to parties.

4.830 Production of documents and things and entry upon land for 

          inspection and other purposes.

4.831 Sanctions.

4.832 Consultation and advice.



                               Prehearing



4.833 Prehearing conferences.



                                 Hearing



4.834 Purpose.

4.835 Evidence.

4.836 Official notice.

4.837 Testimony.

4.838 Objections.

4.839 Exceptions.

4.840 Offer of proof.

4.841 Official transcript.



                         Posthearing Procedures



4.842 Proposed findings of fact and conclusions of law.

4.843 Record for decision.

4.844 Notification of right to file exceptions.

4.845 Final review by Secretary.



Subpart J_Special Rules Applicable to Appeals Concerning Federal Oil and 

                    Gas Royalties and Related Matters



4.901 What is the purpose of this subpart?

4.902 What appeals are subject to this subpart?

4.903 What definitions apply to this subpart?

4.904 When does my appeal commence and end?

4.905 What if a due date falls on a day the Department or relevant 

          office is not open for business?

4.906 What if the Department does not issue a decision by the date my 

          appeal ends?

4.907 What if an IBLA decision requires MMS or a delegated State to 

          recalculate royalties or other payments?

4.908 What is the administrative record for my appeal if it is deemed 

          decided?

4.909 How do I request an extension of time?



Subpart K [Reserved]



 Subpart L_Special Rules Applicable to Surface Coal Mining Hearings and 

                                 Appeals



                           General Provisions



4.1100 Definitions.

4.1101 Jurisdiction of the Board.

4.1102 Construction.

4.1103 Eligibility to practice.

4.1104 General rules relating to procedure and practice.

4.1105 Parties.

4.1106 Hearing sites.

4.1107 Filing of documents.

4.1108 Form of documents.

4.1109 Service.

4.1110 Intervention.

4.1111 Voluntary dismissal.

4.1112 Motions.

4.1113 Consolidation of proceedings.

4.1114 Advancement of proceedings.

4.1115 Waiver of right to hearing.

4.1116 Status of notices of violation and orders of cessation pending 

          review by the Office of Hearings and Appeals.



                          Evidentiary Hearings



4.1120 Presiding officers.

4.1121 Powers of administrative law judges.

4.1122 Conduct of administrative law judges.

4.1123 Notice of hearing.

4.1124 Certification of interlocutory ruling.

4.1125 Summary decision.

4.1126 Proposed findings of fact and conclusions of law.

4.1127 Initial orders and decisions.

4.1128 Effect of initial order or decision.

4.1129 Certification of record.



                                Discovery



4.1130 Discovery methods.

4.1131 Time for discovery.

4.1132 Scope of discovery.

4.1133 Sequence and timing of discovery.

4.1134 Supplementation of responses.

4.1135 Motion to compel discovery.

4.1136 Failure to comply with orders compelling discovery.

4.1137 Depositions upon oral examination or upon written questions.

4.1138 Use of depositions.

4.1139 Written interrogatories to parties.

4.1140 Production of documents and things and entry upon land for 

          inspection and other purposes.

4.1141 Admissions.



     Petitions for Review of Proposed Assessments of Civil Penalties



4.1150 Who may file.

4.1151 Time for filing.

4.1152 Contents of petition; payment required.



[[Page 63]]



4.1153 Answer.

4.1154 Review of waiver determination.

4.1155 Burdens of proof in civil penalty proceedings.

4.1156 Summary disposition.

4.1157 Determination by administrative law judge.

4.1158 Appeals.



   Review of Section 521 Notices of Violation and Orders of Cessation



4.1160 Scope.

4.1161 Who may file.

4.1162 Time for filing.

4.1163 Effect of failure to file.

4.1164 Contents of application.

4.1165 Answer.

4.1166 Contents of answer.

4.1167 Notice of hearing.

4.1168 Amendments to pleadings.

4.1169 Failure to state a claim.

4.1170 Related notices or orders.

4.1171 Burden of proof in review of section 521 notices or orders.



 Expedited Review of Section 521(a)(2) or 521(a)(3) Orders of Cessation



4.1180 Purpose.

4.1181 Who may file.

4.1182 Where to file.

4.1183 Time for filing.

4.1184 Contents of application.

4.1185 Computation of time for decision.

4.1186 Waiver of the 30-day decision requirement.

4.1187 Procedure if 30-day decision requirement is not waived.



   Proceedings for Suspension or Revocation of Permits Under Section 

                          521(a)(4) of the Act



4.1190 Initiation of proceedings.

4.1191 Answer.

4.1192 Contents of answer.

4.1193 Notice of hearing.

4.1194 Burden of proof in suspension or revocation proceedings.

4.1195 Determination by the administrative law judge.

4.1196 Summary disposition.

4.1197 Appeals.



Applications for Review of Alleged Discriminatory Acts Under Section 703 

                               of the Act



4.1200 Filing of the application for review with the Office of Hearings 

          and Appeals.

4.1201 Request for scheduling of a hearing.

4.1202 Response to request for the scheduling of a hearing.

4.1203 Application for temporary relief from alleged discriminatory 

          acts.

4.1204 Determination by administrative law judge.

4.1205 Appeals.



                    Applications for Temporary Relief



4.1260 Scope.

4.1261 When to file.

4.1262 Where to file.

4.1263 Contents of application.

4.1264 Response to application.

4.1265 Determination on application concerning a notice of violation 

          issued pursuant to section 521(a)(3) of the Act.

4.1266 Determination on application concerning an order of cessation.

4.1267 Appeals.



  Appeals to the Board From Decisions or Orders of Administrative Law 

                                 Judges



4.1270 Petition for discretionary review of a proposed civil penalty.

4.1271 Notice of appeal.

4.1272 Interlocutory appeals.

4.1273 Briefs.

4.1274 Remand.

4.1275 Final decisions.

4.1276 Reconsideration.



   Appeals to the Board From Decisions of the Office of Surface Mining



4.1280 Scope.

4.1281 Who may appeal.

4.1282 Appeals; how taken.

4.1283 Service.

4.1284 Answer.

4.1285 Summary dismissal.

4.1286 Request for hearings.



 Petitions for Award of Costs and Expenses Under Section 525(e) of the 

                                   Act



4.1290 Who may file.

4.1291 Where to file; time for filing.

4.1292 Contents of petition.

4.1293 Answer.

4.1294 Who may receive an award.

4.1295 Awards.

4.1296 Appeals.



 Petitions for Review of Proposed Individual Civil Penalty Assessments 

                     Under Section 518(f) of the Act



4.1300 Scope.

4.1301 Who may file.

4.1302 Time for filing.

4.1303 Contents and service of petition.

4.1304 Answer, motion, or statement of OSM.

4.1305 Amendment of petition.

4.1306 Notice of hearing.

4.1307 Elements; burdens of proof.

4.1308 Decision by administrative law judge.

4.1309 Petition for discretionary review.



[[Page 64]]



 Request for Hearing on a Preliminary Finding Concerning a Demonstrated 

Pattern of Willful Violations Under Section 510(c) of the Act, 30 U.S.C. 

  1260(c) (Federal Program; Federal Lands Program; Federal Program for 

                              Indian Lands)



4.1350 Scope.

4.1351 Preliminary finding by OSM.

4.1352 Who may file; where to file; when to file.

4.1353 Contents of request.

4.1354 Determination by the administrative law judge.

4.1355 Burden of proof.

4.1356 Appeals.



 Request for Review of Approval or Disapproval of Applications for New 

Permits, Permit Revisions, Permit Renewals, the Transfer, Assignment or 

  Sale of Rights Granted Under Permit (Federal Program; Federal Lands 

  Program; Federal Program for Indian Lands) and for Coal Exploration 

                        Permits (Federal Program)



4.1360 Scope.

4.1361 Who may file.

4.1362 Where to file; when to file.

4.1363 Contents of request; amendment of request; responses.

4.1364 Time for hearing; notice of hearing; extension of time for 

          hearing.

4.1365 Status of decision pending administrative review.

4.1366 Burdens of proof.

4.1367 Request for temporary relief.

4.1368 Determination by the Administrative Law Judge.

4.1369 Petition for discretionary review; judicial review.



Review of OSM Decisions Proposing To Suspend or Rescind or Suspending or 

                 Rescinding Improvidently Issued Permits



4.1370 Scope.

4.1371 Who may file, where to file, when to file.

4.1372 Contents of request for review, response to request, amendment of 

          request.

4.1373 Hearing.

4.1374 Burdens of proof.

4.1375 Time for initial decision.

4.1376 Petition for temporary relief from notice of proposed suspension 

          or rescission or notice of suspension or rescission; appeals 

          from decisions granting or denying temporary relief.

4.1377 Petition for discretionary review of initial decision.



    Review of Office of Surface Mining Written Decisions Concerning 

                     Ownership or Control Challenges



4.1380 Scope.

4.1381 Who may file; when to file; where to file.

4.1382 Contents of request for review; response to request; amendment of 

          request.

4.1383 Hearing.

4.1384 Burdens of proof.

4.1385 Time for initial decision.

4.1386 Petition for temporary relief from decision; appeals from 

          decisions granting or denying temporary relief.

4.1387 Petition for discretionary review of initial decisions.



Request for Review of OSM Determinations of Issues Under 30 CFR Part 761 

  (Federal Program; Federal Lands Program; Federal Program for Indian 

                                 Lands)



4.1390 Scope.

4.1391 Who may file; where to file; when to file; filing of 

          administrative record.

4.1392 Contents of request; amendment of request; responses.

4.1393 Status of decision pending administrative review.

4.1394 Burden of proof.



 Subpart M_Special Procedural Rules Applicable to Appeals of Decisions 

                      Made Under OMB Circular A	76



4.1600 Purpose and nature of the appeal process.

4.1601 Basis for appeal.

4.1602 Who may appeal under this procedure.

4.1603 Appeal period.

4.1604 Method of filing an appeal.

4.1605 Action by the Office of Hearings and Appeals.

4.1606 Department representation.

4.1607 Processing the appeal.

4.1608 Oral presentations.

4.1609 Multiple appeals.

4.1610 Decision of the appeals official.



    Authority: 5 U.S.C. 301; 43 U.S.C. 1201.



    Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.







    The Office of Hearings and Appeals, headed by a Director, is an 

authorized representative of the Secretary for the purpose of hearing, 

considering and determining, as fully and finally as might the 

Secretary, matters within the jurisdiction of the Department involving 

hearings, and appeals and other review



[[Page 65]]



functions of the Secretary. Principal components of the Office include:

    (a) A Hearings Division comprised of administrative law judges who 

are authorized to conduct hearings in cases required by law to be 

conducted pursuant to 5 U.S.C. 554, and hearings in other cases arising 

under statutes and regulations of the Department, including rule making 

hearings, and

    (b) Appeals Boards, shown below, with administrative jurisdiction 

and special procedural rules as indicated. General rules applicable to 

all types of proceedings are set forth in subpart B of this part. 

Therefore, for information as to applicable rules, reference should be 

made to the special rules in the subpart relating to the particular type 

of proceeding, as indicated, and to the general rules in subpart B of 

this part. Wherever there is any conflict between one of the general 

rules in subpart B of this part and a special rule in another subpart 

applicable to a particular type of proceeding, the special rule will 

govern. Reference should be made also to the governing laws, substantive 

regulations and policies of the Department relating to the proceeding. 

In addition, reference should be made to part 1 of this subtitle which 

regulates practice before the Department of the Interior.

    (1) Board of Contract Appeals. The Board considers and decides 

finally for the Department appeals to the head of the Department from 

findings of fact or decisions by contracting officers of any bureau or 

office of the Department, wherever situated, or any field installation 

thereof, and orders and conducts hearings as necessary. Special 

regulations applicable to proceedings before the Board are contained in 

subpart C of this part.

    (2) Board of Indian Appeals. The Board decides finally for the 

Department appeals to the head of the Department pertaining to:

    (i) Administrative actions of officials of the Bureau of Indian 

Affairs, issued under 25 CFR chapter I, except as limited in 25 CFR 

chapter I or Sec.  4.330 of this part, and

    (ii) Orders and decisions of Administrative Law Judges in Indian 

probate matters other than those involving estates of the Five Civilized 

Tribes of Indians. The Board also decides such other matters pertaining 

to Indians as are referred to it by the Secretary, the Director of the 

Office of Hearings and Appeals, or the Assistant Secretary-Indian 

Affairs for exercise of review authority of the Secretary. Special 

regulations applicable to proceedings before the Board are contained in 

subpart D of this part.

    (3) Board of Land Appeals. The Board decides finally for the 

Department appeals to the head of the Department from decisions rendered 

by Departmental officials relating to: (i) The use and disposition of 

public lands and their resources, including land selections arising 

under the Alaska Native Claims Settlement Act, as amended; (ii) the use 

and disposition of mineral resources in certain acquired lands of the 

United States and in the submerged lands of the Outer Continental Shelf; 

and (iii) the conduct of surface coal mining under the Surface Mining 

Control and Reclamation Act of 1977. Special procedures for hearings, 

appeals and contests in public land cases are contained in subpart E of 

this part; special procedures for hearings and appeals under the Surface 

Mining Control and Reclamation Act of 1977 are contained in subpart L of 

this part.

    (4) Ad Hoc Board of Appeals. Appeals to the head of the Department 

which do not lie within the appellate review jurisdiction of an 

established Appeals Board and which are not specifically excepted in the 

general delegation of authority to the Director may be considered and 

ruled upon by the Director or by Ad Hoc Boards of Appeals appointed by 

the Director to consider the particular appeals and to issue decisions 

thereon, deciding finally for the Department all questions of fact and 

law necessary for the complete adjudication of the issues. Jurisdiction 

of the Boards would include, but not be limited to, the appellate and 

review authority of the Secretary referred to in parts 13, 21, and 230 

of this title, and in 36 CFR parts 8 and 20. Special regulations 

applicable to proceedings in such



[[Page 66]]



cases are contained in subpart G of this part.



(Sec.  525, Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 

1275, and Sec.  301, Administrative Procedure Act, 5 U.S.C. 301)



[36 FR 7186, Apr. 15, 1971, as amended at 40 FR 33172, Aug. 6, 1975; 47 

FR 26392, June 18, 1982; 49 FR 7565, Mar. 1, 1984; 54 FR 6485, Feb. 10, 

1989; 61 FR 47434, Sept. 9, 1996; 61 FR 49976, Sept. 24, 1996]