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the notice of appeal was filed. In any case, the appellant shall be permitted to file with the Board additional statements of reasons and written arguments or briefs within the 20-day period after filing the notice of appeal.

motion, refer any case to an administrative law judge for a hearing on an issue of fact. If a hearing is ordered, the Board shall specify the issues upon which the hearing is to be held.


8 4.1283 Service.

(a) The appellant shall serve personally or by certified mail, return receipt requested, a copy of the notice of appeal and a copy of any statement of reasons, written arguments, or other documents on each party within 15 days after filing the document. Proof of service shall be filed with the Board within 15 days after service.

(b) Failure to serve may subject the appeal to summary dismissal pursuant to § 4.1285.

$ 4.1290 Who may file.

(a) Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any administrative proceeding under the Act which results in

(1) A final order being issued by an administrative law judge; or

(2) A final order being issued by the Board.

§ 4.1291 Where to file; time for filing.

The petition for an award of costs and expenses including attorneys' fees must be filed with the administrative law judge who issued the final order, or if the final order was issued by the Board, with the Board, within 45 days of receipt of such order. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.

& 4.1284 Answer.

(a) Any party served with a notice of appeal who wishes to participate in the proceedings on appeal shall file an answer with the Board within 20 days after service of the notice of appeal or statement of reasons where such statement was not included in the notice of appeal.

(b) If additional reasons, written arguments or other documents are filed by the appellant, a party shall have 20 days after service thereof within which to answer. The answer shall state the reasons the party opposes or supports the appeal. § 4.1285 Summary dismissal.

An appeal shall be subject to summary dismissal, in the discretion of the Board, for failure to file or serve, upon all persons required to be served, a notice of appeal or a statement of reasons for appeal. § 4.1286 Request for hearings.

(a) Any party may request the Board to order a hearing before an administrative law judge in order to present evidence on an issue of fact. Such a request shall be made in writing and filed with the Board within 20 days after the answer is due. Copies of the request shall be served in accordance with § 4.1283.

(b) The allowance of a request for a hearing is within the discretion of the Board, and the Board may, on its own

§ 4.1292 Contents of petition.

(a) A petition filed under this section shall include the name of the person from whom costs and expenses are sought and the following shall be submitted in support of the petition

(1) An affidavit setting forth in detail all costs and expenses including attorneys' fees reasonably incurred for, or in connection with, the person's participation in the proceeding;

(2) Receipts or other evidence of such costs and expenses; and

(3) Where attorneys' fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual or individuals performing the services.

purpose of harassing or embarrassing the Government.

$ 4.1293 Answer.

Any person served with a copy of the petition shall have 30 days from service of the petition within which to file an answer to such petition.

8 4.1295 Awards.

An award under these sections may include

(a) All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred as a result of initiation and/or participation in a proceeding under the Act; and

(b) All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred in seeking the award in OHA.

$ 4.1296 Appeals.

Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding under this Act may appeal such award to the Board under procedures set forth in § 4.1271 et seq., unless the Board has made the initial decision concerning such an award.

Subpart M-Special Procedural Rules

Applicable to Appeals of Decisions Made Under OMB Circular A-76

§ 4.1294 Who may receive an award.

Appropriate costs and expenses including attorneys' fees may be awarded

(a) To any person from the permittee, if

(1) The person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the Act, regulations or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the administrative law judge or Board determines that the person made a substantial contribution to the full and fair determination of the issues; or

(2) The person initiates an application for review of alleged discrimina. tory acts, pursuant to 30 CFR Part 830, upon a finding of discriminatory discharge or other acts of discrimination.

(b) To any person other than a permittee or his representative from OSM, if the person initiates or participates in any proceeding under the Act upon a finding that the person made a substantial contribution to a full and fair determination of the issues.

(c) To a permittee from OSM when the permittee demonstrates that OSM issued an order of cessation, a notice of violation or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee; or

(d) To a permittee from any person where the permittee demonstrates that the person initiated a proceeding under section 525 of the Act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee.

(e) To OSM where it demonstrates that any person applied for review pursuant to section 525 of the Act or that any party participated in such a proceeding in bad faith and for the

AUTHORITY: 5 U.S.C. 301.

SOURCE: 45 FR 75213, Nov. 14, 1980, unless otherwise noted.

& 4.1300 Purpose and nature of the appeal

process. (a) This appeals procedure embodies an informal administrative review of agency decisions made under OMB Circular A-76, and is intended to assure that such decisions are fair, equitable, and in compliance with the provisions of the Circular. This procedure provides affected parties an opportunity to request that such decisions be objectively reviewed by a party independent of the A-76 decision process.

(b) This appeals procedure is administrative rather than judicial in nature, and does not provide for a judicial review or for further levels of appeal. The decisions of the appeals official are final.

(c) This procedure is intended to protect the rights of all affected parties and, therefore, neither the procedure nor agency determinations may

be subject to negotiation, arbitration, appellant, the director or other approor agreements with any one of the priate official of the bureau or office parties.

involved, and the Solicitor of the De

partment. § 4.1301 Basis for appeal.

(a) An appeal may be based only on 8 4.1306 Department representation. a specific alleged material deviation (a) Upon receipt of the docketing (or deviations) by the agency from the

notice, the Solicitor shall appoint provisions of OMB Circular A-76 or

counsel to represent the Department Supplement No. 1 thereto, the “Cost

in the appeal action, and so notify the Comparison Handbook.” Appeals may

appellant and the appeals official. not be based on other factors, such as the economic impact of the agency's

(b) Within seven calendar days of

his designation the Department Coundecision on a community, or other socioeconomic issues.

sel shall assemble and transmit to the (b) This appeals procedure shall be

appeals official a file containing the used only to resolve questions of the

appealed agency decision and all docudetermination between contract and

ments relevant thereto, including the in-house performance of a commercial

detailed analysis upon which the or industrial type requirement, and

agency decision was based. At the shall not apply to questions concern- same time, the Department Counsel ing award to one contractor in prefer shall send to the appellant a copy of ence to another.

the transmittal document, containing

a table of contents of the file. § 4.1302 Who may appeal under this procedure.

8 4.1307 Processing the appeal. An appeal may be filed by any af (a) The appeals official shall arrange fected party, viz, employees of the such conferences with the concerned Federal activity under review, author

parties as are necessary, including (if ized employee representative organiza

requested by the appellant) an oral tions, contractors, and potential con

presentation. tractors.

(b) The appeals official may require 8 4.1303 Appeal period.

either party to submit any additional

documents, oral or written testimony, An appeal may be submitted at any

or other items of evidence which he time within 45 calendar days after an

considers necessary for a complete nouncement of an agency decision re

review of the agency decision, garding the method of performance of

(c) All documentary evidence suba commercial or industrial type requirement.

mitted by one party to the appeal

action shall be made available to the 4.1304 Method of filing an appeal.

other party (or parties), except that An appeal must be in writing, and

availability of proprietary information must be submitted to: Director, Office

may be restricted by the party holding of Hearings and Appeals, U.S. Depart.

the proprietary interest in such informent of the Interior, Room 1111, Ball

mation. ston Towers Building No. 3, 4015

$ 4.1308 Oral presentations. Wilson Boulevard, Arlington, Virginia 22203.

(a) Upon request of the appellant,

an opportunity for an oral presenta8 4.1305 Action by the Office of Hearings tion to the appeals official shall be and Appeals.

granted. The purpose of an oral pres(a) Upon receipt of an appeal, the entation shall be to permit the appelDirector, Office of Hearings and Ap- lant to discuss or explain factual evi. peals shall designate an appeals offi dence supporting his allegations, and/ cial, who shall process the appeal.

or to obtain oral explanations of perti(b) The appeals official shall nent evidence. The time and place of promptly docket the appeal and send each oral presentation shall be detercopies of the docketing notice to the mined by the appeals official, after


consultation with the appropriate par- PART 5—MAKING PICTURES, TELEVIies.

SION PRODUCTIONS OR SOUND (b) The appellant may, but is not re

TRACKS ON CERTAIN AREAS quired to be represented by legal

UNDER THE JURISDICTION OF THE counsel at an oral presentation.

(c) The Department Counsel and the DEPARTMENT OF THE INTERIOR bureau/office involved shall be invited to attend any oral presentation. The appeals official may require the at

e at 5.1 Areas administered by United States tendance and participation of an offi

Fish and Wildlife Service or National

Park Service. cial or employee of the Department,



5.2 Areas administered by the Bureau of whether or not requested by the ap

Indian Affairs. pellant, if, in the appeals official's judgment, such official or employee

AUTHORITY: R.S. 463, sec. 3, 39 Stat. 535, may possess knowledge or information

as amended, sec. 10, 45 Stat. 1224, as amend

ed; 5 U.S.C. 301, 25 U.S.C. 2, 16 U.S.C. 715i. pertinent to the agency decision being appealed, and if this knowledge or in

$ 5.1 Areas administered by United States formation is unobtainable elsewhere.

Fish and Wildlife Service or National (d) An oral presentation shall not

Park Service. constitute a judicial proceeding, and no such judicial proceeding or hearing (a) Permit required. No picture may shall be provided for in this appeals be filmed, and no television production process. There shall be no requirement or sound track made on any area adfor legal briefs, sworn statements, in- ministered by the United States Fish terrogation under oath, official tran- and Wildlife Service or the National scripts of testimony, etc., unless the Park Service, of the Department of appeals official determines such are

nines such are the Interior, by any person other than necessary for effective disposition of amateur or bona fide newsreel and the appeal.

news television photographers and

soundmen, unless written permission $ 4.1309 Multiple appeals.

has been obtained from the Service If two or more appellants submit ap

having jurisdiction over the area. Appeals of the same agency decision. plications for permission should be which are based on the same or simi- submitted to the local official having lar allegations, the appeals official administrative responsibility for the may, at his discretion, consider all may at his discretion consider all area involved. such appeals concurrently and issue a (b) Fees; bonds. (1) No fees will be single written decision resolving all of charged for the making of motion picthe several appeals.

tures, television productions or sound

tracks on areas administered by the $ 4.1310 Decision of the appeals official. United States Fish and Wildlife Sery(a) Within 30 calendar days after re

ice or the National Park Service. The ceipt of an appeal by the Office of regular general admission and other Hearings and Appeals, the appeals of- fees currently in effect in any area ficial shall issue a written decision, under the jurisdiction of the

under the jurisdiction of the National either affirming or denying the Park Service are not affected by this appeal. This decision shall be final. paragraph. with no judicial review or further (2) A bond shall be furnished, or deavenue of appeal.

posit made in cash or by certified (b) If the appeals official affirms the check, in an amount to be set by the appeal, his decision regarding further official in charge of the area to insure action by the agency shall be binding full compliance with all of the condiupon the agency.

tions prescribed in paragraph (d) (3) of (c) If it proves impracticable to issue this section. a decision within the prescribed 30 cal. (c) Approval of application. Permisendar days, the appeals official may sion to make a motion picture, televiextend this period, notifying all con- sion production or sound track on cerned parties of the anticipated deci- areas administered by the United sion date.

States Fish and Wildlife Service or the

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National Park Service will be granted by the head of the Service or his authorized representative in his discretion and on acceptance by the applicant of the conditions set forth in paragraph (d) (3) of this section.

(d) Form of application. The following form is prescribed for an application for permission to make a motion picture, television production, or sound track on areas administered by the United States Fish and Wildlife Service or the National Park Service:

(Title) [22 FR 1987, Mar. 26, 1957, as amended at 36 FR 2972, Feb. 13, 1971)

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$ 5.2 Areas administered by the Bureau of

Indian Affairs. (a) Individual Indians. Anyone who desires to go on the land of an Indian to make pictures, television productions or sound tracks is expected to observe the ordinary courtesy of first obtaining permission from the Indian and of observing any conditions attached to such permission.

(b) Indian groups and communities. Anyone who desires to take pictures, including motion pictures, or to make a television production or a sound track of Indian communities, churches, kivas, plazas, or ceremonies performed in such places, must obtain prior permission from the proper officials of the place or community. Limitations which such officials may impose must be scrupulously observed.

(c) Use of Indian lands. If the filming of pictures or the making of televi. sion productions or sound tracks requires the actual use of Indian lands, a lease or permit must be obtained pursuant to 25 CFR Part 131.

(d) Employment of Indians. Any motion picture or television producer who obtains a lease or permit for the use of Indian land pursuant to 25 CFR Part 131 shall be expected to pay a fair and reasonable wage to any Indians employed in connection with the production activities. [22 FR 1987, Mar. 26, 1957)

(An additional sheet should be used if necessary.)

(3) The undersigned accepts and will comply with the following conditions:

(i) Utmost care will be exercised to see that no natural features are injured, and after completion of the work the area will as required by the official in charge, either be cleaned up and restored to its prior condition or left, after clean-up, in a condition satisfactory to the official in charge.

(ii) Credit will be given to the Department of the Interior and the Service involved through the use of an appropriate title or announcement, unless there is issued by the official in charge of the area a written statement that no such courtesy credit is desired

(iii) Pictures will be taken of wildlife only when such wildlife will be shown in its natural state or under approved management conditions if such wildlife is confined.

(iv) [Deleted]

(v) Any special instructions received from the official in charge of the area will be complied with.

(vi) Any additional information relating to the privilege applied for by this application will be furnished upon request of the official in charge.


Subpart A-Inventions by Employees Sec. 6.1 Definitions. 6.2 Report of invention. 6.3 Action by supervisory officials. 6.4 Action by Solicitor. 6.5 Rights in inventions. 6.6 Appeals by employees. 6.7 Domestic patent protection. 6.8 Foreign filing. 6.9 Publication and public use of invention

before patent application is filed.

(Applicant) For---

(Company) Bond Requirement $ --

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