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Subtitle A-Office of the
Secretary of the Interior

NOTE: Nomenclature changes affecting Subtitle A appear at 38 FR 10939, May 3, 1973.

EDITORIAL NOTE: For the Table of Public Land Orders formerly appearing in this volume, see the Appendix to Chapter II, Title 43, Code of Federal Regulations, Parts 4000 to End.

Part
1
2
3

Page

5 6 33 35

6 7 8

145 146 155

13 14 15 16 17

Practices before the Department of the Interior ....
Records and testimony ....... ....
Preservation of American antiquities .............
Department hearings and appeals procedures.....
Making pictures, television productions or sound

tracks on certain areas under the jurisdiction of

the Department of the Interior....
Patent regulations............
Employees: Interest in lands and resources
Joint policies of the Departments of the Interior

and of the Army relative to reservoir project

lands
Vending facilities operated by blind persons ...
Petitions for rulemaking .............
Key Largo Coral Reef Preserve..
Conservation of helium ......
Nondiscrimination in federally-assisted programs

of the Department of the Interior-Effectuation

of Title VI of the Civil Rights Act of 1964 .........
Wilderness preservation ............
Employee responsibilities and conduct .....
Occupancy of cabin sites on public conservation

and recreation areas
Administrative claims under Federal Tort Claims

Act.................
Surface exploration, mining and reclamation of

lands .......
Preservation, use, and management of fish and

wildlife resources....

157 158 161 161 163

19 20 21

164 176 180

226

22

230

23

232

24

241 Part 26

Page

242

27

28 29 32

248 259 260

Grants to states for establishing Youth Conserva

tion Corps programs ........
Nondiscrimination in activities conducted under

permits, rights-of-way, public land orders, and
other Federal authorizations granted or issued

under Title II of Public Law 93-153...
Fire protection emergency assistance..
Trans-Alaska Pipeline Liability Fund............
Grants to states for establishing Young Adult

Conservation Corps (YACC) program...............
Allocation of duty-free watches from the Virgin

Islands, Guam, and American Samoa.....
Requirements for equal opportunity during con-

struction and operation of the Alaska Natural

Gas Transportation System .........
Non-discrimination against minority and women-

owned business enterprises in outer continental
shelf leasing activities (eff. through 10-16-81) .....

267

33

277

34

278

35

288

PART 1- PRACTICES BEFORE THE DEPARTMENT OF THE INTERIOR

Sec.
1.1 Purpose.
1.2 Definitions.
1.3 Who may practice.
1.4 Disqualifications.
1.5 Signature to constitute certificate.
1.6 Disciplinary proceedings.

AUTHORITY: Sec. 5, 23 Stat. 101; 43 U.S.C. 1464.

SOURCE: 29 FR 143, Jan. 7, 1964, unless otherwise noted.

$ 1.1 Purpose.

This part governs the participation of individuals in proceedings, both formal and informal, in which rights are asserted before, or privileges sought from, the Department of the Interior.

8 1.2 Definitions.

As used in this part the term:

(a) Department” includes any bureau, office, or other unit of the Department of the Interior, whether in Washington, D.C., or in the field, and any officer or employee thereof;

(b) “Solicitor" means the Solicitor of the Department of the Interior or his authorized representative;

(c) “Practice” includes any action taken to support or oppose the assertion of a right before the Department or to support or oppose a request that the Department grant a privilege; and the term “practice” includes any such action whether it relates to the substance of, or to the procedural aspects of handling, a particular matter. The term “practice” does not include the preparation or filing of an application, the filing without comment of documents prepared by one other than the individual making the filing, obtaining from the Department information that is available to the public generally, or the making of inquiries respecting the status of a matter pending before the Department. Also, the term "practice” does not include the representation of an employee who is the subject of disciplinary, loyalty, other personnel administrative proceedings.

§ 1.3 Who may practice.

(a) Only those individuals who are eligible under the provisions of this section may practice before the Department, but this provision shall not be deemed to restrict the dealings of Indian tribes or members of Indian tribes with the Department.

(b) Unless disqualified under the provisions of $ 1.4 or by disciplinary action taken pursuant to § 1.6:

(1) Any individual who has been formally admitted to practice before the Department under any prior regulations and who is in good standing on December 31, 1963, shall be permitted to practice before the Department.

(2) Attorneys at law who are admitted to practice before the courts of any State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Trust Territory of the Pacific Islands, or the District Court of the Virgin Islands will be permitted to practice without filing an application for such privilege.

(3) An individual who is not otherwise entitled to practice before the Department may practice in connection with a particular matter on his own behalf or on behalf of (i) a member of his family; (ii) a partnership of which he is a member; (iii) a corporation, business trust, or an association, if such individual is an officer or fulltime employee; (iv) a receivership, decedent's estate, or a trust or estate of which he is the receiver, administrator, or other similar fiduciary; (v) the lessee of a mineral lease that is subject to an operating agreement or sublease which has been approved by the Department and which grants to such individual a power of attorney; (vi) a Federal, State, county, district, territorial, or local government' or agency thereof, or a government corporation, or a district or advisory board established pursuant to statute; or (vii) an association or class of individuals who have no specific interest that will be directly affected by the disposition of the particular matter.

or

8 1.4 Disqualifications.

No individual may practice before the Department if such practice would

violate the provisions of 18 U.S.C., secs. 203, 205, or 207.

$ 1.5 Signature to constitute certificate.

When an individual who appears in a representative capacity signs a paper in practice before the Department, his signature shall constitute his certificate:

(a) That under the provisions of this part and the law, he is authorized and qualified to represent the particular party in the matter;

(b) That, if he is the partner of a present or former officer or employee, including a special Government employee, the matter in respect of which he intends to practice is not a matter in which such officer or employee of the Government or special Government employee participates or has participated personally and substantially as а Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise and that the matter is not the subject of such partner's official Government responsibility;

(c) That, if he is a former officer or employee, including a special Government employee, the matter in respect of which he intends to practice is not a matter in which he participated personally and substantially as a Government employee through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, while so employed and, if a period of one year has not passed since the termination of his employment with the Government, that the matter was not under his official responsibility as an officer or employee of the Government; and

(d) That he has read the paper; that to the best of his knowledge, information, and belief there is good ground to support its contents; that it contains no scandalous or indecent matter; and that it is not interposed for delay. 8 1.6 Disciplinary proceedings.

(a) Disciplinary proceedings may be instituted against anyone who is practicing or has practiced before the Department on grounds that he is incompetent, unethical, or unprofessional, or that he is practicing without au

thority under the provisions of this part, or that he has violated any provisions of the laws and regulations governing practice before the Department, or that he has been disbarred or suspended by any court or administrative agency. Individuals practicing before the Department should observe the Canons of Professional Ethics of the American Bar Association and those of the Federal Bar Association, by which the Department will be guided in disciplinary matters.

(b) Whenever in the discretion of the Solicitor the circumstances warrant consideration of the question whether disciplinary action should be taken against an individual who is practicing or has practiced before the Department, the Solicitor shall appoint a hearing officer to consider and dispose of the case. The hearing officer shall give the individual adequate notice of, and an opportunity for a hearing

on, the specific charges against him. The hearing shall afford the individual an opportunity to present evidence and cross-examine witnesses. The hearing officer shall render a decision either (1) dismissing the charges, or (2) reprimanding the individual or suspending or excluding him from practice before the Department.

(c) Within 30 days after receipt of the decision of the hearing officer reprimanding, suspending, or excluding an individual from practice before the Department, an appeal may be filed with the Solicitor, whose decision shall be final.

PART 2-RECORDS AND TESTIMONY

Subpart A-Opinions in Adjudication of Cases,

Administrative Manuals

Sec.
2.1 Purpose and scope.
2.2 Opinions in adjudication of cases.
2.3 Administrative manuals.

Subpart B-Inspection of Records

2.11 Purpose and scope.
2.12 Definitions.
2.13 Records available.
2.14 Requests for records.
2.15 Action on initial requests.

Subpart E-Compulsory Process and Testimony

of Employees

Sec. 2.16 Time limits on processing of initial re

quests, 2.17 Appeals. 2.18 Action on appeals. 2.19 Fees. 2.20 Special rules governing certain infor

mation concerning coal obtained under the Mineral Leasing Act.

Sec. 2.80 Compulsory process. 2.82 Testimony of employees. APPENDIX A-FEES APPENDIX B-BUREAUS AND OFFICES OF THE

DEPARTMENT OF THE INTERIOR AUTHORITY: 5 U.S.C. 301, 552 and 552a; 31 U.S.C. 483a; and 43 U.S.C. 1460, unless otherwise noted.

SOURCE: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Subpart C-Declassification of Classified

Documents 2.41 Declassification of classified docu

ments.

Subpart D—Privacy Act

Subpart A-Opinions in Adjudication

of Cases, Administrative Manuals

$ 2.1 Purpose and scope.

This subpart contains the regulations of the Department of the Interior concerning the availability to the public of opinions issued in the adjudication of cases and of administrative manuals. Persons interested in obtaining access to other records are directed to the procedures for submission of Freedom of Information requests set out in Subpart B of this part.

2.45 Purpose and scope. 2.46 Definitions. 2.47 Records subject to Privacy Act. 2.48 Standards for maintenance of records

subject to the Act. 2.49 [Reserved) 2.50 FEDERAL REGISTER notices describing

systems of records. 2.51 Assuring integrity of records. 2.52 Conduct of employees. 2.53 Government contracts. 2.54-2.55 [Reserved] 2.56 Disclosure of records. 2.57 Accounting for disclosures. 2.58-2.59 (Reserved) 2.60 Request for notification of existence

of records: Submission. 2.61 Request for notification of existence

of records: Action on. 2.62 Requests for access to records. 2.63 Requests for access to records: Sub

mission. 2.64 Requests for access to records: Initial

decision. 2.65 Requests for notification of existence

of records and for access to records: Ap

peals. 2.66 Requests for access to records: Special

situations. 2.67-2.69 (Reserved] 2.70 Amendment of records. 2.71 Petitions for amendment: Submission

and form 2.72 Petitions for amendment: Processing

and initial decision. 2.73 Petitions for amendments: Time limits

for processing. 2.74 Petitions for amendment: Appeals. 2.75 Petitions for amendment: Action on

appeals. 2.76 (Reserved) 2.77 Statements of disagreement. 2.78 [Reserved] 2.79 Exemptions.

$ 2.2 Opinions in adjudication of cases.

(a)(1) Copies of final decisions and orders issued on and after July 1, 1970, in the following categories of cases are available for inspection and copying in the Office of Hearings and Appeals, Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203:

(i) Contract appeals:

(ii) Appeals from decisions rendered by departmental officials relating to the use and disposition of public lands and their resources and 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;

(iii) Appeals from orders and decisions issued by departmental officials and administrative law judges in proceedings relating to mine health and safety; and

(iv) Appeals from orders and decisions of administrative law judges in Indian probate matters other than those involving estates of Indians of the Five Civilized Tribes and Osage Indians.

80–147 0-81--2

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