95-28649. Department Hearings and Appeals Procedures

[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Rules and Regulations]
[Pages 58242-58243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28649]



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DEPARTMENT OF THE INTERIOR

Office of Hearings and Appeals

43 CFR Part 4


Department Hearings and Appeals Procedures

agency: Office of Hearings and Appeals, Interior.

action: Final rule.

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summary: This document updates the addresses listed in 43 CFR 4.413(c) 
for the Office of the Solicitor and updates the identification of the 
States served by the Office of the Solicitor as listed in 43 CFR 
4.1109(a).

effective date: November 27, 1995.

for further information contact: Will A. Irwin, Administrative Judge, 
Interior Board of Land Appeals, Office of Hearings and Appeals, U.S. 
Department of the Interior, 4015 Wilson Blvd., Arlington, Virginia 
22203. Telephone: [phone].

supplementary information: Because this action reflects agency 
management and changes of address that have already taken place, the 
Department has determined that the provisions of the Administrative 
Procedure Act, 5 U.S.C. 553 (b), (d), allowing for public notice and 
comment as well as a thirty-day delay in a rule's effective date, are 
unnecessary and impracticable.

List of Subjects in 43 CFR Part 4

    Administrative practice and procedure, Mines, Public lands, Surface 
mining.

    Therefore, under the authority of the Secretary of the Interior 
contained in 5 U.S.C. 301, Sec. 4.413(c) in Subpart E, and 
Sec. 4.1109(a) in Subpart L, both in Part 4 of Title 43 of the Code of 
Federal Regulations, are amended as follows:

PART 4--[AMENDED]

Subpart E--Special Rules Applicable to Public Land Hearings and 
Appeals

    1. The authority citation for Part 4 continues to read:

    Authority: R.S. 2478, as amended, 43 U.S.C. sec. 1201, unless 
otherwise noted.

    2. Section 4.413 is amended by revising paragraphs (c)(1) and 
(c)(2) introductory text; revising the addresses following paragraphs 
(c)(2) (i), (ii) and (iv); removing the address following paragraph 
(c)(2)(v) and adding in its place paragraphs (c)(2)(v) (A) and (B); and 
revising the addresses following paragraphs (c)(2) (vi), (vii), (ix), 
(xi) and (xii) to read as follows:


Sec. 4.413  Service of notice of appeal and other documents.

* * * * *
    (c)(1)(i) If the appeal is taken from a decision of the Director, 
Minerals Management Service, the appellant will serve the Associate 
Solicitor, Division of Mineral Resources, Office of the Solicitor, U.S. 
Department of the Interior, Washington, D.C. 20240.
    (ii) If the appeal is taken from a decision of the Director, Bureau 
of Land Management, the appellant will serve:
    (A) The Associate Solicitor, Division of Land and Water Resources, 
Office of the Solicitor, U.S. Department of the Interior, Washington, 
D.C. 20240, if the decision concerns the use and disposition of public 
lands, including land selections under the Alaska Native Claims 
Settlement Act, as amended;
    (B) The Associate Solicitor, Division of Mineral Resources, Office 
of the Solicitor, U.S. Department of the Interior, Washington, D.C. 
20240, if the decision concerns the use and disposition of mineral 
resources.
    (c)(2) If the appeal is taken from a decision of other Bureau of 
Land Management (BLM) offices listed below (see Sec. 1821.2-1(d) of 
this title), the appellant shall serve the appropriate official of the 
Office of the Solicitor as identified:
    (i) * * *

Regional Solicitor, Alaska Region, U.S. Department of the Interior, 
4230 University Drive, Suite 300, Anchorage, AK 99508-4626;
    (ii) * * *

Field Solicitor, U.S. Department of the Interior, One Renaissance 
Square, Two North Central, Suite 1130, Phoenix, AZ 85004-2383;
* * * * *
    (iv) * * *

Regular U.S. Mail: Regional Solicitor, Rocky Mountain Region, U.S. 
Department of the Interior, P.O. Box 25007 (D-105), Denver Federal 
Center, Denver, CO 80225;
Other Delivery Services: Regional Solicitor, Rocky Mountain Region, 
U.S. Department of the Interior, 755 Parfet Street, Suite 151, 
Lakewood, CO 80215;
    (v) * * *
    (A) The Associate Solicitor, Division of Land and Water Resources, 
Office of the Solicitor, U.S. Department of the Interior, Washington, 
D.C. 20240, if the decision concerns the use and disposition of public 
lands, including land selections under the Alaska Native Claims 
Settlement Act, as amended;
    (B) The Associate Solicitor, Division of Mineral Resources, Office 
of the Solicitor, U.S. Department of the Interior, Washington, D.C. 
20240, if the decision concerns the use and disposition of mineral 
resources.
    (vi) * * *

Field Solicitor, U.S. Department of the Interior, Federal Building & 
U.S. Courthouse, 550 West Fort Street, MSC 020, Boise, ID 83724;
    (vii) * * *

Regular U.S. Mail: Field Solicitor, U.S. Department of the Interior, 
P.O. Box 31394, Billings, MT 59107-1394;
Other Delivery Services: Field Solicitor, U.S. Department of the 
Interior, 316 North 26th Street, Room 3004, Billings, MT 59101;
* * * * *
    (ix) * * *

Regular U.S. Mail: Field Solicitor, U.S. Department of the Interior, 
P.O. Box 1042, Santa Fe, NM 87504-1042;
Other Delivery Services: Field Solicitor, U.S. Department of the 
Interior, 150 

[[Page 58243]]
Washington Avenue #207, Santa Fe, NM 87501;
* * * * *
    (xi) * * *

Field Solicitor, U.S. Department of the Interior, 6201 Federal 
Building, 125 South State Street, Salt Lake City, UT 84138-1180;

    (xii) * * *

Regular U.S. Mail: Regional Solicitor, Rocky Mountain Region, U.S. 
Department of the Interior, P.O. Box 25007 (D-105), Denver Federal 
Center, Denver, CO 80225;
Other Delivery Services: Regional Solicitor, Rocky Mountain Region, 
U.S. Department of the Interior, 755 Parfet Street, Suite 151, 
Lakewood, CO 80215;
* * * * *

Subpart L--Special Rules Applicable to Surface Coal Mining Hearings 
and Appeals

    3. Section 4.1109 is amended by revising paragraph (a) to read as 
follows:


Sec. 4.1109  Service.

    (a)(1) Any party initiating a proceeding in OHA under the Act 
shall, on the date of filing, simultaneously serve copies of the 
initiating documents on the officer in the Office of the Solicitor, 
U.S. Department of the Interior, representing OSMRE in the state in 
which the mining operation at issue is located, and on any other 
statutory parties specified under Sec. 4.1105 of this part.
    (2) The jurisdictions, addresses, and telephone numbers of the 
applicable officers of the Office of the Solicitor to be served under 
paragraph (a)(1) of this section are:
    For mining operations in Alabama, Arkansas, Georgia, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, 
North Carolina, Oklahoma, Tennessee, Texas, and Virginia: Field 
Solicitor, U.S. Department of the Interior, 530 S. Gay Street, Room 
308, Knoxville, Tennessee 37902; Telephone: [phone]; FAX: (615) 
545-4314.
    For mining operations in Maryland, Massachusetts, Michigan, Ohio, 
Pennsylvania, Rhode Island, and West Virginia: Field Solicitor, U.S. 
Department of the Interior, Ten Parkway Center, Room 385, Pittsburgh, 
Pennsylvania 15220; Telephone: [phone]; FAX: [phone].
    For mining operations in Colorado, Montana, North Dakota, South 
Dakota, and Wyoming, including mining operations located in Indian 
lands within those States: Regular U.S. Mail: Regional Solicitor, Rocky 
Mountain Region, U.S. Department of the Interior, P.O. Box 25007 (D-
105), Denver Federal Center, Denver, CO 80225; Other Delivery Services: 
Regional Solicitor, Rocky Mountain Region, U.S. Department of the 
Interior, 755 Parfet Street, Suite 151, Lakewood, CO 80215; Telephone: 
[phone]; FAX: [phone].
    For mining operations in Arizona, California, and New Mexico, 
including mining operations located on Indian lands within those States 
except for the challenge of permitting decisions affecting mining 
operations located on Indian lands in those states: Regional Solicitor, 
Southwest Region, U.S. Department of the Interior, 2400 Louisiana Blvd. 
N.E., Building One, Suite 200, Albuquerque, NM 87110-4316; Telephone: 
[phone]; FAX: [phone].
    For challenge of permitting decisions affecting mining operations 
located on Indian lands within Arizona, California, and New Mexico: 
Regular U.S. Mail: Regional Solicitor, Rocky Mountain Region, U.S. 
Department of the Interior, P.O. Box 25007 (D-105), Denver Federal 
Center, Denver, CO 80225; Other Delivery Services: Regional Solicitor, 
Rocky Mountain Region, U.S. Department of the Interior, 755 Parfet 
Street, Suite 151, Lakewood, CO 80215; Telephone: [phone]; FAX: 
[phone].
    For mining operations in Alaska, Idaho, Oregon, Utah, and 
Washington, except for the challenge of permitting decisions affecting 
mining operations in Washington: Field Solicitor, U.S. Department of 
the Interior, 6201 Federal Building, 125 South State Street, Salt Lake 
City, UT 84138-1180; Telephone: [phone]; FAX: [phone].
    For the challenge of permitting decisions affecting mining 
operations in Washington: Regular U.S. Mail: Regional Solicitor, Rocky 
Mountain Region, U.S. Department of the Interior, P.O. Box 25007 (D-
105, Denver Federal Center, Denver CO 80225; Other Delivery Services: 
Regional Solicitor, Rocky Mountain Region, U.S. Department of the 
Interior, 755 Parfet Street, Suite 151, Lakewood, CO 80215; Telephone: 
[phone]; FAX: [phone].
    (3) Any party or other person who subsequently files any other 
document with OHA in the proceeding shall simultaneously serve copies 
of that document on all other parties and persons participating in the 
proceeding.
* * * * *
    Dated: November 5, 1995.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 95-28649 Filed 11-24-95; 8:45 am]
BILLING CODE 4310-79-M