[Code of Federal Regulations]
[Title 43, Volume 1, Parts 1 to 999]
[Revised as of October 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2]
[Page 7-8]
Subpart B
Subpart C
Subpart D
Subpart E
TITLE 43--PUBLIC LANDS: INTERIOR
Subtitle A--Office of the Secretary of the Interior
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
Subpart A--Opinions in Adjudication of Cases, Administrative Manuals
Sec. 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.
Sec. 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.
(2) Copies of final opinions and orders issued in the following
categories of cases are available for inspection and copying in the
Docket and Records Section, Office of the Solicitor, Interior Building,
Washington, DC 20240:
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(i) Tort claims decided in the headquarters office of the Office of
the Solicitor, and appeals from decisions of Regional Solicitors or
Field Solicitors on tort claims;
(ii) Irrigation claims under Public Works Appropriation Acts (e.g.,
79 Stat., 1103) or 25 U.S.C. 388 decided in the headquarters office of
the Office of the Solicitor, and appeals from decisions of Regional
Solicitors on irrigation claims;
(iii) Appeals under Sec. 2.18 respecting availability of records;
(iv) Appeals from decisions of officials of the Bureau of Indian
Affairs, and Indian enrollment appeals; and
(v) Appeals from decisions of officers of the Bureau of Land
Management and of the Geological Survey in proceedings relating to lands
or interests in land, contract appeals, and appeals in Indian probate
proceedings, issued prior to July 1, 1970.
(3) An Index-Digest is issued by the Department. All decisions,
opinions and orders issued in the categories of cases described in
paragraphs (a)(1), (i), (ii), and (iii) of this section (that is,
contract appeals, land appeals, and mine health and safety appeals), are
covered in the Index-Digest; in addition, the Index-Digest covers the
more important decisions, opinions and orders in the remaining
categories of cases described in paragraphs (a)(1)(iv) and (a)(2) (i)
through (iv) of this section, and the more important opinions of law
issued by the Office of the Solicitor. The Index-Digest is available for
use by the public in the Office of Hearings and Appeals, Ballston
Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203, in the
Docket and Records Section, Office of the Solicitor, Interior Building,
Washington, DC 20240, and in the offices of the Regional Solicitors and
Field Solicitors. Selected decisions, opinions, and orders are published
in a series entitled ``Decisions of the United States Department of the
Interior'' (cited as I.D.), and copies may be obtained by subscription
from the Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402.
(4) Copies of final opinions and orders issued by Regional
Solicitors on tort claims and irrigation claims, and copies of final
opinions and orders on appeals in Indian probate proceedings issued by
Regional Solicitors prior to July 1, 1970, are available for inspection
and copying in their respective offices. Copies of final opinions and
orders issued by Field Solicitors on tort claims are available for
inspection and copying in their respective offices.
(b)(1) Copies of final decisions and orders issued prior to July 1,
1970, on appeals to the Director, Bureau of Land Management, and by
hearing examiners of the Bureau of Land Management, in proceedings
relating to lands and interests in land are available for inspection and
copying in the Office of Hearings and Appeals, Ballston Building No. 3,
4015 Wilson Boulevard, Arlington, Va. 22203, and in the offices of the
Departmental administrative law judges.
(2) Copies of final decisions, opinions and orders issued on and
after July 1, 1970, by departmental administrative law judges in all
proceedings before them are available for inspection and copying in
their respective offices and in the Office of Hearings and Appeals,
Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, VA 22203.
(3) Copies of final decisions, opinions and orders issued by
administrative law judges in Indian probate proceedings are available
for inspection and copying in their respective offices.
Sec. 2.3 Administrative manuals.
The Departmental Manual is available for inspection in the
Departmental Library, Interior Building, Washington, DC, and at each of
the regional offices of bureaus of the Department. The administrative
manuals of those bureaus which have issued such documents are available
for inspection at the headquarters officers and at the regional offices
of the bureaus.