[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6057]


[[Page Unknown]]

[Federal Register: March 16, 1994]


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DEPARTMENT OF THE INTERIOR
Minerals Management Service

 

Decisions on Routine Appeal Cases

AGENCY: Minerals Management Service, Interior.

ACTION: Notice.

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SUMMARY: The Royalty Management Program (RMP) of the Minerals 
Management Service (MMS) has been delegated authority to render 
decisions on routine appeals from orders and decisions issued by RMP 
regarding Federal leases. The authority was transferred from the 
Appeals and Litigation Support Division (ALSD) at MMS.

EFFECTIVE DATE: The effective date of this delegation is March 15, 
1994, based on direction from the Deputy Director for MMS to realize 
the benefits of more timely agency decisions for the appellant.

FOR FURTHER INFORMATION CONTACT:
Platte Clark, Chief, Appeals and Litigation Support Division, Minerals 
Management Service (Mail Stop 9110), Parkway Atrium Building, 381 Elden 
Street, Herndon, Virginia 22070-4817. Telephone (703) 787-1275.

SUPPLEMENTARY INFORMATION: The MMS regulations at 30 CFR 290, Appeals 
Procedures, provides rules and procedures on appeals to the Director, 
MMS (and the Bureau of Indian Affairs when Indian lands are involved) 
from final orders or decisions of officers of the MMS, issued under 
authority of the regulations. On routine appeals to the Director, the 
final agency decision was delegated to the Chief, ALSD, MMS, in June 
1993. To further streamline the appeals process and reduce the time for 
a final agency decision, routine appeals on orders or decisions issued 
by RMP have been re-delegated through the Associate Director for 
Royalty Management to the Chief of the applicable RMP Office from the 
Deputy Director of MMS.
    Routine appeals are defined by the delegation as follows:
    (a) Appeals not timely filed as required by 30 CFR 290.
    (b) Appeals from an assessment for a required report filed late (30 
CFR 216.40 and 218.40).
    (c) Appeals from an assessment for failure to file a required 
report (30 CFR 216.40 and 218.40).
    (d) Appeals from an assessment for an incorrectly completed report 
(30 CFR 216.40 and 218.40).
    (e) Appeals from an assessment of interest for unpaid and underpaid 
amounts due (30 CFR 218.54, 218.102, 218.150, 218.202 and 218.302). 
This category is limited to factual issues involving the time value of 
money and non-precedent-setting appeals. Appeals with complex issues 
will be referred to the Director of MMS for a decision.
    (f) Appeals in which the appellant neglects to file a statement of 
reasons to justify modification of the RMP order or decision.
    (g) Appeals in which the order or decision is being rescinded.
    The decision process to be used by RMP involves a procedure 
whereby: (1) The RMP office responsible for the original order or 
decision will examine the appeal and any statement of reasons provided 
by the appellant to modify the RMP directive; (2) the RMP office will 
issue a report to the appellant for comment back to RMP within 21 days 
of receipt; and (3) following the comment period, the Chief of the RMP 
office will render the final agency decision.
    MMS believes that routine appeal cases have similar issues that 
have been decided in prior cases by either the Director or the Interior 
Board of Land Appeals (IBLA). The fact that the final agency decision 
is at the RMP level should greatly enhance the timeliness of the 
decision for the appellant and reduce the workload at ALSD to focus on 
complex cases. The benefits for the appellant and MMS are significant.
    The authority to render decisions on routine appeals that pertain 
to royalty issues for mineral leases on Indian lands is carried out by 
the Deputy Commissioner of Indian Affairs or designee. This authority 
has not been delegated.
    This delegation does not affect the right of a party to further 
appeal a final MMS decision to the IBLA after the RMP has rendered a 
final MMS decision.

    Dated: March 10, 1994.
Lucy R. Querques,
Associate Director for Policy and Management Improvement.
[FR Doc. 94-6000 Filed 3-15-94; 8:45 am]
BILLING CODE 4310-MR-M
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DEPARTMENT OF THE INTERIOR
National Park Service

Native American Graves Protection and Repatriation Review 
Committee: Meeting

AGENCY: National Park Service, Department of the Interior.

ACTION:  Notice of meeting of the Native American Graves Protection and 
Repatriation Review Committee, Correction.

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    This Notice corrects the Notice published in the Federal Register 
on March 7, 1994. The place of the May 12th, 13th and 14th, 1994 
Meeting of the Native American Graves Protection and Repatriation Act 
Review Committee will be the Rushmore Civic Center, 444 Mount Rushmore 
Road, Rapid City, SD 57701, in meeting room Rushmore E, not the Rapid 
City Hilton Inn as previously stated.
    The meeting will be open to the public. However, facilities and 
space for accommodating members of the public are limited. Persons will 
be accommodated on a first-come, first-served basis. Any member of the 
public may file a written statement concerning the matters to be 
discussed with Dr. Francis P. McManamon, Departmental Consulting 
Archeologist.
    Persons wishing further information concerning this meeting, or who 
wish to submit written statements may contact Dr. Francis P. McManamon, 
Departmental Consulting Archeologist, Archeological Assistance 
Division, National Park Service, P.O. Box 37127-suite 210, Washington, 
D.C. 20013-7127, telephone (202) 343-4101. Draft summary minutes of the 
meeting will be available for public inspection about eight weeks after 
the meeting at the office of the Departmental Consulting Archeologist, 
room 210, 800 North Capital Street, Washington, D.C.
    Dated: March 9, 1994.
Francis P. McManamon,
Departmental Consulting Archeologist and Chief, Archeological 
Assistance Division.
[FR Doc. 94-6057; Filed 3-15-94; 8:45 am]
BILLING CODE 4310-70-F