[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: 703-235-3750.
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: (615) 545-4294; 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: (412) 937-4000; FAX: (412) 937-4003.
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:
(303) 231-5350; FAX: (303) 231-5360.
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:
(505) 883-6700; FAX: (505) 883-6711.
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: (303) 231-5350; FAX:
(303) 231-5360.
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: (801) 524-5677; FAX: (801) 524-4506.
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:
(303) 231-5350; FAX: (303) 231-5360.
(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