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Department of the Interior

Effective Date: 10/21/02

Series: Organization

Part 112: Policy, Management and Budget

Chapter 13: Office of Hearings and Appeals

Originating Office: Office of Hearings and Appeals

13.1 Creation and Purpose. The Office of Hearings and Appeals was created in 1970 by the Secretary under the authority of ' 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. Appendix) in order to consolidate in one office various Departmental appeal functions related to contracts, Indian affairs, and the public lands. The Office handles quasi-judicial responsibilities of the Department and is the authorized representative of the Secretary for the purpose of hearing, considering, and determining matters within the jurisdiction of the Department involving hearings and appeals.

13.2 Overall Organization. The Office of Hearings and Appeals consists of a headquarters office in Arlington, Virginia, and field offices located throughout the United States. (See attached organization chart.)

13.3 Office of the Director.

A. The Director manages and oversees all functions of the Office of Hearings and Appeals, exercising the authority of the Secretary of the Interior over hearings and appeals on matters within the jurisdiction of the Department. The Director reports to the Assistant Secretary - Policy, Management and Budget through the Deputy Assistant Secretary - Performance and Management.

B. The Director serves as an ex officio member of the Interior Board of Indian Appeals and the Interior Board of Land Appeals, and he or she may participate in their decisions. The Director exercises jurisdiction over the Administrative Law Judges of the Department for administrative purposes only. The Director may not direct or participate in decisions of the Administrative Law Judges, nor decisions of the Interior Board of Contract Appeals under the Contract Disputes Act.

C. The Director considers and decides, personally or through ad hoc boards of appeals established by the Director, appeals to the Secretary that do not lie within the appellate review jurisdiction of an established Appeals Board and that are not specifically excepted in the delegation of authority to the Director. Staff of the Office of the Director conduct hearings and render recommended decisions in other cases referred to the Office, including employee grievances and appeals from decisions of the National Indian Gaming Commission.

D. The Director is assisted by a Principal Deputy Director, who is responsible for supervising the day-to-day operations of the Office, and a Deputy Director (Counselor to the Director), who is responsible for advising the Director on long-range strategic planning, the Office=s responsibilities under the Government Performance and Results Act of 1993, 107 Stat. 285, the training needs of the Office, and other matters as assigned by the Director.

13.4 Hearings Division.

A. The Hearings Division, under the direction of a Chief Administrative Law Judge, includes (a) Administrative Law Judges who are authorized to conduct hearings in all cases required by law to be conducted pursuant to 5 U.S.C. ' 554 and other cases arising within the Department; (b) Indian Probate Judges who are authorized to conduct hearings and render decisions in Indian probate matters; and (c) one or more Administrative Judges who are authorized to conduct hearings and render decisions not required by law to be conducted pursuant to 5 U.S.C. ' 554, including proceedings under the White Earth Reservation Land Settlement Act of 1985, 100 Stat. 61.

B. The Hearings Division includes the Office=s nine field offices (see attached map), each of which is supervised by an Administrative Law Judge, Administrative Judge, or Indian Probate Judge who reports to the Chief Administrative Law Judge in the headquarters office. Field offices are located as follows:

Albuquerque, New Mexico

Billings, Montana

Bismarck, North Dakota

Oklahoma City, Oklahoma

Phoenix, Arizona

Rapid City, South Dakota

Sacramento, California

Salt Lake City, Utah

Twin Cities, Minnesota

13.5 Interior Board of Contract Appeals. The Interior Board of Contract Appeals, under the direction of a Chair and Vice-Chair, is established pursuant to the Contract Disputes Act of 1978, 41 U.S.C. ' 601 et seq. The Board conducts hearings and renders decisions in appeals from decisions, or the failure to render timely decisions, by contracting officers of any bureau or office of the Department or any other agency that, with the approval of the Office of Federal Procurement Policy, has designated the Board to hear its cases.

13.6 Interior Board of Indian Appeals. The Interior Board of Indian Appeals, under the direction of a Chief Administrative Judge, exercises jurisdiction over appeals from (a) administrative actions and decisions of officials of the Bureau of Indian Affairs, in cases involving determinations, findings, and orders protested as a violation of a right or privilege of the appellant, except as provided in 112 DM 13.5 and 212 DM 13.9; (b) orders and decisions of Administrative Law Judges and Indian Probate Judges in Indian probate matters; (c) decisions of the Superintendent of the Osage Indian Agency on the validity of Osage Indian wills, pursuant to 25 CFR ' 17.14; (d) decisions of an administrative judge under the White Earth Reservation Land Settlement Act; and (e) historical accountings issued by the Office of Historical Trust Accounting. The Board also decides other matters pertaining to Indians referred to it by the Secretary, the Assistant Secretary - Indian Affairs, or the Director, Office of Hearings and Appeals.

13.7 Interior Board of Land Appeals. The Interior Board of Land Appeals, under the direction of a Chief Administrative Judge and Deputy Chief Administrative Judge, exercises jurisdiction over appeals from decisions rendered by Departmental officials relating to (a) 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; (b) land selections under the Alaska Native Claims Settlement Act, 43 U.S.C. ' 1601 et seq.; and (c) surface coal mining and reclamation operations under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. ' 1201 et seq.

13.8 Administrative Division. The Administrative Division, under the direction of an Administrative Officer, provides administrative services for the Office of Hearings and Appeals.

10/21/02 #3535

Replaces 2/26/88 #2780