Department of the Interior
Departmental Manual
Effective Date: 3/1/05
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, Accountability and
Human Resources.
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 Probate Hearings
Division.
A. The Probate Hearings Division, under the
direction of a Chief Administrative Law Judge, includes Administrative Law
Judges, Indian Probate Judges, and Attorney Decision Makers who are authorized
to conduct hearings and render decisions in Indian probate matters.
B. The Probate Hearings Division includes
eight field offices, each of which is supervised by an Administrative Law Judge
or Indian Probate Judge who reports to the Chief Administrative Law Judge in
the headquarters office. Field offices
are located as follows:
Aberdeen, South Dakota
Albuquerque, New Mexico
Billings, Montana
Oklahoma City, Oklahoma
Phoenix, Arizona
Portland, Oregon
Sacramento, California
Twin Cities, Minnesota
The Aberdeen Field Office has two satellite offices, in Bismarck, North
Dakota, and Rapid City, South Dakota.
The Sacramento Field Office has one satellite office, in Anchorage,
Alaska.
13.5 Departmental Cases
Hearings Division. The Departmental
Cases Hearings Division, under the direction of an Administrative Law Judge
(First Judge Supervisory), includes Administrative Law Judges who are
authorized to conduct hearings and render decisions in various cases arising
within the Department. Such cases
include grazing cases, mining claim contests, Native allotment contests,
surface mining cases, Debt Collection Act cases, Indian Self-Determination Act
cases, and cases referred for hearing from the Interior Board of Indian
Appeals, the Interior Board of Land Appeals, or the Office of the
Director. The Departmental Cases
Hearings Division is located in Salt Lake City, Utah.
13.6 WELSA Hearings Division. The White Earth Reservation Land Settlement
Act (WELSA) Hearings Division, under the direction of an Administrative Judge,
includes one or more Administrative Judges who are authorized to conduct
hearings and render decisions under the White Earth Reservation Land Settlement
Act of 1985, 100 Stat. 61. The WELSA
Hearings Division is located in Twin Cities, Minnesota.
13.7 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.
13.8 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.
13.9 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.
13.10 Administrative
Division. The Administrative
Division, under the direction of an Administrative Officer, provides
administrative services for the Office of Hearings and Appeals.
