Decisions on Routine Appeal Cases

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]

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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]

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