As used in this part the term:

(a) Department includes any bureau, office, or other unit of the Department of the Interior, whether in Washington, D.C., or in the field, and any officer or employee thereof;

(b) Solicitor means the Solicitor of the Department of the Interior or his authorized representative;

(c) Practice includes any action taken to support or oppose the assertion of a right before the Department or to support or oppose a request that the Department grant a privilege; and the term "practice" includes any such action whether it relates to the substance of, or to the procedural aspects of handling, a particular matter. The term "practice" does not include the preparation or filing of an application, the filing without comment of documents prepared by one other than the individual making the filing, obtaining from the Department information that is available to the public generally, or the making of inquiries respecting the status of a matter pending before the Department. Also, the term "practice" does not include the representation of an employee who is the subject of disciplinary, loyalty, or other personnel administrative proceedings.

§ 1.3 Who may practice.

(a) Only those individuals who are eligible under the provisions of this section may practice before the Department, but this provision shall not be deemed to restrict the dealings of Indian tribes or members of Indian tribes with the Department.

(b) Unless disqualified under the provisions of § 1.4 or by disciplinary action taken pursuant to § 1.6:

(1) Any individual who has been formally admitted to practice before the Department under any prior regulations and who is in good standing on December 31, 1963, shall be permitted to practice before the Department.

(2) Attorneys at law who are admitted to practice before the courts of any State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Trust Territory of the Pacific Islands, or the District Court of the Virgin Islands will be permitted to practice without filing an application for such privilege.

(3) An individual who is not otherwise entitled to practice before the Department may practice in connection with a particular matter on his own behalf or on behalf of

(i) A member of his family;

(ii) A partnership of which he is a member;

(iii) A corporation, business trust, or an association, if such individual is an officer or full-time employee;

(iv) A receivership, decedent's estate, or a trust or estate of which he is the receiver, administrator, or other similar fiduciary;

(v) The lessee of a mineral lease that is subject to an operating agreement or sublease which has been approved by the Department and which grants to such individual a power of attorney;

(vi) A Federal, State, county, district, territorial, or local government or agency thereof, or a government corporation, or a district or advisory board established pursuant to statute;

or

(vii) An association or class of individuals who have no specific interest that will be directly affected by the disposition of the particular matter.

§ 1.4 Disqualifications.

No individual may practice before
the Department if such practice would
violate the provisions of 18 U.S.C. sec-
tions 203, 205, or 207.

§ 1.5 Signature to constitute certificate.

When an individual who appears in

a representative capacity signs a paper

in practice before the Department, his

signature shall constitute his certifi-

cate:

(a) That under the provisions of this

part and the law, he is authorized and

qualified to represent the particular

party in the matter;

(b) That, if he is the partner of a

present or former officer or employee,

including a special Government em-

ployee, the matter in respect of which

he intends to practice is not a matter

in which such officer or employee of

the Government or special Govern-

ment employee participates or has

participated personally and substan-

tially as a Government employee

through decision, approval, disapprov-

al, recommendation, the rendering of

advice, investigation or otherwise and

that the matter is not the subject of

such partner's official Government re-

sponsibility;

(c) That, if he is a former officer or

employee, including a special Govern-

ment employee, the matter in respect

of which he intends to practice is not a

matter in which he participated per-

sonally and substantially as a Govern-

ment employee through decision, ap-

proval, disapproval, recommendation,

the rendering of advice, investigation,

or otherwise, while so employed and, if

a period of one year has not passed

since the termination of his employ-

ment with the Government, that the

matter was not under his official re-

sponsibility as an officer or employee

of the Government; and

(d) That he has read the paper; that

to the best of his knowledge, informa-

tion, and belief there is good ground to

support its contents; that it contains

no scandalous or indecent matter; and

that it is not interposed for delay.

§ 1.6 Disciplinary proceedings.

(a) Disciplinary proceedings may be

instituted against anyone who is prac-
ticing or has practiced before the De-

partment on grounds that he is incom-
petent, unethical, or unprofessional,
or that he is practicing without au-
thority under the provisions of this
part, or that he has violated any provi-
sions of the laws and regulations

governing practice before the Depart-

ment, or that he has been disbarred or

suspended by any court or administra-

tive agency. Individuals practicing

before the Department should observe

the Canons of Professional Ethics of

the American Bar Association and

those of the Federal Bar Association,

by which the Department will be

guided in disciplinary matters.

(b) Whenever in the discretion of

the Solicitor the circumstances war-

rant consideration of the question

whether disciplinary action should be

taken against an individual who is

practicing or has practiced before the

Department, the Solicitor shall ap-

point a hearing officer to consider and

dispose of the case. The hearing offi-

cer shall give the individual adequate

notice of, and an opportunity for a

hearing on, the specific charges

against him. The hearing shall afford

the individual an opportunity to

present evidence and cross-examine

witnesses. The hearing officer shall

render a decision either (1) dismissing

the charges, or (2) reprimanding the

individual or suspending or excluding

him from practice before the Depart-

ment.

(c) Within 30 days after receipt of

the decision of the hearing officer re-

primanding, suspending, or excluding

an individual from practice before the

Department, an appeal may be filed

with the Solicitor, whose decision

shall be final.

2.54-2.55 [Reserved]

2.56 Disclosure of records.

2.57 Accounting for disclosures.

2.58-2.59 [Reserved]

2.60 Request for notification of existence

of records: Submission.

2.61 Requests for notification of existence of records: Action on.

2.62 Requests for access to records.

2.63 Requests for access to records: Submission.

2.64 Requests for access to records: Initial decision.

2.65 Requests for notification of existence

of records and for access to records: Appeals.

2.66 Requests for access to records: Special situations.

2.67-2.69 [Reserved]

2.70 Amendment of records.

2.71 Petitions for amendment: Submission and form.

2.72 Petitions for amendment: Processing and initial decision.

2.73 Petitions for amendments: Time limits for processing.

2.74 Petitions for amendment: Appeals. 2.75 Petitions for amendment: Action on appeals.

2.76 [Reserved]

2.77 Statements of disagreement.

2.78 [Reserved]

Sec.

2.79 Exemptions.

Subpart E-Compulsory Process and Testimony of Employees

2.80 Compulsory process. 2.82 Testimony of employees. APPENDIX A TO PART 2-FEES APPENDIX B TO PART 2-BUREAUS AND OFFICES OF THE DEPARTMENT OF THE INTERIOR

AUTHORITY: 5 U.S.C. 301, 552 and 552a; 31 U.S.C. 9701; and 43 U.S.C. 1460.

SOURCE: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

Subpart A-Opinions in Adjudication of Cases, Administrative Manuals § 2.1 Purpose and scope.

This subpart contains the regulations of the Department of the Interior concerning the availability to the public of opinions issued in the adjudication of cases and of administrative manuals. Persons interested in obtaining access to other records are directed to the procedures for submission of Freedom of Information requests set out in Subpart B of this part.

§ 2.2 Opinions in adjudication of cases.

(a)(1) Copies of final decisions and orders issued on and after July 1, 1970, in the following categories of cases are available for inspection and copying in the Office of Hearings and Appeals. Ballston Building No. 3, 4015 Wilson Boulevard, Arlington, Va. 22203:

(i) Contract appeals;

(ii) Appeals from decisions rendered by departmental officials relating to 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;

(iii) Appeals from orders and decisions issued by departmental officials and administrative law judges in proceedings relating to mine health and safety; and

(iv) Appeals from orders and decisions of administrative law judges in Indian probate matters other than those involving estates of Indians of