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Subtitle A-Office of the
Secretary of the Interior

NOTE: Nomenclature changes affecting Subtitle A appear at 38 FR 10939, May 3, 1973.

EDITORIAL NOTE: For the Table of Public Land Orders formerly appearing in this volume, see the Appendix to Chapter II, Title 43, Code of Federal Regulations, Parts 4000 to End.

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Practices before the Department of the Interior....
Records and testimony......

Preservation of American antiquities.........
Department hearings and appeals procedures.........
Making pictures, television productions or sound
tracks on certain areas under the jurisdiction of
the Department of the Interior...........
Patent regulations............

Employees: Interest in lands and resources

Page

5

6

33

35

145

146

155

......

Joint policies of the Departments of the Interior
and of the Army relative to reservoir project
lands ..............

Vending facilities operated by blind persons
Petitions for rulemaking

Key Largo Coral Reef Preserve
Conservation of helium...................................

.....

Nondiscrimination in federally-assisted programs

157

158

161

161

163

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of the Department of the Interior-Effectuation of Title VI of the Civil Rights Act of 1964 .......... Wilderness preservation.........

164

176

20

Employee responsibilities and conduct

180

21

Occupancy of cabin sites on public conservation
and recreation areas........

226

Administrative claims under Federal Tort Claims
Act...............

230

Surface exploration, mining and reclamation of
lands........

232

24

Preservation, use, and management of fish and

wildlife resources....

241

.....

Subtitle A-Office of the
Secretary of the Interior

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NOTE: Nomenclature changes affecting Subtitle A appear at 38 FR 10939, May 3, 1973.

EDITORIAL NOTE: For the Table of Public Land Orders formerly appearing in this volume, see the Appendix to Chapter II, Title 43, Code of Federal Regulations, Parts 4000 to End.

Part

Practices before the Department of the Interior....
Records and testimony..............

Page

5

6

Preservation of American antiquities...
Department hearings and appeals procedures......
Making pictures, television productions or sound
tracks on certain areas under the jurisdiction of
the Department of the Interior.................................
Patent regulations..............

33

35

145

146

155

13

14

15

16

17

Employees: Interest in lands and resources

Joint policies of the Departments of the Interior
and of the Army relative to reservoir project
lands....

Vending facilities operated by blind persons
Petitions for rulemaking

Key Largo Coral Reef Preserve .................
Conservation of helium......

Nondiscrimination in federally-assisted programs
of the Department of the Interior-Effectuation
of Title VI of the Civil Rights Act of 1964............
Wilderness preservation..................................

157

158

161

161

163

164

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Employee responsibilities and conduct..............
Occupancy of cabin sites on public conservation
and recreation areas.........

180

226

22

Administrative claims under Federal Tort Claims
Act...........................

230

23

Surface exploration, mining and reclamation of
lands.....

232

24

Preservation, use, and management of fish and
wildlife resources........

241

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Page

Grants to states for establishing Youth Conserva-
tion Corps programs........
Nondiscrimination in activities conducted under
permits, rights-of-way, public land orders, and
other Federal authorizations granted or issued
under Title II of Public Law 93-153..............
Fire protection emergency assistance......
Trans-Alaska Pipeline Liability Fund..
Grants to states for establishing Young Adult
Conservation Corps (YACC) program.........................................
Allocation of duty-free watches from the Virgin
Islands, Guam, and American Samoa............................................................
Requirements for equal opportunity during con-
struction and operation of the Alaska Natural
Gas Transportation System..
Non-discrimination against minority and women-
owned business enterprises in outer continental
shelf leasing activities [eff, through 10-16-81] .....

242

248

259

260

267

277

278

288

PART 1-PRACTICES BEFORE THE DEPARTMENT OF THE INTERIOR

Sec.

1.1 Purpose.

1.2 Definitions.

1.3 Who may practice.

1.4 Disqualifications.

1.5 Signature to constitute certificate. 1.6 Disciplinary proceedings.

AUTHORITY: Sec. 5, 23 Stat. 101; 43 U.S.C.

1464.

SOURCE: 29 FR 143, Jan. 7, 1964, unless otherwise noted.

§ 1.1 Purpose.

This part governs the participation of individuals in proceedings, both formal and informal, in which rights are asserted before, or privileges sought from, the Department of the Interior.

§1.2 Definitions.

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, other personnel administrative proceedings.

or

§ 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 fulltime 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

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