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the district office following the issuance of the recommended decision will also be forwarded to the FAB for consideration.
[71 FR 78534, Dec. 29, 2006. Redesignated at 84 FR 3050, Feb. 8, 2019]
(a) The hearing will be recorded and transcribed. Transcripts may be obtained following the hearing from the ALJ at a cost not to exceed the actual cost of duplication.
(b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and the authority head.
(c) The record may be
§355.10(b) shall be deemed a notice of hearing for purposes of this section.
(c) The statute of limitations may be extended by agreement of the parties.
divorced spouse becomes entitled to a retirement or disability benefit under the Social Security Act based upon a primary insurance amount which is equal to or exceeds the divorced spouse annuity before reduction for age.
Administration (including functions prescribed under this chapter); and
(2) appoint and pay the members of such groups, except that officers and employees of the United States shall not receive additional compensation for service as members of such groups.
A tribe or tribal organization may contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f et seq.) to administer on BIA's behalf any portion of this part that is not a grant, approval, or disapproval of a right-of-way document, waiver of a requirement for right-of-way grant or approval (including but not limited
(a) Appeals from BIA decisions under this part may be taken under part 2 of this chapter, except our decision to disapprove a right-of-way grant or any other right-of-way document may be appealed only by the applicant or an Indian landowner of the tract over or across which the right-of-way was proposed.
(b) For purposes of appeals from BIA decisions under this part, “interested party” is defined as any person whose land is subject to
(a) BIA, with the concurrence of the Navajo Nation, will establish range units on the Navajo Partitioned Lands to provide unified areas for which range management plans can be developed to improve and maintain soil and forage resources. Physical land features, watersheds, drainage patterns, vegetation, soil, resident concentration, problem areas, historical land use patterns, chapter boundaries, special land uses and comprehensive land use planning will be considered
legal requirements. Permittee must also pay all applicable penalties that may be assessed for non-compliance.
(c) Fulfill all financial permit obligations owed to the Navajo Nation and the United States.
(d) Conduct only those activities authorized by the permit.
requirements. You must also pay all applicable penalties that may be assessed for non-compliance.
(c) Fulfill all financial obligations of your permit owed to the Indian landowners and the United States.
(d) Conduct only those activities authorized by the permit.
A person who offers or displays for sale or sells a good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States:
(a) Is subject to the criminal penalties specified in section 1159, title 18, United States Code; and
Within 30 days after the Chair serves his or her disapproval, the appellant must file with the Commission a notice of appeal. The notice of appeal must reference the decision from which the appeal is taken. Unless the Commission has extended the time for filing an appeal brief pursuant to §580.4(f) of this subchapter, the appeal brief must be filed within 30 days of service of the record
Indian tribe in writing whether the Indian tribe meets the eligibility requirements in §291.3. The Secretary's eligibility determination is final for the Department.
reasons for the disapproval.
(c) If the Secretary makes a favorable Secretarial Determination, the Secretary will proceed under §292.22.
On application for a writ of habeas corpus, evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit. If affidavits are admitted any party shall have the right to propound written interrogatories to the affiants, or to file answering affidavits.
(c) The purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resources development on tribal land.
[84 FR 69613, Dec. 18, 2019]
harm or the potential for harm to a physical trust asset, previously identified in a periodic review and evaluation, exists; or
(e) As the Secretary determines appropriate to carry out the Secretary's trust responsibilities.
Any forms required to be filed pursuant to a minerals agreement may be obtained from the Superintendent or Area Director. Prescribed forms for filing geothermal production reports required by the BLM (43 CFR part 3260, §§3264.1, 3264.2-4 and 3264.2-5) may be obtained from the Superintendent, Area Director, or the Authorized Officer. Applicable reports required by the MMS shall be filed using the forms prescribed in 30 CFR part 210, which are available from MMS. Guidance on how to prepare and
All gas, required to be measured, shall be measured by meter (preferably of the orifice meter type) unless otherwise agreed to by the Superintendent. All gas meters must be approved by the Superintendent and installed at the expense of Lessee or purchaser at such places as may be agreed to by the Superintendent. For computing the volume of all gas produced, sold or subject to royalty, the standard of pressure shall be 14.65 pounds to the square inch, and the standard of temperature shall be
The in-lieu fishing sites are for the benefit of the Yakima, Umatilla, and Warm Springs Indian Tribes, and such other Columbia River Indians, if any, who had treaty fishing rights at locations inundated or destroyed by Bonneville Dam, to be used in accordance with treaty rights. The use of the sites is restricted to such Indians; however, this shall not preclude the use of camping areas on the sites by the families of such Indians.
For the purpose of identification of the persons entitled to use the sites, each eligible Indian shall, when using said sites, have in his possession an identification card issued by his tribe identifying him as a member of that tribe. The Regional Director shall issue identification cards to such other Columbia River Indians, if any, as may be eligible to use the sites. Any individual using the sites shall exhibit the identification upon request of authorized
If the Secretaries identify a design deficiency that may jeopardize public health and safety if the facility is completed, they must:
(a) Immediately notify the Tribe of the design deficiency and request that the Tribe promptly resolve the deficiency under the standards in §170.454; and
(b) For a BIA
draft copy of the report to the affected Tribe for comment before forwarding it to Secretary of Transportation; and
(c) Report these findings to the appropriate office within FHWA.
We will only disapprove a request for the distribution of principal or income from the Trust Fund if the request does any of the following:
(a) Fails to provide the documents identified in §183.5;
(b) Fails to provide reports required under
We will only disapprove a request for distribution of income from the Lease Fund if the request does any of the following:
(a) Fails to provide the documents identified in §183.5;
(b) Fails to provide reports required under