43 C.F.R. § 4.603
What proceedings are covered by this subpart?
(a) The Act applies to adversary adjudications conducted by the Office of Hearings and Appeals, including proceedings to modify, suspend, or revoke licenses if they are otherwise adversary adjudications.
(b) The Act does not apply to:
(1) Other hearings and appeals conducted by the Office of Hearings and Appeals, even if the Department uses procedures comparable to those in 5 U.S.C. 554 in such cases;
(2) Any proceeding in which the Department or other agency may prescribe a lawful present or future rate; or
(3) Proceedings to grant or renew licenses.
(c) If a hearing or appeal includes both matters covered by the Act and matters excluded from coverage, any award made will include only fees and expenses related to covered issues.
Notes of Decisions
Cited in 5
cases, 1989–2010 · leading case: Utu Utu Gwaitu Paiute Tribe v. Dep't of the Interior, 766 F. Supp. 842 (E.D. Cal. 1991).
Utu Utu Gwaitu Paiute Tribe v. Dep't of the Interior, 766 F. Supp. 842 (E.D. Cal. 1991). “INTRODUCTION Plaintiff Utu Utu Gwaitu Paiute Tribe (“Tribe”) filed this complaint for declaratory and injunctive relief under the Administrative Procedure Act (“APA”) to challenge the validity of 43 C.F.R. § 4.603 (a). The Department of Interior (“Department”) promulgated rules,…”
Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Resrvation v. Dep't of Interior, 773 F. Supp. 1383 (E.D. Cal. 1991). “Plaintiff filed this lawsuit to contest the validity of 43 C.F.R. § 4.603 (a), a regulation promulgated by the Department of Interior to implement the EAJA.”
W. Watersheds Proj. v. Interior Bd. of Land Appeals, 624 F.3d 983 (9th Cir. 2010). “This long-standing distinction is reflected in the model regulations developed by the Administrative Conference of the United States, tasked by Congress with advising all federal agencies in consistently interpreting and applying the EAJA, and in the Department of the Interior’s…”
James Collord Marjorie Collord v. United States Dep't of the Interior Bruce Babbitt Interior Bd. of Land Appeals, 154 F.3d 933 (9th Cir. 1998). “43 C.F.R. § 4.603 (a). 2 . In Smedberg Machine & Tool, Inc.”
Cavin v. United States, 19 Cl. Ct. 198 (Ct. Cl. 1989). “211, 216; 43 C.F.R. § 4.603 (a) (the Department of Interior has interpreted the EAJA to exclude proceedings not required by statute).”
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