Land and Natural Resources Division

[Title 28 CFR M]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart M - Land and Natural Resources Division]
[From the U.S. Government Printing Office]

28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseLand and Natural Resources DivisionMSubpart MJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart M--Land and Natural Resources Division

Sec. 0.65 General functions.

The following functions are assigned to and shall be conducted,
handled, or supervised by the Assistant Attorney General in charge of
the Land and Natural Resources Division:
(a) Civil suits and matters in Federal and State courts (and
administrative tribunals), by or against the United States, its
agencies, officers, or contractors, or in which the United States has an
interest, whether for specific or monetary relief, and also
nonlitigation matters, relating to:
(1) The public domain lands and the outer continental shelf of the
United States.
(2) Other lands and interests in real property owned, leased, or
otherwise claimed or controlled, or allegedly impaired or taken, by the
United States, its agencies, officers, or contractors, including the
acquisition of such lands by condemnation proceedings or otherwise,
(3) The water and air resources controlled or used by the United
States, its agencies, officers, or contractors, without regard to
whether the same are in or related to the lands enumerated in paragraphs
(a) (1) and (2) of this section, and
(4) The other natural resources in or related to such lands, water,
and air,

except that the following matters which would otherwise be included in
such assignment are excluded therefrom:
(i) Suits and matters relating to the use or obstruction of
navigable waters or the navigable capacity of such waters by ships or
shipping thereon, the same being specifically assigned to the Civil
Division;
(ii) Suits and matters involving tort claims against the United
States under the Federal Tort Claims Act and special acts of Congress,
the same being specifically assigned to the Civil Division;
(iii) Suits and matters involving the foreclosure of mortgages and
other liens held by the United States, the same being specifically
assigned to the Civil and Tax Divisions according to the nature of the
lien involved;
(iv) Suits arising under 28 U.S.C. 2410 to quiet title or to
foreclose a mortgage or other lien, the same being specifically assigned
to the Civil and Tax Divisions according to the nature of the lien held
by the United States, and all other actions arising under 28 U.S.C. 2410
involving federal tax liens held by the United States, which are
specifically assigned to the Tax Division;

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(v) Matters involving the immunity of the Federal Government from
State and local taxation specifically delegated to the Tax Division by
Sec. 0.71.
(b) Representation of the interests of the United States in all
civil litigation in Federal and State courts, and before the Indian
Claims Commission, pertaining to Indians, Indian tribes, and Indian
affairs, and matters relating to restricted Indian property, real or
personal, and the treaty rights of restricted Indians (except matters
involving the constitutional and civil rights of Indians assigned to the
Civil Rights Division by subpart J of this part).
(c) Rendering opinions as to the validity of title to all lands
acquired by the United States, except as otherwise specified by statute.
(d) Civil and criminal suits and matters involving air, water,
noise, and other types of pollution, the regulation of solid wastes,
toxic substances, pesticides under the Federal Insecticide, Fungicide,
and Rodenticide Act, and the control of the environmental impacts of
surface coal mining.
(e) Civil and criminal suits and matters involving obstructions to
navigation, and dredging or filling (33 U.S.C. 403).
(f) Civil and criminal suits and matters arising under the Atomic
Energy Act of 1954 (42 U.S.C. 2011, et seq.) insofar as it relates to
the prosecution of violations committed by a company in matters
involving the licensing and operations of nuclear power plants.
(g) Civil and criminal suits and matters relating to the natural and
biological resources of the coastal and marine environments, the outer
continental shelf, the fishery conservation zone and, where permitted by
law, the high seas.
(h) Performance of the Department's functions under Sec. 706.5 of
the regulations for the prevention of conflict of interests promulgated
by the Secretary of the Interior under the authority of the Surface
Mining Control and Reclamation Act of 1977, section 201(f), 91 Stat.
450, and contained in 30 CFR part 706.
(i) Conducting the studies of processing sites required by section
115(b) of the Uranium Mill Tailings Radiation Control Act of 1978,
publishing the results of the studies and furnishing the results thereof
to the Congress.
(j) Criminal suits and civil penalty and forfeiture actions relating
to wildlife law enforcement under the Endangered Species Act of 1973 (16
U.S.C. 1531-1543); the Lacey Act and related provisions (18 U.S.C. 41-
44, 47); the Black Bass Act (16 U.S.C. 851-856); the Airborne Hunting
Act (16 U.S.C. 742j-1); the Migratory Bird Act (16 U.S.C. 701, et seq.);
the Wild Horses and Wild Burros Act (16 U.S.C. 1331-1340); the Bald and
Golden Eagle Protection Act (16 U.S.C. 668-668d); and the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.).

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
540-73, 38 FR 26910, Sept. 27, 1973; Order No. 699-77, 42 FR 15315, Mar.
21, 1977; Order No. 764-78, 43 FR 3115, Jan. 23, 1978; Order No. 809-78,
43 FR 55394, Nov. 28, 1978; Order No. 960-81, 46 FR 52346, Oct. 27,
1981; Order No. 1083-85, 50 FR 8607, Mar. 4, 1985]

Sec. 0.65a Litigation involving Environmental Protection Agency.

With respect to any matter assigned to the Land and natural
Resources Division in which the Environmental Protection Agency is a
party, the Assistant Attorney General in charge of the Land and Natural
Resources Division, and such members of his staff as he may specifically
designate in writing, are authorized to exercise the functions and
responsibilities undertaken by the Attorney General in the Memorandum of
Understanding between the Department of Justice and the Environmental
Protection Agency (42 FR 48942), except that subpart Y of this part
shall continue to govern as authority to compromise and close civil
claims in such matters.

[Order No. 764-78, 43 FR 3115, Jan. 23, 1978]

Sec. 0.66 Delegation respecting title opinions.

(a) The Assistant Attorney General in charge of the Land and Natural
Resources Division or such members of his staff as he may specifically
designate in writing, are authorized to sign the name of the Attorney
General to opinions on the validity of titles to property acquired by or
on behalf of

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the United States, except those which, in the opinion of the Assistant
Attorney General involve questions of policy or for any other reason
require the personal attention of the Attorney General.
(b) Pursuant to the provisions of section 1 of Public Law 91-393,
approved September 1, 1970, 84 Stat. 835, the Assistant Attorney General
in charge of the Land and Natural Resources Division is authorized:
(1) To exercise the Attorney General's power of delegating to other
departments and agencies his (the Attorney General's) responsibility for
approving the title to lands acquired by them,
(2) With respect to delegations so made to other departments and
agencies, to exercise the Attorney General's function of general
supervision regarding the carrying out by such departments and agencies
of the responsibility so entrusted to them, and
(3) To promulgate regulations and any appropriate amendments thereto
governing the approval of land titles by such departments and agencies.

[Order No. 440-70, 35 FR 16084, Oct. 14, 1970]

Sec. 0.67 Delegation respecting conveyances for public-airport purposes.

The Assistant Attorney General in charge of the Land and Natural
Resources Division, and such members of his staff as he may specifically
designate in writing, are authorized to exercise the power and authority
vested in the Attorney General by section 23(b) of the Airport and
Airway Development Act of 1970 (84 Stat. 219; 49 U.S.C. 1723) with
respect to approving the performance of acts and execution of
instruments necessary to make the conveyances requested in carrying out
the purposes of that section, except those acts and instruments which,
in the opinion of the Assistant Attorney General, involve questions of
policy or for any other reason require the personal attention of the
Attorney General.

[Order No. 468-71, 36 FR 20428, Oct. 22, 1971]

Sec. 0.68 Delegation respecting mineral leasing.

The Assistant Attorney General in charge of the Land and Natural
Resources Division, and such members of his staff as he may specifically
designate in writing, are authorized to execute the power and authority
of the Attorney General under the provisions of section 3 of the act of
August 7, 1947, 61 Stat. 914, 30 U.S.C. 352, respecting the leasing of
minerals on lands under the jurisdiction of the Department of Justice.

[Order No. 542-73, 38 FR 28289, Oct. 12, 1973]

Sec. 0.69 Delegation of authority to make determinations and grants.

The Assistant Attorney General in charge of the Land and Natural
Resources Division, or such members of his staff as he may specifically
designate in writing, are authorized to exercise the power and authority
vested in the Attorney General by Public Law 87-852, approved October
23, 1962 (40 U.S.C. 319), with respect to making the determinations and
grants necessary in carrying out the purposes of that Act, except those
acts and instruments which in the opinion of the Assistant Attorney
General involve questions of policy or for any other reason require the
personal attention of the Attorney General.

[Order No. 736-77, 42 FR 38177, July 27, 1977]

Sec. 0.69a Delegation respecting approval of conveyances.

The Assistant Attorney General in charge of the Land and Natural
Resources Division, and such members of his staff as he may specifically
designate in writing, are authorized to exercise the power and authority
vested in the Attorney General by the Act of June 4, 1934, 48 Stat. 836,
with respect to approving the making or acceptance of conveyances by the
Secretary of the Interior on behalf of the United States.

[Order No. 947-81, 46 FR 29931, June 4, 1981]

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Sec. 0.69b Delegation of authority respecting conveyances for public airports.

The Assistant Attorney General in charge of the Land and Natural
Resources Division, and such members of his staff as he may specifically
designate in writing, are authorized to exercise the power and authority
vested in the Attorney General of section 516(b) of The Airport and
Airway Improvement Act of 1982 (96 Stat. 671, 692) with respect to
approving the performance of acts and execution of instruments necessary
to make the conveyance requested in carrying out the purposes of that
section, except those acts and instruments which in the opinion of the
Assistant Attorney General, involve questions of policy or for any other
reason require the personal attention of the Attorney General.

[Order No. 1069-84, 49 FR 39843, Oct. 11, 1984]

Sec. 0.69c Litigation involving the Resource Conservation and Recovery Act.

(a) The authority to receive complaints served upon the Attorney
General pursuant to section 401 of the Hazardous Waste Amendments of
1984 (Pub. L. 616, 98th Cong.; 42 U.S.C. 6872(b)(2)(F)) is hereby
delegated to the Assistant Attorney General, Land and Natural Resources
Division. Every plantiff required to serve upon the Attorney General a
copy of their complaint, should do so by sending a copy of the
complaint, together with all attachments thereto required by the Federal
Rules of Civil Procedure and the Local Rules for the Federal District
Court in which the complaint if filed, via first class mail, to the
Assistnt Attorney General, Land and Natural Resources Division, U.S.
Department of Justice, NW., Washington, DC 20530.
(b) Services pursuant to section 401 shall be deemed effective upon
the date the complaint is received by the Assistant Attorney General.

[Order No. 1099-85, 50 FR 26198, June 25, 1985]