Kelly Oil Co. v. Acting Deputy Assistant Secretary - Indian Affairs (Operations), 15 IBIA 5 (1986)

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Kelly Oil Co. v. Acting Deputy Assistant Secretary - Indian Affairs (Operations), 15 IBIA 5 (1986)

Appeal from a decision of the Acting Deputy Assistant Secretary--Indian Affairs (Operations) increasing the rent on lease No. 1-0454 for a portion of Yakima Allotment Nos. 1136 and T-1136.

Dismissed in part; referred in part for evidentiary hearing and recommended decision.

1. Administrative Procedure: Hearings--Indians: Leases and Permits: Rental Rates

When the administrative record does not contain the necessary factual basis for a determination of whether a rental adjustment was based on substantial evidence, the matter will be referred for an evidentiary hearing and recommended decision.

Appellant Kelly Oil Company seeks review of a September 19, 1985, decision of the Acting Deputy Assistant Secretary--Indian Affairs (Operations) (appellee) affirming a rental increase on lease No. 1-0454 for a portion of Yakima Allotment Nos. 1136 and T-1136. For the reasons discussed below, this appeal is dismissed in part and referred in part to the Hearings Division for an evidentiary hearing and recommended decision by an Administrative Law...

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