TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 251 - LAND USES

subpart c - APPEAL OF DECISIONS RELATING TO OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS

251.90 - Content of notice of appeal.

  (a) It is the responsibility of an appellant to provide a Reviewing Officer sufficient narrative evidence and argument to show why a decision by a lower level officer should be reversed or changed.

  (b) An appellant must include the following information in a notice of appeal: (1) The appellant's name, mailing address, and daytime telephone number; (2) The title or type of written instrument involved, the date of application for or issuance of the written instrument, and the name of the responsible Forest Service Officer; (3) A brief description and the date of the written decision being appealed; (4) A statement of how the appellant is adversely affected by the decision being appealed; (5) A statement of the facts of the dispute and the issue(s) raised by the appeal; (6) Specific references to any law, regulation, or policy that the appellant believes to be violated and the reason for such an allegation.

  (7) A statement as to whether and how the appellant has tried to resolve the issue(s) being appealed with the Deciding Officer, the date of any discussion, and the outcome of that meeting or contact; and (8) A statement of the relief the appellant seeks.

  (c) An appellant may also include one or more of the following in a notice of appeal: a request for oral presentation (251.97); a request for stay of implementation of the decision pending decision on the appeal (251.91); or, in those States with a Department of Agriculture certified mediation program, a request for mediation of grazing permit cancellation or suspensions pursuant to 251.103.

[54 FR 3362, Jan. 23, 1989; 54 FR 13807, Apr. 5, 1989, as amended at 54 FR 34510, Aug. 21, 1989; 64 FR 37846, July 14, 1999]