2023-11-06_REVISION - M1979155 (4)

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t Form 1842-1 LTNITED STATES (September 2020) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT INFORMATION ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS DO NOT APPEAL UNLESS 1.This decision is adverse to you, AND 2.You believe it is incorrect _ IF YOU APPEAL,THE FOLLOWING PROCEDURES MUST BE FOLLOWED A person who wishes to appeal to the Interior Hoard of Land Appeals must file in the office of the officer who made the decision(not the Interior Board of Land Appeals)a notice that they wish to appeal.A person served 1.NOTICE OF with the decision being appealed must transmit the Notice of Appeal in time for it to be filed in the office where it is APPEAL.................................... required to be filed within 30 days after the date of service.If a decision is published in the FEDERAL REGISTER,a person not served with the decision must transmit a Notice of Appeal in time for it to be filed within 30 days after the date ofpublication(43 CFR 4.41 1 and 4.413). 2.WHERE TO FILE Bureau of Land Management,Colorado River Valley Field Office NOT[CEOFAPPEAL......... 2300 River Frontage Road Silt,CO 81652 SOLIITORCOP To U.S. Department of the Interior SOLICITOR....................... p Regional Solicitor,Rocky Mountain Region 755 Parfet Street, Suite 151 Lakewood,CO 80215 3.STATEMENT OF REASONS Within 30 days after filing the Notice of Appeal,file complete statement ofthe reasons why you are appealing. This must be filed with the United States Department ofthe Interior,Office of Hearings and Appeals,Interior Board of Land Appeals,801 N.Quincy Street,MS 300-QC,Arlington,Virginia 22203. Ifyou fully stated your reasons for appealing when fling the Notice of Appeal, no additional statement is necessary (43 CFR 4.412 and 4.413), WITH COPY TO U.S. Department ofthe Interior SOLICITOR........ .......... Regional Solicitor,Rocky Mountain Region 755 Parfet Street,Suite 151 Lakewood,CO 80215 4.SERVICE OF DOCUMEA'TS A party that files any document under 43 CFR Subpart 4,must serve a copy of it concurrently on the appropriate official ofthe Office ofthe Solicitor under 43 CFR 4.413(c)and 4.413(d).Fora notice of appeal and statement of reasons,a copy mtist be served on each person named in the decision under appeal and for all other documents,a copy must be served on each party to the appeal(including intervenors).Service on a person or party known to be represented by counsel or other designated representative must be made on the representative.Service must be made at the last address of record of the person or party(if unrepresented)or the representative,unless the person, party or representative has notified the serving party of a subsequent change of address. 5.bIETHOD OF SERVICE.... If the document being served is a notice of appeal,service may be made by(a)Personal delivery;(b)Registered or certified snail,return receipt requested;(c)Delivery service,delivery receipt requested,ifthe last address of record is not a post office box;or(d)Electronic means such as electronic mail or facsimile,if the person to be served has previously consented to that means in writing. All other documents may be served by(a)Personal delivery;(b)Mail;(c)Delivery service,ifthe last address of record is not a post office box;or(d)Electronic means, such as electronic mail or facsimile,ifthe person to be served has previously consented to that means in writing. 6. REQL•ESTFORSTAY............... Except where program-specific regulations place this decision in full force and effect or provide for an automatic stay, the decision becomes effective upon the expiration ofthe time allowed for filing an appeal unless a petition for a stay is timely filed together with a Notice of Appeal(43 CFR 4.21). 1f you wish to file a petition for a stay of the effectiveness of this decision during the time that)'OUT appeal is being reviewed by the Interior Board of Land Appeals,the petition for a stay must accompany your Notice of Appeal (43 CFR 4,21 or 43 CFR 2801 10 or 43 CFR 2881.10)_ A petition for a stay is required to show sufficient justification based on the standards listed below. Copies ofthe Notice of Appeal and Petition for a Stay must also be submitted to each part'named in this decision and to the Interior Board of Land Appeals and to the appropriate Office ofthe Solicitor(43 CFR 4.413)at the same time the original documents are filed with this office, If you request a stay,you have the burden of proof to demonstrate that a stay should be granted_ Standards for Obtaining a Stay_Except as otherwise provided by law or other pertinent regulations, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards:(1)the relative harm to the parties ifthe stay is granted or denied,(2)the likelihood ofthe appellant's success on the merits,(3)the likelihood of immediate and irreparable harm ifthe stay is not granted,and(4)whether the public interest favors granting the stay. Unless these procedures are followed,your appeal will be subject to dismissal(43 CFR 4.402).Be certain that all cormmunications are identified by serial number ofthe case being appealed. NOTE: A document is not filed until it is actually received in the proper office(43 CFR 4.401(a)).See 43 CFR Part 4,Subpart B for general rules relating to procedures and practice involving appeals. (Continued on page 2)