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<br /> <br /> »':~t, <br />Form 18x2-I UNITED STATES c ~ ~',i <br />(September 2ooS) DEPARTMENT OF THE INTERIOR - <br /> . <br />BUREAU OF LAND MANAGEMENT <br /> Af, <br />,M1 , <br />Niels;^C.,- `.7 Fc'-iEHu;,,; . <br /> `` <br />INFORMATIO N ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS <br />' ""'"%'.' <br /> DO NOT APPEAL UNLESS <br /> i. This decision is adverse to you, <br /> AND <br /> 2. You believe it is incorrect. <br />IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST 8E FOLLOWED <br />1. NOTICE OF APPEAL A person served with the decision being appealed must transmit the notice of appeal in time for i[ to be filed in [he office where <br /> it is required to be filed within 30 days after the date of service. If a decision is published in the FEDERAL REGISTER, a <br /> person not served with the decision must transmit a notice of appeal in time for it [o be filed within 30 days after [he date of <br /> publication (43 CFR 4.411 and 4.413). <br />2. WHERE TO FILE <br />NOTICE OF APPEAL Bureau of Land Management <br /> Gunnison Field Office <br /> 216 N. Colorado St. <br /> Gunnison, CO 81230 <br />WITH COPY TO Regional Solicitor <br />SOLICITOR Rocky Mountain Region <br /> 7S5 Parfet Sheet, Suite I5I <br /> Lakewood, CO 80215 <br />3. STATEMENT OF REASONS Within 30 days after filingthe Notice ofAppeal,(ilea complete statement ofthe reazons why you are appealing. This must be <br /> filed with the United States Department of [he Interior, Office ofHearings and Appeals, Interior Board of Land Appeals, 801 N. <br /> Quincy Street, MS 300-QC, Arlington, Virginia 22203. If you fully stated your reasons for appealing when filing the Notice of <br /> Appeal, no additional statement is necessary (43 CFR 4.412 and 4.413). <br />WITH COPY TO Regional Solicitor <br />SOLICITOR Rocky Mountain Region <br /> 75S Parfet Sheet, Suite 151 <br />Within IS days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field <br />Solicitor having jurisdiclfon over [he Stale in which the appeal arose must be served with a copy o[ (a) the Notice of Appeal, <br />(b) the SCatemem of Reazons, and (c) any other documents filed (43 CFR 4.413). If the decision concems the use and disposition <br />of public lands, including land selections under the Alaska Native Claims Settlement Act, as amended, service will be made <br />upon the Associated Solicitor, Division of Land and Water Resources, Offtce of the Solicitor, U.S. Department of the Interior, <br />Washington, D.C. 20240. If the decision concerns the use and disposition of mineral resources, service will be made upon the <br />Associated Solicitor, Division of Mineral Resources, Office of the Solicitor, U.S. Department of [he Interior, Washington, D.C. <br />S. PROOF OF SERVICE Within l5 days afteranydocument is served on an adverse party, file proofof thatservice with the United States Department of <br />the Interior, Office of Hearings and Appeals, Interior Board of Land Appeals, 801 N. Quincy Street, MS 300-QC, Arlington, <br />Virginia 22203. This may consist of a certified or registered mail "Remm Receipt Card" signed by [he adverse party (43 CFR <br />4.401(c)). <br />6. REQUEST FOR STAY Except where program-specific regulations place [his decision in full force and effect or provide for an automatic stay, [he <br />decision becomes effective upon [he expiration of the time allowed for filing an appeal unless a petition for a stay is timely filed <br />together with a Notice of Appea! (43 CFR 4.21). If you wish to file a petition for a stay of the effectiveness of this decision <br />during the time that your appeal is being reviewed 6y the Interior Hoard of land Appeals, the petition fora stay must accompany <br />your notice of appeal (43 CFR 4.2 ] or 43 CFA 2804.1). A petition for a stay is required to show sufficien[jus[iGcation based on <br />the standards listed below. Copies of the Notice of Appeal and Petition for a Stay must also be submitted to each party named <br />in this decision and to the Interior Hoard of Land Appeals and [he appropriate Office of the Solicitor (43 CFR 4.473) at the same <br />time the original documents are tiled with this office. If you request a stay, you have the burden of proof to demonstrate that a <br />stay should be granted. <br />Standards for Obtaining a Stay. Except as other provided by law or other pertinem regulations, a petition for a stay ofadecision <br />pending appeal shall show sufficienijustifica[ion based on the following standards: (1) the relative harm m the parties if the stay <br />is granted or denied, (2} [he likelihood of the appellant's success on the merits, (3} the Iike(ihood of immediate and irreparable <br />harm if the stay is not granted, and (4) whether the public interest favors granting the stay. <br />Unless these procedures are followed, your appeal will be subject tc dismissal (43 CFR 4.402). Be certain that all communications are identified by the serial <br />number of the case being appealed. <br />NOTE: A document is not tiled until i[ is actually received in the proper office (43 CFR 4.401(a)). See 43 CFR Part 4, subpart 6 for general roles relating to <br />procedures and practice involving appeals. <br />(Continued on page 2) <br />