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<br />Form 18x2-I UNITED STATES c ~ ~',i
<br />(September 2ooS) DEPARTMENT OF THE INTERIOR -
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<br />BUREAU OF LAND MANAGEMENT
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<br />INFORMATIO N ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS
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<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.
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