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Mareh 2000 Record of Decision Page 24 <br />X. ADMINISTRATIVE REVIEW OR APPEAL PROCEDURES <br />The BLM decision to offer the coal lease is subject to appeal to the Interior Board of Land <br />Appeals (IBLA). Anyone wishing to appeal would have 30 days from this decision to appeal to <br />the Board of Land Appeals, Office of the Secretary, in accordance with regulations at 43 CFR <br />Part 4. <br />If an appeal is taken, the notice of the appeal must be filed with the Colorado State Office of the <br />BLM within 30 days of the date of this decision. The appellant has the burden of showing that <br />the decision appealed is in error. If appellants wish to file a petition pursuant to regulation 43 <br />CFR 4.21(58 FR 4939, January 19, 1993) for a stay of the effectiveness of this decision during <br />the time the appeal is being reviewed by the Board of Land Appeals, the petition for a stay must <br />accompany the notice of appeal. A petition for a stay is required to show sufficient justification <br />based on the standards listed below. <br />Copies of the notice of appeal and the petition for a stay must also be submitted to each office <br />of the solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this <br />office. If the appellants request a stay, they have the burden of proof to demonstrate that a <br />stay should be granted. <br />Concurrently, appellants must send a copy of any notice of appeal or petition for a stay to: <br />Mike Pool, Associate State Director <br />USDI Bureau of Land Management <br />Colorado State Office <br />2850 Youngfield Street <br />Lakewood, Colorado 80215 <br />Standards for obtaining a stay: <br />Except as othervvise provided by law or other pertinent regulation, a petition for a stay of a <br />decision pending appeal shall show sufficient justification based on the following standards: <br />A. The relative harm to the parties if the stay is granted or denied; <br />B. The likelihood of the appellants success on the merits; <br />C. The likelihood of immediate and irreparable harm if the stay is not granted; and, <br />D. Whether the public interest favors granting the stay. <br />BLM -Elk Creek Coal Lease Tract <br />