[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.49]

[Page 164-165]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9--MINERALS MANAGEMENT--Table of Contents
 
               Subpart--B--Non-Federal Oil and Gas Rights
 
Sec. 9.49  Appeals.

    (a) Any operator aggrieved by a decision of the Regional Director in 
connection with the regulations in this subpart may file with the 
Regional Director a written statement setting forth in detail the 
respects in which the decision is contrary to, or is in conflict with 
the facts, the law, or these

[[Page 165]]

regulations, or is otherwise in error. No such appeal will be considered 
unless it is filed with the Regional Director within thirty (30) days 
after the date of notification to the operator of the action or decision 
complained of. Upon receipt of such written statement from the aggrieved 
operator, the Regional Director shall promptly review the action or 
decision and either reverse his original decision or prepare his own 
statement, explaining that decision and the reasons therefor, and 
forward the statement and record on appeal to the Director for review 
and decision. Copies of the Regional Director's statement shall be 
furnished to the aggrieved operator, who shall have thirty (30) days 
within which to file exceptions to the Regional Director's decision. The 
Department has the discretion to initiate a hearing before the Office of 
Hearing and Appeals in a particular case (See 43 CFR 4.700).
    (b) The official files of the National Park Service on the proposed 
plan of operations and any testimony and documents submitted by the 
parties on which the decision of the Regional Director was based shall 
constitute the record on appeal. The Regional Director shall maintain 
the record under separate cover and shall certify that it was the record 
on which his decision was based at the time it was forwarded to the 
Director of the National Park Service. The National Park Service shall 
make the record available to the operator upon request.
    (c) If the Director considers the record inadequate to support the 
decision on appeal, he may provide for the production of such additional 
evidence or information as may be appropriate, or may remand the case to 
the Regional Director, with appropriate instructions for further action.
    (d) On or before the expiration of forty-five (45) days after his 
receipt of the exceptions to the Regional Director's decision, the 
Director shall make his decision in writing: provided however, that if 
more than forty-five (45) days are required for a decision after the 
exceptions are received, the Director shall notify the parties to the 
appeal and specify the reason(s) for delay. The decision of the Director 
shall include: (1) A statement of facts; (2) conclusions; and (3) 
reasons upon which the conclusions are based. The decision of the 
Director shall be the final administrative action of the agency on a 
proposed plan of operations.
    (e) A decision of the Regional Director from which an appeal is 
taken shall not be automatically stayed by the filing of a statement of 
appeal. A request for a stay may accompany the statement of appeal or 
may be directed to the Director. The Director shall promptly rule on 
requests for stays. A decision of the Director on request for a stay 
shall constitute a final administrative decision.
    (f) Where, under this subpart, the Superintendent has the authority 
to make the original decision, appeals may be taken in the manner 
provided by this section, as if the decision had been made by the 
Regional Director, except that the original statement of appeal shall be 
filed with the Superintendent, and if he decides not to reverse his 
original decision, the Regional Director shall have, except as noted 
below, the final review authority. The only decision of a Regional 
Director under this paragraph which shall be appealable by the Director 
is an appeal from a suspension under Sec. 9.51(b). Such an appeal shall 
follow the procedure of paragraphs (a)-(3) of this section.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]