[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR215.13]

[Page 31]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 215--NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES--Table of Contents
 
Sec. 215.13  Appeal time periods and process.

    (a) Filing procedures. To appeal a decision under this part, a 
person must submit a written appeal to the Appeal Deciding Officer 
within the 45 day appeal filing period specified in the public notice 
published pursuant to Sec. 215.9.
    (b) Computation of time periods. (1) The day after the publication 
of the public notice published pursuant to Sec. 215.9 is the first day 
of the appeal filing period.
    (2) All time periods in this section are to be computed using 
calendar days. Saturdays, Sundays, and Federal holidays are included in 
computing the time period for filing an appeal. However, when the filing 
period would expire on a Saturday, Sunday, or Federal holiday, the 
filing time is extended to the end of the next Federal working day.
    (c) Evidence of timely filing. The appellant is responsible for 
submitting an appeal on or before the last day of the appeal filing 
period. Where there is a question about timelines of an appeal, the U.S. 
Postal Service postmark on a mailed appeal or the time and date imprint 
on a facsimile appeal will be used to determine timeliness.
    (d) Time extensions. Time extensions are not permitted.
    (e) Interested party comments. Interested parties must submit 
written comments to the Appeal Reviewing Officer within 15 days after 
close of the appeal filing period and are encouraged to provide a copy 
to the appellants at the same time. An interested party can obtain the 
address of the Appeal Reviewing Officer and appellants by contacting the 
Appeal Deciding Officer.
    (f) Time period for formal disposition. Unless an appeal is resolved 
through the informal disposition process provided for in Sec. 215.16, 
the following timeframe and process shall apply:
    (1) Transmittal of decision documentation. Within 15 days of the 
close of the appeal filing period, the Responsible Official shall 
transmit the appeal record to the Appeal Reviewing Officer.
    (2) Review recommendation. Within 30 days of the close of the appeal 
filing period, the Appeal Reviewing Officer shall review the appeal 
record and forward it to the Appeal Deciding Officer with a written 
recommendation on the disposition of the appeal(s). The Appeal Reviewing 
Officer's recommendation shall be released upon issuance of an appeal 
decision.
    (3) Appeal decision. Within 45 days following the end of the appeal 
filing period, the Appeal Deciding Officer shall issue a written 
decision or otherwise give notice to appellant(s) concerning the 
disposition of the appeal. The decision or notice shall briefly explain 
why the Responsible Official's original decision was affirmed or 
reversed, in whole or in part.