[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: 36CFR251.103]

[Page 308-309]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251--LAND USES--Table of Contents
 
Subpart C--Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands
 
Sec. 251.103   Mediation of term grazing permit disputes.

    (a) Decisions subject to mediation. In those States with Department 
of Agriculture certified mediation programs, any holder of a term 
grazing permit may request mediation, if a Deciding Officer issues a 
decision to suspend or cancel a term grazing permit, in whole or in 
part, as authorized by 36 CFR 222.4 (a)(2)(i), (ii), (iv), (v), and 
(a)(3) through (a)(6).
    (b) Parties. Notwithstanding the provisions addressing parties to an 
appeal at Sec. 251.86, only the following may participate in mediation 
of term grazing permit disputes under this section:
    (1) A mediator authorized to mediate under a Department of 
Agriculture State certified mediation program:
    (2) The Deciding Officer who made the decision being mediated, or 
designee;
    (3) The holder whose term grazing permit is the subject of the 
Deciding Officer's decision and who has requested mediation in the 
notice of appeal;
    (4) The holder's creditors, if applicable; and
    (5) Legal counsel, if applicable. The Forest Service will have legal 
counsel participate only if the permittee choose to have legal counsel.
    (c) Timeframe. When an appellant simultaneously requests mediation 
at the time an appeal is filed (Sec. 251.84), the Reviewing Officer 
shall immediately notify, by certified mail, all parties to the appeal 
that, in order to allow for mediation, the appeal is suspended for 45 
calendar days from the date of the

[[Page 309]]

Reviewing Officer's notice. If agreement has not been reached at the end 
of 45 calendar days, but it appears to the Deciding Officer that a 
mediated agreement may soon be reached, the Reviewing Officer may 
notify, by certified mail, all parties to the appeal that the period for 
mediation is extended for a period of up to 15 calendar days from the 
end of the 45-day appeal suspension period. If a mediated agreement 
cannot be reached under the specified timeframes, the Reviewing Officer 
shall immediately notify, by certified mail, all parties to the appeal 
that mediation was unsuccessful, that the stay granted during mediation 
is lifted, and that the timeframes and procedures applicable to an 
appeal (Sec. 251.89) are reinstated as of the date of such notice.
    (d) Confidentiality. Mediation sessions shall be confidential; 
moreover, dispute resolution communications, as defined in 5 U.S.C. 
571(5), shall be confidential. However, the final agreement signed by 
the Forest Service official and the permit holder is subject to public 
disclosure.
    (e) Records. Notes taken or factual material received during 
mediation sessions are not to be entered as part of the appeal record.
    (f) Cost. The United States Government shall cover only incurred 
expenses of its own employees in mediation sessions.
    (g) Exparte communication. Except to request a time extension or 
communicate the results of mediation pursuant to paragraph (d) of this 
section, the Deciding Officer, or designee, shall not discuss mediation 
and/or appeal matters with the Reviewing Officer.

[64 FR 37846, July 14, 1999