[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: 36CFR251.98]

[Page 306-307]
 
              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. 251.98  Appeal record.

    The following rules apply only to the appeal record for appeals at 
the first level (Sec. 251.87 (a), (b)):
    (a) It is the responsibility of the Reviewing Officer to maintain in 
one location the documents related to the appeal.
    (b) The record consists of the documents filed with the Reviewing 
Officer

[[Page 307]]

including, but not limited to, the notice of appeal, responsive 
statement, replies to submissions by various parties to the appeal, 
orders and determinations made on the conduct of the appeal, and 
correspondence.
    (c) The Reviewing Officer has discretion to remove from the record 
documents that were not sent to all parties to an appeal.
    (d) Unless the Reviewing Officer has ordered otherwise, the appeal 
record closes with the expiration of the time period for filing of the 
reply(ies) to the responsive statement, or at the conclusion of an oral 
presentation, if there is one. The Reviewing Officer shall notify all 
parties to an appeal of the closure of the record.
    (e) The appeal record is open to public inspection.
    (f) In appeals involving initial decisions of the Chief 
(Sec. 251.87(a)), the establishment of an administrative record as 
defined in paragrapn (a) of this section shall not begin unless the 
Secretary elects to review the appeal. Except for the initial notice of 
appeal, any filings made previous to the Secretary's election to review 
will not be accepted.

[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]