[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR23.12]

[Page 444-445]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 23--SURFACE EXPLORATION, MINING AND RECLAMATION OF LANDS--Table of Contents
 
Sec. 23.12  Appeals.

    (a) A person adversely affected by a decision or order of a district 
manager or of a mining supervisor made pursuant to the provisions of 
this part shall have a right of appeal to the Board of Land Appeals, 
Office of Hearings and Appeals, whenever the decision appealed from was 
rendered by a district manager, or to the Director of the Geological 
Survey if the decision or order appealed from was rendered by a mining 
supervisor, and the further right to appeal to the Board of Land Appeals 
from an adverse decision of the Director of the Geological Survey unless 
such decision was approved by the Secretary prior to promulgation.
    (b) Appeals to the Board of Land Appeals shall be made pursuant to 
part 4 of this title. Appeals to the Director of the Geological Survey 
shall be made in the manner provided in 30 CFR part 290.
    (c) In any case involving a permit, lease, or contract for lands 
under the jurisdiction of an agency other than the Department of the 
Interior, or a bureau of the Department of the Interior other than the 
Bureau of Land Management, the officer rendering a decision or order 
shall designate the authorized officer of such agency as an adverse 
party on whom a copy of any notice of appeal and any statement of 
reasons, written arguments, or briefs must be served.
    (d) Hearings to present evidence on an issue of fact before an 
administrative law judge may be ordered by the Board of Land Appeals or 
the Director of the Geological Survey, as the case

[[Page 445]]

may be, in accordance with the procedure set forth in part 4 of this 
title.

[35 FR 10009, June 18, 1970, as amended at 36 FR 7206, Apr. 15, 1971; 38 
FR 10009, Apr. 23, 1973]