[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR3150.2]

[Page 408]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 3150_ONSHORE OIL AND GAS GEOPHYSICAL EXPLORATION--Table of Contents
 
    Subpart 3150_Onshore Oil and Gas Geophysical Exploration; General
 
Sec. 3150.2  Appeals.

    (a) A party adversely affected by a decision or approval of the 
authorized officer may appeal that decision to the Interior Board of 
Land Appeals as set forth in part 4 of this title.
    (b) All decisions and approvals of the authorized officer under this 
part shall remain effective pending appeal unless the Interior Board of 
Land Appeals determines otherwise upon consideration of the standards 
stated in this paragraph. The provisions of 43 CFR 4.21(a) shall not 
apply to any decision or approval of the authorized officer under this 
part. A petition for a stay of a decision or approval of the authorized 
officer shall be filed with the Interior Board of Land Appeals, Office 
of Hearings and Appeals, Department of the Interior, and shall show 
sufficient justification based on the following standards:
    (1) The relative harm to the parties if the stay is granted or 
denied,
    (2) The likelihood of the appellant's success on the merits,
    (3) The likelihood of irreparable harm to the appellant or resources 
if the stay is not granted, and
    (4) Whether the public interest favors granting the stay.

Nothing in this paragraph shall diminish the discretionary authority of 
the authorized officer to stay the effectiveness of a decision subject 
to appeal pursuant to paragraph (a) of this section upon a request by an 
adversely affected party or on the authorized officer's own initiative. 
If the authorized officer denies such a request, the requester can 
petition for a stay of the denial decision by filing a petition with the 
Interior Board of Land Appeals that addresses the standards described 
above in this paragraph.

[57 FR 9012, Mar. 13, 1992, as amended at 57 FR 44336, Sept. 25, 1992]