[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR1610.5-2]



[Page 21]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 1600_PLANNING, PROGRAMMING, BUDGETING--Table of Contents

 

                Subpart 1610_Resource Management Planning

 

Sec.  1610.5-2  Protest procedures.



    (a) Any person who participated in the planning process and has an 

interest which is or may be adversely affected by the approval or 

amendment of a resource management plan may protest such approval or 

amendment. A protest may raise only those issues which were submitted 

for the record during the planning process.

    (1) The protest shall be in writing and shall be filed with the 

Director. The protest shall be filed within 30 days of the date the 

Environmental Protection Agency published the notice of receipt of the 

final environmental impact statement containing the plan or amendment in 

the Federal Register. For an amendment not requiring the preparation of 

an environmental impact statement, the protest shall be filed within 30 

days of the publication of the notice of its effective date.

    (2) The protest shall contain:

    (i) The name, mailing address, telephone number and interest of the 

person filing the protest;

    (ii) A statement of the issue or issues being protested;

    (iii) A statement of the part or parts of the plan or amendment 

being protested;

    (iv) A copy of all documents addressing the issue or issues that 

were submitted during the planning process by the protesting party or an 

indication of the date the issue or issues were discussed for the 

record; and

    (v) A concise statement explaining why the State Director's decision 

is believed to be wrong.

    (3) The Director shall promptly render a decision on the protest. 

The decision shall be in writing and shall set forth the reasons for the 

decision. The decision shall be sent to the protesting party by 

certified mail, return receipt requested.

    (b) The decision of the Director shall be the final decision of the 

Department of the Interior.