[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: 43CFR3150.2]



[Page 420-421]

 

                    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



[[Page 421]]



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]