[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR7.36]



[Page 216]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

      Subpart B_Department of the Interior Supplemental Regulations

 

Sec.  7.36  Permit reviews and disputes.



    (a) Any affected person disputing the decision of a Federal land 

manager with respect to the issuance or denial of a permit, the 

inclusion of specific terms and conditions in a permit, or the 

modification, suspension, or revocation of a permit may request the 

Federal land manager to review the disputed decision and may request a 

conference to discuss the decision and its basis.

    (b) The disputant, if unsatisfied with the outcome of the review or 

conference, may request that the decision be reviewed by the head of the 

bureau involved.

    (c) Any disputant unsatisfied with the higher level review, and 

desiring to appeal the decision, pursuant to Sec.  7.11 of this part, 

should consult with the appropriate Federal land manager regarding the 

existence of published bureau appeal procedures. In the absence of 

published bureau appeal procedures, the review by the head of the bureau 

involved will constitute the final decision.

    (d) Any affected person may request a review by the Departmental 

Consulting Archeologist of any professional issues involved in a bureau 

permitting decision, such as professional qualifications, research 

design, or other professional archaeological matters. The Departmental 

Consulting Archeologist shall make a final professional recommendation 

to the head of the bureau involved. The head of the bureau involved will 

consider the recommendation, but may reject it, in whole or in part, for 

good cause. This request should be in writing, and should state the 

reasons for the request. See Sec.  7.33(f) for the address of the 

Departmental Consulting Archeologist.