[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR215.15]

[Page 38]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 215_NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST 
SYSTEM PROJECTS AND ACTIVITIES--Table of Contents
 
Sec.  215.15  Appeal time periods and process.

    (a) Time to file an appeal. Written appeals, including any 
attachments, must be filed with the Appeal Deciding Officer within 45 
days following the publication date of the legal notice of the decision 
in the newspaper of record (Sec.  215.7). It is the responsibility of 
appellants to ensure that their appeal is received in a timely manner.
    (b) Computation of time periods. (1) All time periods are computed 
using calendar days, including Saturdays, Sundays, and Federal holidays. 
However, when the time period expires on a Saturday, Sunday, or Federal 
holiday, the time is extended to the end of the next Federal working day 
(11:59 p.m.).
    (2) The day after the publication of the legal notice of the 
decision in the newspaper of record (Sec.  215.7) is the first day of 
the appeal-filing period.
    (3) The publication date of the legal notice of the decision in the 
newspaper of record is the exclusive means for calculating the time to 
file an appeal. Appellants should not rely on dates or timeframe 
information provided by any other source.
    (c) Evidence of timely filing. When there is a question about timely 
filing of an appeal, timeliness shall be determined by:
    (1) The date of the postmark, e-mail, fax, or other means of filing 
(for example, express delivery service) an appeal and any attachment;
    (2) The time and date imprint at the correct Appeal Deciding 
Officer's office on a hand-delivered appeal and any attachments; or
    (3) When an appeal is electronically mailed, the appellant should 
normally receive an automated electronic acknowledgment from the agency 
as confirmation of receipt. If the appellant does not receive an 
automated acknowledgment of the receipt of the appeal, it is the 
appellant's responsibility to ensure timely receipt by other means.
    (d) Extensions. Time extensions, except as noted in paragraph (b) of 
this section, are not permitted.
    (e) Other timeframes. Unless an appeal is resolved through the 
informal disposition process (Sec.  215.17), the following timeframes 
and processes shall apply:
    (1) Transmittal of decision documentation. Within 15 days of the 
close of the appeal-filing period, the Responsible Official shall 
transmit the decision documentation to the Appeal Reviewing Officer 
including a list of those individuals or organizations who submitted 
substantive comments.
    (2) Appeal disposition. Within 45 days following the end of the 
appeal-filing period, the Appeal Deciding Officer should render a 
written decision to the appellant(s) concerning their appeal. When an 
appeal decision is not rendered by day 45, the Appeal Deciding Officer 
shall notify the appellant(s) in writing that an appeal decision will 
not be issued (Sec.  215.18(b).
    (3) When an appeal decision is not issued within 45 days, the 
Responsible Official's decision is deemed the final agency action.