[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: 36CFR251.93]

[Page 286]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
Subpart C_Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands
 
Sec.  251.93  Resolution of issues.

    (a) Authorized Forest Service officers shall, to the extent 
practicable and consistent with the public interest, consult and meet in 
person, or by phone, with holders of written instruments prior to 
issuing written decisions related to administration of a written 
authorization. The purpose of such meetings is to discuss any issues or 
concerns related to the authorized use and to reach a common 
understanding and agreement where possible prior to issuance of a 
written decision.
    (b) When decisions are appealed, the Deciding Officer may discuss 
the appeal with the appellant(s) and intervenor(s) together or 
separately to narrow issues, agree on facts, and explore opportunities 
to resolve the issues by means other than review and decision on the 
appeal, including mediation pursuant to Sec.  251.103. At the request of 
the Deciding Officer, the Reviewing Officer may extend the time period 
to allow for meaningful negotiations, except for appeals under review at 
the discretionary level. In the event of mediation of a grazing dispute 
under Sec.  251.103, the Reviewing Officer may extend the time for 
mediation only as provided in Sec.  251.103.
    (c) The Deciding Officer has the authority to withdraw a decision, 
in whole or in part, during the appeal. Where a Deciding Officer decides 
to withdraw a decision, all parties to the appeal and the Reviewing 
Officer must receive written notice.

[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989; 64 
FR 37846, July 14, 1999]