[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: 36CFR251.96]

[Page 287]
 
              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.  251.96  Intervention.

    (a) A request to intervene in an appeal may be made at any time 
prior to the closing of the appeal record (Sec.  251.98) at the first 
level of appeal (Sec.  251.87). Requests to intervene in an appeal at 
the discretionary review level (Sec.  251.87(d)) shall be denied.
    (b) To request intervention in a first-level appeal under this 
subpart, a party, at a minimum, must:
    (1) Submit a written petition to intervene to the Reviewing Officer,
    (2) Be, as defined at Sec.  251.81 of this subpart, an applicant for 
or holder of a written instrument issued by the Forest Service that is 
the subject of or affected by the appeal, and have an interest that 
could be directly affected by a decision on the appeal, and
    (3) Show, in the request for intervention, how the decision on the 
appeal would directly affect petitioner's interests.
    (c) The Reviewing Officer determines whether a party requesting 
intervention meets the requirements of paragraph (a) of this section. In 
granting intervention, the Reviewing Officer must give notice to all 
other parties to the appeal.
    (d) A granting or denial of intervention is not subject to appeal to 
a higher level.
    (e) Appellants and intervenors must concurrently furnish copies of 
all submissions to each other as well as the Deciding Officer. Failure 
to provide each other copies may result in removal of a submission from 
the appeal record. At the discretion of the Reviewing Officer, 
appellants may be given additional time to review and comment on initial 
submissions by intervenors.
    (f) An intervenor cannot continue an appeal if the appellant 
withdraws the appeal.

[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]