[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.81]

[Page 332-333]
 
              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. 251.81  Definitions and terminology.

    For the purposes of this subpart, the following terms are defined:
    Appeal. A request to a higher ranking officer for relief from a 
written decision filed under this subpart by an applicant for or a 
holder of a written instrument issued or approved by a Forest Service 
line officer.
    Appeal decision. The written decision rendered by the Reviewing 
Officer on an appeal for relief under this subpart. The use of this term 
is limited to the final decision of a Reviewing Officer and does not 
refer to a stay decision or to any other determinations or procedural 
orders made on the conduct of an appeal (Sec. 251.99).
    Appeal record. The documents submitted to the Reviewing Officer by 
an appellant, intervenor, or Deciding Officer (Sec. 251.98).
    Appellant. An eligible applicant for or holder of a written 
instrument issued for the occupancy and use of National Forest System 
land (or their authorized agent or representative) who files an appeal 
pursuant to the provisions of this subpart (Sec. 251.86).
    Deciding officer. The Forest Service line officer who makes a 
decision related to issuance, approval, or administration of an 
authorization to occupancy and use National Forest System lands that is 
appealed under this subpart.
    Decisions regarding a written instrument or authorization to occupy 
and use National Forest System lands. A broad, all inclusive phrase used 
throughout this subpart to connote the full range of actions and 
decisions a forest officer takes to issue written instruments, or to 
manage authorized uses of National Forest System lands, including, but 
not limited to, enforcement of terms and conditions, and suspension, 
cancellation, and/or termination of an authorization.
    Forest Service line officer. The Chief of the Forest Service or a 
Forest Service official who serves in a direct line of command from the 
Chief and who has the delegated authority to make and execute decisions 
under this subpart. Specifically, for the purposes of this subpart, a 
Forest Service employee who holds one of the following offices and 
titles: District Ranger, Forest Supervisor, Deputy Forest Supervisor, 
Regional Forester, Deputy Regional Forester, Deputy Chief, Associate 
Deputy Chief, Associate Chief, or the Chief of the Forest Service.
    Intervenor. An individual who, or organization that, is an applicant 
for or holder of the written instrument, or a similar instrument, issued 
by the Forest Service that is the subject of an appeal, and who has an 
interest that could be affected by an appeal, and who has made a timely 
request to intervene in that appeal, and who has been granted intervenor 
status by the Reviewing Officer (Sec. 251.96).
    Issuance of a written instrument of authorization. Applies both to 
decisions to grant and to deny a written instrument or authorization.

[[Page 333]]

    Notice of appeal. The document prepared and filed by an appellant to 
dispute a decision subject to review under this subpart (Sec. 251.90).
    Oral presentation. An informal meeting (in person or by telephone) 
at which an appellant, intervenor, and/or Deciding Officer may present 
information related to an appeal to the Reviewing Officer (Sec. 
251.97).
    Parties to an appeal. The appellant(s), intervenor(s), and the 
Deciding Officer.
    Responsive statement. A written document prepared by a Deciding 
Officer that responds to the notice of appeal record by an appellant 
(Sec. 251.94).
    Reviewing Officer. The officer at the next administrative level 
above that of the Deciding Officer who conducts appeal proceedings, 
makes all necessary rulings regarding conduct of an appeal, and issues 
the appeal decision.
    Written instrument or authorization. Any of those kinds of documents 
listed in Sec. 251.82 of this subpart issued or approved by the Forest 
Service authorizing an individual, organization or other entity to 
occupy and use National Forest System lands and resources.

[54 FR 3362, Jan. 23, 1989; 54 FR 13807, Apr. 5, 1989]