[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: 36CFR251.87]

[Page 335]
 
              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. 251.87  Levels of appeal.

    (a) Decisions made by the Chief. If the Chief of the Forest Service 
is the Deciding Officer, the appeal is to the Secretary of Agriculture. 
Review by the Secretary is discretionary. Within 15 calendar days of 
receipt of a timely notice of appeal, the Secretary shall determine 
whether or not to review the decision. If the Secretary has not decided 
to review the Chief's decision by the expiration of the 15-day period, 
the requester(s) shall be notified by the Secretary's office that the 
Chief's decision is the final administrative decision of the Department 
of Agriculture. When the Secretary elects to review an initial decision 
made by the Chief, the Secretary shall conduct the review in accordance 
with the first level appeal procedures outlined in this rule.
    (b) Decisions made By Forest Supervisors and Regional Foresters. 
Only one level of appeal is available on written decisions by Forest 
Service line officers below the level of the Chief and above the level 
of the District Ranger. The levels of available appeal are as follows:
    (1) If the decision is made by a Forest Supervisor, the appeal is 
filed with the Regional Forester;
    (2) If the decision is made by a Regional Forester, the appeal is 
filed with the Chief of the Forest Service.
    (c) Decisions made by the District Ranger. Two levels of appeal are 
available for written decisions by District Rangers.
    (1) The appeal for initial review is filed with the Forest 
Supervisor.
    (2) The appeal for a second level of review is filed with the 
Regional Forester within 15 days of the first level appeal decision. 
Upon receiving such a request, the Regional Forester shall promptly 
request the first level file from the Forest Supervisor. The review 
shall be conducted on the existing record and no additional information 
shall be added to the file.
    (d) Discretionary review of dismissal decisions. Dismissal decisions 
rendered by Forest Service line officers pursuant to this part (Sec. 
251.92) are subject to only one level of discretionary review (Sec. 
251.100) as follows:
    (1) If the Reviewing Officer was the Forest Supervisor, the Regional 
Forester has discretion to review.
    (2) If the Reviewing Officer was the Regional Forester, the Chief 
has discretion to review.
    (3) If the Reviewing Officer was the Chief, the Secretary of 
Agriculture has discretion to review.
    (e) Discretionary review of appeal decisions. Appeal decisions 
rendered by Regional Foresters and the Chief pursuant to this part are 
subject to only one level of discretionary review as follows:
    (1) If the Reviewing Officer is the Regional Forester, the Chief of 
the Forest Service has discretion to review.
    (2) If the Reviewing Officer is Chief, the Secretary of Agriculture 
has discretion to review.
    (3) A Regional Forester's decision on a second-level appeal 
constitutes the final administrative determination of the Department of 
Agriculture on the appeal and is not subject to further review by a 
higher level officer under this subpart.

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