[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: 36CFR251.88]

[Page 335-336]
 
              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. 251.88  Filing procedures.

    (a) Filing procedures. In order to appeal a decision under this 
subpart, an appellant must:
    (1) File a notice of appeal in accordance with Sec. 251.90 of this 
subpart with the next higher line officer as identified in Sec. 251.87.

[[Page 336]]

    (2) File the notice of appeal within 45 days of the date on the 
notice of the written decision being appealed (Sec. 251.84); and
    (3) Simultaneously send a copy of the notice of appeal to the 
Deciding Officer.
    (b) Evidence of timely filing. It is the responsibility of those 
filing an appeal to file the notice of appeal by the end of the filing 
period. In the event of questions, legible postmarks will be considered 
evidence of timely filing. Where postmarks are illegible, the Reviewing 
Officer shall rule on the timeliness of the notice of appeal. Untimely 
submissions are subject to dismissal as provided for in Sec. 
251.92(a)(2).
    (c) Computation of time period for filing. (1) The time period for 
filing a notice of appeal of a decision under this subpart begins on the 
first day after the Deciding Officer's written notice of the decision. 
All other time periods applicable to this subpart also will be computed 
to begin on the first day following an event or action related to the 
appeal.
    (2) Time periods applicable to this subpart are computed using 
calendar days. Saturdays, Sundays, or Federal holidays are included in 
computing the time allowed for filing an appeal; however, when the 
filing period would expire on a Saturday, Sunday, or Federal holiday the 
filing time is extended to the end of the next Federal working day.