[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: 36CFR251.99]

[Page 340-341]
 
              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. 251.99  Appeal decision.

    (a) The Reviewing Officer shall base the appeal decision on the 
appeal record and applicable laws, regulations, orders, policies, and 
procedures.

[[Page 341]]

    (b) The Reviewing Officer shall affirm or reverse the original 
decision whole or in part and include the reason(s) for the decision. 
The Reviewing Officer may also include in the appeal decision 
instructions for further action by the Deciding Officer.
    (c) At the first level of appeal, the Reviewing Officer shall make 
and issue an appeal decision within 30 days of the date the record is 
closed.
    (d) At the second level of appeal provided in Sec. 251.87(c), the 
Reviewing Officer shall make and issue an appeal decision within 30 days 
of the date the record is received from the first level Reviewing 
Officer.
    (e) The Reviewing Officer shall send a copy of all appeal decisions 
to all participants.
    (f) Unless the next higher officer exercises the discretion to 
review an appeal decision as provided in Sec. Sec. 251.87(e) and 
251.100 of this subpart, the appeal decision is the final administrative 
decision of the Department of Agriculture and is not subject to further 
review under this subpart or part 217 of this chapter.

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