[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR9.14]

[Page 169]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 9_MINERALS MANAGEMENT--Table of Contents
 
                   Subpart A_Mining and Mining Claims
 
Sec.  9.14  Appeals.

    (a) Any operator aggrieved by a decision of the Regional Director in 
connection with the regulations in this part may file with the Regional 
Director a written statement setting forth in detail the respects in 
which the decision is contrary to, or in conflict with, the facts, the 
law, these regulations, or is otherwise in error. No such appeal will be 
considered unless it is filed with the Regional Director within thirty 
(30) days after the date of notification to the operator of the action 
or decision complained of. Upon receipt of such written statement from 
the aggrieved operator, the Regional Director shall promptly review the 
action or decision and either reverse his original decision or prepare 
his own statement, explaining that decision and the reasons therefor, 
and forward the statement and record on appeal to the Director, National 
Park Service, for review and decision. Copies of the Regional Director's 
statement shall be furnished to the aggrieved operator, who shall have 
20 days within which to file exceptions to the Regional Director's 
decision. The Department has the discretion to initiate a hearing before 
the Office of Hearing and Appeals in a particular case. (See 43 CFR 
4.700.)
    (b) The official files of the National Park Service on the proposed 
plan of operations and any testimony and documents submitted by the 
parties on which the decision of the Regional Director was based shall 
constitute the record on appeal. The Regional Director shall maintain 
the record under separate cover and shall certify that it is the record 
on which his decision was based at the time it is forwarded to the 
Director of the National Park Service. The National Park Service shall 
make the record available to the operator upon request.
    (c) If the Director considers the record inadequate to support the 
decision on appeal, he may provide for the production of such additional 
evidence or information as may be appropriate, or may remand the case to 
the Regional Director, with appropriate instructions for further action.
    (d) On or before the expiration of forty-five (45) days after his 
receipt of the exceptions to the Regional Director's decision, the 
Director shall make his decision in writing; Provided, however, That if 
more than forty-five (45) days are required for a decision after the 
exceptions are received, the Director shall notify the parties to the 
appeal and specify the reason(s) for delay. The decision of the Director 
shall include (1) a statement of facts, (2) conclusions, and (3) reasons 
upon which the conclusions are based. The decision of the Director shall 
be the final administrative action of the agency on a proposed plan of 
operations.
    (e) A decision of the Regional Director from which an appeal is 
taken shall not be automatically stayed by the filing of a statement of 
appeal. A request for a stay may accompany the statement of appeal or 
may be directed to the Director. The Director shall promptly rule on 
requests for stays. A decision of the Director on request for a stay 
shall constitute a final administrative decision.