PART 214—POSTDECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR OCCUPANCY OR USE OF NATIONAL FOREST SYSTEM LANDS AND RESOURCES Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 551. Source: 78 FR 33717, June 5, 2013, unless otherwise noted. § 214.1 Purpose and scope. (a) Purpose. (b) Scope. § 214.2 Definitions. Appeal. Appeal Deciding Officer. Appeal decision. Appeal record. Appellant. Cancellation. Discretionary Reviewing Officer. Holder. Intervenor. Modification. Operator. Oral presentation. Prospectus. Responsible Official. Responsive statement. Revocation. Solicited applicant. Suspension. Termination. Written authorization. § 214.3 Parties to an appeal. Parties to an appeal under this part are limited to the holder, operator, or solicited applicants who are directly affected by an appealable decision, intervenors, and the Responsible Official. § 214.4 Decisions that are appealable. To be appealable under this part, a decision must be issued by a Responsible Official in writing and must fall into one of the following categories: (a) Livestock grazing. (2) Suspension or cancellation, other than cancellation resulting from the permittee's waiver to the United States, of a term grazing permit issued under 36 CFR part 222, subpart A; (3) Denial of reauthorization of livestock grazing under a term grazing permit if the holder files an application for a new permit before the existing permit expires; or (4) Denial of a term grazing permit to a solicited applicant under 36 CFR part 222, subpart C. (b) Minerals. (2) Approval or denial of an operating plan, issuance of a notice of noncompliance, or extension, suspension, or cancellation, other than cancellation by mutual agreement, for or of contracts, permits, or prospecting permits for mineral materials issued under 36 CFR part 228, subpart C; (3) Approval or denial of a surface use plan of operations, request concerning the surface use portion of a sundry notice, request for a waiver or exception from or modification to an oil and gas lease stipulation, shut down of oil and gas operations, issuance of a notice of noncompliance, or denial of a request for noncompliance notice deadline extension pursuant to 36 CFR part 228, subpart E; (4) Consent or denial of consent to the U.S. Department of the Interior's administration of previously issued leases or permits for leasable minerals other than oil and gas resources; (5) Suspension or revocation of an operating plan for Federal lands within the Sawtooth National Recreation Area pursuant to 36 CFR part 292, subpart D; (6) Suspension of locatable mineral operations on National Forest System lands within the Hells Canyon National Recreation Area pursuant to 36 CFR part 292, subpart F; (7) Suspension of locatable mineral operations on National Forest System lands within the Smith River National Recreation Area or approval of an initial or amended operating plan for exercise of outstanding mineral rights on National Forest System lands within the Smith River National Recreation Area pursuant to 36 CFR part 292, subpart G; (8) Except as provided in paragraph (7), determinations of the acceptability of an initial or amended operating plan for exercise of outstanding mineral rights on National Forest System lands; or (9) Determinations of the acceptability of an initial or amended operating plan for exercise of reserved mineral rights located on National Forest System lands. (c) Special uses. (i) A special use authorization issued under 36 CFR part 251, subpart B or D, other than modification, suspension, or revocation of a noncommercial group use permit; suspension or revocation of a permit or easement issued under 36 CFR 251.53(e); suspension or revocation of an easement issued under 36 CFR 251.53(l); revocation for nonuse of an easement issued under 36 CFR 251.53(j); or revocation of a special use authorization with the consent of the holder. (ii) A special use authorization issued under 36 CFR part 212, subpart A, for ingress and egress to private lands that are intermingled with or adjacent to National Forest System lands; (iii) A special use authorization issued under 36 CFR part 251, subpart A, that authorizes the exercise of rights reserved in conveyances to the United States; (iv) A permit and occupancy agreement issued under 36 CFR 213.3 for national grasslands and other lands administered under Title III of the Bankhead-Jones Farm Tenant Act; (v) A permit issued under 36 CFR 293.13 for access to valid occupancies entirely within a wilderness in the National Forest System. (vi) A permit issued under the Archaeological Resources Protection Act of 1979 and 36 CFR part 296 for excavation or removal of archaeological resources; and (vii) A special use authorization governing surface use associated with the exercise of outstanding mineral rights; (2) Denial of a special use authorization to a solicited applicant based on the process used to select a successful applicant; (3) Implementation of new land use fees for a special use authorization, other than: (i) Revision or replacement of a land use fee system or schedule that is implemented through public notice and comment; and (ii) Annual land use fee adjustments based on an inflation factor that are calculated under an established fee system or schedule in accordance with the terms and conditions of a written authorization; (4) Assignment of a performance rating that affects reissuance or extension of a special use authorization; or (5) Denial of renewal of a special use authorization if it specifically provides for renewal and if the holder requests renewal of the authorization before it expires. (6) A decision of whether to temporarily reduce the annual land use fee for a recreation residence permit during a period of significantly restricted access to or occupancy of the recreation residence. (d) Other land uses. (e) Paleontological resources. [78 FR 33717, June 5, 2013, as amended at 80 FR 21629, Apr. 17, 2015; 88 FR 84707, Dec. 6, 2023; 89 FR 72994, Sept. 9, 2024; 91 FR 3659, Jan. 28, 2026] § 214.5 Decisions that are not appealable. Holders, operators, and solicited applicants may not appeal under this part any decisions issued by a Responsible Official that are not expressly set forth in § 214.4. § 214.6 Notice of an appealable decision. (a) The Responsible Official shall promptly give written notice of decisions subject to appeal under this part to the affected holder, operator, or solicited applicants and to any holder of a similar written authorization who has made a written request to be notified of a specific decision. (b) If the decision is appealable, the notice must specify the contents of an appeal, the name and mailing address of the Appeal Deciding Officer, and the filing deadline. The notice shall also include a statement indicating the Responsible Official's willingness to meet with the affected holder, operator, or solicited applicants to discuss any issues related to the decision and, where applicable, informing term grazing permit holders of the opportunity to request mediation in accordance with 36 CFR 222.20 through 222.26. (c) If the decision is not appealable, the Responsible Official must include a statement in the written decision informing the affected holder, operator, or solicited applicants that further administrative review of the decision is not available. § 214.7 Levels of review. (a) Appeal. (2) No appeal is available for decisions made by the Chief. (b) Discretionary review. (2) Decisions made by the Chief that fall into one of the categories enumerated in 36 CFR 214.4 are eligible for discretionary review by the Under Secretary for Natural Resources and Environment. § 214.8 Appeal content. (a) General requirements for the contents of an appeal. (1) The appellant's name, mailing address, daytime telephone number, and email address, if any; (2) A brief description of the decision being appealed, including the name and title of the Responsible Official and the date of the decision; (3) The title or type and, if applicable, identification number for the written authorization and the date of application for or issuance of the written authorization, if applicable; (4) A statement of how the appellant is adversely affected by the decision being appealed; (5) A statement of the relevant facts underlying the decision being appealed; (6) A discussion of issues raised by the decision being appealed, including identification of any laws, regulations, or policies that were allegedly violated in reaching the decision being appealed; (7) A statement as to whether and how the appellant has attempted to resolve the issues under appeal with the Responsible Official and the date and outcome of those efforts; (8) A statement of the relief sought; (9) Any documents and other information upon which the appellant relies; and (10) The appellant's signature and the date. (b) Specific requirements for the contents of an appeal. (1) A request for an oral presentation under § 214.16; (2) A request for a stay under § 214.13; and (3) A request to participate in a state mediation program regarding certain term grazing permit disputes under 36 CFR part 222, subpart B. § 214.9 Filing of an appeal. (a) Timeframe for filing an appeal. (b) Method of filing. § 214.10 Dismissal of an appeal. (a) The Appeal Deciding Officer shall dismiss an appeal without review when one or more of the following applies: (1) The appeal is not filed within the required time period. (2) The person or entity that filed the appeal is not a holder, an operator, or a solicited applicant of a written authorization that is the subject of the appealable decision. (3) The decision is not appealable under this part. (4) The appeal does not meet the content requirements specified in § 214.8(a), provided that an appeal may not be dismissed for failure to include an appraisal report which has not been completed by the filing deadline. (5) The appellant withdraws the appeal. (6) The Responsible Official withdraws the written decision that was appealed. (7) An informal resolution of the dispute is reached pursuant to § 214.15 or a mediated agreement of a term grazing dispute is achieved pursuant to 36 CFR part 222, subpart B. (8) The requested relief cannot be granted under applicable facts, laws, regulations, or policies. (b) The Appeal Deciding Officer shall give written notice of the dismissal of an appeal and shall set forth the reasons for dismissal. § 214.11 Intervention. (a) Eligibility to intervene. (1) Be a holder, an operator, or a solicited applicant who claims an interest relating to the subject matter of the decision being appealed and is so situated that disposition of the appeal may impair that interest; and (2) File a written request to intervene with the Appeal Deciding Officer within 15 days after an appeal has been filed. (b) Request to intervene. (1) The requester's name, mailing address, daytime telephone number, and email address, if any; (2) A brief description of the decision being appealed, including the name and title of the Responsible Official and the date of the decision; (3) The title or type and, if applicable, identification number for the written authorization and the date of application for or issuance of the written authorization, if applicable; (4) A description of the requester's interest in the appeal and how disposition of the appeal may impair that interest; (5) A discussion of the factual and legal allegations in the appeal with which the requester agrees or disagrees; (6) A description of additional facts and issues that are not raised in the appeal that the requester believes are relevant and should be considered; (7) A description of the relief sought, particularly as it differs from the relief sought by the appellant; (8) Where applicable, a response to the appellant's request for a stay of the decision being appealed; (9) Where applicable, a response to the appellant's request for an oral presentation; (10) Where applicable, a response to the appellant's request for mediation of a term grazing permit dispute under 36 CFR part 222, subpart B; and (11) The requester's signature and the date. (c) Response to a request to intervene. (d) Intervention decision. § 214.12 Responsive statement and reply. (a) Responsive statement. (b) Reply. § 214.13 Stays. (a) Implementation. (b) Authorized stays. (1) Stay request. (i) A description of the adverse impact on the appellant if a stay is not granted; (ii) A description of the adverse impact on National Forest System lands and resources if a stay is not granted; or (iii) An explanation as to how a meaningful decision on the merits of the appeal could not be achieved if a stay is not granted. (2) Stay response. (3) Stay decision. (c) Automatic stays. (1) Decisions to issue a written authorization pursuant to a prospectus; (2) Decisions to recalculate revenue-based land use fees for a special use authorization pursuant to an audit issued after June 5, 2013; and (3) Decisions to cancel or suspend a term grazing permit subject to mediation under 36 CFR 222.20 and for which mediation is requested in accordance with that provision. (d) Stay duration. (e) Modification or lifting of a stay. § 214.14 Conduct of an appeal. (a) Evidence of timely filing. (1) The date of the U.S. Postal Service postmark for an appeal received before the close of the fifth business day after the appeal filing date; (2) The electronically generated posted date and time for email and facsimiles; (3) The shipping date for delivery by private carrier for an appeal received before the close of the fifth business day after the appeal filing date; or (4) The official agency date stamp showing receipt of hand delivery. (b) Computation of time. (2) All time periods shall be computed using calendar days, including Saturdays, Sundays, and Federal holidays. However, if a time period ends on a Saturday, Sunday, or Federal holiday, the time period is extended to the end of the next Federal business day. (c) Extensions of time In general. (2) Time periods that may not be extended. (i) The time period for filing an appeal; (ii) The time period to decide whether to conduct discretionary review of an appeal decision or a Chief's decision; and (iii) The time period to issue a discretionary review decision. (3) Time periods that may be extended. (4) Decision. (5) Duration. (d) Procedural orders. (e) Consolidation of appeals. (2) The Responsible Official may prepare one responsive statement for consolidated appeals. (f) Requests for additional information. (g) Service of documents. (2) All decisions and orders issued by the Appeal Deciding Officer and the Discretionary Reviewing Officer related to the appeal shall be in writing and shall be sent to all parties to the appeal. (h) Posting of final decisions. (i) Expenses. § 214.15 Resolution of issues prior to an appeal decision. (a) The Responsible Official may discuss an appeal with a party or parties to narrow issues, agree on facts, and explore opportunities to resolve one or more of the issues in dispute by means other than issuance of an appeal decision. (b) The Responsible Official who issued a decision under appeal may withdraw the decision, in whole or in part, during an appeal to resolve one or more issues in dispute. The Responsible Official shall notify the parties to the appeal and the Appeal Deciding Officer of the withdrawal. If the withdrawal of the decision eliminates all the issues in dispute in the appeal, the Appeal Deciding Officer shall dismiss the appeal under § 214.10. § 214.16 Oral presentation. (a) Purpose. (b) Procedure. (c) Scope. (d) Requests. (e) Availability. (f) Scheduling and rules. (g) Participation. (h) Summaries and transcripts. § 214.17 Appeal record. (a) Location. (b) Contents. (c) Closing of the record. (i) The day after the date the reply to the responsive statement is due if no oral presentation is conducted; (ii) The day after the oral presentation is conducted if no transcript of the oral presentation is being prepared; or (iii) The day after the date a transcript of the oral presentation is due if one is being prepared. (2) The Appeal Deciding Officer shall notify all parties to the appeal of closing of the record. (d) Inspection by the public. § 214.18 Appeal decision. (a) Appeal decisions made by the Appeal Deciding Officer shall be issued within 30 days of the date the appeal record is closed. (b) The appeal decision shall be based solely on the appeal record and oral presentation, if one is conducted. (c) The appeal decision shall conform to all applicable laws, regulations, policies, and procedures. (d) The appeal decision may affirm or reverse the appealable decision, in whole or in part. The appeal decision must specify the basis for affirmation or reversal and may include instructions for further action by the Responsible Official. (e) Except where a decision to conduct discretionary review has been made and a discretionary review decision has been issued, the appeal decision shall constitute USDA's final administrative decision. § 214.19 Procedures for discretionary review. (a) Initiation. (2) One day after issuance of a Chief's decision that is eligible for discretionary review under § 214.7(b)(2), the Chief shall send the decision to the Discretionary Reviewing Officer to determine whether discretionary review should be conducted. (b) Criteria for determining whether to conduct discretionary review. (c) Time period. (d) Notification. (e) Scope of discretionary review and issuance of a discretionary review decision. § 214.20 Exhaustion of administrative remedies. Per 7 U.S.C. 6912(e), judicial review of a decision that is appealable under this part is premature unless the plaintiff has exhausted the administrative remedies under this part. § 214.21 Information collection requirements. The rules of this part governing appeal of decisions relating to occupancy or use of National Forest System lands and resources specify the information that an appellant must provide in an appeal. Therefore, these rules contain information collection requirements as defined in 5 CFR part 1320. These information collection requirements are assigned Office of Management and Budget Control Number 0596-0231. § 214.22 Applicability and effective date. This part prescribes the procedure for administrative review of appealable decisions and Chief's decisions set forth in § 214.4 issued on or after June 5, 2013.