251.103—Mediation of term grazing permit disputes.
(a) Decisions subject to mediation.
In those States with Department of Agriculture certified mediation programs, any holder of a term grazing permit may request mediation, if a Deciding Officer issues a decision to suspend or cancel a term grazing permit, in whole or in part, as authorized by 36 CFR 222.4 (a)(2)(i), (ii), (iv), (v), and (a)(3) through (a)(6).
(b) Parties.
Notwithstanding the provisions addressing parties to an appeal at § 251.86, only the following may participate in mediation of term grazing permit disputes under this section:
(1)
A mediator authorized to mediate under a Department of Agriculture State certified mediation program:
(3)
The holder whose term grazing permit is the subject of the Deciding Officer's decision and who has requested mediation in the notice of appeal;
(5)
Legal counsel, if applicable. The Forest Service will have legal counsel participate only if the permittee choose to have legal counsel.
(c) Timeframe.
When an appellant simultaneously requests mediation at the time an appeal is filed ( § 251.84 ), the Reviewing Officer shall immediately notify, by certified mail, all parties to the appeal that, in order to allow for mediation, the appeal is suspended for 45 calendar days from the date of the Reviewing Officer's notice. If agreement has not been reached at the end of 45 calendar days, but it appears to the Deciding Officer that a mediated agreement may soon be reached, the Reviewing Officer may notify, by certified mail, all parties to the appeal that the period for mediation is extended for a period of up to 15 calendar days from the end of the 45-day appeal suspension period. If a mediated agreement cannot be reached under the specified timeframes, the Reviewing Officer shall immediately notify, by certified mail, all parties to the appeal that mediation was unsuccessful, that the stay granted during mediation is lifted, and that the timeframes and procedures applicable to an appeal ( § 251.89) are reinstated as of the date of such notice.
(d) Confidentiality.
Mediation sessions shall be confidential; moreover, dispute resolution communications, as defined in 5 U.S.C. 571(5), shall be confidential. However, the final agreement signed by the Forest Service official and the permit holder is subject to public disclosure.
(e) Records.
Notes taken or factual material received during mediation sessions are not to be entered as part of the appeal record.
(f) Cost.
The United States Government shall cover only incurred expenses of its own employees in mediation sessions.
(g) Exparte communication.
Except to request a time extension or communicate the results of mediation pursuant to paragraph (d) of this section, the Deciding Officer, or designee, shall not discuss mediation and/or appeal matters with the Reviewing Officer.