CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES > SUBPART E—Special Rules Applicable to Public Land Hearings and Appeals (§4.400 to §4.480) > 4.411—Appeal; how taken, mandatory time limit.

4.411—Appeal; how taken, mandatory time limit.

(a) A person who wishes to appeal to the Board must file in the office of the officer who made the decision (not the Board) a notice that he wishes to appeal. A person served with the decision being appealed must transmit the notice of appeal in time for it to be filed in the office where it is required to be filed within 30 days after the date of service. If a decision is published in the Federal Register, a person not served with the decision must transmit a notice of appeal in time for it to be filed within 30 days after the date of publication.
(b) The notice of appeal must give the serial number or other identification of the case and may include a statement of reasons for the appeal, a statement of standing if required by § 4.412(b), and any arguments the appellant wishes to make.
(c) No extension of time will be granted for filing the notice of appeal. If a notice of appeal is filed after the grace period provided in § 4.401(a), the notice of appeal will not be considered and the case will be closed by the officer from whose decision the appeal is taken. If the notice of appeal is filed during the grace period provided in § 4.401(a) and the delay in filing is not waived, as provided in that section, the notice of appeal will not be considered and the appeal will be dismissed by the Board.

Code of Federal Regulations

(R.S. 2478, as amended, 43 U.S.C. 1201 ; sec. 25, Alaska Native Claims Settlement Act, as amended, 43 U.S.C. 1601-162 8; and the Administrative Procedure Act, 5 U.S.C. 551 , et seq.)
[36 FR 7186, Apr. 15, 1971, as amended at 36 FR 15117, Aug. 13, 1971; 49 FR 6373, Feb. 21, 1984]