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Notes

25 C.F.R. §§ 2.209–2.212

4 sections in range

§2.209. Who may file a response to the statement of reasons?

25 C.F.R. § 2.209

Any interested party may file a response to the statement of reasons, thereby becoming a participant. The decision-maker may also file a response to the statement of reasons.
Notes, amendments, and revision history

Authority

Authority: 43 U.S.C. 1457; 25 U.S.C. 9; 5 U.S.C. 301.

Source

Source: 88 FR 53779, Aug. 9, 2023, unless otherwise noted.

§2.211. What must a response to the statement of reasons include?

25 C.F.R. § 2.211

(a)
A response to a statement of reasons must comply with § 2.214. In addition, the response must:
(1)
State when the interested party or decision-maker submitting the response received the statement of reasons;
(2)
Explain how the interested party submitting the response is adversely affected by the decision being appealed or may be adversely affected by the reviewing official's decision; and
(3)
Explain why the interested party or decision maker submitting the response believes the arguments made in the appellant's Notice of Appeal and statement of reasons are right or wrong.
(b)
The response may also include statements and documents supporting the position of the interested party or decision-maker submitting.
Notes, amendments, and revision history

Authority

Authority: 43 U.S.C. 1457; 25 U.S.C. 9; 5 U.S.C. 301.

Source

Source: 88 FR 53779, Aug. 9, 2023, unless otherwise noted.

§2.212. Will the reviewing official accept additional briefings?

25 C.F.R. § 2.212

(a)
Yes. The appellant may file a reply with the reviewing official within 21 days of receiving a copy of any response brief.
(b)
Any interested party may, within 10 days after receiving the table of contents of the administrative record (AR), request copies of some or all of the AR. Such party may submit a supplemental brief within 10 days after receiving the requested documents.
(c)
Any interested party may ask the reviewing official for permission to file additional briefing. The reviewing official's decision on whether to grant the request is not appealable.
(d)
No documents other than those specified in this part and those permitted by the reviewing official under paragraph (c) of this section may be filed.
(e)
The reviewing official will not consider documents not timely filed.
Notes, amendments, and revision history

Authority

Authority: 43 U.S.C. 1457; 25 U.S.C. 9; 5 U.S.C. 301.

Source

Source: 88 FR 53779, Aug. 9, 2023, unless otherwise noted.