---
kind: "range"
citation: "43 C.F.R. §§ 3809.800–3809.807"
title: "43"
from: "3809.800"
to: "3809.807"
count: 8
url: "https://uscodex.org/cfr/43/3809.800..3809.807"
---

# §3809.800. Who may appeal BLM decisions under this subpart?

- (a) A party adversely affected by a decision under this subpart may ask the State Director of the appropriate BLM State Office to review the decision.
- (b) An adversely affected party may bypass State Director review and directly appeal a BLM decision under this subpart to the Office of Hearings and Appeals (OHA) under [part 4 of this title](/cfr/43/part4.md). See [§ 3809.801](/cfr/43/3809.801.md).

# §3809.801. When may I file an appeal of the BLM decision with OHA?

- (a) If you intend to appeal a BLM decision under this subpart, use the following table to see when you must file a notice of appeal with OHA:
- (b) In order for OHA to consider your appeal of a decision, you must file a notice of appeal in writing with the BLM office where the decision was made.

# §3809.802. What must I include in my appeal to OHA?

- (a) Your written appeal must contain:
  - (1) Your name and address; and
  - (2) **The BLM serial number of the notice or plan of operations that is the subject of the appeal.**
- (b) You must submit a statement of your reasons for the appeal and any arguments you wish to present that would justify reversal or modification of the decision within the time frame specified in [part 4](/cfr/43/part4.md) of this chapter (usually within 30 calendar days after filing your appeal).

# §3809.803. Will the BLM decision go into effect during an appeal to OHA?


All decisions under this subpart go into effect immediately and remain in effect while appeals are pending before OHA unless OHA grants a stay under [§ 4.21(b)](/cfr/43/4.21.md?p=b) of this title.


# §3809.804. When may I ask the BLM State Director to review a BLM decision?


The State Director must receive your request for State Director review no later than 30 calendar days after you receive or are notified of the BLM decision you seek to have reviewed.


# §3809.805. What must I send BLM to request State Director review?

- (a) Your request for State Director review must be a single package that includes a brief written statement explaining why BLM should change its decision and any documents that support your written statement. Mark your envelope “State Director Review.” You must also provide a telephone or fax number for the State Director to contact you.
- (b) When you submit your request for State Director review, you may also request a meeting with the State Director. The State Director will notify you as soon as possible if he or she can accommodate your meeting request.

# §3809.806. Will the State Director review the original BLM decision if I request State Director review?

- (a) The State Director may accept your request and review a decision made under this subpart. The State director will decide within 21 days of a timely filed request whether to accept your request and review the original BLM decision. If the State Director does not make a decision within 21 days on whether to accept your request for review, you should consider your request for State Director review declined, and you may appeal the original BLM decision to OHA.
- (b) The State Director will not begin a review and will end an ongoing review if you or another affected party files an appeal of the original BLM decision with OHA under section [§ 3809.801](/cfr/43/3809.801.md) before the State Director issues a decision under this subpart, unless OHA agrees to defer consideration of the appeal pending a State Director decision.
- (c) If you file an appeal with OHA after requesting State Director review, you must notify the State Director who, after receiving your notice, may request OHA to defer considering the appeal.
- (d) If you fail to notify the State Director of your appeal to OHA, any decision issued by the State Director may be voided by a subsequent OHA decision.

# §3809.807. What happens once the State Director agrees to my request for a review of a decision?

- (a) The State Director will promptly send you a written decision, which may be based on any of the following:
  - (1) The information you submit;
  - (2) The original BLM decision and any information BLM relied on for that decision;
  - (3) Any additional information, including information obtained from your meeting, if any, with the State Director.
- (b) Any decision issued by the State Director under this subpart may affirm the original BLM decision, reverse it completely, or modify it in part. The State Director's decision may incorporate any part of the original BLM decision.
- (c) If the original BLM decision was published in the Federal Register, the State Director will also publish his or her decision in the Federal Register.