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Notes

43 C.F.R. §§ 4.170–4.175

6 sections in range

§4.170. Appealing a grazing decision.

43 C.F.R. § 4.170

(a)
Eligibility to file appeal. Any applicant, permittee, lessee, or other person or entity whose interest is adversely affected by a BLM grazing decision may appeal the decision by filing a notice of appeal with DCHD in accordance with §§ 4.102 and 4.103.
(b)
Deadline and location for filing appeal. The notice of appeal must be filed with DCHD within 30 days after service of the grazing decision or within 30 days after a proposed grazing decision becomes final as provided in 43 CFR 4160.3(a).
(c)
Service of appeal. A copy of the notice of appeal must be served in accordance with § 4.102, the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information on the following:
(1)
Each person or entity named in the BLM grazing decision;
(2)
The appropriate official of the Office of the Solicitor; and
(3)
The BLM office that issued the decision.
(d)
Contents of appeal. A notice of appeal must include the following:
(1)
A copy of the decision or proposed decision being appealed;
(2)
A statement of standing showing that the person or entity seeking to appeal is adversely affected by the decision;
(3)
A statement of timeliness providing the date, and any corroborating documentation, showing when the person or entity filing the notice of appeal received a copy of the decision and showing that the appeal has been timely filed in accordance with paragraph (b) of this section; and
(4)
A statement that clearly and concisely states the reasons why the appellant believes the BLM grazing decision is incorrect. The statement must contain specific factual allegations related to the BLM grazing decision being appealed and a summary of the applicable legal arguments.
(e)
Waiver and amendment. Any ground for appeal not included in the notice of appeal is waived, unless the ALJ grants permission to amend the notice of appeal based on a motion demonstrating good cause.
(f)
Failure to appeal. A person or entity who, after receiving proper notice, does not timely file a notice of appeal from a BLM grazing decision may not later challenge the matters resolved in the grazing decision.
(g)
Effect of appeal. Filing an appeal does not by itself stay the effect of a BLM grazing decision. To request a stay of the effect of the decision pending appeal, a person or entity must also comply with § 4.171.
Notes, amendments, and revision history

Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

§4.171. Petitions for stay.

43 C.F.R. § 4.171

(a)
Standards and procedures for obtaining a stay. An appellant under § 4.170 may petition for a stay of a BLM grazing decision by filing the petition for a stay with DCHD concurrently with the notice of appeal. Filings must be made in accordance with §§ 4.102 and 4.103. Except as otherwise provided by statute or other pertinent regulation, the following requirements apply:
(1)
Stay criteria. The appellant must demonstrate that issuance of a stay is warranted based on the following four criteria:
(i)
Immediate and irreparable harm. The likelihood of immediate and irreparable harm if the stay is not granted;
(ii)
Balance of harms. Whether the harm to the appellant absent a stay exceeds the harm to the United States or other parties from a stay being granted;
(iii)
Likelihood of success. The likelihood of the appellant's success on the merits; and
(iv)
Public interest. Whether the public interest favors granting the stay.
(2)
Burden of proof. The person or entity seeking a stay bears the burden of demonstrating that a stay should be granted, in whole or in part, under all four criteria set forth in paragraph (a)(1) of this section.
(3)
Service. The petition for a stay, along with the notice of appeal, must be served in accordance with § 4.102, the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information on the following:
(i)
Each person or entity named in the BLM grazing decision;
(ii)
The appropriate official of the Office of the Solicitor; and
(iii)
The BLM office that issued the decision.
(b)
Response to petition for a stay. If a petition for a stay has been filed, then:
(1)
Any BLM response to the petition for a stay must be filed, along with any other documents that BLM wishes the ALJ to consider when adjudicating the petition for a stay, no later than 14 days after receiving a copy of the notice of appeal and petition for a stay. BLM must also serve a copy of its response on all other parties to the appeal in accordance with § 4.102, the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information.
(2)
Any other person or entity who wishes to respond to the petition for a stay may file a motion to intervene in the appeal under § 4.108, together with a response to the petition for a stay, no later than 14 days after being served with a copy of the notice of appeal and petition for a stay. A copy of the motion to intervene and response must be served on all other parties to the appeal in accordance with § 4.102, the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information on the following:
(i)
Each party to the proceeding;
(ii)
The appropriate official of the Office of the Solicitor; and
(iii)
The BLM office that issued the decision.
(3)
The failure to file a response will not be construed as an admission that the petition for a stay should be granted.
(c)
Replies. No replies or further briefing related to the petition for a stay will be accepted unless authorized by the ALJ.
(d)
Effect of consent or lack of opposition. The ALJ may summarily grant a petition for a stay, in whole or in part, without considering the criteria in paragraph (a)(1) if all parties to the appeal consent to the stay or file responses to the petition affirmatively stating no opposition to the stay.
(e)
Deadline for ruling. The ALJ will grant or deny a petition for a stay, in whole or in part, within 45 days of the expiration of the time for filing a notice of appeal.
Notes, amendments, and revision history

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

§4.172. BLM document filing requirements and initial disclosures.

43 C.F.R. § 4.172

(a)
BLM document filing requirements. Within 14 days of receiving the notice of appeal, BLM must file and serve a copy of the following documents in accordance with § 4.102:
(1)
The final grazing decision;
(2)
The proposed grazing decision;
(3)
Any proof of service for the decision being appealed;
(4)
Any protests of the proposed decision;
(5)
Any relevant National Environmental Policy Act (NEPA) documents;
(6)
Any relevant rangeland health determinations;
(7)
Any relevant resource management plans;
(8)
The application, permit, lease, or other documents evidencing authorized use;
(9)
Any relevant notices regarding unauthorized use; and
(10)
Any other key documents directly cited in the final grazing decision.
(b)
BLM initial disclosures. BLM shall serve a copy of its entire record for the grazing decision on all parties to the proceeding within 45 days of receiving the notice of appeal. Failure of BLM to comply with the substance of and/or time limits set forth in paragraphs (a) and/or (b) of this section shall constitute, if proven by a preponderance of the evidence, good grounds for sanctions under § 4.121. The foregoing shall not deprive any party of the discovery procedures set forth in the general procedural rules for practice before DCHD at §§ 4.112 through 4.119 of this subpart.
(1)
BLM's entire record for the grazing decision shall contain a copy of any nonprivileged, discoverable materials that the deciding official considered when taking the action at issue in the proceeding.
(2)
BLM's initial disclosures are considered discovery materials and should not be filed with DCHD unless otherwise directed by the ALJ.
Notes, amendments, and revision history

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

§4.173. Adjudication of grazing appeal.

43 C.F.R. § 4.173

(a)
Applicable rules. In grazing proceedings before the ALJ, the general procedural rules for practice before DCHD at §§ 4.100 through 4.131 of this subpart govern practice and procedure in addition to the rules applicable to grazing proceedings at §§ 4.170 through 4.175 of this subpart.
(b)
Authority of ALJ. The ALJ has the authority to conduct the proceeding in an orderly and judicial manner.
(c)
Decision or order. The ALJ has the authority to issue a written decision or order that will be final for the Department unless timely appealed under § 4.175.
(1)
Basis for decision. The ALJ will issue a written decision that identifies and describes the basis for the decision.
(2)
Substantial compliance standard. No grazing decision will be set aside on appeal if it is reasonable and represents substantial compliance with the provisions of part 4100 of this title.
Notes, amendments, and revision history

Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

§4.174. Effect of decision pending appeal; exhaustion and finality.

43 C.F.R. § 4.174

(a)
Effect of grazing decision pending appeal. Except as otherwise provided by statute or other pertinent regulation:
(1)
A BLM grazing decision will not be effective during the time in which a person or entity adversely affected by the grazing decision may file an appeal under § 4.170.
(2)
A BLM grazing decision made immediately effective on issuance or on a date established by the grazing decision will remain in effect unless the ALJ grants a stay.
(3)
A BLM grazing decision will become effective on the day after expiration of the time during which a person or entity adversely affected may file a notice of appeal unless a petition for a stay is filed concurrently with a timely notice of appeal.
(4)
A BLM grazing decision, or that portion of a BLM grazing decision for which a stay is sought but not granted, will become effective immediately after the ALJ denies or partially denies the petition for a stay or fails to act on the petition within the time specified in § 4.171(e).
(b)
Exhaustion and finality of grazing decision. To exhaust administrative remedies, a petition for a stay must be filed concurrently with a timely notice of appeal of the BLM grazing decision unless BLM has made the decision immediately effective. The BLM grazing decision will not be considered final and subject to judicial review unless it has been made effective pending a resolution of the appeal in the manner provided by paragraphs (a)(2) or (a)(4) of this section. Exhaustion does not require an appeal of a denial of a petition for a stay.
Notes, amendments, and revision history

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

§4.175. Appeal and review.

43 C.F.R. § 4.175

(a)
Appeal to the Interior Board of Land Appeals—
(1)
Appeal of stay petition order. Although not required for the exhaustion of administrative remedies, any person or entity adversely affected by the ALJ's order granting or denying a petition for a stay may file an appeal with the IBLA in accordance with § 4.403. Unless the IBLA orders otherwise, an appeal of the stay petition order under this section:
(i)
Will not suspend the effectiveness of the ALJ's stay petition order; and
(ii)
Will not suspend further proceedings before the ALJ.
(2)
Appeal of decision or order on the merits. Any person or entity adversely affected by the ALJ's decision or order on the merits may file an appeal with the IBLA in accordance with § 4.403.
(b)
Judicial Review. A BLM grazing decision may only be challenged in Federal court under 5 U.S.C. 704 if administrative remedies have been exhausted and the decision has become final and effective in accordance with § 4.174(b).
Notes, amendments, and revision history

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]