This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR Part 4. If an appeal is filed, the following procedures must be followed:
• The Notice of Appeal must be in writing and filed (postmarked) within 30 days of the date of the publication of the U.S. Environmental Protection Agency’s Notice of Availability in the
• You must fully state your reasons for appealing the decision.
• The Notice of Appeal must be addressed to the Field Manager, with a copy to the Regional Solicitor and the Interior Board of Land Appeal.
The appellant has the burden of showing that the decision appealed is in error. If you wish to file a petition, pursuant to 43 CFR §4.21, for a stay of the effectiveness of the approved ROD pending review of your appeal by the Board, the petition for a stay must accompany your Notice of Appeal. A petition must show sufficient justification based on relative harm, likelihood of success on the merits, immediate irreparable harm if the stay is not granted, and whether the public interest favors granting the stay. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted.