Grazing and Wild Horse and Burro Program Appeal File and Transmittal Procedures

A.  Immediately upon receipt of an appeal, the Authorized Officer (AO) must take the following steps:

1. Date-stamp the Notice of Appeal document, every attachment, and its envelope showing the post-office date stamp as “Received” with the receipt date, time and office name clearly indicated.  Attach the envelope with the appeal notice and keep together for future use.
    
2. Assign the appeal case number for purposes of document control in the following convention:

3. To facilitate communication the Field Manager, which is the AO delegated to implement the regulations, should promptly inform the appropriate State Program Lead (PL) and Office of the Solicitor (SOL) that a Notice of Appeal and/or Petition for Stay have been received. The AO should also send an electronic copy (.pdf file) of the appeal and petition for stay to the PL and SOL.

1. Appeal file(s) must be assembled within a 10-day timeframe as shown in the table below, in coordination with the State PL and the SOL.  If a petition has been served, these documents will also make up the “Hearings Division Copy” of the appeal case record.  The AO in consultation with the State PL and SOL must develop a response to the petition for stay and it must be filed with the HD within 10 days after receipt.
2. Prepare a Grazing Appeal Transmittal, Form 1850-2.  Complete all required information clearly and concisely.  Form 1850-2 is signed by the AO and sent to the State Director (SD) with the appeal record for action and transmittal to an Administrative Law Judge in accordance with 43 CFR 4.470. This information will also be used by the State Office and the Field Solicitor. The table below provides a listing of documents that should be assembled within a 10-day timeframe.

1. Prepare an Appeal File with documents that led up to the decision in reverse chronological order.  The SD must transmit the “Hearings Division Copy” within 10 days.
2. Once the Appeal File is prepared, make three duplicate files.  The original will be kept at the Field Office, while the three copies are for the HD, State Office, and SOL.  The copies must be legible and complete.  Do not make double sided copies.
3. The State Office and Solicitor’s appeal file copies are working files.  Some Field Solicitors prefer a simple single folder with documents in reverse chronological order similar to the Hearing Division’s Copy.
    
4. The Standard format for the appeal file includes a 8-1/2” x 11” six-way folder organized in the following manner:
   
   Folder Cover Label

• Appeal Case Number
• Appellant’s Name
• Appeal Date
• Allotment Name

• Document Index – Create and maintain an index that list all documents, background information, supporting data, etc. in the file (See Attachment 1 for an example).  Separate each document by tab sheets in numerical order as referenced in the index.  Other documents may need to be added, so the index should remain open-ended.

• Cover memorandum from AO to SD.
  • Recommendations regarding deposition of the appeal;
  • Possibilities for settling the case through negotiations (this is an internal confidential document not transmitted with the HD - ALJ file).
• Grazing Appeal Transmittal (Form 1850-2, on top).
• Notice of Appeal with all attachments, Petition for Stay (if received).
• Final Decision and evidence of service.

• Protest(s).
• Proposed Decision and evidence of service.

• The Grazing Appeal Report (references supporting documents in Compartment 5).

• BLM document’s and reports.
• Legal and regulatory authority and precedential decisions, (from both judicial court and administrative proceedings pertaining to the matters decided by the final decision.

• Supporting Documents:
  All pertinent reports, i.e. Environmental Assessment, Land Health Evaluation Report, Maps, Consultation and Coordination letters, correspondence, telephone conversation documentation, applicable Resource Management Plan excerpts, and any other documents that relate to the decision under appeal.
• Be as inclusive as possible, as these are the documents that will be used when selecting exhibits to be presented at a factual hearing.

• Subsequent documents associated with the Appeal will include all documents, i.e.  Transmittal letter to OHA, pleadings, ALJ orders, etc.

1. Date-stamp the Notice of Appeal document, every attachment, and the envelope showing the Post Office date stamp as “Received” with the receipt date, time and office name clearly indicated.  Attach the envelope with the Appeal Notice and keep together for future use.
2. Log the appeal into the Field Office appeal register.  Assign the appeal case number for purposes of document control in the following convention.

3. Contact the appropriate manager and State WH&B PL and inform them that an Appeal and/or Petition of Stay have been received.

• Responds to each claim alleged in the appeal;
• Includes a discussion of the events that led up to the appeal;
• And, if appropriate, any recommendations for dismissal.

1. Prepare a Document Index listing all documents in the Appeal File of the WH&B appeal (Document Number, Date, and Document Subject).  Separate each document by tab sheets in numerical order as referenced in the index.
    
2. All original documents must be in the IBLA Appeal File for submission.  Include a chronological history of the events that led up to the appeal.
3.  Include the appropriate supporting documents that constitute the Administrative Record, filed in date chronological order (latest dated documents on top of the file; earliest on bottom).  All copies should be very clear and easily legible, including all maps.  The Appeal File should also include related public scoping documents, Preliminary Environmental Assessment (EA), comments received from the appellant, the completed EA, Finding of No Significant Impact, and Record of Decision.