(a) The appellant must serve a copy of the notice of appeal on each person named in the decision from which the appeal is taken and on the Office of the Solicitor as identified in paragraphs (c) and (d) of this section. Service must be accomplished and certified as prescribed in Sec. 4.401(c).
(b) Failure to serve a notice of appeal will subject the appeal to summary dismissal as provided in Sec. 4.402.
(c) The appellant must serve a copy of the notice of appeal on the Office of the Solicitor as shown in the following table. ------------------------------------------------------------------------
If the appeal is taken from a Then the appellant must serve the
(1) ONRR, the Deputy Assistant Regional Solicitor, Rocky Mountain
Secretary--Natural Resources Region, U.S. Department of the
Revenue, or BIA concerning Interior, 755 Parfet Street, Suite
royalties. 151, Lakewood, CO 80215.(2) BOEMRE........................ Associate Solicitor, Division of
Mineral Resources, U.S. Department
of the Interior, Washington, DC
(i) If the decision concerns use and
disposition of public lands,
including land selections under the
Alaska Native Claims Settlement
Act, as amended: Associate
Solicitor, Division of Land and
Water Resources, U.S. Department of
the Interior, Washington, DC 20240;
or
(ii) If the decision concerns use
and disposition of mineral
resources: Associate Solicitor,
Division of Mineral Resources, U.S.
Department of the Interior,
Washington, DC 20240.(4) A BLM State Office (including The appropriate office identified in
all District, Field, and Area paragraph (d) of this section.
Offices within that State
Office's jurisdiction).(5) An Administrative Law Judge... The persons identified in paragraph
(e) of this section.------------------------------------------------------------------------
(d) This paragraph applies to any appeal taken from a decision of a BLM State Office, including all District, Field, and Area Offices within that State Office's jurisdiction. The appellant must serve documents on the Office of the Solicitor in accordance with the following table, unless the decision identifies a different official: ------------------------------------------------------------------------
(1) Alaska........................ Regional Solicitor, Alaska Region,
U.S. Department of the Interior,
4230 University Drive, Suite 300,
Anchorage, AK 99508-4626.(2) Arizona....................... Field Solicitor, U.S. Department of
the Interior, U.S. Courthouse,
Suite 404, 401 W. Washington St.
SPC 44, Phoenix, AZ 85003.(3) California.................... Regional Solicitor, Pacific
Southwest Region, U.S. Department
of the Interior, 2800 Cottage Way,
Room E-1712, Sacramento, CA 95825-
1890.(4) Colorado...................... Regional Solicitor, Rocky Mountain
Region, U.S. Department of the
Interior, 755 Parfet Street, Suite
(i) For decisions involving
Connecticut, Delaware, Illinois,
Indiana, Iowa, Maine, Maryland,
Massachusetts, Michigan, Minnesota,
New Hampshire, New Jersey, New
York, Ohio, Pennsylvania, Rhode
Island, Vermont, Virginia, West
Virginia, or Wisconsin: Regional
Solicitor, Northeast Region, U.S.
Department of the Interior, One
Gateway Center, Suite 612, Newton,
MA 02458.
(ii) For decisions involving
Alabama, Arkansas, Florida,
Georgia, Kentucky, Louisiana,
Mississippi, Missouri, North
Carolina, South Carolina, or
Tennessee: Regional Solicitor,
Southeast Region, U.S. Department
of the Interior, 75 Spring Street,
SW., Suite 304, Atlanta, Georgia
30303.(6) Idaho......................... Field Solicitor, U.S. Department of
the Interior, University Plaza, 960
Broadway Avenue, Suite 400, Boise,
ID 83706.(7) Montana (covers the states of (i) Deliveries by U.S. Mail: Field
Montana, North Dakota, and South Solicitor, U.S. Department of the
Dakota). Interior, P.O. Box 31394, Billings,
MT 59107-1394.
(ii) All other deliveries: Field
Solicitor, U.S. Department of the
Interior, 316 North 26th Street,
Room 3005, Billings, MT 59101.(8) Nevada........................ Regional Solicitor, Pacific
Southwest Region, U.S. Department
of the Interior, 2800 Cottage Way,
Room E-1712, Sacramento, CA 95825-
1890.(9) New Mexico (covers the states Regional Solicitor, Southwest
of New Mexico, Kansas, Oklahoma, Region, U.S. Department of the
and Texas). Interior, 505 Marquette Ave., NW.,
Suite 1800, Albuquerque, NM 87102.(10) Oregon (covers the states of Regional Solicitor, Pacific
Oregon and Washington). Northwest Region, U.S. Department
of the Interior, 805 SW. Broadway,
Suite 600, Portland, OR 97205.(11) Utah......................... Regional Solicitor, Intermountain
Region, U.S. Department of the
Interior, 6201 Federal Building,
125 South State Street, Salt Lake
City, UT 84138-1180.(12) Wyoming (covers the states of Regional Solicitor, Rocky Mountain
Wyoming and Nebraska). Region, U.S. Department of the
Interior, 755 Parfet Street, Suite
151, Lakewood, CO 80215.------------------------------------------------------------------------
(e) This paragraph applies to any appeal taken from a decision of an administrative law judge.
(1) Except as provided in paragraph (e)(2) of this section, the appellant must serve either:
(i) The attorney from the Office of the Solicitor who represented the Bureau or Office at the hearing; or
(ii) If there was no hearing, the attorney who was served with a copy of the decision by the administrative law judge.
(2) If the decision involved a mining claim on national forest land, the appellant must serve either:
(i) The attorney from the Office of General Counsel, U.S. Department of Agriculture, who represented the U.S. Forest Service at the hearing; or
(ii) If there was no hearing, the attorney who was served with a copy of the decision by the administrative law judge.
(f) Parties must serve the Office of the Solicitor as required by this section until a particular attorney of the Office of the Solicitor files and serves a Notice of Appearance or Substitution of Counsel. Thereafter, parties must serve the Office of the Solicitor as indicated by the Notice of Appearance or Substitution of Counsel.
(g) The appellant must certify service as provided in Sec. 4.401(c)(5). [75 FR 64666, Oct. 20, 2010]