§ 585.118 - What are my appeal rights?

§ 585.118 What are my appeal rights?

(a) Any Except as stated in paragraph (c) of this section, any party adversely affected by a BOEM official's final decision or order issued by BOEM under the regulations of this part may appeal that decision or order to the Interior Board of Land Appeals . The appeal must conform with the procedures found in (IBLA), under 30 CFR part 590 and in 43 CFR part 4, subpart E. Appeal of a final decision for bid acceptance is covered under paragraph

(

c) of this section.

(b) A Any final decision will remain in full force and effect during the period in which pendency of an appeal may be filed and during an appeal, unless a stay is granted pursuant to under 43 CFR part 4.

(c) Our decision on a bid is the final action of the Department, except that an unsuccessful bidder may apply for reconsideration by the Director A bidder adversely affected by BOEM's determination of a provisional winner made under this part may appeal to the BOEM Director, but decisions determining a provisional winner may not be appealed to the IBLA.

(1) A bidder whose bid we reject may that elects to appeal a provisional winner selection decision must file a written request for reconsideration appeal with the Director within 15 business days of the date of the after receipt of the notice of rejection, decision.

(2) Such appeal must be accompanied by a statement of reasons

, with one copy to us

. Before reversing a provisional winner selection decision, the Director will provide the provisional winner a reasonable opportunity to respond in writing to the appellant's statement of reasons. The Director will

respond in writing

issue a written determination either affirming or reversing the decision. (2) The delegation of review authority given to The Director's decision is not appealable to the IBLA under this section.

(3) BOEM will not execute a lease or grant until the 15-business-day appeal period closes and all timely filed appeals are resolved.

(4) The review authority of the Office of Hearings and Appeals does not apply to

decisions on high bids for leases or grants

either the provisional winner selection decisions made under this part or the Director's final determination affirming or reversing a provisional winner selection decision.