§ 5003.1 - Effect of decisions; general.

§ 5003.1 Effect of decisions; general.

Notwithstanding the provisions of 43 CFR 4.21(a)

Filing a notice of appeal under part 4 of this title does

:

(a) The authorized officer may make a forest management decision, as described in § 5003.2, effective immediately or on a date established in the decision. The filing of a petition for a stay pending appeal under 43 CFR part 4 shall not automatically suspend the effect of a decision governing or relating to forest management as described decision issued under sections § 5003.2 and 5003. 3.

(b) Notwithstanding Where the provisions of 43 CFR 4.21(a)(1), when BLM Bureau of Land Management (BLM) determines that vegetation, soil, or other resources on the public lands are at substantial risk of wildfire due to drought, fuels buildup, or other reasons, or at immediate risk of erosion or other damage due to wildfire, BLM may make a wildfire management decision made under this part and parts 5400 through 5510 of this chaptersubchapter effective immediately or on a date established in the decision. Wildfire management includes but is not limited to:

(1) Fuel reduction or fuel treatment such as prescribed burns and mechanical, chemical, and biological thinning methods (with or without removal of thinned materials); and

(2) Projects to stabilize and rehabilitate lands affected by wildfire.

(c) The Interior Board of Land Appeals will issue a decision on the merits of an appeal of a wildfire management decision under paragraph (b) of this section within the time limits prescribed in 43 CFR 4.416.

[68 FR 33804, June 5, 2003]