43 CFR § 3809.801 - When may I file an appeal of the BLM decision with OHA?

---
identifier: "/us/cfr/t43/s3809.801"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3809.801 - When may I file an appeal of the BLM decision with OHA?"
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3809.801"
section_name: "When may I file an appeal of the BLM decision with OHA?"
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3800"
part_name: "MINING CLAIMS UNDER THE GENERAL MINING LAWS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 3101  30 U.S.C. 22-42, 181  301-306, 351-359, and 601  31 U.S.C. 9701; 40 U.S.C. 471  42 U.S.C. 6508; 43 U.S.C. 1701  and Pub. L. No. 97-35, 95 Stat. 357."
regulatory_source: "45 FR 13974, Mar. 3, 1980, unless otherwise noted."
cfr_part: "3800"
---


# 3809.801 When may I file an appeal of the BLM decision with OHA?

(a) If you intend to appeal a BLM decision under this subpart, use the following table to see when you must file a notice of appeal with OHA:

| If— | And— | Then if you intend to appeal, you must file a notice of appeal with OHA— |
| --- | --- | --- |
| (1) You do not request State Director review |  | Within 30 calendar days after the date you receive the original decision. |
| (2) You request State Director review | The State Director does not accept your request for review | On the original decision within 30 calendar days of the date you receive the State Director's decision not to review. |
| (3) You request State Director review | The State Director has accepted your request for review, but has not made a decision on the merits of the appeal | On the original decision before the State Director issues a decision. |
| (4) You request State Director review | The State Director makes a decision on the merits of the appeal | On the State Director's decision within 30 calendar days of the date you receive, or are notified of, the State Director's decision. |

(b) In order for OHA to consider your appeal of a decision, you must file a notice of appeal in writing with the BLM office where the decision was made.