(a) BLM document filing requirements. Within 14 days of receiving the notice of appeal, BLM must file and serve a copy of the following documents in accordance with § 4.102:
(1) The final grazing decision;
(2) The proposed grazing decision;
(3) Any proof of service for the decision being appealed;
(4) Any protests of the proposed decision;
(5) Any relevant National Environmental Policy Act (NEPA) documents;
(6) Any relevant rangeland health determinations;
(7) Any relevant resource management plans;
(8) The application, permit, lease, or other documents evidencing authorized use;
(9) Any relevant notices regarding unauthorized use; and
(10) Any other key documents directly cited in the final grazing decision.
(b) BLM initial disclosures. At any appropriate time during the proceeding, the ALJ may direct BLM to serve a copy of its record for the grazing decision on all parties to the proceeding in addition to, or in lieu of, the discovery procedures set forth in the general procedural rules for practice before DCHD at §§ 4.112 through 4.119 of this subpart.
(1) Unless otherwise directed by the ALJ, BLM's record for the grazing decision must contain a copy of any nonprivileged, discoverable materials that the deciding official considered when taking the action at issue in the proceeding.
(2) BLM's initial disclosures are considered discovery materials and should not be filed with DCHD unless otherwise directed by the ALJ.