[Code of Federal Regulations]

[Title 36, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR215.12]



[Page 32-33]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 215_NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST 

SYSTEM PROJECTS AND ACTIVITIES--Table of Contents

 

Sec. 215.12  Decisions and actions not subject to appeal.



    The following decisions and actions are not subject to appeal under 

this part, except as noted:

    (a) The amendment, revision, or adoption of a land and resource 

management plan that includes a project decision, except that the 

project portion of the decision is subject to this part. The amendment, 

revision, or adoption portion of a decision is subject to either the 

objection process of Sec. 219.32 or the administrative appeal and 

review procedures of part 217 in effect prior to November 9, 2000 (see 

36 CFR parts 200 to 299, Revised as of July 1, 2000);

    (b) Determination, with documentation, that a new decision is not 

needed following supplementation of an environmental impact statement 

(EIS) or revision of an environmental assessment (EA) pursuant to FSH 

1909.15, Chapter 10, section 18.

    (c) Preliminary findings made during planning and/or analysis 

processes on a project or activity. Such findings are



[[Page 33]]



appealable only upon issuance of a decision document.

    (d) Subsequent implementing actions that result from the initial 

project decision that was subject to appeal.

    (e) Projects or activities for which notice of the proposed action 

and opportunity to comment is published (Sec. 215.5) and

    (1) No substantive comments expressing concerns or only supportive 

comments are received during the comment period for a proposed action 

analyzed and documented in an EA (Sec. 215.6); or

    (2) No substantive comments expressing concerns or only supportive 

comments are received during the comment period for a draft EIS (40 CFR 

1502.19), and the Responsible Official's decision does not modify the 

preferred alternative identified in the draft EIS.

    (f) Decisions for actions that have been categorically excluded from 

documentation in an EA or EIS pursuant to FSH 1909.15, Chapter 30, 

section 31.

    (g) An amendment, revision, or adoption of a land and resource 

management plan that is made independent of a project or activity 

(subject to either the objection process of Sec. 219.32 or the 

administrative appeal and review procedures of part 217 in effect prior 

to November 9, 2000 (see 36 CFR parts 200 to 299, Revised as of July 1, 

2000)).

    (h) Concurrences and recommendations to other Federal agencies.

    (i) Hazardous fuel reduction projects conducted under provisions of 

the HFRA, as set out at part 218, subpart A, of this title.



[68 FR 33595, June 4, 2003, as amended at 69 FR 1533, Jan. 9, 2004]