[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: 36CFR215.7]



[Page 30-31]

 

              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. 215.7  Legal notice of decision.



    (a) The Responsible Official shall promptly mail the Record of 

Decision (ROD) or the Decision Notice (DN) and Finding of No Significant 

Impact (FONSI) to those who requested the decision document and those 

who submitted substantive comments during the comment period (Sec. 

215.6).

    (b) The Responsible Official shall publish a legal notice of any 

decision documented in a ROD or DN in the applicable newspaper of record 

(Sec. 215.5(b)(2)). The legal notice shall:

    (1) Include the title of the project or activity and a concise 

description of the action(s) to be taken, the name and title of the 

Responsible Official, and instructions for obtaining a copy of the DN 

and FONSI or ROD.

    (2) State that the decision is subject to appeal pursuant to 36 CFR 

part 215 and include the following:



[[Page 31]]



    (i) Name and address of the Appeal Deciding Officer with whom an 

appeal is to be filed. The notice shall specify a street, postal, fax, 

and e-mail address, the acceptable format(s) for appeals electronically 

filed, and the Appeal Deciding Official's office business hours for 

those filing hand-delivered appeals.

    (ii) A statement that the publication date of the legal notice in 

the newspaper of record is the exclusive means for calculating the time 

to file an appeal (Sec. 215.15 (a)) and that those wishing to appeal 

should not rely upon dates or timeframe information provided by any 

other source. An actual date shall not be included in the legal notice.

    (iii) A statement that an appeal, including attachments, must be 

filed (regular mail, fax, e-mail, hand-delivery, express delivery, or 

messenger service) with the appropriate Appeal Deciding Officer (Sec. 

215.8) within 45 days following the date of publication of the legal 

notice.

    (iv) A statement indicating that individuals or organizations who 

submitted substantive comments during the comment period (Sec. 215.6) 

may appeal.

    (v) A statement specifying, when applicable, that the Chief of the 

Forest Service, or a designee, has determined that an emergency 

situation exists (Sec. 215.10), and which portion of the project is 

covered by that determination as provided for in Sec. 215.10.

    (vi) A statement indicating how many days following publication of 

the decision that implementation may begin (Sec. 215.9), including 

those portions covered by an emergency situation determination, if 

applicable (Sec. 215.10).

    (3) When no substantive comments expressing concerns or only 

supportive comments are received, include a statement indicating that 

the decision is not subject to appeal pursuant to Sec. 215.12.