[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.83]

[Page 333-334]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
Subpart C_Appeal of Decisions Relating to Occupancy and Use of National 
                           Forest System Lands
 
Sec. 251.83  Decisions not appealable.

    The following decisions are not appealable under this subpart:
    (a) Decisions appealable to the Agriculture Board of Contract 
Appeals, USDA, under 7 CFR part 24.
    (b) Decisions involving Freedom of Information Act denials under 7 
CFR part 1 or Privacy Act determinations under 7 CFR 1.118.
    (c) Decisions for which the jurisdiction of another Government 
agency, the Comptroller General, or a court to

[[Page 334]]

hear and settle disputes supersedes that of the Department of 
Agriculture.
    (d) Recommendations of Forest Service line officers to higher 
ranking Forest Service line officers or to other entities having final 
authority to implement the recommendation in question.
    (e) Decisions appealable under separate administrative proceedings, 
including, but not limited to, those under 36 CFR 223.117 
(Administration of Cooperative for Federal Sustained Yield Units); 7 CFR 
21.104 (Eligibility for Recreation Payment of Amount); and 4 CFR part 21 
(Bid Protests).
    (f) Decisions pursuant to Office of Management and Budget Circular 
A-76, Performance of Commercial Activities.
    (g) Decisions concerning contracts under the Federal Property and 
Administrative Services Act of 1949, as amended.
    (h) Decisions covered by the Contract Disputes Act.
    (i) Decisions involving Agency personnel matters.
    (j) Decisions where relief sought is reformation of a contract or 
award of monetary damages.
    (k) Decisions made during the preliminary planning process pursuant 
to 36 CFR part 219 and 40 CFR parts 1500-1508 that precede decisions to 
implement the proposed action.
    (l) Decisions related to National Forest land and resource 
management plans and projects only reviewable under 36 CFR part 217.
    (m) Decisions related to rehabilitation of National Forest System 
lands and recovery of forest resources resulting from natural disasters 
or other natural phenomena such as wildfires, severe wind, earthquakes, 
and flooding when the Regional Forester or, in situations of national 
significance, the Chief of the Forest Service determines and gives 
notice that good cause exists to exempt such decisions from appeal under 
this subpart.
    (n) Decisions imposing penalties for archaeological violations under 
36 CFR 296.15 or for violations of prohibitions and orders under 36 CFR 
part 261.
    (o) Reaffirmation of prior decisions.

[54 FR 3362, Jan. 23, 1989, as amended at 54 FR 34510, Aug. 21, 1989]