NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES

[Title 36 CFR 215]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[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]
[From the U.S. Government Printing Office]

36PARKS, FORESTS, AND PUBLIC PROPERTY22002-07-012002-07-01falseNOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES215PART 215PARKS, FORESTS, AND PUBLIC PROPERTYFOREST SERVICE, DEPARTMENT OF AGRICULTURE
PART 215--NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES--Table of Contents

Sec.
215.1 Purpose and scope.
215.2 Definitions.
215.3 Proposed actions subject to notice and comment.
215.4 Actions not subject to notice and comment.
215.5 Notice and comment on proposed actions.
215.6 Response to comments received on proposed actions.
215.7 Decisions subject to appeal.
215.8 Decisions not subject to appeal.
215.9 Notice of decisions.
215.10 Implementation of decisions.
215.11 Who may participate in appeals.
215.12 Where to file appeals.
215.13 Appeal time periods and process.
215.14 Content of an appeal.
215.15 Dismissal of appeal without review.
215.16 Informal disposition.
215.17 Formal disposition.
215.18 Appeal deciding officer authority.
215.19 Appeal reviewing officer authority.
215.20 Policy in event of judicial proceedings.
215.21 Applicability and effective date.

Authority: 16 U.S.C. 472, 551; sec. 322, Pub. L. 102-381, 106 Stat.
1419 (16 U.S.C. 1612 note).

Source: 58 FR 58910, Nov. 4, 1993, unless otherwise noted.

Sec. 215.1 Purpose and scope.

(a) Purpose. The rules of this part have two purposes. First, this
part establishes a process by which persons or organizations may receive
notice and be provided opportunity to comment on proposed actions
implementing national forest land and resource management plans prior to
a final decision by the responsible official. This includes notice of
and opportunity to comment on nonsignificant amendments of land and
resource management plans that are made in conjunction with those
proposed actions. Second, this part provides for prompt administrative
review of project and activities implementing forest plans and
establishes who may appeal decisions on planned actions, the kind of
decisions that may be appealed, the responsibilities of the participants
in an appeal, and the procedures that apply.
(b) Scope. The process established in this part constitutes the
final administrative opportunity for the public to influence National
Forest System project decisionmaking prior to implementation. The rules
of this part complement, but do not replace, numerous other
opportunities to participate in and influence agency decisionmaking

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provided pursuant to the National Environmental Policy Act of 1969, the
National Forest Management Act, and the implementing regulations and
procedures in 40 CFR parts 1500-1508 and 36 CFR parts 216 and 219,
Forest Service Manual Chapters 1920 and 1950, and Forest Service
Handbooks 1909.12 and 1909.15.

Sec. 215.2 Definitions.

For the purpose of this part--
Appeal is the written document filed with an Appeal Deciding Officer
by one who objects to a decision covered by this part.
Appeal Deciding Officer is the Forest Service line officer having
the delegated authority and responsibile to render a decision on an
appeal filed under this part.
Appeal Period is the 45 calendar-day period during which an appeal
may be filed with the Appeal Deciding Officer.
Appeal Record is the information assembled and/or created during the
course of an appeal and upon which review of an appeal is conducted. It
consists of the decision documentation, the appeal, the Responsible
Official's documentation of the informal disposition meeting, the public
notice of decision document, and written comments submitted by
interested parties.
Appeal Reviewing Officer is an agency official who reviews an appeal
and makes a written recommendation to the Appeal Deciding Officer on the
disposition of the appeal.
Appellant is a person or organization filing an appeal under this
part.
Categorical Exclusion refers to a category of actions which do not
individually or cumulatively have a significant effect on the human
environment and for which neither an environmental impact statement
(EIS) nor an environmental assessment (EA) is required (40 CFR 1508.4;
Forest Service Handbook 1909.15, Chapter 30).
Comment Period is the 30 calendar day period, following publication
of the notice for public comment, available to interested persons to
provide comments to a Responsible Official on a proposed action subject
to this part.
Decision Document is the document that records the decisions for
actions implementing land and resource management plans. (See also,
Record of Decision, Decision Notice, and Decision Memo.)
Decision documentation refers to the decision document and all
relevant environmental and other analysis documentation and records on
which the Responsible Official based a decision that is at issue under
an appeal filed pursuant to this part. Decision documentation may
include, but is not limited to, a project or case file, Record of
Decision, Decision Notice, Decision Memo, environmental assessment,
finding of no significant impact, draft and final environmental impact
statement, land and resource management plan, regional guide, and
documents incorporated by reference in any of the preceding documents.
Decision Memo is a concise written record of a Responsible
Official's decision to implement actions that have been categorically
excluded from documentation in an environmental impact statement or
environmental assessment (40 CFR 1508.4, Forest Service Handbook
1909.15, Chapter 30).
Decision Notice is a concise written record of a Responsible
Official's decision based on an environmental assessment and a finding
of no significant impact. (40 CFR 1508.9, Forest Service Handbook
1909.15, Chapter 40).
Environmental Assessment is a concise public document that provides
sufficient evidence and analysis for determining whether to prepare an
environmental impact statement or a finding of no significant impact (40
CFR 1508.9; Forest Service Handbook (FSH), 1909.15, Chapter 40).
Environmental Impact Statement is a detailed written statement as
required by section 102(2)(C) of the National Environmental Policy Act
of 1969 (40 CFR 1508.11; FSH 1909.15, Chapter 20).
Finding of No Significant Impact (FONSI) is a document prepared by a
federal agency presenting the reasons why an action, not otherwise
excluded, will not have a significant effect on the human environment
and for which an environmental impact statement, therefore, will not be
prepared. It includes the environmental assessment or a summary of it
and shall note any

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other environmental documents related to it (40 CFR 1508.13; Forest
Service Handbook 1909.15, Chapter 40).
Forest Service line officer is a Forest Service official who serves
in a direct line of command from the Chief and who has the delegated
authority to make and execute decisions subject to this part.
Specifically, for the purposes of this part, a Forest Service employee
who holds one of the following offices and titles: District Ranger,
Deputy Forest Supervisor, Forest Supervisor, Deputy Regional Forester,
Regional Forester, Associate Deputy Chief, Deputy Chief, Associate Chief
of the Forest Service, or an employee delegated the authority to act in
one of these capacities.
Interested Party is a person or organization other than the
appellant that provides written information to the Appeal Reviewing
Officer regarding an appeal.
Proposed action is a proposal made by the Forest Service to
authorize, recommend, or implement an action on National Forest System
lands to meet a specific purpose and need which is subject to the notice
and comment provisions of this part.
Proposed Timber Harvest Categorically Excluded from Documentation
under Forest Service Handbook 1909.12, section 31.2, paragraph 4 is
timber harvest which removes 250,000 board feet or less of merchantable
wood products, or salvage which removes 1,000,000 board feet or less of
merchantable wood products; which requires one mile or less of low
standard road construction (Service level D. FSH 7709.56); and assures
regeneration of harvested or salvaged areas, where required; which
normally are categorically excluded from documentation in an
environmental assessment or environmental impact statement; and for
which a project or case file and decision memo are required (Forest
Service Handbook 1909.12, sec. 31.2, para. 4).
Record of Decision is a document signed by a Responsible Official
recording a decision that was preceded by preparation of an
environmental impact statement (40 CFR 1505.2; Forest Service Handbook
1909.15, Chapter 20).
Responsibile Official is the Forest Service line officer who has the
authority and responsibility to make decisions on proposed actions
subject to notice, comment and appeal under this part.

Sec. 215.3 Proposed actions subject to notice and comment.

The notice and comment procedures of Sec. 215.5 apply only to the
following actions:
(a) Proposed actions implementing national forest land and resource
management plans (36 CFR 219.11) for which an environmental assessment
is prepared.
(b) Proposed timber harvest as described in Paragraph 4, section
31.2 of Forest Service Handbook 1905.15 for which a project or case file
and Decision Memo are required.
(c) Nonsignificant amendments (36 CFR part 219) to land and resource
management plans that are included as part of a decision on a proposed
action as specified in paragraph (a) of this section.
(d) Proposed actions on those National Forests which do not yet have
approved land and resource management plans prepared pursuant to 36 CFR
part 219 as follows:
(1) Proposed actions for which an environmental assessment is
prepared; or
(2) Proposed timber harvest as described in Paragraph 4, section
31.2 of Forest Service Handbook 1905.15 for which a project or case file
and Decision Memo are required.
(e) Proposed forestry research activities to be conducted on
National Forest Systems lands for which an environmental assessment has
been prepared.

Sec. 215.4 Actions not subject to notice and comment.

The following proposed actions are not subject to notice and comment
procedures of Sec. 215.5
(a) Actions described in a draft environmental impact statement, for
which notice and comment procedures are governed by 40 CFR parts 1500-
1508;
(b) Actions categorically excluded from documentation in an
environmental impact statement or environmental assessment pursuant to 7
CFR 1b.3 or FSH 1909.15, sections 31.1 and 31.2, except timber harvest
actions as specified in Sec. 215.3(b) and (d)(2);

[[Page 28]]

(c) Any action or policy not subject to the provisions of the
National Environmental Policy Act and the implementing regulations at 40
CFR parts 1500-1508;
(d) Rules promulgated in accordance with the Administrative
Procedure Act (5 U.S.C. 551 et seq.) or policies and procedures issued
in Forest Service Manuals and Handbooks (36 CFR parts 200, 216);
(e) A nonsignificant amendment to a land and resource management
plan which is made separately from a proposed action specified in
Sec. 215.3(c) and which, therefore, is subject to appeal under part 217
of this chapter.

Sec. 215.5 Notice and comment on proposed actions.

(a) Annual notice of newspapers. Annually, each Regional Forester
shall, through notice published in the Federal Register, advise the
public of the principal newspapers to be utilized for publishing notices
required by this section.
(b) Manner of giving notice. (1) The Responsible Official shall
publish notice of proposed actions as specified in Sec. 215.3 in a
newspaper of general circulation identified pursuant to the requirements
of paragraph (a) of this section.
(2) The Responsible Official also shall give the public notice of
the opportunity to comment on proposed actions subject to this part as
follows:
(i) For proposed actions requiring an environmental assessment, the
Responsible Official shall promptly mail the environmental assessment
along with a letter identifying the proposed action to any person who
has requested it and to persons who are known to have participated in
the environmental analysis process.
(ii) For proposed timber harvest actions categorically excluded from
documentation under Forest Service Handbook 1909.15, section 31.2,
paragraph 4, the Responsible Official shall promptly mail a letter
briefly describing the proposed to any person who has requested notice,
to persons who are on a mailing list to receive notice of this type of
decision, or to persons who are known to have participated in the
decisionmaking process.
(c) Content of the public notice for comment on proposed actions.
All notices provided or published pursuant to this section shall include
the following:
(1) The title and brief description of the proposed action;
(2) A general description of the proposed action location;
(3) Instructions on how to obtain additional information on the
proposed action;
(4) The name, title, address, and telephone number of the
Responsible Official to whom comments should be addressed; and
(5) The date the comment period ends (Sec. 215.6(a)).

Sec. 215.6 Response to comments received on proposed actions.

(a) Comment period. The Responsible Official shall accept comments
on an proposed action subject to Sec. 215.3 for 30 days following the
date of publication of the notice for public comment. Both oral and
written comments shall be accepted. The 30-day period for comment begins
on the first day after publication of notice. Saturdays, Sundays, and
Federal holidays are included in computing all time periods in this
section; however, when the comment period ends on a Saturday, Sunday, or
Federal holiday, the comment period shall be extended to the close of
business of the next Federal working day.
(b) Submission. Persons expressing an interest or submitting
comments to the Responsible Official in response to a notice published
or provided pursuant to Sec. 215.5 shall provide the following
information, which will become a matter of public record:
(1) Name, address, and (if possible) telephone number;
(2) Title of the document(s) on which comment is being submitted;
and
(3) Specific facts or comments along with supporting reasons that
the person believes the Responsible Official should consider in reaching
a decision.
(c) Timeliness. It is the responsibility of persons providing
comments to submit them by the close of the comment period.
(1) When comments are received, the Responsible Official shall
clearly identify the date of receipt.

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(2) The Responsible Official must consider all written comments
postmarked or facsimile imprinted by the close of business on the 30th
day following publication of the notice (Sec. 215.5) and all oral
comments received by the close of business on the 30th day following
publication of the notice.
(d) The Responsible Official shall address comments received from
the public during the comment period in an appendix to the environmental
assessment. For proposed timber harvest actions to be categorically
excluded from documentation under Forest Service Handbook 1909.15,
section 31.2, paragraph 4, public comments and responses to them shall
be placed in the project file.
(e) Notes of oral comments received in response to a notice for
public comment pursuant to Sec. 215.5 shall be placed in the files and
addressed pursuant to paragraph (d) of this section.

Sec. 215.7 Decisions subject to appeal.

Only the following decisions are subject to appeal under this part:
(a) Project and activity decisions documented in a Record of
Decision or Decision Notice, including those which, as a part of the
project approval decision, contain a nonsignificant amendment to a
National Forest Land and Resource Management Plan (36 CFR 219.10).
(b) Timber harvest project and activity decisions as described in
paragraph 4, Section 31.2 of Forest Service Handbook 1909.15 which are
documented in a decision memo.

Sec. 215.8 Decisions not subject to appeal.

(a) The following decisions are not subject to appeal under this
part:
(1) Project or activity decisions included in a Record of Decision
for significant amendment, revision, or approval of a land and resource
management plan, appeal of which is governed by 36 CFR part 217;
(2) Preliminary findings made during planning and/or analysis
processes. Such findings are appealable only upon issuance of a decision
document;
(3) Actions for which notice and opportunity to comment have been
published and on which no expression of interest has been received
during the comment period (Sec. 215.6), and on which the Responsible
Official's decision does not modify the proposed action; and
(4) Decisions for actions that have been categorically excluded from
documentation in an environmental assessment or environmental impact
statement in FSH 1909.15, Section 31.1 and 31.2, except as noted in
Sec. 215.7(b).
(b) In addition to decisions excluded from appeal by paragraph (a)
of this section, the Appeal Deciding Officer shall dismiss any appeal
filed on subsequent implementing actions that result from the initial
project decision subject to appeal under Sec. 215.7. For example, an
initial decision to offer a timber sale is appealable under this part;
subsequent implementing actions to advertise or award that sales are not
appealable under this part.
(c) Decisions solely affecting the business relationship between the
Forest Service and holders of written instruments regarding occupancy
and use of National Forest System lands can be appealed by permit
holders under either 36 CFR part 251, subpart C, or this part, but
cannot be appealed under both regulations.

Sec. 215.9 Notice of decisions.

(a) Publication of public notice. The Responsible Official shall
publish a notice of any decision which is subject to notice and comment
under Sec. 215.3 in a newspaper of general circulation identified
pursuant to the requirements of Sec. 215.5(a).
(b) Publication of notice of a decision. A notice of a decision
published pursuant to this section shall:
(1) Include the decision title 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 decision document;
(2) Except for decisions on which no expression of interest was
received during the comment period Sec. 215.8(4), state that the
decision is subject to appeal pursuant this part and include the
following:
(i) State the name and address of the Appeal Deciding Officer with
whom an appeal should be filed;

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(ii) Specify that an appeal must be postmarked and submitted to the
Appeal Deciding Officer within 45 days of the date of publication in
accordance with Sec. 215.13;
(3) For those decisions on which no comment was received, state that
the decision is not subject to appeal pursuant to Sec. 215.8(a)(4).
(c) Mailing decision documents. The Responsible Official shall
promptly mail the decision document to those who request the specific
document and to those who submitted comments on the proposed action
either before or during the comment period provided pursuant to
Sec. 215.6.

Sec. 215.10 Implementation of decisions.

(a) If no appeal is filed, implementation of decisions subject to
appeal pursuant to this part may occur on, but not before, 5 business
days from the close of the appeal filing period.
(b) If an appeal is filed, implementation may not occur for 15 days
following the date of appeal disposition. In the event of multiple
appeals of the same decision, the date of the disposition of the last
appeal controls the implementation date.
(c) If a project is not appealable because, pursuant to
Sec. 215.8(a)(4), no expression of interest has been received and there
is no change from the proposed action, implementation may occur
immediately upon publication of the notice of the decision as provided
in Sec. 215.9.
(d) A project decision is not subject to a stay if the Chief of the
Forest Service determines that an emergency situation exists with
respect to the decision in accordance with the following provisions of
this paragraph:
(1) An emergency, as defined here, is an unexpected event, or a
serious occurrence or a situation requiring urgent action. Examples of
an emergency include, but are not limited to, the following:
(i) Vegetation loss which presents an immediate threat of flooding
or landslide.
(ii) Hazardous or unsafe situations as a result of wildfire or other
circumstances.
(iii) Damage to water quality caused by siltation due to fire or
flooding.
(iv) Potential loss of fish and wildlife habitat due to windstorms
and blowdowns.
(v) Sudden outbreaks of forest pests and diseases.
(2) The Responsible Official shall notify the public that the Forest
Service intends to handle this project as an emergency in the public
notice on proposed actions as provided in Sec. 215.5(c)(1). Actions
responding to emergency situations may be accomplished with force
account (Forest Service crews), service contracts or timber sale
contracts.

Sec. 215.11 Who may participate in appeals.

(a) Except as provided for in paragraph (c) of this section, an
appeal pursuant to this part may be filed by any person who, or any non-
Federal organization or entity that has met either of the following
criteria:
(1) Submitted written comment in response to a project draft
Environmental Impact Statement; or
(2) Provided comment or otherwise expressed interest in a particular
proposed action by the close of the comment period specified in
Sec. 215.6.
(b) Persons interested in or potentially affected by an appeal may
participate as an interested party, as provided in Sec. 215.13(e).
(c) Federal agencies may not participate as appellants or interested
parties.
(d) Federal employees filing appeals under this part shall comply
with Federal conflict of interest statutes at 18 U.S.C. 202-209 and with
employee ethics requirements at 5 CFR part 2635. Specifically, employees
shall not be on official duty or use government property or equipment in
the preparation or transmittal of an appeal. Employees also shall not
use official information not yet released to the public.

[58 FR 58910, Nov. 4, 1993, as amended at 63 FR 4188, Jan. 28, 1998]

Sec. 215.12 Where to file appeals.

The Appeal Deciding Officer with whom appeals must be filed are as
follows:

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------------------------------------------------------------------------
If the responsible official who made the Then the appeal deciding
decision is: officer is:
------------------------------------------------------------------------
Regional Forester......................... Chief of the Forest Service.
Forest Supervisor or...................... Regional Forester.
District Ranger........................... Do.
------------------------------------------------------------------------

Sec. 215.13 Appeal time periods and process.

(a) Filing procedures. To appeal a decision under this part, a
person must submit a written appeal to the Appeal Deciding Officer
within the 45 day appeal filing period specified in the public notice
published pursuant to Sec. 215.9.
(b) Computation of time periods. (1) The day after the publication
of the public notice published pursuant to Sec. 215.9 is the first day
of the appeal filing period.
(2) All time periods in this section are to be computed using
calendar days. Saturdays, Sundays, and Federal holidays are included in
computing the time period for filing an appeal. However, when the filing
period would expire on a Saturday, Sunday, or Federal holiday, the
filing time is extended to the end of the next Federal working day.
(c) Evidence of timely filing. The appellant is responsible for
submitting an appeal on or before the last day of the appeal filing
period. Where there is a question about timelines of an appeal, the U.S.
Postal Service postmark on a mailed appeal or the time and date imprint
on a facsimile appeal will be used to determine timeliness.
(d) Time extensions. Time extensions are not permitted.
(e) Interested party comments. Interested parties must submit
written comments to the Appeal Reviewing Officer within 15 days after
close of the appeal filing period and are encouraged to provide a copy
to the appellants at the same time. An interested party can obtain the
address of the Appeal Reviewing Officer and appellants by contacting the
Appeal Deciding Officer.
(f) Time period for formal disposition. Unless an appeal is resolved
through the informal disposition process provided for in Sec. 215.16,
the following timeframe and process shall apply:
(1) Transmittal of decision documentation. Within 15 days of the
close of the appeal filing period, the Responsible Official shall
transmit the appeal record to the Appeal Reviewing Officer.
(2) Review recommendation. Within 30 days of the close of the appeal
filing period, the Appeal Reviewing Officer shall review the appeal
record and forward it to the Appeal Deciding Officer with a written
recommendation on the disposition of the appeal(s). The Appeal Reviewing
Officer's recommendation shall be released upon issuance of an appeal
decision.
(3) Appeal decision. Within 45 days following the end of the appeal
filing period, the Appeal Deciding Officer shall issue a written
decision or otherwise give notice to appellant(s) concerning the
disposition of the appeal. The decision or notice shall briefly explain
why the Responsible Official's original decision was affirmed or
reversed, in whole or in part.

Sec. 215.14 Content of an appeal.

(a) It is the appellant's responsibility to provide sufficient
written evidence and rationale to show why the Responsible Official's
decision should be remanded or reversed.
(b) An appeal submitted to the Appeal Deciding Officer becomes a
part of the appeal record. An appeal must meet the following
requirements:
(1) State that the document is an appeal filed pursuant to 36 CFR
part 215;
(2) List the name and address of the appellant and, if possible, a
telephone number;
(3) Identify the decision document by title and subject, date of the
decision, and name and title of the Responsible Official;
(4) Identify the specific change(s) in the decision that the
appellant seeks or portion of the decision to which the appellant
objects;
(5) State how the Responsible Official's decision fails to consider
comments previously provided, either before or during the comment period
specified in Sec. 215.6 and, if applicable, how the appellant believes
the decision violates law, regulation, or policy.

Sec. 215.15 Dismissal of appeal without review.

(a) An Appeal Deciding Officer shall dismiss an appeal without
review when:
(1) The appeal is not postmarked or the facsimile is not date
imprinted

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within the 45-day appeal filing period in accordance with Sec. 215.13;
(2) The requested relief or change cannot be granted under law,
fact, or regulation;
(3) The decision at issue is being appealed by the appellant under
another administrative proceeding;
(4) The decision is excluded from appeal pursuant to Sec. 215.8;
(5) The appellant did not express an interest in the specific
proposal at any time prior to the close of the comment period specified
in Sec. 215.6;
(6) The Responsible Official has withdrawn the decision being
appealed; or
(7) The appellant has filed for Federal judicial review of the
decision and the Chief has waived the argument in Sec. 215.20.
(b) The Appeal Deciding Officer shall give written notice to the
appellant, interested parties, and Responsible Official that an appeal
is dismissed and state the reasons for dismissal.

Sec. 215.16 Informal disposition.

(a) Offer to meet. When a decision is appealed under this part, the
Responsible Official must contact the appellant(s) and offer to meet and
discuss resolution of the issues raised in the appeal. This contact
shall be made as soon as practicable after an appeal has been filed.
(b) Time and location of meeting. If one or more appellants agree to
meet, the meeting(s) must take place not later than 15 days after the
closing date for filing an appeal. The location of the meeting shall be
in the vicinity of the lands affected by the decision. When the District
Ranger is the Responsible Official, meetings will generally be located
on or near that Ranger District. When the Forest Supervisor or Regional
Forester is the Responsible Official, meetings will generally take place
at a location within or near the National Forest.
(c) Type of meeting. Generally, participants shall be physically
present at informal disposition meetings. Where an appellant cannot
attend a meeting in person because of schedule conflicts or travel
distances, alternative types of meetings (such as telephone conferences
or video conferences) may be arranged. This alternative type meeting
also must take place not later than 15 days after the closing date for
filing an appeal. The informal disposition meeting must be open to
interested parties and the public.
(d) Agreement on disposition. The Responsible Official must notify
the Appeal Deciding Officer of the names of meeting participants and the
outcome of the informal disposition meeting.
(1) If the appellant(s) and Responsible Official reach agreement on
disposition of the appeal, the Responsible Official shall so notify the
Appeal Deciding Officer and the appellant shall withdraw the appeal by
letter to the Appeal Deciding Officer no later than 15 days after the
meeting. Upon notice from the appellant that the appeal has been
withdrawn, the Appeal Deciding Officer shall notify the interested
parties, Appeal Reviewing Officer, and Responsible Official of the
conclusion of the appeal.
(2) If, as a result of the agreement reached at the informal
disposition meeting, new information is received or changes to the
original project decision or environmental analysis are proposed, the
Responsible Official must follow the procedures in the Environmental
Policy and Procedures Handbook, FSH 1909.15, section 18.
(e) Failure to reach agreement. If the appeal is not resolved
through the informal disposition meeting, the Responsible Official shall
so notify the Appeal Deciding Officer in writing. The Appeal Deciding
Officer shall then advise the Appeal Reviewing Officer to proceed with
formal review of the appeal.

Sec. 215.17 Formal disposition.

(a) Formal disposition period. The Appeal Deciding Officer shall
issue an appeal decision not later than 45 days after the end of the
appeal filing period.
(b) Appeal decision. The Appeal Deciding Officer shall complete a
review based on the appeal record as defined in Sec. 215.2 and the
Reviewing Officer's recommendation. The Appeal Deciding Officer shall
issue a written appeal decision either affirming or reversing the
Responsible Official's decision, in

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whole or in part, and may include instructions for further action. The
Appeal Deciding Officer shall send a copy of the appeal decision to the
appellant, interested parties, the Appeal Reviewing Officer, and the
Responsible Official. If a formal decision is not issued, the Appeal
Deciding Officer shall notify the appellant(s) of the disposition of
their appeal.

Sec. 215.18 Appeal deciding officer authority.

(a) Consolidation of appeal decisions. In cases involving multiple
appeals of a decision subject to this part, the Appeal Deciding Officer
shall determine whether to issue one appeal decision or separate appeal
decisions.
(b) Procedural decisions. The Appeal Deciding Officer shall make all
procedural determinations in this part. Such determinations are not
subject to further administrative review.
(c) Appeal decisions. The Appeal Deciding Officer's decision
constitutes the final administrative determination of the Department of
Agriculture.

Sec. 215.19 Appeal reviewing officer authority.

(a) Identification of Appeal Reviewing Officer. An agency official
at the Regional Office level designated by the Chief is the Appeal
Reviewing Officer for appeals of District Ranger and Forest Supervisor
decisions. An agency official at the Washington Office level designated
by the Chief is the Appeal Reviewing Officer for appeals of Regional
Forester Decisions. The Appeal Reviewing Officer shall be an officer at
least at the level of the agency official who made the initial decision
on the project or activity that is under appeal and has not participated
in the initial decision and will not be responsible for implementing the
initial decision after the appeal is decided.
(b) Scope of review. The Appeal Reviewing Officer's review of
decisions under this part focuses on decision documentation developed by
the Responsible Official in reaching the decision, issues raised in the
appeal, and comments submitted by interested parties.
(c) Consolidation of recommendations. In cases involving multiple
appeals of a decision subject to this part, the Appeal Reviewing Officer
shall determine whether to issue one recommendation or separate
recommendations.

Sec. 215.20 Policy in event of judicial proceedings.

Unless waived in a specific case, it is the position of the
Department of Agriculture that any filing for Federal judicial review of
a decision subject to review under this part is premature and
inappropriate unless the plaintiff has first sought to invoke and
exhaust the procedures available under this part.

Sec. 215.21 Applicability and effective date.

(a) The requirements of Sec. 215.5 of this part to provide notice
and opportunity to comment on proposed actions described in Sec. 215.3
is effective January 3, 1994.
(b) Decisions for which notice has been given pursuant to 36 CFR
217.5 prior to January 3, 1994, remain subject to the appeal procedures
of 36 CFR part 217.