[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR215.10]

[Page 30]
 
              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. 215.10  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.