[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: 36CFR215.11] [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. 215.11 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]