[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: 36CFR215.8]

[Page 29]
 
              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. 215.8  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.