[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR215.12]

[Page 36-37]
 
              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.  215.12  Decisions and actions not subject to appeal.

    The following decisions and actions are not subject to appeal under 
this part, except as noted:
    (a) The amendment, revision, or adoption of a land and resource 
management plan that includes a project decision, except that the 
project portion of the decision is subject to this part. The amendment, 
revision, or adoption portion of a decision is subject to either the 
objection process of Sec.  219.32 or the administrative appeal and 
review procedures of part 217 in effect prior to November 9, 2000 (see 
36 CFR parts 200 to 299, Revised as of July 1, 2000);
    (b) Determination, with documentation, that a new decision is not 
needed following supplementation of an environmental impact statement 
(EIS) or revision of an environmental assessment (EA) pursuant to FSH 
1909.15, Chapter 10, section 18.
    (c) Preliminary findings made during planning and/or analysis 
processes on a project or activity. Such findings are appealable only 
upon issuance of a decision document.
    (d) Subsequent implementing actions that result from the initial 
project decision that was subject to appeal.
    (e) Projects or activities for which notice of the proposed action 
and opportunity to comment is published (Sec.  215.5) and
    (1) No substantive comments expressing concerns or only supportive 
comments are received during the comment period for a proposed action 
analyzed and documented in an EA (Sec.  215.6); or
    (2) No substantive comments expressing concerns or only supportive 
comments are received during the comment period for a draft EIS (40 CFR 
1502.19), and the Responsible Official's decision does not modify the 
preferred alternative identified in the draft EIS.
    (f) Decisions for actions that have been categorically excluded from 
documentation in an EA or EIS pursuant to FSH 1909.15, Chapter 30, 
section 31.

[[Page 37]]

    (g) An amendment, revision, or adoption of a land and resource 
management plan that is made independent of a project or activity 
(subject to either the objection process of Sec.  219.32 or the 
administrative appeal and review procedures of part 217 in effect prior 
to November 9, 2000 (see 36 CFR parts 200 to 299, Revised as of July 1, 
2000)).
    (h) Concurrences and recommendations to other Federal agencies.
    (i) Hazardous fuel reduction projects conducted under provisions of 
the HFRA, as set out at part 218, subpart A, of this title.

[68 FR 33595, June 4, 2003, as amended at 69 FR 1533, Jan. 9, 2004]