[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: 36CFR215.18]

[Page 39-40]
 
              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.  215.18  Formal review and disposition procedures.

    (a) Scope of review. The Appeal Deciding Officer shall complete a 
review based on the appeal record (Sec.  215.2) and the Appeal Reviewing 
Officer's recommendation (Sec.  215.19(b)).
    (b) Disposition. The Appeal Deciding Officer shall either:
    (1) Issue a written appeal decision within 45 days following the end 
of the appeal-filing period, which affirms or reverses the Responsible 
Official's decision, either in whole or in part, and which may include 
instructions for further action. When an appeal decision involves 
instructions concerning new information or changed circumstances, the 
Responsible Official must follow the correction, supplementation, or 
revision of environmental documentation and reconsideration of decisions 
to take action guidance in FSH 1909.15,

[[Page 40]]

Chapter 10, section 18 and Sec.   Sec.  215.3, 215.4, 215.11, and 215.12. 
The Appeal Deciding Officer shall send a copy of the appeal decision to 
the appellant(s), the Appeal Reviewing Officer, and the Responsible 
Official within 5 days; or
    (2) Not issue an appeal decision and so notify the appellant(s) in 
writing that an appeal decision will not be issued and that the 
Responsible Official's decision constitutes the final agency action of 
the Department of Agriculture (Sec.  215.15(e)(2)). Notification shall 
be sent no sooner than 46 days nor later than 50 days following the end 
of the appeal-filing period.
    (c) Final administrative determination. The Appeal Deciding 
Officer's appeal disposition constitutes the final administrative 
determination of the Department of Agriculture.