[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: 36CFR215.7]

[Page 34-35]
 
              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.  215.7  Legal notice of decision.

    (a) The Responsible Official shall promptly mail the Record of 
Decision (ROD) or the Decision Notice (DN) and Finding of No Significant 
Impact (FONSI) to those who requested the decision document and those 
who submitted substantive comments during the comment period (Sec.  
215.6).
    (b) The Responsible Official shall publish a legal notice of any 
decision documented in a ROD or DN in the applicable newspaper of record 
(Sec.  215.5(b)(2)). The legal notice shall:
    (1) Include the title of the project or activity and a concise 
description of the action(s) to be taken, the name and title of the 
Responsible Official, and instructions for obtaining a copy of the DN 
and FONSI or ROD.
    (2) State that the decision is subject to appeal pursuant to 36 CFR 
part 215 and include the following:
    (i) Name and address of the Appeal Deciding Officer with whom an 
appeal is to be filed. The notice shall specify a street, postal, fax, 
and e-mail address, the acceptable format(s) for appeals electronically 
filed, and the Appeal Deciding Official's office business hours for 
those filing hand-delivered appeals.
    (ii) A statement that the publication date of the legal notice in 
the newspaper of record is the exclusive means for calculating the time 
to file an appeal (Sec.  215.15 (a)) and that those wishing to appeal 
should not rely upon dates or timeframe information provided by any 
other source. An actual date shall not be included in the legal notice.
    (iii) A statement that an appeal, including attachments, must be 
filed (regular mail, fax, e-mail, hand-delivery, express delivery, or 
messenger service) with the appropriate Appeal Deciding Officer (Sec.  
215.8) within 45 days following the date of publication of the legal 
notice.
    (iv) A statement indicating that individuals or organizations who 
submitted substantive comments during the comment period (Sec.  215.6) 
may appeal.

[[Page 35]]

    (v) A statement specifying, when applicable, that the Chief of the 
Forest Service, or a designee, has determined that an emergency 
situation exists (Sec.  215.10), and which portion of the project is 
covered by that determination as provided for in Sec.  215.10.
    (vi) A statement indicating how many days following publication of 
the decision that implementation may begin (Sec.  215.9), including 
those portions covered by an emergency situation determination, if 
applicable (Sec.  215.10).
    (3) When no substantive comments expressing concerns or only 
supportive comments are received, include a statement indicating that 
the decision is not subject to appeal pursuant to Sec.  215.12.