[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: 36CFR218.13]

[Page 48]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 218_PREDECISIONAL ADMINISTRATIVE REVIEW PROCESSES--
Table of Contents
 
Sec.  218.13  Judicial proceedings.

    The objection process set forth in this subpart fully implements 
Congress' design for a predecisional administrative review process for 
proposed hazardous fuel reduction projects authorized by the HFRA. These 
procedures present a full and fair opportunity for concerns to be raised 
and considered on a project-by-project basis. Individuals and groups 
must structure their participation so as to alert the local agency 
officials making particular land management decisions of their positions 
and contentions. Further, any filing for Federal judicial review of an 
authorized hazardous fuel reduction project is premature and 
inappropriate unless the plaintiff has submitted specific written 
comments relating to the proposed action during scoping or other 
opportunity for public comment as prescribed by the HFRA, and the 
plaintiff has challenged the authorized hazardous fuel reduction project 
by exhausting the administrative review process set out in this subpart. 
Further, judicial review of hazardous fuel reduction projects that are 
subject to these procedures is strictly limited to those issues raised 
by the plaintiff's submission during the objection process, except in 
exceptional circumstances such as where significant new information 
bearing on a specific claim only becomes available after conclusion of 
the administrative review.