[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: 36CFR218.4]

[Page 44-45]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 218_PREDECISIONAL ADMINISTRATIVE REVIEW PROCESSES--
Table of Contents
 
Sec.  218.4  Legal notice of objection process for proposed authorized hazardous
fuel reduction projects.

    (a) The Responsible Official shall promptly mail the final 
environmental impact statement (FEIS) or the environmental assessment 
(EA) to those who have previously requested to be included on the 
proposed authorized hazardous fuel reduction project mailing list or are 
known to have submitted specific written comments related to the 
proposed authorized hazardous fuel reduction project during the 
opportunity for public comment provided during preparation of the 
environmental assessment or environmental impact statement.
    (b) Upon completion and mailing of the FEIS or EA, legal notice of 
the opportunity to object to a proposed authorized hazardous fuel 
reduction project shall be published in the applicable newspaper of 
record identified in paragraph (c) of this section for each National 
Forest System unit. When the Chief is the Responsible Official, notice 
shall also be published in the Federal Register. The legal notice shall:

[[Page 45]]

    (1) Include the name of the proposed authorized hazardous fuel 
reduction project and a concise description of the preferred 
alternative, name and title of the Responsible Official, name of the 
Forest and/or District on which the proposed authorized hazardous fuel 
reduction project will occur, instructions for obtaining a copy of the 
FEIS or EA, and instructions on how to obtain additional information on 
the proposed authorized hazardous fuel reduction project.
    (2) State that the proposed authorized hazardous fuel reduction 
project is subject to the objection process pursuant to 36 CFR part 218, 
subpart A, and include the following:
    (i) Name and address of the Reviewing Officer with whom an objection 
is to be filed. The notice shall specify a street, postal, fax, and e-
mail address, the acceptable format(s) for objections filed 
electronically, and the Reviewing Officer's office business hours for 
those filing hand-delivered objections.
    (ii) A statement that objections will be accepted only from those 
who have previously submitted written comments specific to the proposed 
authorized hazardous fuel reduction project during scoping or other 
opportunity for public comment (Sec.  218.6(a)).
    (iii) 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 objection (Sec.  218.9(a)) and that those wishing to object 
should not rely upon dates or timeframe information provided by any 
other source. A specific date shall not be included in the legal notice.
    (iv) A statement that an objection, including attachments, must be 
filed (regular mail, fax, e-mail, hand-delivery, express delivery, or 
messenger service) with the appropriate Reviewing Officer (Sec.  218.7) 
within 30 days of the date of publication of the legal notice for the 
objection process. Incorporation of documents by reference shall not be 
allowed.
    (v) A statement describing the minimum content requirements of an 
objection (Sec.  218.7(b)-(c)).
    (vi) A statement that the proposed authorized hazardous fuel 
reduction project is not subject to the notice, comment, and appeal 
procedures found at part 215 of this chapter (Sec.  218.3).
    (c) Publication. Through notice published annually in the Federal 
Register, each Regional Forester shall advise the public of the 
newspaper(s) of record utilized for publishing legal notice required by 
this subpart.