[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: 36CFR218.6]

[Page 45-46]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 218_PREDECISIONAL ADMINISTRATIVE REVIEW PROCESSES--
Table of Contents
 
Sec.  218.6  Who may file an objection.

    (a) Individuals and organizations who have submitted specific 
written comments related to the proposed authorized hazardous fuel 
reduction project during the opportunity for public comment provided 
during preparation of an environmental assessment or environmental 
impact statement for the proposed authorized hazardous fuel reduction 
project as characterized in section 104(g) of the HFRA may file an 
objection. For proposed authorized hazardous fuel reduction projects 
described in a draft environmental impact statement, such opportunity 
for public comment will be fulfilled by the comment procedures set forth 
in 40 CFR 1506.10. For proposed authorized hazardous fuel reduction 
projects described in an environmental assessment, such opportunity for 
public comment will be fulfilled during scoping or other public 
involvement opportunities as environmental assessments are not 
circulated for public comment in draft form.
    (b) Comments received from an authorized representative(s) of an 
organization are considered those of the organization only. Individual 
members of that organization do not meet objection eligibility 
requirements solely on the basis of membership in an organization. A 
member or an individual

[[Page 46]]

must submit comments independently in order to be eligible to file an 
objection in an individual capacity.
    (c) When an objection lists multiple individuals or organizations, 
each individual or organization shall meet the requirements of paragraph 
(a) of this section. Individuals or organizations listed on an objection 
that do not meet eligibility requirements shall not be considered 
objectors. Objections from individuals or organizations that do not meet 
the requirements of paragraph (a) shall not be accepted. This shall be 
documented in the objection record.
    (d) Federal agencies may not file objections.
    (e) Federal employees who otherwise meet the requirements of this 
subpart for filing objections in a non-official capacity, shall comply 
with Federal conflict of interest statutes at 18 U.S.C. 202-209 and with 
employee ethics requirements at 5 CFR part 2635. Specifically, employees 
shall not be on official duty nor use Government property or equipment 
in the preparation or filing of an objection. Further, employees shall 
not incorporate information unavailable to the public, such as Federal 
agency documents that are exempt from disclosure under the Freedom of 
Information Act (5 U.S.C. 552 (b)).