[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: 36CFR219.8]

[Page 53]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 219_PLANNING--Table of Contents
 
 Subpart A_National Forest System Land and Resource Management Planning
 
Sec.  219.8  Application of a new plan, plan amendment, or plan revision.

    (a) Application of a new plan, plan amendment, or plan revision to 
existing authorizations and approved projects or activities. (1) The 
Responsible Official must include in any document approving a plan 
amendment or revision a description of the effects of the plan, plan 
amendments, or plan revision on existing occupancy and use, authorized 
by permits, contracts, or other instruments implementing approved 
projects and activities. If not expressly excepted, approved projects 
and activities must be consistent with applicable plan components, as 
provided in paragraph (e) of this section. Approved projects and 
activities are those for which a Responsible Official has signed a 
decision document.
    (2) Any modifications of such permits, contracts, or other 
instruments necessary to make them consistent with applicable plan 
components as developed, amended, or revised are subject to valid 
existing rights. Such modifications should be made as soon as 
practicable following approval of a new plan, plan amendment, or plan 
revision.
    (b) Application of a new plan, plan amendment, or plan revision to 
authorizations and projects or activities subsequent to plan approval. 
Decisions approving projects and activities subsequent to approval of a 
plan, plan amendment, or plan revision must be consistent with the plan 
as provided in paragraph (e) of this section.
    (c) Application of a plan. Plan provisions remain in effect until 
the effective date of a new plan, plan amendment, or plan revision.
    (d) Effect of new information on projects or activities. Although 
new information will be considered in accordance with agency NEPA 
procedures, nothing in this subpart requires automatic deferral, 
suspension, or modification of approved decisions in light of new 
information.
    (e) Ensuring project or activity consistency with plans. Projects 
and activities must be consistent with the applicable plan. If an 
existing (paragraph (a) of this section) or proposed (paragraph (b) of 
this section) use, project, or activity is not consistent with the 
applicable plan, the Responsible Official may take one of the following 
steps, subject to valid existing rights:
    (1) Modify the project or activity to make it consistent with the 
applicable plan components;
    (2) Reject the proposal or terminate the project or activity, 
subject to valid existing rights; or
    (3) Amend the plan contemporaneously with the approval of the 
project or activity so that it will be consistent with the plan as 
amended. The amendment may be limited to apply only to the project or 
activity.