Agency:
Scheme Nickname:
Project-level predecisional administrative review
Informal adjudication process that provides eligible parties with a "predecisional" administrative review process for proposed Forest Service (FS) actions concerning projects or activities implementing a land and resource management plan (LRMP) documented with a Record of Decision (ROD) or Decision Notice (DN). (36 CFR Part 218). Cases must fall into one of the enumerated categories listed in 36 CFR 218.22 to be subject to predecisional objection, and generally involve projects/activities with an environmental component. Only persons, entities, or Indian tribes who filed timely, specific written comments regarding a proposed project/activity during a prior comment period may file objections.
Adjudication Levels:
| Level | Name of Office | Sub-Agency/Bureau/Division: | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|---|
Hearing Level | Forest Service | No |
Comments/Notes on Adjudication Structure:
This adjudication scheme provides hearing-level review as of right for eligible objectors (i.e, any person/entity submitting substantive written comments during the designated comment period). Adjudication structure follows the FS chain of command. The FS official issuing the challenged proposed project/activity is referred to as the "Responsible Official," and may be anyone from a Forest Supervisor to the Forest Service Chief, depending on the particular action. The "Reviewing Officer" (RO) is the FS or USDA official who presides over the objection review process. For proposed projects/actions made below the level of the Chief, the RO is the FS officer at the next higher administrative level above the Responsible Official (i.e., Associate Deputy Chief, Deputy Regional Forester, or Deputy Forest Supervisor). When a proposed project/activity is made by the Forest Service Chief, the RO is either the Secretary or the Under Secretary for National Resources and the Environment. (See 36 CFR 218.3(a)).
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
No
