Informal adjudication process that provides eligible parties with the opportunity for administrative (post-decisional) review of written Forest Service (FS) decisions involving projects or activities implementing a land and resource management plan (LRMP). (36 CFR Part 215). Cases must fall into one of the appeal categories listed in 36 CFR 215.11 to be reviewable, and generally involve projects/activities with an environmental component. Legal notice of proposed covered FS projects/actions and opportunity to comment is published in the Federal Register or newspaper, and any individual or organization may file comments. The FS Responsible Official reviews any comments and issues a final decision, in the form of a Record of Decision (ROD) or Decision Notice (DN) and Finding of No Significant Impact (FONSI). Only persons/entities filing comments are eligible to appeal.
Agency:
Scheme Nickname:
Administrative review re: projects/activities implementing LRMPs
Comments/Notes on Adjudication Structure:
This adjudication scheme provides hearing-level review as of right for eligible appellants (i.e, any person/entity submitting substantive written or oral comments during the comment period). Adjudication structure follows the FS chain of command. First level appeals (i.e., hearing-level decisions) are adjudicated by the "Appeal Deciding Official" who is the FS official one organizational level above the USDA official who issued the challenged initial decision (referred to as the "Responsible Official").
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
No