Informal adjudication process that provides eligible parties with a "predecisional" administrative review process for proposed Forest Service (FS) development, amendment, or revision of land and resource management plans (LRMP) for units of the National Forest System, as required by the Forest and Rangeland Renewable Resources Planning Act of 1974. (See 36 CFR Part 219). The purpose of Part 219 is to "guide the collaborative and science-based development, amendment, and revision of [LRMPs] that promote the ecological integrity of national forests and grasslands and other administrative units of the [National Forest System." (36 CFR 219.1(c). To be eligible to participate in the administrative review (objection) process, a person or entity must have filed timely "substantive formal comments" to a proposed plan, plan amendment, or plan revision during the designated comment period during the planning process.
Agency:
Scheme Nickname:
Pre-decisonal administrative review of land and resource management plans (LMRPs)
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 proposed plan, plan amendment, or plan revision being challenged 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. Typically, subject to a few exceptions, the Reviewing Officer is the FS official "at the next higher administrative level above the [R]esponsible [O]fficial." (See 36 CFR 219.56(e) for general rule regarding the identity of the Reviewing Officer; exceptions to the general rule are set forth in 36 CFR 219.56(e)(1)-(2)).
Distinctive Features:
This adjudication scheme is unusual in that it permits administrative review of so-called "predecisional" proposed agency actions.
Verified by Agency:
Not verified
Is this a Major Adjudication:
No