- Joined
- Apr 18, 2005
- Location
- Greensboro, NC
This is the appeals process 4wd users will be following for appeals filed under 36 CFR 251 (Title 36 Code of Federal Regulations Part 215). This is another step in our fight to Save Tellico and we must adhere to these administrative appeals rules if we hope to continue our fight into the courts of law.
Deadlines For Filing
Appeals filed under 36 CFR 251 or 36 CFR 215 must be filed within 45 days of the date on the notice of the written decision being appealed to the next highest line officer (the Appeal Deciding Officer (Part 215) or the Reviewing Officer (Part 251). Objections to forest plans, plan amendments or revisions must be made to the Reviewing Officer 30 days after notice for the plan, amendment or revision was published in the newspaper of record (Part 219).
Notification
The first step in the appeals process under Part 215 is notification. The USFS official responsible for making the original decision on a USFS project or activity (Responsible Official) must mail copies of the decision to those who submitted substantive comments and others who requested a copy and must publish notice of the decision in a newspaper of record. The notice is required to state whether the decision may be appealed, that an appeal must be filed within 45 days of publication of the notice, and provide the name and address of the USFS official with whom to file an appeal. It must also state when the project or any part of it has been determined to be an emergency situation and when it may be implemented.
Appeal
Written appeals and any attachments must be filed with the Appeal Deciding Officer within 45 days following the publication date of the legal notice of the decision in the newspaper of record.
Review
Once an appeal is filed, the Responsible Official must transmit all documents and comments relating to the decision to an Appeal Review Official, along with a list of those who submitted substantive comments. The Appeal Review Officer reviews the appeal and makes a written recommendation on a disposition of the appeal, but the Appeal Deciding Officer need not follow the recommendation. (The USFS does not release the recommendation until the agency issues the appeal decision.)
Meetings
The Responsible Official must contact the appellant and offer to meet and discuss informal resolution of the issues involved in the appeal. If the appellant declines, the Appeal Deciding Officer is informed. If the appellant agrees to a meeting, a date within 15 days of the close of the appeal period and a place for the meeting is set. The meeting normally takes place in person, although if schedules prevent the appellant's attendance, a video or telephone conference may be arranged. The meetings are open to the public. If the meeting results in new information or resolution of issues, the Responsible Official must tell the Appeal Deciding Officer the outcome of the meeting, which may include one of the following: if and how the parties agreed to resolve some or all of the issues (in which case appellants withdraw the appeal in whole or in part), if new information was received, if in new facts were put forth that require that the Responsible Official to revise the environmental analysis and reconsider the decision, or that the appeal was not resolved and therefore formal review of some or all of it must continue.
Decision
The Appeal Deciding Officer has 45 days following the conclusion of the 45-day appeal period to review the record and the Appeal Review Officer's recommendation and render a written decision that is the final disposition of the appeal. If the officer does not issue a decision within that 45-day period he must inform the appellant(s) in writing that he will not issue a decision. In that case the responsible official's original decision stands as the agency final action. The original decision on a project or activity is then subject to judicial review.
Notification
The Appeal Deciding Officer must give written notice of the decision to the Appeal Reviewing Officer, the applicant(s) or holder(s), and to any holder of a similar authorization who has requested notice of the decision. The notice must state the Appeal Deciding Officer's willingness to meet with the parties to discuss the decision.
Dismissal
An Appeal Deciding Officer can dismiss an appeal for several reasons including filing an appeal past the deadline, the requested relief or change cannot be granted under law, the appellant has appealed the same decision under part 251, the decision is not subject to appeal, or the individual (or organization) did not submit substantive comments during the comment period.
Deadlines For Filing
Appeals filed under 36 CFR 251 or 36 CFR 215 must be filed within 45 days of the date on the notice of the written decision being appealed to the next highest line officer (the Appeal Deciding Officer (Part 215) or the Reviewing Officer (Part 251). Objections to forest plans, plan amendments or revisions must be made to the Reviewing Officer 30 days after notice for the plan, amendment or revision was published in the newspaper of record (Part 219).
Notification
The first step in the appeals process under Part 215 is notification. The USFS official responsible for making the original decision on a USFS project or activity (Responsible Official) must mail copies of the decision to those who submitted substantive comments and others who requested a copy and must publish notice of the decision in a newspaper of record. The notice is required to state whether the decision may be appealed, that an appeal must be filed within 45 days of publication of the notice, and provide the name and address of the USFS official with whom to file an appeal. It must also state when the project or any part of it has been determined to be an emergency situation and when it may be implemented.
Appeal
Written appeals and any attachments must be filed with the Appeal Deciding Officer within 45 days following the publication date of the legal notice of the decision in the newspaper of record.
Review
Once an appeal is filed, the Responsible Official must transmit all documents and comments relating to the decision to an Appeal Review Official, along with a list of those who submitted substantive comments. The Appeal Review Officer reviews the appeal and makes a written recommendation on a disposition of the appeal, but the Appeal Deciding Officer need not follow the recommendation. (The USFS does not release the recommendation until the agency issues the appeal decision.)
Meetings
The Responsible Official must contact the appellant and offer to meet and discuss informal resolution of the issues involved in the appeal. If the appellant declines, the Appeal Deciding Officer is informed. If the appellant agrees to a meeting, a date within 15 days of the close of the appeal period and a place for the meeting is set. The meeting normally takes place in person, although if schedules prevent the appellant's attendance, a video or telephone conference may be arranged. The meetings are open to the public. If the meeting results in new information or resolution of issues, the Responsible Official must tell the Appeal Deciding Officer the outcome of the meeting, which may include one of the following: if and how the parties agreed to resolve some or all of the issues (in which case appellants withdraw the appeal in whole or in part), if new information was received, if in new facts were put forth that require that the Responsible Official to revise the environmental analysis and reconsider the decision, or that the appeal was not resolved and therefore formal review of some or all of it must continue.
Decision
The Appeal Deciding Officer has 45 days following the conclusion of the 45-day appeal period to review the record and the Appeal Review Officer's recommendation and render a written decision that is the final disposition of the appeal. If the officer does not issue a decision within that 45-day period he must inform the appellant(s) in writing that he will not issue a decision. In that case the responsible official's original decision stands as the agency final action. The original decision on a project or activity is then subject to judicial review.
Notification
The Appeal Deciding Officer must give written notice of the decision to the Appeal Reviewing Officer, the applicant(s) or holder(s), and to any holder of a similar authorization who has requested notice of the decision. The notice must state the Appeal Deciding Officer's willingness to meet with the parties to discuss the decision.
Dismissal
An Appeal Deciding Officer can dismiss an appeal for several reasons including filing an appeal past the deadline, the requested relief or change cannot be granted under law, the appellant has appealed the same decision under part 251, the decision is not subject to appeal, or the individual (or organization) did not submit substantive comments during the comment period.