Public Law 102-381

P.L. 102-381

H.R.5503
Department of the Interior and Related Agencies Appropriations Act, 1993
(Enrolled Bill (Sent to President))

SEC. 322. FOREST SERVICE DECISIONMAKING AND APPEALS
REFORM.
(a) IN GENERAL- In accordance with this section, the Secretary of Agriculture,
acting through the Chief of the Forest Service, shall establish a notice and
comment process for proposed actions of the Forest Service concerning projects
and activities implementing land and resource management plans developed
under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601 et seq.) and shall modify the procedure for appeals of decisions
concerning such projects.
(b) NOTICE AND COMMENT(1) NOTICE- Prior to proposing an action referred to in subsection (a), the
Secretary shall give notice of the proposed action, and the availability of
the action for public comment by-(A) promptly mailing notice about the proposed action to any
person who has requested it in writing, and to persons who are
known to have participated in the decisionmaking process; and,
(B)(i) in the case of an action taken by the Chief of the Forest
Service, publishing notice of action in the Federal Register; or
(ii) in the case of any other action referred to in subsection (a),
publishing notice of the action in a newspaper of general
circulation that has previously been identified in the Federal
Register as the newspaper in which notice under this paragraph
may be published.
(2) COMMENT- The Secretary shall accept comments on the proposed
action within 30 days after publication of the notice in accordance with
paragraph (1).
(c) RIGHT TO APPEAL- Not later than 45 days after the date of issuance of a
decision of the Forest Service concerning actions referred to in subsection (a), a
person who was involved in the public comment process under subsection (b)
through submission of written or oral comments or by otherwise notifying the
Forest Service of their interest in the proposed action may file an appeal.
(d) DISPOSITION OF AN APPEAL(1) INFORMAL DISPOSITION(A) IN GENERAL- Subject to subparagraph (B), a designated
employee of the Forest Service shall offer to meet with each
individual who files an appeal in accordance with subsection (c)
and attempt to dispose of the appeal.
(B) TIME AND LOCATION OF THE MEETING- Each meeting
in accordance with subparagraph (A) shall take place--

(i) not later than 15 days after the closing date for filing an
appeal; and
(ii) at a location designated by the Chief of the Forest
Service that is in the vicinity of the lands affected by the
decision.
(2) FORMAL REVIEW- If the appeal is not disposed of in accordance
with paragraph (1), an appeals review officer designated by the Chief of
the Forest Service shall review the appeal and recommend in writing, to
the official responsible for deciding the appeal, the appropriate disposition
of the appeal. The official responsible for deciding the appeal shall then
decide the appeal. The appeals review officer shall be a line officer at least
at the level of the agency official who made the initial decision on the
project or activity that is under appeal, who has not participated in the
initial decision and will not be responsible for implementation of the
initial decision after the appeal is decided.
(3) TIME FOR DISPOSITION- Disposition of appeals under this
subsection shall be completed not later than 30 days after the closing date
for filing of an appeal, provided that the Forest Service may extend the
closing date by an additional 15 days.
(4) If the Secretary fails to decide the appeal within the 45-day period, the
decision on which the appeal is based shall be deemed to be a final agency
action for the purpose of chapter 7 of title 5, United States Code.
(e) STAY- Unless the Chief of the Forest Service determines that an emergency
situation exists with respect to a decision of the Forest Service, implementation of
the decision shall be stayed during the period beginning on the date of the
decision-(1) for 45 days, if an appeal is not filed, or
(2) for an additional 15 days after the date of the disposition of an appeal
under this section, if the agency action is deemed final under subsection
(d)(4).