§ 1612. — Public participation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1612]
TITLE 16--CONSERVATION
CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
SUBCHAPTER I--PLANNING
Sec. 1612. Public participation
(a) Adequate notice and opportunity to comment
In exercising his authorities under this subchapter and other laws
applicable to the Forest Service, the Secretary, by regulation, shall
establish procedures, including public hearings where appropriate, to
give the Federal, State, and local governments and the public adequate
notice and an opportunity to comment upon the formulation of standards,
criteria, and guidelines applicable to Forest Service programs.
(b) Advisory boards
In providing for public participation in the planning for and
management of the National Forest System, the Secretary, pursuant to the
Federal Advisory Committee Act (86 Stat. 770) and other applicable law,
shall establish and consult such advisory boards as he deems necessary
to secure full information and advice on the execution of his
responsibilities. The membership of such boards shall be representative
of a cross section of groups interested in the planning for and
management of the National Forest System and the various types of use
and enjoyment of the lands thereof.
(Pub. L. 93-378, Sec. 14, as added Pub. L. 94-588, Sec. 11, Oct. 22,
1976, 90 Stat. 2958.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (b), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other
official in Department of Agriculture under this subchapter to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see note set out under section 1601 of this title.
Forest Service Decisionmaking and Appeals Reform
Pub. L. 102-381, title III, Sec. 322, Oct. 5, 1992, 106 Stat. 1419,
provided that:
``(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 [1600] 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).''
