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USDA/FS | RIN: 0596-AB45 | Publication ID: Fall 2009 |
Title: Appeal of Decisions Relating to Occupancy and Use of National Forest System Lands | |
Abstract: The Forest Service is publishing a proposed rule to revise the process by which certain parties can appeal decisions relating to authorizations for use and occupancy of National Forest System lands and resources. This proposed rule would create a new part 214 to replace regulations at 36 CFR part 251, subpart C. The Forest Service has a continuing commitment to review its regulations periodically, to identify specific problems in administering them, and to determine whether they meet agency and public needs. Experience with the procedures at 36 CFR part 251, subpart C, has shown that certain provisions in the rule consistently raise questions. Thus, the Agency has identified a need to amend the procedures at 36 CFR part 251, subpart C, to correct and clarify aspects of the part 251 appeals process and its relationship to the amended appeal rule at 36 CFR part 215. Among specific changes being proposed are acknowledgment that this is the appropriate part for appeal of decisions related to locatable mining operations; making terminology consistent with part 215; establishing time frames for intervening, scheduling oral presentations or requesting stays; clarifying that decisions to deny permits for noncommercial group use are not subject to appeal, but rather are immediately subject to judicial review; and making conforming technical revisions to 36 CFR parts 212, 215, 222, 228, 241, 251, 254, and 292. In addition, the proposed rule would move the provision about mediation of term grazing permit disputes to 36 CFR part 222. Their provisions, 36 CFR part 252.103, are more appropriately placed at 36 CFR part 222, which deals with Forest Service range management. | |
Agency: Department of Agriculture(USDA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 36 CFR 212 36 CFR 214 36 CFR 215 36 CFR 228 26 CFR 241 36 CFR 251 36 CFR 254 36 CFR 292 36 CFR 222 ... (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 16 USC 472 16 USC 551 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Lorrie Parker Regulatory Analyst Department of Agriculture Forest Service ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW, Washington, DC 20250-0003 Phone:202 205-6560 Fax:202 205-6539 Email: lsparker@fs.fed.us |