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USDA/FS RIN: 0596-AB45 Publication ID: Spring 2000 
Title: Appeal of Decisions Relating to Occupancy and Use of National Forest System Lands 
Abstract: These proposed regulations would redesignate these appeals rules as a new part 214, thus placing all appeals and notices and comment rules in close proximity. Additionally, this proposed rule would revise a number of existing provisions. For example, changes to part 251 would clarify the application of this rule to the issuance of permits for occupancy and use of National Forest System lands. When 36 CFR part 251, subpart C, regulations were promulgated in 1989, NEPA analysis and documentation was not consistently applied to the authorization of special uses. Now the authorization and the issuance of permits and other authorization requires application of the NEPA process prior to issuance. In addition, since these regulations were implemented, Congress has passed the Appeal Reform Act. The proposed changes to the permit related appeal rules are needed to make this regulation consistent with regulations at 36 CFR part 215. Among specific proposed changes being considered are removing the second level of appeal opportunity, removing the discretionary review option, shortening timeframes for scheduling oral presentations, and changes to conform terminology and definitions with 36 CFR part 215. 
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 251    36 CFR 214   
Legal Authority: 16 USC 472    16 USC 551   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/00/2000    
NPRM Comment Period End  09/00/2000    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Marian P. Connolly
Regulatory Officer
Department of Agriculture
Forest Service
MS 1134, ATTN: IRM, D&R, 1400 Independence Avenue SW,
Washington, DC 20250-1134
Phone:703 605-4533
Fax:703 605-5111
Email: mconnolly@fs.fed.us