(a) The regulations of the Secretary of Agriculture governing the protection and administration of National Forest System lands and other programs of the Forest Service are set forth in Chapter 2 of Title 36 of the Code of Federal Regulations.
(b) Administrative policy, procedure, and guidance to Forest Service employees for the conduct of Forest Service activities are issued as directives, or through correspondence, by the office of the Chief of the Forest Service and by the field officers listed in § 200.2.
(1) Directives are issued through the Forest Service Directive System, which is comprised of the Forest Service Manual and related Forest Service Handbooks. The Directive System codifies the agency's policy, practice, and procedure affecting more than one unit and the delegations of continuing authority and assignment of continuing responsibilities; serves as the primary administrative basis for the internal management and control of all programs; and is the primary source of administrative direction to Forest Service employees.
(2) In contrast to direction issued through the Directive System, guidance issued to one or more organizational units through letters and memoranda relate to decisions or interpretations on specific activities, cases, or incidents or to other matters of agency business, especially those matters of short-term duration or immediate interest.
(c) Forest Service Directive System issuances are published under delegated authority as follows:
(1) The Forest Service Manual and Forest Service Handbook issuances to all Forest Service units are published by the Office of the Chief.
(2) Forest Service Manual and Forest Service Handbook issuances may be supplemented as needed for field office use by a Regional Forester, a Regional Special Agent in Charge of Law Enforcement and Investigations, a Research Station Director, the International Institute for Tropical Forestry Director, the Area Director, or a Forest Supervisor.
(d) Guidance issued through letters and memoranda must be issued in accordance with signing authorities delegated through issuances to the Forest Service Directive System.
(e) An alphabetical index of the contents of the Forest Service Manual and related Forest Service Handbooks is published in Forest Service Handbook 1109.12, Directive System Handbook. The index contains a listing of all Series, Titles, and Chapters in the Forest Service Manual and a listing of all Forest Service Handbooks in the Directive System.
(f) Forest Service Handbook 6209.11, Records Management Handbook, outlines and indexes the filing system for all correspondence and other records.
(g) Forms and reports used by the agency are listed in, and instructions for their use are issued throughout, the Forest Service Directive System and are collated in Forest Service Handbook 1309.14, Information Requirements Handbook.
[62 FR 33367, June 19, 1997, as amended at 74 FR 19143, Apr. 28, 2009]
Notes of Decisions
Hage v. United States, 51 Fed. Cl. 570 (Fed. Cl. 2002).
· cites it 2× “” 36 C.F.R. § 200.4 (b), (c)(1) (1995). The Manual and Handbook are not promulgated in accordance with the procedural requirements of the Administrative Procedure Act.”
Citizens for Better Forestry v. U.S. Dept. of Agric., 481 F. Supp. 2d 1059 (N.D. Cal. 2007).
“When a regional guide is withdrawn, the Regional Forester must identify the decisions in the regional guide that are to be transferred to a regional supplement of the Forest Service directive system (36 CFR 200.4) or to one or more plans and give notice in the Federal Register…”
Sierra Club v. Wagner, 581 F. Supp. 2d 246 (D.N.H. 2008).
· cites it 2× “” 36 C.F.R. § 200.4 (b), (c)(1) (1995). The Manual and Handbook are not promulgated in accordance with the procedural requirements of the Administrative Procedure Act.”
City of Williams v. Dombeck, 151 F. Supp. 2d 9 (D.D.C. 2001).
“Reply at 8 (citing 36 C.F.R. § 200.4 (b)). This description firmly supports the view that the FSM and FSH merely provide non-mandatory guidance to the Forest Service.”
W. Radio Servs. Co. v. Espy, 79 F.3d 896 (9th Cir. 1996).
· cites it 3× “” In addition to these regulations, the Office of the Chief, pursuant to 36 C.F.R. § 200.4 (1995), issued the Manual and Handbook.”
Tam v. United States, 905 F. Supp. 2d 1221 (W.D. Wash. 2012).
· cites it 2× “36 C.F.R. § 200.4 (b). These directives are issued through the Forest Service Directive System in the Forest Service Manual (“FSM”) and related handbooks.”
Wilderness Soc'y v. Tyrrel, 701 F. Supp. 1473 (E.D. Cal. 1988).
“36 C.F.R. § 200.4 (d)(1), (2). The applicable regional supplement to the Forest Service Manual specifically indicates that “forest supervisors shall prepare and approve an implementation plan for each river area included in the [National Wild & Scenic Rivers Act] by (a) Act of…”
Schmitz Ex Rel. Schmitz v. United States, 796 F. Supp. 263 (W.D. Mich. 1992).
“See Forest Service Manual of Directives established pursuant to 36 C.F.R. 200.4. Under the Forest Service Manual of Directives, the forest supervisor is to provide direction that can be used to establish road design criteria, to document design criteria and standards decisions…”
Am. Whitewater v. Tidwell, 959 F. Supp. 2d 839 (D.S.C. 2013).
“Even assuming the Forest Service’s non-compliance, said manuals and procedural guidelines do not have the independent force and effective of law and are not substantive in nature.”
Sierra Club v. United States Forest Serv., 535 F. Supp. 2d 1268 (N.D. Ga. 2008).
· cites it 2× “While NFMA regulations do recognize the Forest Service Manual as a source of directive authority to Forest Service employees, and do allow regional supplements to the Manual, 36 C.F.R. § 200.4 , the analysis of Plaintiffs’ NEPA claim necessarily involves consulting NEPA…”
Everett v. United States, 980 F. Supp. 490 (D.D.C. 1997).
“In addition, Pinkerton cited to the Manual, which has been issued pursuant to 36 C.F.R. § 200.4 , and thus he reasonably relied on the Code of Federal Regulations for determining whether plaintiff’s helicopter landings in the Sawtooth National Forest would be in the public…”
Keller Special Trust v. United States (D.S.D. 2017).
“In conformance with federal law and policy, the Black Hills National Forest developed and maintains a Forest Plan, which serves as a guide for resource management activities in the Black Hills National Forest.”
— 36 C.F.R. § 200.4(b)(1) — 1 case
Sierra Club v. United States Forest Serv., 535 F. Supp. 2d 1268 (N.D. Ga. 2008).
“While NFMA regulations do recognize the Forest Service Manual as a source of directive authority to Forest Service employees, and do allow regional supplements to the Manual, 36 C.F.R. § 200.4 , the analysis of Plaintiffs’ NEPA claim necessarily involves consulting NEPA…”
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