36 C.F.R. § 218.13

Secretary's authority

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(a) Nothing in this section shall restrict the Secretary of Agriculture from exercising any statutory authority regarding the protection, management, or administration of National Forest System lands.

(b) Projects and activities proposed by the Secretary of Agriculture or the Under Secretary, Natural Resources and Environment, are not subject to the procedures set forth in this part. Approval of projects and activities by the Secretary or Under Secretary constitutes the final administrative determination of the U.S. Department of Agriculture.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2011–2022 · leading case: Wild Virginia v. United States Forest Serv., 24 F.4th 915 (4th Cir. 2022).

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Wild Virginia v. United States Forest Serv., 24 F.4th 915 (4th Cir. 2022). · cites it 2× “” 36 C.F.R. § 218.13 (b). Therefore, the proposal was not subject to the 19 USCA4 Appeal: 21-1039 Doc: 89 Filed: 01/25/2022 Pg: 20 of 29 predecisional review process.”

Decker v. United States Forest Serv., 780 F. Supp. 2d 1170 (D. Colo. 2011). “36 C.F.R. § 218.13 . This objection process is the sole means the public may use to challenge such a project.”

Wild Virginia v. United States Forest Serv. (4th Cir. 2022). · cites it 2× “” 36 C.F.R. § 218.13 (b). Therefore, the proposal was not subject to the 19 predecisional review process.”

Wild Virginia v. United States Bureau of Land Mgmt. (4th Cir. 2022). · cites it 2× “” 36 C.F.R. § 218.13 (b). Therefore, the proposal was not subject to the 19 USCA4 Appeal: 21-1082 Doc: 85 Filed: 01/25/2022 Pg: 20 of 29 predecisional review process.”

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