36 C.F.R. § 218.2

Definitions

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The following definitions apply to this part:

Address. An individual's or organization's current physical mailing address. An email address alone is not sufficient.

Authorized hazardous fuel reduction project. A hazardous fuel reduction project authorized by the Healthy Forests Restoration Act of 2003 (HFRA).

Decision notice (DN). A concise written record of a responsible official's decision when an environmental assessment and a finding of no significant impact (FONSI) have been prepared (36 CFR 220.3). The draft decision notice made available pursuant to § 218.7(b) will include a draft FONSI unless an environmental impact statement is expected to be prepared.

Entity. For purposes of eligibility to file an objection (§ 218.5), an entity includes non-governmental organizations, businesses, partnerships, state and local governments, Alaska Native Corporations, and Indian Tribes.

Environmental assessment (EA). A concise public document for which a Federal agency is responsible that provides sufficient evidence and analysis for determining whether to prepare an environmental impact statement (EIS) or a finding of no significant impact (FONSI), aids an agency's compliance with the National Environmental Policy Act (NEPA) when no EIS is necessary, and facilitates preparation of a statement when one is necessary (40 CFR 1508.9(a)).

Environmental impact statement (EIS). A detailed written statement as required by Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 (40 CFR 1508.11).

Forest Service line officer. The Chief of the Forest Service or a Forest Service official who serves in the direct line of command from the Chief.

Lead objector. For an objection submitted with multiple individuals and/or entities listed, the individual or entity identified to represent all other objectors for the purposes of communication, written or otherwise, regarding the objection.

Name. The first and last name of an individual or the complete name of an entity. An electronic username is insufficient for identification of an individual or entity.

National Forest System land. All lands, waters, or interests therein administered by the Forest Service (36 CFR 251.51).

Newspaper(s) of record. Those principal newspapers of general circulation annually identified in a list and published in the Federal Register by each regional forester to be used for publishing notices of projects and activities implementing land management plans.

Objection. The written document filed with a reviewing officer by an individual or entity seeking predecisional administrative review of a proposed project or activity implementing a land management plan, including proposed HFRA-authorized hazardous fuel reduction projects, and documented with an environmental assessment or environmental impact statement.

Objection filing period. The period following publication of the legal notice in the newspaper of record of an environmental assessment and draft Decision Notice, or final environmental impact statement and draft Record of Decision, for a proposed project or activity during which an objection may be filed with the reviewing officer (§ 218.7(c)(2)(iii) and § 218.6(a) and (b)). When the Chief is the responsible official the objection period begins following publication of a notice in the Federal Register (§ 218.7(c)(2)(iii)). The objection filing period closes at 11:59 p.m. in the time zone of the receiving office on the last day of the filing period (§ 218.6(a)).

Objection process. The procedures established in this subpart for predecisional administrative review of proposed projects or activities implementing land management plans, including proposed HFRA-authorized hazardous fuel reduction projects.

Objector. An individual or entity filing an objection who submitted written comments specific to the proposed project or activity during scoping or other opportunity for public comment. The use of the term “objector” applies to all persons or entities who meet eligibility requirements associated with the filed objection (§ 218.5).

Record of decision (ROD). A document signed by a responsible official recording a decision that was preceded by preparation of an environmental impact statement (EIS) (see 40 CFR 1505.2).

Responsible official. The Agency employee who has the authority to make and implement a decision on a proposed action subject to this part.

Specific written comments. Written comments are those submitted to the responsible official or designee during a designated opportunity for public participation (§ 218.5(a)) provided for a proposed project. Written comments can include submission of transcriptions or other notes from oral statements or presentation. For the purposes of this rule, specific written comments should be within the scope of the proposed action, have a direct relationship to the proposed action, and must include supporting reasons for the responsible official to consider.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2005–2025 · leading case: Moss v. United States, 895 F.3d 1091 (8th Cir. 2018).
Moss v. United States, 895 F.3d 1091 (8th Cir. 2018). “See 36 C.F.R. § 218.2 . As part of that assessment, Watson put together a team including two "watershed specialists": Ken Luckow, a soil scientist, and Alan Clingenpeel, a hydrologist.”
North Cascades Conservation Council v. United States Forest Serv., 136 F.4th 816 (9th Cir. 2025). “36 C.F.R. §§ 218.2 , 218.5. The scope of those objections could include “new information that arose after the opportunities for comment.”
Allegheny Def. Proj., Inc. v. United States Forest Serv., 423 F.3d 215 (3rd Cir. 2005). “" 36 C.F.R. 218.2. 14 . NEPA requires that federal agencies prepare an EIS for "major Federal actions significantly affecting the quality of the human environment.”
Swan Moss, III v. United States (8th Cir. 2018). “See 36 C.F.R. § 218.2 . As part of that 1 The Honorable Susan O.”
All. for the Wild Rockies v. United States Forest Serv. (D. Idaho 2024). “Both make clear that Alliance is concerned about the impact the Project will have on species that depend on old growth. 3 Federal regulations define the “Lead Objector” as the party who “represent[s] all other objectors for the purposes of communication .”
The Allegheny Def. Proj., Inc. v. The United States Forest Serv., 423 F.3d 215 (3rd Cir. 2005). “" 36 C.F.R. 218.2 14 NEPA requires that federal agencies prepare an EIS for "major Federal actions significantly affecting the quality of the human environment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.