C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 218—PROJECT-LEVEL PREDECISIONAL ADMINISTRATIVE REVIEW PROCESS › Subpart B—Provisions Specific to Project-Level Proposals Not Authorized Under Healthy Forests Restoration Act

36 C.F.R. § 218.22

Proposed projects and activities subject to legal notice and opportunity to comment

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The legal notice and opportunity to comment procedures of this subpart apply only to:

(a) Proposed projects and activities implementing land management plans for which an environmental assessment (EA) is prepared;

(b) Proposed projects and activities implementing land management plans for which a draft or supplemental environmental impact statement (EIS) is prepared and notice and comment procedures are governed by 40 CFR parts 1500 through 1508;

(c) Proposed amendments to a land management plan that are included as part of a proposed project or activity covered in paragraphs (a) or (b) of this section which are applicable only to that proposed project or activity;

(d) A proposed project or activity for which a supplemental or revised EA or EIS is prepared based on consideration of new information or changed circumstances; and

(e) Proposed research activities to be conducted on National Forest System land for which an EA or EIS is prepared.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2018–2023 · leading case: Earth Island Inst. v. Usfs, 87 F.4th 1054 (9th Cir. 2023).
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Earth Island Inst. v. Usfs, 87 F.4th 1054 (9th Cir. 2023). · cites it 5× “]” 36 C.F.R. §§ 218.22 (a), (d). We have not previously interpreted this regulation, but our discussion of public comments in California v.”
Native Ecosystems Council v. Erickson, 330 F. Supp. 3d 1218 (D. Mont. 2018). “36 C.F.R. §§ 218.22 , 218.24. Nor does the application of the categorical exclusion to the Project mean the public is shut out, as the 2014 Farm Bill requires "public notice and scoping for any project or action proposed in accordance with this section.”
Earth Island Inst. v. U.S. Forest Serv. (E.D. Cal. 2022). “See 14 36 C.F.R. § 218.22 (d) (new notice and comment period required for revised EA if the 15 revisions are prepared “based on consideration of new information or changed 16 circumstances”).”
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