USDA Frest Service Prject-level Objectins Prcess 36 CFR Part 218, Prject-Level Pre-decisinal Administrative Review Prcess September, 2013 What is the bjectin prcess and what happened t the appeals prcess? Sectin 428 f the Cnslidated Apprpriatins Act, 2012 directed the Frest Service t establish a predecisinal bjectin prcess fr prjects and activities dcumented with a Decisin Ntice r Recrd f Decisin, instead f the pst-decisinal appeal prcess used since 1993. On March 27, 2013, a final rule revising 36 CFR Part 218 was published in the Federal Register and became effective upn that publicatin date. The final rule expands the use f the current pre-decisinal bjectin prcess prmulgated in 2004 fr hazardus fuel reductin prjects authrized under the Healthy Frests Restratin Act (HFRA) f 2003 t include ther prjects and activities implementing land and resurce management plans. T meet the statutry requirements f HFRA, the ntice and cmment requirements f the Appeal Refrm Act, and the directin f Sectin 428, the final rule establishes 3 subparts as fllws: Subpart A, General Prvisins applicable t all prpsed prjects subject t Part 218; Subpart B, Prvisins specific t prject-level prpsals nt authrized under the Healthy Frests Restratin Act; and Subpart C, Prvisins specific t prpsed prjects authrized under the Healthy Frests Restratin Act. One thing t keep in mind is that Sectin 428 is specific t prpsed prjects dcumented with a Recrd f Decisin r a Decisin Ntice. That means, at this time, prjects that are dcumented with a Decisin Mem and categrically excluded frm dcumentatin in an envirnmental impact statement and envirnmental assessment will remain subject t the ntice, cmment, and pst-decisinal appeal prcedures f 36 CFR 215. Will this be a better prcess? The Frest Service believes that cnsidering public cncerns befre a final decisin is made aligns with ur cllabrative apprach t frest management and increases the likelihd f reslving thse cncerns resulting in better, mre infrmed decisins. Engaging diverse perspectives and ptential cntributins f the American peple acrss the cuntry early and thrughut the planning prcess is 1
essential t 21st Century frest cnservatin management. Cllabratin is bringing divergent viewpints tgether t fster cnservatin designed by and accmplished in partnership with the American peple. Agency plicy encurages cllabratin arund prject planning between the respnsible fficial and interested publics. What sets the prject-level bjectin prcess apart frm the cllabrative effrts that precede it during prject planning, is the invlvement f the reviewing fficer in reviewing, helping t reslve, and therwise respnding t bjectin issues. Wh can bject? In rder t bject t a prpsed prject, yu must have previusly submitted timely, specific written cmments during the public cmment perids, unless yur bjectin cncerns an issue that arse after the pprtunities fr frmal cmment was ver. Fr purpses f eligibility t file an bjectin, an entity includes nn-gvernmental rganizatins, businesses, partnerships, state and lcal gvernments, Alaska Native Crpratins, and Indian Tribes. The use f the term Objectr applies t all persns r entities wh meet eligibility requirements assciated with the filed bjectin. As t what is cnsidered a specific written cmment, yur cmments, including transcribed ral statements, must be within the scpe f the prject and have a direct relatinship t the prpsed actin. Yur cmments n the prject must als include supprting reasns fr the respnsible fficial t cnsider. Attentin shuld be given t bjectins that list multiple names. When this situatin arises yu may find yurself the lead bjectr. It is imprtant t knw, hwever, that all individuals and/r entities must be able t prve eligibility. As a lead bjectr yu wuld be representing the ther bjectrs fr the purpses f cmmunicatin, written r therwise, regarding the bjectin. Wh am I filing an Objectin with? There are tw individuals wh are very imprtant t the bjectin prcess--the respnsible fficial and the reviewing fficer. The respnsible fficial is the Frest Service emplyee wh has the authrity t make and implement a decisin n a prpsed actin. The reviewing fficer is either the Department f Agriculture r Frest Service fficial having the delegated authrity and respnsibility t review an bjectin. The new bjectin prcess fsters active engagement f respnsible fficials with the public by reserving the reviewing fficer respnsibilities t a Frest Service line fficer at the next higher administrative level abve the respnsible fficial, while clarifying that Deputy Reginal Fresters and Deputy Frest Supervisrs culd serve as reviewing fficers as well. That means that if the prject yu are interested in is n yur lcal Ranger District and the District Ranger is the respnsible fficial, the Frest Supervisr r Deputy Frest Supervisr wuld be the reviewing fficer. If the Frest Supervisr is the respnsible fficial, the Reginal Frester r Deputy Reginal Frester wuld be the reviewing fficer. 2
When and hw d I file an Objectin? The bjectin perid begins with the publicatin f a legal ntice in the Newspaper f Recrd and the issuance f the Envirnmental Assessment r Final Envirnmental Impact Statement (FEIS) and the draft Decisin Ntice and finding f n significant impact r draft Recrd f Decisin (draft ROD). Ntice will als be psted n the applicable Frest Service s ffice web page r, if the Chief f the Frest Service is the respnsible fficial, in the Federal Register. It will be yur respnsibility as the bjectr t ensure yur bjectin is received n time. A letter r email stating that these dcuments are available will be sent ut t thse individuals and rganizatins wh have submitted specific written cmments n the prpsed prject. The dcuments will be available hard cpy, n DVD, r n ur web site. If yu wish t bject t a prpsed prject dcumented in an FEIS r EA and draft ROD r draft Decisin Ntice yu must d s in writing during the bjectin filing perid, which is 45 days fr nn-hfra prjects and 30 days fr HFRA prjects fllwing the publicatin date f the legal ntice in the Newspaper f Recrd. Tw things t bear in mind, there are n time extensins fr the bjectin filing perid and yur bjectin must be sent t the reviewing fficer. The address and cntact infrmatin, and different ways yu can send in yur bjectin are fund in the legal ntice and in the cver letter r email sent t the public. If the bjectin is sent via email, the bjectr will receive an email cnfirming receipt f the bjectin. If yu dn t receive an email verifying yur submittal, yu shuld alert the cntact designated in the ntice. The bjectin must cntain the fllwing infrmatin: The bjectr's name, address, and telephne number, if available; Signature r ther verificatin f authrship upn request (a scanned signature fr electrnic mail may be filed with the bjectin); Identificatin f the lead bjectr, when multiple names are listed n an bjectin. Verificatin f the identity f the lead bjectr if requested; The name f the prject being bjected t, and the name and title f the respnsible fficial and the name f the Natinal Frest(s) and/r ranger district n which the prject is lcated. A statement f the issues and/r the parts f prject t which the bjectin applies; A cncise statement explaining the bjectin and suggesting hw the prpsed plan decisin may be imprved. (Nte: This infrmatin is very imprtant because it will help t set the tne and agenda fr the meeting discussins.) If applicable, the bjectr shuld identify hw the bjectr believes that the plan revisin is incnsistent with law, regulatin, r plicy; and A statement that demnstrates the link between prir specific written cmment attributed t the bjectr and the cntent f the bjectin, unless the bjectin cncerns an issue that arse after the pprtunities fr frmal cmment. (Nte: The bjectin prcedure regulatins require this linkage fr issues raised in yur bjectin.) 3
It is imprtant t understand, at this stage, that the incrpratin f dcuments by reference is nt allwed except fr the fllwing: All r any part f a Federal law r regulatin Frest Service directives and land management plans Dcuments referenced by the Frest Service in the prpsed prject EA r EIS subject t bjectin Cmments that yu have already submitted n the prject Is there a chance my bjectin will be rejected? There are several ways yur bjectin might be set aside and nt cnsidered. The first is that yu missed the deadline! Be sure t submit yur bjectin befre the end f the bjectin perid. Remember, yu nly have 45 days fr nn-hfra prjects and 30 days fr HFRA prjects. The secnd is that the prject yu are interested in is nt subject t the bjectin prcess, such as any prjects being cnsidered under a categrical exclusin. Any ntices t the public will explain which prcess the prpsed prject falls under, s hpefully yu wn t run int this prblem. Anther ptential stumbling blck wuld be if yu didn t submit timely and specific written cmments regarding the prject during scping r anther designated pprtunity fr public cmment. There is an exceptin t this regarding issues that arse after the pprtunities fr cmment were ver. If this happened, yu must be able t link yur issues with the new infrmatin r yu risk having yur bjectin set aside because yu had nt cmmented during the prject and cannt prve the cnnectin between yur bjectin and the new infrmatin. T avid these prblems, be sure yur ther issues in yur bjectin are based n previusly submitted specific written cmment alng with a statement demnstrating the cnnectin between yur cmments and yur bjectin. And finally, please make sure yu prvide a legible bjectin, that yur identity is prvided, and yu supply enugh infrmatin fr the reviewing fficer t understand the issues. If nt, yu may find yur bjectin has been set aside. If yur bjectin is set aside, bth yu and the respnsible fficial will be ntified and given an explanatin n why this has happened. What happens t my bjectin, nce I send it in? Once the bjectin is received by the reviewing fficer it will be reviewed t determine if it cntains the necessary infrmatin and if the bjectr cmmented n the prpsed prject r activity. The reviewing fficer will cnfirm receipt f the bjectin, and accept, partially accept, r set aside the bjectin in writing. Fr nn-hfra prject, after the 45-day bjectin filing perid ends, a 45-day bjectin review perid will begin. The review perid may be extended up t 30 days at the discretin f the reviewing fficer. If there is a time extensin the reviewing fficer will ntify all parties. Fr HFRA prjects, after the 30- day bjectin filing perid ends, a 30-day bjectin review perid will begin with n extensin f the review perid. Prir t a written respnse by the reviewing fficer, the reviewing fficer r the bjectr may request t meet t discuss issues raised in yur bjectin and any ptential reslutin. The reviewing fficer has the discretin t determine whether adequate time remains in the review perid t make a meeting 4
with yu practical, the apprpriate date, duratin, agenda, and lcatin fr any meetings, and hw the meeting(s) will be cnducted t facilitate the beneficial dialgue, such as a face t face ffice meeting, prject site visit, telecnference, vide cnference, etc. Alng with the reviewing fficer, it is expected that the respnsible fficial will attend any reslutin meetings and while these meetings are nt required t be legally nticed, they are pen t the public. The reviewing fficer will, hwever, determine whether peple ther than bjectrs may actively participate. If there is mre than ne bjectin, the reviewing fficer may decide t hld a jint meeting with all bjectrs t help everyne understand each ther s issues. All parties will be ntified f the meeting time(s), lcatin(s), and any necessary cnferencing cntact infrmatin. At the end f the bjectin reviewing perid the reviewing fficer may cnslidate bjectins and issue ne respnse r may decide t issue a written respnse t each bjectin. The written respnse(s) will set frth the reasns fr the respnse, but is nt required t be a pint-by-pint respnse. It may cntain instructins t the respnsible fficial. The written respnse will be the final decisin by the U.S. Department f Agriculture n the bjectins. Once the reviewing fficer has issued the respnse t the bjectins, and the respnsible fficial has fllwed any instructins cntained in the written respnse, the respnsible fficial may sign the final ROD r Decisin Ntice and implement the prject. 5