
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1612]

 
                         TITLE 16--CONSERVATION
 
      CHAPTER 36--FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
 
                         SUBCHAPTER I--PLANNING
 
Sec. 1612. Public participation


(a) Adequate notice and opportunity to comment

    In exercising his authorities under this subchapter and other laws 
applicable to the Forest Service, the Secretary, by regulation, shall 
establish procedures, including public hearings where appropriate, to 
give the Federal, State, and local governments and the public adequate 
notice and an opportunity to comment upon the formulation of standards, 
criteria, and guidelines applicable to Forest Service programs.

(b) Advisory boards

    In providing for public participation in the planning for and 
management of the National Forest System, the Secretary, pursuant to the 
Federal Advisory Committee Act (86 Stat. 770) and other applicable law, 
shall establish and consult such advisory boards as he deems necessary 
to secure full information and advice on the execution of his 
responsibilities. The membership of such boards shall be representative 
of a cross section of groups interested in the planning for and 
management of the National Forest System and the various types of use 
and enjoyment of the lands thereof.

(Pub. L. 93-378, Sec. 14, as added Pub. L. 94-588, Sec. 11, Oct. 22, 
1976, 90 Stat. 2958.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (b), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.

                          Transfer of Functions

    For transfer of certain enforcement functions of Secretary or other 
official in Department of Agriculture under this subchapter to Federal 
Inspector, Office of Federal Inspector for Alaska Natural Gas 
Transportation System, and subsequent transfer to Secretary of Energy, 
see note set out under section 1601 of this title.


            Forest Service Decisionmaking and Appeals Reform

    Pub. L. 102-381, title III, Sec. 322, Oct. 5, 1992, 106 Stat. 1419, 
provided that:
    ``(a) In General.--In accordance with this section, the Secretary of 
Agriculture, acting through the Chief of the Forest Service, shall 
establish a notice and comment process for proposed actions of the 
Forest Service concerning projects and activities implementing land and 
resource management plans developed under the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 [1600] et seq.) 
and shall modify the procedure for appeals of decisions concerning such 
projects.
    ``(b) Notice and Comment.--
        ``(1) Notice.--Prior to proposing an action referred to in 
    subsection (a), the Secretary shall give notice of the proposed 
    action, and the availability of the action for public comment by--
            ``(A) promptly mailing notice about the proposed action to 
        any person who has requested it in writing, and to persons who 
        are known to have participated in the decisionmaking process; 
        and,
            ``(B)(i) in the case of an action taken by the Chief of the 
        Forest Service, publishing notice of action in the Federal 
        Register; or
            ``(ii) in the case of any other action referred to in 
        subsection (a), publishing notice of the action in a newspaper 
        of general circulation that has previously been identified in 
        the Federal Register as the newspaper in which notice under this 
        paragraph may be published.
        ``(2) Comment.--The Secretary shall accept comments on the 
    proposed action within 30 days after publication of the notice in 
    accordance with paragraph (1).
    ``(c) Right to Appeal.--Not later than 45 days after the date of 
issuance of a decision of the Forest Service concerning actions referred 
to in subsection (a), a person who was involved in the public comment 
process under subsection (b) through submission of written or oral 
comments or by otherwise notifying the Forest Service of their interest 
in the proposed action may file an appeal.
    ``(d) Disposition of an Appeal.--
        ``(1) Informal disposition.--
            ``(A) In general.--Subject to subparagraph (B), a designated 
        employee of the Forest Service shall offer to meet with each 
        individual who files an appeal in accordance with subsection (c) 
        and attempt to dispose of the appeal.
            ``(B) Time and location of the meeting.--Each meeting in 
        accordance with subparagraph (A) shall take place--
                ``(i) not later than 15 days after the closing date for 
            filing an appeal; and
                ``(ii) at a location designated by the Chief of the 
            Forest Service that is in the vicinity of the lands affected 
            by the decision.
        ``(2) Formal review.--If the appeal is not disposed of in 
    accordance with paragraph (1), an appeals review officer designated 
    by the Chief of the Forest Service shall review the appeal and 
    recommend in writing, to the official responsible for deciding the 
    appeal, the appropriate disposition of the appeal. The official 
    responsible for deciding the appeal shall then decide the appeal. 
    The appeals review officer shall be a line officer at least at the 
    level of the agency official who made the initial decision on the 
    project or activity that is under appeal, who has not participated 
    in the initial decision and will not be responsible for 
    implementation of the initial decision after the appeal is decided.
        ``(3) Time for disposition.--Disposition of appeals under this 
    subsection shall be completed not later than 30 days after the 
    closing date for filing of an appeal, provided that the Forest 
    Service may extend the closing date by an additional 15 days.
        ``(4) If the Secretary fails to decide the appeal within the 45-
    day period, the decision on which the appeal is based shall be 
    deemed to be a final agency action for the purpose of chapter 7 of 
    title 5, United States Code.
    ``(e) Stay.--Unless the Chief of the Forest Service determines that 
an emergency situation exists with respect to a decision of the Forest 
Service, implementation of the decision shall be stayed during the 
period beginning on the date of the decision--
        ``(1) for 45 days, if an appeal is not filed, or
        ``(2) for an additional 15 days after the date of the 
    disposition of an appeal under this section, if the agency action is 
    deemed final under subsection (d)(4).''
