Forest Service Administrative Review Act - Directs the Secretary of Agriculture (USDA), through the Forest Service, to establish a pre-decisional administrative review process that will serve as the sole means by which persons can seek an administrative review regarding proposed actions of the Forest Service concerning projects and activities that implement land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974.
Sets forth requirements for the pre-decisional administrative review process concerning the occurrence of the review period, eligibility of a participant in the process, and notice of the proposed decision.
Exempts from such process an emergency situation that exists for which immediate implementation of a proposed action is necessary.
Applies certain judicial review provisions of the Healthy Forests Restoration Act of 2003 with respect to: (1) the judicial review of an action challenging a proposed action under this Act, and (2) any request for an injunction regarding such an action.
Makes this Act non-applicable to: (1) an authorized hazardous fuel reduction project under such Act that has its own special administrative review process, and (2) a proposed action under this Act for which a categorical exclusion is provided.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2209 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2209
To replace the current Forest Service administrative appeals process
with a pre-decisional administrative review process modeled after the
successful approach used in the Healthy Forests Restoration Act of
2003, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2011
Mr. Benishek introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To replace the current Forest Service administrative appeals process
with a pre-decisional administrative review process modeled after the
successful approach used in the Healthy Forests Restoration Act of
2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR FOREST
SERVICE ACTIONS IMPLEMENTING LAND AND RESOURCE MANAGEMENT
PLANS.
(a) Replacement of Current Administrative Appeals Process.--Section
322 of Public Law 102-381 (16 U.S.C. 1612 note) is amended by striking
subsections (c), (d), and (e) and inserting the following new
subsections:
``(c) Pre-Decisional Administrative Review Process for Certain
Forest Service Actions.--
``(1) Establishment as sole means for administrative
review.--The Secretary shall establish by regulation a pre-
decisional administrative review process that will serve as the
sole means by which a person can seek administrative review
regarding proposed actions referred to in subsection (a).
``(2) Review period.--The pre-decisional administrative
review process for a proposed action referred to in subsection
(a) shall occur during the period--
``(A) beginning after the completion of the
environmental assessment or environmental impact
statement prepared for the action; and
``(B) ending not later than the date of the
issuance of the final decision approving the action.
``(3) Eligibility.--To be eligible to participate in the
pre-decisional administrative review process for a proposed
action referred to in subsection (a), a person shall submit to
the Secretary, during scoping or the public comment period for
the draft environmental analysis for the action, specific
written comments that relate to the proposed action.
``(4) Notice of proposed decision.--Following the
conclusion of the pre-decisional administrative review process
for a proposed action referred to in subsection (a), the
Secretary shall provide notice of, and distribute, the proposed
decision along with the final environmental assessment or
environmental impact statement.
``(d) Emergency Situations.--
``(1) Exemption from pre-decisional administrative review
process.--Subject to paragraphs (2) and (3), if the Chief of
the Forest Service determines that an emergency situation
exists for which immediate implementation of a proposed action
referred to in subsection (a) is necessary, the proposed action
shall not be subject the pre-decisional administrative review
process in subsection (c).
``(2) Notice; post-decisional objection process.--In the
case of an action exempted under paragraph (1), the Forest
Service shall--
``(A) provide notice of the final decision for the
proposed action; and
``(B) provide for an expedited post-decisional
review process.
``(3) Implementation.--The Forest Service may implement an
action exempted under paragraph (1) immediately after notice is
provided under paragraph (2)(A) and continue such
implementation during the post-decisional administrative review
process.
``(e) Efforts To Expedite Judicial Review.--Subsections (b) and
(c)(3) of section 106 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6516) shall apply with respect to--
``(1) the judicial review of an action challenging an
action referred to in subsection (a); and
``(2) any request for an injunction regarding such an
action.
``(f) Relationship to Other Authorities.--This section does not
apply to--
``(1) an authorized hazardous fuel reduction project under
title I of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6501 et seq.), which has its own special administrative
review process under section 105 of such Act (16 U.S.C. 6515);
and
``(2) a proposed action referred to in subsection (a) for
which a categorically exclusion is provided.
``(g) Short Title.--This section may be cited as the `Forest
Service Administrative Review Act'.''.
(b) Technical Corrections.--Section 322 of Public Law 102-381 (16
U.S.C. 1612 note) is further amended--
(1) in subsection (a), by striking ``(16 U.S.C. 1601 et
seq.)'' and inserting ``(16 U.S.C. 1600 et seq.)''; and
(2) in subsection (b)--
(A) by striking ``Secretary'' both places it
appears and inserting ``Forest Service''; and
(B) by striking the comma at the end of paragraph
(1)(A).
(c) Effective Date and Interim Process.--
(1) Effective date.--Subject to paragraph (3), the pre-
decisional administrative review process required by subsection
(c) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note),
as added by subsection (a), shall take effect upon the issuance
of final regulations by the Secretary of Agriculture
establishing the process.
(2) Interim process.--Pending issuance of the final
regulations, the Secretary shall apply--
(A) the regulations in part 215, title 36, Code of
Federal Regulations that implement the notice and
comment provisions in subsections (a) and (b) of
section 322 of Public Law 102-381; and
(B) the regulations in part 218, title 36, Code of
Federal Regulations, to provide the pre-decisional
administrative review process under subsection (c) of
section 322 of Public Law 102-381, except that
subsection (c)(5) of such section shall apply to
require notice and distribution of proposed decisions.
(3) Transition.--Upon issuance of the final regulations,
the Secretary shall no longer apply the regulations in part
215, title 36, Code of Federal Regulations, that implement
subsections (c), (d), and (e) of section 322 of Public Law 102-
381, as in effect on the day before the date of enactment of
this Act, except with respect to a decision which was, or could
have been, appealed under such part on the day before the date
of the issuance of the final regulations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
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