I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW 

2 PROCESS FOR FOREST SERVICE ACTIONS IM3 PLEMENTING LAND AND RESOURCE MAN4 AGEMENT PLANS. 

5 (a) REPLACEMENT OF CURRENT ADMINISTRATIVE

6 APPEALS PROCESS.—Section 322 of Public Law 102–381 

7 (16 U.S.C. 1612 note) is amended by striking subsections 

8 (c), (d), and (e) and inserting the following new sub9 sections: 

10 ‘‘(c) PRE-DECISIONAL ADMINISTRATIVE REVIEW

11 PROCESS FOR CERTAIN FOREST SERVICE ACTIONS.— 

12 ‘‘(1) ESTABLISHMENT AS SOLE MEANS FOR AD13 MINISTRATIVE REVIEW.—The Secretary shall estab14 lish by regulation a pre-decisional administrative re15 view process that will serve as the sole means by 

16 which a person can seek administrative review re17 garding proposed actions referred to in subsection 

18 (a). 

19 ‘‘(2) REVIEW PERIOD.—The pre-decisional ad20 ministrative review process for a proposed action re21 ferred to in subsection (a) shall occur during the pe22 riod— 

23 ‘‘(A) beginning after the completion of the 

24 environmental assessment or environmental im25 pact statement prepared for the action; and 


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1 ‘‘(B) ending not later than the date of the 

2 issuance of the final decision approving the ac3 tion. 

4 ‘‘(3) ELIGIBILITY.—To be eligible to participate 

5 in the pre-decisional administrative review process 

6 for a proposed action referred to in subsection (a), 

7 a person shall submit to the Secretary, during 

8 scoping or the public comment period for the draft 

9 environmental analysis for the action, specific writ10 ten comments that relate to the proposed action. 

11 ‘‘(4) NOTICE OF PROPOSED DECISION.—Fol12 lowing the conclusion of the pre-decisional adminis13 trative review process for a proposed action referred 

14 to in subsection (a), the Secretary shall provide no15 tice of, and distribute, the proposed decision along 

16 with the final environmental assessment or environ17 mental impact statement. 

18 ‘‘(d) EMERGENCY SITUATIONS.— 

19 ‘‘(1) EXEMPTION FROM PRE-DECISIONAL AD20 MINISTRATIVE REVIEW PROCESS.—Subject to para21 graphs (2) and (3), if the Chief of the Forest Serv22 ice determines that an emergency situation exists for 

23 which immediate implementation of a proposed ac24 tion referred to in subsection (a) is necessary, the 

25 proposed action shall not be subject the preVerDate Mar 15 2010 04:26 Jun 18, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2209.IH H2209

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1 decisional administrative review process in sub2 section (c). 

3 ‘‘(2) NOTICE; POST-DECISIONAL OBJECTION

4 PROCESS.—In the case of an action exempted under 

5 paragraph (1), the Forest Service shall— 

6 ‘‘(A) provide notice of the final decision for 

7 the proposed action; and 

8 ‘‘(B) provide for an expedited post9 decisional review process. 

10 ‘‘(3) IMPLEMENTATION.—The Forest Service 

11 may implement an action exempted under paragraph 

12 (1) immediately after notice is provided under para13 graph (2)(A) and continue such implementation dur14 ing the post-decisional administrative review process. 

15 ‘‘(e) EFFORTS TO EXPEDITE JUDICIAL REVIEW.— 

16 Subsections (b) and (c)(3) of section 106 of the Healthy 

17 Forests Restoration Act of 2003 (16 U.S.C. 6516) shall 

18 apply with respect to— 

19 ‘‘(1) the judicial review of an action challenging 

20 an action referred to in subsection (a); and 

21 ‘‘(2) any request for an injunction regarding 

22 such an action. 

23 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITIES.—This 

24 section does not apply to— 


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1 ‘‘(1) an authorized hazardous fuel reduction 

2 project under title I of the Healthy Forests Restora3 tion Act of 2003 (16 U.S.C. 6501 et seq.), which 

4 has its own special administrative review process 

5 under section 105 of such Act (16 U.S.C. 6515); 

6 and 

7 ‘‘(2) a proposed action referred to in subsection 

8 (a) for which a categorically exclusion is provided. 

9 ‘‘(g) SHORT TITLE.—This section may be cited as the 

10 ‘Forest Service Administrative Review Act’.’’. 

11 (b) TECHNICAL CORRECTIONS.—Section 322 of Pub12 lic Law 102–381 (16 U.S.C. 1612 note) is further amend13 ed— 

14 (1) in subsection (a), by striking ‘‘(16 U.S.C. 

15 1601 et seq.)’’ and inserting ‘‘(16 U.S.C. 1600 et 

16 seq.)’’; and 

17 (2) in subsection (b)— 

18 (A) by striking ‘‘Secretary’’ both places it 

19 appears and inserting ‘‘Forest Service’’; and 

20 (B) by striking the comma at the end of 

21 paragraph (1)(A). 

22 (c) EFFECTIVE DATE AND INTERIM PROCESS.— 

23 (1) EFFECTIVE DATE.—Subject to paragraph 

24 (3), the pre-decisional administrative review process 

25 required by subsection (c) of section 322 of Public 


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1 Law 102–381 (16 U.S.C. 1612 note), as added by 

2 subsection (a), shall take effect upon the issuance of 

3 final regulations by the Secretary of Agriculture es4 tablishing the process. 

5 (2) INTERIM PROCESS.—Pending issuance of 

6 the final regulations, the Secretary shall apply— 

7 (A) the regulations in part 215, title 36, 

8 Code of Federal Regulations that implement 

9 the notice and comment provisions in sub10 sections (a) and (b) of section 322 of Public 

11 Law 102–381; and 

12 (B) the regulations in part 218, title 36, 

13 Code of Federal Regulations, to provide the 

14 pre-decisional administrative review process 

15 under subsection (c) of section 322 of Public 

16 Law 102–381, except that subsection (c)(5) of 

17 such section shall apply to require notice and 

18 distribution of proposed decisions. 

19 (3) TRANSITION.—Upon issuance of the final 

20 regulations, the Secretary shall no longer apply the 

21 regulations in part 215, title 36, Code of Federal 

22 Regulations, that implement subsections (c), (d), 

23 and (e) of section 322 of Public Law 102–381, as 

24 in effect on the day before the date of enactment of 

25 this Act, except with respect to a decision which 


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1 was, or could have been, appealed under such part 

2 on the day before the date of the issuance of the 

3 final regulations. 

Æ 


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