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 success-
ful 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 proc-
ess 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW 
PROCESS FOR FOREST SERVICE ACTIONS IM-
PLEMENTING LAND AND RESOURCE MAN-
AGEMENT 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 sub-
sections: 
‘‘(c) PRE-DECISIONAL
ADMINISTRATIVE
REVIEW 
PROCESS FOR CERTAIN FOREST SERVICE ACTIONS.— 
‘‘(1) ESTABLISHMENT AS SOLE MEANS FOR AD-
MINISTRATIVE REVIEW.—The Secretary shall estab-
lish by regulation a pre-decisional administrative re-
view process that will serve as the sole means by 
which a person can seek administrative review re-
garding proposed actions referred to in subsection 
(a). 
‘‘(2) REVIEW PERIOD.—The pre-decisional ad-
ministrative review process for a proposed action re-
ferred to in subsection (a) shall occur during the pe-
riod— 
‘‘(A) beginning after the completion of the 
environmental assessment or environmental im-
pact statement prepared for the action; and 
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‘‘(B) ending not later than the date of the 
issuance of the final decision approving the ac-
tion. 
‘‘(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 writ-
ten comments that relate to the proposed action. 
‘‘(4) NOTICE
OF
PROPOSED
DECISION.—Fol-
lowing the conclusion of the pre-decisional adminis-
trative review process for a proposed action referred 
to in subsection (a), the Secretary shall provide no-
tice of, and distribute, the proposed decision along 
with the final environmental assessment or environ-
mental impact statement. 
‘‘(d) EMERGENCY SITUATIONS.— 
‘‘(1) EXEMPTION
FROM
PRE-DECISIONAL
AD-
MINISTRATIVE REVIEW PROCESS.—Subject to para-
graphs (2) and (3), if the Chief of the Forest Serv-
ice determines that an emergency situation exists for 
which immediate implementation of a proposed ac-
tion referred to in subsection (a) is necessary, the 
proposed action shall not be subject the pre- 
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decisional administrative review process in sub-
section (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 para-
graph (2)(A) and continue such implementation dur-
ing 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— 
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‘‘(1) an authorized hazardous fuel reduction 
project under title I of the Healthy Forests Restora-
tion 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 Pub-
lic Law 102–381 (16 U.S.C. 1612 note) is further amend-
ed— 
(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 
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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 es-
tablishing 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 sub-
sections (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 
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was, or could have been, appealed under such part 
on the day before the date of the issuance of the 
final regulations. 
Æ 
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