[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.
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