[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3884]


  Federal Register / Vol. 59, No. 37 / Thursday, February 24, 1994 /
  
[[Page Unknown]]

[Federal Register: February 24, 1994]


                                                    VOL. 59, NO. 37

                                        Thursday, February 24, 1994
=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Parts 1 and 2

Forest Service

36 CFR Part 223

 

Rules of Practice Governing the Adjudication of Sourcing Area 
Applications and Formal Review of Sourcing Areas Pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990

AGENCY: Office of the Secretary; Forest Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends 7 CFR parts 1 and 2 and 36 CFR part 223 by 
adding a new subpart M to 7 CFR part 1 establishing rules of practice 
governing the adjudication of sourcing area applications pursuant to 
the Forest Resources Conservation and Shortage Relief Act of 1990; by 
deleting, in 7 CFR part 2, the reference to the Forest Resources 
Conservation and Shortage Relief Act and adding, in its place, a 
reference to the rules of practice established by this rule; and by 
making technical amendments to 36 CFR part 223 to conform it to the 
rules of practice established by this rule.
    The Forest Resources Conservation and Shortage Relief Act of 1990 
(Act) prohibits the export of unprocessed Federal timber west of the 
100th meridian in the 48 contiguous states and the substitution of such 
unprocessed Federal timber for unprocessed private timber from the west 
that is exported. The Act allows a person with an approved sourcing 
area to export unprocessed private timber originating from outside of 
the sourcing area while purchasing Federal timber within the sourcing 
area. The Act states that the Secretary shall approve or disapprove 
sourcing areas on the record and after an opportunity for a hearing. 
Therefore, formal adjudication is required under the Administrative 
Procedure Act. The Act also requires that reviews of sourcing areas be 
conducted at least every 5 years in accordance with the procedures of 
the Act. Pursuant to section 556 of the Administrative Procedure Act, 
adjudications of sourcing area applications and formal reviews of 
sourcing areas will be subject to the rules of practice adopted by this 
rulemaking. Informal reviews of sourcing areas will be conducted in 
accordance with 36 CFR 223.191(e).

EFFECTIVE DATE: February 24, 1994.

FOR FURTHER INFORMATION CONTACT:
Elizabeth Becker, Natural Resources Division, Office of the General 
Counsel, United States Department of Agriculture, room 4622 South 
Building, 14th and Independence Avenue, SW., Washington, DC 20250-1400. 
Telephone: (202) 720-9076.

SUPPLEMENTARY INFORMATION: The Forest Resources Conservation and 
Shortage Relief Act (Act), enacted August 20, 1990, prohibits both the 
export of unprocessed Federal logs originating west of the 100th 
meridian in the contiguous 48 states and the substitution of such 
unprocessed Federal logs for unprocessed private logs originating west 
of the 100th meridian in the contiguous 48 states that are exported.
    The Act exempts persons with approved ``sourcing areas'' from the 
prohibition against substitution in certain circumstances. A sourcing 
area is the area from which an owner/manufacturer of logs obtains logs 
for his or her mill. To be approved, a sourcing area must be 
geographically and economically separate from any geographic area where 
the person harvests private timber for export. A person with an 
approved ``sourcing area'' may export unprocessed private logs whose 
origin is outside of the sourcing area, while continuing to purchase 
Federal logs within the sourcing area. Private logs originating from 
within the sourcing area may not be exported.
    Section 490(c) of the Act states that the Secretary is to approve 
or disapprove the application, ``on the record and after an opportunity 
for a hearing'' 4 months after submission of a sourcing area 
application. Section 554 of Title 5, United States Code requires a 
formal adjudicatory process when a statute requires a determination to 
be made ``on the record and after opportunity for an agency hearing.'' 
This rule amends 7 CFR part 1 by adding rules of practice governing 
sourcing area applications, pursuant to 5 U.S.C. 556. Specific rules 
governing sourcing area adjudications are necessary because of the 
short time in which the statute requires decisions to be made (4 
months), and the unique procedural posture of sourcing area 
applications; i.e., sourcing area applications are submitted by a party 
other than the agency, expect in certain cases, pursuant to a review of 
a sourcing area.
    This rule also amends 7 CFR 2.35 by deleting the words ``in 
sourcing area adjudications under the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.)'', and adding, in 
their place, the words ``in adjudication proceedings subject to the 
`Rules of Practice Governing the Adjudication of Sourcing Area 
Applications and Formal Review of Sourcing Areas Pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 
et seq.)' set forth in 7 CFR part 1, subpart M;''.
    Due to the amendments to 7 CFR parts 1 and 2, adopted by this rule, 
it is necessary in this rule, to make technical amendments to 36 CFR 
part 223 to conform it to the rules of practice, established by this 
rule, which govern the adjudication of sourcing area applications 
pursuant to the Act. This rule amends the rules governing initial 
sourcing applicants, published in an interim rule at 55 FR 48572 (Nov. 
20, 1990). Specifically to conform the procedures in the interim rule 
to this rule, for ongoing applications, 36 CFR 223.190 is amended as 
follows:
    1. Section 223.190(g) is revised to state that the application 
review process will be conducted pursuant to the Rules of Practice 
Governing the Adjudication of Sourcing Area Applications and Formal 
Review of Sourcing Areas Pursuant to the Forest Resources Conservation 
and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.), found at 7 
CFR part 1, subpart M.
    2. Section 223.190(h) (introductory text) and (h)(1)-(3) are 
removed.
    3. Section 223.190(h)(4) is redesignated as 36 CFR 223.190(h) and 
is revised to state that a final decision will be issued within four 
(4) months of receipt of the sourcing area application or initiation 
date of the formal review of the sourcing area.
    4. Section 223.190(h)(5) is redesignated as 36 CFR 223.190(i), and 
36 CFR 223.190(h)(5)(i)-(iv) are redesignated as 36 CFR 223.190(i), 
(1)-(4).
    5. Newly redesignated 36 CFR 223.190(i)(1) is amended by deleting 
the words ``approving official'' and adding, in their place, the words 
``the Administrative Law Judge, or, on appeal, the Judicial Officer.''
    This rule also makes technical amendments to 36 CFR 223.191(e) to 
conform the sourcing area review procedures to the rules of practice 
adopted in this rule (36 CFR 223.191 was published in a final 
rulemaking at 56 FR 65834, December 19, 1991). Specifically, this rule 
removes from 36 CFR 223.191(e) the words ``deciding official'' and 
adds, in their place, the words ``the Administrative Law Judge, or, on 
appeal, the Judicial Officer.'' This rule also amends the following 
sentence in paragraph (e), ``The deciding official shall, on the record 
and after opportunity for a hearing, approve or disapprove the sourcing 
area being reviewed'' by adding to the end of the sentence the words 
``pursuant to the Rules of Practice Governing the Adjudication of 
Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant 
to the Forest Resources Conservation and Shortage Relief Act of 1990 
(16 U.S.C. 620 et seq.), found at 7 CFR part 1, subpart M;''.

Environmental Impact

    This rulemaking consists primarily of technical and administrative 
changes related to the rules of practice governing the adjudication of 
sourcing area applications pursuant to the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.). 
No extraordinary circumstances have been identified that might cause 
this proposed action to have a significant effect on the human 
environment. Therefore, this rulemaking is categorically excluded from 
documentation in an Environmental Impact Statement or an Environmental 
Assessment (40 CFR 1508.4; Forest Service Handbook 1909.15, 
Environmental Policy and Procedures, Sec. 31.1b(2), 57 FR 43208, 
September 18, 1992).

Paperwork Reduction Act

    This action contains no new or additional recordkeeping and 
reporting requirements, and contains no collections of information as 
defined in the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. and its 
implementing regulations at 5 CFR part 1320. Therefore, the Paperwork 
Reduction Act and its implementing regulations do not apply to this 
rulemaking.

Regulatory Impact

    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice and opportunity for comment are not 
required, and this rule may be made effective less than 30 days after 
publication in the Federal Register. Further, since this rule relates 
to internal agency management, it is exempt from the provisions of 
Executive Order 12866. Finally, this action is not a rule as defined in 
Public Law No. 96-354, the Regulatory Flexibility Act, and thus is 
exempt from the provisions of that Act.
    This rule has been reviewed in accordance with the principles and 
criteria contained in Executive Order 12630 and it has been determined 
that the rule does not pose the risk of a taking of constitutionally 
protected private property.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. Under this rule: (1) All state and local laws and 
regulations that are in conflict with this rule or which could impede 
its full implementation will be preempted;
    (2) No retroactive effect will be given to this rule; and
    (3) No administrative proceedings are required before parties may 
file suit in court challenging its provisions.

List of Subjects

7 CFR Part 1

    Office of the Secretary of Agriculture, Administrative practice and 
procedure.

7 CFR Part 2

    Delegations of authority (government agencies).

36 CFR Part 223

    Exports, Government contracts, National Forests, Reporting 
requirements, Timber sales.
    Therefore, for the reasons set forth in the preamble, parts 1 and 2 
of title 7 and part 223 of Title 36 of the Code of Federal Regulations 
are amended as set forth below.

Title 7

PART 1--ADMINISTRATIVE REGULATIONS

    1. The authority citation of part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, unless otherwise noted.

    2. Amend part 1 by adding a new subpart M to read as follows:
Subpart M--Rules of Practice Governing Adjudication of Sourcing Area 
Applications and Formal Review of Sourcing Areas Pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq.)
Sec.
1.410 Meaning of words.
1.411 Definitions.
1.412 Institution of proceedings.
1.413 Submission of a sourcing area application.
1.414 Docket number.
1.415 Notification of proceedings.
1.416 Comment period.
1.417 Review period.
1.418 Procedure upon no request for hearing.
1.419 Amendment of a sourcing area application.
1.420 Consent recommendation.
1.421 Prehearing conferences and procedures.
1.422 Conduct of the hearing.
1.423 Post-hearing procedure.
1.424 Motions and requests.
1.425 Judges.
1.426 Appeal to Judicial Officer.
1.427 Filing; Identification of parties of record; service and 
computation of time.
1.428 Depositions.
1.429 Ex parte communications.

Subpart M--Rules of Practice Governing Adjudication of Sourcing 
Area Applications and Formal Review of Sourcing Areas Pursuant to 
the Forest Resources Conservation and Shortage Relief Act of 1990 
(16 U.S.C. 620, et seq.)

    Authority: 5 U.S.C. 556 and 16 U.S.C. 620, et seq.


Sec. 1.410  Meaning of words.

    As used in these procedures, words in the singular form shall be 
deemed to import the plural, and vice versa, as the circumstance may 
require.


Sec. 1.411  Definitions.

    As used in these procedures, the terms as defined in the Forest 
Resources Conservation and Shortage Relief Act of 1990, 16 U.S.C. 620, 
et seq. (Act) and in the regulations issued thereunder, shall apply 
with equal force and effect. In addition and except as may be provided 
otherwise in these procedures:
    (a) Applicant or Sourcing area applicant means a person who submits 
a sourcing area application pursuant to these rules, or a person who 
sourcing area is subject to formal review pursuant to 36 CFR 
223.191(e).
    (b) Decision'' means:
    (1) The Judge's initial decision made in accordance with the 
provisions of 5 U.S.C. 554, 556, 557, and 16 U.S.C. 620, et seq. and 36 
CFR 223.190 and 223.191(e), which includes the Judge's findings and 
conclusions and the reasons or basis therefore on all material issues 
of fact, law or discretion, orders and rulings on proposed findings, 
conclusions and orders submitted by the parties; and
    (2) The decision and order by the Judicial officer upon appeal of 
the Judge's decision.
    (c) Determination is synonymous with decision.
    (d) Hearing means that part of the proceeding which may be 
requested by a party of record, and which involves the submission of 
additional evidence before the Administrative Law Judge for the record 
in the proceeding.
    (e) Hearing Clerk means the Office of the Hearing Clerk, United 
States Department of Agriculture, Washington, D.C. 20250.
    (f) Judge means any Administrative Law Judge Appointed pursuant to 
5 U.S.C. 3105 and assigned to the proceeding involved.
    (g) Judicial Officer means an official of the United States 
Department of Agriculture delegated authority by the Secretary of 
Agriculture, pursuant to the Act of April 4, 1940 (7 U.S.C. 450c-459g) 
and Reorganization Plan No. 2 of 1953 (5 U.S.C. 1988 ed., appendix, p. 
1280), to perform the function involved (7 CFR 235(a)), or the 
Secretary of Agriculture, if the authority so delegated is exercised by 
the Secretary.
    (h) Party of record or Party is a party to the proceeding to 
determine approval or disapproval of a sourcing area application, 
including the proceeding for formal review of a sourcing area. The 
sourcing area applicant and persons who submit written comments on the 
sourcing area application at issue during the 30 calendar day comment 
period, including the Regional Forester, are the parties of record. For 
purposes of a formal review of a sourcing area, the holder of the 
sourcing area that is the subject of the review and persons who submit 
written comments on the sourcing area application at issue during the 
30 calendar day comment period after institution of the formal review, 
including the Regional Forester, are the parties of record.
    (i) Sourcing Area Application means the application by which a 
person applies for a sourcing area or the application by which a 
sourcing area holder applies for a formal review of a sourcing area.


Sec. 1.412  Institution of proceedings.

    (a) Sourcing area applications. The proceeding for determining 
sourcing areas shall be instituted by receipt of a sourcing area 
application by the Office of Administrative Law Judges, pursuant to 36 
CFR 223.190.
    (b) Review of sourcing areas. Informal review of a sourcing area 
precedes institution of a formal review as follows:
    (1) Request by Sourcing area holder. A sourcing area holder who 
wishes to begin a review of a sourcing area shall send a written 
request for a review to the Regional Forester of the region in which 
the manufacturing facility being sourced is located. The request shall 
state the reason for the request.
     (i) Informal review. The Regional Forester shall begin an informal 
review, pursuant to 36 CFR 223.191(e), based on the written request. If 
no agreement is reached in the informal review process, the Regional 
Forester of the region in which the manufacturing facility being 
sourced is located shall transmit to the Office of Administrative Law 
Judges any submissions received during the informal review process, 
within 5 working days of the meeting convened during the informal 
review (36 CFR 223.191)e)). Agreement is reached when all persons 
attending the meeting convened by the Regional Forester to resolve 
differences as to the proper sourcing area, including the Regional 
Forester, sign the document describing the sourcing area.
    (ii) Formal review. Institution by a sourcing area holder of a 
formal review of the sourcing area occurs if the informal review 
process does not result in agreement among the parties, and the 
sourcing area holder submits a sourcing area application to the Office 
of the Administrative Law Judges, pursuant to 36 CFR 223.190, within 10 
working days after the meeting convened by the Regional Forester as 
part of the informal process.
    (2) Initiation of Review By Agency. If the Forest Service wishes to 
begin a review of a sourcing area, the Regional Forester of the region 
in which the manufacturing facility being sourced is located shall 
begin an informal review, pursuant to 36 CFR 223.191(e). If no 
agreement is reached in the informal review process, the Regional 
Forester of the region in which the manufacturing facility being 
sourced is located shall transmit to the Office of Administrative Law 
Judges any submissions received during the informal review process, 
within 5 working days of the meeting convened during the informal 
review (36 CFR 223.191(e)). Agreement is reached when all persons 
attending the meeting convened by the Regional Forester to resolve 
differences as to the proper sourcing area, including the Regional 
Forester, sign the document describing the sourcing area. Institution 
by the Forest Service of a formal review of a sourcing area occurs when 
the Office of Administrative Law Judges receives the papers and 
documents submitted during the informal review process.


Sec. 1.413  Submission of a sourcing area application.

    A sourcing area applicant shall send the application to the Office 
of Administrative Law Judges and shall, simultaneously, send a copy of 
the sourcing area application to the Forest Service Regional Forester 
of the region in which the manufacturing facility being sourced is 
located. Where the sourcing area application will cover purchases from 
more than one agency, application is to be made to the agency from 
which the applicant expects to purchase the preponderance of its 
Federal timber. The sourcing area applicant must also send a complete 
copy of the application to each agency concerned. The lead agency shall 
make the decision in consultation with, and upon co-signature of, the 
other agency(ies) concerned. Sourcing area applications must be signed 
by the persons making the request, or in the case of a corporation, by 
its chief executive officer, and must be notarized. The application 
shall be on company letterhead.


Sec. 1.414  Docket number.

    Each proceeding, following its institution, shall be assigned a 
docket number by the Hearing Clerk, and thereafter the proceeding shall 
be referred to by such number. The Hearing Clerk shall notify the 
sourcing area applicant and the Regional Forester to whom the applicant 
submitted a copy of the application of the docket number and the name 
of the Judge to whom the case has been assigned. In a formal review of 
a sourcing area instituted by the Forest Service, the Hearing Clerk 
shall inform the sourcing area holder whose sourcing area is subject to 
the review and the Regional Forester who submitted the comments 
instituting the formal review of the docket number and the name of the 
Judge to whom the case has been assigned.


Sec. 1.415  Notification of proceedings.

    The Regional Forester of the region in which the manufacturing 
facility being sourced is located shall notify prospective parties of 
the sourcing area application and/or the formal review of a sourcing 
area after receipt of the docket number and the name of the Judge to 
whom the proceeding has been assigned, pursuant to Sec. 1.414 of these 
rules. Notification will consist of publication of a notice in 
newspapers of general circulation in the area included in the sourcing 
area application. The Regional Forester shall promptly notify the 
Hearing Clerk of the date of the publication and the notice. Additional 
notification will be made through agency mailing lists. Notification 
shall include the docket number, the name of the Judge to whom the case 
has been assigned and the mailing address of the Judge. In the case of 
a sourcing area review, notification will also state the reason for the 
review.


Sec. 1.416  Comment period.

    Written comments on a sourcing area application or on a formal 
review of a sourcing area shall include the docket number and may be 
submitted to the Judge for 30 calendar days following publication of 
the notice. Persons submitting comments shall send a copy of the 
comments to the Regional Forester of the region in which the 
manufacturing facility being sourced is located. All comments must be 
received by the Judge and by the Regional Forester by the 30th day of 
the comment period.


Sec. 1.417  Review period.

    (a) Review of comments. The sourcing area applicant, the sourcing 
area holder whose sourcing area is the subject of a formal review and 
other parties who submitted written comments will be allowed 10 working 
days from the close of the comment period to review the written 
comments at the Regional Forester's office during regular business 
hours.
    (b) Recommendation to Judge to approve or disapprove a sourcing 
area application. During the 10 working day review period, parties who 
have submitted written comments on an application or on a formal review 
of a sourcing area may submit a written recommendation to the Judge, 
including an analysis of the facts and law as to why the Judge should 
approve or disapprove that application. A sourcing area applicant whose 
sourcing area application is the subject of the proceeding, and a 
sourcing area holder whose sourcing area is the subject of a formal 
review, may also submit a written recommendation to the Judge. The 
recommendation must be postmarked no later than the 10th working day of 
the review period.
    (c) Request for a hearing. The sourcing area applicant, the 
sourcing area holder whose sourcing area is the subject of a formal 
review and persons who submitted written comments, or the attorney of 
record for a party in the proceeding, may review the comments and 
request a hearing within 10 working days after the comment period, 
pursuant to 36 CFR 233.190(h)(2). The request must be postmarked no 
later than the 10th working day of the review period. An attorney may 
file an appearance of record prior to the scheduled hearing. The 
request for a hearing shall be filed with the Judge. The hearing is for 
the purpose of supplementing the written record submitted prior to the 
hearing. The written record submitted prior to the hearing consists of 
papers and documents submitted during the 30 calendar day comment 
period, the 10 working day review period, and any motions submitted 
before the hearing. For purposes of a formal review of a sourcing area, 
the written record also consists of the papers and documents submitted 
during the informal review.
    (1) Contents of the notice of hearing. The Judge shall issue a 
notice of hearing regarding a particular sourcing area application or 
regarding formal review of a sourcing area application or regarding 
formal review of a sourcing area to all parties of record for that 
application or formal review. The notice of hearing shall contain a 
reference to the authority under which the sourcing area is proposed or 
formally reviewed; shall define the scope of the hearing; shall contain 
a reference to the sourcing area that is the subject of the hearing; 
and shall state the date, time and place of such hearing; and shall 
state the date, time and place of such hearing; which shall be set with 
due regard for the necessity and convenience of the parties of record 
or their representatives. The Judge shall schedule a hearing no later 
than 21 calendar days after the 10 working day period for reviewing 
written comments ends. The Judge may consolidate requests for a hearing 
regarding the same application.
    (2) Giving notice of hearing. The notice of hearing shall be served 
upon the parties of record for the sourcing area application at issue 
by the Hearing Clerk.


Sec. 1.418  Procedure upon no request for hearing.

    If no hearing is requested by a party of record, the Judge shall 
issue an initial decision based on the written record and without 
further procedure or hearing. If no hearing is requested, the written 
record consists of papers and documents submitted during the 30-day 
comment period, the 10-day review period, and includes motions 
submitted before the Judge issues an initial decision. For purposes of 
a formal review of a sourcing area, the written record also consists of 
the papers and documents submitted during the informal review. Copies 
of the decision shall be served by the Hearing Clerk upon each of the 
parties of record.


Sec. 1.419  Amendment of a sourcing area application.

    The sourcing area applicant may move to amend the sourcing area 
application with clarifying and technical amendments at any time prior 
to the Judge's initial determination if there is no hearing, or prior 
to the close of the hearing if there is a hearing.


Sec. 1.420  Consent recommendation.

    Any time before the Judge files the decision, the parties of record 
may enter a consent recommendation. Such consent recommendation shall 
be filed with the Hearing Clerk, signed by the parties with appropriate 
space for signature by the Judge. The consent recommendation shall 
contain an admission of the jurisdictional facts, the factual and legal 
basis for the recommended sourcing area, the consent to the issuance of 
the recommended decision as the final decision of the agency without 
further procedure and such other admissions or statements as may be 
recommended by the parties. The Judge shall review the recommendation 
to determine whether such recommendation conforms with the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq.), 36 CFR 223.190, 36 CFR 223.191(e) and these procedures. If 
the recommendation conforms to the aforementioned Act, regulations, and 
procedures, the Judge may enter such decision without further 
procedure, unless an error is apparent on the face of the document. If 
the Judge enters the decision, such decision shall have the same force 
and effect as a decision issued after full hearing and shall become 
final upon issuance to become effective in accordance with the terms of 
the decision.


Sec. 1.421  Prehearing conferences and procedures.

    (a) Purpose and Scope. (1) Upon motion of a party of record or upon 
the Judge's own motion, the Judge may direct the parties or their 
counsel to attend a conference at any reasonable time, prior to or 
during the course of the hearing, when the Judge finds that the 
proceeding would be expedited by a prehearing conference. Reasonable 
notice of the time and place of the conference shall be given. The 
Judge may order each of the parties to furnish at or subsequent to the 
conference any or all of the following:

    (i) An outline of a party's position;
    (ii) The facts upon which the party will rely;
    (iii) The legal theories upon which the party will rely;
    (iv) Copies of or a list of documents which the party 
anticipates introducing at the hearing; and
    (v) A list of anticipated witnesses who will testify on behalf 
of the party. At the discretion of the party furnishing such list of 
witnesses, the names of the witnesses need not be furnished if they 
are otherwise identified in some meaningful way such as a short 
statement of the type of evidence they will offer.
    (2) The Judge shall not order any of the foregoing procedures 
that a party can show is inappropriate or unwarranted under the 
circumstances of the particular determination.
    (3) At the conference, the following matters shall be 
considered:
    (i) The simplification of issues;
    (ii) The possibility of obtaining stipulations of facts and of 
the authenticity, accuracy, and admissibility of documents, which 
will avoid unnecessary proof;
    (iii) The limitation of the number of expert or other witnesses;
    (iv) Negotiation, compromise, or settlement of issues;
    (v) The exchange of copies of proposed exhibits;
    (vi) The identification of documents or matters of which 
official notice may be requested;
    (vii) A schedule to be followed by the parties for completion of 
the actions decided at the conference; and
    (viii) Such other matters as may expedite and aid in the 
disposition of the proceeding.
    (b) Reporting. A prehearing conference will not be 
stenographically reported unless so directed by the Judge.
    (c) Action in lieu of personal attendance at a conference. In 
the event the Judge concludes that personal attendance by the Judge 
and the parties or counsel at a prehearing conference is unwarranted 
or impracticable, but determines that a conference would expedite 
the proceeding, the Judge may conduct such conference by telephone 
or correspondence.
    (d) Order. Actions taken as a result of a conference shall be 
reduced to an appropriate written order, unless the Judge concludes 
that a stenographic report shall suffice, or if the Judge elects to 
make a statement on the record at the hearing summarizing the 
actions taken.


Sec. 1.422  Conduct of the Hearing.

    (a) Time and place. The hearing shall be held at the time and place 
fixed in the notice of hearing. If any change in the time or place of 
the hearing is made, the Judge shall file with the Hearing Clerk a 
notice of such change, which notice shall be served upon the parties, 
unless it is made during the course of an oral script, or actual notice 
is given to the parties.
    (b) Appearances. The parties may appear in person or by attorney of 
record in the proceeding. Any party who desires to be heard in person 
shall, before proceeding to testify, state his name, address, and 
occupation. If any such person is appearing through counsel, such 
person or such counsel shall, before proceeding to testify or otherwise 
to participate in the hearing, state for the record the authority to 
act as such counsel or representative, and the names, addresses, and 
occupations of such person and such counsel. Any such person or such 
counsel shall give such other information respecting his appearance as 
the Judge may request. Any person who appears as counsel must conform 
to the standards of ethical conduct required of practitioners before 
the courts of the United States.
    (c) Failure to appear. A party of record who, after being duly 
notified, fails to appear at the hearing without good cause, shall be 
deemed to have waived the right to an oral hearing in the proceeding. 
Failure to appear at a hearing shall not be deemed to be a waiver of 
the right to be served with a copy of the Judge's decision.
    (d) Order of proceeding. The Judge shall determine the order in 
which the parties shall proceed.
    (e) Evidence--(1) In general. (i) The testimony of witnesses at a 
hearing shall be on oath or affirmation and shall be subject to cross-
examination. Cross-examination shall be permitted to the extent 
required for a full and true disclosure of the facts. The Judge may 
require that testimony on one issue raised by numerous parties be heard 
at one time.
    (ii) Upon a finding of good cause, the Judge may order that any 
witness be examined separately and apart from all other witnesses 
except those who may be parties to the proceeding.
    (iii) After a witness has testified on direct examination, any 
other party may request and obtain the production of any statement, or 
part thereof, of such witness in the possession of the party who called 
the witness, which relates to the subject matter as to which the 
witness has testified. Such production shall be made according to the 
procedures and subject to the definitions and limitations prescribed in 
the Jencks Act (18 U.S.C. 3500).
    (iv) Evidence which is immaterial, or unduly repetitious, or which 
is not of the sort upon which responsible persons are accustomed to 
rely, shall be excluded insofar as practicable.
    (2) Objections. (i) If a party objects to the admission of any 
evidence or to the limitation of the scope of any examination or cross-
examination or to any other ruling of the Judge, the party shall state 
briefly the grounds of such objection, whereupon an automatic exception 
will follow if the objection is overruled by the Judge.
    (ii) Only objections made before the Judge may subsequently be 
relied upon in the proceeding.
    (3) Depositions. The deposition of any witness shall be admitted in 
the manner provided in and subject to the provisions of Sec. 1.228 of 
these procedures.
    (4) Exhibits. Unless the Judge finds that the furnishing of copies 
is impracticable, two copies of each exhibit shall be filed with the 
Judge. The party submitting the exhibit shall serve on every other 
party of record a copy of the exhibit, pursuant to Sec. 1.427(c) of 
these procedures. A true copy of an exhibit may be substituted for the 
original.
    (5) Official records or documents. An official government record or 
document or entry therein, if admissible for any purpose, shall be 
admissible in evidence without the production of the person who made or 
prepared the same, and shall be prima facie evidence of the relevant 
facts stated therein. Such record or document shall be evidenced by an 
official publication thereof or a copy certified by a person having 
legal authority to make such certification.
    (6) Official notice. Official notice shall be taken of such matters 
as are judicially noted by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of 
established character: Provided, That the parties shall be given 
adequate notice of matters so noticed, and shall be given adequate 
opportunity to show that such facts are erroneously noticed.
    (7) Offer of proof. Whenever evidence is excluded by the Judge, the 
party offering such evidence may make an offer of proof, which shall be 
included in the transcript. The offer of proof shall consist of a brief 
statement describing the evidence excluded. If the evidence consists of 
a brief oral statement, it shall be included in the transcript in toto. 
If the evidence consists of an exhibit, it shall be marked for 
identification and inserted in the hearing record.
    (f) Transcript. Hearings shall be recorded and transcribed 
verbatim. Transcripts thereof shall be made available to any person, at 
actual cost of duplication (5 U.S.C. App. 2, section 11).


Sec. 1.423  Post-hearing procedure.

    (a) Corrections to transcript. (1) Within the period of time fixed 
by the Judge, any party may file a motion proposing corrections to the 
transcript.
    (2) Unless a party files such motion in the manner prescribed, the 
transcript shall be presumed, except for obvious typographical errors, 
to be complete.
    (3) As soon as practicable after the close of the hearing and after 
consideration of any timely objections filed as to the transcript, the 
Judge shall issue an order making any corrections to the transcript 
which the Judge finds are warranted, which corrections shall be entered 
onto the original transcript by the Hearing Clerk (without obscuring 
the origianl text).
    (b) Proposed findings of fact, conclusions, order, and brief. Prior 
to the close of the hearing, each party may submit for consideration 
proposed findings of fact, conclusions, order, and brief in support 
thereof. A copy of each such document filed by a party shall be served 
upon each of the other parties.
    (c) Judge's decision. (1) The Judge may, upon motion of any party 
or in his or her own discretion, issue a decision orally at the close 
of the hearing, or within 10 calendar days after the close of the 
hearing, or within 10 calendar days after submission of the record, if 
no hearing is requested.
    (2) If the decision is announced orally, a copy thereof, excerpted 
from the transcript of the record, shall be furnished to the parties by 
the Hearing Clerk. Irrespective of the date such copy is mailed, the 
issuance date of the decision shall be the date the oral decision was 
announced.
    (3) If the decision is in writing, it shall be filed with the 
Hearing Clerk and served upon the parties as provided in Sec. 1.427.
    (4) The Judge's decision shall become effective without further 
proceedings 21 calendar days after the issuance of the decision, if 
announced orally at the hearing, or if the decision is in writing, 21 
calendar days after the date of service thereof upon the respondent, 
unless there is an appeal to the Judicial Officer by a party to the 
proceeding pursuant to Sec. 1.426; Provided, however, that no decision 
shall be final for purposes of judicial review except a final decision 
of the Judicial Officer upon appeal.
    (5) The Judicial Officer shall issue a decision within 10 calendar 
days of the receipt of the response to the appeal.


Sec. 1.424  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
Hearing Clerk, and served upon all the parties except motions and 
requests made on the record during the oral hearing.
    (b) Motions entertained. No dispositive motions, including motions 
to dismiss on the pleadings and motions for summary judgment, shall be 
entertained unless specifically mentioned herein or allowed in the 
discretion of the Judge.
    (c) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds therefore.
    (d) Response to motions and requests. Within 5 days after service 
of any written motion or request, or within such shorter or longer 
period as may be fixed by the Judge, an opposing party may file a 
response to the motion or request. The other party shall have no right 
to reply to the response.


Sec. 1.425  Judges.

    (a) Assignment. No Judge shall be assigned to serve in any 
proceeding who:
    (1) Has any pecuniary interest in any matter or business involved 
in the proceeding;
    (2) Is related within the third degree by blood or marriage to any 
party to the proceeding; or
    (3) Has any conflict of interest which might impair the Judge's 
objectivity in the proceeding.
    (b) Disqualification of Judge. (1) Any party to the proceeding may, 
by motion made to the Judge, request that the Judge withdraw from the 
proceeding because of an alleged disqualifying reason. Such motion 
shall set forth with particularity the grounds of alleged 
disqualification. The Judge may then either rule upon or certify the 
motion to the Secretary, but not both.
    (2) A Judge shall withdraw from any proceeding for any reason 
deemed by the Judge to be disqualifying.
    (c) Powers. Subject to review as provided elsewhere in this part, 
the Judge, in any assigned proceeding shall have power to:
    (1) Rule upon motions and requests;
    (2) Set the time and place of a pre-hearing conference and the 
hearing, adjourn the hearing from time to time, and change the time and 
place of hearing;
    (3) Administer oaths and affirmations;
    (4) Request the presence of and examine witnesses and receive 
relevant evidence at the hearing;
    (5) Take or order the taking of depositions as authorized under 
these rules;
    (6) Admit or exclude evidence;
    (7) Hear oral argument on facts or law,
    (8) Do all acts and take all measures necessary for the maintenance 
of order, including the exclusion of contumacious counsel or other 
persons;
    (9) Request additional information from any party to aid in the 
Judge's determination; and
    (10) Take all other actions authorized under these procedures.
    (d) Who may act in the absence of the Judge. In case of the absence 
of the Judge or the Judge's inability to act, the powers and duties to 
be performed by the Judge under these rules of practice in connection 
with any assigned proceeding may, without abatement of the proceeding 
unless otherwise directed by the Chief Judge, be assigned to any other 
Judge.


Sec. 1.426  Appeal to Judicial Officer.

    (a) Filing of petition. Within 10 calendar days after receiving 
service of the Judge's decision, a party who disagrees with the 
decision, or any part thereof, or any ruling by the Judge or any 
alleged deprivation of rights, may appeal such decision to the Judicial 
Officer by filing an appeal petition with the Hearing Clerk. As 
provided in Sec. 1.422(e)(2), objections regarding evidence or a 
limitation regarding examination or cross-examination or other rulings 
made before the Judge may be relied upon in an appeal. Each issue set 
forth in the petition, and the arguments thereon, shall be separately 
numbered; shall be plainly and concisely stated; and shall contain 
detailed citations of the record, statutes, regulations or authorities 
being relied upon in support thereof. A brief may be filed in support 
of the appeal simultaneously with the petition. A party filing a 
petition of appeal to the Judicial Officer, and any brief in support 
thereof, shall serve the other parties to the proceeding with a copy of 
the petition and supporting brief. The copies of the petition and 
supporting brief shall be served on the parties to the proceeding with 
a copy of the petition and supporting brief. The copies of the petition 
and supporting brief shall be served on the parties to the proceeding 
on the same day as the petition and supporting brief are filed with the 
Judicial Officer.
    (b) Response to appeal petition. Within 10 calendar days after the 
service of a copy of an appeal petition and any brief in support 
thereof, filed by a party to the proceeding, any other party may file 
with the Hearing Clerk a response in support of or in opposition to the 
appeal and in such response any relevant issue, not presented in the 
appeal petition, may be raised. A party filing a response to a petition 
of appeal to the Judicial Officer shall serve the other parties to the 
proceeding with a copy of the response. The copies of the response 
shall be served on the parties to the proceeding on the same day as the 
response is filed with the Judicial Officer.
    (c) Transmittal of record. Whenever an appeal of a Judge's decision 
is filed and a response thereto has been filed or time for filing a 
response has expired, the Hearing Clerk shall transmit to the Judicial 
Officer the record of the proceeding. Such record shall include: The 
pleadings; motions and requests filed and rulings thereon; the 
transcript of the testimony taken at the hearing, together with the 
exhibits filed in connection therewith; any documents or papers filed 
in connection with a prehearing conference; such proposed findings of 
fact, conclusions, and orders, and briefs in support thereof, as may 
have been filed in connection with the proceeding; the Judge's 
decision; such exceptions, statements of objections and briefs in 
support thereof as may have been filed in the proceeding; and the 
appeal petition, and such briefs in support thereof and responses 
thereto as may have been filed in the proceeding.
    (d) Decision of the Judicial Officer on appeal. The Judicial 
Officer, upon the basis of and after due consideration of the record 
and any matter of which official notice is taken, shall rule on the 
appeal within 4 months after the institution of the proceeding, 
pursuant to 16 U.S.C. 620b(c)(3). If the Judicial Officer decides that 
no change or modification of the Judge's decision is warranted, the 
Judicial Officer may adopt the Judge's decision as the final order in 
the proceeding, preserving any right of the party bringing the appeal 
to seek judicial review of such decision in the proper forum. A final 
order issued by the Judicial Officer shall be filed with the Hearing 
Clerk. Such order may be regarded by a party as final for purposes of 
judicial review.


Sec. 1.427  Filing; Identification of parties of record; service; and 
computation of time.

    (a) Filing; number of copies. Except as otherwise provided in this 
section, all documents or papers required or authorized by the rules in 
this part to be filed with the Hearing Clerk shall be filed in 
duplicate. Any document or paper required or authorized under the rules 
in this part to be filed with the Hearing Clerk shall, during the 
course of an oral hearing, be filed with the Judge.
    (b) parties of record shall receive a list from the Hearing Clerk 
of the names and addresses of all parties of record immediately after 
the close of the comment period.
    (c) Service; proof of service. (1) Each party of record is 
responsible for serving on every other party and to the Judge all 
papers and documents submitted after the comment period. Service shall 
be made either:
    (i) by delivering a copy of the document or paper to the individual 
to be served or to a member of the partnership to be served, or to the 
president, secretary, or other executive officer or a director of the 
corporation or association to be served, or to the attorney of record 
representing such individual, partnership, corporation, organization, 
or association; or
    (ii) by leaving a copy of the document or paper at the principal 
office or place of business or residence of such individual, 
partnership, corporation, organization, or association, or of the 
attorney or agent of record and mailing by regular mail another copy to 
such person at such address; or
    (iii) by registering or certifying and mailing a copy of the 
document or paper, addressed to such individual, partnership, 
corporation, organization, or association, or to the attorney or agent 
of record, at the last known residence or principal office or place of 
business of such person: Provided, That if the registered or certified 
document or paper is returned undelivered because the addressee refused 
or failed to accept delivery, the document or paper shall be served by 
remailing it by regular mail; or
    (iv) by mailing the document or paper by regular mail.
    (2) Proof of service hereunder shall be made by the certificate of 
the person who actually made the service: Provided, that if the service 
is made by mail, as outlined in paragraph (b)(3) of this section, proof 
of service shall be made by the return post-office receipt, in the case 
of registered or certified mail, and if that service is made by regular 
mail, as outlined in paragraphs (b)(3) and (b)(4) of this section, 
proof of service shall be made by the certificate of the person who 
mailed the matter by regular mail. The certificate and post-office 
receipt contemplated herein shall be filed with the Hearing Clerk, and 
made a part of the record of the proceeding. The Judge and the Hearing 
Clerk shall follow the procedures outlined in (c) for service of papers 
or documents signed by the Judge and/or the Hearing Clerk.
    (d) Effective date of filing. Any document or paper required or 
authorized under the rules in this part to be filed shall be deemed to 
be filed at the time when it reaches the Hearing Clerk; or, if 
authorized to be filed with another officer or employee of the 
Department it shall be deemed to be filed at the time when it reaches 
such officer or employee.
    (e) Computations of time. Saturdays, Sundays and Federal holidays 
shall be included in computing the time allowed for the filing of any 
document or paper except as provided in these rules; Provided, that, 
when such time expires on a Saturday, Sunday, or Federal holiday, such 
period shall be extended to include the next following business day.


Sec. 1.428  Depositions.

    (a) Motion for taking deposition. Upon the motion of a party to the 
proceeding, the Judge may, at any time after the filing of the 
submission, order the taking of testimony by deposition. The Motion 
shall be in writing, shall be filed with the Hearing Clerk, and shall 
set forth:
    (1) The name and address of the proposed deponent;
    (2) The name and address of the person (referred to hereafter in 
this section as the ``officer'') qualified under the regulations in 
this part to take depositions, before whom the proposed examination is 
to be made;
    (3) The proposed time and place of the examination; and
    (4) The reasons why such deposition should be taken, which shall be 
solely for the purpose of eliciting testimony which otherwise might not 
be available at the time of the hearing, for uses as provided in 
paragraph (g) of this section.
    (b) Judge's order for taking deposition. (1) If the Judge finds 
that testimony may not be otherwise available at the hearing, the 
taking of the deposition may be ordered. The order shall be served upon 
the parties, and shall state:
    (i) The time and place of the examination;
    (ii) The name of the officer before whom the examination is to be 
made; and
    (iii) The name of the deponent.
    (2) The officer and the time and place need not be the same as 
those suggested in the motion.
    (c) Qualifications of officer. The deposition shall be made before 
the Judge or before an officer authorized by the law of the United 
States or by the law of the place of the examination to administer 
oaths, or before an officer authorized by the Secretary to administer 
oaths.
    (d) Procedure on examinations. (1) The deponent shall be subject to 
cross-examination. Objections to questions or documents shall be in 
short form, stating the grounds of objections relied upon. The 
questions propounded, together with all objections made (but not 
including argument or debate), shall be recorded verbatim. In lieu of 
oral examination, parties may transmit written questions to the officer 
prior to the examination and the officer shall propound such questions 
to the deponent.
    (2) The applicant shall arrange for the examination of the witness 
either by oral examination, or by written questions upon agreement of 
the parties or as directed by the Judge. If the examination is 
conducted by means of written questions, copies of the questions shall 
be served upon the other party to the proceeding and filed with the 
officer and the other party may serve cross questions and file them 
with the officer at any time prior to the time of the examination.
    (e) Certification by officer. The officer shall certify on the 
deposition that the deponent was duly sworn and that the deposition is 
a true record of the deponent's testimony. The officer shall then 
securely seal the deposition, together with one copy thereof (unless 
there are more than two parties in the proceeding, in which case there 
should be another copy for each additional party), in an envelope and 
mail the same by registered or certified mail to the Hearing Clerk.
    (f) Corrections to the transcript. (1) At any time prior to the 
hearing any party may file a motion proposing corrections to the 
transcript of the deposition.
    (2) Unless a party files such a motion in the manner prescribed, 
the transcript shall be presumed, except for obvious typographical 
errors, to be a true, correct, and complete transcript of the testimony 
given in the deposition proceeding and to contain an accurate 
description or reference to all exhibits in connection therewith, and 
shall be deemed to be certified correct without further procedure.
    (3) At any time prior to use of the deposition in accordance with 
paragraph (g) of this section and after consideration of any objections 
filed thereto, the Judge may issue an order making any corrections in 
the transcript which the Judge finds are warranted, which corrections 
shall be entered onto the original transcript by the Hearing Clerk 
(without obscuring the original text).
    (g) Use of deposition. A deposition ordered and taken in accordance 
with the provisions of this section may be used in a proceeding under 
these rules if the Judge finds that the evidence is otherwise 
admissible and that the witness is dead; that the witness is unable to 
attend or testify because of age, sickness, infirmity, or imprisonment; 
or that such exceptional circumstances exist as to make it desirable, 
in the interests of justice, to allow the deposition to be used. If the 
party upon whose motion the deposition was taken refuses to offer it in 
evidence, any other party may offer the deposition or any thereof in 
evidence. If only part of a deposition is offered in evidence by a 
party, an adverse party may require the introduction of any other part 
which ought in fairness to be considered with the part introduced and 
any party may introduce any other parts.


Sec. 1.429  Ex parte communications.

    (a) At no stage of the proceeding between its institution and 
issuance of the final decision shall an employee of the Department who 
is or may reasonably be expected to be involved in the decisional 
process of the proceeding discuss ex parte the merits of the proceeding 
with any person having an interest in the proceeding, or with any 
representative of such person: Provided, That, procedural matters and 
status reports shall not be included within this limitation; and 
Provided further, That an employee of the Department who is or may be 
involved in the decisional process of the proceeding may discuss the 
merits of the proceeding if all parties of record have been given 
notice and an opportunity to participate. A memorandum of any such 
discussion shall be included in the record.
    (b) No interested person shall make or knowingly cause to be made 
to the Judge an ex parte communication relevant to the merits of the 
proceeding.
    (c) If the Judge reviews an ex parte communication in violation of 
this section, the one who receives the communication shall place in the 
public record of the proceeding:
    (1) All such written communication;
    (2) Memoranda stating the substance of all such oral 
communications; and
    (3) All written responses, and memoranda stating the substance of 
all oral responses thereto.
    (d) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section, the Judge 
may, to the extent consistent with the interests of justice and the 
policy of the underlying statute, require the party to show cause why 
his claim or interest in the proceeding should not be dismissed, 
denied, disregarded, or otherwise adversely affected on account of such 
violation.
    (e) To the extent consistent with the interests of justice and the 
policy of the underlying statute, a violation of this section shall be 
sufficient grounds for a decision adverse to the party who knowingly 
commits a violation of this section or who knowingly causes such a 
violation to occur.
    (f) For purposes of this section ``ex parte communication'' means 
an oral or written communication not on the public record with respect 
to which reasonable prior notice to all parties is not given, but it 
shall not include requests for status reports on any matter or the 
proceeding.

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

    3. The authority citation for part 2 continues to read as follows:

    Authority: 5 U.S.C. 301 and Reorganization Plan No. 2 of 1953.

Subpart D--Delegation of Authority to Other General Officers and 
Agency Heads


Sec. 2.35  [Amended]

    4. Amended Sec. 2.35 by removing in paragraph (a) the words ``in 
sourcing area adjudications under the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620, et seq.);'', and adding, in 
their place, the words ``in adjudication proceedings subject to the 
`Rules of Practice Governing the Adjudication of Sourcing Area 
Applications and Formal Review of Sourcing Areas Pursuant to the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, 
et seq.)' set forth in 7 CFR part 1, subpart M;''.

Title 36

PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER

    5. The authority citation for part 223 continues to read as 
follows:

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 
U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620h, unless otherwise 
noted.

Subpart F--Interim Rules to Implement the Forest Resources 
Conservation and Shortage Relief Act 1990

    6. Amend Sec. 223.190 as follows:
    a. Remove paragraph (h) introductory text, and (h)(1) through (3);
    b. Redesignate paragraph (h)(4) as paragraph (h) and redesignate 
paragraphs (h)(5) (i) through (iv) as paragraphs (i) (1) through (4);
    c. In newly redesignated paragraph (i)(1), remove the words 
``approving official'', and add, in their place, the words, ``the 
Administrative Law Judge, or, on appeal, the Judicial Officer''; and
    d. Revise paragraph (g) and newly designated paragraph (h) to read 
as follows:


Sec. 223.190  Sourcing area procedures.

* * * * *
    (g) The sourcing area application review process will be conducted 
pursuant to the Rules of Practice Governing the Adjudication of 
Sourcing Area Applications and Formal Review of Sourcing Areas Pursuant 
to the Forest Resources Conservation and Shortage Relief Act of 1990 
(16 U.S.C. 620, et. seq.), found at 7 CFR part 1, subpart M.
    (h) A final decision on a sourcing area application or a formal 
sourcing area review will be issued within four (4) months of the 
receipt of the application or initiation of the review.
* * * * *
    7. Amend Sec. 223.191 by removing the words ``deciding official's'' 
in the second sentence of paragraph (e)(1) and adding, in their place, 
the words, ``the Administrative Law Judge, or, on appeal, the Judicial 
Officer'', and by revising the last sentence in paragraph (e)(1) to 
read as follows:


Sec. 223.191  Sourcing area disapproval and review procedures.

* * * * *
    (e) * * *
    (1) * * * The deciding official shall on the record and after 
opportunity for a hearing, approve or disapprove the sourcing area 
being reviewed pursuant to the Rules of Practice Governing the 
Adjudication of Sourcing Area Applications and Formal Review of 
Sourcing Areas Pursuant to the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.), found at 7 CFR 
part 1, subpart M.
* * * * *
    Dated: February 11, 1994.
Mike Espy,
Secretary.
[FR Doc. 94-3884 Filed 2-23-94; 8:45 am]
BILLING CODE 3410-11-M