The Forest Service values public participation. Communications from the public regarding this project, including commenters' names and contact information, will become part of the public record. Comments, including anonymous comments, will be accepted at any time. However, comments posted after the close of a designated comment period may not be able to be given full consideration.
The Upper Swauk Restoration Project was authorized to use the Secretary’s Memorandum 1078-006 emergency situation determination (ESD) under section 40807 of the Infrastructure Investment and Jobs Act (IIJA) on May 21, 2025. Under this emergency authority, the Upper Swauk Restoration Project EA was developed to consider only a proposed action and no action alternatives in detail, and the EA and draft decision will not be subject to pre-decisional administrative review (Consolidated Appropriations Act of 2012 (Pub. L. 112-74) as implemented by Subparts A and B of 36 CFR part 218). Since the Forest Service has its own program called ESD (36 CFR 218.21), to prevent confusion between the two, the Forest Service refers to any designation under IIJA section 40807 as an emergency action determination (EAD). Because the project will not be subject to the pre-decisional administrative review process this will be the last opportunity for public comment before a decision is authorized for this project.
Daniel Leininger
