The project is subject to predecisional administrative review pursuant to 36 CFR 218 Subpart B also called the “objection process.” The full text of the rule can be found at the following website - https://www.gpo.gov/fdsys/pkg/CFR-2011-title36-vol2/pdf/CFR-2011-title36-vol2-part218.pdf
Only individuals or entities that submitted timely specific written comments during a designated opportunity for public participation (scoping or the public comment period) may object (36 CFR 218.5). Notices of objection are published on the project's webpage for the project level objection (218). Objections on the project must be filed with the Reviewing Officer within 45 days from the date of publication of notice of the opportunity to object in the newspaper of record; instructions on how to file an electronic objection are listed below under the title "How to Submit Comments Electronically." Other methods to submit objections are included in the legal notice on the previous page. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. Those wishing to file an objection to the draft decision should not rely upon dates or timeframe information provided by any other source. Objections sent by U.S. Postal Service or other private carrier must be post marked or date stamped before the close of the objection period and must be received before the close of the fifth business day after the objection filing period.
Incorporation of documents by reference is not allowed except for the following list of items that may be referenced by including date page and section of the cited document along with a description of its content and applicability to the objection: 1) all or any part of a federal law or regulation; 2) Forest Service directives and land management plans; 3) documents referenced by the Forest Service in the subject NEPA document; or 4) comments previously provided to the Forest Service by the objector during public involvement opportunities for the proposed project where written comments were requested by the responsible official. All other documents must be included with the objection.
Issues raised in objections must be based on previously submitted specific written comments regarding the proposed project or amendment and attributed to the objector unless the issue is based on new information that arose after the opportunities for comment. The burden is on the objector to demonstrate compliance with this requirement for objection issues.
Minimum requirements of an objection are described at 36 CFR 218.8(d). An objection must include a description of those aspects of the proposed project/amendment addressed by the objection including specific issues related to the proposed project/amendment; if applicable how the objector believes the environmental analysis or draft decision specifically violates law regulation or policy; suggested remedies that would resolve the objection; supporting reasons for the reviewing officer to consider; and a statement that demonstrates the connection between prior specific written comments on the particular proposed project or amendment and the content of the objection unless the objection concerns an issue that arose after the designated opportunities for comment.
Objections not filed in a timely manner or those that do not meet the requirements described above will be set aside without further review. For more information please see the Request More Info tab on the previous web page.
