Rocky Mountain Region

How to Appeal a National Environmental Policy Act (NEPA) Decision

Programmatic NEPA Documents

A Land and Resource Management Plan (LRMP) is required for each administrative unit of National Forest System and must be amended as needed. The National Forest Management Act (NFMA) does not specifically require an environmental impact statement (EIS) for forest plan approval and revision (16 USC 1604), but an EIS is required by Secretary's regulations (36 CFR 219). The LRMP typically covers an entire forest administrative unit, usually about 1-2 million acres. The LRMPs must be revised every 10 to 15 years. The decision documents for LRMP approval (Record of Decision), amendment, and revision are subject to appeal under 36 CFR 217.

Government Printing Office - On-line copies of 36 CFR 217

Project NEPA Documents

Project decisions (critical decisions that change the environment) require additional NEPA and environmental law compliance (some uses such as oil and gas leasing, grazing, and recreation developments have multi-step consideration at the project level). Project decision documents could be appealed under 36 CFR 217. As part of the Interior Appropriations Act of 1992 (106 Stat. 1419) Congress added requirements for notice and comment and an administrative appeal of projects implementing LRMPs. The project notice/comment and appeal process went into effect January 4, 1994 under 36 CFR 215.

Anyone can appeal a NEPA decision. According to 36 CFR 215.2, an appeal is a written document filed with an Appeal Deciding Officer. The name and address of the Appeal Deciding Officer is inside each NEPA Decision document. An appellant usually has 45 calendar days from the decision signing date to file an appeal. It is best to send appeals by "certified mail" via the US Postal Service.

Decision-making at the project level can include provisions associated with special use permits, municipal watersheds, mining locations, mineral rights, water rights, grazing and livestock use permits, and others. Decisions relating to occupancy and use of National Forest System lands are subject to appeal under 36 CFR 251.

For More Information

For more information on programmatic vs. project NEPA decision-making, please see the Overview of Forest Planning and Project Level Decision-making.

At the Rocky Mountain Regional Office, contact the Planning Director at
Rocky Mountain Regional Office, 740 Simms Street, Golden, CO 80401-4720 303-275-5350.

U.S. Forest Service, Rocky Mountain Region
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Last modified May 08, 2008