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Northeastern Area-6816 Market Street, Up-
[32 F.R. 9679, July 4, 1967, as amended at 33 F.R. 4139, March 5, 1968; 34 F.R. 17879, Nov. 5, 1969]
Subpart B-Functions and Procedures § 200.3 Forest Service functions.
(a) Legislative authority. The basic laws authorizing activities of the Forest Service are set forth in 16 U.S.C. 460, 471-594, 616, 694, and 1131-1136; 33 U.S.C. 701; and 7 U.S.C. 1010-1013a.
(b) Work of the Forest Service. Under delegated authority from the Secretary of Agriculture, the broad responsibilities of the Forest Service are:
(1) Leadership in forestry. The Forest Service provides overall leadership in forest and forest-range conservation, development, and use. This involves determination of forestry conditions and requirements, and recommendations of policies and programs needed to keep the Nation's private and public lands fully productive.
(2) National Forest System Administration. (i) The Forest Service administers and manages the National Forest System lands in accordance with the Multiple Use Sustained Yield Act of June 12, 1960 (16 U.S.C. 528–531).
(ii) The National Forest System comprises about 187 million acres of land in the National Forests and National Grasslands, and other areas which have been transferred to the Forest Service for administration. On these public lands (a) forestry methods are applied in growing and harvesting timber, (b) forage is scientifically managed for the use of domestic livestock whose numbers are kept in balance with the carrying capacity of the range, (c) wildlife habitat and species are managed, (d) watersheds are managed to safeguard the water supply and stabilize streamflow, (e) recreation resources are managed for public enjoyment and benefit, (ƒ) many forms of land and resource use are granted under permit or lease, and (g) physical and resource improvements needed to develop, protect, and use all resources are built and maintained.
(3) Cooperative forestry. The Forest Service carries out cooperative forestry programs for public benefit through
programs initiated by State, county, and other Federal agencies. These programs are directed at the protection, development, and sustained production of all forestry resources, both public and private.
(4) Forest research. The Forest Service conducts research on problems involving protection, development, management, renewal, and continuous use of all resources, products, values, and services of forest lands. Research is conducted on (1) forest and range management, including the five basic resources of timber, forest soil and water, range forage, wildlife and fish habitat, and forest recreation, (11) forest protection from fire, insects, and disease, (iii) forest products and engineering, and (iv) forest resource economics including forest survey, forest economics, and forest products marketing.
§ 200.4 General procedures.
(a) The regulations of the Secretary of Agriculture governing the protection and administration of National Forest System lands are set forth in Chapter 2, Title 36, of the Code of Federal Regulations.
(b) Procedures for the conduct of Forest Service activities are issued as directives by the central office of the Forest Service and by the field offices listed in § 200.2.
(c) Directives include: (1) The Forest Service Directives System comprised of the Forest Service Manual and related Forest Service Handbooks, (2) correspondence that relates to decisions or interpretations on specific activities, cases, or incidents, and (3) circular memoranda that contain unpublished policies and procedures which apply to a number of subordinate offices.
(d) Forest Service Directives System issuances are published under delegated authority as follows:
(1) The Forest Service Manual and Forest Service Handbook issuances are published in the Office of the Chief by the Division of Administrative Management for use by all Forest Service units.
(2) Forest Service Manual and Forest Service Handbook issuances are supplemented in the field offices by the Regional Forester or Deputy Regional Forester, Research Station Director, Area Director, or Forest Supervisor or Deputy Forest Supervisors.
(e) Directives issued as unpublished correspondence or circular memoranda are issued in accordance with signing authorities published in the Forest Service Directives System.
(f) An alphabetical index of the contents of the Forest Service Manual and related Forest Service Handbooks is published as a Master Index Handbook. In addition, the Master Index contains a listing of all Series, Titles, and Chapters in the Forest Service Manual; and a listing of all Forest Service Handbooks in the Directives System.
(g) The Handbook on File System outlines and indexes the filing system for all correspondence, circular memoranda,
(h) Forms used are listed in the Forcst Service Manual. Instructions for their use are issued as directives.
Except as provided in § 200.6, all published or unpublished directives, forms, records, and concurring or dissenting final opinions and orders made in the adjudication of cases are available for public review by any person.
Records which are exempt from availability for public inspection and copying include:
(a) Records and reports exempted from disclosure by statute or by Executive Order.
(b) Personnel and medical files and similar files and records, including personnel investigative reports, except as authorized to be made available by the Director of Personnel, which would constitute a clearly unwarranted invasion of personal privacy.
(c) Investigatory files and records, including inspection and accounting reports and supporting data, compiled for law enforcement purposes, except to the extent available by law to a private party.
(d) Records relating solely to internal personnel rules and practices, including:
(1) Minutes of meetings of advisory committees prior to public announcement of conclusions or recommendations or to release of a verbatim transcript or a full and complete record.
(2) Audit records and reports, except audits made in connection with contractual or cooperative relations which the responsible Regional Forester or Director determines may be made available
to the contractor, cooperator, or the party whose activities form the basis of the audit.
(3) Records of research, experimentation, and physical analysis of samples and other materials, including patent records, prior to publication or release; and research information involving research under cooperative agreements, contracts, or grants, except as may be made available under the agreement, contract or grant.
(4) Appraisal records, cost estimates, analyses, data, and other information, prior to publication and release, including the Timber Sale Report and Appraisal before the date the timber sale advertisement is published or, in the case of short notice sales, before the timber sale advertisement is posted in a public place, and the same reports for all forms of unadvertised sales before the date such sales are awarded; appraisal information in the appraisal summary of the Report of Advertised Sale (Form 2400-17) before the sale has been reviewed and approved by the officer authorized to approve the sale; management plan inventory data (plot cards, summary sheets, and type and condition class maps) before they have been checked, approved, and are ready for use in management planning; engineering cost estimates for construction or maintenance work, other than cost estimates for timber sale purchaser road construction and maintenance included in Timber Sale Reports and Appraisals, until after bids have been opened and read; appraisal information in connection with land purchases before the purchase option-contract is signed by the landowner and accepted by the United States; and appraisal values, other than the total appraised value of the offered and selected land, in connection with land exchanges before exchange negotiations are far enough advanced that the interests of the United States and the private landowners are not adversely affected.
(e) Interagency or intra-agency memoranda or letters which would not be available by law to a private party in litigation with the Forest Service.
(f) Trade secrets and commercial and financial information obtained from any person and privileged or confidential, including:
(1) Cost and selling value data obtained from timber sale purchasers for use in timber appraisals; any part of the
Offices where information is available.
Places where the public may secure information, make requests, or obtain decisions are the Office of the Chief or offices of any Regional Forester, Research Station Director, Area Director, Forest Supervisor, or District Ranger. All information on all activities may not be available at a given location because of territorial jurisdiction, level of the organization, limited activity on a given unit, or related reasons. When the information desired is not available at a given location, the office where the request is received will give assistance by directing the applicant to the office where the information may be obtained. Except for such information as is generally available for the public, requests and submittals should be in writing and need not follow any particular form.
Rate Redetermination Report (Form 2400-19 or 19a) when the report is basically a summary of the individual purchaser's operation and contains financial information supplied by the purchaser; any information obtained from the purchaser, or from another source, which would disclose cost, returns, or other information about the purchaser used in rate redetermination or for other purposes related to timber sales and timber management.
(2) Financial statements, cost statements, or other information obtained from timber sale bidders to determine qualification for award of sale contracts.
(3) Inspection data or information on the Timber Sale Statement of Account (Form 2400-22) which would reveal the purchaser's deposits or balance on deposit to persons other than the purchaser or his authorized representative.
(4) Inventory data, including individual field sample record sheets, and individual timber products output survey forms which show such information as the name, location, resource, or operational data that can be obtained as pertaining to a specific timber operator or company.
(5) Information on the Application for Grazing Permit (Form 2200-16a rev. 9/65) part 2 concerning ownership, plans, crop production, leasing and mortgages and related information obtained from the grazing permit applicant.
(6) Financial statements, economic studies, and use projections submitted with proposals or bids.
(7) Sales, volume of business, investments, and profit and loss statements submitted by the permittee upon request of the Forest Service.
(8) Fees charged by the Forest Service when the fee is based on commercial or financial information furnished by the permittee.
(g) All records, files, documents, memoranda, correspondence, exhibits, and information of whatever nature coming into the possession or within the knowledge of the Forest Service or any of its officers or employees in the discharge of its official duties which come within the scope of the exemptions from public availability.
[32 F.R. 9679, July 4, 1967, as amended at 33 F.R. 4139, Mar. 5, 1968]
[32 F.R. 9679, July 4, 1967, as amended at 33 F.R. 4139, Mar. 5, 1968]
§ 200.8 Where information may be copied.
Facilities for copying are available at all offices listed in §§ 200.1 and 200.2. Copying facilities are not available at offices of the District Ranger.
§ 200.9 Rules governing inspection and copying.
(a) Facilities for inspection and copying are available during established office hours for the particular location, usually 8 a.m. to 5 p.m., Monday through Friday.
(b) The Department of Agriculture has established a schedule of fees for copies of information. The Forest Service charges for copies of records in accordance with the Department fee schedule.
(c) Applicants for information, at their discretion, may bring their own copy equipment and make copies of available information without charge.
(d) Informational material published for general public distribution is furnished without charge.
[32 F.R. 9679, July 4, 1967, as amended at 34 F.R. 17879, Nov. 5, 1969]
Any applicant whose request for records is denied may appeal in writing to the Chief, Forest Service. Review and decision on the applicant's appeal shall be by the Chief or his duly authorized representatives.
(a) Permittees who use a national forest or a portion thereof for like purposes and desire to cooperate with the Forest Service in the systematic betterment of conditions and facilities controlling their use of the national forest lands may do so by organizing (1) associations in which all permittees of like character within an area are eligible to membership, or (2) advisory boards without associations representing the permittees and requesting official recognition by the Forest Service. The request should be addressed to the Forest Supervisor who will act on all requests. To obtain recognition, an association must show that its membership includes a majority of all persons holding permits for like purposes in the area involved and that an advisory board has been elected whose agreements on behalf of the association shall be binding upon all members thereof. An advisory board without an association representing the permittees, to obtain recognition, must show that it represents a majority
Subpart A-Cooperation With Private and State Agencies
AUTHORITY: The provisions of this Subpart A issued under 30 Stat. 35, as amended, sec. 1, 38 Stat. 628; 16 U.S.C. 551, 472.
§ 211.1 Cooperation with user organizations.
of all persons holding permits for like purposes in the area involved and that its agreements shall be binding upon all permittees that it represents. Upon recognition by the Forest Supervisor, the advisory board of an association or advisory board without an association representing the permittees shall be entitled to receive notice of proposed action and have an opportunity to be heard in reference to any proposed changes likely to affect materially the use or interest in the forest or a portion thereof enjoyed by the persons using the area.
(b) Upon receiving a request and recommendation from an advisory board representing an association or an advisory board without an association representing the permittees, the Forest Supervisor may establish special rules to prevent damage to the national forest lands, to regulate their use and occupancy, and to promote their development and improvement for the purposes and in the ways for which such permits are issued. Upon the establishment of special rules they will be made a part of the permits and shall be binding on the permittees.
(c) Upon receiving a request and recommendation of a majority of the members of an association or from a majority of the permittees of an area represented by an advisory board, the Forest Supervisor may authorize the operation by the association or advisory board, of services or utilities of general character and benefit which promote the protection and improvement of the forest lands by the permittees.
(d) A majority of the permittees of each national forest or the advisory board representing such permittees may either elect or appoint one of the permittees on such national forest as their representative on an advisory board representing a group of national forests. Upon such election or appointment, the regional forester will recognize the permittee so elected or appointed as a member of the advisory board representing a particular group of national forests. [16 F.R. 5952, June 22, 1951]
§ 211.3 Cooperation with State officers.
All forest officers will cooperate with State officials, insofar as practicable, to enforce State fire, game, and health laws. They are authorized to accept appointments, without compensation, as
Subpart B-Appeals From Administrative Decisions Relating to the Administration of the National Forests or Other Lands Under Administration of the Forest Service
AUTHORITY: The provisions of this Subpart B issued under 30 Stat. 35 as amended, 50 Stat. 526, R.S. 161 as amended; 16 U.S.C. 551, 7 U.S.C. 1011(f), 5 U.S.C. 301.
SOURCE: The provisions of this Subpart B appear at 30 F.R. 6345, May 6, 1965, unless otherwise noted.
CLASSES OF APPEALS
§ 211.20 Contract appeals; appeals from decisions on matters other than contract.
(a) Classification. This subpart prescribes the procedure governing the following types of appeals:
(1) Class One. Appeals from decisions in which the issue under appeal