CFR > Title 36 - Parks, Forests, and Public Property > CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE > PART 215—NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES > 215.18—Formal review and disposition procedures.

215.18—Formal review and disposition procedures.

(a) Scope of review. The Appeal Deciding Officer shall complete a review based on the appeal record ( § 215.2) and the Appeal Reviewing Officer's recommendation ( § 215.19(b) ).
(b) Disposition. The Appeal Deciding Officer shall either:
(1) Issue a written appeal decision within 45 days following the end of the appeal-filing period, which affirms or reverses the Responsible Official's decision, either in whole or in part, and which may include instructions for further action. When an appeal decision involves instructions concerning new information or changed circumstances, the Responsible Official must follow the correction, supplementation, or revision of environmental documentation and reconsideration of decisions to take action guidance in FSH 1909.15, Chapter 10, section 18 and §§ 215.3, 215.4, 215.11, and 215.12. The Appeal Deciding Officer shall send a copy of the appeal decision to the appellant(s), the Appeal Reviewing Officer, and the Responsible Official within 5 days; or
(2) Not issue an appeal decision and so notify the appellant(s) in writing that an appeal decision will not be issued and that the Responsible Official's decision constitutes the final agency action of the Department of Agriculture ( § 215.15(e)(2) ). Notification shall be sent no sooner than 46 days nor later than 50 days following the end of the appeal-filing period.
(c) Final administrative determination. The Appeal Deciding Officer's appeal disposition constitutes the final administrative determination of the Department of Agriculture.