215.12—Decisions and actions not subject to appeal.
The following decisions and actions are not subject to appeal under this part, except as noted:
(a)
The amendment, revision, or adoption of a land and resource management plan that includes a project decision, except that the project portion of the decision is subject to this part. The amendment, revision, or adoption portion of a decision is subject to either the objection process of § 219.32 or the administrative appeal and review procedures of part 217 in effect prior to November 9, 2000 (see 36 CFR parts 200 to 299, Revised as of July 1, 2000);
(b)
Determination, with documentation, that a new decision is not needed following supplementation of an environmental impact statement (EIS) or revision of an environmental assessment (EA) pursuant to FSH 1909.15, Chapter 10, section 18.
(c)
Preliminary findings made during planning and/or analysis processes on a project or activity. Such findings are appealable only upon issuance of a decision document.
(d)
Subsequent implementing actions that result from the initial project decision that was subject to appeal.
(e)
Projects or activities for which notice of the proposed action and opportunity to comment is published ( § 215.5) and
(1)
No substantive comments expressing concerns or only supportive comments are received during the comment period for a proposed action analyzed and documented in an EA ( § 215.6 ); or
(2)
No substantive comments expressing concerns or only supportive comments are received during the comment period for a draft EIS ( 40 CFR 1502.19 ), and the Responsible Official's decision does not modify the preferred alternative identified in the draft EIS.
(f)
Decisions for actions that have been categorically excluded from documentation in an EA or EIS pursuant to FSH 1909.15, Chapter 30, section 31.
(g)
An amendment, revision, or adoption of a land and resource management plan that is made independent of a project or activity (subject to either the objection process of § 219.32 or the administrative appeal and review procedures of part 217 in effect prior to November 9, 2000 (see 36 CFR parts 200 to 299, Revised as of July 1, 2000)).
(i)
Hazardous fuel reduction projects conducted under provisions of the HFRA, as set out at part 218, subpart A, of this title.