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(e) Directives issued as unpublished to the contractor, cooperator, or the correspondence or circular memoranda party whose activities form the basis of are issued in accordance with signing au- the audit. thorities published in the Forest Service (3) Records of research, experimentaDirectives System.

tion, and physical analysis of samples (f) An alphabetical index of the con- and other materials, including patent tents of the Forest Service Manual and records, prior to publication or release; related Forest Service Handbooks is pub- and research information involving relished as a Master Index Handbook. In search under cooperative agreements, addition, the Master Index contains a contracts, or grants, except as may be Listing of all Series, Titles, and Chapters made available under the agreement, in the Forest Service Manual; and a list

contract or grant. ing of all Forest Service Handbooks in (4) Appraisal records, cost estimates, the Directives System.

analyses, data, and other information, (g) The Handbook on File System out- prior to publication and release, includlines and indexes the filing system for all ing the Timber Sale Report and Apcorrespondence, circular memoranda, praisal before the date the timber sale and records.

advertisement is published or, in the (h) Forms used are listed in the For- case of short notice sales, before the est Service Manual. Instructions for their timber sale advertisement is posted in use are issued as directives.

a public place, and the same reports

for all forms of unadvertised sales be$ 200.5 Information available.

fore the date such sales are awarded; apExcept as provided in $ 200.6, all pub- praisal information in the appraisal lished or unpublished directives, forms, summary of the Report of Advertised records, and concurring or dissenting Sale (Form 2400–17) before the sale has final opinions and orders made in the been reviewed and approved by the ofadjudication of cases are available for ficer authorized to approve the sale; public review by any person.

management plan inventory data (plot $ 200.6 Exceptions.

cards, summary sheets, and type and

condition class maps) before they have Records which are exempt from avail- been checked, approved, and are ready ability for public inspection and copying for use in management planning; eninclude:

gineering cost estimates for construction (a) Records and reports exempted or maintenance work, other than cost from disclosure by statute or by Execu- estimates for timber sale purchaser road tive Order.

construction and maintenance included (b) Personnel and medical files and in Timber Sale Reports and Appraisals, similar files and records, including per- until after bids have been opened and sonnel investigative reports, except as read; appraisal information in connecauthorized to be made available by the tion with land purchases before the purDirector of Personnel, which would con- chase option-contract is signed by the stitute a clearly unwarranted invasion of landowner and accepted by the United personal privacy.

States; and appraisal values, other than (c) Investigatory files and records, in- the total appraised value of the offered cluding inspection and accounting re- and selected land, in connection with ports and supporting data, compiled for land exchanges before exchange negolaw enforcement purposes, except to the tiations are far enough advanced that extent available by law to a private party.

the interests of the United States and (d) Records relating solely to internal

the private landowners are not adversely

affected. personnel rules and practices, including: (1) Minutes of meetings of advisory

(e) Interagency or intra-agency

memoranda or letters which would not committees prior to public announcement

be available by law to a private party of conclusions or recommendations or to

in litigation with the Forest Service. release of a verbatim transcript or a full

(f) Trade secrets and commercial and and complete record.

financial information obtained from any (2) Audit records and reports, except person and privileged or confidential, audits made in connection with con- including: tractual or cooperative relations which (1) Cost and selling value data obthe responsible Regional Forester or Di- tained from timber sale purchasers for rector determines may be made available use in timber appraisals; any part of the

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 oficers 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]

8 200.7 Offices where information is

available. Places where the public may secure information, make requests, or obtain decisions are the Office of the Chief or ofices 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. (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 copying information, and charges for copying Forest Service records are controlled by the fee schedule of the Department.

(c) Applicants for information, at their discretion, may bring their own copy equipment and make copies of available information without charge.

(d) Published information available for public distribution is furnished without charge. 8 200.10 Administrative appeals.

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.

PART 211-ADMINISTRATION

Sec.

211.103 Definitions. Subpart A-Cooperation With Private and 211.104 Membership and participation of Stato Agencies

the Board. Sec.

211.105 Appealable decisions. 211.1 Cooperation with user organizations. 211.106 Notice of appeal and written state211.2 (Reserved]

ment. 211.3 Cooperation with State oficers.

211.107 Action by forest oficer. 211.4 Cooperation for fire prevention and 211.108 Consolidation of appeals and intercontrol,

vention by other persons. 211.5 Advance of funds for cooperative 211.109 Determination of classification of work.

case on appeal.

211.110 Production of documents for inspecSubpart B-Appeals From Administrative Deci

tion and copying. sions Relating to the Administration of the

211.111 Depositions. National Forests or Other Lands Under Admin

211.112 Interrogatories. istration of the Forest Service

211.113 Objections to, and limitations on, CLASSES OF APPEALS

production of documents, deposi

tions and interrogatories. 211.20 Contract appeals; appeals from de

211.114 Effect of failure to comply with orcisions on matters other than

ders under $8 211.110, 211.111, contract.

211.112 and 211.113. APPEALS FROM DECISIONS OF FOREST 211.115 Request for and scheduling of SUPERVISORS

hearing.

211.116 Conduct of hearings. 211.21 Initiation of appeals.

211.117 Closing of the record-readiness of APPEALS FROM DECISIONS OF REGIONAL

appeal for decision. FORESTERS

211.118 Decisions of the Board.

211.119 Filing, service; extension of time; 211.22 Appeals on classification and merits.

effective date of filing and comESTABLISHMENT OF THE BOARD OF FOREST

putation of time. APPEALS

Subpart A-Cooperation With Private 211.23 Composition of the Board; lack of

and State Agencies prosecution. 211.24 Hearings before the Board.

AUTHORITY: The provisions of this Subpart 211.25 Action by the Board.

A issued under 30 Stat. 35, as amended, sec. 1,

38 Stat. 628; 16 U.S.C. 551, 472. ACTION BY THE CHO 211.26 Decisions in Class Two and Class

8 211.1 Cooperation with user organizaThree cases.

tions. APPEALS FROM DECISIONS OF THE CHIET

(a) Permittees who use & national forest or

a portion thereof for like 211.27 Procedure.

purposes and desire to cooperate with DECISIONS OF THE SECRETARY

the Forest Service in the systematic 211.28 Decisions in Class Two and Class

betterment of conditions and facilities Three cases.

controlling their use of the national

forest lands may do so by organizing DEFINITIONS

(1) associations in which all permittees 211.29 Terminology.

of like character within an area are ADDITIONAL PROCEDURES

eligible to membership, or (2) advisory

boards without associations representing 211.80 Filing of notice of appeal and state

the permittees and requesting official ment of reasons; extension of time;

recognition by the Forest Service. The consolidation of appeals; intervention.

request should be addressed to the Forest 211.31 Requests for reconsideration of do

Supervisor who will act on all requests. cision; appeals.

To obtain recognition, an association 211.32 Oral presentation.

must show that its membership includes 211.33 Remand.

a majority of all persons holding per211.34 Record in case under appeal.

mits for like purposes in the area in211.35 Service of papers.

volved and that an advisory board has 211.36 Decisions. 211.37 Continuance of appeals.

been elected whose agreements on be

half of the association shall be binding Subpart C-Rules of Procedure of the Board of upon all members thereof. An advisory Forest Appeals

board without an association represent211.101 Scope and purpose.

ing the permittees, to obtain recognition, 211.102 Words in the singular form.

must show that it represents a majority of all persons holding permits for Uke deputy State fire wardens, game wardens, purposes in the area involved and that and/or health officers whenever in the its agreements shall be binding upon all judgment of the Chief of the Forest permittees that it represents. Upon Service the performance of the duties recognition by the Forest Supervisor, the required by these offices will not interfere advisory board of an association or ad- with their duties as Federal forest visory board without an association rep- officers. resenting the permittees shall be entitled (1 F.R. 1261, Aug. 15, 1936] to receive notice of proposed action and have an opportunity to be heard in ref

$ 211.4 Cooperation for fire prevention

and control. erence to any proposed changes likely to affect materially the use or interest The Forest Service shall, whenever in the forest or a portion thereof en

possible, and is hereby authorized to joyed by the persons using the area. enter into such agreements with private

(b) Upon receiving a request and rec- owners of timber, with railroads, and ommendation from an advisory board

with other industrial concerns operating representing an association or an advi

in or near the national forests as will sory board without an association rep

result in mutual benefit in the prevention resenting the permittees, the Forest

and suppression of forest fires: Provided, Supervisor may establish special rules to

That the service required of each party prevent damage to the national forest

by such agreements shall be in proporlands, to regulate their use and occu

tion to the benefits conferred. pancy, and to promote their develop- [1 F.R. 1261, Aug. 15, 1936] ment and improvement for the purposes & 211.5 Advance of funds for cooperaand in the ways for which such permits

tive work. are issued. Upon the establishment of special rules they will be made a part

Funds made available for research for of the permits and shall be binding on

which the Forest Service is responsible the permittees.

may be advanced, when advancements (c) Upon receiving a request and rec

are authorized by law, as a cooperative ommendation of a majority of the mem

aid to individuals and public and private bers of an association or from a majority

agencies, organizations, and institutions of the permittees of an area represented

when in the judgment of the Chief, Forby an advisory board, the Forest Super

est Service, or such Directors of Forest visor may authorize the operation by

Experiment Stations, and the Forest the association or advisory board, of

Products Laboratory, as he may desigservices or utilities of general character

nate, such action will stimulate or faciliand benefit which promote the protec

tate cooperative research. tion and improvement of the forest lands

[17 F.R. 8363, Sept. 17, 1952] by the permittees.

Subpart B-Appeals From Adminis(d) A majority of the permittees of

trative Decisions Relating to the each national forest or the advisory board representing such permittees may

Administration of the National Foreither elect or appoint one of the permit

ests or Other Lands Under Admintees on such national forest as their rep- istration of the Forest Service resentative on an advisory board repre

AUTHORITY: The provisions of this Subpart senting a group of national forests.

B issued under 30 Stat. 35 as amended, 50 Upon such election or appointment, the Stat. 526, R.S. 161 as amended; 16 U.S.C. 551, regional forester will recognize the per- 7 U.S.C. 1011(1), 5 U.S.C. 301. mittee so elected or appointed as a mem

SOURCE: The provisions of this Subpart B ber of the advisory board representing

appear at 30 F.R. 6345, May 6, 1965, unless a particular group of national forests. otherwise noted. (16 F.R. 5952, June 22, 1951)

CLASSES OF APPEALS $ 211.2 [Reserved)

$ 211.20 Contract appeals; appeals from

decisions on matters other than con8 211.3 Cooperation with State officers.

tract. All forest oficers will cooperate with (a) Classification. This subpart preState oficials, insofar as practicable, to scribes the procedure governing the folenforce State fire, game, and health lowing types of appeals: laws. They are authorized to accept ap- (1) Class One. Appeals from decipointments, without compensation, as sions in which the issue under appeal relates to a breach of the terms or pro- wise in error. The notice should identify visions of a written instrument, as de- the decision from which the appeal is fined in § 211.29. To be classified as a taken and give the date of the decision Class One appeal, the appeal must be and the contract number, if any. Upon taken by a party or parties to the written receipt of the notice and statement, the instrument.

forest supervisor shall, within the time (2) Class Two. Appeals from deci- specified in § 211.30, prepare a responsive sions having effect on the enjoyment of statement reviewing the matter and preuse under a written instrument in which senting the facts and considerations a breach of the terms or provisions of upon which his decision was based. The such instrument is not the issue under two statements, together with all papers appeal. To be classified as a Class Two comprising the record in the matter, appeal, the appeal must be taken by a shall be transmitted to the regional party or parties to the written instru- forester who shall consider the matter ment.

and make a decision based on the state(3) Class Three. Appeals from other ments and the record submitted to him. appealable decisions involving the ad- (b) Classification. In all regional ministration and management of the na

foresters' decisions resulting from an aptional forests which do not fall into peal from a forest supervisor's decision, Class One or Class Two.

and upon notice of an appeal from an (b) Exclusions. (1) There are ex

initial decision of a regional forester, the cluded from the application of this sub

regional forester shall classify the appeal part appeals from decisions of contract- as Class One, Class Two, or Class Three, ing officers of the Department of Agri

and notify the parties to the appeal culture involving disputed questions of accordingly. fact under contracts for the construc

APPEALS FROM DECISIONS OF tion, alteration, or repair of public

REGIONAL FORESTERS buildings or works, or the purchase of administrative supplies, equipment, ma

§ 211.22 Appeals on classification and

merits. terials, or services, provided for in 7 CFR 1.101 et seq.

(a) Classification (1) Appeals. (2) No appeal may be taken where the appellant believes that the classificathe relief appellant seeks is reformation tion of the case by the regional forester of a contract or monetary damages or is erroneous, he may appeal the classifiwhere the jurisdiction of another Gov- cation as well as the merits of the deciernment agency over the subject matter sion to the Board of Forest Appeals, of the appeal supersedes that of the established by $ 211.23, hereinafter reDepartment of Agriculture.

ferred to as the “Board”, within the time (3) Appeals from decisions of forest specified in § 211.30 for giving notice of officers in personnel matters may not appeal. In such a case, the statement of be taken under the provisions of this the party appealing the classification subpart.

shall likewise set forth the class in which

he believes the appeal should be classiAPPEALS FROM DECISIONS OF FOREST

fied, together with the reasons supportSUPERVISORS

ing his position. Upon receipt of ap§ 211.21 Initiation of appeals.

pellants' notice and statement, the Board

shall serve copies thereof on the re(a) Procedure. Any person who is adversely affected by a decision of a forest

gional forester by certified mail. supervisor, except a decision denying an

(2) Preparation and filing of regional

forester's statement. If the regional forapplication for a special use permit,

ester's classification of the case has been contract or any use of the national forests, may take an appeal to the re

appealed, the regional forester shall,

within the time specified in § 211.30, pregional forester by filing with the forest supervisor, within the time specified in

pare and file with the Board a respon$ 211.30, a written notice of appeal and sive statement presenting the facts and a written statement setting forth the considerations upon which his decision reasons why the decision appealed from on classification was based. is contrary to, or in conflict with, the (3) Decision of Board on classification, facts, the law, or the regulations of the Upon receipt of the appellant's notice Secretary of Agriculture, hereinafter re- and statement appealing the regional ferred to as the “Secretary”, or is other- forester's classification and the state

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