Forest Service Speeds Up Pre-Decision Review Process Rules
Published Date: 10/13/2026
Rule
Summary
The USDA Forest Service is updating how people can object to projects on national forests and grasslands before decisions are final. This new rule makes the review process simpler, faster, and clearer, starting November 12, 2026. If you care about forest projects, this change affects how and when you can speak up, with no new costs involved.
Analyzed Economic Effects
9 provisions identified: 0 benefits, 5 costs, 4 mixed.
Shorter public comment windows
If you want to comment on a proposed Forest Service project, the rule sets minimum public comment periods to 15 days for Environmental Assessments (EAs) and 30 days for Environmental Impact Statements (EISs). If a comment or objection period ends on a weekend or Federal holiday, the end date is extended to the next Federal working day.
Faster objection responses with limited extensions
If you file an objection, the responsible official must issue a written response posted online within 15 days after the objection period closes for an EA/FONSI and within 20 days for an EIS/ROD. For highly complex EIS projects or those with many objections, an official one level above the responsible official may extend the EIS response up to an additional 15 days (to 35 days).
Page limits for filing objections
Objections must be concise: objection documents are limited to 15 pages for EA-level decisions and 30 pages for EIS-level decisions. Attachments and documents incorporated by reference are not counted toward these page limits.
Objection review consolidated to project official
The rule removes the independent reviewing officer for most cases and consolidates objection review with the responsible official who prepared the project analysis. For objection responses prepared by a District Ranger or Forest/Grassland Supervisor, an Agency official one level higher must concur before the response is finalized and posted.
Emergency projects and categorical exclusions exempted
Certain projects are not subject to the predecisional objection process: the rule clarifies that emergency situation determinations under the Consolidated Appropriations Act of 2012 and specific IIJA emergency authorities exempt projects from objection. Categorical exclusions (CEs) also remain exempt from objections as provided by statute.
Shift to web-based notice plus direct alerts
The rule modernizes public notice by relying on Forest Service project web pages for official postings and requires responsible officials to send direct notifications (for example, email listservs or subscription services) when comment or objection opportunities open. Officials may still use newspapers or press releases at their discretion.
Submission format and evidence rules (PDFs, no links)
Scientific literature and supporting materials submitted during comment or objection stages must be provided as permission-free PDF attachments (no web links). Materials incorporated by reference (such as specialist reports) must be reasonably available for inspection during the comment period. The rule also requires machine-readable/text-based formats to support Section 508 accessibility.
Transition rules decide which process applies
Which rule applies to a given project depends on dates: projects that published a legal notice for the notice-and-comment period before February 6, 2026 use the previous 36 CFR 218 rule. Projects that published a notice between February 6, 2026 and the rule's effective date (November 12, 2026) use the previous rule unless their notice said the project may be subject to the revised rule; projects initiating notice-and-comment after November 12, 2026 use the revised rule.
How duplicates, supportive comments, and set‑asides are handled
The rule says all specific written comments must be considered, but duplicate submissions need not each be separately reviewed, similarly worded form letters are counted as individual submissions though they may be consolidated for response, supportive comments are included in the project record but are not eligible objections, and objections that are mere restatements of prior comments may be set aside unless they identify unresolved, specific concerns.
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Key Dates
Department and Agencies
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