U.S. Forest Service Proposed Rule – Comment Deadline Today

COMMENTS DUE TODAY:

The Forest Service has proposed a rule that would dramatically shorten and constrain public opportunities to comment on and object to projects on national forest lands. By cutting timelines, limiting page counts, and reducing local notice, this proposal would reduce meaningful public participation and make it easier for projects to move forward quickly.

CASE IN POINT - TCF didn't see this or receive notice on this open comment period - until the last minute. Imagine if we regularly had half the time. It would certainly have slipped by unnoticed. Comments would be closed before we could even do any research on how to comment!

View the Notice of Intent (NOI) here: www.federalregister.gov/documents/2026/02/06/2026-02392/project-level-predecisional-administrative-review-process.

Continue reading below for more information. 👇

Photo TCF

What the Proposed Rule Changes

The rule would revise the U.S. Forest Service objection process (36 CFR Part 218) — the process used to challenge projects before a final decision is issued.

Major Changes

1. Public comment periods shortened

   • Environmental Assessment (EA):
     30 days → 10 days

   • Environmental Impact Statement (EIS):
     45 days → 20 days

2. Objection deadlines shortened

   • Draft FONSI objections: 10 days

   • Draft Record of Decision objections: 20 days

3. No extensions allowed

   • The proposal explicitly removes the ability to extend comment or objection periods.

4. Page limits for objections

   • 15 pages for EA objections

   • 30 pages for EIS objections.

5. Less formal notice

   • Notices would move from newspapers/Federal Register to USDA websites only.

6. Internal review reduced

   • The independent reviewing officer could be eliminated and the responsible official handles objections directly.

7. More projects exempt

   • If no one comments during the comment period, there is no right to object later.

Why the 10-Day Window Is a Big Problem

This is the core issue.

A typical project review requires:

• Reading hundreds of pages of EA/EIS documents

• Reviewing range data, grazing permits, wildlife impacts

• Coordinating with experts or attorneys

• Drafting substantive comments

Ten days effectively means:

• No time to consult experts

• Little time for coalition coordination

• Much harder to preserve legal standing

And that last part is key:

➡️ You must comment in order to later file an objection or lawsuit.

So shortening the comment period can limit who has standing later.

Why the Agency Says They’re Doing It

The Forest Service says the goal is to:

• “Accelerate project delivery”

• Reduce delays in forest management projects

• Align with new USDA NEPA regulations

• Increase efficiency.

In practice, we would argue this prioritizes speed over public participation.

One Thing You Should Know (Strategically)

This rule applies to ALL national forest projects, including:

• grazing

• timber

• wildlife habitat

• recreation development

• energy and infrastructure

• special use permits

So it could affect wild horse habitat, grazing allotments, fencing, habitat projects, etc.

Suggested Comment Points

Comments could focus on:

1️⃣ Due process and meaningful participation

• 10 days is insufficient to review NEPA documents.

2️⃣ Impacts on small nonprofits and private citizens

• Larger industry groups have legal teams; grassroots orgs and individuals do not.

3️⃣ Scientific review

• Wildlife, range, and genetic experts cannot realistically review complex projects in 10 days.

4️⃣ Litigation access

• The objection process is required before judicial review. When these comment periods are missed, the public has no say moving forward.

Small silver lining

The comment deadline is TODAY (March 9), but comments do not need to be extremely long to matter.

A short, focused comment could still be impactful, especially if it highlights impacts on wildlife and public participation.