---
kind: "section"
citation: "36 C.F.R. § 218.23"
title: "36"
number: "218.23"
heading: "Proposed projects and activities not subject to legal notice and opportunity to comment."
url: "https://uscodex.org/cfr/36/218.23"
---

# §218.23. Proposed projects and activities not subject to legal notice and opportunity to comment.


The legal notice and opportunity to comment procedures of this subpart do not apply to:

- (a) Any project or activity categorically excluded from documentation in an environmental assessment or environmental impact statement.
- (b) Proposed land management plans, plan revisions, and plan amendments that are subject to the objection process set out in [36 CFR part 219](/cfr/36/part219.md), [subpart B](/cfr/36/subpartB.md);
- (c) Proposed plan amendments associated with a project or activity where the amendment applies not just to the particular project or activity but to all future projects and activities (see [36 CFR 219.59(b)](/cfr/36/219.59.md?p=b));
- (d) Proposed projects and activities not subject to the provisions of the National Environmental Policy Act and the implementing regulations at 40 CFR parts [1500](/cfr/40/part1500.md) through [1508](/cfr/40/part1508.md) and [36 CFR part 220](/cfr/36/part220.md);
- (e) Determinations by the responsible official, after consideration of new information or changed circumstances, that a correction, supplement, or revision of the EA or EIS is not required;
- (f) Rules promulgated in accordance with the Administrative Procedure Act ([5 U.S.C. 551](/usc/5/551.md) et seq.) or policies and procedures issued in the Forest Service Manual and Handbooks ([36 CFR part 216](/cfr/36/part216.md)); and
- (g) **Proposed hazardous fuel reduction projects authorized under the Healthy Forests Restoration Act.**

## Notes

### Amendments

[78 FR 18497, Mar. 27, 2013, as amended at 79 FR 44293, July 31, 2014]

### Authority

Authority: Pub. L. 108-148, 117 Stat 1887 (16 U.S.C. 6515 note); Sec. 428, Pub. L. 112-74 125 Stat 1046; Sec. 431, Pub. L. 113-76; Sec. 8006, Pub. L. 113-79.

### Source

Source: 78 FR 18497, Mar. 27, 2013, unless otherwise noted.

### Amendments

[78 FR 18497, Mar. 27, 2013, as amended at 79 FR 44293, July 31, 2014]