§ 6515 — Special Administrative Review Process

(1) Not later than 30 days after December 3, 2003, the Secretary of Agriculture shall promulgate interim final regulations to establish a predecisional administrative review process for the period described in paragraph (2) that will serve as the sole means by which a person can seek administrative review regarding an authorized hazardous fuel reduction project on Forest Service land. (2) The predecisional administrative review process required under paragraph (1) shall occur during the period— (A) beginning after the completion of the environmental assessment or environmental impact statement; and (B) ending not later than the date of the issuance of the final decision approving the project. (3) To be eligible to participate in the administrative review process for an authorized hazardous fuel reduction project under paragraph (1), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the project, specific written comments that relate to the proposed action. (4) The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations. (b) The Secretary shall promulgate final regulations to establish the process described in subsection (a)(1) after the interim final regulations have been published and reasonable time has been provided for public comment. (1) A person may bring a civil action challenging an authorized hazardous fuel reduction project in a Federal district court only if the person has challenged the authorized hazardous fuel reduction project by exhausting— (A) the administrative review process established by the Secretary of Agriculture under this section; or (B) the administrative hearings and appeals procedures established by the Department of the Interior. (2) An issue may be considered in the judicial review of an action under section 6516 of this title only if the issue was raised in an administrative review process described in paragraph (1). (A) An exception to the requirement of exhausting the administrative review process before seeking judicial review shall be available if a Federal court finds that the futility or inadequacy exception applies to a specific plaintiff or claim. (B) If an agency fails or is unable to make information timely available during the administrative review process, a court should evaluate whether the administrative review process was inadequate for claims or issues to which the information is material.