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Forest Service NEPA under 7 CFR 1b: decision memos, objections and the SOPA

Forest Service NEPA is how the U.S. Forest Service weighs the environmental effects of actions on national forests and grasslands[1]. It runs on USDA's NEPA regulations at 7 CFR 1b, which replaced the rescinded 36 CFR 220[2][3]; projects decided with an EA or EIS can draw objections under 36 CFR 218[4][1].

By Ilya Volodarsky. 15 sources, last read on . This page explains the law; it is not legal advice.

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    ePlan vs. by hand

    How ePlan compares to drafting a Decision Memo by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Old templatesePlan.aiFollows the reference you choose and marks every unconfirmed fact as a highlighted [INSERT: …] placeholderBy handTemplates built on the rescinded 36 CFR 220 can carry outdated citations
    Starting pointePlan.aiA project description or uploaded files; the research agent searches Forest Service project pages, eCFR and the Federal RegisterBy handFinding a current memo to copy and checking each category against 7 CFR 1b.4 by hand
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    USDA NEPA regulations: what replaced 36 CFR 220

    USDA replaced seven agency NEPA rules, including the Forest Service's 36 CFR part 220, with 7 CFR part 1b: interim on July 3, 2025, final on April 3, 2026. Reliance on existing analysis at 1b.9(e)(8) replaced the determination of NEPA adequacy[2][8].

    Part 220's categorical exclusions kept their order. The list needing no decision memo, 220.6(d)(1)-(12) less reserved (d)(10), became 7 CFR 1b.4(c)(19)-(29); the final rule removed (c)(27), the ski-area permit CE, because 16 U.S.C. 497c(i) already exempts those reissuances from NEPA[2][9]. The decision memo list, 220.6(e), became (d)(26)-(47), dropping reserved (e)(4), (e)(10) and (e)(15):

    36 CFR 220.6(e)(1)-(13) and their 7 CFR 1b.4 codes: categories that require documentation, usually a FANEC.
    Old citationNew codeCategory
    220.6(e)(1)USDA-26d-USFSTrail construction and reconstruction
    220.6(e)(2)USDA-27d-USFSUtility lines in a designated corridor
    220.6(e)(3)USDA-28d-USFSSpecial uses under 20 acres
    220.6(e)(5)USDA-29d-USFSRegeneration with native tree species
    220.6(e)(6)USDA-30d-USFS, set aside January 13, 2026[10]Timber stand or wildlife habitat improvement
    220.6(e)(7)USDA-31d-USFSAquatic habitat improvement structures
    220.6(e)(8)USDA-32d-USFSShort-term mineral, energy or geophysical investigations
    220.6(e)(9)USDA-33d-USFSMinor allotment management practices
    220.6(e)(11)USDA-34d-USFSPost-fire rehabilitation, up to 4,200 acres
    220.6(e)(12)USDA-35d-USFSLive-tree harvest, up to 70 acres
    220.6(e)(13)USDA-36d-USFSSalvage harvest, up to 250 acres

    USFS NEPA categorical exclusions that need a decision memo

    On the Tahoe National Forest, the Russell Valley Fuels Reduction project used the Healthy Forests Restoration Act wildfire resilience CE: scoping opened September 13, 2024, and the decision memo was signed April 24, 2025. As a CE, it was not subject to objection[11].

    Under 7 CFR 1b.4, paragraph (c) categories need no NEPA documentation and paragraph (d) categories do; the Forest Service has also adopted 46 from other agencies[9][1]. In Oregon Wild v. U.S. Forest Service, a court set aside USDA-30d-USFS on January 13, 2026[10]; the Forest Service appealed, then dropped the appeal in September 2026[12]. The rest of the (d) list is below; for real memos, see 12 signed decision memos.

    36 CFR 220.6(e)(14)-(25) and their 7 CFR 1b.4 codes, continued.
    Old citationNew codeCategory
    220.6(e)(14)USDA-37d-USFSSanitation harvest, up to 250 acres
    220.6(e)(16)USDA-38d-USFSLand management plans; the plan approval document is the record
    220.6(e)(17)USDA-39d-USFSOil and gas surface use plans
    220.6(e)(18)USDA-40d-USFSRestoring wetlands, streams and riparian areas
    220.6(e)(19)USDA-41d-USFSDebris and sediment removal after disturbances
    220.6(e)(20)USDA-42d-USFSRestoring lands under roads and trails
    220.6(e)(21)USDA-43d-USFSAdministrative site buildings and infrastructure
    220.6(e)(22)USDA-44d-USFSRecreation site buildings and infrastructure
    220.6(e)(23)USDA-45d-USFSRoad management, up to 8 miles
    220.6(e)(24)USDA-46d-USFSRoad construction or realignment, up to 2 miles
    220.6(e)(25)USDA-47d-USFSRestoration and resilience, up to 2,800 acres

    Extraordinary circumstances: what the official screens

    The official picks the resources to screen, such as listed species, wetlands, roadless areas, historic properties and tribal sacred sites. A resource's presence is not an extraordinary circumstance; one exists only when an effect may be significant, and changing the action can remove it[5].

    36 CFR 218 objections: who can object, and by when

    Part 218 covers projects that implement a land management plan and are decided with an EA or EIS, where a FONSI can be the decision document[4][13][2]. Only those who sent timely, specific comments may object, within 45 days of the legal notice (30 for Healthy Forests Restoration Act fuel projects)[4]. A February 2026 proposal to shorten this was not in effect on October 2, 2026[14].

    Outline

    What a Forest Service decision memo (FANEC) contains

    7 CFR 1b.3(g) leaves the format open but sets minimum elements[5]; this order follows a White River National Forest FANEC signed August 29, 2025[15].

    1. Proposed action

      Forest, district, county, acres or miles and activities, in enough detail to show the category fits[5].

    2. Category and fit

      Number and text, such as USDA-26d-USFS, and how the action stays within its limits[5][9].

    3. Resources considered

      Those screened from the 7 CFR 1b.3(f)(1) list or added by the official, and related ESA, NHPA and Clean Water Act records[5][15].

    4. Finding and review

      No extraordinary circumstances exist, and which review process, if any, applies[5][15].

    5. Date and signature

      Signed by the responsible official[5].

    Sources

    Where each statement comes from

    Show all 15 sources
    1. [1]Environmental Planning (Environmental Procedures and Guidance). USDA Forest Service. Read October 2, 2026.
    2. [2]National Environmental Policy Act (USDA final rule), 91 FR 17062. U.S. Department of Agriculture, Federal Register, April 3, 2026. Read October 2, 2026.
    3. [3]Agency NEPA Procedures and Contacts. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    4. [4]36 CFR part 218 - Project-Level Predecisional Administrative Review Process (Forest Service). Electronic Code of Federal Regulations (eCFR), current. Read October 4, 2026.
    5. [5]7 CFR 1b.3 - Categorical exclusions and findings of applicability and no extraordinary circumstance (USDA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    6. [6]36 CFR 218.24 - Notification of opportunity to comment on proposed projects and activities (Forest Service). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    7. [7]42 U.S.C. 4336a - Timely and unified Federal reviews. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    8. [8]7 CFR 1b.9 - Efficient and effective environmental reviews (USDA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    9. [9]7 CFR 1b.4 - Categorical exclusion of USDA subcomponents and actions. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    10. [10]Oregon Wild v. U.S. Forest Service, No. 1:22-cv-01007-MC, Opinion and Order (ECF No. 88). U.S. District Court for the District of Oregon (RECAP copy, CourtListener), January 13, 2026. Read October 4, 2026.
    11. [11]Russell Valley Fuels Reduction (#63852). USDA Forest Service, Tahoe National Forest, April 24, 2025. Read October 3, 2026.
    12. [12]Oregon Wild v. United States Forest Service, No. 1:22-cv-01007 (D. Or.), docket, including the appeal to the Ninth Circuit (No. 26-3137) and its dismissal. CourtListener (Free Law Project), from PACER. Read October 4, 2026.
    13. [13]7 CFR 1b.6 - Finding of no significant impact (USDA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    14. [14]Project-Level Predecisional Administrative Review Process (proposed rule), 91 FR 5387. USDA Forest Service, Federal Register, February 6, 2026. Read October 2, 2026.
    15. [15]Findings of Applicability and No Extraordinary Circumstances (FANEC): Sopris Urban Front Country Order, White River National Forest. USDA Forest Service, August 29, 2025. Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    • Not by that name. 7 CFR 1b calls the record a finding of applicability and no extraordinary circumstance (FANEC); the categories that need one did not change.

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