Review Decision on the Cheif's Appeal Decision, Arapahoe & Roosevelt Natl. Forests

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2.20 (a)(2)(ii)). The Under Secretary is also charged under 7 CFR 2.20 (a)(2)(viii) to "exercise the administrative appeal functions of the Secretary of Agriculture in review of decisions of the Chief of the Forest Service pursuant to 36 CFR parts 215 and 217 and 36 CFR 251, Subpart C." Under 7 CFR 2.59, all duties and powers delegated to the Under Secretary may be performed by the Deputy Under Secretary. The appeal regulations allow discretionary review of the Chief's decision by the Under Secretary. The Under Secretary has unlimited discretion in deciding whether or not to undertake a discretionary review. The regulation identifies factors that should be considered in making a determination of whether to undertake a discretionary review. These factors include, but are not limited to, such factors as the "controversy surrounding the decision, the potential for litigation, whether the decision is precedential in nature, or whether the decision modifies existing or establishes new policy." The Chief's appeal decision involves all of these factors. Accordingly, I concluded that a discretionary review of the Chief's appeal decision was warranted. The Revised Forest Plan was prepared under NFMA and its implementing regulations promulgated in 1982 at 36 CFR 219 (47 FR 43073, Sept. 30, 1982). Under the terms of the newly issued NFMA planning regulations at 36 CFR 219 (65 FR 67514, November 9, 2000), the Arapaho and Roosevelt National Forests and Pawnee National Grassland Forest Plan is governed by the 1982 version of these regulations. Accordingly, I based my review on the 1982 regulations. Likewise, any additional planning necessary under my decision will be conducted under the 1982 regulations. All references to 36 CFR 219 in this decision refers to the 1982 version of those regulations. Deputy Under Secretary Decision Summary The Chief's appeal decision identifies issues raised in the Notice of Appeal (NOA) and grouped them in five topic areas. The appeal decision also contains an analysis of the appeal points for each issue in each topic area, and the Chief's decision. All this information was analyzed and considered during my discretionary review. Based upon a review of the appeal record, I have decided to affirm with clarifying discussion and instructions the Chief's January 15, 2003 appeal decision. My decision on each issue discussed in the Chief's appeal decision is as follows: 1. Water ................. ..........................Chief is affirmed, with clarifications and instructions 2. Wildlife and Fisheries .......................Chief is affirmed 3. Lands ................. ..........................Chief is affirmed 4. Research Natural Areas .....................Chief is affirmed 5. Access and Travel Management ...... ..... Chief is affirmed This decision is the final administrative determination of the Department of Agriculture under 36 CFR 217. By copy of this decision, I am notifying all participants of my decision. N