USDA finalizes rule shortening comment and objection periods for forest projects
- Comment periods set at 15 days for EAs, 30 for EISs
- Responsible official replaces independent reviewing officer for objections
- Web notices replace newspapers and routine Federal Register publication
Photo: Wikimedia Commons - Vyacheslav Argenberg, CC BY 4.0FR Doc: 2026-20890
What changed The rule shortens the minimum public comment period from 30 days to 15 days for EAs and from 45 days to 30 days for EISs.
The U.S. Department of Agriculture issued a final rule on Oct 13 that rewrites how the public can object to proposed projects on national forests and grasslands. The rule shortens review periods and moves public notification to the web.
Under the rule, the minimum public comment period is 15 days for projects documented in an environmental assessment (EA) and 30 days for those documented in an environmental impact statement (EIS). The department said the existing comment and objection processes add at least 120 to 150 days to an EA review and 135 to 165 days to an EIS review.
The rule ends the independent reviewing officer role. The responsible official, who the department said is "most familiar with the environmental analysis and the issues raised," will now review objections. If that official is a District Ranger or Forest/Grassland Supervisor, an official at a higher level must concur with the response.
Objections are limited to 15 pages for an EA and 30 pages for an EIS. Written responses are limited to five pages and are due within 15 days for an EA and 20 days for an EIS. An official one level above the responsible official may extend the EIS deadline to 35 days if the project is of extraordinary complexity or has received a high volume of objections.
Notices will be posted on USDA websites, with direct notification to interested parties, rather than in newspapers of record or through routine Federal Register publication.
The rule takes effect Nov. 12, 2026.
The department proposed the rule on Feb. 6, 2026. It received about 2,270 comments, and it said commenters generally expressed concern that the changes would reduce public participation.