Comment on FR Doc # 2026-13281
AnonymousOpposeIndividual
Summary: Mark Bolen opposes the proposed amendments to 36 CFR parts 200 and 216, arguing that reclassifying Handbook provisions as "advisory" undermines public notice and statutory intent. He also expresses concern that electronic-only notice will exclude rural and Tribal participation and requests that the Agency maintain existing provisions to ensure transparency and predictability.
Mark Bolen
[Docket RIN 0596‑AD74]
7/05/2026
To Whom It May Concern:
I respectfully submit this comment opposing aspects of the proposed amendments to 36 CFR parts 200 and 216. The proposal states, “The Forest Service Manual is the primary source of administrative direction to Forest Service employees. All standards, criteria, and guidelines for the internal management and control of Forest Service programs are codified in the Forest Service Manual.” It also states, “The Forest Service Handbooks contain advisory and informational guidance for employees and outline suggested methods for fulfilling their responsibilities.”
My concerns are brief and specific:
• Reclassifying many Handbook provisions as merely “advisory” risks excluding changes that functionally operate as binding standards from public notice and comment, undermining the statutory intent of 16 U.S.C. 1612(a). It sounds like greed from former lumber executives.
• Defaulting to electronic-only notice and removing routine physical mailing options will reduce meaningful participation by rural communities and Tribes. This participation matters and should not be eliminiated.
• Allowing broader discretion to deviate from Manual direction without robust documentation and public posting could create inconsistent implementation and legal uncertainty for permittees and other external stakeholders.
Requested remedies:
Retain notice-and-comment procedures for Handbook provisions that impose obligations on non‑Agency parties (permits, fees, appeal procedures, enforcement criteria).
Require clear, objective criteria for what is excluded from 16 U.S.C. 1612(a).
Preserve multiple notice methods and strengthen documentation and public posting when officials deviate from Manual direction.
Complete government‑to‑government Tribal consultation and incorporate Tribal feedback before finalizing the rule.
Thank you for considering these concerns. I request that the Agency leave unchanged the existing provisions and drop the proposed rule. This is to ensure transparency, predictability, and meaningful public and Tribal participation while blocking greed from destroying our public lands.
Sincerely,
Mark Bolen
810-629-6782