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  <FDSYS>
    <CFRTITLE>36</CFRTITLE>
    <CFRTITLETEXT>Parks, Forests, and Public Property</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>1997-07-01</DATE>
    <ORIGINALDATE>1997-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Forest planning-general procedure.</TITLE>
    <GRANULENUM>219.10</GRANULENUM>
    <HEADING>Section 219.10</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="3"/>
      <PARENT HEADING="" SEQ="2"/>
      <PARENT HEADING="PART 219" SEQ="1">PLANNING</PARENT>
      <PARENT HEADING="Subpart A" SEQ="0">National Forest System Land and Resource Management Planning</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 219.10</SECTNO>
    <SUBJECT>Forest planning—general procedure.</SUBJECT>
    <P>(a) <E T="03">Responsibilities—</E>(1) <E T="03">Regional Forester.</E> The Regional Forester shall establish regional policy for forest planning and approve all forest plans in the region.</P>
    <P>(2) <E T="03">Forest Supervisor.</E> The Forest Supervisor has overall responsibility for the preparation and implementation of the forest plan and preparation of the environmental impact statement for the forest plan. The Forest Supervisor appoints and supervises the interdisciplinary team.</P>
    <P>(3) <E T="03">Interdisciplinary team.</E> The team, under the direction of the Forest Supervisor, implements the public participation and coordination activities required by § 219.6 and § 219.7. The team shall continue to function even though membership may change and shall monitor and evaluate planning results and recommend revisions and amendments. The interdisciplinary team shall develop a forest plan and environmental impact statement using the process established in § 219.12 and paragraph (b) below.</P>
    <P>(b) <E T="03">Public review of plan and environmental impact statement.</E> A draft and final environmental impact statement shall be prepared for the proposed plan according to NEPA procedures. The draft environmental impact statement shall identify a preferred alternative. To comply with 16 U.S.C. 1604(d), the draft environmental impact statement and proposed plan shall be available for public comment for at least 3 months, at convenient locations in the vicinity <PRTPAGE P="62"/>of the lands covered by the plan, beginning on the date of the publication of the notice of availability in the <E T="04">Federal Register.</E> During this period, and in accordance with the provisions in § 219.6, the Forest Supervisor shall publicize and hold public participation activities as deemed necessary to obtain adequate public input.</P>
    <P>(c) <E T="03">Plan approval.</E> The Regional Forester shall review the proposed plan and the final environmental impact statement and either approve or disapprove the plan.</P>
    <P>(1) <E T="03">Approval.</E> The Regional Forester shall prepare a concise public record of decision which documents approval and accompanies the plan and final environmental impact statement. The record of decision shall be prepared according to NEPA procedures (40 CFR 1505.2). The approved plan shall not become effective until at least 30 days after publication of the notice of availability of the final environmental impact statement in the <E T="04">Federal Register</E>, to comply with 16 U.S.C. 1604(d) and 1604(j).</P>
    <P>(2) <E T="03">Disapproval.</E> The Regional Forester shall return the plan and final environmental impact statement to the Forest Supervisor with a written statement of the reasons for disapproval. The Regional Forester may also specify a course of action to be undertaken by the Forest Supervisor in order to remedy deficiencies, errors, or omissions in the plan or environmental impact statement.</P>
    <P>(d) <E T="03">Public appeal of approval decision.</E> The provisions of 36 CFR part 211, subpart B apply to any administrative appeal of the Regional Forester's decision to approve a forest plan. Decisions to disapprove a plan and other decisions made during the forest planning process prior to the issuance of a record of decision approving the plan are not subject to administrative appeal.</P>
    <P>(e) <E T="03">Plan implementation.</E> As soon as practicable after approval of the plan, the Forest Supervisor shall ensure that, subject to valid existing rights, all outstanding and future permits, contracts, cooperative agreements, and other instruments for occupancy and use of affected lands are consistent with the plan. Subsequent administrative activities affecting such lands, including budget proposals, shall be based on the plan. The Forest Supervisor may change proposed implementation schedules to reflect differences between proposed annual budgets and appropriated funds. Such scheduled changes shall be considered an amendment to the forest plan, but shall not be considered a significant amendment, or require the preparation of an environmental impact statement, unless the changes significantly alter the long-term relationship between levels of multiple-use goods and services projected under planned budget proposals as compared to those projected under actual appropriations.</P>
    <P>(f) <E T="03">Amendment.</E> The Forest Supervisor may amend the forest plan. Based on an analysis of the objectives, guidelines, and other contents of the forest plan, the Forest Supervisor shall determine whether a proposed amendment would result in a significant change in the plan. If the change resulting from the proposed amendment is determined to be significant, the Forest Supervisor shall follow the same procedure as that required for development and approval of a forest plan. If the change resulting from the amendment is determined not to be significant for the purposes of the planning process, the Forest Supervisor may implement the amendment following appropriate public notification and satisfactory completion of NEPA procedures.</P>
    <P>(g) <E T="03">Revision.</E> A forest plan shall ordinarily be revised on a 10-year cycle or at least every 15 years. It also may be revised whenever the Forest Supervisor determines that conditions or demands in the area covered by the plan have changed significantly or when changes in RPA policies, goals, or objectives would have a significant effect on forest level programs. In the monitoring and evaluation process, the interdisciplinary team may recommend a revision of the forest plan at any time. Revisions are not effective until considered and approved in accordance with the requirements for the development and approval of a forest plan. The Forest Supervisor shall review the conditions on the land covered by the plan at least every 5 years to determine whether conditions or demands of the public have change significantly. <PRTPAGE P="63"/>
    </P>
    <P>(h) <E T="03">Planning records.</E> The Forest Supervisor and interdisciplinary team shall develop and maintain planning records that document the decisions and activities that result from the process of developing a forest plan. Records that support analytical conclusions made and alternatives considered by the team and approved by the Forest Supervisor throughout the planning process shall be maintained. Such supporting records provide the basis for the development of the forest plan and associated documents required by NEPA procedures.</P>
  </SECTION>
</CFRGRANULE>
