[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44144-44146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18322]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AD02
National Forest System Land Management Planning; Correction
AGENCY: Forest Service, USDA.
ACTION: Correcting amendments.
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SUMMARY: The Department of Agriculture (USDA) published a National
Forest System land management planning rule in the Federal Register, on
April 9, 2012, (77 FR 21162).
Errors have been found in the rule with respect to punctuation,
hyphenation, and wording. The errors have been corrected in the rule
published today.
DATES: These corrections are effective July 27, 2012.
ADDRESSES: Written inquiries about this correction document may be sent
to the Director, Ecosystem Management Coordination Staff, USDA Forest
Service, 1400 Independence Ave. SW., Mailstop Code 1104, Washington, DC
20250-1104.
FOR FURTHER INFORMATION CONTACT: Ecosystem Management Coordination
staff's Planning Specialist Regis Terney at 202-205-1552.
SUPPLEMENTARY INFORMATION:
Background
This document makes technical corrections to Title 36, Code of
Federal Regulations, Part 219--Planning, Subpart A--National Forest
System Land Management Planning (36 CFR part 219, subpart A). One
technical correction at 36 CFR 219.11(d)(4) concerns the wording
describing the maximum size for openings that may be cut in one harvest
operation. The wording should have said ``maximum size for openings''
instead of ``maximize size for openings.''
At 36 CFR 219.17(b)(2) and (b)(3), the reference to ``36 CFR part
209'' should be ``36 CFR part 219'' and reference to ``parts 200 to
209'' should be ``parts 200 to 299'' and, therefore, technical
corrections have been made to Title 36, Code of Federal Regulations,
Part 219--Planning, Subpart A--National Forest System Land Management
Planning (36 CFR part 219, subpart A), Sec. 219.17(b)(2) and (b)(3).
The correct reference in section 219.17(b)(2) and (3) is '' (36 CFR
Part 219, published at 36 CFR Parts 200 to 299, revised as of July 1,
2010).''
In addition, corrections have been made to punctuation,
hyphenation, and wording errors. The punctuation, hyphenation, and word
corrections do not change the content of the rule. These specific
changes are as follows:
In Sec. 219.4, paragraph (a), the acronym ``NEPA'' is spelled out;
in paragraph (a)(2), the term ``Government'' is capitalized; and in
paragraph (a)(3)(b)(2)(iii), the word ``to'' has been added.
In Sec. 219.6 paragraph (a)(1), the word ``contained'' has been
removed from the first sentence.
In Sec. 219.7 paragraph (c)(2)(viii), the word ``which'' has been
changed to ``that.''
In Sec. 219.11 paragraph (d)(4) ``maximize'' has been changed to
``maximum'' and in paragraph (d)(4)(ii) ``60-days'' has been
hyphenated.
In Sec. 219.19 Definitions, changes have been made in definitions
as follows: at ``Collaboration or collaborative process'' the comma has
been removed from ``October, 2007;'' at ``Connectivity'' the term
``long distance'' has been hyphenated; at ``Cultural Services'' a comma
was added after the term ``experiences;'' and at ``Source water
protection areas'' ``the'' was added to ``Environmental Protection
Agency.''
Need for Correction
As published, the final regulations contain errors which may be
misleading and, therefore, need to be changed. Other changes are to
make the document grammatically correct.
List of Subjects in 36 CFR Part 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, National forests,
Reporting and recordkeeping requirements, Science and technology.
Accordingly, 36 CFR part 219 is corrected by making the following
correcting amendments:
PART 219--PLANNING
0
1. The authority citation for part 219 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.
0
2. In Sec. 219.4 revise paragraph (a) introductory text, and
paragraphs (a)(2), and (b)(2)(iii) to read as follows:
Sec. 219.4 Requirements for public participation.
(a) Providing opportunities for participation. The responsible
official shall provide opportunities to the public for participating in
the assessment process; developing a plan proposal, including the
monitoring program; commenting on the proposal and the disclosure of
its environmental impacts in accompanying National Environmental Policy
Act (NEPA) documents; and reviewing the results of monitoring
information. When developing opportunities for public participation,
the responsible official shall take into account the discrete and
diverse roles, jurisdictions, responsibilities, and skills of
interested and affected parties; the accessibility of the process,
opportunities, and information; and the cost, time, and available
staffing. The responsible official should be proactive and use
contemporary tools, such as the Internet, to engage the public, and
should share information in an open way with interested parties.
Subject to the notification requirements in Sec. 219.16, the
responsible official has the discretion to determine the scope,
[[Page 44145]]
methods, forum, and timing of those opportunities. The Forest Service
retains decisionmaking authority and responsibility for all decisions
throughout the process.
* * * * *
(2) Consultation with federally recognized Indian Tribes and Alaska
Native Corporations. The Department recognizes the Federal Government
has certain trust responsibilities and a unique legal relationship with
federally recognized Indian Tribes. The responsible official shall
honor the government-to-government relationship between federally
recognized Indian Tribes and the Federal Government. The responsible
official shall provide to federally recognized Indian Tribes and Alaska
Native Corporations the opportunity to undertake consultation
consistent with Executive Order 13175 of November 6, 2000, and 25
U.S.C. 450 note.
* * * * *
(b) * * *
(2) * * *
(iii) Opportunities for the plan to address the impacts identified
or to contribute to joint objectives; and
* * * * *
0
3. In Sec. 219.6 revise paragraph (a)(1) to read as follows:
Sec. 219.6 Assessment.
* * * * *
(a) * * *
(1) Identify and consider relevant existing information in
governmental or non-governmental assessments, plans, monitoring
reports, studies, and other sources of relevant information. Such
sources of information may include State forest assessments and
strategies, the Resources Planning Act assessment, ecoregional
assessments, non-governmental reports, State comprehensive outdoor
recreation plans, community wildfire protection plans, public
transportation plans, State wildlife data and action plans, and
relevant Agency or interagency reports, resource plans or assessments.
Relevant private information, including relevant land management plans
and local knowledge, will be considered if publicly available or
voluntarily provided.
* * * * *
0
4. In Sec. 219.7 revise paragraph (c)(2)(viii) to read as follows:
Sec. 219.7 New plan development or plan revision.
* * * * *
(c) * * *
(2) * * *
(viii) Identify the suitability of areas for the appropriate
integration of resource management and uses, with respect to the
requirements for plan components of Sec. Sec. 219.8 through 219.11,
including identifying lands that are not suitable for timber production
(Sec. 219.11).
* * * * *
0
5. In Sec. 219.11 revise paragraph (d)(4) introductory text, and
paragraph (d)(4)(ii) to read as follows:
Sec. 219.11 Timber requirements based on the NFMA.
* * * * *
(d) * * *
(4) Where plan components will allow clearcutting, seed tree
cutting, shelterwood cutting, or other cuts designed to regenerate an
even-aged stand of timber, the plan must include standards limiting the
maximum size for openings that may be cut in one harvest operation,
according to geographic areas, forest types, or other suitable
classifications.
* * * * *
(ii) Plan components may allow for size limits exceeding those
established in paragraphs (d)(4) introductory text and (d)(4)(i) of
this section on an individual timber sale basis after ``60-days''
public notice and review by the regional forester.
* * * * *
0
6. In Sec. 219.17 revise paragraphs (b)(2) and (b)(3) to read as
follows:
Sec. 219.17 Effective dates and transition.
* * * * *
(b) * * *
(2) Initiating plan amendments. All plan amendments initiated after
May 9, 2012, are subject to the objection process in subpart B of this
part. With respect to plans approved or revised under a prior planning
regulation, including the transition provisions of the reinstated 2000
rule (36 CFR part 219, published at 36 CFR parts 200 to 299, revised as
of July 1, 2010), plan amendments may be initiated under the provisions
of the prior planning regulation for 3 years after May 9, 2012, and may
be completed and approved under those provisions (except for the
optional appeal procedures of the prior planning regulation); or may be
initiated, completed, and approved under the requirements of this part.
After the 3-year transition period, all plan amendments must be
initiated, completed, and approved under the requirements of this part.
(3) Plan development, plan amendments, or plan revisions initiated
before this part. For plan development, plan amendments, or plan
revisions that were initiated before May 9, 2012, the responsible
official may complete and approve the plan, plan amendment, or plan
revision in conformance with the provisions of the prior planning
regulation, including its transition provisions (36 CFR part 219,
published at 36 CFR parts 200 to 299, revised as of July 1, 2010), or
may conform the plan, plan amendment, or plan revision to the
requirements of this part. If the responsible official chooses to
complete an ongoing planning process under the provisions of the prior
planning regulation, but chooses to allow for an objection rather than
an administrative appeal, the objection process in subpart B of this
part shall apply. When the responsible official chooses to conform an
ongoing planning process to this part, public notice must be made
(Sec. 219.16(a)(5)). An objection process may be chosen only if the
public is provided the opportunity to comment on a proposed plan, plan
amendment, or plan revision, and associated environmental analysis.
* * * * *
0
7. In Sec. 219.19 revise the definitions of Collaboration or
collaborative process and Connectivity, revise paragraph (4) of the
definition of Ecosystem services, and revise the definition of Source
water protection areas to read as follows:
Sec. 219.19 Definitions.
* * * * *
Collaboration or collaborative process. A structured manner in
which a collection of people with diverse interests share knowledge,
ideas, and resources while working together in an inclusive and
cooperative manner toward a common purpose. Collaboration, in the
context of this part, falls within the full spectrum of public
engagement described in the Council on Environmental Quality's
publication of October 2007: Collaboration in NEPA--A Handbook for NEPA
Practitioners.
Connectivity. Ecological conditions that exist at several spatial
and temporal scales that provide landscape linkages that permit the
exchange of flow, sediments, and nutrients; the daily and seasonal
movements of animals within home ranges; the dispersal and genetic
interchange between populations; and the long-distance range shifts of
species, such as in response to climate change.
* * * * *
Ecosystem services. * * *
(4) Cultural services, such as educational, aesthetic, spiritual
and cultural heritage values, recreational experiences, and tourism
opportunities.
* * * * *
Source water protection areas. The area delineated by a State or
Tribe for
[[Page 44146]]
a public water system (PWS) or including numerous PWSs, whether the
source is ground water or surface water or both, as part of a State or
tribal source water assessment and protection program (SWAP) approved
by the Environmental Protection Agency under section 1453 of the Safe
Drinking Water Act (42 U.S.C. 300h-3(e)).
* * * * *
Dated: July 19, 2012.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2012-18322 Filed 7-26-12; 8:45 am]
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