[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13316-13319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04470]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD06
National Forest System Land Management Planning Directives
AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of agency proposed directives; request for
comment.
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SUMMARY: The Forest Service has issued proposed directives to Forest
Service Handbook (FSH 1909.12) and Manual (FSM 1920) establishing
procedures and responsibilities for implementing the
[[Page 13317]]
National Forest System (NFS) land management planning regulation.
Issuance of these proposed directives will provide consistent overall
guidance to Forest Service Line Officers and Agency employees in
developing, amending, or revising land management plans for units of
the NFS. Public comment is invited and will be considered in developing
the final directives.
DATES: Comments must be received in writing by April 29, 2013.
ADDRESSES: Submit comments concerning the proposed directives through
one of the following methods:
1. Public participation portal: https://cara.ecosystem-management.org/Public/CommentInput?Project=30641. Comments may also be
provided through the Federal rulemaking portal: http://www.regulations.gov.
2. Facsimile: Fax to: 503.224.1851. Please identify your comments
by including ``RIN 0596-AD06'' or ``planning directives'' on the cover
sheet or the first page.
3. U.S. Postal Service: The mailing address is: USDA Forest Service
Planning Directives Comments, P.O. Box 40088, Portland, OR 97240.
FOR FURTHER INFORMATION CONTACT: Annie Eberhart Goode, Planning
Specialist, Ecosystem Management Coordination Staff, 202-205-1056 or
703-605-4478.
SUPPLEMENTARY INFORMATION: The Forest Service has issued proposed
directives to Forest Service Handbook (FSH 1909.12) and Manual (FSM
1920) establishing procedures and responsibilities for implementing the
National Forest System (NFS) land management planning regulation set
out at 36 CFR part 219. This promulgated rule was published in the
Federal Register on April 9, 2012 (77 FR 21161).
Public Participation
Please note that the Forest Service will not be able to receive
hand-delivered comments. In addition, please note that all comments,
including names and addresses when provided, will be placed in the
record and available for public inspection and copying. The Agency
cannot confirm receipt of comments. Individuals wishing to inspect
comments should call Jody Sutton at 801-517-1020 to schedule an
appointment.
These proposed directives are a revision of Forest Service Handbook
(FSH) 1919.12 and Forest Service Manual (FSM) 1920. Copies of the
proposed directives are available on the World Wide Web/Internet at
http://www.fs.usda.gov/goto/planningrule/directives. Copies may be
obtained by contacting one of the following Regional Offices:
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Region Phone No. Address
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Northern Region--R1........... 406-329-3511 Street Address: 200
E. Broadway,
Missoula, MT 59802.
................. Mailing address: P.O.
Box 7669, Missoula,
MT 59807-7669.
Rocky Mountain Region--R2..... 303-275-5350 Street Address: 740
Simms St., Golden,
CO 80401.
Mailing address: P.O.
Box 25127, Lakewood,
CO 80225-0127.
Southwestern Region--R3....... 505-842-3292 333 Broadway SE.,
Albuquerque, NM
87102.
Intermountain Region--R4...... 801-625-5605 324 25th Street,
Ogden, UT 84401.
Pacific Southwest Region--R5.. 707-562-8737 1323 Club Drive,
Vallejo, CA 94592.
Pacific Northwest Region--R6.. 503-808-2468 Street Address: 333
SW. First Avenue,
Portland, Oregon
97204.
Mailing address: P.O.
Box 3623, Portland,
OR 97208-3623.
Southern Region--R8........... 404-347-4095 1720 Peachtree Rd.
NW., Atlanta, GA
30309.
Eastern Region--R9............ 414-297-3600 626 East Wisconsin
Ave. Milwaukee, WI
53202.
Alaska Region--R10............ 907-586-8806 P.O. Box 21628,
Juneau, AK 99802-
1628.
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Readers are encouraged to obtain a copy of the proposed directives
to formulate their comments and provide input for the development of
the final planning directives.
Background
On April 9, 2012, the U. S. Department of Agriculture (Department
or USDA) adopted final planning regulations for the NFS at 36 CFR part
219 (77 FR 21161). These regulations, known collectively as the 2012
Planning Rule, provide broad programmatic direction in developing and
carrying out land management planning. The rule explicitly directs the
Chief of the Forest Service to establish planning procedures in the
Forest Service Directives System (36 CFR 219.1(c)).
The Forest Service is implementing the 2012 Planning Rule. Those
responsible officials that are implementing the 2012 Planning Rule must
follow the regulations at 36 CFR 219 and applicable existing Forest
Service Directives until they are superseded.
The Forest Service Directives System consist of the Forest Service
Manual (FSM) and the Forest Service Handbook (FSH), which contain the
Agency's policies, practices, and procedures, and serves as the primary
basis for the internal management and control of programs and
administrative direction to Forest Service employees. The directives
for all Agency programs are set out on the World Wide Web/Internet at
http://www.fs.fed.us/im/directives.
Specifically, the FSM contains legal authorities, objectives,
policies, responsibilities, instructions, and guidance needed on a
continuing basis by Forest Service Line Officers and primary staff to
plan and execute programs and activities. The FSH is the principal
source of specialized guidance and instruction for carrying out the
policies, objectives, and responsibilities contained in the FSM.
For these proposed directives, both the FSM and the FSH provide
policy direction, objectives, instructions, and guidance for Forest
Service Line Officers and primary staff to plan and execute the process
of developing, revising, amending, and making administrative changes to
plans.
Content of Proposed Directives
The following is an overview of the contents of the proposed
directives.
FSM 1920--Land Management Planning Manual
This Forest Service Manual describes a process for developing,
revising, amending, and making administrative changes to land
management plans for the National Forest System (NFS). It includes
authorities and responsibilities. It should be used in conjunction with
the FSH.
FSH 1909.12--Land Management Planning Handbook
This FSH provides policy direction, objectives, instructions and
guidance for the process of developing, revising, amending, and making
administrative changes to plans for the NFS. It includes authorities
and responsibilities.
[[Page 13318]]
Zero Code
The section known as the zero code contains authorities,
responsibilities, and select definitions applicable to subsequent
chapters.
Chapter 10--The Assessment
This chapter describes the procedures for writing an assessment for
development, amendment, or revision of land management plans.
Chapter 20--Land Management Plan
This chapter describes the land management plan under the 2012
Planning Rule and explains the procedures for developing, amending, and
revising land management plans.
Chapter 30--Monitoring
This chapter describes the plan monitoring program, broader-scale
monitoring strategy, and biennial evaluation of the monitoring
information for land management planning.
Chapter 40--Key Processes Supporting Land Management Planning
This chapter describes the adaptive management framework, use of
best available scientific information, public participation and the
role of collaboration, and tribal consultation as it relates to land
management plans.
Chapter 50--Objection Process
This chapter describes the process for the public to seek
administrative review of plans, plan revisions, and plan amendments
before their approval. This process is referred to as the objection
process.
Chapter 60--Forest Vegetation Resource Planning
This chapter provides procedures for developing plan components and
other plan content to meet National Forest Management Act (NFMA) and
planning rule requirements for identifying lands that are not suitable
for timber production, plan components for timber harvest for timber
production or other purposes, limitations on timber harvest, and
display of the planned timber sale program.
Chapter 70--Wilderness Evaluation
This chapter describes the process for identifying and evaluating
lands that may be suitable for inclusion in the National Wilderness
Preservation System and determining whether to recommend any such lands
for wilderness designation.
Chapter 80--Wild and Scenic River Evaluation
This chapter describes the process for identifying and evaluating
potential additions to the National Wild and Scenic Rivers System. This
chapter also addresses interim management of river segments determined
to be eligible and suitable, documentation of study results, as well as
the process for notifying Congress of agency wild and scenic river
recommendations.
Chapter 90--References
This chapter contains exhibits or references not easily found
electronically.
Regulatory Certifications
Regulatory Impact
This notice has been reviewed under USDA procedures and Executive
Order (E.O.) 12866, Regulatory Planning and Review. The Office of
Management and Budget (OMB) has reviewed this notice and has determined
that it is a significant action. The proposed directives would not have
an annual effect of $100 million or more on the economy nor adversely
affect productivity, competition, jobs, the environment, public health
or safety, nor State or local governments. The proposed directives
would not interfere with an action taken or planned by another agency
nor raise new legal or policy issues. Finally, the proposed directives
would not alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients of
such programs.
Moreover, the proposed directives have been considered in light of
E.O. 13272 regarding proper consideration of small entities and the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No
direct or indirect financial impact on small businesses or other
entities has been identified. Therefore, it is hereby certified that
these proposed directives will not have a significant economic impact
on a substantial number of small entities as defined by the act.
Environmental Impact
These proposed directives provide the detailed direction to agency
employees necessary to carry out the provisions of the final 2012
Planning Rule adopted at 36 CFR part 219 governing land management
planning. Forest Service Handbook 1909.15, section 31.12 (57 FR 43208;
September 18, 1992) excludes from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions.'' The Agency's conclusion is that these proposed
directives fall within this category of actions and that no
extraordinary circumstances exist as currently defined that require
preparation of an environmental assessment or an environmental impact
statement.
No Takings Implications
These proposed directives have been analyzed in accordance with the
principles and criteria contained in E.O. 12360, Governmental Actions
and Interference with Constitutionally Protected Property Rights, and
it has been determined that they would not pose the risk of a taking of
private property as they are limited to the establishment of
administrative procedures.
Energy Effects
These proposed directives have been analyzed under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined that they do not
constitute a significant energy action as defined in the Executive
Order.
Civil Justice Reform
These proposed directives have been reviewed under E.O. 12988,
Civil Justice Reform. These proposed directives will direct the work of
Forest Service employees and are not intended to preempt any State and
local laws and regulations that might be in conflict or that would
impede full implementation of these directives. The directives would
not retroactively affect existing permits, contracts, or other
instruments authorizing the occupancy and use of NFS lands and would
not require the institution of administrative proceedings before
parties may file suit in court challenging their provisions
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the effects of these proposed directives on State, local, and
Tribal governments, and on the private sector have been assessed and do
not compel the expenditure of $100 million or more by any State, local,
or Tribal government, or anyone in the private sector. Therefore, a
statement under section 202 of the act is not required.
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Federalism
The Agency has considered these proposed directives under the
requirements of E.O. 13132, Federalism. The Agency has made a
preliminary assessment that they conform with the federalism principles
set out in this Executive Order; would not impose any significant
compliance costs on the States; and would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Moreover,
these proposed directives address the land management planning process
on National Forests, Grasslands or other units of the NFS, which do not
directly affect the States. Based on comments received on these
proposed directives, the Agency will consider if any additional
consultation will be needed with State and local governments prior to
adopting final directives.
Consultation and Coordination With Indian Tribal Governments
The Forest Service will conduct government-to-government
consultation on the planning directives. The Forest Service considers
tribal consultation as an ongoing, iterative process that encompasses
development of the proposed directives through the issuance of final
directives. During development of the 2012 Planning Rule, between
September 23, 2010, and publication of the final rule on April 9, 2012,
the Agency held 16 consultation meetings across the Country. In
addition, Forest Service leaders held one-on-one meetings, as
requested, with tribal leaders throughout the time period of
development of the rule.
The Agency will contact all federally recognized Tribes and Alaska
Native Corporations by mail to formally initiate consultation on the
proposed directives and seek comments within 120 days.
Controlling Paperwork Burdens on the Public
These proposed directives do not contain any record keeping or
reporting requirements or other information collection requirements as
defined in 5 CFR part 1320 and, therefore, impose no paperwork burden
on the public. Accordingly, the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and implementing
regulations at 5 CFR part 1320 do not apply.
Chapter 50 of these proposed directives contains information
collection requirements as defined in 5 CFR part 1320. The information
collection requirements have been approved by the Office of Management
and Budget and assigned control number 0596-0158.
Conclusion
The Forest Service has developed these planning directives to set
forth the legal authorities, objectives, policy, responsibilities,
direction, and overall guidance for Forest Service Line Officers,
agency employees, and others to use the 2012 Planning Rule. The
proposed directives provide consistent interpretation of the 2012
Planning Rule for Line and Staff Officers, and interdisciplinary teams.
The 2012 Planning Rule and the proposed FSM and FSH sections
together provide requirements and guidance for the Agency to adaptively
manage the NFS to maintain and restore NFS land and water ecosystems
and protect species while providing for ecosystem services and multiple
uses. The proposed directives are intended to guide the development,
revision, and amendment of land management plans to provide for the
sustainability of ecosystems and resources; meet the need for forest
restoration and conservation, watershed protection, and species
diversity and conservation; and assist the Agency in providing a
sustainable flow of benefits, services, and uses of NFS lands that
provide jobs and contribute to the economic and social sustainability
of communities.
By seeking public notice and comment on these proposed directives,
the Agency is continuing its commitment to improve public involvement
and transparency in decisionmaking associated with developing,
amending, or revising a land management plan.
When the Agency offers the opportunity for public notice and
comment on a proposed revision of a Forest Service Manual or Handbook
revision, the Agency publishes a notice of a proposed revision with a
minimum 60-day comment period. The Agency then considers the comments,
makes any changes, drafts, and publishes a final Federal Register
notice explaining the final directive and the rationale for any changes
made from the propose. At a minimum, this process takes 6 months but
normally takes 9-12 months.
The Forest Service is committed to providing adequate opportunities
for the public to comment on administrative directives that are of
substantial public interest or controversy, as provided in the
regulations at 36 CFR part 216. All comments on these proposed
directives will be considered in the development of the final
directives. The full text of these proposed directives are available on
the World Wide Web/Internet at http://www.fs.usda.gov/goto/planningrule/directives. Single paper copies are available upon request
from the address and phone numbers listed earlier in this notice as
well as from the nearest Regional Office, the locations of which are
also available on the Washington Office headquarters homepage on the
World Wide Web/Internet: www.fs.fed.us/.
Dated: February 21, 2013.
Thomas L. Tidwell,
Chief.
[FR Doc. 2013-04470 Filed 2-26-13; 8:45 am]
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