[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6683-6687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02369]
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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 final directives.
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SUMMARY: On February 29, 2013, the Forest Service (Agency) proposed to
revise the 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
(collectively ``planning directives''). The final issuance of planning
directives, effective today, 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 was accepted until May 24, 2013. The Agency considered
all public comment, including recommendations from an advisory
committee formed pursuant to the Federal Advisory Committee Act (FACA),
in developing final planning directives.
DATES: These directives are effective January 30, 2015.
ADDRESSES: The Forest Service Manual and Handbook, including the
planning directives, are available electronically via the World Wide
Web/Internet at http://www.fs.fed.us/im/directives. Single paper copies
are available by contacting Annie Eberhart Goode, Forest Service, USDA,
Ecosystem Management Coordination Staff (Mail Stop 1104), 1400
Independence Avenue SW., Washington, DC 20250-1104. Additional
information and analysis, including a description of how the Agency
considered public comment, can be found at http://www.fs.usda.gov/main/planningrule/home.
FOR FURTHER INFORMATION CONTACT: Annie Eberhart Goode, Planning
Specialist, Ecosystem Management Coordination staff, (202) 205-1056.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at (800) 877-8339
between 8:00 a.m. and 8:00 p.m. Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
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
implementing land management plans. The rule explicitly directs the
Chief of the Forest Service to establish planning procedures in the
Forest Service Directives System (36 CFR 219.2(b)(5)(i). Those
Responsible Officials that are implementing the 2012 Planning Rule
shall follow the regulations at 36 CFR part 219 and the revised
planning directives.
The Forest Service Directives System consists 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
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.
FSM 1920 and FSH 1909.12 (planning directives) 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
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,
including economic benefits, services, and uses of NFS lands. The 2012
Planning Rule and the FSM 1920 and FSH 19092.12 together provide
requirements and guidance for the Agency in land management planning
pursuant to the National Forest Management Act.
On February 29, 2013, the Forest Service proposed to revise the
planning directives (FSM 1920 and FSH 1909.12) to ensure that the
Agency's planning directives are consistent with the 2012 Planning
Rule. Issuance of planning directives will provide consistent overall
guidance to Forest Service Line Officers and Agency employees in
developing, amending, or revising land management plans pursuant to the
2012 Planning Rule. Public comment was accepted until May 24, 2013. The
Agency considered all public comment in developing final planning
directives.
In addition to seeking public comment on the proposed directives,
the Agency considered recommendations from the Planning Rule
Implementation Federal Advisory Committee (FACA Committee), established
in June 2012 to advise the Secretary of Agriculture and the Chief of
the Forest Service regarding implementation of the 2012 Planning Rule.
The FACA Committee is comprised of 21 members who provide balanced and
broad representation of public interests including industry and user
groups; environmental organizations; conservation organizations;
recreation interests; members of the scientific community; State,
County, or local elected officials (or designee); Tribal
representatives; and other public interests. The initial FACA Committee
provided its recommendations regarding the
[[Page 6684]]
proposed Planning Directives in November, 2013. The previous
committee's membership expired in June 2014. The Secretary announced
August 12, 2014, the selection of 21 new members to the FACA committee.
The charter, background information, and other information for the
Planning Rule Advisory Committee can be found www.fs.usda.gov/main/planningrule/committee. The committee was rechartered in June, 2014 to
continue in an advisory capacity for an additional 2 years. The text of
the initial FACA Committee's recommendations can be found at http://www.fs.usda.gov/detail/planningrule/home/?cid=stelprdb5346267.
Content of Final Directives
The following is an overview of the content of the directives.
FSM 1920--Land Management Planning Manual. This Forest Service
Manual describes the responsibilities of Agency Line Officers and staff
regarding the 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.
Zero Code. The chapter known as the zero code contains authorities,
responsibilities, and select definitions applicable to subsequent
chapters, along with definitions and guidance applicable to all
sections of FSH 1909.12, such as direction on best available scientific
information (BASI) and adaptive management. The zero code also includes
exhibits or references not easily found electronically.
Chapter 10--The Assessment. This chapter provides direction
regarding 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 provides guidance for
developing, amending, and revising land management plans.
Chapter 30--Monitoring. This chapter provides direction regarding
the plan monitoring program, broader-scale monitoring strategy, and
biennial evaluation of information obtained from implementation of the
plan monitoring program.
Chapter 40--Public Participation. This chapter sets out direction
regarding provision of public participation opportunities and for
collaboration, intergovernmental participation, and Tribal consultation
relating to land management planning.
Chapter 50--Objection Process. This chapter sets out direction
regarding administration of the objection process that provides for
administrative review of plans, plan revisions, and plan amendments
before their approval.
Chapter 60--Forest Vegetation Resource Planning. This chapter
provides procedures for developing plan components and other plan
content to guide management of timber resources, including
identification of lands that are not suitable for timber production,
limitations on timber harvest, display of the planned timber sale
program, and components related to timber harvest for timber production
or other purposes.
Chapter 70--Wilderness Evaluation. This chapter provides direction
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 provides
direction for identifying and evaluating potential additions to the
National Wild and Scenic Rivers System. This chapter also includes
provisions on 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--Reserved.
Public Comments
The availability of proposed directives for public review and
comment was published in the Federal Register on February 27, 2013 (77
FR 35323). The public comment period closed on April 29, but the Agency
reopened the comment period for an additional 15 days to provide an
opportunity to gather additional public input to inform the Agency's
development of final planning directives. The Forest Service received
17,449 responses to the proposed directives, consisting of letters,
emails, Web-based submissions, and facsimiles. Of those, 370 were
unique letters, and the remaining 17,079 responses were form letters.
The responses were received from a wide variety of respondents from
more than 40 states, and came from the public and non-governmental
organizations as well as local governments and other State and Federal
agencies.
Public comment on the proposed planning directives addressed a wide
range of topics. Many people supported the proposed planning directives
or favored stronger guidance in particular areas, while others opposed
the proposed directives or recommended limitations or alternate
approaches to Agency policies related to land management planning. The
Forest Service considered all the comments in finalizing the
directives. This section provides a summary of revisions, by chapter,
made in response to public comment. A more detailed description of
public comments and the Agency's responses can be found at http://www.fs.usda.gov/planningrule.
The following is a chapter-by-chapter overview of the comments
provided about the directives and the Forest Service's response to
those comments.
Zero Code
Many comments were received regarding the use of best available
scientific information (BASI) and adaptive management. Some commenters
felt there was a lack of clear direction on how to implement adaptive
management, while other questions centered on the use of BASI.
Questions about BASI included objections to the detailed process for
its integration, questions about sources of scientific information, and
questions about how the Responsible Official will determine BASI.
After considering these comments, the Forest Service clarified and
modified the direction on BASI and adaptive management. The final
directive simplifies the direction on considering the accuracy and
reliability of information when making BASI determinations and
clarifying sections on BASI documentation attributes. In addition, the
direction on BASI and adaptive management was moved from Chapter 40 to
the chapter on zero code since they are relevant to all chapters.
Chapter 10. Assessment. Some comments about the assessment chapter
concerned recommendations for clarifying the purpose and scale of the
assessment and minimizing problems with data gaps. Other comments
concerned specific assessment topics, such as socio-economic
conditions, ecosystem services, and multiple uses. After considering
comments, the Agency revised Chapter 10 so that the guidance for
assessments more clearly defined terms and scale, reduced redundancy
within the directives, and
[[Page 6685]]
added sources of information. For example, the Agency clarified how to
identify species of conservation concern and the use of natural range
of variation in the assessment. In addition, the Agency clarified the
guidance for assessing the major contributions of the plan area to
social, cultural, and economic conditions from multiple uses, ecosystem
services, infrastructure, and administrative operations of the plan
area.
The Agency added a requirement for the Responsible Official to
publish a notice in the Federal Register to announce the beginning of
the assessment.
Chapter 20--Land Management Plan. Chapter 20 sets out the
procedures for developing, amending, and revising land management plans
under the 2012 Planning Rule. Comments on developing plans were
extensive, and ranged from general observations about the process to
specific comments about a variety of plan components and procedures.
Comments covered topics such as direction on water resources
management, fire management, and the role of recreation. For example,
some of the recreational concerns were that recreation was not clearly
addressed in the section that set out the matters to be considered
during plan revision. Commenters also had concerns about requiring the
inclusion of specific direction in plans, such as requiring plans to
include project consistency guidelines.
After considering these comments, the Forest Service made many
edits and clarifications. For example, the Agency clarified the
direction on the need to change the plan, and the requirements for
integrating plan components, such as desired conditions, standards,
guidelines, and objectives. The Agency added the direction that the
Responsible Official should complete the plan development or plan
revision, from the public notice of the assessment to final plan
approval, within 4 years. Other parts of Chapter 20 were rewritten or
replaced; for example, the section on recreation guidance was revised
to require application of the Recreation Opportunity Spectrum tool in
parts of the plan and to more clearly define sustainable recreation.
The Agency also enhanced guidance on how to coordinate required
National Environmental Policy Act (NEPA) procedures with the required
planning procedures. The Agency expanded sections for species of
conservation concern to give guidance on the responsibilities of the
Regional Forester, including guidance on managing new information. The
Agency clarified how the Responsible Official should design plan
components for ecological integrity and the influence of climate
change. The Agency also added a section to clarify how land management
plans give direction for designated areas.
Chapter 30--Monitoring. In general, comments on Chapter 30
emphasized the need to acknowledge and use consistent monitoring data
generated throughout the plan's lifecycle. Questions were also raised
about ensuring adequate funding to help ensure the success of
monitoring programs. Some commenters suggested specific changes to
information considered when identifying monitoring indicators. In
response to these comments, edits were made throughout the chapter to
improve clarity. The Agency added direction about questions and
indicators for social, cultural, and economic sustainability to the
guidance for monitoring progress toward meeting desired conditions and
objectives
Chapter 40--Public Participation. Comments on Chapter 40 regarding
adaptive management and best available science were reflected in
revisions to the zero code.
With regard to public participation, some commenters sought an
expanded discussion of how the Forest Service is to provide
opportunities for public involvement in the planning process. After
considering these comments, and to improve clarity, the content of
Chapter 40 was revised to focus on public participation only. Changes
to Chapter 40 included providing guidance on working with other public
agencies and tribes during the land management planning process. This
guidance includes a section on the participation of and consultation
with federally recognized Indian tribes, Alaska Native Corporations,
other Federal agencies, and State and local governments. Also, Chapter
40 provides guidance on coordinating the public engagement processes
required by both the 2012 Planning Rule and NEPA. The additional
guidance identifies the requirements for formal notices and other forms
of outreach to the public.
Chapter 50--Objection Process. There were few comments on the
objection process, and the majority of these asked for clarifications
regarding various parts of the objection process. In response, the
Agency added definitions and clarifications throughout the chapter,
including clarification of who is eligible to object or participate as
an interested person. Some commenters wanted to see the entire
objection process eliminated. The Agency responded that the objection
process could not be eliminated, as the 2012 Planning Rule mandates it.
Revisions to Chapter 50 were also made to clarify the Reviewing
Officer's discretion in managing resolution meetings.
Chapter 60--Forest Vegetation Resource Planning. Comments focused
on various aspects of the guidance on National Forest Management Act
(NFMA) requirements and 2012 Planning Rule requirements. This included
aspects related to identifying lands suitable for timber production,
and plan components needed to comply with NFMA requirements for timber
harvest. The Forest Service was also asked to clarify various terms and
definitions in the chapter, including the calculation of long-term
sustained yield capacity and other measures of timber volume. After
considering comments, the Forest Service made changes to the chapter to
improve clarity by revising narratives, adding displays, and adopting a
new set of terminology and definitions for measures of timber volume.
Chapter 70--Wilderness Planning. A significant percentage of the
comments received concerned Chapter 70, which describes the process
during land management planning of inventorying, evaluating, and
analyzing National Forest System lands for possible inclusion in the
National Wilderness Preservation System. Many respondents sent a form
letter which was generally supportive of the broadly inclusive nature
of the procedure outlined for inventorying and evaluating potential
wilderness lands. The letter also urged the Forest Service to go
further in the preservation of potential wilderness areas by
prohibiting all motorized uses from potential wilderness areas, pending
designation decisions. Other respondents sent a form letter expressing
views highly critical of the new inventory and evaluation process, and
objecting to what was perceived as the creation of de facto wilderness
without Congressional approval. Respondents also commented that
identifying broad areas of Forest lands as potential wilderness and
managing them for wilderness qualities would effectively eliminate
motorized recreation uses across large sections of Forests.
Additional concerns focused on the inventory process, seeking
clarification on how inventories would be conducted, whether existing
inventory data could be included, and the criteria to be used for
wilderness inventories. Concerns also focused on the management of
recommended wilderness areas, including whether or not recommended
areas should be managed as wilderness.
[[Page 6686]]
After considering comments, the Forest Service edited Chapter 70 to
clarify the inventory process including the use of existing
information, previous decisions, travel management, travel analysis,
public engagement, and government to government engagement. In
addition, the Agency retained the approach included in the proposed
directives to keep the inventory process broad, inclusive, and
transparent to the public, but the final directives eliminate from the
inventory areas that contain certain types of roads. Finally, the
chapter was edited to clarify the range of management actions available
to the Responsible Official once a decision is made to recommend an
area for inclusion in the Wilderness Preservation System.
Chapter 80--Wild and Scenic River Planning. Some commenters were
concerned about the process for identifying and evaluating potential
Wild and Scenic Rivers during plan revisions. Most of these concerns
focused on the inventory process, and commenters sought clarification
on elements such as river segment eligibility. After considering
comments, the Agency reorganized the chapter and made several
clarifications, including clarifying the process for identifying river
eligibility. Chapter 80 was also revised to clarify interim management
of study rivers.
FACA Committee Recommendations
The FACA Committee provided recommendations regarding the proposed
directives to the Agency for consideration. The Agency substantially
incorporated the FACA Committee's recommendations into the final
directives. A detailed description of the Agency's response to each
recommendation from the FACA Committee can be found at http://www.fs.usda.gov/planningrule.
The following is a chapter-by-chapter overview of the FACA
Committee recommendations provided about the directives and the
Agency's response.
Forest Service Manual--The final directives reflect the FACA
Committee's recommendation to clarify intent for timing, objectives,
policies, and Responsible Official obligations regarding planning.
Zero code--The FACA Committee recommended revision of definitions
and inclusion of several new definitions, and the Agency both revised
the definitions section and included additional language in other
sections of the directives that support the definitions.
Chapter 10--Changes to the assessment's approach to social,
cultural, and economic conditions were incorporated into the final
directives, along with revisions recommended by the FACA Committee on
ecological concepts, transparency, adaptive management, climate change,
natural range of variation, recreation, and designation areas.
Chapter 20--Revisions related to the description of plan components
and the integration of multiple planning needs into land management
plans were incorporated into the final directives, along with revisions
recommended by the FACA Committee on social and economic
sustainability, ecosystem integrity, natural range of variation, and
water resources.
Chapter 30--FACA Committee recommendations related to the
monitoring program, including partnerships, were incorporated into the
final directives.
Chapter 40--Revisions recommended by the FACA Committee related to
notifications, outreach to underserved communities, and interaction
with Tribes, States, and local governments were incorporated into the
final directives.
Chapter 50--Revisions related to participation of interested
persons in the objection process and provisions related to transparency
were recommended by the FACA Committee and incorporated into the final
directives.
Chapter 60--Revisions related to monitoring timber management were
incorporated into the final directives, based on recommendations by the
FACA Committee.
Chapter 70--The FACA Committee recommended provisions to clarify
public participation opportunities, overall transparency in the
wilderness evaluation process, the inventory process and evaluation;
these approaches were included in the final directives.
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 because of the high level of public
interest in the Forest Service's land management planning activities,
which will be guided by the directives.
The final 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 final directives would not interfere with an
action taken or planned by another agency nor raise new legal or policy
issues. Finally, the final 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
final 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 final
directives will not have a significant economic impact on a substantial
number of small entities as defined by the act.
Environmental Impact
These final directives provide the detailed direction to Agency
employees necessary to carry out the final 2012 Planning Rule codified
at 36 CFR part 219 governing land management planning. Forest Service
NEPA procedures exclude from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish servicewide administrative procedures, program processes, or
instructions.'' 36 CFR 220.6(d)(2). The Agency's conclusion is that
these final 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 final directives have been analyzed in accordance with the
principles and criteria contained in E.O. 12360, Governmental Actions
and 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 final 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.
[[Page 6687]]
Civil Justice Reform
These proposed directives have been reviewed under E.O. 12988,
Civil Justice Reform. These final directives will guide 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 final 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.
Federalism
The Agency has considered these final directives under the
requirements of E.O. 13132, Federalism. The Agency has made an
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 final directives address
the land management planning process on National Forests, Grasslands or
other units of the NFS, and provide direction regarding the Agency's
interaction with State, local and Tribal governments, to ensure
consideration of concerns, impacts and opportunities.
Consultation and Coordination With Indian Tribal Governments
The Forest Service conducted 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. The Agency contacted all federally recognized Tribes and
Alaska Native Corporations by mail to formally initiate consultation on
the proposed directives and asked for comments within 120 days. Hopi
Nation Tribal leaders requested consultation and met with the Deputy
Regional Forester of Region 3 on June 6, 2013, to discuss the planning
directives. Written comments were received from tribes in California
and Oregon, the California Indian Water Commission and an Alaska native
corporation. Comments were focused on coordination and consultation
with tribes and Alaska native corporations.
Controlling Paperwork Burdens on the Public
These final 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. While most land management planning activities do not
involve information collection as defined in 5 CFR part 1320, the
Agency recognizes that a wide variety of strategies may be used
pursuant to the 2012 Planning Rule to engage the public in the planning
process. To ensure compliance with 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 in a timely manner to
support land management planning, the Agency has developed a generic
information collection which is currently under review by OMB and has
been assigned control number 0596-0234. In addition, Chapter 50 of
these final directives contains information collection requirements as
defined in 5 CFR part 1320. The information collection requirements for
the objection process to the land management plans has been approved by
OMB and assigned control number 0596-0158.
Dated: January 30, 2015.
Robert Bonnie,
Under Secretary, NRE.
[FR Doc. 2015-02369 Filed 2-5-15; 8:45 am]
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