National Forest System Land Management Planning Directives, 14637-14642 [05-5652]
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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Notices
be the Rocky Mountain Regional
Forester (FSM 2761.04).
The BLM Responsible Officials will
decide (1) if mineral withdrawals are
necessary to protect the significant
resources located at Jewel Cave and at
Inyan Kara, and (2) if so, what the
appropriate size of those withdrawals
should be.
Scoping Process
The proposal was listed in the
Schedule of Proposed Actions on
October 2004. The proposal was
provided to the public and other
agencies for comment during scoping
November 3 through December 5, 2004.
In addition, as part of the public
involvement process, the agency
provided maps and information on the
Black Hills National Forest Web site
(https://www.fs.fed.us/r2/blackhills).
Preliminary Issues
The Forest Service identified one
topic raised during scoping. This issue
is: The size of the withdrawals is too
large and will have adverse effects on
mining opportunities.
Dated: March 17, 2005.
Dorothy FireCloud,
Acting Deputy Forest Supervisor.
[FR Doc. 05–5704 Filed 3–22–05; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
SUMMARY: The Ravalli County Resource
Advisory Committee will be meeting to
review 2004 projects, receive reports on
the Forest Plan Revision, discuss public
outreach methods, and hold a short
public forum (question and answer
session). The meeting is being held
pursuant to the authorities in the
Federal Advisory Committee Act (Pub.
L. 92–463) and under the Secure Rural
Schools and Community SelfDetermination Act of 2000 (Public Law
106–393). The meeting is open to the
public.
DATES: The meeting will be held on
March 22, 2005, 6:30 p.m.
ADDRESSES: The meeting will be held at
the Ravalli County Administration
Building, 215 S. 4th Street, Hamilton,
Montana. Send written comments to
Daniel Ritter, Acting District Ranger,
Stevensville Ranger District, 88 Main
Street, Stevensville, MT 59870, by
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facsimile (406) 777–7423, or
electronically to dritter@fs.fed.us.
Public Affairs Officer Louis J. Haynes at
(530) 233–8846.
FOR FURTHER INFORMATION CONTACT:
Daniel Ritter, Acting District Ranger,
Stevensville District Ranger and
Designated Federal Officer, Phone: (406)
777–5461.
Stanley G. Sylva,
Forest Supervisor.
[FR Doc. 05–5705 Filed 3–22–05; 8:45 am]
Dated: March 15, 2005.
David T. Bull
Forest Supervisor.
[FR Doc. 05–5686 Filed 3–22–05; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AC02
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Resource Advisory
Committee Meeting
Modoc Resource Advisory
Committee, Alturas, California, USDA
Forest Service.
AGENCY:
ACTION:
Notice of meeting.
SUMMARY: Pursuant to the authorities in
the Federal Advisory Committees Act
(Pub. L. 92–463) and under the Secure
Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106–
393) the Modoc National Forest’s Modoc
Resource Advisory Committee will meet
Monday, April 4th, 2005, May 2nd,
2005 and June 6th, 2005 in Alturas,
California for business meetings. The
meetings are open to the public.
The
business meeting April 4th begins at 6
p.m., at the Modoc National Forest
Office, Conference Room, 800 West 12th
St., Alturas. Agenda topics will include
existing and future projects that meet
the intent of Pub. L. 106–393. Time will
also be set aside for public comments at
the beginning of the meeting.
The business meeting May 2nd begins
at 6 p.m.; at the Modoc National Forest
Office, Conference Room, 800 West 12th
St., Alturas. Agenda topics will include
existing and future projects that meet
the intent of Pub. L. 106–393. Time will
also be set aside for public comments at
the beginning of the meeting.
The business meeting June 6th begins
at 6 p.m.; at the Modoc National Forest
Office, Conference Room, 800 West 12th
St., Alturas. Agenda topics will include
existing and future projects that meet
the intent of Pub. L. 106–393. Time will
also be set aside for public comments at
the beginning of the meeting.
Stan
Sylva, Forest Supervisor and Designated
Federal Officer, at (530) 233–8700; or
FOR FURTHER INFORMATION CONTACT:
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National Forest System Land
Management Planning Directives
Forest Service, USDA.
Notice of issuance of agency
interim directives; request for comment.
AGENCY:
ACTION:
SUPPLEMENTARY INFORMATION:
Ravalli County Resource Advisory
Committee
14637
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SUMMARY: The Forest Service has issued
twelve (12) interim directives to Forest
Service Manuals 1330, 1900, and 1920
and Forest Service Handbook 1909.12
establishing procedures and
responsibilities for implementing the
National Forest land management
planning regulation set out at 36 CFR
part 219. The planning regulation was
published in the Federal Register on
January 5, 2005 (70 FR 1023). The
intended effect of issuance of these IDs
is to provide consistent overall guidance
to Forest Service line officers and
agency employees in developing,
amending, or revising land management
plans for units of the National Forest
System. Public comment is invited and
will be considered in developing final
directives.
DATES: Interim directive no. 1330–2005–
1, 1900–2005–1, 1920–2005–1, 1909.12–
2005–1, 1909.12–2005–2, 1909.12–
2005–3, 1909.12–2005–4, 1909.12–
2005–5, 1909.12–2005–6, 1909.12–
2005–7, 1909.12–2005–8, and 1909.12–
2005–9 is effective March 23, 2005.
Comments must be received in writing
by June 21, 2005.
ADDRESSES: Send written comments
concerning these interim directives
through one of the following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments;
E-mail: planningdirectives
@contentanalysis group.com. Include
‘‘RIN 0596-AC02’’ or ‘‘planning
directives’’ in the subject line of the
message. Fax: (801) 397–2601. Please
identify your comments by including
‘‘RIN 0596–AC02’’ or ‘‘planning
directives’’ on the cover sheet or the
first page. Mail: USDA Forest Service
Planning Directives, c/o Content
Analysis Group, PO Box 2000,
Bountiful, UT 84011–2000. For detailed
instructions on submitting comments
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and additional information on the
rulemaking process, see the ‘‘Public
Participation’’ heading in the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Regis Terney, Planning Specialist,
Ecosystem Management Coordination
Staff (202) 205–1552.
SUPPLEMENTARY INFORMATION:
Public Participation
Please note that the Forest Service
will not be able to receive handdelivered comments. If you intend to
submit comments in batched e-mails
from the same server, please be aware
that electronic security safeguards on
Forest Service and Department of
Agriculture computer systems for
prevention of commercial spamming
may limit batched e-mail access. The
Forest Service is interested in receiving
all comments on these interim
directives (ID’s). Therefore, please call
(801) 517–1020 to facilitate transfer of
comments in batched e-mail messages.
Please note that all comments, including
names and addresses when provided,
will be placed in the record and will be
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 ID’s are issued to Forest Service
Manual (FSM) 1330, 1900 Zero Code,
1920; and Forest Service Handbook
(FSH) 1909.12, chapters 10, 20, 30, 40,
50, 60, 70, and 80. Copies of the ID’s are
available on the World Wide Web/
Internet at https://www.fs.fed.us/emc/
nfma/index, or on a compact disc (CD).
Copies of the directives on CD can be
obtained by contacting Regis Terney by
e-mail (rterney@fs.fed.us) or by phone at
1–866–235–6652 or 202–205–1552.
Copies may also be obtained by
contacting one of the following Regional
Offices:
Northern Region: 200 E. Broadway,
Federal Building, PO Box 7669,
Missoula, MT 59807, (406) 329–3511,
TTY Telephone: 406–329–3675.
Rocky Mountain Region: Street Address,
740 Simms St, Golden, CO 80401,
Mailing address, PO Box 25127,
Lakewood CO 80225–0127, 303–275–
5350, TTY 303–275–5367.
Southwestern Region: 333 Broadway
SE., Albuquerque, NM 87102, (505)
842–3292, TTY: (505) 842–3198.
Intermountain Region: 324 25th Street,
Ogden, UT 84401, (801) 625–5306.
Pacific Southwest Region: 1323 Club
Drive, Vallejo, CA 94592, 707–562–
8737, TTY: 707–562–9130.
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Pacific Northwest Region: PO Box 3623,
333 SW First Avenue, Portland,
Oregon 97208–3623 USA, (503) 808–
2468.
Southern Region: Attn: Public Affairs,
1720 Peachtree Rd, NW., Atlanta, GA
30309.
Eastern Region—R9: 626 East Wisconsin
Ave., Milwaukee, WI 53202, Phone:
(414) 297–3600, TTY: (414) 297–3507.
Alaska Region: PO Box 21628, Juneau,
AK 99802–1628, (907) 586–8806,
TTY: 907–586–7921.
Readers are encouraged to obtain a
copy of the ID’s to formulate their
comments and provide input for the
development of the final planning
directives.
Background
On January 5, 2005, the Department
adopted final planning regulations for
the National Forest System at 36 CFR
part 219, subpart A (70 FR 1023). This
2004 planning rule provides 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 directives 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 https://
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.
Need for Interim Direction
Procedural and technical details
associated with implementing the 2004
planning rule at 36 CFR part 219 are
needed immediately for units to be able
to begin or adapt plan amendments or
plan revisions. About 42 revision efforts
are currently ongoing under the 1982
planning rule. The unit supervisors for
all of these revisions have the option of
transitioning to the 2004 planning rule.
These ID’s provide unit supervisors
additional information so they may
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make an informed decision on whether
to modify their existing planning
processes to conform to the 2004 rule,
or finish their revision efforts under the
1982 planning rule.
Likewise, about 4 to 5 units should be
initiating their revision efforts this year.
It is imperative that these units start off
on the right foot in a consistent manner.
This consistency is necessary so the
American public that is interested in
more than one unit, does not become
confused and questions why units are
revising plans differently.
Content of Interim Directives
The following is an overview of what
the ID’s contain related to land
management planning.
Forest Service Manual
FSM 1330—New Management Strategies
The ID removes new perspectives in
ecosystem management from the
content of the chapter. FSM 1331 adds
guidance for carrying out environmental
management systems and how to
conform to the consensus standard
developed by the International
Organization for Standardization (ISO)
and adopted by the American National
Standards Institute, as ISO 14001:
Environmental Management Systems:
Specification With Guidance For Use.
FSM 1900—Planning—Zero Code
Chapter
In general, the zero code sections of
the directive coding scheme are used to
identify general instructions, such as
authority, objectives, and policy that
apply to all subsequent direction within
the section where the zero code is set
out. The ID to the zero code chapter
changes definitions to make them
consistent with the 2004 planning rule,
removes direction on The Forest and
Rangeland Renewable Resources
Planning Act of 1974 (RPA) program,
and replaces it with direction on the
Forest Service’s Strategic Plan.
FSM Chapter 1920—Land Management
Planning
Section 1920.2—Objectives
The ID to this section revises
objectives 1 through 3 to reflect the
principles of the National Forest
Management Act of 1976 (NFMA),
including public participation,
interdisciplinary approach, and
multiple use. Objectives 4 and 5 update
sustainability wording.
Section 1920.3—Objectives
The ID adds that the responsible
official must conduct sustainability
evaluations within an area large enough
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to consider broad-scale factors and
trends over large landscapes when plans
are prepared or revised.
Section 1920.4—Responsibility
The ID reserves the authority to the
Chief to approve the schedule of plan
revisions at FSM 1920.41.
Section 1921—Land Management
Planning for 2004 Planning Rule
The ID changes the caption from
‘‘Regional Planning’’ to ‘‘Land
Management Planning for 2004
Planning Rule.’’ FSM 1921.03b adds
policy that project or activity decisions
should not be included in plans. FSM
1921.04 adds responsibilities for
Regional Foresters, Forest Supervisors,
responsible officials, and District
Rangers. FSM 1921.06 adds
requirements for plan documents. FSM
1921.1 includes direction on what
constitutes a plan and describes (1)
desired conditions, (2) guidelines, (3)
identification of areas generally suitable
for various uses, (4) evaluation and
monitoring, (5) National Forest
Management Act requirements for
vegetation management, (6) objectives,
(7) resource integration requirements,
and (8) special areas. FSM 1921.15
describes requirements for identification
of areas generally suitable for various
uses. FSM 1921.16 provides an exhibit
on special designated areas, including
designating official, and crossreferences.
FSM 1921.17 adds a section on
National Forest Management Act
requirements. FSM 1921.17a adds
requirements for vegetation
management in carrying out site-specific
projects. FSM 1921.17b adds
requirements for vegetation
management guidance in land
management plans. FSM 1921.17c adds
requirements for determining the
general suitability of lands for timber
harvest and identification of lands not
suitable for timber production with
reevaluation to occur every 10 years.
FSM 1921.17d adds requirements for
estimating long-term sustained-yield
capacity (LTSYC) and limitation on
timber harvest on ‘‘land where timber
harvest could occur’’ to equal to or less
than LTSYC, and exceptions to these
limitations of timber harvest. This is a
change in policy as existing policy
calculates LTSYC from timber
production lands only. FSM 1921.17e
adds requirements for guidelines of
maximum size limits for even-aged
regeneration harvest. FSM 1921.17f
adds requirements for guidelines of
culmination of mean annual increment
(CMAI) of growth and even-aged
regeneration harvest and clarifies when
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CMAI concept does not apply. FSM
1921.17g adds requirements for timber
management projections and other
National Forest Management Act of
1976 statutory requirements, including
description of likely forest management
systems, and adds a requirement that
these timber management projections in
a plan are not to be considered
decisions and that they may be
administratively corrected. FSM
1921.17h adds requirements for special
conditions or situations that involve
hazards to the various resources. FSM
1921.17i adds requirements for plan
guidance on restocking.
FSM 1921.18 adds requirements for
establishment of performance measures
and monitoring questions within land
management plans and provides a crossreference to FSM 1921.5.
FSM 1921.2 includes direction on
plan evaluation and includes an exhibit
showing the cycle of planning. FSM
1921.21 describes management review
of evaluations and environmental
management systems (EMS) information
to determine if changes are needed in
plan components. FSM 1921.3 includes
an exhibit that shows the normal
sequence of actions for plans, plan
amendments, and plan revisions. FSM
1921.31 describes the need for change in
plan components and FSM 1921.32
describes how to amend a plan. FSM
1921.33 describes a plan revision. FSM
1921.4 describes plan implementation
and FSM 1921.5 describes plan
monitoring. FSM 1921.6 describes
public participation, collaboration,
consultation, and notification
requirements.
FSM 1921.7 describes social and
economic evaluation, civil rights and
environmental justice issues, ecological
evaluation, ecosystem diversity, species
diversity, and plan components for
sustainability. This ID establishes at
FSM 1921.74 that the rigor of analysis
should be proportional to the level of
risk to ecosystems and species. A key
requirement at FSM 1921.77c states that
for species-of-concern, the plan must
provide for habitats that are of sufficient
quality, distribution, and abundance to
allow species populations to be well
distributed and interactive, within the
bounds of the life history, distribution,
and natural population fluctuations of
the species and the capability of the
landscape across the plan area.
FSM 1921.8 describes the role of
science in planning, including
uncertainty, risk, independent peer
reviews, and documentation. FSM
1921.9 provides guidance for carrying
out environmental management
systems.
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Section 1922—Land Management
Planning for 1982 Planning Rule
There are minor editorial changes
within this section. The caption is
changed to ‘‘Land Management
Planning for 1982 Planning Rule,’’
previously titled ‘‘Forest Planning.’’
Section 1923—Wilderness Evaluation
At FSM 1923, the term ‘‘roadless
area’’ is changed to ‘‘potential
wilderness area’’ to avoid confusion
with the areas identified in the Forest
Service Roadless Area Conservation,
Final Environmental Impact Statement,
Volume 2, dated November 2000.
Guidance is added on what areas should
be subject to evaluation based on text
from the 1982 planning rule.
Responsibilities are added for the
Forest, Grassland, or Prairie Supervisor.
Guidance is added on when a legislative
environmental impact statement is
required. Finally minor changes are
made to text to agree with the 2004
planning rule.
Section 1924—Wild and Scenic River
Evaluation
At FSM 1924, policy is added to
complete legislatively mandated studies
within a specified study period to
clarify conditions under which previous
river studies may need to be revisited.
A responsibility is added for the
Regional Forester to prepare legislative
proposals for river proposals and one
was added for Forest, Grassland, or
Prairie Supervisor to approve
management direction for rivers found
eligible or recommended for
designation. At FSM 1924.2, a section is
added to provide interim management
of eligible or suitable rivers. Current text
at FSH 1909.12, chapter 8, section 8.12
regarding interim management of study
rivers is moved to FSM 1924.2.
Section 1925—Management of
Inventoried Roadless Areas
This section provides a crossreference to another interim directive
(no. 1920–2004–1) on inventoried
roadless areas, which became effective
on July 16, 2004.
Section 1926—Objection Process
This section provides guidance for the
pre-decisional objection process,
including guidance on: Computation of
periods, evidence of timely filing, lead
objector, dismissal of objections, time
frames for resolving objections, response
of reviewing officials, and maintaining
records.
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Section 1927—Backcountry and
Primitive Areas
Chapter 30—Public Participation,
Collaboration, and Notification
This section establishes a reserved
code for backcountry and primitive
areas for issuances of an interim
directive or field supplementation.
This chapter provides guidance on
how to do the public participation,
collaboration, and notification process
and describes each party’s
responsibilities and relationships in
these processes.
Forest Service Handbook
Chapter 40—Science and Sustainability
FSH 1909.12—Land Management
Planning Handbook
The ID to this handbook includes a
change from a 1 digit chapter coding
scheme to a 2 digit coding scheme. For
example, chapter 9 becomes chapter 90.
The current direction in chapters 1, 2,
3, 4, 5, and 6 is removed in its entirety
and those chapters, with two digit
coding, are revised to be consistent with
the 2004 planning rule at 36 CFR part
219. Chapters 70 and 80 (formerly
chapters 7 and 8), and the zero code
chapter contain revisions to assure
consistency with the 2004 planning
rule.
Chapter 10—Land Management Plan
This chapter provides direction on
what constitutes a plan and multilevel
planning. A 19-page exhibit in section
11 provides examples of plan
components, pre-proposal analysis, and
site-specific project proposals. Section
12 includes guidance on the three parts
of a plan: vision, strategy, and design
criteria displayed in the plan model at
https://www.fs.fed.us/emc/nfma/
index.html. Section 12 includes several
exhibits: Including (1) an outline of a
plan and (2) a sample environmental
management systems policy and (3)
sample plan components. Section 13
includes guidance on the monitoring
program and associated performance
measures. Section 14 includes guidance
on resource integration requirements for
air, water, fire, recreation, heritage
resources, minerals, range, travel
management, and land use.
Chapter 20—The Adaptive Planning
Process
This chapter provides guidance on the
adaptive planning process and includes
procedural steps for amending and
revising plans. Section 24 describes how
to review and evaluate a plan and
provides guidance on evaluation report
content and format. Section 25 describes
how to amend or revise a plan. Section
28 describes content for the approval
document for plan development, plan
amendment, or plan revision. Section 29
describes the application of plan
direction to projects.
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This chapter provides guidance on
sustainability. Section 41 is reserved to
provide a location for field
supplementation on the role of science.
Section 42 describes social and
economic sustainability and provides a
framework for social and economic
evaluation. Section 43 describes
ecological sustainability and describes
how to analyze ecosystem diversity and
species diversity. The steps in the
ecosystem diversity analysis include:
1. Selecting the appropriate scales;
2. Identifying the characteristics of
ecosystem diversity that will be the
focus of the analysis;
3. Developing information on the
range of variation;
4. Describing the current condition of
the selected characteristics;
5. Describing the current condition of
disturbance regimes;
6. Evaluating the status of the selected
characteristics of ecosystem diversity;
7. Describing risks to selected
characteristics of ecosystem diversity;
and
8. Developing plan components for
ecosystem diversity.
The steps in the species diversity
analysis include:
1. Establishing the ecosystem context
for species;
2. Identifying listed species, speciesof-concern, and species-of-interest;
3. Screening species-of-concern and
species-of-interest for further detailed
consideration in the planning process;
4. Collecting information;
5. Identifying species groups/
surrogate species for analysis and
management; and
6. Developing plan components for
listed species, species-of-concern, and
species-of-interest.
Section 43.22 provides guidance to
responsible officials in identifying
species-of-concern and species-ofinterest. For instance, it states that the
responsible official may identify species
with ranks of G–1 through G–3 on the
NatureServe ranking system as speciesof-concern. Additionally, section 43.22b
specifies how responsible officials may
identify species-of-interest. For
example, it states that the responsible
official may identify species-of-interest
with ranks of S–1 and S–2 on the
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NatureServe ranking system as deemed
appropriate by the responsible official.
Species-of-interest may include hunted,
fished, and other species identified
cooperatively with State fish and
wildlife agencies consistent with the
Sikes Act.
Chapter 50—Plan Set of Documents
This chapter provides direction on
what constitutes a record, records
required by the planning rule, record
specifications, retention of records, and
a record checklist.
Chapter 60—Forest Vegetation Resource
Planning
This chapter adds guidance on timber
and forest vegetation resource planning,
including guidance on identifying lands
generally suitable for timber production,
suitability determinations at the project
level, and long-term sustained-yield
capacity.
Chapter 70—Wilderness Evaluation
This chapter revises terminology to be
consistent with the terminology used in
the 2004 planning rule. For instance,
requirements for evaluation are changed
from ‘‘during the development of the
forest plan’’ to ‘‘during developing or
revising a land management plan’’ and
terms such as ‘‘roadless areas’’ to ‘‘areas
or lands.’’ Changing the term ‘‘roadless
areas’’ to ‘‘areas or lands’’ avoids
confusion with the term ‘‘inventoried
roadless areas.’’ ‘‘Inventoried roadless
areas’’ are those areas identified in a set
of inventoried roadless area maps,
contained in Forest Service Roadless
Area Conservation, Final Environmental
Impact Statement, Volume 2, dated
November 2000. Section 74 adds
requirements for wilderness evaluation
documentation and is direction
previously found in section 4.19c.
Other changes are made to update the
chapter, including removing outdated
wording because the direction is not
needed, or not applicable. For instance,
at section 71.1 at paragraph 1, language
discussing the statutory definition of
wilderness is removed. In section 71.12,
paragraph 4 pertaining to location of an
area conducive to the perpetuation of
wilderness values is removed. In section
72.1, (1) language discussing the range
of geological, biological, or ecological
strata is removed; (2) the list of activities
considered for primitive and
unconfined recreation is revised; (3)
wording associated with outdoor
education and scientific study and
special scenic features is removed; and
(4) wording pertaining to how
boundaries affect the manageability of
an area is removed.
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Chapter 80—Wild and Scenic River
Evaluation
This chapter revises terminology,
such as the term ‘‘study report’’ to
‘‘study report/EIS’’ and updates
terminology, such as, ‘‘management
prescriptions’’ to ‘‘management
direction,’’ and so forth. In addition,
chapter 80 provides more explicit
guidance for the Wild and Scenic Rivers
(WSRs) study process that is consistent
with a November 21, 1996,
memorandum to Regional Foresters
from the Directors, Ecosystem
Management Coordination and
Recreation, Heritage, and Wilderness
Resources Staffs, Washington Office,
with the U.S. Department of
Agriculture-U.S. Department of the
Interior Guidelines, and with the river
study direction of other Federal
agencies. These changes strengthen and
reinforce the linkage of the river study
process to land management planning.
In addition, the content of original
8.12—Interim Management of Study
Rivers is moved to FSM 1924.2 and
combined with portions of the original
section 8.2.
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
substantive, nonsignificant. The ID’s
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 ID’s would not
interfere with an action taken or
planned by another agency nor raise
new legal or policy issues. Finally, the
ID’s 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 ID’s have been
considered in light of Executive Order
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 ID’s will
not have a significant economic impact
on a substantial number of small entities
as defined by the act.
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16:27 Mar 22, 2005
Jkt 205001
Environmental Impact
These ID’s provide the detailed
direction to agency employees necessary
to carry out the provisions of the final
2004 planning rule adopted at 36 CFR
part 219 governing land management
planning. Section 31.12 of Forest
Service Handbook 1909.15 (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 ID’s 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 ID’s have been analyzed in
accordance with the principles and
criteria contained in Executive Order
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 ID’s have been analyzed under
Executive Order 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 ID’s have been reviewed under
Executive Order 12988, Civil Justice
Reform. These ID’s 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 National Forest System 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
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
14641
of these ID’s 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 ID’s
under the requirements of Executive
Order 13132, Federalism. The agency
has made a preliminary assessment that
the ID’s 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 ID’s address the land management
planning process on National Forests,
Grasslands or other units of the National
Forest System, which do not directly
affect the States. Based on comments
received on these ID’s, 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
These ID’s do not have tribal
implications as defined by Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, and therefore, advance
consultation with Tribes is not required.
Controlling Paperwork Burdens on the
Public
These ID’s 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.
Conclusion
These ID’s provide consistent
interpretation of the 2004 planning rule
for line and staff officers, and
interdisciplinary teams. As a
consequence, the agency can fulfill its
commitment to improve public
involvement and decisionmaking
associated with developing, amending,
or revising a land management plan.
The Forest Service has developed these
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Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Notices
planning directives to set forth the legal
authorities, objectives, policy,
responsibilities, direction, and overall
guidance needed by Forest Service line
officers, agency employees, and others
to use the 2004 planning rule.
Normally, when the agency
determines that public notice and
opportunity to comment are necessary
on 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. At a minimum, this process
takes 6 months and usually takes 9–12
months. Such a delay in issuing
planning directives would perpetuate
uncertainty and confusion and delay
units from beginning or adjusting plan
amendments or revisions with
interested and affected publics.
Consequently, the agency has elected
to issue interim directives and to make
them immediately effective. An interim
directive expires 18 months from
issuance and may be reissued only once
for a total duration of 36 months.
Thereafter, the direction must be
incorporated into an amendment or
allowed to expire.
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.
Because it is important to provide Forest
Service units with interim direction to
ensure consistent interpretation of the
2004 planning rule, the agency is
issuing these ID’s and making them
effective immediately. However,
pursuant to 36 CFR 216.7, the Forest
Service is now also requesting public
comment on these ID’s.
All comments will be considered in
the development of final directives. The
full text of these Manuals and Handbook
references are available on the World
Wide Web at https://
www.fs.fed.us.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 location of
which are also available on the
Washington Office headquarters
homepage on the World Wide Web at
https://www.fs.fed.us.
VerDate jul<14>2003
16:27 Mar 22, 2005
Jkt 205001
Dated: March 8, 2005.
Peter J. Roussopoulos,
Acting Chief.
[FR Doc. 05–5652 Filed 3–22–05; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
Authority: Pub. L. 94–582, 90 Stat. 2867,
as amended (7 U.S.C. 71 et seq.).
[05–AZ–S]
Designation for the Southwest Arizona
Area
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Notice.
AGENCY:
SUMMARY: Grain Inspection, Packers and
Stockyards Administration (GIPSA)
announces designation of Farwell
Commodity and Grain Services, Inc.
(Farwell Southwest) to provide official
services under the United States Grain
Standards Act, as amended (Act).
DATES: Effective Date: April 1, 2005.
ADDRESSES: USDA, GIPSA, Janet M.
Hart, Chief, Review Branch, Compliance
Division, STOP 3604, Room 1647–S,
1400 Independence Avenue, SW.,
Washington, DC 20250–3604.
FOR FURTHER INFORMATION CONTACT:
Janet M. Hart at (202) 720–8525, e-mail
Janet.M.Hart@usda.gov.
SUPPLEMENTARY INFORMATION: This
action has been reviewed and
determined not to be a rule or regulation
as defined in Executive Order 12866
and Departmental Regulation 1512–1;
therefore, the Executive Order and
Departmental Regulation do not apply
to this action.
In the December 8, 2004, Federal
Register (69 FR 70993) GIPSA asked
persons interested in providing official
services in Maricopa, Pinal, Santa Cruz,
and Yuma Counties, Arizona, to submit
an application for designation.
Applications were due by January 7,
2005.
There was one applicant for the
Southwest Arizona area. Richard Dan
Prince, proposing to do business as
Farwell Commodity and Grain Services,
Inc., applied for designation in the
entire area named in the December 8,
2004, Federal Register.
GIPSA asked for comments on
Farwell Southwest in the February 8,
2005, Federal Register (70 FR 6612).
Comments were due by March 10, 2005.
GIPSA received no comments by the
closing date.
GIPSA evaluated all available
information regarding the designation
criteria in Section 7(f)(l)(A) of the Act
PO 00000
Frm 00008
and, according to section 7(f)(l)(B),
determined that Farwell Southwest is
able to provide official services in the
geographic areas specified in the
December 8, 2004, Federal Register, for
which they applied, effective April 1,
2005, and terminating March 31, 2008.
Interested persons may obtain official
services by calling Farwell Southwest
headquarters in Casa Grande, Arizona at
(520) 421–1027.
Fmt 4703
Sfmt 4703
David R. Shipman,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 05–5713 Filed 3–22–05; 8:45 am]
BILLING CODE 3410–EN–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
Sandia Mountain Tributaries Site 1
(Piedra Liza Dam), Sandoval County,
NM
Natural Resources
Conservation Service.
ACTION: Notice of a finding of no
significant impact.
AGENCY:
SUMMARY: Pursuant to Section 102(2)(c)
of the National Environmental Policy
Act of 1969; the Council on
Environmental Quality Regulations (40
CFR part 1500); and the Natural
Resources Conservation Service Rules (7
CFR part 650); the Natural Resources
Conservation Service, U.S. Department
of Agriculture, gives notice that an
environmental impact statement is not
being prepared for the rehabilitation of
Sandia Mountain Tributaries Site 1
(Piedra Liza Dam) in Sandoval County,
New Mexico.
FOR FURTHER INFORMATION CONTACT:
˜
Rosendo Trevino III; State
Conservationist; Natural Resources
Conservation Service; 6200 Jefferson,
NE; Albuquerque, NM 87109–3734;
telephone 505–761–4400.
SUPPLEMENTARY INFORMATION: The
environmental assessment (EA) of this
federally assisted action indicates that
the project will not cause significant
local, regional, or national effects on the
human environment. As a result of these
˜
findings, Rosendo Trevino III, State
Conservationist, has determined that the
preparation and review of an
environmental impact statement are not
needed for this project.
The project purpose is flood damage
reduction. The action includes the
rehabilitation of a floodwater retarding
E:\FR\FM\23MRN1.SGM
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Agencies
[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Pages 14637-14642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5652]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC02
National Forest System Land Management Planning Directives
AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of agency interim directives; request for
comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service has issued twelve (12) interim directives
to Forest Service Manuals 1330, 1900, and 1920 and Forest Service
Handbook 1909.12 establishing procedures and responsibilities for
implementing the National Forest land management planning regulation
set out at 36 CFR part 219. The planning regulation was published in
the Federal Register on January 5, 2005 (70 FR 1023). The intended
effect of issuance of these IDs is to provide consistent overall
guidance to Forest Service line officers and agency employees in
developing, amending, or revising land management plans for units of
the National Forest System. Public comment is invited and will be
considered in developing final directives.
DATES: Interim directive no. 1330-2005-1, 1900-2005-1, 1920-2005-1,
1909.12-2005-1, 1909.12-2005-2, 1909.12-2005-3, 1909.12-2005-4,
1909.12-2005-5, 1909.12-2005-6, 1909.12-2005-7, 1909.12-2005-8, and
1909.12-2005-9 is effective March 23, 2005. Comments must be received
in writing by June 21, 2005.
ADDRESSES: Send written comments concerning these interim directives
through one of the following methods: Federal Rulemaking Portal: http:/
/www.regulations.gov. Follow the instructions for submitting comments;
E-mail: planningdirectives @contentanalysis group.com. Include ``RIN
0596-AC02'' or ``planning directives'' in the subject line of the
message. Fax: (801) 397-2601. Please identify your comments by
including ``RIN 0596-AC02'' or ``planning directives'' on the cover
sheet or the first page. Mail: USDA Forest Service Planning Directives,
c/o Content Analysis Group, PO Box 2000, Bountiful, UT 84011-2000. For
detailed instructions on submitting comments
[[Page 14638]]
and additional information on the rulemaking process, see the ``Public
Participation'' heading in the SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist,
Ecosystem Management Coordination Staff (202) 205-1552.
SUPPLEMENTARY INFORMATION:
Public Participation
Please note that the Forest Service will not be able to receive
hand-delivered comments. If you intend to submit comments in batched e-
mails from the same server, please be aware that electronic security
safeguards on Forest Service and Department of Agriculture computer
systems for prevention of commercial spamming may limit batched e-mail
access. The Forest Service is interested in receiving all comments on
these interim directives (ID's). Therefore, please call (801) 517-1020
to facilitate transfer of comments in batched e-mail messages. Please
note that all comments, including names and addresses when provided,
will be placed in the record and will be 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 ID's are issued to Forest Service Manual (FSM) 1330, 1900
Zero Code, 1920; and Forest Service Handbook (FSH) 1909.12, chapters
10, 20, 30, 40, 50, 60, 70, and 80. Copies of the ID's are available on
the World Wide Web/Internet at https://www.fs.fed.us/emc/nfma/index, or
on a compact disc (CD). Copies of the directives on CD can be obtained
by contacting Regis Terney by e-mail (rterney@fs.fed.us) or by phone at
1-866-235-6652 or 202-205-1552. Copies may also be obtained by
contacting one of the following Regional Offices:
Northern Region: 200 E. Broadway, Federal Building, PO Box 7669,
Missoula, MT 59807, (406) 329-3511, TTY Telephone: 406-329-3675.
Rocky Mountain Region: Street Address, 740 Simms St, Golden, CO 80401,
Mailing address, PO Box 25127, Lakewood CO 80225-0127, 303-275-5350,
TTY 303-275-5367.
Southwestern Region: 333 Broadway SE., Albuquerque, NM 87102, (505)
842-3292, TTY: (505) 842-3198.
Intermountain Region: 324 25th Street, Ogden, UT 84401, (801) 625-5306.
Pacific Southwest Region: 1323 Club Drive, Vallejo, CA 94592, 707-562-
8737, TTY: 707-562-9130.
Pacific Northwest Region: PO Box 3623, 333 SW First Avenue, Portland,
Oregon 97208-3623 USA, (503) 808-2468.
Southern Region: Attn: Public Affairs, 1720 Peachtree Rd, NW., Atlanta,
GA 30309.
Eastern Region--R9: 626 East Wisconsin Ave., Milwaukee, WI 53202,
Phone: (414) 297-3600, TTY: (414) 297-3507.
Alaska Region: PO Box 21628, Juneau, AK 99802-1628, (907) 586-8806,
TTY: 907-586-7921.
Readers are encouraged to obtain a copy of the ID's to formulate
their comments and provide input for the development of the final
planning directives.
Background
On January 5, 2005, the Department adopted final planning
regulations for the National Forest System at 36 CFR part 219, subpart
A (70 FR 1023). This 2004 planning rule provides 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 directives 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 https://
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.
Need for Interim Direction
Procedural and technical details associated with implementing the
2004 planning rule at 36 CFR part 219 are needed immediately for units
to be able to begin or adapt plan amendments or plan revisions. About
42 revision efforts are currently ongoing under the 1982 planning rule.
The unit supervisors for all of these revisions have the option of
transitioning to the 2004 planning rule. These ID's provide unit
supervisors additional information so they may make an informed
decision on whether to modify their existing planning processes to
conform to the 2004 rule, or finish their revision efforts under the
1982 planning rule.
Likewise, about 4 to 5 units should be initiating their revision
efforts this year. It is imperative that these units start off on the
right foot in a consistent manner. This consistency is necessary so the
American public that is interested in more than one unit, does not
become confused and questions why units are revising plans differently.
Content of Interim Directives
The following is an overview of what the ID's contain related to
land management planning.
Forest Service Manual
FSM 1330--New Management Strategies
The ID removes new perspectives in ecosystem management from the
content of the chapter. FSM 1331 adds guidance for carrying out
environmental management systems and how to conform to the consensus
standard developed by the International Organization for
Standardization (ISO) and adopted by the American National Standards
Institute, as ISO 14001: Environmental Management Systems:
Specification With Guidance For Use.
FSM 1900--Planning--Zero Code Chapter
In general, the zero code sections of the directive coding scheme
are used to identify general instructions, such as authority,
objectives, and policy that apply to all subsequent direction within
the section where the zero code is set out. The ID to the zero code
chapter changes definitions to make them consistent with the 2004
planning rule, removes direction on The Forest and Rangeland Renewable
Resources Planning Act of 1974 (RPA) program, and replaces it with
direction on the Forest Service's Strategic Plan.
FSM Chapter 1920--Land Management Planning
Section 1920.2--Objectives
The ID to this section revises objectives 1 through 3 to reflect
the principles of the National Forest Management Act of 1976 (NFMA),
including public participation, interdisciplinary approach, and
multiple use. Objectives 4 and 5 update sustainability wording.
Section 1920.3--Objectives
The ID adds that the responsible official must conduct
sustainability evaluations within an area large enough
[[Page 14639]]
to consider broad-scale factors and trends over large landscapes when
plans are prepared or revised.
Section 1920.4--Responsibility
The ID reserves the authority to the Chief to approve the schedule
of plan revisions at FSM 1920.41.
Section 1921--Land Management Planning for 2004 Planning Rule
The ID changes the caption from ``Regional Planning'' to ``Land
Management Planning for 2004 Planning Rule.'' FSM 1921.03b adds policy
that project or activity decisions should not be included in plans. FSM
1921.04 adds responsibilities for Regional Foresters, Forest
Supervisors, responsible officials, and District Rangers. FSM 1921.06
adds requirements for plan documents. FSM 1921.1 includes direction on
what constitutes a plan and describes (1) desired conditions, (2)
guidelines, (3) identification of areas generally suitable for various
uses, (4) evaluation and monitoring, (5) National Forest Management Act
requirements for vegetation management, (6) objectives, (7) resource
integration requirements, and (8) special areas. FSM 1921.15 describes
requirements for identification of areas generally suitable for various
uses. FSM 1921.16 provides an exhibit on special designated areas,
including designating official, and cross-references.
FSM 1921.17 adds a section on National Forest Management Act
requirements. FSM 1921.17a adds requirements for vegetation management
in carrying out site-specific projects. FSM 1921.17b adds requirements
for vegetation management guidance in land management plans. FSM
1921.17c adds requirements for determining the general suitability of
lands for timber harvest and identification of lands not suitable for
timber production with reevaluation to occur every 10 years. FSM
1921.17d adds requirements for estimating long-term sustained-yield
capacity (LTSYC) and limitation on timber harvest on ``land where
timber harvest could occur'' to equal to or less than LTSYC, and
exceptions to these limitations of timber harvest. This is a change in
policy as existing policy calculates LTSYC from timber production lands
only. FSM 1921.17e adds requirements for guidelines of maximum size
limits for even-aged regeneration harvest. FSM 1921.17f adds
requirements for guidelines of culmination of mean annual increment
(CMAI) of growth and even-aged regeneration harvest and clarifies when
CMAI concept does not apply. FSM 1921.17g adds requirements for timber
management projections and other National Forest Management Act of 1976
statutory requirements, including description of likely forest
management systems, and adds a requirement that these timber management
projections in a plan are not to be considered decisions and that they
may be administratively corrected. FSM 1921.17h adds requirements for
special conditions or situations that involve hazards to the various
resources. FSM 1921.17i adds requirements for plan guidance on
restocking.
FSM 1921.18 adds requirements for establishment of performance
measures and monitoring questions within land management plans and
provides a cross-reference to FSM 1921.5.
FSM 1921.2 includes direction on plan evaluation and includes an
exhibit showing the cycle of planning. FSM 1921.21 describes management
review of evaluations and environmental management systems (EMS)
information to determine if changes are needed in plan components. FSM
1921.3 includes an exhibit that shows the normal sequence of actions
for plans, plan amendments, and plan revisions. FSM 1921.31 describes
the need for change in plan components and FSM 1921.32 describes how to
amend a plan. FSM 1921.33 describes a plan revision. FSM 1921.4
describes plan implementation and FSM 1921.5 describes plan monitoring.
FSM 1921.6 describes public participation, collaboration, consultation,
and notification requirements.
FSM 1921.7 describes social and economic evaluation, civil rights
and environmental justice issues, ecological evaluation, ecosystem
diversity, species diversity, and plan components for sustainability.
This ID establishes at FSM 1921.74 that the rigor of analysis should be
proportional to the level of risk to ecosystems and species. A key
requirement at FSM 1921.77c states that for species-of-concern, the
plan must provide for habitats that are of sufficient quality,
distribution, and abundance to allow species populations to be well
distributed and interactive, within the bounds of the life history,
distribution, and natural population fluctuations of the species and
the capability of the landscape across the plan area.
FSM 1921.8 describes the role of science in planning, including
uncertainty, risk, independent peer reviews, and documentation. FSM
1921.9 provides guidance for carrying out environmental management
systems.
Section 1922--Land Management Planning for 1982 Planning Rule
There are minor editorial changes within this section. The caption
is changed to ``Land Management Planning for 1982 Planning Rule,''
previously titled ``Forest Planning.''
Section 1923--Wilderness Evaluation
At FSM 1923, the term ``roadless area'' is changed to ``potential
wilderness area'' to avoid confusion with the areas identified in the
Forest Service Roadless Area Conservation, Final Environmental Impact
Statement, Volume 2, dated November 2000. Guidance is added on what
areas should be subject to evaluation based on text from the 1982
planning rule. Responsibilities are added for the Forest, Grassland, or
Prairie Supervisor. Guidance is added on when a legislative
environmental impact statement is required. Finally minor changes are
made to text to agree with the 2004 planning rule.
Section 1924--Wild and Scenic River Evaluation
At FSM 1924, policy is added to complete legislatively mandated
studies within a specified study period to clarify conditions under
which previous river studies may need to be revisited. A responsibility
is added for the Regional Forester to prepare legislative proposals for
river proposals and one was added for Forest, Grassland, or Prairie
Supervisor to approve management direction for rivers found eligible or
recommended for designation. At FSM 1924.2, a section is added to
provide interim management of eligible or suitable rivers. Current text
at FSH 1909.12, chapter 8, section 8.12 regarding interim management of
study rivers is moved to FSM 1924.2.
Section 1925--Management of Inventoried Roadless Areas
This section provides a cross-reference to another interim
directive (no. 1920-2004-1) on inventoried roadless areas, which became
effective on July 16, 2004.
Section 1926--Objection Process
This section provides guidance for the pre-decisional objection
process, including guidance on: Computation of periods, evidence of
timely filing, lead objector, dismissal of objections, time frames for
resolving objections, response of reviewing officials, and maintaining
records.
[[Page 14640]]
Section 1927--Backcountry and Primitive Areas
This section establishes a reserved code for backcountry and
primitive areas for issuances of an interim directive or field
supplementation.
Forest Service Handbook
FSH 1909.12--Land Management Planning Handbook
The ID to this handbook includes a change from a 1 digit chapter
coding scheme to a 2 digit coding scheme. For example, chapter 9
becomes chapter 90. The current direction in chapters 1, 2, 3, 4, 5,
and 6 is removed in its entirety and those chapters, with two digit
coding, are revised to be consistent with the 2004 planning rule at 36
CFR part 219. Chapters 70 and 80 (formerly chapters 7 and 8), and the
zero code chapter contain revisions to assure consistency with the 2004
planning rule.
Chapter 10--Land Management Plan
This chapter provides direction on what constitutes a plan and
multilevel planning. A 19-page exhibit in section 11 provides examples
of plan components, pre-proposal analysis, and site-specific project
proposals. Section 12 includes guidance on the three parts of a plan:
vision, strategy, and design criteria displayed in the plan model at
https://www.fs.fed.us/emc/nfma/. Section 12 includes several
exhibits: Including (1) an outline of a plan and (2) a sample
environmental management systems policy and (3) sample plan components.
Section 13 includes guidance on the monitoring program and associated
performance measures. Section 14 includes guidance on resource
integration requirements for air, water, fire, recreation, heritage
resources, minerals, range, travel management, and land use.
Chapter 20--The Adaptive Planning Process
This chapter provides guidance on the adaptive planning process and
includes procedural steps for amending and revising plans. Section 24
describes how to review and evaluate a plan and provides guidance on
evaluation report content and format. Section 25 describes how to amend
or revise a plan. Section 28 describes content for the approval
document for plan development, plan amendment, or plan revision.
Section 29 describes the application of plan direction to projects.
Chapter 30--Public Participation, Collaboration, and Notification
This chapter provides guidance on how to do the public
participation, collaboration, and notification process and describes
each party's responsibilities and relationships in these processes.
Chapter 40--Science and Sustainability
This chapter provides guidance on sustainability. Section 41 is
reserved to provide a location for field supplementation on the role of
science. Section 42 describes social and economic sustainability and
provides a framework for social and economic evaluation. Section 43
describes ecological sustainability and describes how to analyze
ecosystem diversity and species diversity. The steps in the ecosystem
diversity analysis include:
1. Selecting the appropriate scales;
2. Identifying the characteristics of ecosystem diversity that will
be the focus of the analysis;
3. Developing information on the range of variation;
4. Describing the current condition of the selected
characteristics;
5. Describing the current condition of disturbance regimes;
6. Evaluating the status of the selected characteristics of
ecosystem diversity;
7. Describing risks to selected characteristics of ecosystem
diversity; and
8. Developing plan components for ecosystem diversity.
The steps in the species diversity analysis include:
1. Establishing the ecosystem context for species;
2. Identifying listed species, species-of-concern, and species-of-
interest;
3. Screening species-of-concern and species-of-interest for further
detailed consideration in the planning process;
4. Collecting information;
5. Identifying species groups/surrogate species for analysis and
management; and
6. Developing plan components for listed species, species-of-
concern, and species-of-interest.
Section 43.22 provides guidance to responsible officials in
identifying species-of-concern and species-of-interest. For instance,
it states that the responsible official may identify species with ranks
of G-1 through G-3 on the NatureServe ranking system as species-of-
concern. Additionally, section 43.22b specifies how responsible
officials may identify species-of-interest. For example, it states that
the responsible official may identify species-of-interest with ranks of
S-1 and S-2 on the NatureServe ranking system as deemed appropriate by
the responsible official. Species-of-interest may include hunted,
fished, and other species identified cooperatively with State fish and
wildlife agencies consistent with the Sikes Act.
Chapter 50--Plan Set of Documents
This chapter provides direction on what constitutes a record,
records required by the planning rule, record specifications, retention
of records, and a record checklist.
Chapter 60--Forest Vegetation Resource Planning
This chapter adds guidance on timber and forest vegetation resource
planning, including guidance on identifying lands generally suitable
for timber production, suitability determinations at the project level,
and long-term sustained-yield capacity.
Chapter 70--Wilderness Evaluation
This chapter revises terminology to be consistent with the
terminology used in the 2004 planning rule. For instance, requirements
for evaluation are changed from ``during the development of the forest
plan'' to ``during developing or revising a land management plan'' and
terms such as ``roadless areas'' to ``areas or lands.'' Changing the
term ``roadless areas'' to ``areas or lands'' avoids confusion with the
term ``inventoried roadless areas.'' ``Inventoried roadless areas'' are
those areas identified in a set of inventoried roadless area maps,
contained in Forest Service Roadless Area Conservation, Final
Environmental Impact Statement, Volume 2, dated November 2000. Section
74 adds requirements for wilderness evaluation documentation and is
direction previously found in section 4.19c.
Other changes are made to update the chapter, including removing
outdated wording because the direction is not needed, or not
applicable. For instance, at section 71.1 at paragraph 1, language
discussing the statutory definition of wilderness is removed. In
section 71.12, paragraph 4 pertaining to location of an area conducive
to the perpetuation of wilderness values is removed. In section 72.1,
(1) language discussing the range of geological, biological, or
ecological strata is removed; (2) the list of activities considered for
primitive and unconfined recreation is revised; (3) wording associated
with outdoor education and scientific study and special scenic features
is removed; and (4) wording pertaining to how boundaries affect the
manageability of an area is removed.
[[Page 14641]]
Chapter 80--Wild and Scenic River Evaluation
This chapter revises terminology, such as the term ``study report''
to ``study report/EIS'' and updates terminology, such as, ``management
prescriptions'' to ``management direction,'' and so forth. In addition,
chapter 80 provides more explicit guidance for the Wild and Scenic
Rivers (WSRs) study process that is consistent with a November 21,
1996, memorandum to Regional Foresters from the Directors, Ecosystem
Management Coordination and Recreation, Heritage, and Wilderness
Resources Staffs, Washington Office, with the U.S. Department of
Agriculture-U.S. Department of the Interior Guidelines, and with the
river study direction of other Federal agencies. These changes
strengthen and reinforce the linkage of the river study process to land
management planning. In addition, the content of original 8.12--Interim
Management of Study Rivers is moved to FSM 1924.2 and combined with
portions of the original section 8.2.
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 substantive, nonsignificant. The ID's 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 ID's would not interfere
with an action taken or planned by another agency nor raise new legal
or policy issues. Finally, the ID's 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 ID's have been considered in light of Executive Order
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 ID's will not have a significant economic impact on a substantial
number of small entities as defined by the act.
Environmental Impact
These ID's provide the detailed direction to agency employees
necessary to carry out the provisions of the final 2004 planning rule
adopted at 36 CFR part 219 governing land management planning. Section
31.12 of Forest Service Handbook 1909.15 (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 ID's 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 ID's have been analyzed in accordance with the principles and
criteria contained in Executive Order 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 ID's have been analyzed under Executive Order 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 ID's have been reviewed under Executive Order 12988, Civil
Justice Reform. These ID's 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 National Forest System 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 ID's 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 ID's under the requirements of
Executive Order 13132, Federalism. The agency has made a preliminary
assessment that the ID's 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 ID's address the land
management planning process on National Forests, Grasslands or other
units of the National Forest System, which do not directly affect the
States. Based on comments received on these ID's, 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
These ID's do not have tribal implications as defined by Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, and therefore, advance consultation with Tribes is not
required.
Controlling Paperwork Burdens on the Public
These ID's 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.
Conclusion
These ID's provide consistent interpretation of the 2004 planning
rule for line and staff officers, and interdisciplinary teams. As a
consequence, the agency can fulfill its commitment to improve public
involvement and decisionmaking associated with developing, amending, or
revising a land management plan. The Forest Service has developed these
[[Page 14642]]
planning directives to set forth the legal authorities, objectives,
policy, responsibilities, direction, and overall guidance needed by
Forest Service line officers, agency employees, and others to use the
2004 planning rule.
Normally, when the agency determines that public notice and
opportunity to comment are necessary on 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. At a minimum, this process takes 6 months and usually
takes 9-12 months. Such a delay in issuing planning directives would
perpetuate uncertainty and confusion and delay units from beginning or
adjusting plan amendments or revisions with interested and affected
publics.
Consequently, the agency has elected to issue interim directives
and to make them immediately effective. An interim directive expires 18
months from issuance and may be reissued only once for a total duration
of 36 months. Thereafter, the direction must be incorporated into an
amendment or allowed to expire.
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. Because it is important to provide
Forest Service units with interim direction to ensure consistent
interpretation of the 2004 planning rule, the agency is issuing these
ID's and making them effective immediately. However, pursuant to 36 CFR
216.7, the Forest Service is now also requesting public comment on
these ID's.
All comments will be considered in the development of final
directives. The full text of these Manuals and Handbook references are
available on the World Wide Web at https://www.fs.fed.us.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 location of which are also available on the
Washington Office headquarters homepage on the World Wide Web at http:/
/www.fs.fed.us.
Dated: March 8, 2005.
Peter J. Roussopoulos,
Acting Chief.
[FR Doc. 05-5652 Filed 3-22-05; 8:45 am]
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