Grazing Permit Administration Handbook (FSH 2209.13), Chapters 10 (Term Grazing Permits) and 20 (Grazing Agreements), 48663-48665 [05-16493]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48663-48665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16493]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC12


Grazing Permit Administration Handbook (FSH 2209.13), Chapters 10 
(Term Grazing Permits) and 20 (Grazing Agreements)

AGENCY: Forest Service, USDA Forest Service.

ACTION: Notice; request for comment.

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SUMMARY: On July 19, 2005, the Forest Service published a notice in the 
Federal Register with request for comment on the issuance of two 
interim directives (IDs) to Forest Service Handbook (FSH) 2209.13, 
chapter 10--Term Grazing Permits and chapter 20--Grazing Agreements. 
These IDs established procedures and responsibilities for administering 
term grazing permits and grazing agreements (FR 70 41370). On that same 
day, several other amendments to FSH 2209.13, as well as amendments to 
several chapters of Forest Service Manual (FSM) 2200 on Range 
Management were issued. The Forest Service has decided to rescind the 
IDs and reissue revised IDs. In addition, the Forest Service has 
prepared proposed directives containing the direction removed from the 
above mentioned IDs. Public comment is invited and will be considered 
in development of the final directives. Public comments received on the 
earlier ID's will also be considered.

DATES: Interim Directive no. 2209.13-2005-4 (Chapter 10); and Interim 
Directive no. 2209.13-2005-5 (Chapter 20) were effective August 16, 
2005. Comments on the interim directives and the proposed directives 
must be received in writing by December 19, 2005.

ADDRESSES: Interim Directive no. 2209.13-2005-4 (Chapter 10); and 
Interim Directive no. 2209.13-2005-5 (Chapter 20) are available on the 
World Wide Web/Internet at https://www/fs/fed/us/im/directives. The 
proposed directives can be found on the Forest Service's Rangeland 
Management Web site at https://www/fs/fed/us/rangelands. Paper copies 
can be requested by writing to the USDA Forest Service, Attn: Director, 
Rangeland Management Staff, Mail Stop 1103, 1400 Independence Ave., 
SW., Washington,

[[Page 48664]]

DC 20250-1153. Also send written comments by mail to that same address; 
by electronic mail to RgeID@fs.fed.us; or by facsimile to (202) 205-
1096. If comments are sent by electronic means or by facsimile, the 
public is requested not to send duplicate comments via regular mail.
    All comments, including names and addresses when provided, are 
placed in the record and available for public inspection and copying. 
The agency cannot confirm receipt of comments.
    The public may inspect comments received on these proposed 
directives in the Rangeland Management Staff, 3rd Floor, South Wing, 
Yates Building, 14th and Independence Avenues, Southwest, Washington, 
DC, between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect 
comments are encouraged to call ahead to (202) 205-1460 to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: Ralph Giffen, Rangeland Management 
Staff, USDA Forest Service, (202) 205-1455.

SUPPLEMENTARY INFORMATION: The last substantive amendments to the 
Forest Service Manual (FSM 2200) for Rangeland Management and Grazing 
Permit Administration Handbook (FSH 2209.13) were made in 1985. 
Clarifications and adjustments in policy are necessary to respond to 
changing needs of both the Forest Service and the livestock industry. 
Therefore, the Forest Service issued directive amendments to 14 
chapters and interim directives to 2 chapters in FSM 2200 and FSH 
2209.13 to ensure the agency is both current and consistent in working 
with grazing permittees in all Forest Service regions. The Office of 
Management and Budget (OMB) determined that none of changes in the 
chapters were significant. The Range Management regulations at 36 CFR 
part 222 were not changed.

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 determined that it is substantive, 
nonsignificant. The 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 directives would not interfere with an action 
taken or planned by another agency nor raise new legal or policy 
issues. Finally, the directives would not alter the budgetary impact on 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients of such programs.
    Moreover, the directives 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 directives will not have a significant economic impact on a 
substantial number of small entities as defined by this act.

Environmental Impact

    These directives provide detailed direction to agency employees 
necessary to administer term grazing permits and grazing agreements. 
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 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 directives 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 directives 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 directives have been reviewed under Executive Order 12988, 
Civil Justice Reform. These directives will direct the work of Forest 
Service employees and are not intended to preempt any State and local 
laws and regulations that might be in conflict or that would impede 
full implementation of these directives. The directives would not 
retroactively affect existing permits, contracts, or other instruments 
authorizing the occupancy and use of 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 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 directives under the requirements 
of Executive Order 13132, Federalism. The agency has made a preliminary 
assessment that the directives 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 directives address term grazing permits and grazing agreements on 
national forests and grasslands, which do not directly affect the 
States. Based on comments received on these directives, the agency will 
consider if any additional consultation will be needed with State and 
local governments prior to adopting final directives.

Consultation and Coordination With Indian Tribal Governments

    These directives 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 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.

[[Page 48665]]

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

    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 updated guidance and direction in a 
comprehensive integrated package, the agency issued the ID's on August 
16, 2005, making them effective immediately. However, pursuant to 36 
CFR 216.7, the Forest Service is also requesting public comment on the 
ID's along with the proposed directives.
    All comments will be considered in the development of final 
directives.
    Paper copies are available upon request from the address and phone 
numbers listed in the ADDRESSES section of this notice, as well as from 
the nearest Regional Office, the location of which are also available 
on the Washington Office headquarters home page on the World Wide Web 
at https://www.fs.fed.us.

    Dated: August 16, 2005.
Sally D. Collins,
Associate Chief of the Forest Service.
[FR Doc. 05-16493 Filed 8-18-05; 8:45 am]
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