National Forest System Land Management Planning, 48514-48541 [E7-16378]
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Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 / Proposed Rules
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596–AC70
National Forest System Land
Management Planning
Forest Service, USDA.
Notice of proposed rule; request
for comments.
AGENCY:
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ACTION:
SUMMARY: The Forest Service, U.S.
Department of Agriculture, is providing
notice and opportunity for comment on
a proposed rule for National Forest
System land management planning.
This rulemaking is the result of a U.S.
district court order dated March 30,
2007, which enjoined the United States
Department of Agriculture from
implementation and utilization of the
land management planning rule
published in 2005 (70 FR 1023) until it
complies with the court’s order
regarding the National Environmental
Policy Act, the Endangered Species Act,
and the Administrative Procedure Act
(Citizens for Better Forestry et al. v.
USDA, C.A. C05–1144 (N. D. Cal.)). The
purpose of this proposed rule is to
respond to the court’s ruling about
notice and comment requirements
under the Administrative Procedure Act
by publishing the 2005 rule as a
proposed rule. The Agency plans to
comply with the court’s order regarding
the Endangered Species Act. In
addition, the Agency is preparing a draft
environmental impact statement under
the National Environmental Policy Act.
This proposed rule sets forth a
framework for National Forest System
land management planning to provide
for sustainability of social, economic,
and ecological systems and establishes
direction for developing, amending, and
revising land management plans. The
proposed rule clarifies that, absent
extraordinary circumstances, land
management plans developed,
amended, or revised under the proposed
rule are strategic and are one stage in an
adaptive cycle of planning for
management of National Forest System
lands. The intent of the proposed rule
is to streamline and improve the
planning process by making plans more
adaptable to changes in social,
economic, and environmental
conditions; to strengthen the role of
science in planning; to strengthen
collaborative relationships with the
public and other governmental entities;
and to reaffirm the principle of
sustainable management consistent with
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the Multiple-Use Sustained-Yield Act
and other authorities.
DATES: Comments must be received in
writing by October 22, 2007. The
Agency will consider and place
comments received after this date in the
record only if practicable.
ADDRESSES: Send written comments
concerning this proposed rule through
one of the following methods: E-mail:
planningrule@fscomments.org. Include
‘‘planning rule’’ in the subject line of
the message. Fax: (916) 456–6724.
Please identify your comments by
including ‘‘planning rule’’ on the cover
sheet or the first page. Mail: Planning
Rule Comments, P.O. Box 162969,
Sacramento, CA 95816–2969. Please
note that the Forest Service will not be
able to receive hand-delivered
comments. Submit comments through
the World Wide Web/Internet Web site
https://www.regulations.gov. 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 Bob Dow at (801) 517–1022.
FOR FURTHER INFORMATION CONTACT:
Regis Terney, Planning Specialist;
Ecosystem Management Coordination
Staff (202) 205–1552, or Ron Pugh,
Planning Specialist, Ecosystem
Management Coordination Staff (202)
205–0992.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Additional Documents Are Available
2. The 2005 Planning Rule
3. Overview of the 2007 Proposed Rule
• Major Themes and Areas of Public
Comment in the Proposed Rule
• Plans Should Be Strategic
• Plans Should Be Adaptive and Based on
Current Information and Science
• Land Management Planning Should
Involve the Public
• Plans Should Guide Sustainable
Management of NFS Lands
• Environmental Management Systems
and Adaptive Management
• National Environmental Policy Act and
National Forest Management Act
Planning
• Summary
4. Section-by-Section Explanation of the
Proposed Rule
Section 219.1—Purpose and Applicability
Section 219.2—Levels of Planning and
Planning Authority
Section 219.3—Nature of Land
Management Planning
Section 219.4—National Environmental
Policy Act compliance
Section 219.5—Environmental
Management Systems
Section 219.6—Evaluations and monitoring
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Section 219.7—Developing, Amending, or
Revising a Plan
Section 219.8—Application of a New Plan,
Plan Amendment, or Plan Revision
Section 219.9—Public Participation,
Collaboration, and Notification
Section 219.10—Sustainability
Section 219.11—Role of Science in
Planning
Section 219.12—Suitable Uses and
Provisions Required by NFMA
Section 219.13—Objections to Plans, Plan
Amendments, or Plan Revisions
Section 219.14—Effective Dates and
Transition
Section 219.15—Severability
Section 219.16—Definitions
5. Regulatory Certifications
• Regulatory Impact
• Environmental Impacts
• Summary of Environmental Impact
Statement
• Energy Effects
• Controlling Paperwork Burdens on the
Public
• Federalism
• Consultation With Indian Tribal
Governments
• No Takings Implications
• Civil Justice Reform
• Unfunded Mandates
1. Additional Documents Are Available
The following information is posted
on the World Wide Web/Internet at
https://www.fs.fed.us/emc/nfma/
2007_planning_rule.html: (1) This
proposed rule; (2) a draft environmental
impact statement (EIS) analyzing the
proposed rule; (3) the Civil Rights
Impact Analysis for this proposed rule;
(4) the cost-benefit analysis for this
proposed rule; (5) the business model
cost study done to estimate predicted
costs to implement the 2000 planning
rule, and (6) the Forest Service
directives and other guidance on land
management planning developed for the
now enjoined 2005 planning rule. This
information may also be obtained upon
written request from the Director,
Ecosystem Management Coordination
Staff, Forest Service, USDA, Mail Stop
1104, 1400 Independence Avenue, SW.,
Washington, DC 20250–1104. The final
environmental impact statement, when
completed, will also be available on the
above Web site.
2. The 2005 Planning Rule
The Department published the land
management planning rule in 2005
(2005 planning rule) in the Federal
Register on January 5, 2005 (70 FR
1023). The 2005 planning rule at 36 CFR
part 219 was based on a review,
conducted by Forest Service personnel
at the direction of the Office of the
Secretary of the United States
Department of Agriculture, of an earlier
planning rule promulgated in 2000 (65
FR 67514). The review affirmed the
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2000 rule’s underlying concepts of
sustainability, monitoring, evaluation,
collaboration (working with the public),
and the consideration of science.
However, although the 2000 rule was
intended to simplify and streamline the
development, amendment, and revision
of land management plans (also referred
to as plans), the review concluded that
the 2000 rule was very costly and
neither straightforward nor easy to
implement. The review also found that
the 2000 rule did not clarify adequately
the strategic nature of land management
planning.
Based on the review and over two
decades of experience with plans, the
Agency published the 2005 planning
rule to (1) simplify and streamline the
development, revision, and amendment
of plans; (2) clarify that plans are
strategic; and (3) ensure that direction
for developing, revising, and amending
plans is consistent with legal
requirements and the limits of the
Agency authorities and the capabilities
of National Forest System lands.
On March 30, 2007, the United States
District Court for the Northern District
of California in Citizens for Better
Forestry et al. v. United States Dept. of
Agriculture, C.A. C05–1144 PJH, No. C
04–4512 PJH (N. D. Cal., March 30,
2007), enjoined the United States
Department of Agriculture (USDA) from
implementation and utilization of the
2005 planning rule until USDA takes
certain additional steps concerning the
Administrative Procedure Act (APA),
the Endangered Species Act (ESA), and
the National Environmental Policy Act
(NEPA).
The Agency is committed to
transparent rulemaking and public
participation, and provided a notice and
comment period for the proposed 2005
rule (December 6, 2002, 67 FR 72770).
In the final 2005 rule, the Agency
changed the provisions for timber
management requirements, changed the
provisions for making changes to the
monitoring program, and added
provisions for environmental
management system (EMS). The
Environmental Management System
provisions require the Agency to define
a structure and system of organizational
activities, responsibilities, practices,
and procedures for carrying out the
Agency environmental policy. The
Court found that the proposed rule did
not provide sufficient notice to the
public of these changes to the final rule
such that the final rule was not the
logical outgrowth of the proposed rule.
Therefore, the Agency is providing
notice and seeking comment on the
proposed rule, which includes the
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changes made to the final 2005 planning
rule.
Regarding NEPA, the court further
found that the 2005 planning rule did
not fit the Agency’s categorical
exclusion for Servicewide
administrative procedures. That
categorical exclusion, developed with
public participation, is a recognized
method of NEPA compliance. Under the
court’s order, however, further
environmental analysis under NEPA is
required. Accordingly, the Agency is
preparing a draft EIS on the proposed
rule.
Finally, the court found that the
Agency was required to consult on the
impact of the 2005 rule under ESA.
Based upon an analysis of the 2005 rule,
the Agency had concluded that
adoption of the 2005 planning rule
alone would have no effect on protected
species or critical habitat. The court,
however, found that some form of
consultation with the U.S. Fish and
Wildlife Service (USFWS) and National
Oceanic and Atmospheric
Administration (NOAA) Fisheries is
required. Accordingly, the Agency plans
to comply with the court’s order
regarding the Endangered Species Act.
Without conceding the correctness of
the court’s ruling, which is being
addressed through the judicial process,
the Agency has decided to undertake
these processes to expedite much
needed plan revisions and plan
amendments.
3. Overview of the 2007 Proposed Rule
Forest planning rules have a long
history. The Department adopted the
first planning rule September 17, 1979
(44 FR 53928). The planning rule was
substantially amended on September 30,
1982 (47 FR 43026), and was amended
in part on June 24, 1983 (48 FR 29122),
and on September 7, 1983 (48 FR
40383). The 1982 rule, as amended, has
guided the development, amendment,
and revision of the land management
plans that are now in place for all
national forests and grasslands. In
addition, the Department adopted a
revised rule on November 9, 2000 (65
FR 67514). No plans have been
developed, amended, or revised using
the procedures of the 2000 rule. After
review of the 2000 planning rule, the
Agency proposed to revise the planning
rule on December 6, 2002 (67 FR 72770)
with a 90-day public comment period.
This proposed rule is identical, except
as noted below, to the currently
enjoined rule at 36 CFR part 219
published in the Federal Register on
January 5, 2005 (70 FR 1023) as
amended on March 3, 2006 (71 FR
10837). The preamble to the 2005 rule
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contains a detailed analysis of
comments received and issues
identified during the comment on the
2002 proposed rule. This proposed rule
differs from the 2005 final rule, in that,
the effective date and the end of the
transition period date in § 219.14 are
changed. This proposed rule also
includes the amendment made March 3,
2006 (71 FR 10837) to change the
transition provision for the Tongass
National Forest plan. The Agency
believes this proposed rule is based on
a better understanding of land
management planning resulting from
the Forest Service’s 25 years of
experience developing, revising, and
amending plans under the 1982
planning rule and 2000 rule transition
provisions. After assessing the flaws and
benefits of the planning rules during
these 25 years, the Forest Service
believes that it is time to rely on its
experience, think differently about NFS
planning, and change our planning
procedures. This proposed rule
embodies a strategic approach to
planning that emphasizes the desired
outcomes of land management and the
sustainability of resources, rather than
the output-oriented approach embodied
in the 1982 rule. The Forest Service’s
intent with this proposed rule is to
promote a more efficient way to protect
the environment and to facilitate
working with the public. The proposed
rule establishes an adaptive
management process with a priority on
monitoring to allow timely changes to
plans to respond to changing conditions
and new information to ensure that
clean air, clean water, and abundant
wildlife remain available. In this way,
the proposed rule better allows the
Agency to carry out its mission to ‘‘to
sustain the health, diversity, and
productivity of the Nation’s forests and
grasslands to meet the needs of present
and future generations’’ (Forest Service
Manual 1020.21). This proposed rule
will enable the Forest Service to
respond in a timely manner to changing
conditions like hazardous fuels, new
science, and many other dynamics that
affect NFS management. A fundamental
concept in this proposed rule is that
protection and management of the NFS
lands should be based on sound and
current science.
This proposed rule assures the public
the opportunity for an effective voice
throughout the entire planning process.
Finally, because this proposed rule will
enable more efficient planning, the
Forest Service will be able to shift its
limited resources to the public’s
expressed priorities. These priorities
include improved conservation of the
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forests and grasslands and better
responses to the threats the forests and
grasslands face, such as critical wildfire
danger and invasive species that
degrade ecological systems.
To achieve these important goals,
plans under this proposed rule will be
more strategic and less prescriptive than
those developed, amended, or revised
under the 1982 planning rule. The
Agency believes that strategic, adaptable
plans are the most effective means of
guiding NFS management in light of
changing conditions, science, and
technology. To this end, plans under
this proposed rule typically will not
approve or prohibit projects or activities
except under extraordinary
circumstances. Rather, as described
further below, plans under this
proposed rule typically will contain five
components, which set forth guidance
for subsequent decisions approving or
prohibiting on-the-ground activities.
The plan components are: Desired
conditions, objectives, guidelines,
suitability of areas, and special areas.
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• Major Themes and Areas of Public
Comment in the Proposed Rule
The major themes of the proposed
rule discussed in this preamble reflect
the public comments received on the
2005 rule (70 FR 1023). This proposed
rule sets forth the process for
development, amendment, and revision
of plans for NFS units, including the
national forests, grasslands, prairie, or
other comparable administrative units
in compliance with the National Forest
Management Act (NFMA) of 1976 (16
U.S.C. 1600 et seq.). The Forest Service
has developed 125 plans and revised 53
plans since enactment of NFMA and has
amended numerous plans. The Agency
expects to complete more than 100
additional revisions during the next
decade. Based on the decades of
experience under the 1982 planning
rule, transition provisions of the 2000
rule, and under the 2005 rule, the
Agency has focused this proposed rule
around the following major themes:
Plans Should Be Strategic
The purpose of plans should be to
establish goals for forests, grasslands,
and prairies and to set forth guidance to
achieve those goals. Plans can meet
these purposes through components that
describe desired conditions, provide
objectives for achieving desired
conditions, and that identify guidelines,
suitability of areas for various uses, and
special areas. These five plan
components will supply clear, concise
statements of management intent for all
areas of the national forests. Typically,
a plan should not include decisions that
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approve or prohibit projects and
activities and such decisions would
follow subsequent proposed actions
considered by the Agency.
Plans Should Be Adaptive and Based on
Current Information and Science
Information, science, and unforeseen
circumstances evolve during the 15-year
life expectancy of a plan. It must be
possible to adjust plans and the planmonitoring program and to react to new
information and science swiftly and
efficiently. An environmental
management system (EMS) approach
will enhance adaptive planning and will
be part of the land management
framework.
Land Management Planning Should
Involve the Public
Plans are prepared for public lands.
The Agency firmly believes that public
participation and collaboration should
be welcomed and encouraged during
planning. Throughout the planning
process, responsible officials offer
people the opportunity to work
collaboratively to find solutions that
balance conflicting needs and values, to
evaluate management under the plans,
and to consider the need to adjust plans
as conditions and issues change.
Plans Should Guide Sustainable
Management of NFS Lands
The Multiple-Use Sustained-Yield Act
(MUSYA) of 1960 (16 U.S.C. 528–531)
requires that NFS lands are to be
managed to provide a continuous flow
of goods and services to the nation in
perpetuity. To meet this requirement,
plans must supply a sustainable
framework—based on social, economic,
and ecological systems—to guide the
on-the-ground management of projects
and activities, which results in these
goods and services.
Planning Must Comply With All
Applicable Laws, Regulations, and
Policies
Planning must comply with all
applicable laws, regulations, and
policies, although none of these
requirements needs to be restated in
plans. For example, the Clean Water Act
includes requirements for nonpoint
source management programs, to be
administered by the States. The States
or the Forest Service then develops Best
Management Practices (BMPs) for use in
the development of projects or activities
on NFS lands. BMPs are designed to
meet State water quality standards and
prevent adverse environmental
consequences. Specific BMPs and other
legal requirements do not have to be
repeated in the plan to be in effect and
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applicable to NFS projects and
activities.
• Plans Should Be Strategic
Land management plans are strategic.
A plan establishes a long-term
management framework for NFS units.
Within that framework, specific projects
and activities are proposed, approved,
and carried out depending on specific
conditions and circumstances in the
area at the time the Forest Service
initiates a project. The U.S. Supreme
Court described the nature of NFS plans
in Ohio Forestry Ass’n v. Sierra Club
(523 U.S. 726, 737 (1998)) (Ohio
Forestry), explaining that plans are
‘‘tools for Agency planning and
management.’’ The Court recognized
that the provisions of such plans ‘‘do
not command anyone to do anything or
to refrain from doing anything; they do
not grant, withhold, or modify any
formal legal license, power, or authority;
they do not subject anyone to any civil
or criminal liability; they create no legal
rights or obligations’’ (523 U.S. 733
(1998)).
The Supreme Court also recognized
the similar nature of plans for public
lands under the jurisdiction of the
Bureau of Land Management (BLM) in
Norton v. Southern Utah Wilderness
Alliance, 124 S.Ct. 2373 (2004) (SUWA).
The Supreme Court again observed that
‘‘land use plans are a preliminary step
in the overall process of managing
public lands—‘designed to guide and
control future management actions and
the development of subsequent, more
detailed and limited scope plans for
resources and uses.’ ’’ In addition, ‘‘a
land use plan is not ordinarily the
medium for affirmative decisions that
implement the Agency’s
‘project[ion]s.’ ’’ Like a NFS land
management plan, a BLM plan typically
‘‘ ‘is not a final implementation decision
on actions which require further
specific plans, process steps, or
decisions under specific provisions of
law and regulations.’ ’’ ‘‘The BLM’s
* * * land use plans are normally not
used to make site-specific
implementation decisions.’’ The
Supreme Court acknowledged that plans
are ‘‘tools by which ‘present and future
use is projected’ [and] * * * generally
a statement of priorities,’’ 124 S.Ct. 2373
(2004).
Under the proposed rule, plans will
continue to be the strategic plans
recognized by the Supreme Court in
Ohio Forestry and SUWA. As described
below, the five components of a plan
under the proposed rule do not approve
or prohibit projects and activities, but
rather characterize general desired
conditions and guidance for achieving
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and maintaining those conditions.
Typically, a plan will not approve or
prohibit activities.
On December 11, 1997, Secretary of
Agriculture chartered the Committee of
Scientists (COS) to provide scientific
and technical advice on improvements
that could be made in the planning
process. The Forest Service examined
the report by the COS, which said on
page xxx of the synopsis of their COS
Report: ‘‘Collaborative planning begins
by finding agreement in a common
vision for the future conditions of the
national forests and grasslands’’ and
said on page xxv of the synopsis of their
COS report ‘‘it also requires crafting
strategies to achieve those conditions’’
(Committee of Scientists Report, March
15, 1999, U.S. Department of
Agriculture, Washington, DC 193 p.).
The Forest Service also examined the
strategic planning processes used by
businesses and other government
agencies. The Forest Service developed
a three-part outline to organize plan
components, and communicate their
strategic nature. This outline is based on
the plan components in the final 2005
planning rule and this proposed rule.
The Forest Service describes the three
parts, vision, strategy, and design
criteria, in Foundations of Forest
Planning, Volume 1—Preparing a Forest
Plan. This document is available from
the Technical Information for Planning
Systems Web site at https://
www.fs.fed.us/TIPS. Within this outline,
the vision is expressed with
descriptions of desired conditions. The
strategy is crafted from three plan
components: Suitability of areas, special
areas, and objectives. Finally, the design
criteria are developed using the
guidelines plan component. The Forest
Service directives for the 2005 planning
rule (FSM 1921.1, FSH 1909.12, chapter
10) recommend responsible officials use
this three-part outline for plans. For
example, the Cimarron and Comanche
National Grasslands Plan, PreDecisional Review Version was made
available using that outline. See https://
www.fs.fed.us/r2/psicc/projects/
forest_revision/gr_plan_prv.shtml.
Planning documentation.
The proposed rule requires a plan
document or set of documents
(§ 219.7(a)(1)) to contain all information
relevant to planning. A plan document
or set of documents includes: (1)
Evaluation reports; (2) all plan
components, including applicable maps;
(3) the plan approval document; (4) any
relevant National Environmental Policy
Act of 1969 (NEPA) documents; (5) the
monitoring program for the plan area;
(6) any documents relating to the public
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involvement process in planning; (7)
any documents relating to the adaptive
management process (including EMS)
applicable to the plan; and (8)
documentation of how science was
taken into account in the planning
process (§ 219.11).
Plan Components
This proposed rule uses the term
‘‘plan components’’ to describe the parts
of a plan. How plans are characterized
and how plan parts operate has evolved
over the years. This evolution has
occurred through an ongoing evaluation
of the role plans play, how plans guide
projects, how plans have or do not have
on-the-ground impacts, how current
plans enable or restrict responding to
changing circumstances and science,
and how more active and structured
monitoring provides better information
for monitoring, amending, or revising
plans as needed. To a greater extent
than before, plans under the proposed
planning rule will be strategic and
aspirational in nature, setting desired
conditions, objectives, and guidance for
subsequent on-the-ground projects or
activities. Typically, the Forest Service
can meaningfully evaluate
environmental effects only when
projects or activities developed to carry
out desired conditions and objectives of
the plan are proposed.
The Agency has concluded that plans
are more effective if they include more
detailed descriptions of desired
conditions and general guidance instead
of long lists of prohibitive standards,
guidelines, or suitability determinations
developed in an attempt to anticipate
and address every possible future
project or activity and the potential onthe-ground effects they could cause.
Under this proposed rule, plans have
five principal components
(§ 219.7(a)(2)): Desired conditions,
objectives, guidelines, suitability of
areas, and special areas.
Desired Conditions
Desired conditions are the social,
economic, and ecological attributes
toward which management of the land
and resources of the plan area is
directed. Desired conditions are longterm and aspirational, but are neither
commitments nor final decisions on
projects and activities. Desired
conditions may be achievable only over
a period longer than the 15 years
covered by the plan.
The increased attention to fire regimes
provides an example of the role of
‘‘desired conditions.’’ The Forest
Service has been challenged with
unnatural fuel levels throughout NFS
lands. Much of the western United
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States is currently in a severe drought
cycle, and the reduction of fuel is
necessary. To facilitate moving toward a
healthier and more natural condition on
the land, a plan could describe
ecological conditions closer to those
that would have occurred under natural
fire regimes: For example, desired
conditions for desired fuel loads, along
with desired tree species, structure,
distribution, and density.
The Agency, working with the public,
also may seek to achieve or maintain
desired conditions for attributes, such as
quietness, a sense of remoteness, or
attributes of our cultural heritage.
Desired conditions also have a key role
to play for wildlife habitat management.
During plan development, it is difficult
to envision all the site-specific factors
that can influence wildlife. For
example, in the past, plans might have
included standards prohibiting
vegetation treatment during certain
months or standards requiring a buffer
for activities near the nest sites of birds
sensitive to disturbance during nesting.
However, topography, vegetation
density, or other factors may render
such prohibitions inadequate or unduly
restrictive in specific situations. A
thorough desired condition description
of what a species needs is often more
useful than a long list of prohibitions.
Thorough desired condition
descriptions are more useful because
they provide context, starting point, and
vision for project or activity design,
when the site-specific conditions are
known and when species conservation
measures can be most meaningfully
evaluated and effectively applied.
Again, a thorough description of what
the Agency, working with the public,
wants to achieve ultimately on the
ground is key to a strategic planning
process.
Objectives
Objectives are concise projections of
intended outcomes of projects and
activities to contribute to the
maintenance or achievement of desired
conditions. Objectives are measurable
and time-specific and, like desired
conditions, are aspirational, but are
neither commitments nor final decisions
approving or prohibiting projects and
activities. The application of objectives
is the same under the proposed rule as
objectives were applied under the 1982
planning rule.
Guidelines
Guidelines provide information and
guidance for the design of projects and
activities to help achieve objectives and
desired conditions. Guidelines are not
commitments or final decisions
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approving or prohibiting projects and
activities. Guidelines should provide
the recommended technical and
scientific specifications to be used in
the design of projects and activities to
contribute to the achievement of desired
conditions and objectives. They are the
guidance that a responsible official
would normally apply to a project or
activity unless there is a reason to vary.
The project or activity design may vary
from the guideline only if the design is
an effective means of meeting the
purpose of the guideline, to maintain or
contribute to the attainment of relevant
desired conditions and objectives. If the
responsible official decides a variance
from the guideline is necessary, the
responsible official must document how
the variance is an effective means of
maintaining or contributing to the
attainment of relevant desired
conditions and objectives. However, a
variance does not require an
amendment to the plan.
Section 6 of the National Forest
Management Act (NFMA) of 1976 (16
U.S.C. 1600 et seq.) sets forth the
requirements for development and
maintenance of land management plans.
Section 6(c) of 16 U.S.C. 1604 directs
the Secretary of Agriculture to
incorporate the ‘‘standards and
guidelines’’ required by that section into
plans as soon as practicable. Section
6(g) directs the Secretary to promulgate
regulations setting out the process for
development and revision of plans and
specifying the guidelines prescribed by
that subsection. Subsection (g) requires
the regulations to include guidelines for
various things, such as land suitability
identifications, diversity of plant and
animal communities based on the
suitability and capability of the land to
meet overall multiple use objectives,
and permitting harvest level increases,
among other things. Subsection (g) does
not specify that any particular standards
must be included nor the form in which
the regulations must provide guidelines.
In the 1982 planning rule and the
original plans, the terms ‘‘standards and
guidelines’’ were usually used
interchangeably. Some plan revisions
have called mandatory provisions
‘‘standards’’ and discretionary direction
with latitude for variance as
‘‘guidelines.’’ The 2000 planning rule
did not use the term ‘‘guidelines.’’ In the
2000 planning rule, a provision labeled
a standard could be either mandatory or
discretionary depending upon its
wording and the scope of its
requirements.
However, in line with and to
emphasize the strategic nature of plans,
this proposed rule proposes the term
‘‘guidelines’’ and does not include the
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term ‘‘standards’’ as a required plan
component.
Suitability of Areas
Suitability of areas is the
identification of the general suitability
of an area in an NFS unit for a variety
of uses. Plans may identify areas as
generally suitable for uses that are
compatible with desired conditions and
objectives for that area. Under this
proposed rule, a plan may identify all
uses that are generally suitable for a
particular area or may identify the major
or most prominent generally suitable
uses. The identification of an area as
generally suitable for a use or uses is
neither a commitment nor a decision
approving or prohibiting activities or
uses. Responsible officials authorize the
actual suitability of an area for a specific
use or activity through project and
activity decisionmaking.
The identification of areas as
generally suitable does not ‘‘allocate’’
the area but identifies that desired
conditions are compatible with that use.
A future proposed project for a use not
identified as a generally suitable use
may be approved if appropriate based
on site-specific analysis and if the
proposed project is consistent with
other plan components. The
identification of an area as generally
suitable for various uses is not a final
decision compelling, approving, or
prohibiting projects and activities. The
identification of generally suitable land
areas is guidance for future project or
activity decision-making. A final
determination of suitability of lands for
resource uses is made through project
and activity decisionmaking.
Suitable use identification has
evolved over time. Plans prepared under
the 1982 planning rule often
characterized suitable use identification
as permanent restrictions on uses or
permanent determinations that certain
uses would be suitable in particular
areas of the unit over the life of the plan.
However, even under the 1982 planning
rule, these identifications were never
truly permanent, unless they were
statutory designations by Congress.
Early in the Agency’s experience with
carrying out the 1982 planning rule the
Forest Service realized that suitability
identifications in a plan, like
environmental analysis itself, would
always require site-specific reviews
when projects or activities were
proposed. This site-specific review
would verify that the proposed project
or activity is compatible with desired
conditions and objectives for that area
or compatible with the other suitable
uses for that area.
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For example, on lands identified as
generally suitable for timber production,
site-specific analysis of a proposal could
identify a portion of that area as having
poor soil or unstable slopes. The project
design would then exclude such
portions of the project area from timber
harvest based on this site-specific
analysis. Thus, the Forest Service never
made a final determination of suitability
until the project or activity analysis and
decision process was completed. This
proposed rule better characterizes the
nature and purpose of suitability
identification.
An illustration of the effect of
suitability identifications in the
proposed rule may be helpful. Under
this proposed rule, a plan may identify
certain portions of an NFS unit as
generally suitable for some uses.
Example uses may include: Mechanized
travel, motorized travel, noncommercial uses, non-mechanized
travel, non-motorized travel, and
wheeled motorized travel. Suppose for
example that an area of an NFS unit is
identified as generally suitable for
wheeled motorized travel (or
transportation development).
Identification of an area in a plan as
generally suitable for motorized travel
does not mean that construction of any
road is approved or is even inevitable.
Rather, the identification merely
provides guidance for where road
construction may be compatible with
desired conditions. The responsible
official may approve proposed projects
for construction of a road or roads only
after appropriate project-specific
National Environmental Policy Act
(NEPA) analysis and public
involvement.
Special Areas
Special areas are areas within the NFS
designated for their unique or special
characteristics. Under the proposed
rule, these areas include wilderness,
wild and scenic river corridors, and
research natural areas. Special areas also
may include smaller areas with unique
botanical, geologic, or other natural
feature that makes them special. Some
of these areas are statutorily designated.
Other areas may be designated through
plan development, amendment,
revision, or through a separate
administrative process with appropriate
NEPA analysis.
Monitoring
The monitoring program is also a
central element of adaptive management
in this proposed rule because
monitoring is the key to discovering
how to make project-specific decisions
consistent with desired conditions and
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objectives and to discovering what
ultimately may need to be changed in a
plan. Experience has shown that while
some monitoring programs and specific
monitoring techniques have been
adequate to evaluate the need for
changes in plans of national forests,
grasslands, prairie, or other comparable
administrative units over time, some
have not. New uses, such as mountain
biking, were not contemplated 25 years
ago. Noxious weeds can infest a
previously pristine landscape. New
methods of measuring water quality or
wildlife habitat can be developed.
Therefore, a unit’s monitoring program
must be readily adaptable. Most plans
revised under the 1982 planning rule, in
fact, have removed most monitoring
operational details from the plans
themselves to allow for quicker changes
to monitoring activities when needed.
The proposed rule allows the
monitoring program to be changed with
administrative corrections, instead of
amendments, to more quickly reflect the
best available science and account for
unanticipated changes in conditions.
The responsible official will notify the
public of changes in monitoring
programs, and the responsible official
can involve the public in a variety of
ways to develop program changes.
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Streamlining the Planning Rule and Use
of the Forest Service Directive System
This proposed rule places the
procedural and technical details to carry
out the NFMA in the Forest Service
Directive System (Forest Service
directives). Forest Service directives are
the primary basis for the Forest
Service’s internal management of all its
programs and the primary source of
administrative direction to Forest
Service employees. The Forest Service
Manual (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 Forest
Service Handbook (FSH) is the principal
source of specialized guidance and
instruction for carrying out the policies,
objectives, and responsibilities
contained in the FSM. The Forest
Service is required by section 14 of
NFMA (16 U.S.C. 1612(a) to provide
adequate notice and opportunity to
comment on the formulation of
standards, criteria, and guidelines
applicable to Forest Service programs.
Forest Service regulations at 36 CFR
part 216 define standards, criteria, and
guidelines as those ‘‘written policies,
instructions and orders, originated by
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the Forest Service and issued in the
Forest Service Manual * * *.’’
The Forest Service developed
directives for the enjoined 2005 rule
that set forth the legal authorities,
objectives, policy, responsibilities,
direction, and overall guidance that
Forest Service line officers, Agency
employees, and others would need to
use that rule. Directives in Forest
Service Manuals (FSMs) 1900 and 1920
and Forest Service Handbook (FSH)
1909.12, chapters zero code, 10, 20, 30,
40, 50, 60 and 80 were issued on
January 31, 2006 (71 FR 5124). A
directive to FSM 1330 was issued on
March 3, 2006 (71 FR 10956). A
directive to FSH 1909.12, chapter 70
was issued on January 31, 2007 (72 FR
4478). If the United States Department
of Agriculture (Department)
promulgates the proposed rule as final,
the Agency would carry out this rule
using the current directives, modified as
necessary to account for changes
because of this rulemaking. Directives
are available at https://www.fs.fed.us/
emc/nfma/index5.html.
• Plans Should Be Adaptive and Based
on Current Information and Science
This proposed rule requires that the
responsible official take into account the
best available science (§ 219.11) and
specifies the process for taking science
into account. Under this proposed rule,
science, while only one aspect of
decisionmaking, is a significant source
of information for the responsible
official. When making decisions, the
responsible official also considers
public input, competing use demands,
budget projections, and many other
factors.
Under the 1982 planning rule,
planning teams were required to
‘‘integrate knowledge of the physical,
biological, economic and social
sciences, and the environmental design
arts in the planning process’’ (§ 219.5(a)
of 1982 planning rule). Therefore, the
Agency has been under an obligation to
take the best available science into
account for decades. The addition of
§ 219.11 specifies provisions to make
plain what has been part of good
practice.
The proposed rule states that the
responsible official may use
independent peer reviews, science
advisory boards, or other appropriate
review methods to evaluate the
application of science used in the
planning process. Forest Service
directives (FSH 1909.12, chapter 40) set
forth specific procedures for conducting
science reviews.
The responsible official must take into
account the best available science, and
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document in the plan that science was
considered, correctly interpreted,
appropriately applied, and evaluate and
disclose incomplete or unavailable
information, scientific uncertainty, and
risk. This evaluation and disclosure of
uncertainty and risk provide a
crosscheck for appropriate
interpretation of science and help
clarify the limitations of the information
base for the plan.
• Land Management Planning Should
Involve the Public
The proposed rule clearly expresses
the Agency’s emphasis on public
involvement and collaboration. The
proposed rule clarifies requirements
about public involvement by
consolidating provisions on
consultation with interested individuals
and organizations, State and local
governments, Federal agencies, and
federally recognized Indian Tribes.
The Agency expects that, compared
with the 1982 planning rule, this
proposed rule will allow more members
of the public to be more effectively
engaged because development of a plan,
plan amendment, or plan revision will
be simpler, more transparent, and faster.
The public will have the opportunity to
engage collaboratively in the
development, amendment, or revision of
a plan and in the development of the
monitoring program. In addition, the
public will have an opportunity to
comment on a plan, plan amendment, or
plan revision, and to object prior to
approval if concerns remain.
The proposed rule requires
opportunities for public involvement in
the unit’s land management planning
process (§ 219.9) and in monitoring
(§ 219.6(b)(3)). One of the more
important changes in public
involvement is how the Forest Service
will work with the public to
collaboratively develop, amend, or
revise a plan.
The Agency has lots of experience
with the type of collaboration
envisioned under the proposed rule.
Collaboration will vary by
administrative unit by necessity to deal
with local, regional, and national needs,
interests, and values. In addition, the
process must take into account the
capability for collaboration of these
stakeholders and Forest Service
personnel. There are many ways to
design a collaborative process including
open public meetings, landscape-based,
issue-based, technical reviews, issue
presentations, joint fact finding, webbased interactions, and various other
types of communication.
For instance, from the Forest Service
perspective, the collaboration effort on
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the White Mountain National Forest,
located in New Hampshire and Maine,
was successful. The collaboration effort
began in 1997 and their planning effort
was guided by the 1982 planning
regulations in effect at that time. The
national forest used a wide variety of
public involvement, collaboration, and
communication methods during the
eight years they worked on revising
their plan, including outreach meetings;
numerous public planning meetings;
monthly meetings of geographically
based local planning groups; and
meetings and conversations with tribal
officials, local governments, and private
individuals and organizations. Through
these meetings, members of the public
were given many opportunities to
interact with the Agency’s planning
team and provide input on future
management of the national forest.
Collaboration occurred throughout the
development of the revised plan and
environmental impact statement, and
was in addition to public comment
periods required by the 1982 planning
rule. These efforts culminated with the
approval of a revised forest plan in
September 2005. The administrative
appeal period closed 90 days later
without a single appeal being filed,
surely an indicator of successful
collaboration.
Before the injunction against the 2005
planning rule, the Agency had some
opportunities to use the public
participation provisions of that rule. A
survey of several of the Forest Service
units that have conducted collaboration
activities under the 2005 planning rule
indicates potential for successful
collaboration under the proposed rule.
For instance, the Cimarron and
Comanche National Grasslands
(Grasslands) applied collaborative
processes in four local communities.
Invited researchers and professors at
regional universities participated in two
scientific reviews of the plan and
related assessments and monitoring
questions. The Grasslands reached out
to and shared information with many
local stakeholders including grazing
associations, environmental groups,
federal, state, and local government
agencies, and others. Some of the media
included postcards, newsletters, and
posters, newspapers, and local radio
stations. They collaborated diligently
with outside groups on the Plan’s
monitoring questions and performance
measures. To share the latest
information about the plan revision,
processes used during plan
development, and the associated
documents supporting the plan, the
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Grasslands planning team also kept the
plan revision Web site current.
The Grasslands’ first round of public
meetings used the collaborative tools of
structured group exercises,
questionnaires, open houses, individual
questions-and-answers, and group
discussions. From this the planning
team learned what interested parties
believed were the main topics to deal
with and what they would like the
Grasslands to look like in the future.
The Grasslands’ second round of
public meetings centered on the
proposed plan, which was released in
December 2005. In this second round,
each of several small groups focused on
a designated section of the proposed
plan and engaged in discussion with
Forest Service and third party
facilitators to develop and suggest
changes they would like to make to the
proposed plan. This round focused on
whether the proposed plan’s
components embodied the public’s
expressed desires. This round also
engaged the public in evaluating the
proposed plans’ monitoring questions
and performance measures, which had
been developed in cooperation with The
Nature Conservancy. Two main views
were represented in the public meetings
and comments. Some respondents felt
their traditional lifestyle was threatened
by economic conditions, drought,
government interference, and the
growing population of Colorado’s Front
Range. Other people advocated quietuse recreation and habitat and wildlife
protection. From the Forest Service
perspective, collaboration provided a
safe environment where these diverse
groups could express differing opinions,
share ideas, and begin building
relationships. One result was improved
relations, understanding,
communication, and a confidence about
working together. Based on Forest
Service interpretation of feedback forms,
participants were pleased with the
approach used and with the mixed
working group exercises. Another
important benefit for Agency employees
was the opportunity to improve their
own collaboration skills.
The Forest Service has found that the
traditional way of developing plan
alternatives under the 1982 planning
rule has often had an adverse effect on
the planning process. The traditional
approach of developing and choosing
among discrete alternatives that are
carried throughout the entire planning
process often proves divisive, because it
often maintains adversarial positions,
rather than helping people seek
common ground. To overcome this
tendency, the proposed rule features an
iterative approach to planning. The
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Agency recognizes that people have
many different ideas about how NFS
lands should be managed. Furthermore,
a plan could potentially include a
variety of different desired conditions,
objectives, suitable uses, guidelines, and
special area designations. The Agency
also recognizes that the public should
be involved in determining what plan
components should be. Therefore, the
proposed rule emphasizes participation
and collaboration with the public at all
stages of plan development, plan
amendment, or plan revision.
The responsible official and the
public will review the various options
to change the plan, and together they
will successively narrow potential plan
component options until a proposed
plan is developed. However, the
proposed rule also recognizes that it is
not always possible or desirable to
present only one proposed plan for
public comment and, therefore, the
responsible official can develop options
to the proposed plan for public
comment when appropriate.
The Forest Service will ensure the
process for plan development will be
transparent to the public. Key steps in
development of the proposed plan will
be documented in the plan document or
set of documents, which will be
available to the public. While the
proposed rule requires the responsible
official to collaborate with the public
and that a record of that collaboration be
kept, it does not require in-depth social,
economic, or ecological analysis of
every potential option for a plan. Indepth analysis, documented in an
evaluation report, is required only for
the proposed plan and the options that
remain after public collaboration.
The plan approved by the responsible
official will be a result of public
participation and collaboration that will
have included consideration of a variety
of different ways to manage a national
forest, grassland, prairie, or other
comparable administrative unit.
Although the responsible official will
continue to have the responsibility and
the authority to make the final decision,
the proposed plans that the Forest
Service will present for public comment
will be plans jointly and collaboratively
developed with the public. The Agency
hopes this approach to plan
development will serve to encourage
people to work together to understand
each other and find common solutions
to the important and critical planning
issues the Agency faces. In summary,
this proposed rule emphasizes
collaboration and offers abundant
opportunities for more effective public
involvement.
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• Plans Should Guide Sustainable
Management of NFS Lands
As did the 2000 planning rule, this
proposed rule makes sustainability the
overall goal for NFS planning. Managing
NFS lands for sustainability of their
renewable resources meets the Multiple
Use and Sustained Yield Act of 1960
(MUSYA) mandate that the Secretary
develop and administer the renewable
surface resources of the national forests
for multiple use and sustained yield (16
U.S.C. 529). Managing for sustainability
will provide for management of the
various renewable resources without
impairment of the productivity of the
land, as required by the MUSYA.
Sustaining the productivity of the land
and its renewable resources means
meeting present needs without
compromising the ability of those lands
and resources to meet the needs of
future generations. The proposed rule is
identical to the 2005 planning rule for
social, economic, and ecological
sustainability requirements.
NFMA requires guidelines for plans
that provide for diversity of plant and
animal communities (16 U.S.C.
1604(g)(3)(B)) based on the suitability
and capability of the land area to meet
overall multiple-use objectives. Almost
30 years after passage of the NFMA, the
concepts of biological diversity at
different spatial and temporal scales,
including genetic diversity, species
diversity, structural diversity, and
functional diversity have been
substantially refined and developed.
Today, the Agency has a vast array of
methods available to provide for
diversity. The complexity of biological
diversity often results in a
correspondingly complicated array of
concepts, measures, and values from
several scientific disciplines.
The 2002 proposed rule asked for
comments on an ecosystem approach
(67 FR 72770, December 6, 2002). The
Agency also hosted a workshop to
arrange an opportunity for public
discussion of the ecosystem approach
and for identification of other ideas on
how best to meet the statutory diversity
requirement. Both in public comments
and during the workshop, people
expressed an extremely wide range of
opinions. The Agency found these
comments useful in developing a
scientifically credible and realistic
approach for this proposed rule and in
the development of Forest Service
directives that meet legal requirements
and the Agency’s stewardship
responsibilities.
In common with 2002 proposed rule
and the 2000 planning rule, the
proposed rule approaches diversity at
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two levels of ecological organization:
The ecosystem level and the species
level. This concept has considerable
support among scientists, has already
been tested by a number of NFS
administrative units developing or
revising plans under the 1982 planning
rule, and the now enjoined 2005
planning rule.
The Agency developed the proposed
rule based on the following concepts
related to diversity:
First, maintenance of the diversity of
plant and animal communities starts
with an ecosystem approach. In an
ecosystem approach, the plan will
provide a framework for maintaining
and restoring ecosystem conditions
necessary to conserve most species.
Second, where the responsible official
determines that the ecosystem approach
alone does not provide an adequate
framework for maintaining and restoring
conditions to support specific federally
listed threatened or endangered species,
species-of-concern, and species-ofinterest, the plan must include
additional provisions for these species.
This proposed rule defines species-ofconcern as those species for which the
responsible official determines that
continued existence is a concern and
listing under the Endangered Species
Act (ESA) may become necessary. This
proposed rule defines species-of-interest
as those species for which the
responsible official determines that
management actions may be necessary
or desirable to achieve ecological or
other multiple-use objectives. The
Forest Service directive (FSH 1909.12,
section 43.22) identifies lists of species
developed by objective and
scientifically credible third parties,
including the U.S. Fish and Wildlife
Service and NatureServe (https://
www.natureserve.org/).
Third, Agency managers should
concentrate their efforts on contributing
to sustaining species where Forest
Service has the authority and capability
to carry out management activities that
may affect species rather than where the
cause of species decline is outside the
limits of Agency authority or the
capability of the plan area.
Fourth, the presence of all native and
desired non-native species in a plan
area is important. However, the
responsible official should have the
flexibility to determine the degree of
conservation to be provided for the
species that are not in danger of ESA
listing, to better balance the various
multiple uses, including the oftencompeting needs of different species
themselves.
Fifth, the planning framework should
provide measures for accounting for
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progress toward ecosystem and species
diversity goals. The proposed rule and
the Forest Service directives provide a
framework within which efforts to
maintain and restore species will be
monitored. Progress toward desired
conditions and objectives will be
monitored and the results made
available to the public. The adaptive
management process, which includes
monitoring and feedback, will help
maintain and improve diversity.
The proposed rule is less detailed
than 2002 proposed rule or the 2000
planning rule with respect to specific
ecosystem analysis requirements. After
reviewing public comments, and after
consideration of the Forest Service’s
experience with planning over the past
25 years, the Agency concluded that
such detail about analysis is more
properly included in the Forest Service
directives. These directives can be more
extensive and can be more easily
updated as the Agency learns how to
improve its analytic processes and as
new scientific concepts and new
technological capabilities become
available.
The Forest Service developed
directives for the enjoined 2005 rule
that set forth the overall guidance that
Forest Service employees would need to
use that rule. The Forest Service
directives (FSM 1921.7, FSH 1909.12,
chapter 40) include appropriate analysis
processes. The Agency believes it is
more appropriate to put specific
procedural analytical requirements in
the Forest Service directives rather than
in the rule itself so that the analytical
procedures can be changed more easily
if new and better techniques emerge.
The proposed rule focuses on
ecosystem diversity as the primary
means of providing for the diversity of
plant and animal communities. The
proposed rule does not explicitly
require analysis of ecosystem
characteristics, natural variation under
historic disturbance regimes, or spatial
scales. However, guidance on
appropriate analysis is included in the
Forest Service directives (FSM 1921.7,
FSH 1909.12, chapter 40).
Another point in common between
this proposed rule and 2002 proposed
rule is the concept that the more
effective the ecosystem management
guidance is in sustaining species
habitat, the less need there is for
analysis and planning at the species
level of ecological organization. This
proposed rule recognizes that some
additional analysis and additional plan
provisions may be needed for some
species. It is the Agency’s expectation
that in developing the plan components,
especially the desired conditions, that
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plans will supply sufficient detail for
characteristics of both ecosystem
diversity and species diversity to
provide the ecological conditions
necessary to conserve and recover
species and prevent the listing of at-risk
species. We will collaborate with the
ESA regulatory agencies in the
development of these plan components
for listed species. However, the
proposed rule does not include a
requirement to provide for viable
populations of plant and animal species.
Such a requirement had previously been
included in both the 1982 planning rule
and the 2000 planning rule.
The species viability requirement was
not proposed for several reasons:
First, the experience of the Forest
Service under the 1982 planning rule
has been that ensuring species viability
is not always possible. For example,
viability of some species on NFS lands
may not be achievable because of
species-specific distribution patterns
(such as a species on the extreme and
fluctuating edge of its natural range), or
when the reasons for species decline are
due to factors outside the control of the
Agency (such as habitat alteration in
South America causing a decline of
some Neotropical birds), or when the
land lacks the capability to support
species (such as a drought affecting fish
habitat).
Second, the number of recognized
species present on the units of the NFS
is very large. It is clearly impractical to
analyze all species, and previous
attempts to analyze the full suite of
species via groups, surrogates, and
representatives have had mixed success
in practice.
Third, focus on the viability
requirement has often diverted attention
and resources away from an ecosystem
approach to land management that, in
the Agency’s view, is the most efficient
and effective way to manage for the
broadest range of species with the
limited resources available for the task.
The ecosystem approach is consistent
with the statute. NFMA requires the
Agency to provide for diversity of plant
and animal communities based on the
suitability and capability of the specific
land area in order to meet overall
multiple-use objectives.
Requirements for species population
monitoring are not included in this
proposed rule. Population data are
difficult to obtain and evaluate because
there are so many factors outside the
control of the Forest Service that affect
populations. The Agency believes that it
is best to focus the Agency’s monitoring
program on habitat on NFS land where
the Agency can adjust management to
meet the needs of certain species.
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Desired conditions are often a focus of
the monitoring program. The Agency
will identify species-of-concern and
species-of-interest (§ 219.16). Where
ecological conditions for these species
are identified as desired conditions, the
habitat could be monitored to assist in
avoiding future listing of these species.
However, the proposed rule does not
preclude population monitoring. Plans
may include population monitoring as
appropriate.
In summary, in compliance with
NFMA, the ecological sustainability
provisions in the proposed rule require
the foundation of the plan to provide for
diversity of plant and animal
communities. The proposed rule
requires a complementary ecosystem
and species diversity approach for
ecological sustainability. The proposed
rule at § 219.7(a)(2) establishes
requirements for developing plan
components to guide projects and
activities. All parts of the land
management framework, including plan
components, monitoring, and plan
adjustment, are designed to work
together to contribute to sustainability.
This framework requires the responsible
officials to act and empowers them to
tailor the plan to sustainability needs
and conditions.
• Environmental Management Systems
and Adaptive Management
Adaptive Management and Land
Management Planning
Plans must adapt to ever-changing
conditions. Agency policy may change,
new laws may be enacted, or court
decisions can change interpretation of
existing laws. Fires, invasive species, or
outbreaks of insects or disease can
substantially change environmental
conditions. Changes in market
conditions or public values may shift
the demand for specific goods and
services. Changes in future climate
elements such as absolute or relative
humidity, clouds and sky conditions,
precipitation, snow depth, snowfall, soil
temperature and moisture, solar
radiation, temperature, wind speed and
direction may influence the structure,
function, and productivity of forest and
related ecosystems. Scientific findings
can change our understanding of the
environment and of the effects of
specific management activities. Better
monitoring techniques or ways to
achieve objectives may be found. Plans
must reflect the fact that ecological
conditions are dynamic and that change
and uncertainty are inevitable.
Consequently, plans must allow for
quick response to these ever-changing
conditions.
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The National Association of
University Forest Resources Programs
and others commented on the 2002
proposed rule about the importance,
from the scientific perspective, of using
adaptive management when dealing
with complex ecosystems. In 1999, the
Committee of Scientists (COS)
developed recommendations that
strongly encouraged the use of adaptive
management. The COS recommended
placing a high priority on developing
ongoing analyses that are based on
monitoring to continually adjust or
change land management planning
decisions. In response to these
comments and recommendations to
place a greater emphasis on and commit
to adaptive management, the Agency
has chosen to rely on environmental
management systems (EMS) to support
the land management framework.
The adaptive management approach
supported by an EMS includes plans,
comprehensive evaluations, monitoring,
evaluation, and research. Adaptive
management requires careful
coordination of the work performed
through these programs. It does not
require equal emphases among these
various programs, but rather requires
organizational learning, an active
pursuit of best available scientific
information, evaluation and disclosure
of uncertainties and risks about
scientific information, and a response to
change.
A plan with a comprehensive
evaluation starts the adaptive
management cycle. Managers then
pursue ways to achieve desired
conditions and objectives described in
the plan. The comprehensive evaluation
may describe the risks and uncertainties
associated with carrying out projects
and activities under the plan. Managers
prioritize risks and develop strategies to
control them.
Monitoring and evaluations check for
status and change across the
administrative unit. Monitoring results
may show that the desired conditions
are not being achieved through projects.
This may trigger changes in the design
of future projects to reach desired
conditions. Alternatively, monitoring
results may lead to conclusions that the
plan should be changed through a plan
amendment.
Research is an important part of
adaptive management. Through
experimentation and long-term
ecological studies, researchers
investigate cause and effect
relationships of management practices
on the environment. Experiments test
hypotheses and researchers develop
reliable knowledge about effects of
management practices. The new
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information may be used to amend
plans, amend directives, or change
project level work.
Land Management Plans, Adaptive
Management, and EMS
This proposed rule requires the
responsible official to establish an EMS
based on the international consensus
standard published by the International
Organization for Standardization as
‘‘ISO 14001: Environmental
Management Systems—Specification
With Guidance For Use’’ (ISO
14001:2004). The Agency is developing
a national EMS framework that will
include aspects and components for
sustainable consumption and land
management that will be included in
each unit EMS. Each unit will also be
required to identify any additional local
aspects and components that will be
added to the local unit EMS. The Forest
Service would design and implement
the national framework elements and
the local unit EMS to enable the Forest
Service to meet its legal obligations
more efficiently by providing a
nationally consistent approach to
adaptive management.
The Agency’s approach to EMS under
the proposed rule incorporates lessons
learned from the fiscal year (FY) 2006
EMS pilot efforts. These pilot efforts
involved all Forest Service regions and
18 national forests and grasslands. The
pilot efforts revealed that a forest-byforest approach to EMS: (1) Creates
many redundancies, (2) burdens field
units with unnecessary duplicative
work, (3) introduces inconsistencies,
and (4) makes it difficult to assess
regional and national trends emerging
from EMS efforts because there is no
standardization between units. Because
of these problems, the Forest Service
now proposes to develop a single,
national EMS framework that will serve
as the basis for environmental
improvement on each unit of the
National Forest System (NFS) and as the
basis for the EMS to be established on
each unit.
The national EMS framework
includes three focus areas: Sustainable
consumption, land management, and
local. The sustainable consumption
focus area concentrates on the
consumption of resources and related
environmental impacts associated with
the internal operations of the Forest
Service. This focus area is the Agency’s
way to achieve the goals of Executive
Order 13423, ‘‘Strengthening Federal
Environmental, Energy, and
Transportation Management.’’ The
sustainable consumption focus area
applies to items such as increasing
energy efficiency, reducing the use of
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petroleum in fleets, and improving
waste prevention and recycling
programs. The activities covered under
this focus area include aspects and
components that will be addressed in
each local unit EMS.
The land management focus area
applies to three land management
activities applicable to all national
forests and grasslands. A review of the
2006 EMS pilot program and review of
the Agency’s Strategic Plan found each
local unit EMS will at a minimum
include: (1) Vegetation management, (2)
wildland fire management, and (3)
transportation system management as
significant aspects. The uniform
approach to sustainable consumption
and land management aspects and
components in each local unit EMS will
enable the Forest Service to track
progress in achieving the objectives of
the Forest Service Strategic Plan and
unit land management plans and supply
a feedback loop that will help improve
the Agency’s response when goals and
objectives are not being met.
The local focus area allows local unit
EMS to include aspects and components
specific to an individual unit’s
environmental conditions and
programs. Each Forest Service unit’s
EMS will likely differ with respect to
the local focus area as opposed to the
nationally standardized sustainable
consumption and land management
focus areas.
Each administrative unit will
implement their own EMS, which
includes the aspects and components
developed under the sustainable
consumption and land management
focus areas of the national EMS
framework. Additionally, each unit will
either include additional local aspects
and components to the unit EMS or
determine that the national aspects and
components are sufficient to meet local
needs. Each unit will monitor and
collect data for all components of its
EMS. Data collected and reviewed at the
unit level for the sustainable
consumption and land management
focus areas will be to a national
standard, providing the ability to
aggregate this information at the
regional and national levels. The local
data, as well as information developed
under the national framework, will
inform future decisions in the adaptive
EMS cycle on the local unit.
The national EMS framework will use
a systematic approach to identify and
manage environmental conditions and
obligations to achieve improved
performance and environmental
protection. The national EMS
framework will facilitate the
identification of and help prioritize
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environmental conditions; set objectives
in light of Congressional, Agency, and
public goals; document procedures and
practices to achieve those objectives;
and monitor and measure
environmental conditions to track
performance and verify that objectives
are being met. Agency management
personnel will regularly review
performance, and information about
environmental conditions will be
regularly updated to improve
environmental performance continually.
By systematically collecting and
updating information about
environmental conditions and practices
(for example, through monitoring,
measurement, research, and public
input), the EMS will support a
foundation for effective adaptive
management, plan amendments, or even
changing specific project or work
practices. The Agency expects that,
whenever possible, EMS and plan
documentation will be coordinated and
integrated to avoid unnecessary
duplication.
Under the proposed rule and to
conform to the ISO standard, the
implementation of ISO 14001 in NFS
administrative units will have to reflect
the legal and other obligations of the
Agency, as well as the environmental
conditions and issues relevant to land
management, such as sustainability and
long-term issues, including cumulative
effects.
The Agency’s use of EMS will more
efficiently meet legal obligations, will
increase the transparency of Agency
operations, and will enhance the
Agency’s ability to identify and respond
to public input. Creating a transparent
and consistent framework that describes
how natural resources on administrative
units are managed will improve the
public’s ability to participate more
effectively in land management. The
units’ EMS will not replace any legal
obligations that the Agency has under
NFMA, MUSYA, NEPA, or any other
statute, nor will the EMS diminish the
public’s ability to participate in the land
management process or its rights under
any law. To the contrary, use of EMS
will significantly improve the public’s
ability to participate effectively in land
management planning by providing a
record of the Agency’s efforts to
continuously improve its environmental
performance.
The Agency chose ISO 14001 as the
EMS model for several reasons. First, it
is the most commonly used EMS model
in the United States and around the
world. This will make it easier to
implement and understand (internally
and externally) because there is a
significant knowledge and experience
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base regarding ISO 14001. Second, the
National Technology and Advancement
Act of 1995 (NTAA) (Pub. L. 104–113)
requires that Federal agencies use or
adopt applicable national or
international consensus standards
wherever possible, in lieu of creating
proprietary or unique standards. The
NTAA’s policy of encouraging Federal
agencies to adopt tested and wellaccepted standards, rather than
reinventing-the-wheel, clearly applies to
this situation where there is a readymade international and national EMS
consensus standard (through the
American National Standards Institute)
that has already been successfully
implemented for almost a decade.
Third, it has been a long-standing policy
that Federal agencies establish and
implement EMSs to improve
environmental performance. For
example, Executive Order 13148 issued
April 21, 2000 (E.O. 13148), titled
Greening the Government Through
Leadership in Environmental
Management; April 1, 2002,
Memorandum from the Chair of the
Council on Environmental Quality and
the Director of the Office of
Management and Budget to the heads of
all Federal agencies; Executive Order
13423 issued January 24, 2007 (E.O.
13423) titled Strengthening Federal
Environmental, Energy and
Transportation Management. Federal
agencies that have implemented EMS in
response to the E.O. 13148 and the E.O.
13423 have typically used ISO 14001 as
their model.
Several administrative units
established their EMS as a part of the
pilot effort before adoption of a
consistent national approach. Those
administrative units’ EMS’s include
locally unique significant aspects and
components as well as the aspects and
components they have in common with
other units. Those aspects and
components they have in common with
other units are similar to the aspects and
components being developed under the
sustainable consumption and land
management focus areas of the national
EMS framework. Because an EMS must
include procedures to upload new
requirements, these administrative units
have procedures to transition to the
requirements developed under the
national EMS sustainable consumption
and land management focus areas and
they will subsequently conform to the
national framework. Therefore, there
would not be a transition period under
§ 219.14(b) for the administrative units
that have completed EMS’s under
§ 219.5.
Administrative units that do not have
an EMS will satisfy the requirement in
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§ 219.5 after they develop an EMS that
implements the national framework and
either adds significant aspects and
components under the local focus area
or determine that the national
framework focus areas sufficiently
address the local unit’s significant
aspects and components.
• National Environmental Policy Act
and National Forest Management Act
Planning
The application of NEPA to the
planning process as identified in this
proposed rule is the next iterative step
in an evolution that began with the
promulgation of the 1979 planning rule,
revised in 1982. In developing the
NEPA provisions of this proposed rule,
the Agency took into account: (1) The
nature of the five plan components
under this proposed rule; (2) the
experience the Agency has gained over
the past 25 years from developing,
amending, and revising plans; (3) the
requirements of NEPA and NFMA; (4)
the Council on Environmental Quality
(CEQ) regulations; and (5) the comments
by the Supreme Court in Ohio Forestry
Ass’n v. Sierra Club and Norton v.
Southern Utah Wilderness Alliance
about the nature of plans themselves.
The 1979 planning rule required an
environmental impact statement (EIS)
for development of plans, significant
amendments, and revisions. This
requirement continued in the revised
rule adopted in 1982. At the time, the
Forest Service believed that the NEPA
document prepared for a plan would
suffice for making most project-level
decisions. However, the Agency came to
understand that this approach to
complying with NEPA was impractical,
inefficient, sometimes inaccurate, and
not helpful with the plan
decisionmaking process. Over the
course of implementing NFMA during
the past 25 years, the Agency has
concluded that environmental effects of
projects and activities cannot be
meaningfully evaluated without
knowledge of the specific timing and
location of the projects and activities.
At the time of plan approval, the
Forest Service does not have detailed
information about what projects and
activities will be proposed over the 15year life of a plan, how many projects
will be approved, where they will be
located, or how they will be designed.
At the point of plan approval, the Forest
Service can only speculate about the
projects that may be proposed and
budgeted, or the natural events, such as
fire, flood, insects, and disease that may
occur making unanticipated projects
necessary or forcing changes in the
projects and the effects of projects that
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were contemplated. Indeed, the Forest
Service has learned that over the 15-year
life of a plan it can only expect the
unexpected.
In the course of completing NEPA
analysis on the first generation of NFMA
plans, the Forest Service also became
more aware of the difficulties of scale
created by the size of the national
forests and grasslands. The National
Forest System includes 193 million
acres, and individual planning units,
such as the Tongass National Forest,
may be as large as 17 million acres.
These vast landscapes contain an
enormous variety of different
ecosystems, which will respond
differently to the same management
practices. As the Committee of
Scientists (COS) said on page 26 of the
Committee of Scientists Report:
Because of the wide variation in sitespecific practices and local environmental
conditions (e.g., vegetation type, topography,
geology, and soils) across a given national
forest or rangeland, the direct and indirect
effects of management practices may not
always be well understood or easily
predicted. (Committee of Scientists Report,
March 15, 1999, U.S. Department of
Agriculture, Washington, DC 193 p.)
The result is that it is usually
infeasible to do environmental analysis
for a national forest as a whole that is
sufficiently site-specific to allow
projects to be carried out without
further detailed NEPA analysis after the
plan has been approved.
The Agency has found itself preparing
much more extensive NEPA
documentation for projects than it had
anticipated when it adopted the 1979
and 1982 planning rules. Moreover, the
extensive changes to conditions in the
plan area that occurred during the 15year life of each plan made it
increasingly impractical to tier projectlevel NEPA documentation to the plan
EIS. The requirements of the 1979 and
1982 planning rules created an
inefficient and ineffective system for
complying with NEPA.
The 2000 planning rule furthered the
existing presumption of requiring an EIS
for plan development or revision,
notwithstanding concerns raised by the
COS. Secretary Glickman named the
COS on December 11, 1997. The charter
for the COS stated that the Committee’s
purpose was to provide scientific and
technical advice to the Secretary of
Agriculture and the Chief of the Forest
Service on improvements that can be
made in the National Forest System
Land and Resource Management
Planning Process.
The COS said, on page 117 of the
Committee of Scientists Report:
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Perhaps the most difficult problem is that
the current EA/EIS process assumes a onetime decision. The very essence of smalllandscape planning is an adaptive
management approach, based upon
monitoring and learning. Although smalllandscape planning can more readily do realtime cumulative effects analysis * * *, this
kind of analysis is difficult to integrate with
a one-time decision approach. Developing a
decision disclosure and review process that
is ongoing and uses monitoring information
to adjust or change treatments and activities
will need to be a high priority * * *.
(Committee of Scientists Report, March 15,
1999, U.S. Department of Agriculture,
Washington, DC 193 p.)
In addition to concern about timely
and accurate disclosure of
environmental effects, the Agency’s
experience with planning has
demonstrated the need to clarify what
plans do. Neither the 1982 nor the 2000
planning rule clearly described or
contrasted the differences between the
effects of plans and the effects of
projects and activities. This has been
confusing to the public and Agency
employees. As discussed previously in
the guidelines and the suitability
discussions, plan components have not
been applied or interpreted consistently
throughout the Agency and often have
been characterized as the functional
equivalent of final project-level
decisions or actions, rather than
guidance for projects and activities over
time.
This proposed rule clarifies that plan
components will be strategic rather than
prescriptive, absent extraordinary
circumstances. Plans will describe the
desired social, economic, and ecological
conditions for a national forest,
grassland, prairie, or other comparable
administrative unit. Plan objectives,
guidelines, suitable uses, and special
area identifications will be designed to
help achieve the desired conditions.
While plans will identify the general
suitability of lands for various uses, they
typically will not approve projects or
activities with accompanying
environmental effects. Decisions
approving projects or activities that
have environmental effects that can be
meaningfully evaluated will typically be
made subsequent to the plan. Plans
under the proposed rule will describe
desired conditions and objectives for the
plan area, and provide guidance for
future decisionmaking. Consistent with
the nature of plans recognized by the
Supreme Court in Ohio Forestry Ass’n v.
Sierra Club, (523 U.S. 726, 737 (1998))
(Ohio Forestry), plan components under
this proposed rule typically will not
include proposals for actions that
approve projects and activities, or that
command anyone to refrain from
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undertaking projects and activities, or
that grant, withhold or modify contracts,
permits or other formal legal
instruments. Typically, plan
components under this proposed rule
will not be linked in a cause-effect
relationship over time and within a
geographic area to effects on the human
environment.
Notwithstanding a plan’s strategic
nature, Agency approval of a plan, plan
amendment, or plan revision is a
Federal action under the CEQ
regulations. Under NEPA and the CEQ
regulations, an EIS is required for every
report or recommendation on proposals
for legislation and other major Federal
actions significantly affecting the
quality of the human environment (16
U.S.C. 4321 et seq., 40 CFR 1502.3).
CEQ regulations explain that ‘‘Federal
actions’’ generally tend to fall within
several categories. Although these
categories include adoption of formal
Agency plans within the definition of
‘‘federal action,’’ not all federal actions
are major federal actions significantly
affecting the quality of the human
environment. Plans under this proposed
rule, as evidenced by their five
components, are strategic and
aspirational in nature. As previously
explained, plans under this proposed
rule normally will not include decisions
with on-the-ground effects that can be
meaningfully evaluated.
However, approval of parts of such
actions may have environmental effects
in some extraordinary circumstances.
For example, plans developed under the
1982 planning rule sometimes included
specific final decisions (such as oil and
gas leasing under 36 CFR 228.102(d)) or
decisions establishing specific
prohibitions (such as decisions
prohibiting motorized vehicles in
certain areas). In some extraordinary
circumstances, an amendment or
revision might include a decision
approving a project to thin certain trees
to reduce fire hazards, which might
have environmental effects that could be
significant. In such cases, the Agency
would consider these separately under
Forest Service NEPA procedures, and
further analysis and documentation in
an EA or EIS may be appropriate.
Plan components provide a strategic
framework and guidance—they
typically will not authorize or compel
changes to the existing environment.
Achieving desired conditions depends
on future management decisions that
will help effect a change toward or
maintain these desired conditions over
time. Thus, without a proposal for
action that approves projects and
activities, or that commands anyone to
refrain from undertaking projects and
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activities, or that grants, withholds or
modifies contracts, permits or other
formal legal instruments, the plan
components cannot be linked in a
cause-effect relationship over time and
within the geographic area to effects on
air quality; threatened and endangered
species; significant scientific, cultural,
and historic resources; water quality;
nor other resources. Therefore, the plan
components typically will not have a
significant effect on the quality of the
human environment.
NFMA requires the Secretary of
Agriculture to determine how to comply
with NEPA during the course of NFMA
planning. Section 106(g)(1) of NFMA
directs the Secretary to specify in land
management regulations procedures to
insure that plans are prepared in
accordance with NEPA, including
direction on when and for what plans
an EIS is required (16 U.S.C. 1604(g)(1)).
The CEQ regulations direct Federal
agencies to adopt procedures that
designate major decision points for the
Agency’s principal programs likely to
have a significant effect on the human
environment and insure that the NEPA
process corresponds with them (40 CFR
1505.1(b)).
During plan development,
amendment, or revision, the Agency
generally is not at the stage in national
forest planning of proposing actions to
accomplish the goals in plans. CEQ
regulations define ‘‘proposals’’ that can
trigger the requirement for an EIS as
‘‘that stage in development of an action
when an Agency subject to the Act has
a goal and is actively preparing to make
a decision on one or more alternative
means of accomplishing that goal and
the effects can be meaningfully
evaluated’’ (40 CFR 1508.23). The
statements of desired conditions (goals)
and objectives in a plan typically
influence the choice and design of
future proposed projects and activities
in the plan area. However, the influence
that desired conditions have on the
direct, indirect, and cumulative effects
of future projects or activities is not
known and cannot be meaningfully
analyzed until such projects and
activities are proposed by the Agency.
Meaningful analysis of the effects of a
plan is not possible because plan
components typically cannot be linked
in a cause-effect relationship over time
and within a geographic area to effects
on the human environment. This causeeffect relationship is lacking when plans
do not include proposals for actions that
approve projects and activities; that
command anyone to refrain from
undertaking projects and activities; or
that grant, withhold, or modify
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contracts, permits, or other formal legal
instruments.
The Agency views a final decision on
a proposed action as having effects on
the air quality; threatened and
endangered species; significant
scientific, cultural, and historic
resources; water quality; or other
resources when such effects may occur
without additional action from the
Agency other than routine
administrative actions to carry out the
decision. There normally is a causeeffect relationship between the project
or activity and the environmental
impacts. For example, there would
normally be a cause-effect relationship
between the decision to approve a
timber sale and the direct, indirect, and
cumulative effects on the environment
of the timber sale project.
No such cause-effect relationship
exists when the Agency merely
designates an area as suitable for timber
harvest because a timber sale may never
be proposed for the area. Even though
the area is designated as suitable for
timber harvest, the area may never be
used for timber harvest. For land
management plans developed under the
proposed planning rule, a cause-effect
relationship typically does not exist. To
establish a cause-effect relationship for
a land management plan, plan revision,
or plan amendment, it is not sufficient
to find that one or more plan
components increase or decrease the
likelihood of effects from future actions
on one of the unit’s resources. A plan
component may indeed be a preliminary
step for a later decision, which has
environmental effects. Unless and until
that later decision is made and carried
out, no effects occur. Thus, the act of
planning done, while preliminary to the
decision, itself causes no effects. It is
only when a plan component by itself,
without further analysis and
decisionmaking by the Agency, will
either allow actions or prohibit actions
by the Agency or other parties that
effects on natural resources may be
caused by the plan component.
While a plan includes desired
conditions (goals) and objectives, the
Forest Service does not make a decision
on an action aimed at achieving desired
conditions or objectives until the
Agency proposes projects and activities
under the plan. Thus, the decision to
adopt, amend, or revise a plan is
typically not the point in the
decisionmaking process at which the
Agency is proposing an action likely to
have a significant effect on the human
environment.
The approach in this proposed rule is
consistent with the nature of Forest
Service land management plans
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acknowledged in Ohio Forestry Ass’n v.
Sierra Club, 523 U.S. 726 (1998). As
described above, in Ohio Forestry, the
Supreme Court held that the timber
management provisions of land
management plans are tools for further
Agency planning, and these provisions
guide, but do not direct future
management. When considering the role
of land management plans for timber
harvesting, the Supreme Court
explained that:
Although the Plan sets logging goals,
selects the areas of the forest that are suited
to timber production, and determines which
‘‘probable methods of timber harvest’’ are
appropriate, it does not itself authorize the
cutting of any trees. Before the Forest Service
can permit the logging, it must: (a) Propose
a specific area in which logging will take
place and the harvesting methods to be used;
(b) ensure that the project is consistent with
the Plan; (c) provide those affected by
proposed logging notice and an opportunity
to be heard; (d) conduct an environmental
analysis pursuant to the National
Environmental Policy Act of 1969, to
evaluate the effects of the specific project and
to contemplate alternatives; and (e)
subsequently make a final decision to permit
logging, which affected persons may
challenge in an administrative appeals
process and in court.
The Supreme Court also described
plans as merely strategic and without
any immediate on-the-ground impact in
the SUWA decision discussed above in
the preamble section titled ‘‘The
Strategic nature of land management
plans.’’ In both cases, the Supreme
Court recognized the strategic nature of
plans. The Supreme Court’s analysis is
consistent with and reinforces the
Forest Service’s approach to this issue,
which is based on 25 years of
completing EISs for plans. The Supreme
Court’s analysis also supports the
approach to planning and NEPA
compliance that we are taking in the
proposed rule.
In accordance with NFMA, NEPA,
and the Council on Environmental
Quality (CEQ) regulations for
implementing the procedural provision
of NEPA, this proposed rule will ensure
that Forest Service NEPA analysis will
be appropriately timed to coincide with
those stages in Agency planning and
decisionmaking likely to have a
significant effect on the human
environment. The proposed rule
emphasizes the clear distinction
between the adoption, revision, or
amendment of a plan, versus projects
and activities having on-the-ground
environmental effects. In this proposed
rule, the Agency clarifies that plans are
strategic. Because plans are strategic,
this proposed rule specifies that plans,
plan amendments, and plan revisions
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may be categorically excluded from
NEPA documentation as specified in
Agency NEPA procedures.
The CEQ regulations (40 CFR parts
1500–1508) require that each Agency
establish specific criteria for and
identification of three types of actions:
(1) Those that normally require
preparation of an environmental impact
statement (EIS); (2) those that normally
require the preparation of an
environmental assessment (EA); and (3)
those that normally do not require either
an EA or EIS. Actions in this third type
are defined as categorical exclusions
because they do not individually or
cumulatively have a significant impact
on the human environment; therefore,
neither an environmental assessment
nor an environmental impact statement
is required (40 CFR 1508.4).
A categorical exclusion is not an
exemption from the requirements of
NEPA. Categorical exclusions are an
essential part of NEPA implementation.
Categorical exclusions provide a
categorical determination that certain
actions do not result in significant
impacts, eliminating the need for
individual analyses and lengthier
documentation for those actions. Before
the Forest Service approves a categorical
exclusion, the Agency extensively
analyses any effects from the type of
action under consideration. If the
Agency determines that potential effects
of the action are non-significant and if
CEQ finds that the Agency’s
determination conforms with NEPA and
the CEQ regulations, only then can the
Agency approve a categorical exclusion.
To reduce excessive paperwork, CEQ
regulations at 40 CFR 1500.4(p), 1507.3,
and 1508.4 direct agencies to use
categorical exclusions to define
categories of actions, which do not
individually or cumulatively have a
significant effect on the human
environment and do not require the
preparation of an environmental
assessment or an environmental impact
statement. Current Forest Service
procedures for complying with and
implementing NEPA are set out in
Forest Service Handbook (FSH) 1909.15.
The Forest Service approved a
categorical exclusion for the
development, amendment, and revision
of plans on December 15, 2006 (71 FR
75481). The categorical exclusion is set
out in FSH 1909.15, chapter 30, which
is available electronically at https://
www.fs.fed.us/im/directives. The
Agency proposed the categorical
exclusion on January 5, 2005 (70 FR
1062). The Forest Service provided a 60day comment period on the proposed
land management planning categorical
exclusion (Planning CE) (70 FR 1062;
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January 5, 2005). The Forest Service
received 55,000 comments in 3,334
responses (letters, form letters, and
petitions). In addition, the Forest
Service presented and sought public
comment on this approach to NEPA and
NFMA planning in the 2002 proposed
rule. The categorical exclusion clarifies
that, absent extraordinary
circumstances, plan development, plan
amendment, or plan revisions do not
significantly affect the environment, and
thus are categorically excluded from
further NEPA analysis. The Forest
Service will comply with all applicable
NEPA requirements, including
preparation of an EA or an EIS where
appropriate, for example, when
considering specific projects or making
other project-specific decisions that may
affect the human environment.
The Agency identified three key
public concerns related to categorically
excluding plans. First, many people
commented that they were unsure about
how they would be involved in
planning if an EIS process were not
used. Second, they questioned how
planning analysis would be documented
in the absence of an EIS. Third, some
asked how cumulative effects would be
accounted for if a Categorical Exclusion
(CE) were relied upon. The Agency has
fully considered the concerns raised by
the public and believes the proposed
rule addresses the concerns as follows:
Public Participation
This proposed rule includes extensive
opportunity for public participation that
goes beyond the requirements for public
participation under the NEPA EIS
process and improves the clarity of the
process for public notification (§ 219.9).
For example, the proposed rule requires
the Forest Service to involve the public
in developing and updating the
comprehensive evaluation report,
establishing the components of the plan,
and designing the monitoring program.
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Evaluations and Documentation
This proposed rule requires three
types of evaluation reports:
Comprehensive evaluations, evaluations
for plan amendments, and annual
evaluations of monitoring information
(§ 219.6). Evaluation reports: (1)
Document existing social, economic,
and ecological conditions and trends;
(2) will be available to the public and
included in the plan document or set of
documents; (3) are prepared for plan
development, plan amendment, and
plan revision; (4) use a systematic and
interdisciplinary approach (§ 219.7(a));
and (5) consider environmental
amenities and values along with
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economic and technical considerations
(§ 219.10).
The responsible official will
supplement the plan document or set of
documents with annual evaluation
reports and with other information as
appropriate to form a continually
refreshed and current analytical base of
information. Because of this more
current information base, evaluations
will supply a much stronger and more
robust source of information to rely on
for project and activity environmental
analysis than a plan level EIS prepared
as required under the 1982 planning
rule.
Cumulative Effects
Predictive EIS environmental analysis
under the 1982 planning rule grew
increasingly stale over time when the
information and analyses were not
updated. In contrast, the proposed rule
will support more timely and informed
consideration of cumulative effects. To
account for cumulative effects of
management and natural events, this
proposed rule requires (§ 219.6(a)): (1) A
comprehensive evaluation of current
conditions and trends for the
development of a new plan or plan
revision; (2) annual plan monitoring and
evaluation; and (3) update of the
comprehensive evaluation of current
conditions and trends at least every 5
years. The plan document or set of
documents also supports a robust
information base for the consideration
of cumulative effects of Agency
proposals in NEPA documents prepared
for projects or activities.
The Relationship Between EMS and
NEPA
For some elements of the adaptive
management process, EMS will generate
information that may be useful in
Agency NEPA analysis of projects and
activities. However, the greatest
improvement in Agency operations will
be associated with completing the
adaptive management cycle described in
the proposed rule. This will lead to an
improvement in plan components under
which responsible officials will conduct
project and activity NEPA analysis.
Under the 1982 planning process, the
Agency collects information about
environmental conditions to prepare
detailed NEPA analysis and document
plan development, plan amendment, or
plan revision. There is no effective
system for keeping this information
current, because the collection and
analysis of information often stops
when the NEPA analysis and
documentation is finished. Therefore,
the information collected for the
environmental documents for 125 NFS
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units can grow stale as environmental,
social, and economic conditions change.
Further, the focus of the information
collection and analysis process is on
NEPA analysis and documentation,
rather than for use in the ongoing
adaptive management process of the
administrative unit. Therefore, the large
volume of information and analysis that
is created over a long period is often
used as a snapshot for making a single
decision (plan, plan amendment, or
plan revision), instead of being
integrated into a dynamic, ongoing
adaptive management system to
effectively manage units.
This rule will improve this situation
by requiring each forest, grassland,
prairie, or other comparable
administrative unit to carry out an EMS
that includes defined procedures for
identifying environmental aspects,
keeps that information current, and
includes monitoring and measurement
procedures for continually evaluating
conditions in the unit. The EMS
requirement is separate from any
obligations to develop EISs, EAs, or CEs.
Therefore, the obligation to keep this
information current and available to the
public for review is separate from the
obligation to create a NEPA document.
The Agency will use this EMS
information to formulate the plans that
are the subject of this rule, to manage
administrative units on an ongoing
basis, and to develop and to analyze
specific project and activity proposals
that trigger the need for EISs, EAs, or
CEs. By carrying out EMS,
administrative units will collect and
evaluate the data on an ongoing basis to
improve on a timely basis the plan
components and create documents
needed for NEPA. This will enable the
Agency to efficiently create accurate and
relevant NEPA documents. This
proposed rule will ensure that managers
of the administrative unit and the public
have access to a ‘‘library’’ of current
information, analyses, and research that,
through EMS, will be used by managers
of the administrative unit to adapt
management practices to avoid
unwanted environmental effects.
• Summary
This proposed rule emphasizes the
strategic nature of NFMA land
management plans and permits more
flexibility in carrying out projects in
response to ongoing developments in
scientific understanding and changing
on-the-ground conditions, such as
unforeseen natural disasters. It requires
that responsible officials take into
account the best available scientific
information. It requires public
involvement and collaboration
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throughout the cycle of planning—plan
development, plan amendment, plan
revision, project and activity
decisionmaking, and monitoring of
environmental performance. The
proposed rule requires plans to focus on
the social, economic, and ecological
sustainability of the management of the
NFS, and it has specific provisions for
biological diversity at both the
ecosystem and species level. It clarifies
the nature of plans and explains how
the planning process complies fully
with the requirements of NEPA. Plans
developed and maintained using the
EMS and other processes required by
this proposed rule will improve the
performance, accountability, and
transparency of NFS land management
planning.
4. Section-by-Section Explanation of the
Proposed Rule
In this proposed rule, the Agency
listed the proposed sections in order of
those that are more general first,
followed by those that are more specific.
The first section introduces the reader to
what is covered in this proposed rule
and acknowledges the multiple-use and
sustained yield productivity mandate of
the Forest Service (§ 219.1). Section
219.2 describes planning in general and
the levels of planning in the Agency.
Then, this proposed rule contains a
general description of plans (§ 219.3);
NEPA compliance (§ 219.4); EMS
(§ 219.5); the specific plan requirements
(§§ 219.6–219.12); followed by
objections to plans, plan amendments,
or plan revision (§ 219.13); effective
dates and transition (§ 219.14);
severability (§ 219.15); and definitions
(§ 219.16).
Section 219.1—Purpose and
Applicability
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This section introduces the reader to
what is covered in this proposed rule,
acknowledges the multiple-use and
sustained-yield productivity mandate of
the Forest Service, and directs the Chief
of the Forest Service to establish
planning procedures in the Forest
Service directives. The Agency clarifies
the goal to sustain the multiple uses of
its renewable resources in perpetuity
while maintaining the long-term
productivity of the land.
Section 219.2—Levels of planning and
Planning Authority
This section describes planning, the
levels of Agency planning, and the basic
authorities and directions for
developing, amending, or revising a
plan.
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Section 219.3—Nature of Land
Management Planning
This section describes the nature of
planning, and the force and effect of
plans.
Section 219.4—National Environmental
Policy Act Compliance
This section describes how planning
will comply with NEPA.
Section 219.5—Environmental
Management Systems
This section describes the
requirements for EMS and responds to
public comments about how planning
relates to adaptive management. This
proposed rule defines adaptive
management as a natural resource
management approach in which actions
are designed and executed, and effects
are monitored to improve the efficiency
and responsiveness of future
management actions. The ‘‘Overview of
the 2007 Proposed Rule’’ section of the
preamble describes in detail the
provisions of this section for EMS.
Section 219.6—Evaluations and
Monitoring
This section specifies requirements
for plan evaluation and plan
monitoring. This proposed rule allows
the responsible official to change the
monitoring program by making an
administrative correction and notifying
the public, rather than requiring plan
amendments. This administrative
correction will enable the plan to more
quickly reflect the best available science
and account for unanticipated changes
in conditions. The responsible official
will notify the public of changes in a
monitoring program, and the
responsible official can involve the
public in a variety of ways in
developing changes to the program.
Discussions of both evaluation and
monitoring are found in the ‘‘Overview
of the 2007 Proposed Rule’’ section of
the preamble. The Agency is proposing
a requirement for comprehensive
evaluation of the area of analysis
(§ 219.6(a)(1)) at no longer than 5-year
intervals and conducting an evaluation
when amending a plan (§ 219.6(a)(2)).
The Agency has also proposed a
provision that the monitoring program
take into account the best available
science to improve the evaluation
process.
One clarification about the
requirement at § 219.6(b)(2)(ii) may help
understanding. This paragraph requires
that the responsible official design the
monitoring program to determine the
effects of management on the
productivity of the land. The term
‘‘productivity’’ refers to all of the
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multiple uses, such as outdoor
recreation, range, timber, watershed,
and wildlife and fish. Use of this term
is broader than just commercial uses.
Section 219.7—Developing, Amending,
or Revising a Plan
This section includes requirements
for plan components; planning
authorities; plan processes, including
considering lands for recommendation
as potential wilderness areas;
developing plan options; administrative
corrections; plan document or set of
documents; and the plan approval
document.
As explained in the ‘‘Overview of the
2007 Proposed Rule’’ section of the
preamble, plans previously contained
standards. Plans under the proposed
rule will contain guidelines
(§ 219.7(a)(iii)) due to the strategic
nature of plans. The Agency believes
mandatory standards are too restrictive
to be effective for project design because
of variable site conditions. The Forest
Service directives provide additional
direction for writing plan guidelines,
many of which will be measurable. To
make project consistency with
guidelines easy for decisionmakers and
the public to check, Forest Service
directives provide criteria for guidelines
and require guidelines be written clearly
(FSH 1909.12, chapter 10). This
proposed rule also allows forest-wide
and area-specific guidelines. As
discussed earlier in the preamble in the
‘‘Overview of the 2007 Proposed Rule,’’
if the responsible official decides a
variance from the guideline is
necessary, the responsible official must
document how the variance is an
effective means of maintaining or
contributing to the attainment of
relevant desired conditions and
objectives.
Although the proposed rule does not
specifically identify standards as a plan
component, the proposed rule also does
not preclude their inclusion in plans;
responsible officials may include
standards in plans under extraordinary
circumstances. Standards may include
specific decisions (prohibiting
motorized cross-country travel or
prohibiting boat use on a specific river
segment). If a responsible official
proposes this kind of standard in a plan,
the standard must be considered in an
appropriate NEPA analysis.
Plans may reference other sources of
information besides the five plan
components of desired conditions,
objectives, guidelines, suitability of
areas, and special areas. Other sources
of information may include previous
plan decisions that remain in place and
become part of the new plan, or other
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sources of direction and guidance.
There is a wide variety of other sources
of information for project and activity
decisionmaking. This information can
be laws, regulations, policy (FSM and
FSH), memoranda of understanding,
conservation strategies, programmatic
agreements, species accounts, scientific
literature, and other sources. The
responsible official may cross-reference
other sources of information in the plan.
Plans should not repeat existing
direction found in laws, regulations,
and Forest Service directives.
Note that at the project or activity
level, the responsible official can bring
the other sources of information to bear
in response to the specific conditions
found in the project area. The
responsible official adopts project
specific guidelines and other sources of
information for individual projects or
activities through the project or activity
decision. The specific items adopted
become binding commitments for the
life of that project or activity.
When responsible officials revise
plans, some of the plan provisions and
their NEPA analysis may be still
relevant and current. If so, the
responsible official may propose to
retain the previous provisions in the
revised plan. For example, guidelines
for Grizzly Bear Habitat Conservation
for the Greater Yellowstone Area
National Forests adopted in the April
18, 2006, Record of Decision amending
the Greater Yellowstone National Forest
plans would likely remain relevant and
current for subsequent project and
activity decisions on those forests even
after those plans are revised in future
years. The responsible official may carry
over provisions into the revised plan.
Responsible officials would identify the
specific provisions that they propose to
retain in the plan revision. Like other
provisions in plans, subsequent projects
and activities must be consistent with
such provisions.
Special area identification
(§ 219.7(a)(v)) is an integral part of the
planning process. This proposed rule
provides for the identification of special
areas in the plan. After reviewing
comments, and consideration of the
Forest Service’s experience with
planning over the past 25 years, the
Agency concluded that guidance about
special area concerns, such as potential
wilderness evaluations or social and
economic values, are more properly
included in the Forest Service
directives. Provisions in directives can
be more extensive and easier to revise
as the Agency learns how to improve its
processes and as new scientific concepts
become available.
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The intent is to allow plans to
recognize categories of special areas
established by Congress, the
Department, or the Agency. FSM 2370
and FSH 1909.12, chapter 10 display
categories of special areas meeting these
criteria. To ensure a consistent
approach, plans should limit special
areas to those listed in these directives.
If a land area does not qualify as a
special area, but needs specific
guidance, planners may specify that
through other plan components.
If the responsible official needs to
propose actions or prohibitions to reach
the desired conditions for a special area,
that proposal must be covered by
separate appropriate National
Environmental Policy Act (NEPA)
analysis for an individual area or a
group of areas. For example, appropriate
site-specific NEPA analysis and
decisionmaking would be required to
support the establishment of a research
natural area or a closure order that
prohibits or restricts public access in a
special area.
Section 219.7(b) provides for
administrative corrections to plans. This
proposed rule, at § 219.7(b)(5), proposes
a category for administrative corrections
to include non-substantive changes in
the plan document or set of documents.
Administrative corrections may not be
used to make substantive changes in the
plan components. The Agency made
this proposal to supply a specific way
to allow for timely updates of new
science and other sources of information
into the plan document or set of
documents. Changes to the plan
document or set of documents may also
occur when the responsible official
removes outdated documents, for
example, when a new inventory
replaces an older one.
Administrative corrections may not be
used to change long-term sustainedyield capacity (LTSYC) or the timber
sale program quantity (TSPQ). The
LTSYC is the amount of timber that can
be removed annually in perpetuity on a
sustained-yield basis from lands
generally suitable for timber harvest
(FSM 1921.12, FSH 1909.12, chapter
60). Responsible officials base these
estimates on the amount of timber that
could be removed assuming the desired
vegetation conditions for the area have
been fully achieved. This is an NFMA
requirement (16 U.S.C. 1611). This is a
substantive limit and the proposed rule
would not allow a responsible official to
change LTSYC by an administrative
correction.
The TSPQ is the average projected
output of wood fiber for the plan area.
The projected outputs reflect past and
projected budget levels and
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organizational capability to accomplish
timber harvest activities. Calculations of
the TSPQ include all planned outputs of
wood fiber sold from NFS lands. This
includes all sawlogs, veneer bolts, and
other material such as pulpwood and
firewood. The TSPQ should be
identified in the ‘‘objectives’’ plan
component. This is a substantive plan
component and the responsible official
may not change TSPQ by an
administrative correction.
FSH 1909.12, section 65 requires
documentation of the projected
vegetation management practices by
acres and volume in the first decade of
the plan. Projected vegetation
management practices are not
commitments to action and do not have
on-the-ground effects. Vegetation
management practices may include
regeneration cutting, uneven-aged
management, intermediate harvesting,
reforestation, and timber stand
improvement. These projections of acres
and volume are mere estimates of what
the Agency might do in carrying out
projects and activities under the plan.
These projections are not aspirations or
outcomes but the estimates of potential
timber harvest methods within the plan
unit based on past performance.
However, past performance is no
indication of future performance
because circumstances beyond the
Agency’s control may affect
performance. Therefore, these projected
vegetation management practices are not
substantive and the responsible official
may change them by administrative
corrections.
The responsible official must involve
the public in designing the monitoring
program (§ 219.9(a)). The responsible
official must notify the public of
changes in the monitoring program
(§ 219.9(b)(2)(iii)). The proposed rule
allows the plan’s monitoring program to
be changed with administrative
corrections, rather than plan
amendments, to more quickly reflect the
best available science and account for
unanticipated changes in conditions.
The responsible official can involve the
public in a variety of ways to develop
program changes.
Section 219.8—Application of a New
Plan, Plan Amendment, or Plan
Revision
This section describes how the
responsible official applies new plans,
plan amendments, or plan revisions to
new or ongoing projects or activities.
This proposed rule requires project or
activity consistency with the applicable
plan. In addition, paragraph b of this
section describes how projects or
activities developed after approval of
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the plan must be consistent with
applicable plan components. The
wording of this section conforms to 16
U.S.C. 1604(i). The Agency has placed
more guidance on plan consistency in
FSH 1909.12 section 11.4.
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Section 219.9—Public Participation,
Collaboration, and Notification
The ‘‘Overview of the 2007 Proposed
Rule’’ section of the preamble contains
a discussion of public involvement. The
Agency has placed more guidance on
public participation in FSM 1921.6 and
FSH 1909.12, chapter 30.
Section 219.10—Sustainability
This proposed rule proposes
sustainability as the goal for NFS
planning and proposes the concept of
the interrelated and interdependent
social, economic, and ecological
elements of sustainability.
This proposed rule at § 219.10(b)(1)
requires plan components to provide a
framework to sustain the characteristics
of ecosystem diversity in the plan area.
The Agency defines the term
characteristics of ecosystem diversity at
FSM 1905. These characteristics are
parameters that describe an ecosystem
composition (such as major vegetation
types, rare communities, aquatic
systems, and riparian systems);
structure (such as successional stages,
water quality, wetlands, and
floodplains); principal ecological
processes (such as stream flows and
historical and current disturbance
regimes); and soil, water, and air
resources. Providing the characteristics
of ecosystem diversity is the primary
way a plan will contribute to sustaining
native ecological systems. Thus, plans
provide for sustaining systems, the
systems provide for diversity, and
Forest Service meets NFMA
requirements.
To carry out this goal, this proposed
rule proposes a two-level approach to
sustaining ecological systems:
Ecosystem diversity and species
diversity. The Agency defines the
specific procedures for the two-level
approach in FSM 1921.7 and FSH
1909.12, chapter 40. For example, FSM
1921.76c specifies how to sustain
species diversity. FSM 1921.76c says
plan components for species-of-concern
should provide appropriate ecological
conditions to help avoid the need to list
the species under the Endangered
Species Act. Appropriate ecological
conditions may include habitats that are
an appropriate quality, distribution, and
abundance to allow self-sustaining
populations of the species to be well
distributed and interactive, within the
bounds of the life history, distribution,
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and natural population fluctuations of
the species within the capability of the
landscape and consistent with multipleuse objectives. A self-sustaining
population is one that is sufficiently
abundant and has appropriate
population characteristics to provide for
its persistence over many generations.
The ‘‘Overview of the 2007 Proposed
Rule’’ section of the preamble contains
a further discussion of sustainability.
Section 219.11—Role of Science in
Planning
This proposed rule requires the
responsible official to take into account
the best available science. The Agency
proposes the words ‘‘take into account’’
because this term better expresses that
formal science is just one source of
information for the responsible official
and only one aspect of decisionmaking.
This proposed rule states that the
responsible official may use
independent peer reviews, science
advisory boards, or other review
methods to evaluate science used in the
planning process. Forest Service
directives specify specific procedures
for conducting science reviews at FSM
1921.8 and FSH 1909.12, chapter 40.
The ‘‘Overview of the 2007 Proposed
Rule’’ section of the preamble discusses
the role of science in planning.
The Agency is committed to taking
into account the best available science
in developing plans, plan amendments,
and plan revisions as well as
documenting the consideration of
science information. Under this
proposed rule, the responsible official
must: (1) Document how the best
available science was considered in the
planning process within the context of
the issues being considered; (2) evaluate
and disclose any substantial
uncertainties in that science; (3)
evaluate and disclose substantial risks
associated with plan components based
on that science; and (4) document that
the science was appropriately
interpreted and applied. Any interested
scientists can be involved at any of the
public involvement stages.
Section 219.12—Suitable Uses and
Provisions Required by NFMA
This section discusses identification
of suitable land uses, identification of
lands not suitable for timber production,
and NFMA requirements for timber.
This proposed rule requires the Chief of
the Forest Service to develop directives
to discuss the timber provisions for
NFMA. The Forest Service developed
directives under the enjoined 2005 rule
that applied to timber. FSM 1921.12 and
FSH 1909.12, chapter 60 specifies
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guidance for timber provisions of
NFMA.
Guidance for suitable uses, under
paragraph (a) of this section, describes
the identification of suitable land uses.
NFS lands are generally suitable for a
variety of multiple uses, including
timber harvest and timber production,
unless administratively withdrawn or
prohibited by statute, Executive order,
or regulation. On lands generally
suitable for timber, the Forest Service
may harvest timber for a variety of
purposes, such as creating openings for
wildlife or for fuels reduction and
restoration. If timber production is not
an objective for lands generally suitable
for timber, the responsible official must
identify these lands as not suitable for
timber production (§ 219.12(a)(2)). More
guidance for identification of lands not
suitable for timber harvest and guidance
for timber harvest is placed in the Forest
Service directives at FSM 1921.12 and
FSH 1909.12, chapter 60.
In addition, Forest Service directives
discuss other NFMA requirements for
timber. These requirements include
limitations on timber harvest and
provisions for plans to determine forest
management systems, restocking
requirements, harvesting levels in light
of the multiple uses, and the potential
suitability of lands for resource
management, as well as projections of
proposed and possible actions,
including the planned timber sale
program. The Agency placed detailed
NFMA requirements in the directives
(FSM 1921.12, FSH 1909.12, chapter 60)
to balance the specific procedures for
timber and the provisions for other
sections of this proposed rule.
In addition, the Agency supplies
detailed guidance for determining the
culmination of mean annual increment
(CMAI) in the Forest Service directives.
NFMA requires establishment of
guidance so that stands of timber, not
individual trees, generally have reached
CMAI. The Forest Service directives
clarify the technical limits of the CMAI
concept at FSM 1921.12 and FSH
1909.12, chapter 60.
Forest Service directives stipulate
guidance for restocking requirements at
FSH 1921.12 and FSH 1909.12, chapter
60. Forest Service directives meet the
requirement of NFMA to ensure that
timber will be harvested from NFS lands
only where there is assurance that such
lands can be adequately restocked
within five years after harvest. Adequate
restocking may vary depending on the
purpose of a harvest and the objectives
and desired conditions for the area.
Restocking is not required for lands
harvested to create openings for fuel
breaks and vistas, to prevent
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encroaching conifers, and other similar
purposes. This will apply to all timber
harvest, including final regeneration
harvest. Therefore, responsible officials
will include guidance in plans for
adequate restocking depending on the
purpose of a harvest, the desired
conditions, and objectives for the area.
This proposed rule uses the
expression ‘‘generally suitable’’ because
identification of suitability is guidance
and responsible officials must approve
suitability for specific activities through
project and activity decisionmaking. In
response to public comment and to
clarify the criteria for identifying
suitability, this proposed rule has listed
the resources as outdoor recreation,
range, timber, watershed, and wildlife
and fish purposes so that the resources
listed are consistent with the MultipleUse Sustained-Yield Act (MUSYA) of
1960 (16 U.S.C. 528–531). Energy
resource development and mining
activities are not included in
§ 219.12(a)(1) because, even though
allowable uses on many NFS lands, they
are not renewable surface resources
listed in MUSYA.
Forest Service directives discuss the
upper limit of timber and use long-term
sustained-yield capacity as the upper
limit of timber that the Forest Service
may harvest during the planning period
(FSM 1921.12, FSH 1909.12, chapter
60).
Section 219.13—Objections to Plans,
Plan Amendments, or Plan Revisions
This section sets up the objection
process as a way the public can
challenge plans, plan revisions, or plan
amendments before the responsible
official approves them. The Agency
expects the objection process to resolve
many potential conflicts by encouraging
resolution before the responsible official
approves a plan, plan amendment, or
plan revision.
The Committee of Scientists (COS), in
their 1999 report, recommended that the
Forest Service seek to harmonize its
administrative appeal process with
those of other Federal agencies. The
COS said a pre-decisional process
would encourage internal Forest Service
discussion, encourage multi-Agency
collaboration, and encourage public
interest groups to collaborate and work
out differences. Therefore, to be more
consistent with the Bureau of Land
Management (BLM) and to improve
public participation efforts, the Agency
is proposing the pre-decisional
objection process (§ 219.13) to replace
the appeals process under the 1982 rule.
The objection process complements the
public participation process because
objectors and the reviewing officer can
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collaboratively work through concerns
before a responsible official approves a
plan.
The 30-day objection period specified
in this proposed rule is the same as the
BLM protest process. This proposed rule
does not specify a time limit for Agency
responses. This proposed rule has
adopted the BLM requirement that the
reviewing officer promptly render a
decision on the objection. To move
forward it is in the interest of the
Agency to render a decision promptly.
This proposed rule does not include
details about responding to objections
because this information is more
appropriately placed in the Forest
Service directives (FSH 1909.12, chapter
50).
Section 219.13(a)(1) discusses appeals
of plan amendments in site-specific
decisions. The Agency specifies specific
requirements for administrative review
of plan amendments approved
contemporaneously with a project or
activity decision in 36 CFR 215 and 218,
subpart A.
Section 219.14—Effective Dates and
Transition
This section specifies when a plan,
plan amendment, or plan revision will
take effect as well as how responsible
officials may modify ongoing planning
efforts.
This section defines, for pending or
future plan documents, the applicable
rules during the transition period.
During the transition period, pending or
proposed projects remain subject to the
applicable forest plan.
This section allows amendment of
land management plans that have not
yet implemented an EMS using the
provisions of the planning regulations
in effect before November 9, 2000 (See
36 CFR parts 200 to 299, Revised as of
July 1, 2000), if the responsible official
provides public notice during the
transition period which may be up to
three years. Plan revisions or
development of new plans initiated
before the effective date of this rule may
continue under the provisions of the
planning regulations in effect before
November 9, 2000 or conform to this
rule once the unit has established an
EMS. Except for the Tongass National
Forest, plan revisions or development of
new plans initiated after the effective
date of this rule must conform to this
rule, which requires the unit to have
established an EMS.
Paragraph (d)(1) of this section
includes transition wording to allow the
Tongass National Forest to revise its
plan either under the proposed rule or
the planning regulations in effect before
November 9, 2000 (1982 planning rule).
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The Agency previously published this
wording on March 3, 2006 in the
Federal Register (71 FR 10837). This
was in response to the August 5, 2005,
Ninth Circuit Court of Appeals decision
in Natural Resources Defense Council v.
U.S. Forest Service, 421 F.3d 797, that
found defects in the 1997 Final EIS and
Record of Decision for the Tongass Land
Management Plan. The court’s analysis
of the 1997 forest plan was made in the
context of the 1982 planning rule. For
this unique situation, this proposed rule
at 36 CFR 219.14(d)(1) allows the
Tongass National Forest land
management plan to be revised using
either the 1982 planning rule or the
2005 planning rule. The Tongass
National Forest mailed out a Draft
Environmental Impact Statement for the
Tongass Land and Resource
Management Plan Amendment on
January 4, 2007. The Forest Supervisor
is currently reviewing the comments
and will eventually finish the plan
amendment process. Because the
amendment is still in process and the
Agency must change the Tongass Land
Management Plan in response to the
court decision, we are proposing the
exception to remain as a contingency.
This section also proposes direction
on application of management indicator
species (MIS) for units that will
continue to use the 1982 planning rule
for plans, plan amendments, and plan
revisions during transition. There has
been uncertainty about the application
of provisions of the 1982 planning rule,
particularly for obligations for MIS (69
FR 58055, September 29, 2004). For
those units with plans developed,
amended, or revised under the 1982
planning rule, including those amended
or revised during the transition period
for the 2000 planning rule, § 219.14(f)
provides that MIS obligations may be
met by considering data and analysis for
habitat unless the plan specifically
requires population monitoring or
population surveys. Other tools can
often be useful and more appropriate in
predicting the effects of projects
developed under a land management
plan (such as examining the effect of
proposed activities on the habitat of
specific species); using information
identified, obtained, or developed
through a variety of methods (such as
assessments, analysis, and monitoring
results); or using information obtained
from other sources (such as State fish
and wildlife agencies and organizations
like The Nature Conservancy). This
proposed rule also clarifies that the
appropriate scale for any MIS
monitoring is the plan area.
Providing explicitly for MIS
monitoring flexibility will allow
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monitoring of habitat conditions as a
surrogate for population trend data. It is
appropriate for a range of methods to be
available to estimate, or approximate,
population trends for MIS. The
responsible official will determine
which monitoring method or
combination of monitoring methods to
use for a given MIS.
Where responsible officials conduct
actual population monitoring for MIS,
population trend data are most
efficiently collected using a sampling
program rather than an enumeration. In
a sampling program, population data are
collected at a selection of sites
throughout the geographic range of the
population. These sites might be
systematically designated (for example,
using a grid of specific dimension),
established randomly, or selected in
some other way. For species that use
distinct seasonal ranges (for example,
elk that use winter ranges distinct from
their summer ranges), data may be
collected mainly on the winter range.
The sampling area should relate to the
geographic range occupied by the
population, and will usually far exceed
the area of one project. Because of using
sampling procedures in the geographic
area used by a population, individual
project areas might or might not be part
of a sampling program designed to
estimate the population. Based on the
foregoing, for most species it would be
technically and practically
inappropriate to conduct population
trend sampling at the scale of individual
project areas. Consequently, where
responsible officials conduct population
monitoring for MIS, that monitoring
should be carried out at the scale most
appropriate to the species within the
overall national forest, grassland,
prairie, or other administrative
comparable unit. Monitoring
populations at the sites of individual
projects is not part of this requirement.
Therefore, the transition wording at
§ 219.14 clarifies that MIS monitoring is
appropriate at the times and places
appropriate to the specific species, and
is not required in individual project or
activity areas.
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Section 219.15—Severability
The Agency has proposed a section to
discuss the issue of severability, so that,
if parts of this proposed rule are
separately challenged in litigation,
individual provisions of this rule can be
severed from other parts of the rule.
Section 219.16—Definitions
This section sets out and defines the
special terms used in this proposed rule.
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5. Regulatory Certifications
Regulatory Impact
The Agency reviewed this proposed
rule under U.S. Department of
Agriculture (Department) procedures
and Executive Order 12866 issued
September 30, 1993 (E.O. 12866), as
amended by E.O. 13422 on Regulatory
Planning and Review. On all substantial
matters, this proposed rule is identical
to the rule on land management
planning published as a final rule in the
Federal Register at 70 FR 1034 (January
5, 2005) (also referred to as the 2005
planning rule). Therefore, the Agency
has determined that documents, studies,
and other analyses reporting regulatory,
economic, civil rights, energy, and other
potential impacts of the 2005 planning
rule are also applicable to this proposed
rule.
It has been determined that this
proposed rule is not an economically
significant rule. This proposed rule will
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. This proposed rule will
neither interfere with an action taken or
planned by another Agency nor raise
new legal or policy issues. Finally, this
proposed rule will not alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients of
such programs. However, because of the
extensive interest in National Forest
System (NFS) planning and
decisionmaking, this proposed rule has
been designated as significant and,
therefore, is subject to Office of
Management and Budget review under
E.O. 13422.
An analysis was conducted to
compare the costs and benefits of
implementing the proposed rule to the
baseline, the 2000 planning rule. This
analysis is posted on the World Wide
Web/Internet at https://www.fs.fed.us/
emc/nfma/2007_planning_rule.html,
along with other documents associated
with this proposed rule. The 2000
planning rule was used as the baseline
because it is the no action alternative
(Alternative B). Quantitative differences
between this proposed rule, and the
other alternatives were also estimated.
Alternatives included Alternative C (the
1982 planning rule), Alternative D (2005
planning rule modified to not include
the EMS requirement), Alternative E
(2005 planning rule modified to not
include EMS and explicitly include
timber requirements in the rule and
standards as plan components). Primary
sources of data used to estimate the
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costs and benefits of the 2000 planning
rule are from the results of a 2002 report
entitled ‘‘A Business Evaluation of the
2000 and Proposed NFMA Rules’’
produced by the Inventory and
Monitoring Institute of the Forest
Service. The report is also identified as
the ‘‘2002 NFMA Costing Study,’’ or
simply as the ‘‘Costing Study.’’ The
Costing Study used a business modeling
process to identify and compare major
costs for the 2000 planning rule. The
main source of data used to approximate
costs under the 1982 planning rule is
from a 2002 report to Congress on
planning costs, along with empirical
data and inferences from the Costing
Study.
The cost-benefit analysis focuses on
key activities in land management
planning for which costs can be
estimated under the 1982 planning rule,
the 2000 planning rule, the proposed
rule and the other alternative rules. The
key activities for which costs were
analyzed include regional guides,
collaboration, consideration of science,
evaluation of the sustainability of
decisions and diversity requirements
under the National Forest Management
Act (NFMA) of 1976 (16 U.S.C. 1600 et
seq.), monitoring, evaluation, and the
resolution of disputes about the
proposed plan decisions through the
administrative processes of appeals and
objections.
The proposed rule would reduce the
cost of producing a plan or revision by
shortening the length of the planning
process and providing the responsible
official with more flexibility to decide
the scope and scale of the planning
process. The proposed rule would
require a comprehensive evaluation
during plan development and plan
revision that would be updated at least
every 5 years. Some upfront planning
costs, such as analyzing and developing
plan components, and documenting the
land management planning process, are
anticipated to shift to monitoring and
evaluation to better document
cumulative effects of management
activities and natural events when
preparing a comprehensive evaluation
of the plan under the proposed rule.
Based on costs that can be quantified,
carrying out this proposed rule is
expected to have an estimated annual
average cost savings of $30.8 million
when compared to the 2000 planning
rule, and an estimated annual average
savings of $5.4 million when compared
to estimates of the 1982 planning rule.
From this cost-benefit analysis, the
estimated total costs for carrying out the
proposed rule are expected to be lower
than the 2000 planning rule.
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Total Agency costs for carrying out
the proposed rule, the 2000 rule, 1982
rule and other alternative rules were
discounted at 3 percent and 7 percent
discount rates for the 15-year period
from 2008 to 2022; then annualized
costs were calculated for these
alternatives. By using 3 percent
discount rate, the annualized cost for
the proposed rule was estimated at $99
million, while the annualized costs for
the 2000 rule was $129 million and for
the 1982 rule was $104 million. The
Agency expects the proposed rule to
have an annualized cost savings of
about $30 million when compared to
the 2000 planning rule, and an
estimated annualized savings of $5
million when compared to estimates of
the 1982 planning rule.
While using a 7 percent discount rate
for the same timeframe, the results show
that the annualized cost estimate for the
proposed rule is $99.2 million and the
estimated annualized cost for the 2000
rule and the 1982 planning rule are
$127.2 million and $103.2 million
respectively. Based on these annualized
cost estimates at 7 percent discount rate,
use of this proposed rule is expected to
have an annualized cost savings of $28
million when compared to the 2000
planning rule, and an estimated
annualized savings of $4 million when
compared to estimates of the 1982
planning rule. This quantitative
assessment indicates a cost savings for
the Agency using the proposed rule.
This proposed rule has also been
considered in light of the Regulatory
Flexibility Act, as amended (5 U.S.C.
601 et seq.), and it has been determined
that this action will not have a
significant economic impact on a
substantial number of small business
entities as defined by the Regulatory
Flexibility Act. Therefore, a regulatory
flexibility analysis is not required for
this proposed rule. The proposed rule
imposes no requirements on either
small or large entities. Rather, the
proposed rule sets out the process the
Forest Service will follow in land
management planning for the NFS. The
proposed rule should provide
opportunities for small businesses to
become involved in the national forest,
grassland, prairie, or other comparable
administrative unit plan approval.
Moreover, by streamlining the land
management planning process, the
proposed rule should benefit small
businesses through more timely
decisions that affect outputs of products
and services.
Environmental Impacts
This proposed rule establishes the
administrative procedures to guide
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development, amendment, and revision
of NFS land management plans. This
proposed rule, like earlier planning
rules, does not dictate how
administrative units of the NFS are to be
managed. The Agency does not expect
that this proposed rule will directly
affect the mix of uses on any or all units
of the NFS. Section 31.12 of FSH
1909.15 excludes from documentation
in an EA or EIS ‘‘rules, regulations, or
policies to establish Servicewide
administrative procedures, program
processes, or instruction.’’ The Agency
believes that this proposed rule falls
squarely within this category of actions
and that no extraordinary circumstances
exist that would require preparation of
an EA or an EIS. However, due to the
court’s decision in Citizens for Better
Forestry et al. v. U.S. Department of
Agriculture, No. C 05–1144 PJH from the
U.S. District Court in the Northern
District of California, (March 30, 2007)
and the Agency’s desire to reform the
planning process, the Agency has
determined to prepare an environmental
impact statement to analyze possible
environmental effects of the proposed
rule and present several alternatives to
the proposed rule and potential
environmental impacts of those
alternatives. An environmental impact
statement (EIS) is being developed
concurrently with this rulemaking. The
Draft EIS is available on the Internet at
https://www.fs.fed.us/emc/nfma/
2007_planning_rule.html. The draft EIS
explains that there are no environmental
impacts resulting from the promulgation
of this proposed rule.
Energy Effects
This proposed rule has been reviewed
under Executive Order 13211 issued
May 18, 2001 (E.O. 13211), ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ It has been
determined that this proposed rule does
not constitute a significant energy action
as defined in E.O. 13211.This proposed
rule would guide the development,
amendment, and revision of NFS land
management plans. These plans are
strategic documents that provide the
guidance for making future project or
activity-level resource management
decisions. As such, these plans will
address access requirements associated
with energy exploration and
development within the framework of
multiple-use, sustained-yield
management of the surface resources of
the NFS lands. These land management
plans may identify major rights-of-way
corridors for utility transmission lines,
pipelines, and water canals. While these
plans may consider the need for such
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facilities, they do not authorize
construction of them; therefore, the
proposed rule and the plans developed
under it do not have energy effects
within the meaning of E.O. 13211. The
effects of the construction of such lines,
pipelines, and canals are, of necessity,
considered on a case-by-case basis as
specific construction proposals.
Consistent with E.O. 13211, direction to
incorporate consideration of energy
supply, distribution, and use in the
planning process will be included in the
Agency’s administrative directives for
carrying out the proposed rule.
Controlling Paperwork Burdens on the
Public
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
reporting requirements for the objection
process were previously approved by
the Office of Management and Budget
(OMB) and assigned control number
0596–0158, expiring on December 31,
2006, for the 2005 planning rule. The
OMB has extended this approval,
effective January 31, 2007, using the
same control number. This extension
was made after the Forest Service
provided the public an opportunity to
comment on the extension as required
by the Paperwork Reduction Act (71 FR
40687, July 18, 2006). The Forest
Service received one comment about
extension.
The information required by 36 CFR
219.13 is needed for an objector to
explain the nature of the objection being
made to a proposed land management
plan, plan amendment, or plan revision.
This proposed rule retains but
simplifies the objection process
established in the 2000 planning rule.
The proposed rule removes the
requirements previously provided in the
2000 planning rule for interested
parties, publication of objections, and
formal requests for meetings (36 CFR
219.32). These changes have resulted in
a minor reduction in the number of
burden hours approved by OMB for the
2000 planning rule.
Federalism
The Agency has considered this
proposed rule under the requirements of
Executive Order 13132 issued August 4,
1999 (E.O. 13132), ‘‘Federalism.’’ The
Agency has made an assessment that the
proposed rule conforms with the
Federalism principles set out in this
Executive Order; would not impose any
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, nor on the distribution of
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power and responsibilities among the
various levels of government. Therefore,
the Agency concludes that this
proposed rule does not have Federalism
implications. Moreover, § 219.9 of this
proposed rule shows sensitivity to
Federalism concerns by requiring the
responsible official to meet with and
provide opportunities for involvement
of State and local governments in the
planning process.
In the spirit of E.O. 13132, the Agency
consulted with State and local officials,
including their national representatives,
early in the process of developing the
proposed regulation. The Agency has
consulted with the Western Governors’
Association and the National
Association of Counties to obtain their
views on a preliminary draft of the 2002
proposed rule. The Western Governors’
Association supported the general intent
to create a regulation that works, and
placed importance on the quality of
collaboration to be provided when the
Agency implements the regulation.
Agency representatives also contacted
the International City and County
Managers Association, National
Conference of State Legislators, The
Council of State Governments, Natural
Resources Committee of the National
Governors Association, U.S. Conference
of Mayors, and the National League of
Cities to share information about the
2002 proposed rule prior to its
publication. Based on comments
received on the 2002 proposed rule, the
Agency has determined that additional
consultation was not needed with State
and local governments for the
promulgation of the 2005 planning rule,
and thus this proposed rule. State and
local governments are encouraged to
comment on this proposed rule, in the
course of this rulemaking process.
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Consultation With Indian Tribal
Governments
Pursuant to Executive Order 13175 of
November 6, 2000, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ the Agency has assessed
the impact of this proposed rule on
Indian Tribal governments and has
determined that the proposed rule does
not significantly or uniquely affect
communities of Indian tribal
governments. The proposed rule deals
with the administrative procedures to
guide the development, amendment,
and revision of NFS land management
plans and, as such, has no direct effect
about the occupancy and use of NFS
land. At § 219.9(a)(3), the proposed rule
requires consultation with federally
recognized tribes when conducting land
management planning.
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The Agency has also determined that
this proposed rule does not impose
substantial direct compliance costs on
Indian Tribal governments. This
proposed rule does not mandate Tribal
participation in NFS planning. Rather,
the proposed rule imposes an obligation
on Forest Service officials to consult
early with Tribal governments and to
work cooperatively with them where
planning issues affect Tribal interests.
No Takings Implications
This proposed rule has been analyzed
in accordance with the principles and
criteria contained in Executive Order
12630 issued March 15, 1988, and it has
been determined that the proposed rule
does not pose the risk of a taking of
private property.
Civil Justice Reform
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. After adoption of this
proposed rule, (1) all State and local
laws and regulations that conflict with
this rule or that would impede full
implementation of this rule will be
preempted; (2) no retroactive effect
would be given to this proposed rule;
and (3) this proposed rule would not
require the use of administrative
proceedings before parties could file
suit in court challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), the Agency has assessed
the effects of this proposed rule on
State, local, and Tribal governments and
the private sector. This proposed rule
does not compel the expenditure of
$100 million or more by any State, local,
or Tribal governments or anyone in the
private sector. Therefore, a statement
under section 202 of the Act is not
required.
List of Subjects in 36 CFR Part 219
Administrative practice and
procedure, Environmental impact
statements, Indians, Intergovernmental
relations, National forests, Reporting
and recordkeeping requirements,
Science and technology.
Therefore, for the reasons set forth in
the preamble, it is proposed to revise
part 219 of title 36 of the Code of
Federal Regulations to read as follows:
PART 219—PLANNING
Subpart A—National Forest System
Land Management Planning
Sec.
219.1
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Purpose and applicability.
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219.2 Levels of planning and planning
authority.
219.3 Nature of land management planning.
219.4 National Environmental Policy Act
compliance.
219.5 Environmental management systems.
219.6 Evaluations and monitoring.
219.7 Developing, amending, or revising a
plan.
219.8 Application of a new plan, plan
amendment, or plan revision.
219.9 Public participation, collaboration,
and notification.
219.10 Sustainability.
219.11 Role of science in planning.
219.12 Suitable uses and provisions
required by NFMA.
219.13 Objections to plans, plan
amendments, or plan revisions.
219.14 Effective dates and transition.
219.15 Severability.
219.16 Definitions.
Subpart B—[Reserved]
Authority: 5 U.S.C. 301; 16 U.S.C. 1604,
1613.
§ 219.1
Purpose and applicability.
(a) The rules of this subpart set forth
a process for land management
planning, including the process for
developing, amending, and revising
land management plans (also referred to
as plans) for the National Forest System,
as required by the Forest and Rangeland
Renewable Resources Planning Act of
1974, as amended by the National Forest
Management Act of 1976 (16 U.S.C.
1600 et seq.), hereinafter referred to as
NFMA. This subpart also describes the
nature and scope of plans and sets forth
the required components of a plan. This
subpart is applicable to all units of the
National Forest System as defined by 16
U.S.C. 1609 or subsequent statute.
(b) Consistent with the Multiple-Use
Sustained-Yield Act of 1960 (16 U.S.C.
528–531), the overall goal of managing
the National Forest System is to sustain
the multiple uses of its renewable
resources in perpetuity while
maintaining the long-term productivity
of the land. Resources are to be managed
so they are utilized in the combination
that will best meet the needs of the
American people. Maintaining or
restoring the health of the land enables
the National Forest System to provide a
sustainable flow of uses, benefits,
products, services, and visitor
opportunities.
(c) The Chief of the Forest Service
shall establish planning procedures for
this subpart for plan development, plan
amendment, or plan revision in the
Forest Service Directive System.
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§ 219.2 Levels of planning and planning
authority.
Planning occurs at multiple
organizational levels and geographic
areas.
(a) National. The Chief of the Forest
Service is responsible for national
planning, such as preparation of the
Forest Service Strategic Plan required
under the Government Performance and
Results Act of 1993 (5 U.S.C. 306; 31
U.S.C. 1115–1119; 31 U.S.C. 9703–
9704), which is integrated with the
requirements of the Forest and
Rangeland Renewable Resources
Planning Act of 1974, as amended by
the NFMA. The Strategic Plan
establishes goals, objectives,
performance measures, and strategies
for management of the National Forest
System, as well as the other Forest
Service mission areas.
(b) Forest, grassland, prairie, or other
comparable administrative unit.
(1) Land management plans provide
broad guidance and information for
project and activity decisionmaking in a
national forest, grassland, prairie, or
other comparable administrative unit.
The Supervisor of the National Forest,
Grassland, Prairie, or other comparable
administrative unit is the responsible
official for development and approval of
a plan, plan amendment, or plan
revision for lands under the
responsibility of the Supervisor, unless
a Regional Forester, the Chief, or the
Secretary chooses to act as the
responsible official.
(2) When plans, plan amendments, or
plan revisions are prepared for more
than one administrative unit, a unit
Supervisor identified by the Regional
Forester, or the Regional Forester, the
Chief, or the Secretary may be the
responsible official. Two or more
responsible officials may undertake
joint planning over lands under their
respective jurisdictions.
(3) The appropriate Station Director
must concur with that part of a plan
applicable to any experimental forest
within the plan area.
(c) Projects and activities. The
Supervisor or District Ranger is the
responsible official for project and
activity decisions, unless a higher-level
official chooses to act as the responsible
official. Requirements for project or
activity planning are established in the
Forest Service Directive System. Except
as specifically provided, none of the
requirements of this subpart applies to
projects or activities.
(d) Developing, amending, and
revising plans—(1) Plan development. If
a new national forest, grassland, prairie,
or other administrative unit of the
National Forest System is established,
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the Regional Forester, or a forest,
grassland, prairie, or other comparable
unit Supervisor identified by the
Regional Forester must either develop a
plan for the unit or amend or revise an
existing plan to apply to the lands
within the new unit.
(2) Plan amendment. The responsible
official may amend a plan at any time.
(3) Plan revision. The responsible
official must revise the plan if the
responsible official concludes that
conditions within the plan area have
significantly changed. Unless otherwise
provided by law, a plan must be revised
at least every 15 years.
§ 219.3 Nature of land management
planning.
(a) Principles of land management
planning. Land management planning is
an adaptive management process that
includes social, economic, and
ecological evaluation; plan
development, plan amendment, and
plan revision; and monitoring. The
overall aim of planning is to produce
responsible land management for the
National Forest System based on useful
and current information and guidance.
Land management planning guides the
Forest Service in fulfilling its
responsibilities for stewardship of the
National Forest System to best meet the
needs of the American people.
(b) Force and effect of plans. Plans
developed in accordance with this
subpart generally contain desired
conditions, objectives, and guidance for
project and activity decisionmaking in
the plan area. Plans do not grant,
withhold, or modify any contract,
permit, or other legal instrument,
subject anyone to civil or criminal
liability, or create any legal rights. Plans
typically do not approve or execute
projects and activities. Decisions with
effects that can be meaningfully
evaluated (40 CFR 1508.23) typically are
made when projects and activities are
approved.
§ 219.4 National Environmental Policy Act
compliance.
(a) In accordance with 16 U.S.C.
1604(g)(1) this subpart clarifies how the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4346) (hereinafter
referred to as NEPA) applies to National
Forest System land management
planning.
(b) Approval of a plan, plan
amendment, or plan revision, under the
authority of this subpart, will be done
in accordance with the Forest Service
NEPA procedures and may be
categorically excluded from NEPA
documentation under an appropriate
category provided in such procedures.
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(c) Nothing in this subpart alters the
application of NEPA to proposed
projects and activities.
(d) Monitoring and evaluations,
including those required by § 219.6,
may be used or incorporated by
reference, as appropriate, in applicable
NEPA documents.
§ 219.5 Environmental management
systems.
The responsible official must
establish an environmental management
system (EMS) for each unit of the
National Forest System. The scope of an
EMS will include, at the minimum, the
land management planning process
defined by this subpart. An EMS for any
unit may include environmental aspects
unrelated to the land management
planning process under this subpart.
(a) Plan development, plan
amendment, or plan revision must be
completed in accordance with the EMS
and § 219.14. An EMS may be
established independently of the
planning process.
(b) The EMS must conform to the
consensus standard developed by the
International Organization for
Standardization (ISO) and adopted by
the American National Standards
Institute (ANSI) as ‘‘ISO 14001:
Environmental Management Systems—
Specification With Guidance For Use’’
(ISO 14001). The ISO 14001 describes
EMSs and outlines the elements of an
EMS. The ISO 14001 is available from
the ANSI Web site at https://
webstore.ansi.org/ansidocstore/
default.asp.
(c) Pursuant to § 219.1(c), the Chief of
the Forest Service shall establish
procedures in the Forest Service
Directive System to ensure that
appropriate EMSs are in place. The
responsible official may determine
whether and how to change and
improve an EMS for the plan area,
consistent with applicable Forest
Service Directive System procedures.
§ 219.6
Evaluations and monitoring.
(a) Evaluations. The responsible
official shall keep the plan set of
documents up to date with evaluation
reports, which will reflect changing
conditions, science, and other relevant
information. The following three types
of evaluations are required for land
management planning: Comprehensive
evaluations for plan development and
revision, evaluations for plan
amendment, and annual evaluations of
monitoring information. The
responsible official shall document
evaluations in evaluation reports, make
these reports available to the public as
required in § 219.9, and include these
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reports in the plan set of documents
(§ 219.7(a)(1)). Evaluations under this
section should be commensurate to the
level of risk or benefit associated with
the nature and level of expected
management activities in the plan area.
(1) Comprehensive evaluations. These
evaluate current social, economic, and
ecological conditions and trends that
contribute to sustainability, as described
in § 219.10. Comprehensive evaluations
and comprehensive evaluation reports
must be updated at least every five years
to reflect any substantial changes in
conditions and trends since the last
comprehensive evaluation. The
responsible official must ensure that
comprehensive evaluations, including
any updates necessary, include the
following elements:
(i) Area of analysis. The area(s) of
analysis must be clearly identified.
(ii) Conditions and trends. The
current social, economic, and ecological
conditions and trends and substantial
changes from previously identified
conditions and trends must be described
based on available information,
including monitoring information,
surveys, assessments, analyses, and
other studies as appropriate.
Evaluations may build upon existing
studies and evaluations.
(2) Evaluation for a plan amendment.
An evaluation for a plan amendment
must analyze the issues relevant to the
purposes of the amendment and may
use the information in comprehensive
evaluations relevant to the plan
amendment. When a plan amendment is
made contemporaneously with, and
only applies to, a project or activity
decision, the analysis prepared for the
project or activity satisfies the
requirements for an evaluation for an
amendment.
(3) Annual evaluation of the
monitoring information. Monitoring
results must be evaluated annually and
in accordance with paragraph (b)(2) of
this section.
(b) Monitoring. The plan must
describe the monitoring program for the
plan area. Monitoring information in the
plan document or set of documents may
be changed and updated as appropriate,
at any time. Such changes and updates
are administrative corrections
(§ 219.7(b)) and do not require a plan
amendment or revision.
(1) The plan-monitoring program shall
be developed with public participation
and take into account:
(i) Financial and technical
capabilities;
(ii) Key social, economic, and
ecological performance measures
relevant to the plan area: and
(iii) The best available science.
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(2) The plan-monitoring program shall
provide for:
(i) Monitoring to determine whether
plan implementation is achieving
multiple use objectives;
(ii) Monitoring to determine the
effects of the various resource
management activities within the plan
area on the productivity of the land;
(iii) Monitoring of the degree to which
on-the-ground management is
maintaining or making progress toward
the desired conditions and objectives for
the plan; and
(iv) Adjustment of the monitoring
program as appropriate to account for
unanticipated changes in conditions.
(3) The responsible official may
conduct monitoring jointly with others,
including but not limited to, Forest
Service units, Federal, State or local
government agencies, federally
recognized Indian Tribes, and members
of the public.
§ 219.7
a plan.
Developing, amending, or revising
(a) General planning requirements—
(1) Plan documents or set of documents.
The responsible official must maintain a
plan document or set of documents for
the plan. A plan document or set of
documents includes, but is not limited
to, evaluation reports; documentation of
public involvement; the plan, including
applicable maps; applicable plan
approval documents; applicable NEPA
documents, if any; the monitoring
program for the plan area; and
documents relating to the EMS
established for the unit.
(2) Plan components. Plan
components may apply to all or part of
the plan area. A plan should include the
following components:
(i) Desired conditions. Desired
conditions are the social, economic, and
ecological attributes toward which
management of the land and resources
of the plan area is to be directed.
Desired conditions are aspirations and
are not commitments or final decisions
approving projects and activities, and
may be achievable only over a long time
period.
(ii) Objectives. Objectives are concise
projections of measurable, time-specific
intended outcomes. The objectives for a
plan are the means of measuring
progress toward achieving or
maintaining desired conditions. Like
desired conditions, objectives are
aspirations and are not commitments or
final decisions approving projects and
activities.
(iii) Guidelines. Guidelines provide
information and guidance for project
and activity decisionmaking to help
achieve desired conditions and
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objectives. Guidelines are not
commitments or final decisions
approving projects and activities.
(iv) Suitability of areas. Areas of each
National Forest System unit are
identified as generally suitable for
various uses (§ 219.12). An area may be
identified as generally suitable for uses
that are compatible with desired
conditions and objectives for that area.
The identification of an area as
generally suitable for a use is guidance
for project and activity decisionmaking
and is not a commitment or a final
decision approving projects and
activities. Uses of specific areas are
approved through project and activity
decisionmaking.
(v) Special areas. Special areas are
areas within the National Forest System
designated because of their unique or
special characteristics. Special areas
such as botanical areas or significant
caves may be designated, by the
responsible official in approving a plan,
plan amendment, or plan revision. Such
designations are not final decisions
approving projects and activities. The
plan may also recognize special areas
designated by statute or through a
separate administrative process in
accordance with NEPA requirements
(§ 219.4) and other applicable laws.
(3) Changing plan components. Plan
components may be changed through
plan amendment or revision, or through
an administrative correction in
accordance with § 219.7(b).
(4) Planning authorities. The
responsible official has the discretion to
determine whether and how to change
the plan, subject to the requirement that
the plan be revised at least every 15
years. A decision by a responsible
official about whether or not to initiate
the plan amendment or plan revision
process and what issues to consider for
plan development, plan amendment, or
plan revision is not subject to objection
under this subpart (§ 219.13).
(5) Plan process.
(i) Required evaluation reports, plan,
plan amendments, and plan revisions
must be prepared by an
interdisciplinary team; and
(ii) Unless otherwise provided by law,
all National Forest System lands
possessing wilderness characteristics
must be considered for recommendation
as potential wilderness areas during
plan development or revision.
(6) Developing plan options. In the
collaborative and participatory process
of land management planning, the
responsible official may use an iterative
approach in development of a plan, plan
amendment, and plan revision in which
plan options are developed and
narrowed successively. The key steps in
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this process shall be documented in the
plan set of documents.
(b) Administrative corrections.
Administrative corrections may be made
at any time, and are not plan
amendments or revisions.
Administrative corrections include the
following:
(1) Corrections and updates of data
and maps;
(2) Corrections of typographical errors
or other non-substantive changes;
(3) Changes in the monitoring
program and monitoring information
(§ 219.6(b));
(4) Changes in timber management
projections; and
(5) Other changes in the plan
document or set of documents, except
for substantive changes in the plan
components.
(c) Approval document. The
responsible official must record
approval of a new plan, plan
amendment, or plan revision in a plan
approval document, which must
include:
(1) The rationale for the approval of
the plan, plan amendment, or plan
revision;
(2) Concurrence by the appropriate
Station Director with any part of the
plan applicable to any experimental
forest within the plan area, in
accordance with § 219.2(b)(3);
(3) A statement of how the plan, plan
amendment, or plan revision applies to
approved projects and activities, in
accordance with § 219.8;
(4) Science documentation, in
accordance with § 219.11; and
(5) The effective date of the approval
(§ 219.14(a)).
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§ 219.8 Application of a new plan, plan
amendment, or plan revision.
(a) Application of a new plan, plan
amendment, or plan revision to existing
authorizations and approved projects or
activities.
(1) The responsible official must
include in any document approving a
plan amendment or revision a
description of the effects of the plan,
plan amendments, or plan revision on
existing occupancy and use, authorized
by permits, contracts, or other
instruments implementing approved
projects and activities. If not expressly
excepted, approved projects and
activities must be consistent with
applicable plan components, as
provided in paragraph (e) of this
section. Approved projects and
activities are those for which a
responsible official has signed a
decision document.
(2) Any modifications of such
permits, contracts, or other instruments
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necessary to make them consistent with
applicable plan components as
developed, amended, or revised are
subject to valid existing rights. Such
modifications should be made as soon
as practicable following approval of a
new plan, plan amendment, or plan
revision.
(b) Application of a new plan, plan
amendment, or plan revision to
authorizations and projects or activities
subsequent to plan approval. Decisions
approving projects and activities
subsequent to approval of a plan, plan
amendment, or plan revision must be
consistent with the plan as provided in
paragraph (e) of this section.
(c) Application of a plan. Plan
provisions remain in effect until the
effective date of a new plan, plan
amendment, or plan revision.
(d) Effect of new information on
projects or activities. Although new
information will be considered in
accordance with Agency NEPA
procedures, nothing in this subpart
requires automatic deferral, suspension,
or modification of approved decisions
in light of new information.
(e) Ensuring project or activity
consistency with plans. Projects and
activities must be consistent with the
applicable plan. If an existing
(paragraph (a) of this section) or
proposed (paragraph (b) of this section)
use, project, or activity is not consistent
with the applicable plan, the
responsible official may take one of the
following steps, subject to valid existing
rights:
(1) Modify the project or activity to
make it consistent with the applicable
plan components;
(2) Reject the proposal or terminate
the project or activity, subject to valid
existing rights; or
(3) Amend the plan
contemporaneously with the approval of
the project or activity so that it will be
consistent with the plan as amended.
The amendment may be limited to
apply only to the project or activity.
§ 219.9 Public participation, collaboration,
and notification.
The responsible official must use a
collaborative and participatory
approach to land management planning,
in accordance with this subpart and
consistent with applicable laws,
regulations, and policies, by engaging
the skills and interests of appropriate
combinations of Forest Service staff,
consultants, contractors, other Federal
agencies, federally recognized Indian
Tribes, State or local governments, or
other interested or affected
communities, groups, or persons.
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(a) Providing opportunities for
participation. The responsible official
must provide opportunities for the
public to collaborate and participate
openly and meaningfully in the
planning process, taking into account
the discrete and diverse roles,
jurisdictions, and responsibilities of
interested and affected parties.
Specifically, as part of plan
development, plan amendment, and
plan revision, the responsible official
shall involve the public in developing
and updating the comprehensive
evaluation report, establishing the
components of the plan, and designing
the monitoring program. The
responsible official has the discretion to
determine the methods and timing of
public involvement opportunities.
(1) Engaging interested individuals
and organizations. The responsible
official must provide for and encourage
collaboration and participation by
interested individuals and
organizations, including private
landowners whose lands are within,
adjacent to, or otherwise affected by
future management actions within the
plan area.
(2) Engaging State and local
governments and Federal agencies. The
responsible official must provide
opportunities for the coordination of
Forest Service planning efforts
undertaken in accordance with this
subpart with those of other resource
management agencies. The responsible
official also must meet with and provide
early opportunities for other
government agencies to be involved,
collaborate, and participate in planning
for National Forest System lands. The
responsible official should seek
assistance, where appropriate, from
other State and local governments,
Federal agencies, and scientific and
academic institutions to help address
management issues or opportunities.
(3) Engaging Tribal governments. The
Forest Service recognizes the Federal
Government’s trust responsibility for
federally recognized Indian Tribes. The
responsible official must consult with,
invite, and provide opportunities for
federally recognized Indian Tribes to
collaborate and participate in planning.
In working with federally recognized
Indian Tribes, the responsible official
must honor the government-togovernment relationship between Tribes
and the Federal Government.
(b) Public notification. The following
public notification requirements apply
to plan development, amendment, or
revision, except when a plan
amendment is approved
contemporaneously with approval of a
project or activity and the amendment
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applies only to the project or activity, in
which case 36 CFR part 215 or part 218,
subpart A, applies:
(1) When formal public notification is
provided. Public notification must be
provided at the following times:
(i) Initiation of development of a plan,
plan amendment, or plan revision;
(ii) Commencement of the 90-day
comment period on a proposed plan,
plan amendment, or plan revision;
(iii) Commencement of the 30-day
objection period prior to approval of a
plan, plan amendment, or plan revision;
(iv) Approval of a plan, plan
amendment, or plan revision; and
(v) Adjustment to conform to this
subpart of a planning process for a plan,
plan amendment, or plan revision
initiated under the provisions of a
previous planning regulation.
(2) How public notice is provided.
Public notice must be provided in the
following manner:
(i) All required public notices
applicable to a new plan, plan revision,
or adjustment of any ongoing plan
revision as provided at § 219.14(e) must
be published in the Federal Register
and newspaper(s) of record.
(ii) Required notifications that are
associated with a plan amendment or
adjustment of any ongoing plan
amendment as provided at § 219.14(e)
and that apply to one plan must be
published in the newspaper(s) of record.
Required notifications that are
associated with plan amendments and
adjustment of any ongoing plan
amendments (as provided at § 219.14(e))
and that apply to more than one plan
must be published in the Federal
Register.
(iii) Public notification of evaluation
reports and monitoring program changes
may be made in a manner deemed
appropriate by the responsible official.
(3) Content of the public notice.
Public notices must contain the
following information:
(i) Content of the public notice for
initiating a plan development, plan
amendment, or plan revision. The
notice must inform the public of the
documents available for review and how
to obtain them; provide a summary of
the need to develop a plan or change a
plan; invite the public to comment on
the need for change in a plan and to
identify any other need for change in a
plan that they feel should be addressed
during the planning process; and
provide an estimated schedule for the
planning process, including the time
available for comments, and inform the
public how to submit comments.
(ii) Content of the public notice for a
proposed plan, plan amendment, or
plan revision. The notice must inform
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the public of the availability of the
proposed plan, plan amendment, or
plan revision, including any relevant
evaluation report; the commencement of
the 90-day comment period; and the
process for submitting comments.
(iii) Content of the public notice for a
plan, plan amendment, or plan revision
prior to approval. The notice must
inform the public of the availability of
the plan, plan amendment, or plan
revision; any relevant evaluation report;
and the commencement of the 30-day
objection period; and the process for
objecting.
(iv) Content of the public notice for
approval of a plan, plan amendment, or
plan revision. The notice must inform
the public of the availability of the
approved plan, plan amendment, or
plan revision, the approval document,
and the effective date of the approval
(§ 219.14(a)).
(v) Content of the public notice for an
adjustment to an ongoing planning
process. The notice must state how a
planning process initiated before the
transition period (§ 219.14(b) and (e))
will be adjusted to conform to this
subpart.
provide for diversity of plant and
animal communities based on the
suitability and capability of the specific
land area in order to meet overall
multiple-use objectives (16 U.S.C.
1604(g)(3)(B)). Procedures developed
pursuant to § 219.1(c) for sustaining
ecological systems must be consistent
with the following:
(1) Ecosystem diversity. Ecosystem
diversity is the primary means by which
a plan contributes to sustaining
ecological systems. Plan components
must establish a framework to provide
the characteristics of ecosystem
diversity in the plan area.
(2) Species diversity. If the
responsible official determines that
provisions in plan components, in
addition to those required by paragraph
(b)(1) of this section, are needed to
provide appropriate ecological
conditions for specific threatened and
endangered species, species-of-concern,
and species-of-interest, then the plan
must include additional provisions for
these species, consistent with the limits
of Agency authorities, the capability of
the plan area, and overall multiple use
objectives.
§ 219.10
§ 219.11
Sustainability.
Sustainability, for any unit of the
National Forest System, has three
interrelated and interdependent
elements: Social, economic, and
ecological. A plan can contribute to
sustainability by creating a framework
to guide on-the-ground management of
projects and activities; however, a plan
by itself cannot ensure sustainability.
Agency authorities, the nature of a plan,
and the capabilities of the plan area are
some of the factors that limit the extent
to which a plan can contribute to
achieving sustainability.
(a) Sustaining social and economic
systems. The overall goal of the social
and economic elements of sustainability
is to contribute to sustaining social and
economic systems within the plan area.
To understand the social and economic
contributions that National Forest
System lands presently make, and may
make in the future, the responsible
official, in accordance with § 219.6,
must evaluate relevant economic and
social conditions and trends as
appropriate during plan development,
plan amendment, or plan revision.
(b) Sustaining ecological systems. The
overall goal of the ecological element of
sustainability is to provide a framework
to contribute to sustaining native
ecological systems by providing
ecological conditions to support
diversity of native plant and animal
species in the plan area. This will
satisfy the statutory requirement to
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Role of science in planning.
(a) The responsible official must take
into account the best available science.
For purposes of this subpart, taking into
account the best available science
means the responsible official must:
(1) Document how the best available
science was taken into account in the
planning process within the context of
the issues being considered;
(2) Evaluate and disclose substantial
uncertainties in that science;
(3) Evaluate and disclose substantial
risks associated with plan components
based on that science; and
(4) Document that the science was
appropriately interpreted and applied.
(b) To meet the requirements of
paragraph (a) of this section, the
responsible official may use
independent peer review, a science
advisory board, or other review methods
to evaluate the consideration of science
in the planning process.
§ 219.12 Suitable uses and provisions
required by NFMA.
(a) Suitable uses.
(1) Identification of suitable land
uses. National Forest System lands are
generally suitable for a variety of
multiple uses, such as outdoor
recreation, range, timber, watershed,
and wildlife and fish purposes. The
responsible official, as appropriate, shall
identify areas within a National Forest
System unit as generally suitable for
uses that are compatible with desired
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conditions and objectives for that area.
Such identification is guidance for
project and activity decisionmaking, is
not a permanent land designation, and
is subject to change through plan
amendment or plan revision. Uses of
specific areas are approved through
project and activity decisionmaking.
(2) Identification of lands not suitable
for timber production.
(i) The responsible official must
identify lands within the plan area as
not suitable for timber production
(§ 219.16) if:
(A) Statute, Executive order, or
regulation prohibits timber production
on the land; or
(B) The Secretary of Agriculture or the
Chief of the Forest Service has
withdrawn the land from timber
production; or
(C) The land is not forest land (as
defined at § 219.16); or
(D) Timber production would not be
compatible with the achievement of
desired conditions and objectives
established by the plan for those lands.
(ii) This identification is not a final
decision compelling, approving, or
prohibiting projects and activities. A
final determination of suitability for
timber production is made through
project and activity decisionmaking.
Salvage sales or other harvest necessary
for multiple-use objectives other than
timber production may take place on
areas that are not suitable for timber
production.
(b) NFMA requirements. (1) The Chief
of the Forest Service must include in the
Forest Service Directive System
procedures for estimating the quantity
of timber that can be removed annually
in perpetuity on a sustained-yield basis
in accordance with 16 U.S.C. 1611.
(2) The Chief of the Forest Service
must include in the Forest Service
Directive System procedures to ensure
that plans include the resource
management guidelines required by 16
U.S.C. 1604 (g)(3).
(3) Forest Service Directive System
procedures adopted to fulfill the
requirements of this paragraph shall
provide public involvement as
described in 36 CFR part 216.
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§ 219.13 Objections to plans, plan
amendments, or plan revisions.
(a) Opportunities to object. Before
approving a plan, plan amendment, or
plan revision, the responsible official
must provide the public 30 calendar
days for pre-decisional review and the
opportunity to object. Federal agencies
may not object under this subpart.
During the 30-day review period, any
person or organization, other than a
Federal agency, who participated in the
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planning process through the
submission of written comments, may
object to a plan, plan amendment, or
plan revision according to the
procedures in this section, except in the
following circumstances:
(1) When a plan amendment is
approved contemporaneously with a
project or activity decision and the plan
amendment applies only to the project
or activity, in which case the
administrative review process of 36 CFR
part 215 or part 218, subpart A, applies
instead of the objection process
established in this section; or
(2) When the responsible official is an
official in the Department of Agriculture
at a level higher than the Chief of the
Forest Service, in which case there is no
opportunity for administrative review.
(b) Submitting objections. The
objection must be in writing and must
be filed with the reviewing officer
within 30 days following the
publication date of the legal notice in
the newspaper of record of the
availability of the plan, plan
amendment, or plan revision. Specific
details will be included in the Forest
Service Directive System. An objection
must contain:
(1) The name, mailing address, and
telephone number of the person or
entity filing the objection. Where a
single objection is filed by more than
one person, the objection must indicate
the lead objector to contact. The
reviewing officer may appoint the first
name listed as the lead objector to act
on behalf of all parties to the single
objection when the single objection does
not specify a lead objector. The
reviewing officer may communicate
directly with the lead objector and is not
required to notify the other listed
objectors of the objection response or
any other written correspondence
related to the single objection;
(2) A statement of the issues, the parts
of the plan, plan amendment, or plan
revision to which the objection applies,
and how the objecting party would be
adversely affected; and
(3) A concise statement explaining
how the objector believes that the plan,
plan amendment, or plan revision is
inconsistent with law, regulation, or
policy or how the objector disagrees
with the decision and providing any
recommendations for change.
(c) Responding to objections. (1) The
reviewing officer (§ 219.16) has the
authority to make all procedural
determinations related to the objection
not specifically explained in this
subpart, including those procedures
necessary to ensure compatibility, to the
extent practicable, with the
administrative review processes of other
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48539
Federal agencies. The reviewing officer
must promptly render a written
response to the objection. The response
must be sent to the objecting party by
certified mail, return receipt requested.
(2) The response of the reviewing
officer shall be the final decision of the
Department of Agriculture on the
objection.
(d) Use of other administrative review
processes. Where the Forest Service is a
participant in a multi-Federal agency
effort that would otherwise be subject to
objection under this subpart, the
reviewing officer may waive the
objection procedures of this subpart and
instead adopt the administrative review
procedure of another participating
Federal agency. As a condition of such
a waiver, the responsible official for the
Forest Service must have agreement
with the responsible official of the other
agency or agencies that a joint agency
response will be provided to those who
file for administrative review of the
multi-agency effort.
(e) Compliance with the Paperwork
Reduction Act. The information
collection requirements associated with
submitting an objection have been
approved by the Office of Management
and Budget and assigned control
number 0596–0158.
§ 219.14
Effective dates and transition.
(a) Effective dates. A plan, plan
amendment, or plan revision is effective
30 days after publication of notice of its
approval (§ 219.9(b)), except when a
plan amendment is approved
contemporaneously with a project or
activity and applies only to the project
or activity, in which case 36 CFR part
215 or part 218, subpart A, apply.
(b) Transition period. For each unit of
the National Forest System, the
transition period begins on the effective
date of this subpart and ends on the
unit’s establishment of an EMS in
accordance with § 219.5 or three years
after the effective date of this subpart,
whichever comes first.
(c) Initiation of plans, plan
amendments, or plan revisions. For the
purposes of this section, initiation
means that the Agency has provided
notice under § 219.9(b) or issued a
Notice of Intent or other public notice
announcing the commencement of the
process to develop a plan, plan
amendment, or plan revision.
(d) Plan development, plan
amendments, or plan revisions initiated
during the transition period.
(1) Plan development and plan
revisions initiated after the effective
date of this subpart must conform to the
requirements of this subpart, except that
the plan for the Tongass National Forest
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may be revised once under this subpart
or the planning regulations in effect
before November 9, 2000.
(2) Plan amendments initiated during
the transition period may continue
using the provisions of the planning
regulations in effect before November 9,
2000 (See 36 CFR parts 200 to 299,
Revised as of July 1, 2000) or may
conform to the requirements of this
subpart if the responsible official
establishes an EMS in accordance with
§ 219.5.
(3) Plan amendments initiated after
the transition period must conform to
the requirements of this subpart.
(e) Plan development, plan
amendments, or plan revisions
previously initiated. Plan development,
plan amendments, or plan revisions
initiated before the transition period
may continue to use the provisions of
the planning regulations in effect before
November 9, 2000 (See 36 CFR parts 200
to 299, Revised as of July 1, 2000), or
may conform to the requirements of this
subpart, in accordance with the
following:
(1) The responsible official is not
required to halt the process and start
over. Rather, upon the unit’s
establishment of an EMS in accordance
with § 219.5, the responsible official
may apply this subpart as appropriate to
complete the plan development, plan
amendment, or plan revision process.
(2) The responsible official may elect
to use either the administrative appeal
and review procedures at 36 CFR part
217 in effect prior to November 9, 2000,
(See 36 CFR parts 200 to 299, Revised
as of July 1, 2000), or the objection
procedures of this subpart, except when
a plan amendment is approved
contemporaneously with a project or
activity and applies only to the project
or activity, in which case 36 CFR part
215 or part 218, subpart A, apply.
(f) Management indicator species. For
units with plans developed, amended,
or revised using the provisions of the
planning rule in effect prior to
November 9, 2000, the responsible
official may comply with any
obligations relating to management
indicator species by considering data
and analysis relating to habitat unless
the plan specifically requires population
monitoring or population surveys for
the species. Site-specific monitoring or
surveying of a proposed project or
activity area is not required, but may be
conducted at the discretion of the
responsible official.
§ 219.15
Severability.
In the event that any specific
provision of this rule is deemed by a
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16:11 Aug 22, 2007
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court to be invalid, the remaining
provisions shall remain in effect.
§ 219.16
Definitions.
Definitions of the special terms used
in this subpart are set out in
alphabetical order.
Adaptive management: An approach
to natural resource management where
actions are designed and executed and
effects are monitored for the purpose of
learning and adjusting future
management actions, which improves
the efficiency and responsiveness of
management.
Area of analysis: The geographic area
within which ecosystems, their
components, or their processes are
evaluated during analysis and
development of one or more plans, plan
revisions, or plan amendments. This
area may vary in size depending on the
relevant planning issue. For a plan, an
area of analysis may be larger than a
plan area. For development of a plan
amendment, an area of analysis may be
smaller than the plan area. An area of
analysis may include multiple
ownerships.
Diversity of plant and animal
communities: The distribution and
relative abundance or extent of plant
and animal communities and their
component species, including tree
species, occurring within an area.
Ecological conditions: Components of
the biological and physical environment
that can affect diversity of plant and
animal communities and the productive
capacity of ecological systems. These
components could include the
abundance and distribution of aquatic
and terrestrial habitats, roads and other
structural developments, human uses,
and invasive, exotic species.
Ecosystem diversity: The variety and
relative extent of ecosystem types,
including their composition, structure,
and processes within all or a part of an
area of analysis.
Environmental management system:
The part of the overall management
system that includes organizational
structure, planning activities,
responsibilities, practices, procedures,
processes, and resources for developing,
implementing, achieving, reviewing,
and maintaining the environmental
policy of the planning unit.
Federally recognized Indian Tribe: An
Indian or Alaska Native Tribe, band,
nation, pueblo, village, or community
that the Secretary of the Interior
acknowledges to exist as an Indian Tribe
pursuant to the Federally Recognized
Indian Tribe List Act of 1994, 25 U.S.C.
479a.
Forest land: Land at least 10 percent
occupied by forest trees of any size or
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formerly having had such tree cover and
not currently developed for nonforest
uses. Lands developed for nonforest use
include areas for crops; improved
pasture; residential or administrative
areas; improved roads of any width and
adjoining road clearing; and power line
clearings of any width.
ISO 14001: A consensus standard
developed by the International
Organization for Standardization and
adopted by the American National
Standards Institute that describes
environmental management systems
and outlines the elements of an
environmental management system.
Newspaper(s) of record: The principal
newspapers of general circulation
annually identified and published in the
Federal Register by each Regional
Forester to be used for publishing
notices as required by 36 CFR 215.5.
The newspaper(s) of record for projects
in a plan area is (are) the newspaper(s)
of record for notices related to planning.
Plan: A document or set of documents
that integrates and displays information
relevant to management of a unit of the
National Forest System.
Plan area: The National Forest System
lands covered by a plan.
Productivity: The capacity of National
Forest System lands and their ecological
systems to provide the various
renewable resources in certain amounts
in perpetuity. For the purposes of this
subpart it is an ecological, not an
economic, term.
Public participation: Activities that
include a wide range of public
involvement tools and processes, such
as collaboration, public meetings, open
houses, workshops, and comment
periods.
Responsible Official: The official with
the authority and responsibility to
oversee the planning process and to
approve plans, plan amendments, and
plan revisions.
Reviewing Officer: The supervisor of
the responsible official. The reviewing
officer responds to objections made to a
plan, plan amendment, or plan revision
prior to approval.
Species: Any member of the currently
accepted and scientifically defined
plant or animal kingdoms of organisms.
Species-of-concern: Species for which
the responsible official determines that
management actions may be necessary
to prevent listing under the Endangered
Species Act.
Species-of-interest: Species for which
the responsible official determines that
management actions may be necessary
or desirable to achieve ecological or
other multiple use objectives.
Timber production: The purposeful
growing, tending, harvesting, and
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regeneration of regulated crops of trees
to be cut into logs, bolts, or other round
sections for industrial or consumer use.
Visitor opportunities: The spectrum of
settings, landscapes, scenery, facilities,
services, access points, information,
learning-based recreation, wildlife,
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natural features, cultural and heritage
sites, and so forth available for National
Forest System visitors to use and enjoy.
Wilderness: Any area of land
designated by Congress as part of the
National Wilderness Preservation
System that was established in the
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Wilderness Act of 1964 (16 U.S.C. 1131–
1136).
Dated: August 13, 2007.
Sally Collins,
Associate Chief.
[FR Doc. E7–16378 Filed 8–22–07; 8:45 am]
BILLING CODE 3410–11–P
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[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Proposed Rules]
[Pages 48514-48541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16378]
[[Page 48513]]
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Part VI
Department of Agriculture
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Forest Service
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36 CFR Part 219
National Forest System Land Management Planning; Proposed Rule
Federal Register / Vol. 72, No. 163 / Thursday, August 23, 2007 /
Proposed Rules
[[Page 48514]]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AC70
National Forest System Land Management Planning
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Forest Service, U.S. Department of Agriculture, is
providing notice and opportunity for comment on a proposed rule for
National Forest System land management planning. This rulemaking is the
result of a U.S. district court order dated March 30, 2007, which
enjoined the United States Department of Agriculture from
implementation and utilization of the land management planning rule
published in 2005 (70 FR 1023) until it complies with the court's order
regarding the National Environmental Policy Act, the Endangered Species
Act, and the Administrative Procedure Act (Citizens for Better Forestry
et al. v. USDA, C.A. C05-1144 (N. D. Cal.)). The purpose of this
proposed rule is to respond to the court's ruling about notice and
comment requirements under the Administrative Procedure Act by
publishing the 2005 rule as a proposed rule. The Agency plans to comply
with the court's order regarding the Endangered Species Act. In
addition, the Agency is preparing a draft environmental impact
statement under the National Environmental Policy Act.
This proposed rule sets forth a framework for National Forest
System land management planning to provide for sustainability of
social, economic, and ecological systems and establishes direction for
developing, amending, and revising land management plans. The proposed
rule clarifies that, absent extraordinary circumstances, land
management plans developed, amended, or revised under the proposed rule
are strategic and are one stage in an adaptive cycle of planning for
management of National Forest System lands. The intent of the proposed
rule is to streamline and improve the planning process by making plans
more adaptable to changes in social, economic, and environmental
conditions; to strengthen the role of science in planning; to
strengthen collaborative relationships with the public and other
governmental entities; and to reaffirm the principle of sustainable
management consistent with the Multiple-Use Sustained-Yield Act and
other authorities.
DATES: Comments must be received in writing by October 22, 2007. The
Agency will consider and place comments received after this date in the
record only if practicable.
ADDRESSES: Send written comments concerning this proposed rule through
one of the following methods: E-mail: planningrule@fscomments.org.
Include ``planning rule'' in the subject line of the message. Fax:
(916) 456-6724. Please identify your comments by including ``planning
rule'' on the cover sheet or the first page. Mail: Planning Rule
Comments, P.O. Box 162969, Sacramento, CA 95816-2969. Please note that
the Forest Service will not be able to receive hand-delivered comments.
Submit comments through the World Wide Web/Internet Web site https://
www.regulations.gov. 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 Bob Dow at (801) 517-1022.
FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist;
Ecosystem Management Coordination Staff (202) 205-1552, or Ron Pugh,
Planning Specialist, Ecosystem Management Coordination Staff (202) 205-
0992.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Additional Documents Are Available
2. The 2005 Planning Rule
3. Overview of the 2007 Proposed Rule
Major Themes and Areas of Public Comment in the
Proposed Rule
Plans Should Be Strategic
Plans Should Be Adaptive and Based on Current
Information and Science
Land Management Planning Should Involve the Public
Plans Should Guide Sustainable Management of NFS Lands
Environmental Management Systems and Adaptive
Management
National Environmental Policy Act and National Forest
Management Act Planning
Summary
4. Section-by-Section Explanation of the Proposed Rule
Section 219.1--Purpose and Applicability
Section 219.2--Levels of Planning and Planning Authority
Section 219.3--Nature of Land Management Planning
Section 219.4--National Environmental Policy Act compliance
Section 219.5--Environmental Management Systems
Section 219.6--Evaluations and monitoring
Section 219.7--Developing, Amending, or Revising a Plan
Section 219.8--Application of a New Plan, Plan Amendment, or
Plan Revision
Section 219.9--Public Participation, Collaboration, and
Notification
Section 219.10--Sustainability
Section 219.11--Role of Science in Planning
Section 219.12--Suitable Uses and Provisions Required by NFMA
Section 219.13--Objections to Plans, Plan Amendments, or Plan
Revisions
Section 219.14--Effective Dates and Transition
Section 219.15--Severability
Section 219.16--Definitions
5. Regulatory Certifications
Regulatory Impact
Environmental Impacts
Summary of Environmental Impact Statement
Energy Effects
Controlling Paperwork Burdens on the Public
Federalism
Consultation With Indian Tribal Governments
No Takings Implications
Civil Justice Reform
Unfunded Mandates
1. Additional Documents Are Available
The following information is posted on the World Wide Web/Internet
at https://www.fs.fed.us/emc/nfma/2007_planning_rule.html: (1) This
proposed rule; (2) a draft environmental impact statement (EIS)
analyzing the proposed rule; (3) the Civil Rights Impact Analysis for
this proposed rule; (4) the cost-benefit analysis for this proposed
rule; (5) the business model cost study done to estimate predicted
costs to implement the 2000 planning rule, and (6) the Forest Service
directives and other guidance on land management planning developed for
the now enjoined 2005 planning rule. This information may also be
obtained upon written request from the Director, Ecosystem Management
Coordination Staff, Forest Service, USDA, Mail Stop 1104, 1400
Independence Avenue, SW., Washington, DC 20250-1104. The final
environmental impact statement, when completed, will also be available
on the above Web site.
2. The 2005 Planning Rule
The Department published the land management planning rule in 2005
(2005 planning rule) in the Federal Register on January 5, 2005 (70 FR
1023). The 2005 planning rule at 36 CFR part 219 was based on a review,
conducted by Forest Service personnel at the direction of the Office of
the Secretary of the United States Department of Agriculture, of an
earlier planning rule promulgated in 2000 (65 FR 67514). The review
affirmed the
[[Page 48515]]
2000 rule's underlying concepts of sustainability, monitoring,
evaluation, collaboration (working with the public), and the
consideration of science. However, although the 2000 rule was intended
to simplify and streamline the development, amendment, and revision of
land management plans (also referred to as plans), the review concluded
that the 2000 rule was very costly and neither straightforward nor easy
to implement. The review also found that the 2000 rule did not clarify
adequately the strategic nature of land management planning.
Based on the review and over two decades of experience with plans,
the Agency published the 2005 planning rule to (1) simplify and
streamline the development, revision, and amendment of plans; (2)
clarify that plans are strategic; and (3) ensure that direction for
developing, revising, and amending plans is consistent with legal
requirements and the limits of the Agency authorities and the
capabilities of National Forest System lands.
On March 30, 2007, the United States District Court for the
Northern District of California in Citizens for Better Forestry et al.
v. United States Dept. of Agriculture, C.A. C05-1144 PJH, No. C 04-4512
PJH (N. D. Cal., March 30, 2007), enjoined the United States Department
of Agriculture (USDA) from implementation and utilization of the 2005
planning rule until USDA takes certain additional steps concerning the
Administrative Procedure Act (APA), the Endangered Species Act (ESA),
and the National Environmental Policy Act (NEPA).
The Agency is committed to transparent rulemaking and public
participation, and provided a notice and comment period for the
proposed 2005 rule (December 6, 2002, 67 FR 72770). In the final 2005
rule, the Agency changed the provisions for timber management
requirements, changed the provisions for making changes to the
monitoring program, and added provisions for environmental management
system (EMS). The Environmental Management System provisions require
the Agency to define a structure and system of organizational
activities, responsibilities, practices, and procedures for carrying
out the Agency environmental policy. The Court found that the proposed
rule did not provide sufficient notice to the public of these changes
to the final rule such that the final rule was not the logical
outgrowth of the proposed rule. Therefore, the Agency is providing
notice and seeking comment on the proposed rule, which includes the
changes made to the final 2005 planning rule.
Regarding NEPA, the court further found that the 2005 planning rule
did not fit the Agency's categorical exclusion for Servicewide
administrative procedures. That categorical exclusion, developed with
public participation, is a recognized method of NEPA compliance. Under
the court's order, however, further environmental analysis under NEPA
is required. Accordingly, the Agency is preparing a draft EIS on the
proposed rule.
Finally, the court found that the Agency was required to consult on
the impact of the 2005 rule under ESA. Based upon an analysis of the
2005 rule, the Agency had concluded that adoption of the 2005 planning
rule alone would have no effect on protected species or critical
habitat. The court, however, found that some form of consultation with
the U.S. Fish and Wildlife Service (USFWS) and National Oceanic and
Atmospheric Administration (NOAA) Fisheries is required. Accordingly,
the Agency plans to comply with the court's order regarding the
Endangered Species Act.
Without conceding the correctness of the court's ruling, which is
being addressed through the judicial process, the Agency has decided to
undertake these processes to expedite much needed plan revisions and
plan amendments.
3. Overview of the 2007 Proposed Rule
Forest planning rules have a long history. The Department adopted
the first planning rule September 17, 1979 (44 FR 53928). The planning
rule was substantially amended on September 30, 1982 (47 FR 43026), and
was amended in part on June 24, 1983 (48 FR 29122), and on September 7,
1983 (48 FR 40383). The 1982 rule, as amended, has guided the
development, amendment, and revision of the land management plans that
are now in place for all national forests and grasslands. In addition,
the Department adopted a revised rule on November 9, 2000 (65 FR
67514). No plans have been developed, amended, or revised using the
procedures of the 2000 rule. After review of the 2000 planning rule,
the Agency proposed to revise the planning rule on December 6, 2002 (67
FR 72770) with a 90-day public comment period.
This proposed rule is identical, except as noted below, to the
currently enjoined rule at 36 CFR part 219 published in the Federal
Register on January 5, 2005 (70 FR 1023) as amended on March 3, 2006
(71 FR 10837). The preamble to the 2005 rule contains a detailed
analysis of comments received and issues identified during the comment
on the 2002 proposed rule. This proposed rule differs from the 2005
final rule, in that, the effective date and the end of the transition
period date in Sec. 219.14 are changed. This proposed rule also
includes the amendment made March 3, 2006 (71 FR 10837) to change the
transition provision for the Tongass National Forest plan. The Agency
believes this proposed rule is based on a better understanding of land
management planning resulting from the Forest Service's 25 years of
experience developing, revising, and amending plans under the 1982
planning rule and 2000 rule transition provisions. After assessing the
flaws and benefits of the planning rules during these 25 years, the
Forest Service believes that it is time to rely on its experience,
think differently about NFS planning, and change our planning
procedures. This proposed rule embodies a strategic approach to
planning that emphasizes the desired outcomes of land management and
the sustainability of resources, rather than the output-oriented
approach embodied in the 1982 rule. The Forest Service's intent with
this proposed rule is to promote a more efficient way to protect the
environment and to facilitate working with the public. The proposed
rule establishes an adaptive management process with a priority on
monitoring to allow timely changes to plans to respond to changing
conditions and new information to ensure that clean air, clean water,
and abundant wildlife remain available. In this way, the proposed rule
better allows the Agency to carry out its mission to ``to sustain the
health, diversity, and productivity of the Nation's forests and
grasslands to meet the needs of present and future generations''
(Forest Service Manual 1020.21). This proposed rule will enable the
Forest Service to respond in a timely manner to changing conditions
like hazardous fuels, new science, and many other dynamics that affect
NFS management. A fundamental concept in this proposed rule is that
protection and management of the NFS lands should be based on sound and
current science.
This proposed rule assures the public the opportunity for an
effective voice throughout the entire planning process. Finally,
because this proposed rule will enable more efficient planning, the
Forest Service will be able to shift its limited resources to the
public's expressed priorities. These priorities include improved
conservation of the
[[Page 48516]]
forests and grasslands and better responses to the threats the forests
and grasslands face, such as critical wildfire danger and invasive
species that degrade ecological systems.
To achieve these important goals, plans under this proposed rule
will be more strategic and less prescriptive than those developed,
amended, or revised under the 1982 planning rule. The Agency believes
that strategic, adaptable plans are the most effective means of guiding
NFS management in light of changing conditions, science, and
technology. To this end, plans under this proposed rule typically will
not approve or prohibit projects or activities except under
extraordinary circumstances. Rather, as described further below, plans
under this proposed rule typically will contain five components, which
set forth guidance for subsequent decisions approving or prohibiting
on-the-ground activities. The plan components are: Desired conditions,
objectives, guidelines, suitability of areas, and special areas.
Major Themes and Areas of Public Comment in the Proposed Rule
The major themes of the proposed rule discussed in this preamble
reflect the public comments received on the 2005 rule (70 FR 1023).
This proposed rule sets forth the process for development, amendment,
and revision of plans for NFS units, including the national forests,
grasslands, prairie, or other comparable administrative units in
compliance with the National Forest Management Act (NFMA) of 1976 (16
U.S.C. 1600 et seq.). The Forest Service has developed 125 plans and
revised 53 plans since enactment of NFMA and has amended numerous
plans. The Agency expects to complete more than 100 additional
revisions during the next decade. Based on the decades of experience
under the 1982 planning rule, transition provisions of the 2000 rule,
and under the 2005 rule, the Agency has focused this proposed rule
around the following major themes:
Plans Should Be Strategic
The purpose of plans should be to establish goals for forests,
grasslands, and prairies and to set forth guidance to achieve those
goals. Plans can meet these purposes through components that describe
desired conditions, provide objectives for achieving desired
conditions, and that identify guidelines, suitability of areas for
various uses, and special areas. These five plan components will supply
clear, concise statements of management intent for all areas of the
national forests. Typically, a plan should not include decisions that
approve or prohibit projects and activities and such decisions would
follow subsequent proposed actions considered by the Agency.
Plans Should Be Adaptive and Based on Current Information and Science
Information, science, and unforeseen circumstances evolve during
the 15-year life expectancy of a plan. It must be possible to adjust
plans and the plan-monitoring program and to react to new information
and science swiftly and efficiently. An environmental management system
(EMS) approach will enhance adaptive planning and will be part of the
land management framework.
Land Management Planning Should Involve the Public
Plans are prepared for public lands. The Agency firmly believes
that public participation and collaboration should be welcomed and
encouraged during planning. Throughout the planning process,
responsible officials offer people the opportunity to work
collaboratively to find solutions that balance conflicting needs and
values, to evaluate management under the plans, and to consider the
need to adjust plans as conditions and issues change.
Plans Should Guide Sustainable Management of NFS Lands
The Multiple-Use Sustained-Yield Act (MUSYA) of 1960 (16 U.S.C.
528-531) requires that NFS lands are to be managed to provide a
continuous flow of goods and services to the nation in perpetuity. To
meet this requirement, plans must supply a sustainable framework--based
on social, economic, and ecological systems--to guide the on-the-ground
management of projects and activities, which results in these goods and
services.
Planning Must Comply With All Applicable Laws, Regulations, and
Policies
Planning must comply with all applicable laws, regulations, and
policies, although none of these requirements needs to be restated in
plans. For example, the Clean Water Act includes requirements for
nonpoint source management programs, to be administered by the States.
The States or the Forest Service then develops Best Management
Practices (BMPs) for use in the development of projects or activities
on NFS lands. BMPs are designed to meet State water quality standards
and prevent adverse environmental consequences. Specific BMPs and other
legal requirements do not have to be repeated in the plan to be in
effect and applicable to NFS projects and activities.
Plans Should Be Strategic
Land management plans are strategic. A plan establishes a long-term
management framework for NFS units. Within that framework, specific
projects and activities are proposed, approved, and carried out
depending on specific conditions and circumstances in the area at the
time the Forest Service initiates a project. The U.S. Supreme Court
described the nature of NFS plans in Ohio Forestry Ass'n v. Sierra Club
(523 U.S. 726, 737 (1998)) (Ohio Forestry), explaining that plans are
``tools for Agency planning and management.'' The Court recognized that
the provisions of such plans ``do not command anyone to do anything or
to refrain from doing anything; they do not grant, withhold, or modify
any formal legal license, power, or authority; they do not subject
anyone to any civil or criminal liability; they create no legal rights
or obligations'' (523 U.S. 733 (1998)).
The Supreme Court also recognized the similar nature of plans for
public lands under the jurisdiction of the Bureau of Land Management
(BLM) in Norton v. Southern Utah Wilderness Alliance, 124 S.Ct. 2373
(2004) (SUWA). The Supreme Court again observed that ``land use plans
are a preliminary step in the overall process of managing public
lands--`designed to guide and control future management actions and the
development of subsequent, more detailed and limited scope plans for
resources and uses.' '' In addition, ``a land use plan is not
ordinarily the medium for affirmative decisions that implement the
Agency's `project[ion]s.' '' Like a NFS land management plan, a BLM
plan typically `` `is not a final implementation decision on actions
which require further specific plans, process steps, or decisions under
specific provisions of law and regulations.' '' ``The BLM's * * * land
use plans are normally not used to make site-specific implementation
decisions.'' The Supreme Court acknowledged that plans are ``tools by
which `present and future use is projected' [and] * * * generally a
statement of priorities,'' 124 S.Ct. 2373 (2004).
Under the proposed rule, plans will continue to be the strategic
plans recognized by the Supreme Court in Ohio Forestry and SUWA. As
described below, the five components of a plan under the proposed rule
do not approve or prohibit projects and activities, but rather
characterize general desired conditions and guidance for achieving
[[Page 48517]]
and maintaining those conditions. Typically, a plan will not approve or
prohibit activities.
On December 11, 1997, Secretary of Agriculture chartered the
Committee of Scientists (COS) to provide scientific and technical
advice on improvements that could be made in the planning process. The
Forest Service examined the report by the COS, which said on page xxx
of the synopsis of their COS Report: ``Collaborative planning begins by
finding agreement in a common vision for the future conditions of the
national forests and grasslands'' and said on page xxv of the synopsis
of their COS report ``it also requires crafting strategies to achieve
those conditions'' (Committee of Scientists Report, March 15, 1999,
U.S. Department of Agriculture, Washington, DC 193 p.). The Forest
Service also examined the strategic planning processes used by
businesses and other government agencies. The Forest Service developed
a three-part outline to organize plan components, and communicate their
strategic nature. This outline is based on the plan components in the
final 2005 planning rule and this proposed rule. The Forest Service
describes the three parts, vision, strategy, and design criteria, in
Foundations of Forest Planning, Volume 1--Preparing a Forest Plan. This
document is available from the Technical Information for Planning
Systems Web site at https://www.fs.fed.us/TIPS. Within this outline, the
vision is expressed with descriptions of desired conditions. The
strategy is crafted from three plan components: Suitability of areas,
special areas, and objectives. Finally, the design criteria are
developed using the guidelines plan component. The Forest Service
directives for the 2005 planning rule (FSM 1921.1, FSH 1909.12, chapter
10) recommend responsible officials use this three-part outline for
plans. For example, the Cimarron and Comanche National Grasslands Plan,
Pre-Decisional Review Version was made available using that outline.
See https://www.fs.fed.us/r2/psicc/projects/forest_revision/gr_plan_
prv.shtml.
Planning documentation
The proposed rule requires a plan document or set of documents
(Sec. 219.7(a)(1)) to contain all information relevant to planning. A
plan document or set of documents includes: (1) Evaluation reports; (2)
all plan components, including applicable maps; (3) the plan approval
document; (4) any relevant National Environmental Policy Act of 1969
(NEPA) documents; (5) the monitoring program for the plan area; (6) any
documents relating to the public involvement process in planning; (7)
any documents relating to the adaptive management process (including
EMS) applicable to the plan; and (8) documentation of how science was
taken into account in the planning process (Sec. 219.11).
Plan Components
This proposed rule uses the term ``plan components'' to describe
the parts of a plan. How plans are characterized and how plan parts
operate has evolved over the years. This evolution has occurred through
an ongoing evaluation of the role plans play, how plans guide projects,
how plans have or do not have on-the-ground impacts, how current plans
enable or restrict responding to changing circumstances and science,
and how more active and structured monitoring provides better
information for monitoring, amending, or revising plans as needed. To a
greater extent than before, plans under the proposed planning rule will
be strategic and aspirational in nature, setting desired conditions,
objectives, and guidance for subsequent on-the-ground projects or
activities. Typically, the Forest Service can meaningfully evaluate
environmental effects only when projects or activities developed to
carry out desired conditions and objectives of the plan are proposed.
The Agency has concluded that plans are more effective if they
include more detailed descriptions of desired conditions and general
guidance instead of long lists of prohibitive standards, guidelines, or
suitability determinations developed in an attempt to anticipate and
address every possible future project or activity and the potential on-
the-ground effects they could cause. Under this proposed rule, plans
have five principal components (Sec. 219.7(a)(2)): Desired conditions,
objectives, guidelines, suitability of areas, and special areas.
Desired Conditions
Desired conditions are the social, economic, and ecological
attributes toward which management of the land and resources of the
plan area is directed. Desired conditions are long-term and
aspirational, but are neither commitments nor final decisions on
projects and activities. Desired conditions may be achievable only over
a period longer than the 15 years covered by the plan.
The increased attention to fire regimes provides an example of the
role of ``desired conditions.'' The Forest Service has been challenged
with unnatural fuel levels throughout NFS lands. Much of the western
United States is currently in a severe drought cycle, and the reduction
of fuel is necessary. To facilitate moving toward a healthier and more
natural condition on the land, a plan could describe ecological
conditions closer to those that would have occurred under natural fire
regimes: For example, desired conditions for desired fuel loads, along
with desired tree species, structure, distribution, and density.
The Agency, working with the public, also may seek to achieve or
maintain desired conditions for attributes, such as quietness, a sense
of remoteness, or attributes of our cultural heritage. Desired
conditions also have a key role to play for wildlife habitat
management. During plan development, it is difficult to envision all
the site-specific factors that can influence wildlife. For example, in
the past, plans might have included standards prohibiting vegetation
treatment during certain months or standards requiring a buffer for
activities near the nest sites of birds sensitive to disturbance during
nesting. However, topography, vegetation density, or other factors may
render such prohibitions inadequate or unduly restrictive in specific
situations. A thorough desired condition description of what a species
needs is often more useful than a long list of prohibitions. Thorough
desired condition descriptions are more useful because they provide
context, starting point, and vision for project or activity design,
when the site-specific conditions are known and when species
conservation measures can be most meaningfully evaluated and
effectively applied. Again, a thorough description of what the Agency,
working with the public, wants to achieve ultimately on the ground is
key to a strategic planning process.
Objectives
Objectives are concise projections of intended outcomes of projects
and activities to contribute to the maintenance or achievement of
desired conditions. Objectives are measurable and time-specific and,
like desired conditions, are aspirational, but are neither commitments
nor final decisions approving or prohibiting projects and activities.
The application of objectives is the same under the proposed rule as
objectives were applied under the 1982 planning rule.
Guidelines
Guidelines provide information and guidance for the design of
projects and activities to help achieve objectives and desired
conditions. Guidelines are not commitments or final decisions
[[Page 48518]]
approving or prohibiting projects and activities. Guidelines should
provide the recommended technical and scientific specifications to be
used in the design of projects and activities to contribute to the
achievement of desired conditions and objectives. They are the guidance
that a responsible official would normally apply to a project or
activity unless there is a reason to vary. The project or activity
design may vary from the guideline only if the design is an effective
means of meeting the purpose of the guideline, to maintain or
contribute to the attainment of relevant desired conditions and
objectives. If the responsible official decides a variance from the
guideline is necessary, the responsible official must document how the
variance is an effective means of maintaining or contributing to the
attainment of relevant desired conditions and objectives. However, a
variance does not require an amendment to the plan.
Section 6 of the National Forest Management Act (NFMA) of 1976 (16
U.S.C. 1600 et seq.) sets forth the requirements for development and
maintenance of land management plans. Section 6(c) of 16 U.S.C. 1604
directs the Secretary of Agriculture to incorporate the ``standards and
guidelines'' required by that section into plans as soon as
practicable. Section 6(g) directs the Secretary to promulgate
regulations setting out the process for development and revision of
plans and specifying the guidelines prescribed by that subsection.
Subsection (g) requires the regulations to include guidelines for
various things, such as land suitability identifications, diversity of
plant and animal communities based on the suitability and capability of
the land to meet overall multiple use objectives, and permitting
harvest level increases, among other things. Subsection (g) does not
specify that any particular standards must be included nor the form in
which the regulations must provide guidelines. In the 1982 planning
rule and the original plans, the terms ``standards and guidelines''
were usually used interchangeably. Some plan revisions have called
mandatory provisions ``standards'' and discretionary direction with
latitude for variance as ``guidelines.'' The 2000 planning rule did not
use the term ``guidelines.'' In the 2000 planning rule, a provision
labeled a standard could be either mandatory or discretionary depending
upon its wording and the scope of its requirements.
However, in line with and to emphasize the strategic nature of
plans, this proposed rule proposes the term ``guidelines'' and does not
include the term ``standards'' as a required plan component.
Suitability of Areas
Suitability of areas is the identification of the general
suitability of an area in an NFS unit for a variety of uses. Plans may
identify areas as generally suitable for uses that are compatible with
desired conditions and objectives for that area. Under this proposed
rule, a plan may identify all uses that are generally suitable for a
particular area or may identify the major or most prominent generally
suitable uses. The identification of an area as generally suitable for
a use or uses is neither a commitment nor a decision approving or
prohibiting activities or uses. Responsible officials authorize the
actual suitability of an area for a specific use or activity through
project and activity decisionmaking.
The identification of areas as generally suitable does not
``allocate'' the area but identifies that desired conditions are
compatible with that use. A future proposed project for a use not
identified as a generally suitable use may be approved if appropriate
based on site-specific analysis and if the proposed project is
consistent with other plan components. The identification of an area as
generally suitable for various uses is not a final decision compelling,
approving, or prohibiting projects and activities. The identification
of generally suitable land areas is guidance for future project or
activity decision-making. A final determination of suitability of lands
for resource uses is made through project and activity decisionmaking.
Suitable use identification has evolved over time. Plans prepared
under the 1982 planning rule often characterized suitable use
identification as permanent restrictions on uses or permanent
determinations that certain uses would be suitable in particular areas
of the unit over the life of the plan. However, even under the 1982
planning rule, these identifications were never truly permanent, unless
they were statutory designations by Congress. Early in the Agency's
experience with carrying out the 1982 planning rule the Forest Service
realized that suitability identifications in a plan, like environmental
analysis itself, would always require site-specific reviews when
projects or activities were proposed. This site-specific review would
verify that the proposed project or activity is compatible with desired
conditions and objectives for that area or compatible with the other
suitable uses for that area.
For example, on lands identified as generally suitable for timber
production, site-specific analysis of a proposal could identify a
portion of that area as having poor soil or unstable slopes. The
project design would then exclude such portions of the project area
from timber harvest based on this site-specific analysis. Thus, the
Forest Service never made a final determination of suitability until
the project or activity analysis and decision process was completed.
This proposed rule better characterizes the nature and purpose of
suitability identification.
An illustration of the effect of suitability identifications in the
proposed rule may be helpful. Under this proposed rule, a plan may
identify certain portions of an NFS unit as generally suitable for some
uses. Example uses may include: Mechanized travel, motorized travel,
non-commercial uses, non-mechanized travel, non-motorized travel, and
wheeled motorized travel. Suppose for example that an area of an NFS
unit is identified as generally suitable for wheeled motorized travel
(or transportation development). Identification of an area in a plan as
generally suitable for motorized travel does not mean that construction
of any road is approved or is even inevitable. Rather, the
identification merely provides guidance for where road construction may
be compatible with desired conditions. The responsible official may
approve proposed projects for construction of a road or roads only
after appropriate project-specific National Environmental Policy Act
(NEPA) analysis and public involvement.
Special Areas
Special areas are areas within the NFS designated for their unique
or special characteristics. Under the proposed rule, these areas
include wilderness, wild and scenic river corridors, and research
natural areas. Special areas also may include smaller areas with unique
botanical, geologic, or other natural feature that makes them special.
Some of these areas are statutorily designated. Other areas may be
designated through plan development, amendment, revision, or through a
separate administrative process with appropriate NEPA analysis.
Monitoring
The monitoring program is also a central element of adaptive
management in this proposed rule because monitoring is the key to
discovering how to make project-specific decisions consistent with
desired conditions and
[[Page 48519]]
objectives and to discovering what ultimately may need to be changed in
a plan. Experience has shown that while some monitoring programs and
specific monitoring techniques have been adequate to evaluate the need
for changes in plans of national forests, grasslands, prairie, or other
comparable administrative units over time, some have not. New uses,
such as mountain biking, were not contemplated 25 years ago. Noxious
weeds can infest a previously pristine landscape. New methods of
measuring water quality or wildlife habitat can be developed.
Therefore, a unit's monitoring program must be readily adaptable. Most
plans revised under the 1982 planning rule, in fact, have removed most
monitoring operational details from the plans themselves to allow for
quicker changes to monitoring activities when needed.
The proposed rule allows the monitoring program to be changed with
administrative corrections, instead of amendments, to more quickly
reflect the best available science and account for unanticipated
changes in conditions. The responsible official will notify the public
of changes in monitoring programs, and the responsible official can
involve the public in a variety of ways to develop program changes.
Streamlining the Planning Rule and Use of the Forest Service Directive
System
This proposed rule places the procedural and technical details to
carry out the NFMA in the Forest Service Directive System (Forest
Service directives). Forest Service directives are the primary basis
for the Forest Service's internal management of all its programs and
the primary source of administrative direction to Forest Service
employees. The Forest Service Manual (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 Forest
Service Handbook (FSH) is the principal source of specialized guidance
and instruction for carrying out the policies, objectives, and
responsibilities contained in the FSM. The Forest Service is required
by section 14 of NFMA (16 U.S.C. 1612(a) to provide adequate notice and
opportunity to comment on the formulation of standards, criteria, and
guidelines applicable to Forest Service programs. Forest Service
regulations at 36 CFR part 216 define standards, criteria, and
guidelines as those ``written policies, instructions and orders,
originated by the Forest Service and issued in the Forest Service
Manual * * *.''
The Forest Service developed directives for the enjoined 2005 rule
that set forth the legal authorities, objectives, policy,
responsibilities, direction, and overall guidance that Forest Service
line officers, Agency employees, and others would need to use that
rule. Directives in Forest Service Manuals (FSMs) 1900 and 1920 and
Forest Service Handbook (FSH) 1909.12, chapters zero code, 10, 20, 30,
40, 50, 60 and 80 were issued on January 31, 2006 (71 FR 5124). A
directive to FSM 1330 was issued on March 3, 2006 (71 FR 10956). A
directive to FSH 1909.12, chapter 70 was issued on January 31, 2007 (72
FR 4478). If the United States Department of Agriculture (Department)
promulgates the proposed rule as final, the Agency would carry out this
rule using the current directives, modified as necessary to account for
changes because of this rulemaking. Directives are available at https://
www.fs.fed.us/emc/nfma/index5.html.
Plans Should Be Adaptive and Based on Current Information and
Science
This proposed rule requires that the responsible official take into
account the best available science (Sec. 219.11) and specifies the
process for taking science into account. Under this proposed rule,
science, while only one aspect of decisionmaking, is a significant
source of information for the responsible official. When making
decisions, the responsible official also considers public input,
competing use demands, budget projections, and many other factors.
Under the 1982 planning rule, planning teams were required to
``integrate knowledge of the physical, biological, economic and social
sciences, and the environmental design arts in the planning process''
(Sec. 219.5(a) of 1982 planning rule). Therefore, the Agency has been
under an obligation to take the best available science into account for
decades. The addition of Sec. 219.11 specifies provisions to make
plain what has been part of good practice.
The proposed rule states that the responsible official may use
independent peer reviews, science advisory boards, or other appropriate
review methods to evaluate the application of science used in the
planning process. Forest Service directives (FSH 1909.12, chapter 40)
set forth specific procedures for conducting science reviews.
The responsible official must take into account the best available
science, and document in the plan that science was considered,
correctly interpreted, appropriately applied, and evaluate and disclose
incomplete or unavailable information, scientific uncertainty, and
risk. This evaluation and disclosure of uncertainty and risk provide a
crosscheck for appropriate interpretation of science and help clarify
the limitations of the information base for the plan.
Land Management Planning Should Involve the Public
The proposed rule clearly expresses the Agency's emphasis on public
involvement and collaboration. The proposed rule clarifies requirements
about public involvement by consolidating provisions on consultation
with interested individuals and organizations, State and local
governments, Federal agencies, and federally recognized Indian Tribes.
The Agency expects that, compared with the 1982 planning rule, this
proposed rule will allow more members of the public to be more
effectively engaged because development of a plan, plan amendment, or
plan revision will be simpler, more transparent, and faster. The public
will have the opportunity to engage collaboratively in the development,
amendment, or revision of a plan and in the development of the
monitoring program. In addition, the public will have an opportunity to
comment on a plan, plan amendment, or plan revision, and to object
prior to approval if concerns remain.
The proposed rule requires opportunities for public involvement in
the unit's land management planning process (Sec. 219.9) and in
monitoring (Sec. 219.6(b)(3)). One of the more important changes in
public involvement is how the Forest Service will work with the public
to collaboratively develop, amend, or revise a plan.
The Agency has lots of experience with the type of collaboration
envisioned under the proposed rule. Collaboration will vary by
administrative unit by necessity to deal with local, regional, and
national needs, interests, and values. In addition, the process must
take into account the capability for collaboration of these
stakeholders and Forest Service personnel. There are many ways to
design a collaborative process including open public meetings,
landscape-based, issue-based, technical reviews, issue presentations,
joint fact finding, web-based interactions, and various other types of
communication.
For instance, from the Forest Service perspective, the
collaboration effort on
[[Page 48520]]
the White Mountain National Forest, located in New Hampshire and Maine,
was successful. The collaboration effort began in 1997 and their
planning effort was guided by the 1982 planning regulations in effect
at that time. The national forest used a wide variety of public
involvement, collaboration, and communication methods during the eight
years they worked on revising their plan, including outreach meetings;
numerous public planning meetings; monthly meetings of geographically
based local planning groups; and meetings and conversations with tribal
officials, local governments, and private individuals and
organizations. Through these meetings, members of the public were given
many opportunities to interact with the Agency's planning team and
provide input on future management of the national forest.
Collaboration occurred throughout the development of the revised plan
and environmental impact statement, and was in addition to public
comment periods required by the 1982 planning rule. These efforts
culminated with the approval of a revised forest plan in September
2005. The administrative appeal period closed 90 days later without a
single appeal being filed, surely an indicator of successful
collaboration.
Before the injunction against the 2005 planning rule, the Agency
had some opportunities to use the public participation provisions of
that rule. A survey of several of the Forest Service units that have
conducted collaboration activities under the 2005 planning rule
indicates potential for successful collaboration under the proposed
rule. For instance, the Cimarron and Comanche National Grasslands
(Grasslands) applied collaborative processes in four local communities.
Invited researchers and professors at regional universities
participated in two scientific reviews of the plan and related
assessments and monitoring questions. The Grasslands reached out to and
shared information with many local stakeholders including grazing
associations, environmental groups, federal, state, and local
government agencies, and others. Some of the media included postcards,
newsletters, and posters, newspapers, and local radio stations. They
collaborated diligently with outside groups on the Plan's monitoring
questions and performance measures. To share the latest information
about the plan revision, processes used during plan development, and
the associated documents supporting the plan, the Grasslands planning
team also kept the plan revision Web site current.
The Grasslands' first round of public meetings used the
collaborative tools of structured group exercises, questionnaires, open
houses, individual questions-and-answers, and group discussions. From
this the planning team learned what interested parties believed were
the main topics to deal with and what they would like the Grasslands to
look like in the future.
The Grasslands' second round of public meetings centered on the
proposed plan, which was released in December 2005. In this second
round, each of several small groups focused on a designated section of
the proposed plan and engaged in discussion with Forest Service and
third party facilitators to develop and suggest changes they would like
to make to the proposed plan. This round focused on whether the
proposed plan's components embodied the public's expressed desires.
This round also engaged the public in evaluating the proposed plans'
monitoring questions and performance measures, which had been developed
in cooperation with The Nature Conservancy. Two main views were
represented in the public meetings and comments. Some respondents felt
their traditional lifestyle was threatened by economic conditions,
drought, government interference, and the growing population of
Colorado's Front Range. Other people advocated quiet-use recreation and
habitat and wildlife protection. From the Forest Service perspective,
collaboration provided a safe environment where these diverse groups
could express differing opinions, share ideas, and begin building
relationships. One result was improved relations, understanding,
communication, and a confidence about working together. Based on Forest
Service interpretation of feedback forms, participants were pleased
with the approach used and with the mixed working group exercises.
Another important benefit for Agency employees was the opportunity to
improve their own collaboration skills.
The Forest Service has found that the traditional way of developing
plan alternatives under the 1982 planning rule has often had an adverse
effect on the planning process. The traditional approach of developing
and choosing among discrete alternatives that are carried throughout
the entire planning process often proves divisive, because it often
maintains adversarial positions, rather than helping people seek common
ground. To overcome this tendency, the proposed rule features an
iterative approach to planning. The Agency recognizes that people have
many different ideas about how NFS lands should be managed.
Furthermore, a plan could potentially include a variety of different
desired conditions, objectives, suitable uses, guidelines, and special
area designations. The Agency also recognizes that the public should be
involved in determining what plan components should be. Therefore, the
proposed rule emphasizes participation and collaboration with the
public at all stages of plan development, plan amendment, or plan
revision.
The responsible official and the public will review the various
options to change the plan, and together they will successively narrow
potential plan component options until a proposed plan is developed.
However, the proposed rule also recognizes that it is not always
possible or desirable to present only one proposed plan for public
comment and, therefore, the responsible official can develop options to
the proposed plan for public comment when appropriate.
The Forest Service will ensure the process for plan development
will be transparent to the public. Key steps in development of the
proposed plan will be documented in the plan document or set of
documents, which will be available to the public. While the proposed
rule requires the responsible official to collaborate with the public
and that a record of that collaboration be kept, it does not require
in-depth social, economic, or ecological analysis of every potential
option for a plan. In-depth analysis, documented in an evaluation
report, is required only for the proposed plan and the options that
remain after public collaboration.
The plan approved by the responsible official will be a result of
public participation and collaboration that will have included
consideration of a variety of different ways to manage a national
forest, grassland, prairie, or other comparable administrative unit.
Although the responsible official will continue to have the
responsibility and the authority to make the final decision, the
proposed plans that the Forest Service will present for public comment
will be plans jointly and collaboratively developed with the public.
The Agency hopes this approach to plan development will serve to
encourage people to work together to understand each other and find
common solutions to the important and critical planning issues the
Agency faces. In summary, this proposed rule emphasizes collaboration
and offers abundant opportunities for more effective public
involvement.
[[Page 48521]]
Plans Should Guide Sustainable Management of NFS Lands
As did the 2000 planning rule, this proposed rule makes
sustainability the overall goal for NFS planning. Managing NFS lands
for sustainability of their renewable resources meets the Multiple Use
and Sustained Yield Act of 1960 (MUSYA) mandate that the Secretary
develop and administer the renewable surface resources of the national
forests for multiple use and sustained yield (16 U.S.C. 529). Managing
for sustainability will provide for management of the various renewable
resources without impairment of the productivity of the land, as
required by the MUSYA. Sustaining the productivity of the land and its
renewable resources means meeting present needs without compromising
the ability of those lands and resources to meet the needs of future
generations. The proposed rule is identical to the 2005 planning rule
for social, economic, and ecological sustainability requirements.
NFMA requires guidelines for plans that provide for diversity of
plant and animal communities (16 U.S.C. 1604(g)(3)(B)) based on the
suitability and capability of the land area to meet overall multiple-
use objectives. Almost 30 years after passage of the NFMA, the concepts
of biological diversity at different spatial and temporal scales,
including genetic diversity, species diversity, structural diversity,
and functional diversity have been substantially refined and developed.
Today, the Agency has a vast array of methods available to provide for
diversity. The complexity of biological diversity often results in a
correspondingly complicated array of concepts, measures, and values
from several scientific disciplines.
The 2002 proposed rule asked for comments on an ecosystem approach
(67 FR 72770, December 6, 2002). The Agency also hosted a workshop to
arrange an opportunity for public discussion of the ecosystem approach
and for identification of other ideas on how best to meet the statutory
diversity requirement. Both in public comments and during the workshop,
people expressed an extremely wide range of opinions. The Agency found
these comments useful in developing a scientifically credible and
realistic approach for this proposed rule and in the development of
Forest Service directives that meet legal requirements and the Agency's
stewardship responsibilities.
In common with 2002 proposed rule and the 2000 planning rule, the
proposed rule approaches diversity at two levels of ecological
organization: The ecosystem level and the species level. This concept
has considerable support among scientists, has already been tested by a
number of NFS administrative units developing or revising plans under
the 1982 planning rule, and the now enjoined 2005 planning rule.
The Agency developed the proposed rule based on the following
concepts related to diversity:
First, maintenance of the diversity of plant and animal communities
starts with an ecosystem approach. In an ecosystem approach, the plan
will provide a framework for maintaining and restoring ecosystem
conditions necessary to conserve most species.
Second, where the responsible official determines that the
ecosystem approach alone does not provide an adequate framework for
maintaining and restoring conditions to support specific federally
listed threatened or endangered species, species-of-concern, and
species-of-interest, the plan must include additional provisions for
these species. This proposed rule defines species-of-concern as those
species for which the responsible official determines that continued
existence is a concern and listing under the Endangered Species Act
(ESA) may become necessary. This proposed rule defines species-of-
interest as those species for which the responsible official determines
that management actions may be necessary or desirable to achieve
ecological or other multiple-use objectives. The Forest Service
directive (FSH 1909.12, section 43.22) identifies lists of species
developed by objective and scientifically credible third parties,
including the U.S. Fish and Wildlife Service and NatureServe (https://
www.natureserve.org/).
Third, Agency managers should concentrate their efforts on
contributing to sustaining species where Forest Service has the
authority and capability to carry out management activities that may
affect species rather than where the cause of species decline is
outside the limits of Agency authority or the capability of the plan
area.
Fourth, the presence of all native and desired non-native species
in a plan area is important. However, the responsible official should
have the flexibility to determine the degree of conservation to be
provided for the species that are not in danger of ESA listing, to
better balance the various multiple uses, including the often-competing
needs of different species themselves.
Fifth, the planning framework should provide measures for
accounting for progress toward ecosystem and species diversity goals.
The proposed rule and the Forest Service directives provide a framework
within which efforts to maintain and restore species will be monitored.
Progress toward desired conditions and objectives will be monitored and
the results made available to the public. The adaptive management
process, which includes monitoring and feedback, will help maintain and
improve diversity.
The proposed rule is less detailed than 2002 proposed rule or the
2000 planning rule with respect to specific ecosystem analysis
requirements. After reviewing public comments, and after consideration
of the Forest Service's experience with planning over the past 25
years, the Agency concluded that such detail about analysis is more
properly included in the Forest Service directives. These directives
can be more extensive and can be more easily updated as the Agency
learns how to improve its analytic processes and as new scientific
concepts and new technological capabilities become available.
The Forest Service developed directives for the enjoined 2005 rule
that set forth the overall guidance that Forest Service employees would
need to use that rule. The Forest Service directives (FSM 1921.7, FSH
1909.12, chapter 40) include appropriate analysis processes. The Agency
believes it is more appropriate to put specific procedural analytical
requirements in the Forest Service directives rather than in the rule
itself so that the analytical procedures can be changed more easily if
new and better techniques emerge.
The proposed rule focuses on ecosystem diversity as the primary
means of providing for the diversity of plant and animal communities.
The proposed rule does not explicitly require analysis of ecosystem
characteristics, natural variation under historic disturbance regimes,
or spatial scales. However, guidance on appropriate analysis is
included in the Forest Service directives (FSM 1921.7, FSH 1909.12,
chapter 40).
Another point in common between this proposed rule and 2002
proposed rule is the concept that the more effective the ecosystem
management guidance is in sustaining species habitat, the less need
there is for analysis and planning at the species level of ecological
organization. This proposed rule recognizes that some additional
analysis and additional plan provisions may be needed for some species.
It is the Agency's expectation that in developing the plan components,
especially the desired conditions, that
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plans will supply sufficient detail for characteristics of both
ecosystem diversity and species diversity to provide the ecological
conditions necessary to conserve and recover species and prevent the
listing of at-risk species. We will collaborate with the ESA regulatory
agencies in the development of these plan components for listed
species. However, the proposed rule does not include a requirement to
provide for viable populations of plant and animal species. Such a
requirement had previously been included in both the 1982 planning rule
and the 2000 planning rule.
The species viability requirement was not proposed for several
reasons:
First, the experience of the Forest Service under the 1982 planning
rule has been that ensuring species viability is not always possible.
For example, viability of some species on NFS lands may not be
achievable because of species-specific distribution patterns (such as a
species on the extreme and fluctuating edge of its natural range), or
when the reasons for species decline are due to factors outside the
control of the Agency (such as habitat alteration in South America
causing a decline of some Neotropical birds), or when the land lacks
the capability to support species (such as a drought affecting fish
habitat).
Second, the number of recognized species present on the units of
the NFS is very large. It is clearly impractical to analyze all
species, and previous attempts to analyze the full suite of species via
groups, surrogates, and representatives have had mixed success in
practice.
Third, focus on the viability requirement has often diverted
attention and resources away from an ecosystem approach to land
management that, in the Agency's view, is the most efficient and
effective way to manage for the broadest range of species with the
limited resources available for the task.
The ecosystem approach is consistent with the statute. NFMA
requires the Agency to provide for diversity of plant and animal
communities based on the suitability and capability of the specific
land area in order to meet overall multiple-use objectives.
Requirements for species population monitoring are not included in
this proposed rule. Population data are difficult to obtain and
evaluate because there are so many factors outside the control of the
Forest Service that affect populations. The Agency believes that it is
best to focus the Agency's monitoring program on habitat on NFS land
where the Agency can adjust management to meet the needs of certain
species. Desired conditions are often a focus of the monitoring
program. The Agency will identify species-of-concern and species-of-
interest (Sec. 219.16). Where ecological conditions for these species
are identified as desired conditions, the habitat could be monitored to
assist in avoiding future listing of these species. However, the
proposed rule does not preclude population monitoring. Plans may
include population monitoring as appropriate.
In summary, in compliance with NFMA, the ecological sustainability
provisions in the proposed rule require the foundation of the plan to
provide for diversity of plant and animal communities. The proposed
rule requires a complementary ecosystem and species diversity approach
for ecological sustainability. The proposed rule at Sec. 219.7(a)(2)
establishes requirements for developing plan components to guide
projects and activities. All parts of the land management framework,
including plan components, monitoring, and plan adjustment, are
designed to work together to contribute to sustainability. This
framework requires the responsible officials to act and empowers them
to tailor the plan to sustainability needs and conditions.
Environmental Management Systems and Adaptive Management
Adaptive Management and Land Management Planning
Plans must adapt to ever-changing conditions. Agency policy may
change, new laws may be enacted, or court decisions can change
interpretation of existing laws. Fires, invasive species, or outbreaks
of insects or disease can substantially change environmental
conditions. Changes in market conditions or public values may shift the
demand for specific goods and services. Changes in future climate
elements such as absolute or relative humidity, clouds and sky
conditions, precipitation, snow depth, snowfall, soil temperature and
moisture, solar radiation, temperature, wind speed and direction may
influence the structure, function, and productivity of forest and
related ecosystems. Scientific findings can change our understanding of
the environment and of the effects of specific management activities.
Better monitoring techniques or ways to achieve objectives may be
found. Plans must reflect the fact that ecological conditions are
dynamic and that change and uncertainty are inevitable. Con