Sensitive Species and Endangered Species Act Section 7 Consultation Policy for National Forest System Land Management Planning Under the 2008 Planning Rule, 46242-46244 [E8-18283]
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46242
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
The draft EIS is expected to be filed
with the Environmental Protection
Agency (EPA) and to be available for
public review by January 2009. EPA will
publish a notice of availability of the
draft EIS in the Federal Register. The
comment period on the draft EIS will
extend 45 days from the date the EPA
notice appears in the Federal Register.
At that time, copies of the draft EIS will
be distributed to interested and affected
agencies, organizations, and members of
the public for their review and
comment. It is very important that those
interested in the management of the
Shasta-Trinity National Forest
participate at that time.
The final EIS is scheduled to be
completed in July 2009. In the final EIS,
the Forest Service will respond to
comments received during the comment
period that are: within the scope of the
proposed action; specific to the
proposed action; have a direct
relationship to the proposed action; and
include supporting reasons for the
responsible official to consider.
Submission of comments in response to
the draft EIS is a prerequisite for
eligibility to appeal under the 36 CFR
part 215 regulations.
Comment Requested
This notice of intent initiates the
scoping process which guides the
development of the EIS.
Early Notice of Importance of Public
Participation in Subsequent
Environmental Review: A draft EIS will
be prepared for comment. The comment
period on the draft environmental
impact statement will be 45-days from
the date the EPA publishes the notice of
availability in the Federal Register.
At this early stage, it is important to
give reviewers notice of several court
rulings related to public participation in
the environmental review process.
First, reviewers of draft
Environmental impact statements must
structure their participation in the
environmental review of the proposal so
that it is meaningful and alerts an
agency to the reviewer’s position and
contentions. Vermont Yankee Nuclear
Power Corp. v. NRDC, 435 U.S. 519, 553
(1978). Also, environmental objections
that could be raised at the draft
environmental impact statement stage
but that are not raised until after
completion of the final environmental
impact statement may be waived or
dismissed by the courts. City of Angoon
v. Hodel, 803 F.2d 1016, 1022 (9th Cir.
1986) and Wisconsin Heritages, Inc. v.
Harris, 490 F. Supp. 1334, 1338 (E.D.
Wis. 1980). Because of these court
rulings, it is very important that those
interested in this proposed action
VerDate Aug<31>2005
17:25 Aug 07, 2008
Jkt 214001
participate by the close of the 45-day
comment period so that comments and
objections are made available to the
Forest Service at a time when it can
meaningfully consider them and
respond to them in the final EIS.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft EIS should be as
specific as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft EIS. Comments
may also address the adequacy of the
draft EIS or the merits of the alternatives
formulated and discussed in the
statement. Reviewers may wish to refer
to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection.
(Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21)
Dated: July 28, 2008.
J. Sharon Heywood,
Forest Supervisor.
[FR Doc. E8–17995 Filed 8–7–08; 8:45 am]
BILLING CODE 3410–11–M
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AC54
Sensitive Species and Endangered
Species Act Section 7 Consultation
Policy for National Forest System Land
Management Planning Under the 2008
Planning Rule
Forest Service, USDA.
Notice of issuance of interim
directive; request for comment.
AGENCY:
ACTION:
SUMMARY: The Forest Service has issued
an interim directive (ID) 2670–2008–1 to
the Forest Service Manual 2670,
sections 45 and 46, to clarify sensitive
species and Endangered Species Act
policy responsibilities of Forest
Supervisors and District Rangers when
developing, amending, or revising Land
Management Plans (LMPs) under the
2008 Planning Rule, or carrying out
projects and activities consistent with
those LMPs (36 CFR part 219).
DATES: This Interim Directive is
effective August 8, 2008. Comments
must be received in writing by
September 8, 2008.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Send written comments to:
Forest Service, USDA, Attn: Director
Wildlife, Fish, Watershed, Air and Rare
Plants, Mail Stop 1121, Washington, DC
20250–1125. Comments may also be
e-mailed to: 2670_comments@fs.fed.us.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. Persons
wishing to inspect the comments are
encouraged to call ahead, contacting
Wayne Owen, 202–205–1262.
FOR FURTHER INFORMATION CONTACT:
Marc Bosch, Wildlife, Fish, Watershed,
Air and Rare Plants Staff, (202) 205–
1220. The ID 2670–2008–01 is available
electronically from the Forest Service
via the World Wide Web/Internet at
https://www.fs.fed.us/im/directives and
in this notice. Single paper copies of the
amendment are also available by
contacting Marc Bosch, Threatened,
Endangered, and Sensitive Species
National Program Leader, Wildlife, Fish,
Watershed, Air and Rare Plants Staff,
(Mail Stop 1121), Forest Service, 1400
Independence Avenue, SW.,
Washington, DC 20250–1121.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: This
interim directive (ID) clarifies the
responsibilities of Forest Supervisors
when developing, amending, or revising
Land Management Plans (LMPs) under
the 2008 Planning Rule. This ID also
clarifies responsibilities of Forest
Supervisors and District Rangers when
approving projects and activities
consistent with those (36 CFR part 219).
The intended effect of issuing this
interim directive is to provide guidance
to those Forest Service line officers and
other agency employees who are
developing and revising LMP’s under
the 2008 Planning Rule regarding
sensitive species and Endangered
Species Act policy responsibilities.
Because of pending LMP revisions, and
to align agency policy with statutory
and regulatory responsibilities, there is
an immediate need to supersede the
existing Forest Service Manual
regarding policies that apply to such
revisions. Public comments on this
interim direction will be considered in
the development of final direction. A
comprehensive review of the entire FMS
2670 chapter is being done, and further
changes may result from that separate
effort.
The ID clarifies proper consideration
of Forest Service manual direction for
ADDRESSES:
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices
sensitive species to reflect and align
with the direction for forest plans to be
completed under the 2008 Planning
Rule. The species diversity component
of the framework for ecological
sustainability under the 2008 Planning
Rule uses species of concern (SOC) and
species of interest (SOI) to address the
diversity requirements in the National
Forest Management Act. Species
conservation using SOC and SOI is an
integral part of the forest planning
process for Ecosystem Diversity and
Species Diversity and replaces the need
for sensitive species.
FSM 2670 chapter concerning
sensitive species remains unchanged for
LMPs not developed, amended, or
revised under the 2008 Planning Rule
and for approving projects and activities
consistent with those LMPs.
The ID also describes changes needed
because the framework for ecological
sustainability established under the
2008 Planning Rule makes a biological
evaluation for an LMP developed,
amended or revised under the 2008
Planning Rule contingent on whether
the LMP will have effects on listed
species or designated critical habitat
under the Endangered Species Act
(ESA).
Responsibilities remain unchanged
for conducting ESA section 7(a)(2)
consultation for projects and activities
that are consistent with the relevant
LMP.
Regulatory Planning and Review
Environmental Impact
pwalker on PROD1PC71 with NOTICES
Regulatory Certifications
This proposed interim directive has
been reviewed under USDA procedures
and Executive Order 12866, amended by
Executive Order 13422, Regulatory
Planning and Review. It has been
determined that this is not a significant
policy. This policy to clarify agency
direction 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 policy would not
interfere with an action taken or
planned by another agency nor raise
new legal or policy issues. Finally, this
action would not alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients of such
programs. Accordingly, this policy is
not subject to Office of Management and
Budget review under Executive Order
12866.
Moreover, this proposed policy has
been considered in light of Executive
Order 13272 regarding proper
consideration of small entities and the
Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), which
amended the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). An initial small
entities flexibility assessment has been
made and it has been determined that
this action will not have a significant
economic impact on a substantial
number of small entities as defined by
SBREFA.
Unfunded Mandates
This proposed interim directive to
Forest Service Manual 2670 clarifies
sensitive species and Endangered
Species Act policy responsibilities of
Forest Supervisors and District Rangers
when developing, amending or revising
Land Management Plans under the 2008
Planning Rule, or for carrying out
projects and activities consistent with
those LMPs (36 CFR part 219). Section
31.1b of FSH 1909.15 (57 FR 43180,
September 18, 1992) excludes from
documentation in an environmental
assessment or impact statement ‘‘rules,
regulations, or policies to establish
servicewide administrative procedures,
program processes, or instructions.’’ The
agency’s preliminary assessment is that
this interim action falls within this
category of actions, and that no
extraordinary circumstances exist as
currently defined which would require
preparation of an environmental impact
statement or environmental assessment.
A final determination will be made
upon adoption of the final directive.
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the agency
has assessed the effects of this action on
State, local, and tribal governments and
the private sector. This action would not
compel the expenditure of $100 million
or more by any State, local, or tribal
government or anyone in the private
sector. Therefore, a statement under
section 202 of the act is not required.
VerDate Aug<31>2005
17:25 Aug 07, 2008
Jkt 214001
Controlling Paperwork Burdens on the
Public
This interim directive does not
contain any additional record-keeping
or reporting requirements associated
with the special uses program or other
information collection requirements as
defined in 5 CFR part 1320 that are not
already required by law or not already
approved for use. Accordingly, the
review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and its implementing
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
46243
regulations at 5 CFR part 1320 do not
apply.
Dated: July 3, 2008.
Gloria Manning,
Associate Deputy Chief for National Forest
Systems.
Specific changes to the manual text
include adding new paragraphs 7 and 8
to section 2670.45 and adding new
paragraph 6 to section 2670.46.
2670.45—Forest Supervisors
7. When developing, amending or
revising Land Management Plans (LMP)
under the 2008 Planning Rule (36 CFR
part 219; see also FSM 1921.73, and
FSH 1909.12) and approving a project of
activity consistent with those LMPs, do
not apply guidance contained in this
chapter (FSM 2670) that pertains to
sensitive species.
8. Approval of an LMP, amendment,
or revision developed under the 2008
Planning Rule is an action that typically
will have no effect on listed species or
designated critical habitat under the
Endangered Species Act (ESA).
However, an LMP, amendment or
revision is itself not an action within the
meaning of the ESA. Do not apply
guidance contained in this chapter
(FSM 2670) that pertains to conducting
a biological assessment unless the LMP,
amendment, or revision may have an
effect on threatened or endangered
species or is likely to jeopardize the
continued existence of a proposed
species, or will result in the destruction
or adverse modification of designated or
proposed critical habitat (FSM 2670.31).
Collaboration with the Fish and Wildlife
Service and NOAA Fisheries under
section 7(a)(1) on the LMP for the
conservation of endangered and
threatened species is appropriate.
Continue coordination of projects and
activities with state and federal
agencies, groups, and individuals
interested in species diversity. When
developing and approving projects or
activities, ensure they are consistent
with LMP components for ecosystem
and species diversity, species-ofconcern and/or species-of-interest.
2670.46—District Rangers
6. When developing and approving
projects or activities consistent with an
LMP developed, amended or revised
under the 2008 Planning Rule (36 CFR
part 219; see also FSM 1921.73 and FSH
1909.12), do not apply guidance
contained in this chapter (FSM 2670)
that pertains to sensitive species.
Continue coordination of projects and
activities with state and federal
agencies, groups, and individuals
interested in species diversity. When
E:\FR\FM\08AUN1.SGM
08AUN1
46244
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
products and services to the
Government.
2. The action will result in
authorizing small entities to furnish the
products and services to the
Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the products and
services proposed for addition to the
Procurement List.
Procurement List; Additions
End of Certification
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to the Procurement
List.
Accordingly, the following products
and services are added to the
Procurement List:
developing and approving projects or
activities, ensure they are consistent
with LMP components for ecosystem
and species diversity, species-ofconcern and/or species-of-interest.
[FR Doc. E8–18283 Filed 8–7–08; 8:45 am]
BILLING CODE 3410–11–P
AGENCY:
This action adds to the
Procurement List products and services
to be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
DATES: Effective Date: September 7,
2008.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
FOR FURTHER INFORMATION CONTACT:
Kimberly M. Zeich, Telephone: (703)
603–7740, Fax: (703) 603–0655, or
e-mail CMTEFedReg@jwod.gov.
SUPPLEMENTARY INFORMATION: The
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice on May 9 (73 FR
26362), June 6 (73 FR 32286), June 16
(73 FR 33972) and June 20, 2008 (73 FR
35118) of proposed additions to the
Procurement List.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the products and services and impact of
the additions on the current or most
recent contractors, the Committee has
determined that the products and
services listed below are suitable for
procurement by the Federal Government
under 41 U.S.C. 46–48c and 41 CFR 51–
2.4.
pwalker on PROD1PC71 with NOTICES
SUMMARY:
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organizations that will furnish the
VerDate Aug<31>2005
17:25 Aug 07, 2008
Jkt 214001
Products
Aircraft Assembly Parts
NSN: 1560–00–870–1656—Cover Access,
NSN: 1560–00–875–6001—Support,
Structural,
NSN: 1560–01–114–0870—Bracket
Assembly,
NSN: 1560–01–153–9682—Weather Strip,
NSN: 5365–00–159–3781—Shim,
NSN: 5365–00–159–3792—Shim.
NPA: The Lighthouse for the Blind, Inc.
(Seattle Lighthouse), Seattle, WA.
Coverage: C-List for the requirement of the
Defense Supply Center Richmond,
Richmond, VA.
Contracting Activity: Defense Supply Center
Richmond, Richmond, VA.
Dispenser, Tape
NSN: 7520–00–NIB–1882—Package Sealing.
NPA: Cincinnati Association for the Blind,
Cincinnati, OH.
Coverage: A-List for the total Government
requirements as specified by the General
Services Administration.
SKILCRAFT Bath & Shower Scrubber & Refill
NSN: M.R. 1101—SKILCRAFT Bath &
Shower Scrubber,
NSN: M.R. 1102—SKILCRAFT Bath &
Shower Scrubber (Refill).
NPA: Industries for the Blind, Inc., West
Allis, WI.
Contracting Activity: Defense Commissary
Agency (DeCA), Fort Lee, VA.
Sponge, Cellulose Heavy Duty Scrubber
NSN: 7920–00–NIB–0466.
NPA: Mississippi Industries for the Blind,
Jackson, MS.
Coverage: B-List for the broad Government
requirements as specified by the General
Services Administration.
Contracting Activity: General Services
Administration, Southwest Supply
Center, Fort Worth, TX.
Portfolio, Clear Front Report Cover w/Prongs
NSN: 7510–00–NIB–0811—Black with
prongs,
NSN: 7510–00–NIB–0812—Light Blue with
prongs,
NSN: 7510–00–NIB–0813—Red with prongs,
NSN: 7510–00–NIB–0814—Dark Green with
prongs.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
NPA: Susquehanna Association for the Blind
and Visually Impaired, Lancaster, PA.
Coverage: A-List for the total Government
requirements as specified by the General
Services Administration.
Services
Service Type/Location: Administrative
Support Services, Caribbean National
Forest, El Portal Rain Forest Center, Rio
Grande, PR.
NPA: The Corporate Source, Inc., New York,
NY.
Contracting Activity: U.S. Department of
Agriculture, Forest Service Cherokee,
National Forests—Tennessee, Cleveland,
TN.
Service Type/Location: Base Supply Center,
Naval Surface Warfare Center, Crane
Division, Crane, IN.
NPA: L.C. Industries For The Blind, Inc.,
Durham, NC.
Contracting Activity: Fleet and Industrial
Supply Center (FISC), Norfolk, VA.
Service Type/Location: Custodial Services,
Senate Employee Child Care Center, 321
Massachusetts Avenue, NE., Washington,
DC.
NPA: Melwood Horticultural Training
Center, Upper Marlboro, MD.
Contracting Activity: The Architect of the
Capitol, AOC Procurement Division,
Washington, DC.
Service Type/Location: Document
Destruction, U.S. Army Corps of
Engineers (USACE), Albuquerque
District, 4101 Jefferson Plaza, NE.,
Albuquerque, NM.
NPA: Adelante Development Center, Inc.,
Albuquerque, NM.
Contracting Activity: U.S. Army Corps of
Engineers, Albuquerque, NM.
Service Type/Location: Document
Destruction, U.S. Army Corps of
Engineers (USACE), Albuquerque
District, 4101 Jefferson Plaza, NE.,
Albuquerque, NM.
NPA: Adelante Development Center, Inc.,
Albuquerque, NM.
Contracting Activity: U.S. Army Corps of
Engineers, Albuquerque, NM.
Service Type/Location: Hospital
Housekeeping Services, Baltimore VA
Medical Center, 10 North Green Street,
Baltimore, MD.
NPA: Lakeview Center, Inc., Pensacola, FL.
Contracting Activity: Veterans Affairs
Maryland Health Care System,
Baltimore, MD.
Service Type/Location(s):
Laundry Services, Clement J. Zablocki
Veterans Affairs Medical Center, 5000
West National Avenue, Milwaukee, WI.
Laundry Services, North Chicago Veterans
Affairs Medical Center, 3001 Green Bay
Road, North Chicago, IL.
NPA: Goodwill Industries of Southeastern
Wisconsin, Inc., Milwaukee, WI.
Contracting Activity: Department of Veterans
Affairs, Great Lakes Network—Contract
Service Center, Milwaukee, WI.
Service Type/Location: MailRoom
Operations, Fort Knox, Fort Knox, KY.
NPA: Employment Source, Inc., Fayetteville,
NC.
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Pages 46242-46244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18283]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC54
Sensitive Species and Endangered Species Act Section 7
Consultation Policy for National Forest System Land Management Planning
Under the 2008 Planning Rule
AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of interim directive; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service has issued an interim directive (ID) 2670-
2008-1 to the Forest Service Manual 2670, sections 45 and 46, to
clarify sensitive species and Endangered Species Act policy
responsibilities of Forest Supervisors and District Rangers when
developing, amending, or revising Land Management Plans (LMPs) under
the 2008 Planning Rule, or carrying out projects and activities
consistent with those LMPs (36 CFR part 219).
DATES: This Interim Directive is effective August 8, 2008. Comments
must be received in writing by September 8, 2008.
ADDRESSES: Send written comments to: Forest Service, USDA, Attn:
Director Wildlife, Fish, Watershed, Air and Rare Plants, Mail Stop
1121, Washington, DC 20250-1125. Comments may also be e-mailed to:
2670_comments@fs.fed.us.
All comments, including names and addresses when provided, are
placed in the record and are available for public inspection and
copying. Persons wishing to inspect the comments are encouraged to call
ahead, contacting Wayne Owen, 202-205-1262.
FOR FURTHER INFORMATION CONTACT: Marc Bosch, Wildlife, Fish, Watershed,
Air and Rare Plants Staff, (202) 205-1220. The ID 2670-2008-01 is
available electronically from the Forest Service via the World Wide
Web/Internet at https://www.fs.fed.us/im/directives and in this notice.
Single paper copies of the amendment are also available by contacting
Marc Bosch, Threatened, Endangered, and Sensitive Species National
Program Leader, Wildlife, Fish, Watershed, Air and Rare Plants Staff,
(Mail Stop 1121), Forest Service, 1400 Independence Avenue, SW.,
Washington, DC 20250-1121.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: This interim directive (ID) clarifies the
responsibilities of Forest Supervisors when developing, amending, or
revising Land Management Plans (LMPs) under the 2008 Planning Rule.
This ID also clarifies responsibilities of Forest Supervisors and
District Rangers when approving projects and activities consistent with
those (36 CFR part 219).
The intended effect of issuing this interim directive is to provide
guidance to those Forest Service line officers and other agency
employees who are developing and revising LMP's under the 2008 Planning
Rule regarding sensitive species and Endangered Species Act policy
responsibilities. Because of pending LMP revisions, and to align agency
policy with statutory and regulatory responsibilities, there is an
immediate need to supersede the existing Forest Service Manual
regarding policies that apply to such revisions. Public comments on
this interim direction will be considered in the development of final
direction. A comprehensive review of the entire FMS 2670 chapter is
being done, and further changes may result from that separate effort.
The ID clarifies proper consideration of Forest Service manual
direction for
[[Page 46243]]
sensitive species to reflect and align with the direction for forest
plans to be completed under the 2008 Planning Rule. The species
diversity component of the framework for ecological sustainability
under the 2008 Planning Rule uses species of concern (SOC) and species
of interest (SOI) to address the diversity requirements in the National
Forest Management Act. Species conservation using SOC and SOI is an
integral part of the forest planning process for Ecosystem Diversity
and Species Diversity and replaces the need for sensitive species.
FSM 2670 chapter concerning sensitive species remains unchanged for
LMPs not developed, amended, or revised under the 2008 Planning Rule
and for approving projects and activities consistent with those LMPs.
The ID also describes changes needed because the framework for
ecological sustainability established under the 2008 Planning Rule
makes a biological evaluation for an LMP developed, amended or revised
under the 2008 Planning Rule contingent on whether the LMP will have
effects on listed species or designated critical habitat under the
Endangered Species Act (ESA).
Responsibilities remain unchanged for conducting ESA section
7(a)(2) consultation for projects and activities that are consistent
with the relevant LMP.
Regulatory Certifications
Environmental Impact
This proposed interim directive to Forest Service Manual 2670
clarifies sensitive species and Endangered Species Act policy
responsibilities of Forest Supervisors and District Rangers when
developing, amending or revising Land Management Plans under the 2008
Planning Rule, or for carrying out projects and activities consistent
with those LMPs (36 CFR part 219). Section 31.1b of FSH 1909.15 (57 FR
43180, September 18, 1992) excludes from documentation in an
environmental assessment or impact statement ``rules, regulations, or
policies to establish servicewide administrative procedures, program
processes, or instructions.'' The agency's preliminary assessment is
that this interim action falls within this category of actions, and
that no extraordinary circumstances exist as currently defined which
would require preparation of an environmental impact statement or
environmental assessment. A final determination will be made upon
adoption of the final directive.
Regulatory Planning and Review
This proposed interim directive has been reviewed under USDA
procedures and Executive Order 12866, amended by Executive Order 13422,
Regulatory Planning and Review. It has been determined that this is not
a significant policy. This policy to clarify agency direction 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 policy
would not interfere with an action taken or planned by another agency
nor raise new legal or policy issues. Finally, this action would not
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients of such programs.
Accordingly, this policy is not subject to Office of Management and
Budget review under Executive Order 12866.
Moreover, this proposed policy has been considered in light of
Executive Order 13272 regarding proper consideration of small entities
and the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), which amended the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). An initial small entities flexibility assessment has been made
and it has been determined that this action will not have a significant
economic impact on a substantial number of small entities as defined by
SBREFA.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this action on State,
local, and tribal governments and the private sector. This action would
not compel the expenditure of $100 million or more by any State, local,
or tribal government or anyone in the private sector. Therefore, a
statement under section 202 of the act is not required.
Controlling Paperwork Burdens on the Public
This interim directive does not contain any additional record-
keeping or reporting requirements associated with the special uses
program or other information collection requirements as defined in 5
CFR part 1320 that are not already required by law or not already
approved for use. Accordingly, the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing
regulations at 5 CFR part 1320 do not apply.
Dated: July 3, 2008.
Gloria Manning,
Associate Deputy Chief for National Forest Systems.
Specific changes to the manual text include adding new paragraphs 7
and 8 to section 2670.45 and adding new paragraph 6 to section 2670.46.
2670.45--Forest Supervisors
7. When developing, amending or revising Land Management Plans
(LMP) under the 2008 Planning Rule (36 CFR part 219; see also FSM
1921.73, and FSH 1909.12) and approving a project of activity
consistent with those LMPs, do not apply guidance contained in this
chapter (FSM 2670) that pertains to sensitive species.
8. Approval of an LMP, amendment, or revision developed under the
2008 Planning Rule is an action that typically will have no effect on
listed species or designated critical habitat under the Endangered
Species Act (ESA). However, an LMP, amendment or revision is itself not
an action within the meaning of the ESA. Do not apply guidance
contained in this chapter (FSM 2670) that pertains to conducting a
biological assessment unless the LMP, amendment, or revision may have
an effect on threatened or endangered species or is likely to
jeopardize the continued existence of a proposed species, or will
result in the destruction or adverse modification of designated or
proposed critical habitat (FSM 2670.31). Collaboration with the Fish
and Wildlife Service and NOAA Fisheries under section 7(a)(1) on the
LMP for the conservation of endangered and threatened species is
appropriate. Continue coordination of projects and activities with
state and federal agencies, groups, and individuals interested in
species diversity. When developing and approving projects or
activities, ensure they are consistent with LMP components for
ecosystem and species diversity, species-of-concern and/or species-of-
interest.
2670.46--District Rangers
6. When developing and approving projects or activities consistent
with an LMP developed, amended or revised under the 2008 Planning Rule
(36 CFR part 219; see also FSM 1921.73 and FSH 1909.12), do not apply
guidance contained in this chapter (FSM 2670) that pertains to
sensitive species. Continue coordination of projects and activities
with state and federal agencies, groups, and individuals interested in
species diversity. When
[[Page 46244]]
developing and approving projects or activities, ensure they are
consistent with LMP components for ecosystem and species diversity,
species-of-concern and/or species-of-interest.
[FR Doc. E8-18283 Filed 8-7-08; 8:45 am]
BILLING CODE 3410-11-P