Forest Certification and Its Implications for America's National Forests, 53820-53823 [E8-21611]
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
terminate before the end of 2008 and 18
have termination dates in 2009. Six of
the 46 contracts have current
termination dates of December 31, 2013
or later. Contracts with termination
dates after December 31, 2013 are not
eligible for relief under this SOPI.16
Therefore, up to 40 timber sales could
benefit from using MRCTA to extend
contract length beyond 10 years. While
this number is not large, the Secretary
of Agriculture agrees with Senator
Allard’s observation that forcing those
sales to be operated in the current
market situation could hasten the loss of
infrastructure needed by the Forest
Service to perform its mission.
Extending these sales and other sales
allows purchasers to delay harvest of
green timber while harvesting damaged
timber.
Purchasers of the 40 sales potentially
eligible for relief under this SOPI face
the same market conditions as
purchasers eligible for the additional
MRCTA time authorized by the Farm
Bill. Further, some of these green timber
sales have been delayed as a result of
the Forest Service requesting that the
purchasers harvest salvage timber
instead. Without this SOPI, many of
these purchasers may be forced to
harvest sales that are uneconomical or
may face default if their contracts can’t
be extended. An indication of the
economic problems facing existing
green sales is that over 360 applications
have been made for a rate
redetermination under the Farm Bill.
These applications show how much the
market has changed over the past few
years and that without some economic
or time-frame relief, older green timber
sales can not be harvested economically.
The 2006 and 2007 SOPI
determinations and section 8401 of the
Farm Bill provided relief options for
most National Forest System timber sale
contracts suffering under the ongoing
drastic decline in forest product
markets. The principal exceptions are
the contracts ineligible for additional
MRCTA time because of the ten-year
limit on total contract length.
Therefore, pursuant to 16 U.S.C.
472a(c) of NFMA, and the authority
delegated to me at 7 CFR 2.20, I, Mark
E. Rey, Under Secretary of Agriculture
for Natural Resources and Environment,
have determined that the substantial
overriding public interest justifies the
use of MRCTA to extend beyond 10
years certain existing green timber sale
contracts awarded prior to January 1,
2007, that are tied to Softwood Lumber
16 At this time, the softwood lumber is expected
to recover sufficiently by December 31, 2013.
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index #0811 and the Hardwood Lumber
index #0812.
MRCTA relief granted pursuant to this
SOPI must be made in accordance with
36 CFR 223.52, subject to the following
exceptions:
(a) Notwithstanding 36 CFR
223.52(c)(3), up to 4 years may be added
to a contract’s length by market-related
contract term addition;
(b) Notwithstanding 36 CFR
223.52(c)(4), the revised contract term
may exceed 10 years; and
(c) No contract’s termination date
shall be set past December 31, 2013.
Periodic payments shall be adjusted
pursuant to 36 CFR 223.52(d).
The following types of contracts are
not eligible for relief under this SOPI:
(1) Contracts the Forest Service
determines are in urgent need of harvest
for reasons including, but not limited to,
deteriorating timber conditions or
public safety, and (2) contracts that are
in breach.
To be considered for additional
MRCTA time under this SOPI, eligible
purchasers must make a written request
to the Contracting Officer. The timber
purchaser must also agree to release the
United States from all liability resulting
from (1) any relief provided by this
SOPI, and (2) a decision by the Forest
Service not to provide relief under this
SOPI.
Dated: September 10, 2008.
Mark Rey,
Under Secretary, NRE.
[FR Doc. E8–21613 Filed 9–16–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Forest Certification and Its
Implications for America’s National
Forests
Forest Service, USDA.
Notice; request for comment.
AGENCY:
ACTION:
SUMMARY: The USDA, Forest Service is
seeking comments on forest certification
and its implications for America’s
national forests. This Federal Register
notice is to serve as a formal public
solicitation of views on the question of
National Forest System certification and
its implications, if national forest lands
were to become certified under one or
both of the two major certification
systems being used in the United States.
The U.S. Forest Service, which manages
193 million acres, or approximately
eight percent of the nation’s land,
believes that it is important to better
understand the implications of third-
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party certification of National Forest
System (NFS) lands and, in 2005, began
exploring independent, third party
certification as a potential option. To
this end, the Forest Service initiated the
National Forest Certification Study,
which resulted in the report, ‘‘National
Forest Certification Study: An
Evaluation of the Application of Forest
Stewardship Council (FSC) and
Sustainable Forestry Initiative (SFI)
Standards on Five National Forests.’’
This report documents the study in
which third-party auditors evaluated
current forest management practices on
five national forest units using the
existing certification standards of two
certification programs, Sustainable
Forestry Initiative (SFI) and Forest
Stewardship Council (FSC).
Recognizing that the Forest Service
has not decided whether it will seek
certification, public outreach and
discussion is requested to obtain public
and stakeholder views on the National
Forest Certification Study and its
associated report, as well as the
potential implications of NFS
certification in general before
determining how to proceed.
In addition to comments on the
National Forest Certification Study, the
Forest Service is particularly interested
in public views on the following
questions:
1. What are your general views on the
implications of independent, third party
certification of NFS lands?
2. Would certification improve the
management of national forests?
3. Could certification make it more
difficult to achieve national forest
management goals?
4. What questions would certification
be able to answer, and what needs
would it be able to meet, on national
forest lands?
5. Are there key questions or needs
that certification would be unable or
poorly suited to address?
6. Would independent, third party
certification be an appropriate or
effective tool, given the unique role of
national forests? Or, because of that
unique role, would certification be
particularly inappropriate or
ineffective?
Detailed information about the NFS
Certification Study is available on the
following Web site: https://
www.fs.fed.us/projects/
forestcertification/index.shtml.
DATES: Comments must be received, in
writing, on or before November 17,
2008. Comments received after that date
will be considered to the extent
praticable.
ADDRESSES: Comments concerning this
notice should be addressed to Doug
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MacCleery, USDA Forest Service (FM),
201 14th St. SW., Mailstop: 1103,
Washington, DC 20024. Comments may
also be sent via e-mail to
dmaccleery@fs.fed.us, or via facsimile to
(202) 205–1045.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at the above
address. Visitors are encouraged to call
ahead to (202) 205–1745 to facilitate
entry to the building.
FOR FURTHER INFORMATION CONTACT:
Doug MacCleery, Forest Management,
(202) 205–1745, dmaccleery@fs.fed.us.
Additional information concerning
Forest Service certification may be
obtained on the Internet at https://
www.fs.fed.us/projects/
forestcertification/index.shtml.
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:
Independent, third-party certification is
one of the most significant
developments in the field of forest
management in the last two decades. Its
use has expanded dramatically as the
public and consumers have increased
their interest in practical ways to ensure
that good management practices are
being applied to forests both
domestically and around the world.
Certified area has expanded to an
estimated 7% of forests globally. In the
U.S., the area of forests certified by the
Sustainable Forestry Initiative (SFI) and
the Forest Stewardship Council (FSC)
has increased from virtually none in
1998 to over 60 million acres today.
About 14 million acres of state-owned
lands have been certified, in most cases
to both FSC and SFI standards.
In the United States, certification was
first applied to private lands. Due to the
perceived benefits of the process, public
lands are now becoming involved as
well. Eight state forest systems in the
U.S. are now certified. Some State
forestry officials believe that
certification has served to improve the
quality of forestry management and to
affirm their commitment to accepted
standards of good forest management.
Many believe that the certification
process has been more about public
accountability than providing certified
wood to the marketplace.
Certifying National Forest System
lands has been debated for several years.
It is a sensitive and complex issue,
perhaps more so for the NFS than any
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other type of ownership in the U.S.
National Forest System planning is
exceedingly complex and management
practices and objectives are closely
scrutinized by both the public and U.S.
Courts. The Forest Service is currently
assessing the value and implications of
certification for the NFS.
National Forest Certification Study
In 2005, in order to evaluate the
implications of national forest
certification, the U.S. Forest Service
initiated a formal study of the issue.
Independent third-party certification
indicates certification to standards
derived by a group external to the
organization being audited. Under this
study, independent third-party auditors
evaluated current forest management
practices on five national forest units
using the existing certification standards
of two certification programs,
Sustainable Forestry Initiative (SFI) and
Forest Stewardship Council (FSC). FSC
certification standards and related
information can be viewed at: https://
www.fscus.org. The SFI Web site is at:
https://www.sfiprogram.org.
On October 22, 2007, ‘‘National Forest
Certification Study: An Evaluation of
the Application of Forest Stewardship
Council (FSC) and Sustainable Forestry
Initiative (SFI) Standards on Five
National Forests’’ was released. This
report, produced by the Pinchot
Institute for Conservation (PIC),
summarizes and discusses the five
third-party evaluations and captures
lessons learned through a review of
participant experiences.
The study was designed to:
1. Evaluate the potential implications
of third-party certification of national
forests and grasslands,
2. Provide a better understanding of
how national forest management
practices align with FSC and SFI
standards, and
3. Study the lessons learned as a basis
for determining what policy and
management direction may be needed in
the event forest certification were
pursued in the future.
Actual certification by FSC or SFI was
outside the scope of these evaluations
and was not a possible outcome on any
of the study units. Nor did the FSC or
SFI participate directly in the study.
However, this study provided the Forest
Service with a valuable opportunity to
examine the consistency of current
national forest resource management
activities with the requirements of the
two major forest certification programs
now operating in the U.S. This was the
first time national forest management
had been evaluated with reference to the
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standards of such certification
programs.
Participating Units
The National Forest System (NFS)
management units evaluated were the:
• Allegheny National Forest (ANF) in
Pennsylvania.
• Lakeview Federal Stewardship Unit
(LFSU) on the Fremont-Winema
National Forest in Oregon.
• Chequamegon-Nicolet National
Forest (CNNF) in Wisconsin.
• Mt. Hood National Forest (MHNF)
in Oregon.
• National Forests in Florida (NFF).
Role of the Pinchot Institute for
Conservation
The Pinchot Institute for Conservation
(PIC), which carried out this study, is an
independent nonprofit research and
education organization dedicated to
investigating new approaches to forest
conservation and has carried out
certification tests in a variety of settings.
The Institute investigated the
implications of certification on stateowned, private, tribal, and university
forest lands. For this project the
Institute:
• Worked to secure funding for the
certification evaluations.
• Contracted with accredited, thirdparty auditors.
• Provided coordination between the
Forest Service and auditors.
• Reviewed and evaluated the
auditors’ reports.
• Interviewed those involved in the
certification evaluations to assess their
views as to potential benefits and
detriments/costs of the process.
• Prepared the study findings, results,
and a lessons learned report.
Study Scope and Conduct
The national forest certification
evaluations were designed to closely
approximate the process that a national
forest would undergo were it actually
seeking certification. The audit firms
were required to be fully accredited to
carry out FSC and SFI certification
audits and to use the same approach
they would for an actual certification
assessment. The study unit national
forests addressed FSC and SFI
requirements as set forth in standards
applicable to private, State-owned and
Department of Defense and Department
of Energy (DOD–DOE) lands in the U.S.
All certification evaluations were the
functional equivalents of major, broadbased management reviews of all
aspects of national forest management.
The FSC and SFI evaluation reports of
the five national forests read like other
certification assessment reports. They
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include a summary of the management
setting, stakeholder feedback, findings
of performance gaps or nonconformances (major and minor), and
issuance of Corrective Action Requests.
Performance Against FSC and SFI
Standards Used in the Study
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Auditors found many situations
where practices on the units evaluated
demonstrated good overall conformance
with most of the FSC and SFI standards
currently being applied to private and
State-owned and DOD–DOE lands in the
U.S.
Examples included:
• Forest planning and operations.
• Inpact assessments.
• Stakeholder consultation.
• Coordination with First Nations.
• Extent of reserves.
• Protection of threatened and
endangered species.
• Control of invasives and exotics.
The auditors did cite a number of
areas where the Forest Service is not
meeting the FSC or SFI certification
standards used in the study.
Performance gaps on one or more study
units included:
• Forest health issues arising from the
backlog of management activities.
• A backlog of road maintenance and
decommissioning.
• Inadequate monitoring of nontimber forest products.
• Issues with old-growth protection
and management on two study national
forests.
• Inadequate attention to logger
safety.
• Operation under outdated
management plans.
• Inadequate attention to off highway
management issues and their
enviornmental effects.
• Difficulty in dealing with oil and
gas leases not controlled by the Federal
Government on one study unit (split
estate).
Some performance gaps are minor and
do not preclude certification if they can
be remedied within a given time period
after a certificate is issued. Other gaps
are major and would preclude FSC or
SFI certification until mechanisms are
put into place to address them. Auditors
also issue observations or note
opportunities for improvement that
suggest things that may improve
compliance with standards.
Feedback From Forest Service Staff
Involved in the Study
The geographic representation of the
study on unit national forests provided
an opportunity to test certification in
different NFS settings. Each
participating forest faces similar
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agencywide challenges (limited
resources and overextended staff,
appeals and litigation) and yet is faced
with its own ecological and
socioeconomic issues.
Most of the NFS study coordinators
(the Forest Service point person for the
study on each forest) felt that the
certification programs impose
requirements that are relevant to
determining whether a forest is meeting
its management objectives and
improving their management practices
over time. Forest staff indicated that
certification can be a valuable tool if
carried out in an effective manner that
does not impose an additional,
unsupported burden on staff and
resources.
Staff found the evaluations to be a
broad-based and comprehensive
review—often more so than the Forest
Service’s own targeted, internal audits,
of the many integrated management
activities occurring on the forest. To this
end, they were impressed with the wide
range of issues addressed by the
evaluations.
Coordinators also reported that the
FSC and SFI evaluations provided
positive, independent reinforcement of
their management activities while
identifying those areas where
improvements are needed. In many
cases, these identified improvements
were not unfamiliar to forest staff but
would not be addressed unless
additional funding and/or staff
resources were available. Participating
staff also recognized the value of third
parties communicating publicly on the
successes and difficulties of national
forest management, especially
difficulties arising from factors they feel
are ‘‘beyond their control.’’ In this
context, NFS study coordinators
identified Corrective Action Requests
that they felt would be difficult or
impossible to fix, and would likely need
to be addressed by the Forest Service
Washington Office.
Some Lessons Learned in the Study
The following is a summary of some
of the lessons learned in the study.
Lessons Pertinent to Individual National
Forests
• Management issues, challenges, and
certification assessment results will vary
from unit to unit.
• The certification assessments were
useful feedback mechanisms for
national forest personnel regarding their
management of the forest, and by
providing a more comprehensive and
integrative review than normal internal
audits, they complemented existing
management systems. Normally, a
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certification assessment would also help
determine whether a forest management
unit is meeting its own management
objectives, and would emphasize
improving management practices over
time.
• The assessments provided
opportunities beyond existing legal and
administrative requirements for interest
groups and stakeholders to provide
input regarding national forest
management.
• Outdated land and resource
management plans may prevent some
forests from meeting the requirements
set forth in certification standards,
which emphasizes a potentially broader
need for updating national forest
management systems.
• The lack in some cases of integrated
landscape planning involving adjacent
lands and landowners raised the issue
of the unique role of national forests
within the broader landscape, as well as
nationwide, and how certification
would take account of this role.
Lessons Pertinent to the National Forest
System
• Backlogs in road maintenance,
delays in silvicultural treatments, and
other problems in the implementation of
approved forest plans were often cited
as indicators of larger budgeting and
staffing issues outside the control of
individual national forests (in the hands
of Congress or the Administration).
• National forest staff time required to
participate in certification assessment
and reporting procedures varied
considerably from unit to unit but raised
issues of ‘unsupported’ budgetary
demands (not specifically covered by
existing funding levels).
• The fact that ownership and control
of sub-surface mineral rights may lie in
the hands of external parties raised
broader questions about how the Forest
Service would deal with such issues if
they impact forest management and the
ability of a forest unit to meet
certification standards.
• Inconsistencies between
certification standards and existing
National Forest System management,
planning and policy commitments
(Northwest Forest Plan, the definition of
Native American organizations as
sovereign entities, chemical use), raise
broader questions about the relationship
between private certification
organizations and federal land
management systems.
• Requirements in the SFI and FSC
standards that the Forest Service make
formal ‘commitments’ to the
certification programs raise questions
about how the agency could do this
organizationally and legally.
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Next Steps
Recognizing that the Forest Service
has not decided whether it will seek
certification, the following are relevant
considerations:
The FSC Federal Lands Policy
establishes three criteria to be met
before any new Federal land system
such as the NFS could seek certification.
In summary, the criteria are a willing
landowner (the Forest Service), a
determination that public consensus
exists regarding management of the
NFS, and the development of a set of
standards specific to each category of
Federal forestland (Forest Service,
Bureau of Land Management, etc.).
Because the Forest Service has not
determined whether it will seek
certification, FSC has not yet
determined whether, how or when they
will address these criteria for the Forest
Service.
SFI has indicated that it would
welcome NFS participation in SFI
certification. A landowner seeking SFI
certification must formally commit to
reporting and management measures
specific to the SFI Program. How and
whether the Forest Service could make
these commitments would also need to
be determined.
A public outreach effort is now
underway to obtain public and
stakeholder views on the outcomes of
the National Forest Certification Study
and the potential implications of NFS
certification in general. Once this effort
is completed, the Forest Service will
evaluate its options and determine how
to proceed.
Dated: September 10, 2008.
Charles L. Myers,
Associate Deputy Chief, NFS.
[FR Doc. E8–21611 Filed 9–16–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AC50
Final Directives for Forest Service
Outfitting and Guiding Special Use
Permits and Insurance Requirements
for Forest Service Special Use Permits
Forest Service, USDA.
Notice of final directives;
response to public comment.
AGENCY:
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ACTION:
SUMMARY: The Forest Service is revising
directives governing special use permits
for outfitting and guiding conducted on
National Forest System lands by
simplifying the application and
administrative process; establishing a
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flat land use fee for temporary use
permits; developing a process for
allocation of use on a first-come, firstserved or lottery basis for temporary use
permits to facilitate greater participation
in outfitting and guiding by youth,
educational, and religious groups;
offering the same terms and conditions
to educational and institutional permit
holders as offered to other types of
permit holders when they operate as a
business; and clarifying policy for
priority use permits governing
performance, inspections, and
allocation of use. In addition, the Forest
Service is revising the directives
governing insurance requirements for
Forest Service special use permits.
Public comment was considered in the
development of the final directives, and
a response to comments is included in
this notice.
DATES: Effective Date: These directives
are effective October 17, 2008.
ADDRESSES: The record for these final
directives is available for inspection at
the office of the Director, Recreation,
Heritage, and Volunteer Resources Staff,
USDA, Forest Service, 4th Floor Central,
Sidney R. Yates Federal Building, 1400
Independence Avenue, SW.,
Washington, DC, during regular
business hours (8:30 a.m. to 4 p.m.),
Monday through Friday, except
holidays. Those wishing to inspect these
documents are encouraged to call ahead
at (202) 205–1426 to facilitate access to
the building. Copies of documents in
the record may be requested under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Carolyn Holbrook, (202) 205–1426,
Recreation, Heritage, and Volunteer
Resources Staff.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Background and Need for the Final
Directives
2. Public Comments on the Proposed
Directives and Agency Responses
• Overview of Comments
• Response to General Comments
• Response to Comments on Specific
Sections of the Directives
FSH 2709.11, section 41.53
FSH 2709.11, section 37.21b
FSM 2713.1
• Response to Comments on Regulatory
Certifications in the Proposed Directives
3. Summary of Revisions to the Final
Directives
4. Regulatory Certifications for the Final
Directives
• Environmental Impact
• Regulatory Impact
• No Taking Implications
• Civil Justice Reform
• Federalism and Consultation and
Coordination with Indian Tribal
Governments
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53823
• Energy Effects
• Unfunded Mandates
• Controlling Paperwork Burdens on the
Public
5. Access to the Final Directives
1. Background and Need for the Final
Directives
Outfitting and guiding conducted on
National Forest System lands have
become one of the chief means for the
recreating public to experience the
outdoors. The Forest Service
administers approximately 5,000
outfitting and guiding permits,
authorizing activities ranging from
guided hunting and fishing trips to jeep
tours and outdoor leadership programs.
The agency anticipates that outfitting
and guiding will increase in importance
as the public’s desire for use of Federal
lands increases and as the agency
encourages use by increasingly diverse
and urban populations, many of whom
may lack the equipment and skills
necessary in the outdoors. Therefore,
agency policy needs to reflect the
public’s demand for services while
incorporating standard business
practices and sustaining the natural
environment in which these activities
occur.
Except for the revision to term length
for priority use permits (April 14, 2005,
70 FR 19727), outfitting and guiding
directives have remained relatively
unchanged since they were finalized in
1995. Since that time, proposed
legislation and field implementation of
current policy have shown the need for
updating the directives. The changes
adopted will be incorporated as
appropriate in the standard special use
permit for outfitting and guiding, form
FS–2700–4i, and other applicable forms.
In addition, the Forest Service is
updating direction on the minimum
amount of insurance coverage required
for special use permits generally,
including outfitting and guiding
permits.
2. Public Comments on the Proposed
Directives and Agency Responses
Overview of Comments
The proposed directives were
published in the Federal Register for
public notice and comment on October
19, 2007 (72 FR 59246). The Forest
Service received several requests for
extension of the comment period and
published two notices, each of which
extended the comment period (72 FR
71113; December 14, 2007, and 73 FR
8264; February 13, 2008). The comment
period closed on March 20, 2008.
The Forest Service received
approximately 480 comments on the
proposed directives. Respondents fell
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Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53820-53823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21611]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Forest Certification and Its Implications for America's National
Forests
AGENCY: Forest Service, USDA.
ACTION: Notice; request for comment.
-----------------------------------------------------------------------
SUMMARY: The USDA, Forest Service is seeking comments on forest
certification and its implications for America's national forests. This
Federal Register notice is to serve as a formal public solicitation of
views on the question of National Forest System certification and its
implications, if national forest lands were to become certified under
one or both of the two major certification systems being used in the
United States. The U.S. Forest Service, which manages 193 million
acres, or approximately eight percent of the nation's land, believes
that it is important to better understand the implications of third-
party certification of National Forest System (NFS) lands and, in 2005,
began exploring independent, third party certification as a potential
option. To this end, the Forest Service initiated the National Forest
Certification Study, which resulted in the report, ``National Forest
Certification Study: An Evaluation of the Application of Forest
Stewardship Council (FSC) and Sustainable Forestry Initiative (SFI)
Standards on Five National Forests.'' This report documents the study
in which third-party auditors evaluated current forest management
practices on five national forest units using the existing
certification standards of two certification programs, Sustainable
Forestry Initiative (SFI) and Forest Stewardship Council (FSC).
Recognizing that the Forest Service has not decided whether it will
seek certification, public outreach and discussion is requested to
obtain public and stakeholder views on the National Forest
Certification Study and its associated report, as well as the potential
implications of NFS certification in general before determining how to
proceed.
In addition to comments on the National Forest Certification Study,
the Forest Service is particularly interested in public views on the
following questions:
1. What are your general views on the implications of independent,
third party certification of NFS lands?
2. Would certification improve the management of national forests?
3. Could certification make it more difficult to achieve national
forest management goals?
4. What questions would certification be able to answer, and what
needs would it be able to meet, on national forest lands?
5. Are there key questions or needs that certification would be
unable or poorly suited to address?
6. Would independent, third party certification be an appropriate
or effective tool, given the unique role of national forests? Or,
because of that unique role, would certification be particularly
inappropriate or ineffective?
Detailed information about the NFS Certification Study is available
on the following Web site: https://www.fs.fed.us/projects/
forestcertification/index.shtml.
DATES: Comments must be received, in writing, on or before November 17,
2008. Comments received after that date will be considered to the
extent praticable.
ADDRESSES: Comments concerning this notice should be addressed to Doug
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MacCleery, USDA Forest Service (FM), 201 14th St. SW., Mailstop: 1103,
Washington, DC 20024. Comments may also be sent via e-mail to
dmaccleery@fs.fed.us, or via facsimile to (202) 205-1045.
All comments, including names and addresses when provided, are
placed in the record and are available for public inspection and
copying. The public may inspect comments received at the above address.
Visitors are encouraged to call ahead to (202) 205-1745 to facilitate
entry to the building.
FOR FURTHER INFORMATION CONTACT: Doug MacCleery, Forest Management,
(202) 205-1745, dmaccleery@fs.fed.us. Additional information concerning
Forest Service certification may be obtained on the Internet at https://
www.fs.fed.us/projects/forestcertification/index.shtml.
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: Independent, third-party certification is
one of the most significant developments in the field of forest
management in the last two decades. Its use has expanded dramatically
as the public and consumers have increased their interest in practical
ways to ensure that good management practices are being applied to
forests both domestically and around the world. Certified area has
expanded to an estimated 7% of forests globally. In the U.S., the area
of forests certified by the Sustainable Forestry Initiative (SFI) and
the Forest Stewardship Council (FSC) has increased from virtually none
in 1998 to over 60 million acres today. About 14 million acres of
state-owned lands have been certified, in most cases to both FSC and
SFI standards.
In the United States, certification was first applied to private
lands. Due to the perceived benefits of the process, public lands are
now becoming involved as well. Eight state forest systems in the U.S.
are now certified. Some State forestry officials believe that
certification has served to improve the quality of forestry management
and to affirm their commitment to accepted standards of good forest
management. Many believe that the certification process has been more
about public accountability than providing certified wood to the
marketplace.
Certifying National Forest System lands has been debated for
several years. It is a sensitive and complex issue, perhaps more so for
the NFS than any other type of ownership in the U.S. National Forest
System planning is exceedingly complex and management practices and
objectives are closely scrutinized by both the public and U.S. Courts.
The Forest Service is currently assessing the value and implications of
certification for the NFS.
National Forest Certification Study
In 2005, in order to evaluate the implications of national forest
certification, the U.S. Forest Service initiated a formal study of the
issue. Independent third-party certification indicates certification to
standards derived by a group external to the organization being
audited. Under this study, independent third-party auditors evaluated
current forest management practices on five national forest units using
the existing certification standards of two certification programs,
Sustainable Forestry Initiative (SFI) and Forest Stewardship Council
(FSC). FSC certification standards and related information can be
viewed at: https://www.fscus.org. The SFI Web site is at: https://
www.sfiprogram.org.
On October 22, 2007, ``National Forest Certification Study: An
Evaluation of the Application of Forest Stewardship Council (FSC) and
Sustainable Forestry Initiative (SFI) Standards on Five National
Forests'' was released. This report, produced by the Pinchot Institute
for Conservation (PIC), summarizes and discusses the five third-party
evaluations and captures lessons learned through a review of
participant experiences.
The study was designed to:
1. Evaluate the potential implications of third-party certification
of national forests and grasslands,
2. Provide a better understanding of how national forest management
practices align with FSC and SFI standards, and
3. Study the lessons learned as a basis for determining what policy
and management direction may be needed in the event forest
certification were pursued in the future.
Actual certification by FSC or SFI was outside the scope of these
evaluations and was not a possible outcome on any of the study units.
Nor did the FSC or SFI participate directly in the study. However, this
study provided the Forest Service with a valuable opportunity to
examine the consistency of current national forest resource management
activities with the requirements of the two major forest certification
programs now operating in the U.S. This was the first time national
forest management had been evaluated with reference to the standards of
such certification programs.
Participating Units
The National Forest System (NFS) management units evaluated were
the:
Allegheny National Forest (ANF) in Pennsylvania.
Lakeview Federal Stewardship Unit (LFSU) on the Fremont-
Winema National Forest in Oregon.
Chequamegon-Nicolet National Forest (CNNF) in Wisconsin.
Mt. Hood National Forest (MHNF) in Oregon.
National Forests in Florida (NFF).
Role of the Pinchot Institute for Conservation
The Pinchot Institute for Conservation (PIC), which carried out
this study, is an independent nonprofit research and education
organization dedicated to investigating new approaches to forest
conservation and has carried out certification tests in a variety of
settings. The Institute investigated the implications of certification
on state-owned, private, tribal, and university forest lands. For this
project the Institute:
Worked to secure funding for the certification
evaluations.
Contracted with accredited, third-party auditors.
Provided coordination between the Forest Service and
auditors.
Reviewed and evaluated the auditors' reports.
Interviewed those involved in the certification
evaluations to assess their views as to potential benefits and
detriments/costs of the process.
Prepared the study findings, results, and a lessons
learned report.
Study Scope and Conduct
The national forest certification evaluations were designed to
closely approximate the process that a national forest would undergo
were it actually seeking certification. The audit firms were required
to be fully accredited to carry out FSC and SFI certification audits
and to use the same approach they would for an actual certification
assessment. The study unit national forests addressed FSC and SFI
requirements as set forth in standards applicable to private, State-
owned and Department of Defense and Department of Energy (DOD-DOE)
lands in the U.S.
All certification evaluations were the functional equivalents of
major, broad-based management reviews of all aspects of national forest
management. The FSC and SFI evaluation reports of the five national
forests read like other certification assessment reports. They
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include a summary of the management setting, stakeholder feedback,
findings of performance gaps or non-conformances (major and minor), and
issuance of Corrective Action Requests.
Performance Against FSC and SFI Standards Used in the Study
Auditors found many situations where practices on the units
evaluated demonstrated good overall conformance with most of the FSC
and SFI standards currently being applied to private and State-owned
and DOD-DOE lands in the U.S.
Examples included:
Forest planning and operations.
Inpact assessments.
Stakeholder consultation.
Coordination with First Nations.
Extent of reserves.
Protection of threatened and endangered species.
Control of invasives and exotics.
The auditors did cite a number of areas where the Forest Service is
not meeting the FSC or SFI certification standards used in the study.
Performance gaps on one or more study units included:
Forest health issues arising from the backlog of
management activities.
A backlog of road maintenance and decommissioning.
Inadequate monitoring of non-timber forest products.
Issues with old-growth protection and management on two
study national forests.
Inadequate attention to logger safety.
Operation under outdated management plans.
Inadequate attention to off highway management issues and
their enviornmental effects.
Difficulty in dealing with oil and gas leases not
controlled by the Federal Government on one study unit (split estate).
Some performance gaps are minor and do not preclude certification
if they can be remedied within a given time period after a certificate
is issued. Other gaps are major and would preclude FSC or SFI
certification until mechanisms are put into place to address them.
Auditors also issue observations or note opportunities for improvement
that suggest things that may improve compliance with standards.
Feedback From Forest Service Staff Involved in the Study
The geographic representation of the study on unit national forests
provided an opportunity to test certification in different NFS
settings. Each participating forest faces similar agencywide challenges
(limited resources and overextended staff, appeals and litigation) and
yet is faced with its own ecological and socioeconomic issues.
Most of the NFS study coordinators (the Forest Service point person
for the study on each forest) felt that the certification programs
impose requirements that are relevant to determining whether a forest
is meeting its management objectives and improving their management
practices over time. Forest staff indicated that certification can be a
valuable tool if carried out in an effective manner that does not
impose an additional, unsupported burden on staff and resources.
Staff found the evaluations to be a broad-based and comprehensive
review--often more so than the Forest Service's own targeted, internal
audits, of the many integrated management activities occurring on the
forest. To this end, they were impressed with the wide range of issues
addressed by the evaluations.
Coordinators also reported that the FSC and SFI evaluations
provided positive, independent reinforcement of their management
activities while identifying those areas where improvements are needed.
In many cases, these identified improvements were not unfamiliar to
forest staff but would not be addressed unless additional funding and/
or staff resources were available. Participating staff also recognized
the value of third parties communicating publicly on the successes and
difficulties of national forest management, especially difficulties
arising from factors they feel are ``beyond their control.'' In this
context, NFS study coordinators identified Corrective Action Requests
that they felt would be difficult or impossible to fix, and would
likely need to be addressed by the Forest Service Washington Office.
Some Lessons Learned in the Study
The following is a summary of some of the lessons learned in the
study.
Lessons Pertinent to Individual National Forests
Management issues, challenges, and certification
assessment results will vary from unit to unit.
The certification assessments were useful feedback
mechanisms for national forest personnel regarding their management of
the forest, and by providing a more comprehensive and integrative
review than normal internal audits, they complemented existing
management systems. Normally, a certification assessment would also
help determine whether a forest management unit is meeting its own
management objectives, and would emphasize improving management
practices over time.
The assessments provided opportunities beyond existing
legal and administrative requirements for interest groups and
stakeholders to provide input regarding national forest management.
Outdated land and resource management plans may prevent
some forests from meeting the requirements set forth in certification
standards, which emphasizes a potentially broader need for updating
national forest management systems.
The lack in some cases of integrated landscape planning
involving adjacent lands and landowners raised the issue of the unique
role of national forests within the broader landscape, as well as
nationwide, and how certification would take account of this role.
Lessons Pertinent to the National Forest System
Backlogs in road maintenance, delays in silvicultural
treatments, and other problems in the implementation of approved forest
plans were often cited as indicators of larger budgeting and staffing
issues outside the control of individual national forests (in the hands
of Congress or the Administration).
National forest staff time required to participate in
certification assessment and reporting procedures varied considerably
from unit to unit but raised issues of `unsupported' budgetary demands
(not specifically covered by existing funding levels).
The fact that ownership and control of sub-surface mineral
rights may lie in the hands of external parties raised broader
questions about how the Forest Service would deal with such issues if
they impact forest management and the ability of a forest unit to meet
certification standards.
Inconsistencies between certification standards and
existing National Forest System management, planning and policy
commitments (Northwest Forest Plan, the definition of Native American
organizations as sovereign entities, chemical use), raise broader
questions about the relationship between private certification
organizations and federal land management systems.
Requirements in the SFI and FSC standards that the Forest
Service make formal `commitments' to the certification programs raise
questions about how the agency could do this organizationally and
legally.
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Next Steps
Recognizing that the Forest Service has not decided whether it will
seek certification, the following are relevant considerations:
The FSC Federal Lands Policy establishes three criteria to be met
before any new Federal land system such as the NFS could seek
certification. In summary, the criteria are a willing landowner (the
Forest Service), a determination that public consensus exists regarding
management of the NFS, and the development of a set of standards
specific to each category of Federal forestland (Forest Service, Bureau
of Land Management, etc.). Because the Forest Service has not
determined whether it will seek certification, FSC has not yet
determined whether, how or when they will address these criteria for
the Forest Service.
SFI has indicated that it would welcome NFS participation in SFI
certification. A landowner seeking SFI certification must formally
commit to reporting and management measures specific to the SFI
Program. How and whether the Forest Service could make these
commitments would also need to be determined.
A public outreach effort is now underway to obtain public and
stakeholder views on the outcomes of the National Forest Certification
Study and the potential implications of NFS certification in general.
Once this effort is completed, the Forest Service will evaluate its
options and determine how to proceed.
Dated: September 10, 2008.
Charles L. Myers,
Associate Deputy Chief, NFS.
[FR Doc. E8-21611 Filed 9-16-08; 8:45 am]
BILLING CODE 3410-11-P