National Forest System Land Management Planning Directives, 13316-13319 [2013-04470]
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13316
Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
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Proposed Action
Alternative 3 proposes to treat 35
units totalling 14,281 acres through
thinning (1,757 acres) and prescribed
burning (12,524 acres). Thinning would
favor large tree retention using the
general priority order of whitebark and
limber pine, aspen, Douglas-fir,
lodgepole pine, Engelmann spruce, and
subalpine fir. Thinning would leave 70
to 200 trees per acre in the noncommercial units, and 60 to 140 trees
per acre in the commercial units.
Conifers in and around aspen clones
would be thinned to release suppressed
aspen. Residual branches, logs, and
other resulting debris would be hand- or
machine-piled and burned in the units
or on the landings, or scattered to
further reduce fuel concentrations in the
project area. Ladder fuels would be
pruned in some units. Snags would be
removed as needed for firefighter safety
in portions of 27 units located in close
proximity to residential areas. Road
reconstruction would occur on 1.3 miles
of National Forest roads and a total of
1 mile of temporary road would be
constructed and then obliterated after
use. Routine maintenance would occur
on 11.7 miles of roads. Approximately
27 landings would be used.
Prescribed fire would reduce fire
potential while creating a mosaic of
burned and unburned areas. Ground
and aerial ignition techniques would
adhere to site-specific burn plans that
identify parameters for weather, air
quality, contingency resources, other
resource concerns, equipment needs,
and responses for potential escapes. Fire
managers would use, and subsequently
rehabilitate, up to seven miles of lowimpact fire control lines if needed to
contain prescribed fire. Natural barriers
to fire spread would be used where
possible.
Alternative 3 includes extensive
project design features and best
practices to avoid or reduce impacts to
cultural resources, water resources,
range, recreation, scenery, sensitive
plants, air quality, soils, special areas,
and wildlife.
Possible Alternatives
At this time it is planned that the EIS
will examine Alternative 1 (No Action),
Alternative 2 (Proposed Action
originally scoped in December 2010 and
modified after further analysis), and
Alternative 3—Reduce Potential Impacts
to Special Areas and Wildlife Habitat
(developed to address public concerns
after original scoping period).
Preliminary Issues
Key issues identified during the
original public scoping include effects
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to the WSA, IRAs, and wildlife habitat.
Additional public concerns addressed
in the analysis include potential effects
related to unauthorized motorized use,
standing trees, spread of noxious weeds,
road use, smoke, heavy equipment, and
biodiversity.
In March 2012, the Palisades WSA
map used by the Forest Service for
analysis of the Teton to Snake Fuels
Management Project was questioned. In
July 2012, Jackson District Ranger Dale
Deiter put the project on hold until
more clarity was obtained regarding the
WSA boundary. Since then extensive
record searches have occurred
uncovering many valuable maps and
memos. In addition, two public
meetings were held with people
interested in the boundary issue. Based
on the best information available at this
time, the Forest Service is proceeding
with the RARE II map from 1977
(Roadless Area and Review Evalaution
process). The map package is expected
to be assembled in March 2013 and will
be submitted to the Regional and
Washington Offices of the Forest Service
for review and approval. Upon
approval, a certified boundary and legal
description will be prepared by the
Forest Service lands office with final
approval from the Regional Forester. A
decision on the Teton to Snake Fuels
Management Project would only be
made after the Palisades WSA boundary
is approved.
Responsible Official
Dale Deiter, District Ranger, Jackson
Ranger District, Bridger-Teton National
Forest
Nature of Decision To Be Made
The District Ranger will decide
whether to implement one of the
alternatives designed to meet the
purpose and need for the project, or take
no action.
Permits or Licenses Required
A permit would be required from the
State of Wyoming prior to any
prescribed burning. The appropriate
regulatory agencies will be consulted
regarding national or state required
permits associated with roads used in
project implementation, and required
permits obtained prior to
implementation.
Scoping Process
This notice of intent initiates the
scoping process, which guides the
development of the environmental
impact statement. As noted above,
comments submitted during the scoping
period beginning in 2010 will be
brought forward in the EIS so there is no
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need to re-submit them. New
information and concerns describing
site-specific unwanted effects related to
Alternative 3 would be useful.
It is important that reviewers provide
their comments at such times and in
such manner that they are useful to the
agency’s preparation of the
environmental impact statement.
Therefore, comments should be
provided prior to the close of the
comment period and should clearly
articulate the reviewer’s concerns and
contentions.
Include the following information
with your comments: Your name,
address, email (optional), and telephone
number; the project name: Teton to
Snake Fuels Management Project; and
site-specific comments, along with
supporting information you believe will
help identify issues, develop
alternatives, or predict environmental
effects of this proposal. The most useful
comments provide new information or
describe unwanted environmental
effects potentially caused by the
proposed action. If you reference
scientific literature in your comments,
you must provide a copy of the entire
reference you have cited and include
the predicted site-specific effects
supported by the literature.
Comments received in response to
this solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered; however anonymous
comments will not provide the agency
with the ability to provide you with
project updates.
Dated: February 21, 2013.
Dale Deiter
Jackson District Ranger.
[FR Doc. 2013–04498 Filed 2–26–13; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AD06
National Forest System Land
Management Planning Directives
Forest Service, USDA.
Notice of issuance of agency
proposed directives; request for
comment.
AGENCY:
ACTION:
SUMMARY: The Forest Service has issued
proposed directives to Forest Service
Handbook (FSH 1909.12) and Manual
(FSM 1920) establishing procedures and
responsibilities for implementing the
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
National Forest System (NFS) land
management planning regulation.
Issuance of these proposed directives
will provide consistent overall guidance
to Forest Service Line Officers and
Agency employees in developing,
amending, or revising land management
plans for units of the NFS. Public
comment is invited and will be
considered in developing the final
directives.
DATES: Comments must be received in
writing by April 29, 2013.
ADDRESSES: Submit comments
concerning the proposed directives
through one of the following methods:
1. Public participation portal: https://
cara.ecosystem-management.org/Public/
CommentInput?Project=30641.
Comments may also be provided
through the Federal rulemaking portal:
https://www.regulations.gov.
2. Facsimile: Fax to: 503.224.1851.
Please identify your comments by
Region
including ‘‘RIN 0596–AD06’’ or
‘‘planning directives’’ on the cover sheet
or the first page.
3. U.S. Postal Service: The mailing
address is: USDA Forest Service
Planning Directives Comments, P.O.
Box 40088, Portland, OR 97240.
FOR FURTHER INFORMATION CONTACT:
Annie Eberhart Goode, Planning
Specialist, Ecosystem Management
Coordination Staff, 202–205–1056 or
703–605–4478.
The Forest
Service has issued proposed directives
to Forest Service Handbook (FSH
1909.12) and Manual (FSM 1920)
establishing procedures and
responsibilities for implementing the
National Forest System (NFS) land
management planning regulation set out
at 36 CFR part 219. This promulgated
rule was published in the Federal
Register on April 9, 2012 (77 FR 21161).
SUPPLEMENTARY INFORMATION:
Phone No.
Northern Region—R1 ..............................
406–329–3511
Rocky Mountain Region—R2 ..................
303–275–5350
Southwestern Region—R3 ......................
Intermountain Region—R4 ......................
Pacific Southwest Region—R5 ...............
Pacific Northwest Region—R6 ................
505–842–3292
801–625–5605
707–562–8737
503–808–2468
Southern Region—R8 .............................
Eastern Region—R9 ...............................
Alaska Region—R10 ...............................
404–347–4095
414–297–3600
907–586–8806
Readers are encouraged to obtain a
copy of the proposed directives to
formulate their comments and provide
input for the development of the final
planning directives.
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Background
On April 9, 2012, the U. S.
Department of Agriculture (Department
or USDA) adopted final planning
regulations for the NFS at 36 CFR part
219 (77 FR 21161). These regulations,
known collectively as the 2012 Planning
Rule, provide broad programmatic
direction in developing and carrying out
land management planning. The rule
explicitly directs the Chief of the Forest
Service to establish planning procedures
in the Forest Service Directives System
(36 CFR 219.1(c)).
The Forest Service is implementing
the 2012 Planning Rule. Those
responsible officials that are
implementing the 2012 Planning Rule
must follow the regulations at 36 CFR
219 and applicable existing Forest
Service Directives until they are
superseded.
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Public Participation
Please note that the Forest Service
will not be able to receive handdelivered comments. In addition, please
note that all comments, including
names and addresses when provided,
will be placed in the record and
available for public inspection and
copying. The Agency cannot confirm
receipt of comments. Individuals
wishing to inspect comments should
call Jody Sutton at 801–517–1020 to
schedule an appointment.
These proposed directives are a
revision of Forest Service Handbook
(FSH) 1919.12 and Forest Service
Manual (FSM) 1920. Copies of the
proposed directives are available on the
World Wide Web/Internet at https://
www.fs.usda.gov/goto/planningrule/
directives. Copies may be obtained by
contacting one of the following Regional
Offices:
Address
Street Address: 200 E. Broadway, Missoula, MT 59802.
Mailing address: P.O. Box 7669, Missoula, MT 59807–7669.
Street Address: 740 Simms St., Golden, CO 80401.
Mailing address: P.O. Box 25127, Lakewood, CO 80225–0127.
333 Broadway SE., Albuquerque, NM 87102.
324 25th Street, Ogden, UT 84401.
1323 Club Drive, Vallejo, CA 94592.
Street Address: 333 SW. First Avenue, Portland, Oregon 97204.
Mailing address: P.O. Box 3623, Portland, OR 97208–3623.
1720 Peachtree Rd. NW., Atlanta, GA 30309.
626 East Wisconsin Ave. Milwaukee, WI 53202.
P.O. Box 21628, Juneau, AK 99802–1628.
The Forest Service Directives System
consist of the Forest Service Manual
(FSM) and the Forest Service Handbook
(FSH), which contain the Agency’s
policies, practices, and procedures, and
serves as the primary basis for the
internal management and control of
programs and administrative direction
to Forest Service employees. The
directives for all Agency programs are
set out on the World Wide Web/Internet
at https://www.fs.fed.us/im/directives.
Specifically, the FSM contains legal
authorities, objectives, policies,
responsibilities, instructions, and
guidance needed on a continuing basis
by Forest Service Line Officers and
primary staff to plan and execute
programs and activities. The FSH is the
principal source of specialized guidance
and instruction for carrying out the
policies, objectives, and responsibilities
contained in the FSM.
For these proposed directives, both
the FSM and the FSH provide policy
direction, objectives, instructions, and
guidance for Forest Service Line
Officers and primary staff to plan and
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execute the process of developing,
revising, amending, and making
administrative changes to plans.
Content of Proposed Directives
The following is an overview of the
contents of the proposed directives.
FSM 1920—Land Management Planning
Manual
This Forest Service Manual describes
a process for developing, revising,
amending, and making administrative
changes to land management plans for
the National Forest System (NFS). It
includes authorities and
responsibilities. It should be used in
conjunction with the FSH.
FSH 1909.12—Land Management
Planning Handbook
This FSH provides policy direction,
objectives, instructions and guidance for
the process of developing, revising,
amending, and making administrative
changes to plans for the NFS. It includes
authorities and responsibilities.
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
The section known as the zero code
contains authorities, responsibilities,
and select definitions applicable to
subsequent chapters.
Chapter 10—The Assessment
This chapter describes the procedures
for writing an assessment for
development, amendment, or revision of
land management plans.
Chapter 20—Land Management Plan
This chapter describes the land
management plan under the 2012
Planning Rule and explains the
procedures for developing, amending,
and revising land management plans.
This chapter describes the plan
monitoring program, broader-scale
monitoring strategy, and biennial
evaluation of the monitoring
information for land management
planning.
Chapter 40—Key Processes Supporting
Land Management Planning
This chapter describes the adaptive
management framework, use of best
available scientific information, public
participation and the role of
collaboration, and tribal consultation as
it relates to land management plans.
Chapter 50—Objection Process
This chapter describes the process for
the public to seek administrative review
of plans, plan revisions, and plan
amendments before their approval. This
process is referred to as the objection
process.
Chapter 60—Forest Vegetation Resource
Planning
This chapter provides procedures for
developing plan components and other
plan content to meet National Forest
Management Act (NFMA) and planning
rule requirements for identifying lands
that are not suitable for timber
production, plan components for timber
harvest for timber production or other
purposes, limitations on timber harvest,
and display of the planned timber sale
program.
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Chapter 70—Wilderness Evaluation
This chapter describes the process for
identifying and evaluating lands that
may be suitable for inclusion in the
National Wilderness Preservation
System and determining whether to
recommend any such lands for
wilderness designation.
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Jkt 229001
environmental assessment or impact
statement ‘‘rules, regulations, or policies
to establish Service-wide administrative
procedures, program processes, or
instructions.’’ The Agency’s conclusion
is that these proposed directives fall
within this category of actions and that
no extraordinary circumstances exist as
currently defined that require
preparation of an environmental
assessment or an environmental impact
statement.
No Takings Implications
Regulatory Certifications
Chapter 30—Monitoring
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Chapter 80—Wild and Scenic River
Evaluation
This chapter describes the process for
identifying and evaluating potential
additions to the National Wild and
Scenic Rivers System. This chapter also
addresses interim management of river
segments determined to be eligible and
suitable, documentation of study
results, as well as the process for
notifying Congress of agency wild and
scenic river recommendations.
Chapter 90—References
This chapter contains exhibits or
references not easily found
electronically.
Zero Code
Regulatory Impact
This notice has been reviewed under
USDA procedures and Executive Order
(E.O.) 12866, Regulatory Planning and
Review. The Office of Management and
Budget (OMB) has reviewed this notice
and has determined that it is a
significant action. The proposed
directives would not have an annual
effect of $100 million or more on the
economy nor adversely affect
productivity, competition, jobs, the
environment, public health or safety,
nor State or local governments. The
proposed directives would not interfere
with an action taken or planned by
another agency nor raise new legal or
policy issues. Finally, the proposed
directives would not alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients of such
programs.
Moreover, the proposed directives
have been considered in light of E.O.
13272 regarding proper consideration of
small entities and the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), which amended the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). No direct or indirect financial
impact on small businesses or other
entities has been identified. Therefore, it
is hereby certified that these proposed
directives will not have a significant
economic impact on a substantial
number of small entities as defined by
the act.
Environmental Impact
These proposed directives provide the
detailed direction to agency employees
necessary to carry out the provisions of
the final 2012 Planning Rule adopted at
36 CFR part 219 governing land
management planning. Forest Service
Handbook 1909.15, section 31.12 (57 FR
43208; September 18, 1992) excludes
from documentation in an
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These proposed directives have been
analyzed in accordance with the
principles and criteria contained in E.O.
12360, Governmental Actions and
Interference with Constitutionally
Protected Property Rights, and it has
been determined that they would not
pose the risk of a taking of private
property as they are limited to the
establishment of administrative
procedures.
Energy Effects
These proposed directives have been
analyzed under E.O. 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. It has been
determined that they do not constitute
a significant energy action as defined in
the Executive Order.
Civil Justice Reform
These proposed directives have been
reviewed under E.O. 12988, Civil Justice
Reform. These proposed directives will
direct the work of Forest Service
employees and are not intended to
preempt any State and local laws and
regulations that might be in conflict or
that would impede full implementation
of these directives. The directives would
not retroactively affect existing permits,
contracts, or other instruments
authorizing the occupancy and use of
NFS lands and would not require the
institution of administrative
proceedings before parties may file suit
in court challenging their provisions
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the effects
of these proposed directives on State,
local, and Tribal governments, and on
the private sector have been assessed
and do not compel the expenditure of
$100 million or more by any State, local,
or Tribal government, or anyone in the
private sector. Therefore, a statement
under section 202 of the act is not
required.
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices
Federalism
The Agency has considered these
proposed directives under the
requirements of E.O. 13132, Federalism.
The Agency has made a preliminary
assessment that they conform with the
federalism principles set out in this
Executive Order; would not impose any
significant compliance costs on the
States; and would not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Moreover, these
proposed directives address the land
management planning process on
National Forests, Grasslands or other
units of the NFS, which do not directly
affect the States. Based on comments
received on these proposed directives,
the Agency will consider if any
additional consultation will be needed
with State and local governments prior
to adopting final directives.
Consultation and Coordination With
Indian Tribal Governments
The Forest Service will conduct
government-to-government consultation
on the planning directives. The Forest
Service considers tribal consultation as
an ongoing, iterative process that
encompasses development of the
proposed directives through the
issuance of final directives. During
development of the 2012 Planning Rule,
between September 23, 2010, and
publication of the final rule on April 9,
2012, the Agency held 16 consultation
meetings across the Country. In
addition, Forest Service leaders held
one-on-one meetings, as requested, with
tribal leaders throughout the time
period of development of the rule.
The Agency will contact all federally
recognized Tribes and Alaska Native
Corporations by mail to formally initiate
consultation on the proposed directives
and seek comments within 120 days.
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Controlling Paperwork Burdens on the
Public
These proposed directives do not
contain any record keeping or reporting
requirements or other information
collection requirements as defined in 5
CFR part 1320 and, therefore, impose no
paperwork burden on the public.
Accordingly, the review provisions of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) and
implementing regulations at 5 CFR part
1320 do not apply.
Chapter 50 of these proposed
directives contains information
collection requirements as defined in 5
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15:18 Feb 26, 2013
Jkt 229001
CFR part 1320. The information
collection requirements have been
approved by the Office of Management
and Budget and assigned control
number 0596–0158.
Conclusion
The Forest Service has developed
these planning directives to set forth the
legal authorities, objectives, policy,
responsibilities, direction, and overall
guidance for Forest Service Line
Officers, agency employees, and others
to use the 2012 Planning Rule. The
proposed directives provide consistent
interpretation of the 2012 Planning Rule
for Line and Staff Officers, and
interdisciplinary teams.
The 2012 Planning Rule and the
proposed FSM and FSH sections
together provide requirements and
guidance for the Agency to adaptively
manage the NFS to maintain and restore
NFS land and water ecosystems and
protect species while providing for
ecosystem services and multiple uses.
The proposed directives are intended to
guide the development, revision, and
amendment of land management plans
to provide for the sustainability of
ecosystems and resources; meet the
need for forest restoration and
conservation, watershed protection, and
species diversity and conservation; and
assist the Agency in providing a
sustainable flow of benefits, services,
and uses of NFS lands that provide jobs
and contribute to the economic and
social sustainability of communities.
By seeking public notice and
comment on these proposed directives,
the Agency is continuing its
commitment to improve public
involvement and transparency in
decisionmaking associated with
developing, amending, or revising a
land management plan.
When the Agency offers the
opportunity for public notice and
comment on a proposed revision of a
Forest Service Manual or Handbook
revision, the Agency publishes a notice
of a proposed revision with a minimum
60-day comment period. The Agency
then considers the comments, makes
any changes, drafts, and publishes a
final Federal Register notice explaining
the final directive and the rationale for
any changes made from the propose. At
a minimum, this process takes 6 months
but normally takes 9–12 months.
The Forest Service is committed to
providing adequate opportunities for the
public to comment on administrative
directives that are of substantial public
interest or controversy, as provided in
the regulations at 36 CFR part 216. All
comments on these proposed directives
will be considered in the development
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13319
of the final directives. The full text of
these proposed directives are available
on the World Wide Web/Internet at
https://www.fs.usda.gov/goto/
planningrule/directives. Single paper
copies are available upon request from
the address and phone numbers listed
earlier in this notice as well as from the
nearest Regional Office, the locations of
which are also available on the
Washington Office headquarters
homepage on the World Wide Web/
Internet: www.fs.fed.us/.
Dated: February 21, 2013.
Thomas L. Tidwell,
Chief.
[FR Doc. 2013–04470 Filed 2–26–13; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
Notice of Intent To Request an
Extension of a Currently Approved
Information Collection
National Institute of Food and
Agriculture, USDA.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 and
Office of Management and Budget
(OMB) regulations (5 CFR part 1320)
which implement the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), this notice announces the
intention of the National Institute of
Food and Agriculture (NIFA) to request
an extension for a currently approved
information collection (OMB No. 0524–
0026) for Form NIFA–666,
‘‘Organizational Information.’’
DATES: Submit comments on or before
April 29, 2013.
ADDRESSES: You may submit comments,
identified by NIFA–2013–0008, by any
of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: rmartin@NIFA.usda.gov.
Include NIFA–2013–0008 in the subject
line of the message.
Fax: 202–720–0857.
Mail: Written comments concerning
this notice and requests for copies of the
information collection may be
submitted to Robert Martin, Records
Officer, Information Policy, Planning
and Training; Mail: NIFA/USDA; Mail
Stop 2216; 1400 Independence Avenue
SW.; Washington, DC 20250–2299;
Hand Delivery/Courier: 800 9th Street
E:\FR\FM\27FEN1.SGM
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Agencies
[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13316-13319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04470]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD06
National Forest System Land Management Planning Directives
AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of agency proposed directives; request for
comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service has issued proposed directives to Forest
Service Handbook (FSH 1909.12) and Manual (FSM 1920) establishing
procedures and responsibilities for implementing the
[[Page 13317]]
National Forest System (NFS) land management planning regulation.
Issuance of these proposed directives will provide consistent overall
guidance to Forest Service Line Officers and Agency employees in
developing, amending, or revising land management plans for units of
the NFS. Public comment is invited and will be considered in developing
the final directives.
DATES: Comments must be received in writing by April 29, 2013.
ADDRESSES: Submit comments concerning the proposed directives through
one of the following methods:
1. Public participation portal: https://cara.ecosystem-management.org/Public/CommentInput?Project=30641. Comments may also be
provided through the Federal rulemaking portal: https://www.regulations.gov.
2. Facsimile: Fax to: 503.224.1851. Please identify your comments
by including ``RIN 0596-AD06'' or ``planning directives'' on the cover
sheet or the first page.
3. U.S. Postal Service: The mailing address is: USDA Forest Service
Planning Directives Comments, P.O. Box 40088, Portland, OR 97240.
FOR FURTHER INFORMATION CONTACT: Annie Eberhart Goode, Planning
Specialist, Ecosystem Management Coordination Staff, 202-205-1056 or
703-605-4478.
SUPPLEMENTARY INFORMATION: The Forest Service has issued proposed
directives to Forest Service Handbook (FSH 1909.12) and Manual (FSM
1920) establishing procedures and responsibilities for implementing the
National Forest System (NFS) land management planning regulation set
out at 36 CFR part 219. This promulgated rule was published in the
Federal Register on April 9, 2012 (77 FR 21161).
Public Participation
Please note that the Forest Service will not be able to receive
hand-delivered comments. In addition, please note that all comments,
including names and addresses when provided, will be placed in the
record and available for public inspection and copying. The Agency
cannot confirm receipt of comments. Individuals wishing to inspect
comments should call Jody Sutton at 801-517-1020 to schedule an
appointment.
These proposed directives are a revision of Forest Service Handbook
(FSH) 1919.12 and Forest Service Manual (FSM) 1920. Copies of the
proposed directives are available on the World Wide Web/Internet at
https://www.fs.usda.gov/goto/planningrule/directives. Copies may be
obtained by contacting one of the following Regional Offices:
------------------------------------------------------------------------
Region Phone No. Address
------------------------------------------------------------------------
Northern Region--R1........... 406-329-3511 Street Address: 200
E. Broadway,
Missoula, MT 59802.
................. Mailing address: P.O.
Box 7669, Missoula,
MT 59807-7669.
Rocky Mountain Region--R2..... 303-275-5350 Street Address: 740
Simms St., Golden,
CO 80401.
Mailing address: P.O.
Box 25127, Lakewood,
CO 80225-0127.
Southwestern Region--R3....... 505-842-3292 333 Broadway SE.,
Albuquerque, NM
87102.
Intermountain Region--R4...... 801-625-5605 324 25th Street,
Ogden, UT 84401.
Pacific Southwest Region--R5.. 707-562-8737 1323 Club Drive,
Vallejo, CA 94592.
Pacific Northwest Region--R6.. 503-808-2468 Street Address: 333
SW. First Avenue,
Portland, Oregon
97204.
Mailing address: P.O.
Box 3623, Portland,
OR 97208-3623.
Southern Region--R8........... 404-347-4095 1720 Peachtree Rd.
NW., Atlanta, GA
30309.
Eastern Region--R9............ 414-297-3600 626 East Wisconsin
Ave. Milwaukee, WI
53202.
Alaska Region--R10............ 907-586-8806 P.O. Box 21628,
Juneau, AK 99802-
1628.
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Readers are encouraged to obtain a copy of the proposed directives
to formulate their comments and provide input for the development of
the final planning directives.
Background
On April 9, 2012, the U. S. Department of Agriculture (Department
or USDA) adopted final planning regulations for the NFS at 36 CFR part
219 (77 FR 21161). These regulations, known collectively as the 2012
Planning Rule, provide broad programmatic direction in developing and
carrying out land management planning. The rule explicitly directs the
Chief of the Forest Service to establish planning procedures in the
Forest Service Directives System (36 CFR 219.1(c)).
The Forest Service is implementing the 2012 Planning Rule. Those
responsible officials that are implementing the 2012 Planning Rule must
follow the regulations at 36 CFR 219 and applicable existing Forest
Service Directives until they are superseded.
The Forest Service Directives System consist of the Forest Service
Manual (FSM) and the Forest Service Handbook (FSH), which contain the
Agency's policies, practices, and procedures, and serves as the primary
basis for the internal management and control of programs and
administrative direction to Forest Service employees. The directives
for all Agency programs are set out on the World Wide Web/Internet at
https://www.fs.fed.us/im/directives.
Specifically, the FSM contains legal authorities, objectives,
policies, responsibilities, instructions, and guidance needed on a
continuing basis by Forest Service Line Officers and primary staff to
plan and execute programs and activities. The FSH is the principal
source of specialized guidance and instruction for carrying out the
policies, objectives, and responsibilities contained in the FSM.
For these proposed directives, both the FSM and the FSH provide
policy direction, objectives, instructions, and guidance for Forest
Service Line Officers and primary staff to plan and execute the process
of developing, revising, amending, and making administrative changes to
plans.
Content of Proposed Directives
The following is an overview of the contents of the proposed
directives.
FSM 1920--Land Management Planning Manual
This Forest Service Manual describes a process for developing,
revising, amending, and making administrative changes to land
management plans for the National Forest System (NFS). It includes
authorities and responsibilities. It should be used in conjunction with
the FSH.
FSH 1909.12--Land Management Planning Handbook
This FSH provides policy direction, objectives, instructions and
guidance for the process of developing, revising, amending, and making
administrative changes to plans for the NFS. It includes authorities
and responsibilities.
[[Page 13318]]
Zero Code
The section known as the zero code contains authorities,
responsibilities, and select definitions applicable to subsequent
chapters.
Chapter 10--The Assessment
This chapter describes the procedures for writing an assessment for
development, amendment, or revision of land management plans.
Chapter 20--Land Management Plan
This chapter describes the land management plan under the 2012
Planning Rule and explains the procedures for developing, amending, and
revising land management plans.
Chapter 30--Monitoring
This chapter describes the plan monitoring program, broader-scale
monitoring strategy, and biennial evaluation of the monitoring
information for land management planning.
Chapter 40--Key Processes Supporting Land Management Planning
This chapter describes the adaptive management framework, use of
best available scientific information, public participation and the
role of collaboration, and tribal consultation as it relates to land
management plans.
Chapter 50--Objection Process
This chapter describes the process for the public to seek
administrative review of plans, plan revisions, and plan amendments
before their approval. This process is referred to as the objection
process.
Chapter 60--Forest Vegetation Resource Planning
This chapter provides procedures for developing plan components and
other plan content to meet National Forest Management Act (NFMA) and
planning rule requirements for identifying lands that are not suitable
for timber production, plan components for timber harvest for timber
production or other purposes, limitations on timber harvest, and
display of the planned timber sale program.
Chapter 70--Wilderness Evaluation
This chapter describes the process for identifying and evaluating
lands that may be suitable for inclusion in the National Wilderness
Preservation System and determining whether to recommend any such lands
for wilderness designation.
Chapter 80--Wild and Scenic River Evaluation
This chapter describes the process for identifying and evaluating
potential additions to the National Wild and Scenic Rivers System. This
chapter also addresses interim management of river segments determined
to be eligible and suitable, documentation of study results, as well as
the process for notifying Congress of agency wild and scenic river
recommendations.
Chapter 90--References
This chapter contains exhibits or references not easily found
electronically.
Regulatory Certifications
Regulatory Impact
This notice has been reviewed under USDA procedures and Executive
Order (E.O.) 12866, Regulatory Planning and Review. The Office of
Management and Budget (OMB) has reviewed this notice and has determined
that it is a significant action. The proposed directives would not have
an annual effect of $100 million or more on the economy nor adversely
affect productivity, competition, jobs, the environment, public health
or safety, nor State or local governments. The proposed directives
would not interfere with an action taken or planned by another agency
nor raise new legal or policy issues. Finally, the proposed directives
would not alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients of
such programs.
Moreover, the proposed directives have been considered in light of
E.O. 13272 regarding proper consideration of small entities and the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No
direct or indirect financial impact on small businesses or other
entities has been identified. Therefore, it is hereby certified that
these proposed directives will not have a significant economic impact
on a substantial number of small entities as defined by the act.
Environmental Impact
These proposed directives provide the detailed direction to agency
employees necessary to carry out the provisions of the final 2012
Planning Rule adopted at 36 CFR part 219 governing land management
planning. Forest Service Handbook 1909.15, section 31.12 (57 FR 43208;
September 18, 1992) excludes from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions.'' The Agency's conclusion is that these proposed
directives fall within this category of actions and that no
extraordinary circumstances exist as currently defined that require
preparation of an environmental assessment or an environmental impact
statement.
No Takings Implications
These proposed directives have been analyzed in accordance with the
principles and criteria contained in E.O. 12360, Governmental Actions
and Interference with Constitutionally Protected Property Rights, and
it has been determined that they would not pose the risk of a taking of
private property as they are limited to the establishment of
administrative procedures.
Energy Effects
These proposed directives have been analyzed under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined that they do not
constitute a significant energy action as defined in the Executive
Order.
Civil Justice Reform
These proposed directives have been reviewed under E.O. 12988,
Civil Justice Reform. These proposed directives will direct the work of
Forest Service employees and are not intended to preempt any State and
local laws and regulations that might be in conflict or that would
impede full implementation of these directives. The directives would
not retroactively affect existing permits, contracts, or other
instruments authorizing the occupancy and use of NFS lands and would
not require the institution of administrative proceedings before
parties may file suit in court challenging their provisions
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the effects of these proposed directives on State, local, and
Tribal governments, and on the private sector have been assessed and do
not compel the expenditure of $100 million or more by any State, local,
or Tribal government, or anyone in the private sector. Therefore, a
statement under section 202 of the act is not required.
[[Page 13319]]
Federalism
The Agency has considered these proposed directives under the
requirements of E.O. 13132, Federalism. The Agency has made a
preliminary assessment that they conform with the federalism principles
set out in this Executive Order; would not impose any significant
compliance costs on the States; and would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Moreover,
these proposed directives address the land management planning process
on National Forests, Grasslands or other units of the NFS, which do not
directly affect the States. Based on comments received on these
proposed directives, the Agency will consider if any additional
consultation will be needed with State and local governments prior to
adopting final directives.
Consultation and Coordination With Indian Tribal Governments
The Forest Service will conduct government-to-government
consultation on the planning directives. The Forest Service considers
tribal consultation as an ongoing, iterative process that encompasses
development of the proposed directives through the issuance of final
directives. During development of the 2012 Planning Rule, between
September 23, 2010, and publication of the final rule on April 9, 2012,
the Agency held 16 consultation meetings across the Country. In
addition, Forest Service leaders held one-on-one meetings, as
requested, with tribal leaders throughout the time period of
development of the rule.
The Agency will contact all federally recognized Tribes and Alaska
Native Corporations by mail to formally initiate consultation on the
proposed directives and seek comments within 120 days.
Controlling Paperwork Burdens on the Public
These proposed directives do not contain any record keeping or
reporting requirements or other information collection requirements as
defined in 5 CFR part 1320 and, therefore, impose no paperwork burden
on the public. Accordingly, the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and implementing
regulations at 5 CFR part 1320 do not apply.
Chapter 50 of these proposed directives contains information
collection requirements as defined in 5 CFR part 1320. The information
collection requirements have been approved by the Office of Management
and Budget and assigned control number 0596-0158.
Conclusion
The Forest Service has developed these planning directives to set
forth the legal authorities, objectives, policy, responsibilities,
direction, and overall guidance for Forest Service Line Officers,
agency employees, and others to use the 2012 Planning Rule. The
proposed directives provide consistent interpretation of the 2012
Planning Rule for Line and Staff Officers, and interdisciplinary teams.
The 2012 Planning Rule and the proposed FSM and FSH sections
together provide requirements and guidance for the Agency to adaptively
manage the NFS to maintain and restore NFS land and water ecosystems
and protect species while providing for ecosystem services and multiple
uses. The proposed directives are intended to guide the development,
revision, and amendment of land management plans to provide for the
sustainability of ecosystems and resources; meet the need for forest
restoration and conservation, watershed protection, and species
diversity and conservation; and assist the Agency in providing a
sustainable flow of benefits, services, and uses of NFS lands that
provide jobs and contribute to the economic and social sustainability
of communities.
By seeking public notice and comment on these proposed directives,
the Agency is continuing its commitment to improve public involvement
and transparency in decisionmaking associated with developing,
amending, or revising a land management plan.
When the Agency offers the opportunity for public notice and
comment on a proposed revision of a Forest Service Manual or Handbook
revision, the Agency publishes a notice of a proposed revision with a
minimum 60-day comment period. The Agency then considers the comments,
makes any changes, drafts, and publishes a final Federal Register
notice explaining the final directive and the rationale for any changes
made from the propose. At a minimum, this process takes 6 months but
normally takes 9-12 months.
The Forest Service is committed to providing adequate opportunities
for the public to comment on administrative directives that are of
substantial public interest or controversy, as provided in the
regulations at 36 CFR part 216. All comments on these proposed
directives will be considered in the development of the final
directives. The full text of these proposed directives are available on
the World Wide Web/Internet at https://www.fs.usda.gov/goto/planningrule/directives. Single paper copies are available upon request
from the address and phone numbers listed earlier in this notice as
well as from the nearest Regional Office, the locations of which are
also available on the Washington Office headquarters homepage on the
World Wide Web/Internet: www.fs.fed.us/.
Dated: February 21, 2013.
Thomas L. Tidwell,
Chief.
[FR Doc. 2013-04470 Filed 2-26-13; 8:45 am]
BILLING CODE 3410-11-P