Proposed Directive on Groundwater Resource Management, Forest Service Manual 2560, 25815-25824 [2014-10366]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Notices]
[Pages 25815-25824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10366]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC51


Proposed Directive on Groundwater Resource Management, Forest 
Service Manual 2560

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed directive; request for comment; announcement 
of national informational webinars.

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SUMMARY: The Forest Service proposes to amend its internal Agency 
directives for Watershed and Air Management to establish direction for 
management of groundwater resources on National Forest System (NFS) 
lands as an integral component of watershed management. Specifically, 
the proposed amendment would provide direction on the consideration of 
groundwater resources in agency activities, approvals, and 
authorizations; encourage source water protection and water 
conservation; establish procedures for reviewing new proposals for 
groundwater withdrawals on NFS lands; require the evaluation of 
potential impacts from groundwater withdrawals on NFS resources; and 
provide for measurement and reporting for some larger groundwater 
withdrawals. This proposed amendment would supplement existing special 
uses and minerals and geology directives to address issues of 
groundwater resource management and would help ensure consistent and 
adequate analyses for evaluating potential uses of NFS lands that could 
affect groundwater resources. Public comment is invited and will be 
considered in development of the final directive. This proposed 
groundwater directive represents a change in the Forest Service's 
national policy on water management. The Forest Service wants to ensure 
that there is sufficient time for potentially affected parties, 
including States, to comment. Thus the Agency is providing an extended 
comment period for the proposed directive. In addition, the Forest 
Service will host a webinar on the proposed directive to present 
information and answer questions on the proposed policy and the comment 
process during the first half of the comment period. Additional 
meetings and/or webinars will be offered as needed. Specific 
information regarding the dates and times of the webinar will be 
announced by news release and at the following Web site: https://www.fs.fed.us/geology/groundwater. A recording of the webinar will also 
be posted on the Web site.

DATES: Comments must be received by August 4, 2014.

ADDRESSES: Send comments electronically by following the instructions 
at the Federal eRulemaking portal at https://www.regulation.gov. 
Comments may also be submitted by electronic mail to fsm2500@fs.fed.us 
or by mail to Groundwater Directive Comments, USDA Forest Service, 
Attn: Elizabeth Berger--WFWARP, 201 14th Street SW., Washington, DC, 
20250. If comments are sent electronically, the public is requested not 
to send duplicate comments by mail. Please confine comments to issues 
pertinent to the proposed directive; explain the reasons for any 
recommended changes; and, where possible, refer to the specific wording 
being addressed. All comments, including names and addresses when 
provided, will be placed in the record and will be available for public 
inspection and copying. The public may inspect the comments received on 
the proposed directive at the USDA Forest Service Headquarters, located 
in the Yates Federal Building at 201 14th Street SW., Washington, DC, 
on regular business days between 8:30 a.m. and 4:30 p.m. Those wishing 
to inspect the comments are encouraged to call ahead at (202) 205-0967 
to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Joseph Gurrieri, Watershed, Fish, 
Wildlife, Air and Rare Plants Staff and Minerals and Geology Management 
Staff, (303) 275-5101. Individuals who use telecommunication devices 
for the deaf (TDD) may call the Federal Information Relay Service at 
(800) 877-8339 between 8:00 a.m. and 8:00 p.m. on regular business 
days.

SUPPLEMENTARY INFORMATION:

Background and Need for the Proposed Directive

    Despite concerns regarding water availability and quality across 
the country for ecosystem viability and new and existing human uses, 
the Forest Service does not have any comprehensive direction for 
management of groundwater resources on NFS lands. Ongoing climate and 
land use changes in combination with increasing societal water uses are 
resulting in substantial effects on the spatial and temporal 
distribution of water resources, including those on NFS lands. The 
proposed directives better position the Forest Service to identify and 
manage the consequences of those changes for the groundwater resources 
on NFS lands.
    The Forest Service manages 193 million acres of Federal lands, much 
of which is located in the headwaters and recharge areas of the 
nation's streams and aquifers. NFS lands provide sources of drinking 
water for people in 42 States and the Commonwealth of Puerto Rico. 
Thus, the Forest Service has a critical role in maintaining the 
integrity of the water resources associated with NFS lands and needs to 
take an active role, in cooperation with the States, in comprehensive 
management of water resources on those lands. The Washington Office 
Watershed, Fish, Wildlife, Air and Rare Plants and the Minerals and 
Geology Management staffs propose Forest Service Manual (FSM) 2560 as a 
key component of this effort.
    The Forest Service recognizes a need to establish a consistent 
approach for addressing both surface and groundwater issues that 
appropriately protects water resources, recognizes existing water uses, 
and responds to the

[[Page 25816]]

growing societal need for high-quality water supplies. Establishing 
comprehensive direction for groundwater resource management would round 
out existing policy (FSM 2500) to include all relevant components of 
watershed resources.
    The Forest Service currently provides some groundwater program 
direction in FSM 2880, entitled ``Geologic Resources, Hazards, and 
Services,'' which addresses agency inventory and monitoring activities 
for groundwater. FSM 2560 (formerly FSM 2543), entitled ``Groundwater 
Resource Management,'' would focus on Forest Service projects and 
authorizations potentially affecting groundwater resources. Proposed 
FSM 2560 is being published for public notice and comment because it 
establishes new policies and procedures for both water resources 
management and special use authorizations that involve access to or 
utilization of groundwater resources on NFS lands. Many of these 
policies and procedures, although new to the Forest Service nationally, 
are consistent with management and regulatory approaches in many States 
and localities across the country.
    Pursuant to statutory direction from Congress, NFS lands were set 
aside or acquired at least in part for the protection and management of 
water resources, and the Forest Service recognizes the need to address 
water in a comprehensive manner. Since groundwater is an integral 
component of the hydrological cycle in all watersheds, it is 
appropriate to include groundwater on NFS lands within an integrated 
water resources management program. The Forest Service recognizes that 
States and tribes also have responsibilities for water resources within 
their boundaries and that management of groundwater needs to be 
conducted cooperatively with the States and tribes to be successful.
    This proposed directive addresses components of some other Federal 
initiatives involving water, including Executive Order (E.O.) 13423, 
dated January 24, 2007, E.O. 13514, dated October 5, 2009, and the 
National Science and Technology Council (NSTC) Strategy for Federal 
Science and Technology to Support Water Availability and Quality, dated 
September 2007 (https://www.ostp.gov/cs/nstc/documents_reports). The 
proposed directive directly addresses portions of sections 1, 2(c), 
3(a)(iii), 3(b)(iii), and 3(f) of E.O. 13423 and section 2(d) of E.O. 
13514 concerning water use and conservation in activities conducted by 
the Forest Service and its authorization holders and would help bring 
the Forest Service into compliance with the relevant portions of the 
E.O. The proposed directive responds to the 2012 Planning Rule for 
National Forest System land management planning (36 CFR Part 219) 
specifying that forest plans must include components to maintain or 
restore water resources including groundwater. The proposed directive 
also would respond to recommendations in the National Science & 
Technology Council's water strategy calling for Federal agencies to 
inventory existing water resources and uses.

Summary of Proposed Changes

    Under the proposed directives:
     Management efforts would be focused on portions of the 
groundwater system that if depleted or contaminated would adversely 
affect surface resources, such as groundwater-dependent ecosystems and 
present or future uses of water.
     Ground and surface water would be assumed to be 
hydraulically connected, unless demonstrated otherwise using site-
specific information.
     Implementation of appropriate water conservation measures 
would be required for Forest Service uses and special uses involving 
groundwater resources.
     The Forest Service and holders of special use 
authorizations involving large groundwater withdrawals and injections 
would be required to measure and report the volume of water pumped. 
Obtaining information about the nature, extent, and ongoing uses of 
groundwater resources on NFS lands would allow the Forest Service to 
manage those resources appropriately and sustainably.
     Consideration of the effects on the groundwater resources 
on NFS lands of all proposed and authorized groundwater uses would be 
required prior to authorization or reauthorization.
     A framework would be established for evaluating effects of 
existing and proposed uses of NFS lands on the associated groundwater 
resources, based upon a framework established in 2001 in a Forest 
Service Southwestern Region supplement to FSM 2540.
     Monitoring and mitigation would be required for major 
groundwater withdrawals and injections.
     In recognition of the uncertainty inherent in evaluation 
of impacts from uses on groundwater resources and the changing 
availability and distribution of those resources due to climate change, 
terms and conditions of special use authorizations involving 
groundwater withdrawals or injections would be modified, as 
appropriate, based upon the results from project monitoring.

Section-by-Section Analysis

2560.01--Authorities

    This proposed section enumerates the authority in statutes, 
regulations, executive orders, and directives for groundwater resource 
management on NFS lands.

2560.02--Objectives

    This proposed section would establish the objectives for 
groundwater resource management on NFS lands. Paragraph 1 would 
establish the objective of cooperatively managing groundwater with 
States to promote long-term maintenance or restoration of groundwater 
systems and the groundwater-dependent ecosystems they support.
    Paragraph 2 would establish the objective of collecting and 
distributing groundwater-related information for use in planning and 
decisionmaking.
    Paragraph 3 would establish the objective of evaluating all 
activities on and proposed uses of NFS lands for effects on groundwater 
resources and avoiding, minimizing, or mitigating adverse effects.
    Paragraph 4 would establish the objective of authorizing 
development and use of groundwater on NFS lands only when those uses 
adequately protect resources on those lands.

2560.03--Policy

    This proposed section would address the policies for groundwater 
management on NFS lands. Paragraph 1 would provide for focusing Forest 
Service groundwater resource management on those portions of the 
groundwater system that, if depleted or contaminated, would have an 
adverse effect on surface resources or present or future uses of 
groundwater.
    Paragraph 2 would provide for evaluation and management of surface 
and groundwater as a single hydraulically interconnected resource, 
unless it can be demonstrated that they are not, using site-specific 
information.
    Paragraph 3 would provide for evaluation and management of the 
combined surface and groundwater hydrological system on an appropriate 
spatial scale, taking into account surface water and groundwater 
watersheds, which may not be identical, and relevant aquifer systems.
    Paragraph 4 would provide for consideration of effects of proposed 
activities on groundwater resources. Specifically, paragraph 4a would 
provide for consideration of the effects

[[Page 25817]]

of proposed actions upon groundwater quantity, quality, and timing 
prior to approval of a proposed use or implementation of a Forest 
Service activity. Paragraph 4b would require use of appropriate 
science, technology, models, information, and expertise to address 
groundwater resources when revising or amending applicable land 
management plans and evaluating project alternatives. Paragraph 4c 
would provide that the Forest Service receive all groundwater 
monitoring data and information required by other permitting 
authorities and would require that the Forest Service appropriately 
utilize that information when evaluating effect from the project on 
groundwater resources. Paragraph 4d would provide for conducting, 
evaluating, and reporting of monitoring and mitigation appropriate to 
the scale and nature of potential effects when approving or authorizing 
a proposed use or Forest Service activity that has a significant 
potential to adversely affect groundwater resources on NFS lands.
    Paragraph 5 would provide that adverse impacts from Forest Service 
actions on groundwater resources and groundwater-dependent ecosystems 
located on NFS lands must be prevented, minimized, or mitigated to the 
extent practical, unless otherwise required by law.
    Paragraph 6 would address work with other entities and 
organizations on groundwater. Paragraph 6a would provide for management 
of groundwater quantity and quality on NFS lands in cooperation with 
appropriate State agencies, and, if applicable, the United States 
Environmental Protection Agency (EPA).
    Paragraph 6b would provide for collaboration with other Federal 
agencies, such as experts from the U.S. Geological Survey, State, 
tribal and local agencies, State geological surveys, universities, and 
industry and other appropriate organizations when locating, 
investigating, or assessing the hydrogeology and groundwater resources 
of NFS lands.
    Paragraph 6c would provide for submission of comments regarding 
proposed activities either on or off of NFS lands that may adversely 
affect groundwater resources on NFS lands to project proponents and to 
responsible local, State, tribal, or other Federal entities with the 
authority to regulate those activities.
    Paragraph 6d would provide for management of wellhead protection 
areas, source water protection areas, and critical aquifer protection 
areas that are formally designated pursuant to the provisions of the 
Safe Drinking Water Act (SDWA) or State equivalent in accordance with 
the procedures in regulations and directives governing municipal supply 
watersheds.
    Paragraph 6e would require water rights to be obtained under 
applicable State procedures for groundwater and groundwater-dependent 
surface water needed by the Forest Service; and would require 
authorization holders operating on NFS lands to obtain water rights 
under applicable State procedures.
    Paragraph 6f would provide for evaluation of all applications to 
States for water rights on NFS lands and those applications on adjacent 
lands that could adversely affect NFS groundwater resources and for 
identification of any potential injury to those resources or to Forest 
Service water rights under applicable State procedures.
    Paragraph 7 would address use of groundwater. Specifically, and 
consistent with the provisions of E.O. 13423 and E.O. 13514, paragraph 
7a would provide for efficient use of groundwater needed to meet NFS 
purposes, especially in water-scarce areas or during periods of 
drought.
    Paragraph 7b would provide for favoring development of suitable and 
available groundwater sources rather than surface water sources for 
drinking water at Forest Service administrative and recreational sites, 
due to the generally more stable water quality and quantity of 
groundwater sources.
    Consistent with existing special uses requirements, Paragraph 7c 
would encourage the use of water sources located off NFS lands when the 
water use is largely or entirely off NFS lands, unless the applicant is 
a public water supplier and the proposed source is located within a 
designated municipal supply watershed for that supplier.
    In accordance with the provisions of E.O. 13423 and E.O. 13514, 
paragraph 7d would require implementation of water conservation 
strategies in Forest Service administrative and recreational uses and 
incorporation of these strategies in operating plans for new and 
reissued special use authorizations involving groundwater withdrawals 
from high-capacity wells and for public drinking water systems at the 
time of issuance or reissuance of the authorization.
    Paragraph 8 would address measurement of groundwater withdrawals 
and injections on NFS lands, which is a key component of E.O. 13423 and 
the NSTC water strategy. Specifically, paragraph 8a would require 
measurement and reporting to the Forest Service of the quantity of 
water utilized for all public drinking water systems that withdraw 
water from NFS lands and that are classified as community water systems 
under the SDWA in applicable authorizations. For those affected public 
drinking water systems, this requirement would be added at the time of 
authorization, reauthorization, or modification. This requirement would 
be added to an existing authorization, if the authorization allows for 
amendment to incorporate new terms required by a directive at the 
discretion of the authorized officer or if the holder consents.
    Paragraph 8b would require measurement and reporting of the 
quantity of water utilized for all groundwater withdrawals from high-
capacity wells located on NFS lands (including those sourced from 
springs) in applicable authorizations. Withdrawals would not have to be 
measured or reported from wells equipped only with a hand or windmill 
pump. For those affected wells, this requirement would be added at the 
time of authorization, reauthorization, or modification. This 
requirement would be added to an existing authorization, if the 
authorization allows for amendment to incorporate new terms required by 
a directive at the discretion of the authorized officer or if the 
holder consents.
    Paragraph 8c would require measurement and reporting of flows for 
all large water-injection wells located on NFS lands that open into a 
geologic formation containing fresh water (involving less than 1000 
parts per million total dissolved solids) in applicable authorizations. 
For those affected wells, this requirement would be added at the time 
of authorization, reauthorization, or modification. This requirement 
would be added to an existing authorization, if the authorization 
allows for amendment to incorporate new terms required by a directive 
at the discretion of the authorized officer or if the holder consents.
    Paragraph 9 would address compliance with groundwater requirements. 
In particular, paragraph 9a would provide for prevention of groundwater 
contamination by following applicable Federal, State, and local 
requirements and the applicable provisions of the Forest Service's 
Health and Safety Code Handbook and applying best management practices 
for all Forest Service activities involving transporting, storing, 
mixing, and applying pesticides and other potentially toxic or 
hazardous materials; cleaning, repairing and fueling equipment; and 
disposing of fuels,

[[Page 25818]]

lubricants, pesticides, or other potentially toxic or hazardous 
materials.
    Paragraph 9b would require all Forest Service uses and activities 
that are authorized or to be authorized and that involve water wells 
(including monitoring wells) to be in compliance with applicable 
Federal, State, or local standards or, as applicable, American Society 
for Testing and Materials (ASTM), American Water Works Association 
(AWWA), National Ground Water Association (NGWA), or other water well 
industry standards for the design, construction, and abandonment of 
wells. This requirement would be added to existing and new 
authorizations for affected water wells.
    Paragraph 9c would require that wells that are no longer needed or 
maintained to be abandoned in compliance with applicable Federal, 
State, or local standards or, as applicable, ASTM, AWWA, NGWA, or other 
water well industry standards for decommissioning wells. This 
requirement would be added to existing and new authorizations for 
affected water wells.
    Paragraph 9d would require all Forest Service uses and activities 
that are authorized or to be authorized and that involve on-site 
wastewater systems, including septic systems and holding tanks, to be 
in compliance with applicable Federal, State, or local standards for 
the design, construction, operation, and maintenance of wastewater 
systems. This requirement would be added to existing and new 
authorizations for affected on-site wastewater systems.
    In accordance with E.O. 13423 and E.O. 13514, paragraph 9e would 
require installation of appropriate water conservation equipment and 
utilization of suitable water conservation practices at all federally 
owned facilities.
    Paragraph 9f would require Forest Service-operated drinking water 
systems that use groundwater to comply with EPA's National Primary 
Drinking Water Regulations, including the National Primary Drinking 
Water Standards. Paragraph 9f also would provide for holders that 
operate public drinking water systems using water wells located on NFS 
lands to comply with the National Primary Drinking Water Standards and 
to submit the results of any required monitoring to the Forest Service.
    Paragraph 9g would require compliance with applicable State and EPA 
SDWA regulations in evaluating whether a groundwater source of drinking 
water is under the direct influence of surface water.
    Paragraph 9h would require compliance with applicable Federal, 
State, tribal, and local requirements for wellhead and critical aquifer 
protection and underground injection control, including septic systems. 
Paragraph 9h also would require all underground injection wells 
(Classes I through V under the SDWA) on NFS lands to be inventoried 
with the appropriate State agency or EPA.
    Paragraph 9i would require management of groundwater resources in 
municipal supply watersheds per applicable regulations and directives.
    Paragraph 10 would address cleanup of contaminated groundwater. 
Specifically, paragraph 10a would require use of the procedures in FSM 
2160 to conduct the appropriate response to contaminated groundwater or 
a potential threat of contamination of groundwater and to notify the 
National Response Center, as appropriate.
    Paragraph 10b would require the use of the Forest Service's 
authority under the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) to ensure clean up of contaminated 
groundwater or otherwise respond to a potential threat of contamination 
resulting from a release or threat of a release of a hazardous 
substance, pollutant, or contaminant that presents an imminent and 
substantial danger to the public health or welfare.
    In circumstances where exercise of Forest Service CERCLA authority 
may not be appropriate, paragraph 10c would require working with EPA or 
other Federal agencies under other applicable authorities, such as the 
Resource Conservation and Recovery Act, Surface Mining Control and 
Reclamation Act, or Clean Water Act, or working with States under 
applicable State authority to clean up contaminated groundwater or 
otherwise respond to a potential threat of contamination resulting from 
a release or threat of a release of a hazardous substance, pollutant, 
contaminant, or petroleum or petroleum product.
    Paragraph 11 would address land valuation and groundwater. This 
proposed section would require that an appropriate assessment of 
potential groundwater availability be conducted by qualified 
groundwater personnel as part of the appraisal process when water 
availability may be of significance on NFS lands proposed for a land 
exchange.

2560.04--Responsibility

    This proposed section delineates the duties of the specified Forest 
Service officials for implementation of the proposed groundwater 
policy.

2560.05--Definitions

    This proposed section includes definitions of technical terms used 
in the proposed directive. There are a substantial number of 
definitions, and most are straightforward or standard in the field of 
groundwater science. The other material definitions follow.
    Groundwater-dependent ecosystems would be defined to be communities 
of plants, animals, and other organisms that depend on access to or 
discharge of groundwater, such as springs, fens, seeps, areas of 
shallow groundwater, cave and karst systems, hyporheic and hypolentic 
zones, and groundwater-fed lakes, streams, and wetlands.
    A high-capacity well would be defined as a well, a set of wells 
located within a limited area and accessing the same aquifer or spring 
system, or a spring development that is or is capable of withdrawing 
water at a continuous rate of 35 gallons per minute (equivalent to 
50,400 gallons per day; 6,737 cubic feet per day; or 0.15 acre-feet per 
day) or greater based upon a capacity test, pumping test, or measured 
or estimated daily water usage. Non-artesian wells accessed only using 
a hand or windmill pump would be excluded from the definition of high-
capacity wells. This definition would be consistent with the approach 
taken by most States that have defined non-irrigation high-capacity 
wells for water management purposes, and the flow rate in the 
definition is within the range of values established by those States. 
This flow rate is larger than that generally necessary to supply water 
to a single household and many small recreational enterprises.
    A large water injection well would be defined to be an injection 
well utilized for water or wastewater that has a casing with an inside 
diameter of 4 inches or more. This casing size would be larger than 
that of most on-site wastewater disposal systems.
    A publicly accessible water supply would be defined to be a water 
supply that is used to provide drinking water or water of potable or 
near-potable quality to a business, organization, or unit thereof; to a 
water distribution system that services more than one property, 
facility, or lease; or to a governmental facility, and that is not to 
be confused with a ``public water system'' defined in Forest Service 
policy and the SDWA.
    A written authorization would be defined to be a grazing permit, 
plan of operations, special use authorization, or other type of written 
instrument issued by the Forest Service that authorizes the use and 
occupancy of NFS lands and resources subject to certain terms and 
conditions set forth in the instrument.

[[Page 25819]]

2560.08--References

    This proposed section would reference the Forest Service Technical 
Guide to Managing Ground Water Resources, FS-881, May 2007 (Technical 
Guide).

2561--Consideration of Groundwater Resources in Agency Projects, 
Approvals, and Authorizations

    This proposed section would establish procedures for addressing 
consideration of the effects on groundwater resources on NFS lands 
during decisionmaking for agency projects, approvals, and 
authorizations. This proposed section would address the potential 
effects on groundwater resources from the conjunctive use of 
groundwater and surface water, minerals development, and tunneling 
operations and the potential effects on groundwater quality from other 
authorized uses.
    In particular, paragraph 1 would require the Forest Service to 
assume that groundwater and surface water are hydrologically connected, 
unless demonstrated otherwise using site-specific data. This assumption 
is consistent with scientific understanding of the role and importance 
of groundwater in the planet's hydrological cycle.
    Paragraph 2 would require the Forest Service to assess the 
potential for proposed projects, approvals, and authorizations to 
affect groundwater resources on NFS lands prior to implementation or 
approval. In addition, if there is a high probability of substantial 
impact on groundwater resources on NFS lands, an evaluation of those 
potential impacts must be conducted in a manner appropriate to the 
scope and scale of the proposal.
    Paragraph 3 would require the Forest Service to include in new and 
reissued written authorizations, terms that require the holder to 
provide the Forest Service all groundwater monitoring data and 
information collected in compliance with applicable local, State, and 
other Federal requirements.

2561.1--Conjunctive Uses of Groundwater and Surface Water

    For proposed actions involving the conjunctive use of groundwater 
and surface water, paragraph 1 would require the Forest Service to 
consider the effects of the actions upon water resources, including but 
not limited to the effect on quantity, quality, timing, and spatial 
distribution. In addition, paragraph 2 would require the Forest Service 
to evaluate effects on water resources from proposed conjunctive uses 
through a hydrological assessment of the project area. Conjunctive use 
of groundwater and surface water for water supply needs can maximize 
the productive use of limited supplies of water. However, depending on 
the specifics of the system and its hydrological setting, the potential 
exists for substantial impacts on aquifer water quality and on the 
viability of linked groundwater-dependent ecosystems. These provisions 
would help ensure that these concerns are adequately addressed in 
Forest Service decisionmaking.

2561.2--Minerals and Energy Development

    This proposed section would apply to Forest Service actions 
involving locatable and leasable mineral mining; mineral materials 
development; oil, gas, and coal-bed methane development; and geothermal 
development. In addition, this proposed section would require the 
Forest Service for mining purposes to work with the appropriate entity 
under the SDWA to make sure that written authorizations for minerals or 
energy development appropriately address compliance with the 
Underground Injection Control Program. If not conducted appropriately, 
minerals and energy development activities have the potential to 
adversely affect groundwater resources on NFS lands. These provisions 
would help ensure that such concerns are adequately addressed in Forest 
Service decisionmaking.

2561.21--Locatable Mineral Mining

    This proposed section would require that groundwater resources be 
addressed appropriately at both existing and proposed locatable mineral 
mines. The section would clarify that allowing use of groundwater for 
mining is a discretionary action to be addressed through authorization 
in the mining Plan of Operations. Facilities at existing mines would be 
evaluated as potential sources of groundwater contamination and would 
be monitored appropriately. Prior to approval, plans of operation for 
proposed mines would have to include provisions for appropriate 
operating procedures, facility designs, bonding, and groundwater 
monitoring. In reviewing a plan of operations for a proposed mine, the 
Forest Service would have to evaluate the mine's potential to adversely 
affect groundwater resources.

2561.22--Leasable Mineral Mining

    This proposed section would require the Forest Service to consider 
the potential for proposed leasable mineral mines to adversely affect 
groundwater resources and to recommend to the leasing and permitting 
agencies appropriate lease terms, design modifications, and approval 
conditions, as applicable, to protect groundwater resources on NFS 
lands.

2561.23--Mineral Materials Development

    This proposed section would require the Forest Service to consider 
the effects on groundwater resources of proposed mineral materials 
development, such as sand and gravel operations and landscaping stone 
quarries, prior to approval. Additionally, the Forest Service would be 
required to include appropriate terms to protect groundwater resources 
in any new contracts or authorizations for mineral materials 
development.

2561.24--Oil, Gas, and Coal-Bed Natural Gas Operations

    This proposed section would require the Forest Service to work with 
the Bureau of Land Management (BLM) to gather relevant information 
regarding oil, gas, and coal-bed natural gas operations. Evaluation of 
the potential effects of oil, gas, and coal-bed natural gas exploration 
and development on groundwater resources would be required prior to 
consenting to lease NFS lands and prior to approving surface use plans 
of operations for those purposes. A specific geological and 
hydrogeological assessment would be required for leasing or development 
of non-traditional shallow natural gas, such as coal-bed methane. The 
Forest Service would be required to work with BLM and the appropriate 
Clean Water Act and SDWA agencies to develop terms for leases and 
surface use plans of operations, when necessary, for monitoring and 
protecting water resources on NFS lands during oil, gas, and coal-bed 
natural gas exploration and development. Additionally, the Forest 
Service would be required to work with BLM and the appropriate SDWA 
agency to evaluate the capability of local geological formations to 
accept injected production waters from oil, gas, and coal-bed natural 
gas development operations.

2561.25--Geothermal Resource Operations

    This proposed section would require the Forest Service to work with 
BLM to gather relevant information regarding geothermal operations. 
Evaluation of the potential effects of geothermal exploration and 
development on groundwater resources would be required prior to 
consenting to lease

[[Page 25820]]

NFS lands and prior to approving surface use plans of operations for 
that purpose. The Forest Service would be required to provide to BLM 
appropriate terms for geothermal leases and recommendations for 
geothermal authorizations to protect groundwater resources. 
Additionally, the Forest Service would be required to work with BLM and 
the appropriate SDWA agency to evaluate the capability of local 
geological formations to accept injected production waters from 
geothermal development operations.

2561.3--Tunneling Operations

    This proposed section would require the Forest Service to evaluate 
proposed tunneling operations beneath NFS lands that are not approved 
as part of an authorized minerals or energy development for their 
potential to affect water resources on NFS lands. The Forest Service 
would be required to conduct environmental analyses that include 
evaluation of groundwater resources, as appropriate to the proposal and 
its setting. In addition, the Forest Service would be required to 
utilize appropriate expertise to address potential issues associated 
with tunneling projects. If not conducted appropriately, tunneling 
activities have the potential to adversely affect groundwater resources 
on NFS lands. These provisions would help ensure that these concerns 
are adequately addressed in Forest Service decisionmaking.

2561.4--Effects of Authorized and Administrative Uses on Groundwater 
Quality

    This proposed section would provide that before authorizing uses 
that are not approved as part of an authorized minerals or energy 
development or conducting activities with a significant potential to 
adversely affect groundwater quality, the Forest Service must perform 
appropriate analyses, understand the range of potential impacts, and 
develop appropriate monitoring and mitigation measures. In addition, 
this section would require the Forest Service to encourage these 
activities to be sited on non-NFS lands. If not conducted 
appropriately, many uses of NFS lands have the potential to adversely 
affect the quality of groundwater on NFS lands. These provisions would 
help ensure that such concerns are adequately addressed in Forest 
Service decisionmaking.

2562--Source Water Protection and Water Supplies

    This proposed section would require the Forest Service to work with 
EPA, State and local governments, tribes, drinking water providers, and 
holders of special use authorizations to protect drinking water systems 
located entirely or partially on NFS lands through delineation and 
appropriate management of source water protection areas under the SWDA 
and applicable State law.
    In addition, this proposed section would clarify that NFS lands 
designated as source water protection areas under the SWDA or 
applicable State law should be managed in accordance with regulations 
and directives governing management of municipal supply watersheds. 
This proposed section would encourage treatment of degraded water in 
lieu of siting new water supplies on NFS lands.
    Source water management and protection are necessary for the 
sustainability of NFS lands. The provisions of this section would 
reinforce their significance in Forest Service decisionmaking.

2562.1--Authorizations for Water Supply Facilities

    This proposed section would clarify the existing requirement that 
public water suppliers and other proponents and applicants for 
authorizations involving water supply facilities on NFS lands provide 
an evaluation of all other reasonable alternatives to the Forest 
Service before authorizing access to new water sources or increased 
capacity at existing water sources on NFS lands, unless the proposed 
use is entirely on NFS lands or the proponent or applicant is a public 
water supplier and the proposed water source is located in a designated 
municipal watershed. In addition, this proposed section would require 
all Forest Service uses and activities that are authorized or to be 
authorized and that involve a water supply to have water conservation 
strategies for limiting total water withdrawals from NFS lands, as 
deemed appropriate by the authorized officer depending on the type of 
use; existing administrative and other authorized uses in the area; the 
physical characteristics of the setting; and other relevant factors. 
For those affected water supply uses authorized or to be authorized 
under a special use authorization, this requirement would be added at 
the time of issuance or reissuance of the authorization or approval of 
modification of the authorized use. This requirement would be added to 
an existing authorization, if the holder consents.

2562.11--Siting of Water Supply Facilities in Response to Water Supply 
Emergencies

    This proposed section would require that local public water 
suppliers develop safeguards, contingencies, and, when possible, plans 
that can serve as an acceptable permanent solution when proposing to 
develop new or expanded water supply facilities on NFS lands in 
response to emergency water supply shortages.

2563--Authorizations Involving Water Wells or Water Pipelines

    This proposed section would apply only to water wells or water 
pipelines that are authorized under special use authorities. This 
proposed section would not apply to water wells and water pipelines 
authorized under other statutes, such as minerals and energy laws. 
Water wells and spring developments, both on and adjacent to NFS lands, 
have the potential to substantially affect ground and surface waters 
and the ecosystems they support well beyond the area in proximity of 
the water withdrawal. These provisions would help ensure that such 
concerns are adequately addressed in Forest Service decisionmaking.
    The Technical Guide contains some case studies of water well 
proposals in the Forest Service Southwestern Region and includes a flow 
chart (fig. 1 of the Technical Guide) illustrating the decisionmaking 
process from proposal to authorization of a use. Note that FSM 2560 is 
referred to as FSM 2543 in the Technical Guide.

2563.1--General Requirements for Authorizing Water Wells and Water 
Pipelines

    This proposed section would clarify that existing policy regarding 
special uses of NFS lands applies to proposed uses of water resources.

2563.2--Pre-Proposal Meetings for Proponents of New Water Wells or 
Water Pipelines

    This proposed section would establish procedures for evaluating 
special use proposals for water wells or water pipelines to minimize 
the resources expended by both proponents and the Forest Service. In 
addition, this proposed section would provide that the Forest Service 
must require proponents of new water wells or water pipelines to submit 
copies of other water-related permits, approvals, and compliance 
documentation required for the proposed project.

[[Page 25821]]

2563.3--Requirements for Proposals Involving New Water Wells or Water 
Pipelines

    This proposed section would reinforce that proposed uses of water 
resources are subject to existing policy regarding denying approval of 
special uses when they could be conducted on non-NFS lands and NFS 
lands are proposed merely because they afford a lower cost or less 
restrictive location. In addition, this proposed section would clarify 
the information needed to complete second-level screening of proposals 
for water wells or water pipelines. These clarifications would help 
both the Forest Service and proponents better understand expectations 
for proposals for use of groundwater resources, respond consistently, 
and better plan for and minimize costs.
    Specifically, paragraph 2a would require the Forest Service to 
ensure that proposals identify current and anticipated quantities of 
water involved and, for water withdrawals, the beneficial uses of the 
water. If a proponent seeks to inject water into a geological formation 
containing fresh water, the Forest Service would have to ensure that 
the proposal identify the quantity, sources, and quality of both the 
proposed source of the injection and the receiving waters and the 
likely effects on NFS resources. In addition, the Forest Service would 
have to ensure that proponents of all community water systems, high-
capacity wells, and injection wells that open into geological 
formations containing fresh water propose to equip the water systems 
and wells with flow metering devices and to maintain the devices in 
good working order.
    Paragraph 2b would require the Forest Service to ensure that any 
proposal to withdraw groundwater underlying NFS lands using a well or 
set of wells within a limited area or from springs on NFS lands include 
the use of appropriate water conservation measures.
    Paragraph 2c would require the Forest Service to ensure that 
proposals for water wells or water pipelines include sufficient 
information, including a description of the geological and hydrological 
setting and the drilling methods to be employed, to demonstrate that 
there is a reasonable likelihood of successfully completing any water 
wells proposed to be located on NFS lands and adequately mitigating any 
associated resource damage from drilling activities.
    Paragraph 2d would require the Forest Service to ensure that 
proposals for water wells or water pipelines identify anticipated 
associated facilities, such as roads, power lines, pipelines, water 
storage tanks, runoff control basins, and pumping stations, that are 
expected to be needed to produce, inject, or convey water on or across 
NFS lands.
    Paragraph 2e would require the Forest Service to ensure that 
proposals for water wells or water pipelines identify key resources and 
existing water withdrawals in the vicinity of the proposed project to 
allow for evaluation of its potential to adversely affect NFS resources 
and facilities and neighboring non-NFS water supplies.

2563.4--Requirements for All Applications Involving Water Wells or 
Water Pipelines

    This proposed section would clarify procedures for applicants for 
proposed uses of NFS lands involving water wells or water pipelines. In 
particular, paragraphs 1 and 2 would clarify that applicants for water 
wells and water pipelines are responsible for informing the Forest 
Service of any State and local water permits that are necessary for the 
proposed activity and that issuance of an authorization by the Forest 
Service is contingent upon the applicant receiving all necessary State 
and local water-related approvals.
    Paragraphs 3 and 4 would require applicants to evaluate potential 
impacts upon groundwater and surface water resources from new water 
wells and injection wells that would be drilled on NFS lands and new 
pipelines that would transport water across NFS lands.
    Paragraph 5 would clarify existing policy that Forest Service 
CERCLA response actions are not subject to NEPA procedures. Paragraph 6 
would clarify that any application that would compromise groundwater 
resources on NFS lands would be denied.

2563.5--Additional Requirements for Applications for Certain Water 
Supplies

    This section would require the Forest Service to ensure that 
applicants for new or reissued authorizations for publicly accessible 
water supplies that utilize high-capacity wells submit a water supply 
development and operation plan that would be subject to the approval of 
the authorized officer. This provision would help both the Forest 
Service and the holder understand the nature of the water sources 
involved and would enhance the Forest Service's ability to manage them 
appropriately. The water supply development and operation plan would 
have to:
    a. Address development and implementation of source water 
protection plans for water supply wells and well fields used for 
drinking water in accordance with applicable State and local 
procedures.
    b. Characterize the groundwater systems from which the water is 
sourced and connections to surface water at a scale and resolution 
appropriate to the water withdrawal.
    c. Provide for periodic water quality monitoring at each water 
source and, as appropriate, at nearby potential contaminant sources, 
including any CERCLA or equivalent State removal or remediation sites.
    d. Provide for regular reporting to the Forest Service in an 
electronic format acceptable to the agency of the results of all 
monitoring and testing, including monitoring and testing required by 
local, State, or other Federal agencies.
    e. Include a copy of all water-related permits or approvals 
required by local, State, or other Federal agencies or, if pending, the 
applications for those permits or approvals.
    f. Include a contingency plan addressing safeguarding of 
facilities, provision of alternate water supplies, and response to 
potential contamination.

2563.6--Additional Analyses for Applications Involving Water Wells or 
Water Pipelines

    This proposed section would establish additional procedures for 
testing and analysis that would apply case by case when evaluating 
applications for new uses that include high-capacity water wells, water 
wells with the potential to adversely affect important groundwater-
dependent ecosystems, or pipelines crossing NFS lands or when 
evaluating applications involving modifications to existing uses 
involving these water wells or pipelines. This proposed section would 
establish consistent procedures for evaluation of complex applications 
involving the use of groundwater resources on NFS lands. This proposed 
section is based upon existing procedures established in the Forest 
Service Southwestern Region supplement to FSM 2540.

2563.7--Terms and Conditions in Special Use Authorizations for Water 
Wells and Water Pipelines

    This section would require inclusion of a provision in new or 
reissued special use authorizations involving water wells and water 
pipelines that allows modification of their terms and conditions at the 
discretion of the authorized officer if:
    1. Deemed necessary to comply with applicable laws or regulations, 
the applicable land management plan, or project decisions implementing 
a land

[[Page 25822]]

management plan pursuant to 36 CFR part 215; or
    2. Deemed necessary, based on a written analysis conducted by 
qualified groundwater personnel, an aquatic biologist, or another 
similarly trained professional of the results of monitoring, to prevent 
the authorized groundwater withdrawals or injections from significantly 
reducing the quantity or unacceptably modifying the quality of surface 
or groundwater resources on NFS lands.
    The provisions of this section are crucial to the Forest Service's 
ability to manage NFS lands using the principles of adaptive 
management; no one can foresee all exigencies--especially those related 
to climate change. The Forest Service believes that the scope of these 
provisions is appropriately limited to protect holders and their 
investments from unnecessary and unreasonable modifications to the 
terms of new and reissued authorizations for water wells and water 
pipelines.

2563.8--Monitoring and Mitigation for Water Wells and Water Pipelines

    This proposed section would provide guidance to the Forest Service 
and authorization holders regarding consistent application and use of 
monitoring and mitigation to evaluate and protect groundwater resources 
on NFS lands. The Forest Service believes that this approach to 
monitoring and mitigation is reasonable and consistent with approaches 
used by other governmental agencies with responsibilities to protect 
and manage water resources.
    Paragraph 1 would provide that all new or reissued authorizations 
involving water wells or water pipelines that have a substantial 
potential to adversely affect groundwater resources on NFS lands be 
monitored in a manner appropriate to the scale and nature of the 
potential effects. Paragraph 2 would provide that mitigation measures 
be incorporated where appropriate to protect NFS resources and that 
those measures be monitored and evaluated. Paragraph 3 would require 
holders of authorizations that involve monitoring or mitigation to 
address implementation of mitigation measures and monitoring of those 
measures in their operating plan.
    Paragraph 4 would require that if monitoring detects insufficiency 
of mitigation measures or additional or unforeseen adverse impacts on 
NFS resources from groundwater withdrawals or injections, the Forest 
Service notify the holder and work with the holder to identify 
alternative mitigation measures that adequately protect NFS resources. 
In addition, paragraph 4 would provide for adding monitoring or 
mitigation measures, changing or limiting the activities authorized, 
modifying the holder's operations, or otherwise modifying the terms and 
conditions of the authorization if deemed necessary, based on an 
analysis conducted by qualified groundwater personnel, an aquatic 
biologist, or another similarly trained professional of the results of 
monitoring, to prevent the authorized groundwater withdrawals or 
injections from significantly reducing the quantity or unacceptably 
modifying the quality of surface or groundwater resources on NFS lands.
    Paragraph 5 would provide that if monitoring or mitigation is not 
conducted as required by the authorization, the Forest Service would 
provide notice and an opportunity to correct the deficiencies and take 
appropriate action in accordance with applicable regulations and the 
special use authorization.

2564--Measuring and Reporting Volume of Extracted or Injected Water

    This proposed section would require holders of new and reissued 
special use authorizations involving water uses to:
    1. Measure in gallons per day or liters per day, on a continuous 
basis, the volume of groundwater extracted for all public water systems 
classified as community water systems and for all Forest Service and 
other authorized uses that involve a high-capacity well. Measurement of 
withdrawals from wells equipped only with a hand or windmill pump would 
not be required.
    2. Measure in gallons per day or liters per day, on a continuous 
basis, the volume of water injected into the ground from wells on NFS 
lands that have a casing with an inside diameter of 4 inches or more.
    3. Report measured groundwater withdrawals and injections 
quarterly, or more frequently if appropriate, in an electronic format 
acceptable to the Forest Service.
    4. Report to the Forest Service on the same timetable in an 
electronic format acceptable to the Forest Service any groundwater 
withdrawal, injection, or use that is reported to State or local 
authorities.
    5. Holders of existing authorizations would be required to measure 
and report groundwater withdrawals and injections at the time of 
reissuance of the authorization or approval of modification of the 
authorized use. This requirement would be added to an existing 
authorization, if the holder consents.
    Withdrawal from the groundwater and injection into the groundwater 
have the potential to substantially affect ground and surface waters 
and the ecosystems they support well beyond the area in proximity to 
the withdrawal or injection. To understand and appropriately manage 
groundwater use on NFS lands under future constraints of climate and 
land use changes and increasing societal needs for water, the Forest 
Service needs to know the current State of the resource and the extent 
of its use. These proposed provisions would help ensure that 
appropriate information is available for Forest Service decisionmaking. 
The Forest Service recognizes that limiting measurement and reporting 
to those wells or sets of wells that meet the definition of a high-
capacity well will result in the loss of some information on 
groundwater uses on NFS lands. Following implementation and the 
development of better information on groundwater use on NFS lands, the 
Forest Service will evaluate whether wells that do not meet the 
definition of a high-capacity well should also be required to measure 
and report. Items 1 through 3 above would not apply to authorized 
minerals or energy development on NFS lands.

2565--Cleanup of Contaminated Groundwater

    This proposed section would clarify Forest Service responsibilities 
to address cleanup of contaminated groundwater on NFS lands under 
existing authorities.

2566--Information and Data Management for Groundwater

    This proposed section would clarify Forest Service responsibilities 
to collect and manage groundwater data using servicewide data standards 
and systems.

2567--Legal Considerations in Managing Groundwater Resources

    This proposed section would emphasize the need to work 
cooperatively with States and other appropriate entities to manage 
groundwater resources on NFS lands and to ensure that applicable 
Federal statutes are appropriately implemented.
    Paragraph 1 would provide for working cooperatively with State 
agencies to ensure that applicable State and Federal water-related laws 
and regulations are implemented on NFS lands so as to allow the Forest 
Service to provide for multiple uses such as outdoor recreation, 
authorized special uses and livestock grazing, and fish and wildlife 
management. Paragraph 1 also would provide for negotiation and

[[Page 25823]]

collaboration with appropriate State agencies whenever possible, 
including establishing a process for mutual consultation on 
groundwater-related issues on NFS lands.
    Paragraph 2 would require compliance with the rules promulgated 
under the SDWA, including those governing underground injection 
control, and other applicable Federal laws and regulations to protect 
groundwater resources on NFS lands.
    Paragraph 3 would require the Forest Service to comply with 
applicable direction and applicable State law when filing groundwater 
use claims during State water rights adjudications and administrative 
proceedings. Paragraph 3 also would require application of the 
Reservation or Winters Doctrine to groundwater, as well as surface 
water, consistent with the purposes of the Organic Administration Act, 
the Wild and Scenic Rivers Act, and the Wilderness Act.
    Paragraph 4 would require the Forest Service to work cooperatively 
with the Department of the Interior and affected tribes during tribal 
water settlement negotiations involving NFS groundwater resources.
    Paragraph 5 would require consultation with the Office of the 
General Counsel whenever specific questions arise regarding groundwater 
laws and regulations and would reference a source for additional 
guidance and information on laws, rules, regulations, and case law 
related to groundwater in the 43 States and territories containing NFS 
lands.

2568--Strategies for Sustaining Groundwater Resources

    This proposed section would provide guidance on sustainable 
management of groundwater resources on NFS lands. In particular, this 
proposed section would provide for:
    1. Collaboration with State, local, and other Federal agencies and 
Tribes to sustain the availability and usability of groundwater over 
the long term through the use of conventional and innovative 
approaches.
    2. Consideration of conjunctive use of surface and groundwater, 
artificial recharge of water, and appropriate use of recycled and 
reclaimed water where those approaches also protect the quality of the 
receiving water and affected water-dependent ecosystems.
    3. Protection of local groundwater resources through utilization of 
one or more of the following conventional strategies where impacts on 
surface and groundwater resources are deemed acceptable:
    a. Modification of rates or spatial patterns of groundwater 
withdrawal.
    b. Use of water sources other than local groundwater or importation 
of surface or groundwater from outside the basin where laws, water 
quality, and channel conditions allow.

Regulatory Certifications

Environmental Impact

    This proposed directive would establish direction for management of 
groundwater resources on NFS lands as a component of watersheds. 
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180, 
September 18, 1992) excludes from documentation in an environmental 
assessment or environmental impact statement rules, regulations, or 
policies to establish Service-wide administrative procedures, program 
processes, or instructions. The Agency's assessment is that this 
proposed directive falls within this category of actions and that no 
extraordinary circumstances exist which would require preparation of an 
environmental assessment or environmental impact statement.

Regulatory Impact

    This proposed directive has been reviewed under USDA procedures and 
E.O. 12866 on regulatory planning and review. It has been determined 
that this is not a significant directive. This directive would not have 
an annual effect of $100 million or more on the economy, nor would it 
adversely affect productivity, competition, jobs, the environment, 
public health or safety, or State or local governments. This proposed 
directive would not interfere with an action taken or planned by 
another agency, nor would it raise new legal or policy issues. Finally, 
this proposed directive would not alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of beneficiaries of those programs. Accordingly, this 
proposed directive is not subject to review by the Office of Management 
and Budget under E.O. 12866.
    This proposed directive has been considered in light of the 
Regulatory Flexibility Act (5 U.S.C. 602 et seq.). This proposed 
directive would have the potential to have economic impacts on small 
entities. Therefore, a preliminary regulatory flexibility analysis was 
conducted using available information on existing special use 
authorizations and small business receipts. Based on (1) the relatively 
low number of special use authorizations potentially affected, (2) the 
relatively low percentage of annual costs as a percentage of annual 
receipts for small businesses, and (3) the uncertainty and conservative 
assumptions associated with estimates of costs and small entity 
populations, the results suggest that impacts on small entities from 
the proposed directive would not be significant or substantial. Any 
additional data the Agency is able to obtain about ranges of costs, as 
well as populations of small entities associated with special use 
authorizations affected by the proposed directive, should help confirm 
these observations and provide information to guide any necessary 
additional mitigation of potential impacts under the final directive. 
Based upon the preliminary regulatory flexibility analysis and any 
additional analyses that may be conducted prior to publication of the 
final directive, the Forest Service believes that it will be able to 
certify that the final directive will not have a significant economic 
impact on a substantial number of small entities.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Forest Service has considered this proposed directive under the 
requirements of E.O. 13132 on federalism. The Agency has determined 
that the proposed directive conforms with the federalism principles set 
out in this E.O.; would not impose any compliance costs on the States; 
and would not have substantial direct effects on the States, on the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the Agency has determined that no further 
determination of federalism implications is necessary at this time.
    The Forest Service has initiated tribal consultation per E.O. 
13175, Consultation and Coordination with Indian Tribal Governments. 
The consultation period is anticipated to extend through the duration 
of the public comment period, for at least 120 days.

No Takings Implications

    This proposed directive has been analyzed in accordance with the 
principles and criteria in E.O. 12630. It has been determined that this 
proposed directive does not pose the risk of a taking of private 
property.

Civil Justice Reform

    This proposed directive has been reviewed under E.O. 12988 on civil 
justice reform. After adoption of this proposed directive, (1) all 
State and

[[Page 25824]]

local laws and regulations that conflict with this proposed directive 
or that impedes its full implementation would be preempted; (2) no 
retroactive effect would be given to this proposed directive; and (3) 
it would not require administrative proceedings before parties may file 
suit in court challenging its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the agency has assessed the effects of this proposed 
directive on State, local, and tribal governments and the private 
sector. This proposed directive would not compel the expenditure of 
$100 million or more by any State, local, or tribal government or 
anyone in the private sector. Therefore, a statement under section 202 
of the Act is not required.

Energy Effects

    This proposed directive has been reviewed under E.O. 13211 of May 
18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply. The Agency has determined that this proposed directive 
does not constitute a significant energy action as defined in the E.O.

Controlling Paperwork Burdens on the Public

    This proposed directive may contain recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 that are not already required by law or already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 may apply. The Forest Service has 
identified three existing approved information collections that may be 
affected by this proposed directive: 0596-0022, Locatable Minerals; 
0596-0081, Disposal of Mineral Materials; and 0596-0082, Special Use 
Administration. Any change in the approved information collection and 
increases in burden under the final directive will be addressed at the 
time of regularly scheduled renewal of or through an amendment to the 
approved information collection.

Text of the Proposed Directive

    Reviewers may obtain a copy of the proposed directive from the 
Forest Service Minerals and Geology Management Staff Web site, https://www.fs.fed.us/geology/groundwater, or from the Regulations.gov Web 
site, https://www.regulations.gov.

    Dated: April 30, 2014.
Robert Bonnie,
Under Secretary, NRE.
[FR Doc. 2014-10366 Filed 5-5-14; 8:45 am]
BILLING CODE 3411-15-P