Notice, Comment, and Appeal Procedures for National Forest System Projects and Activities and Project-Level Predecisional Administrative Review Process, 44291-44293 [2014-18019]
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
Dated: June 20, 2014.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
Act of 2014, Public Law 113–76, 128
Stat. 5 (January 17, 2014) and the
Agricultural Act of 2014, Public Law
113–79, 128 Stat. 649 (February 7,
2014). Further, technical amendments
are made to update the legislative
authority provision for Part 218 of Title
36 of the Code of Federal Regulations
and to include a statutory prohibition
contained in the referenced legislation
in 36 CFR 218.23(a). This rulemaking is
ministerial in nature.
[FR Doc. 2014–18081 Filed 7–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 215 and 218
RIN 0596–AD18
Notice, Comment, and Appeal
Procedures for National Forest System
Projects and Activities and ProjectLevel Predecisional Administrative
Review Process
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
The U.S. Department of
Agriculture (Department) issues this
final rule to amend regulations
concerning administrative reviews
(appeals and objections) for projects or
activities that are categorically excluded
under the National Environmental
Policy Act. The combined effect of the
Consolidated Appropriations Act of
2014 and the 2014 Farm Bill makes the
36 CFR Part 215 regulations (postdecisional appeals) obsolete and permits
withdrawal in their entirety. An
amendment is also made to update the
legislative authority provision for 36
CFR Part 218 (pre-decisional objections)
and to include a statutory prohibition
contained in the referenced legislation.
The final rule enables the Department to
meet the intent of Congress.
DATES: This rule is effective July 31,
2014.
FOR FURTHER INFORMATION CONTACT:
Deborah Beighley, Assistant Director,
Judicial and Administrative Review,
Ecosystem Management Coordination
staff, at 202–205–1277 or via email at
dbeighley@fs.fed.us, or Joel Strong,
National Litigation Coordinator, Judicial
and Administrative Review, Ecosystem
Management Coordination staff, at 202–
205–0939 or via email at jstrong@
fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The
Department gives notice that Part 215 of
Title 36 of the Code of Federal
Regulations is repealed in conformity
with the Consolidated Appropriation
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SUMMARY:
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1. Background
In 1992, Congress enacted the
Appeals Reform Act (16 U.S.C. 1612
note) (ARA) directing the Secretary of
Agriculture to establish a notice and
comment process for certain Forest
Service projects and activities and
modify the agency’s voluntarily
provided, post-decisional administrative
appeal procedures concerning such
projects. Implementing regulations were
promulgated in 1993 (58 FR 58904) and
subsequently revised in 2003 (68 FR
33582). The 1993 and 2003 rulemakings
directed that project or activity
decisions that had been categorically
excluded from documentation in an
environmental assessment or
environmental impact statement were
exempt from the regulatory procedures.
That Department’s statutory
interpretation set forth in the
regulations was the subject of litigation.
See, for example, Summers v. Earth
Island Institute, 555 U.S. 488 (2009);
Wilderness Society v. Rey, 622 F.3d
1251 (9th Cir. 2010); Wildlaw v. United
States Forest Service, 471 F.Supp.2d
1221 (M.D. Ala. 2007).
On March 19, 2012, the U. S. District
Court for the Eastern District of
California issued a nationwide
injunction permanently enjoining the
Forest Service from implementing 36
CFR 215.4(a) and 215.12(f) (concerning
categorically excluded projects). The
United States appealed that ruling. In
response to the injunction, the Chief of
the Forest Service instructed all units of
the National Forest System to refrain
from applying Sections 215.4(a) and
215.12(f) and to provide notice,
comment, and appeal opportunities for
all projects and activities implementing
forest plans that are documented in a
decision memo, decision notice, or
record of decision. In addition, Line
Officers were instructed to write
decision memos for any proposed action
or activity that seeks to authorize the
sale of timber, and to offer the
opportunity for notice, comment, and
appeal on these proposed actions.
Just prior to the District Court’s
ruling, Congress enacted Section 428 of
the Consolidated Appropriation Act of
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44291
2012, Public Law 112–74 (December 23,
2011) (2012 Act) superseding the 1993
ARAs administrative review process.
Specifically, Congress directed the
Secretary to promulgate new regulations
implementing a predecisional objection
process exclusively for projects and
activities documented with a Record of
Decision or Decision Notice in lieu of
the ARA process. The Secretary
published regulations implementing the
2012 Act on March 27, 2013 (78 FR
18481). In light of ongoing judicial and
legislative processes, the Secretary
reserved taking action concerning the
supplanted provisions in the ARA
regulations or from addressing whether
categorically excluded projects should
be included within the new
predecisional objection process.
On January 17, 2014, the President
signed into law the Consolidated
Appropriations Act, 2014, Public Law
113–76, 128 Stat. 5 (2014). Section 431
of that Act directs that the 1993 ARA
and the 2012 Act shall not apply to any
categorically excluded project or
activity. The legislative history
confirmed Congress’ intention to return
public involvement processes to the
preexisting regulatory norm prior to the
date of the District Court’s injunction.
The legislation recognizes and approves
the Department’s longstanding
interpretation of the Appeals Reform
Act in the Part 215 regulations and the
Forest Service’s other discrete
mechanisms for providing for public
participation in project development,
including its agency National
Environmental Policy Act (NEPA)
procedures.
On February 7, 2014, the President
signed into law the Agricultural Act of
2014, Public Law 113–79, 128 Stat. 649.
Section 8006 of that Act: (1) Repeals the
Appeal Reform Act in its entirety, and
(2) repeats the admonition of the
recently enacted fiscal year (FY) 2014
Appropriation Act that the
predecisional objection process required
under the 2012 Act shall not apply to
any categorically excluded project or
activity. The legislative history again
confirms Congress’ design to address the
management challenge that became
apparent following the nationwide
injunction by repealing the underlying
statute in order to ensure nonsignificant
actions may promptly proceed.
As a result of these statutes, the
Department has repealed Part 215 and
amended Part 218 of Title 36 of the
Code of Federal Regulations. As to Part
215, those regulations’ sole function was
to implement the now repealed 1992
Appeals Reform Act. With the passage
of the 2012 Appropriation, FY 2014
Appropriation, and the Agricultural Act
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44292
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
of 2014, it is indisputable that nothing
remains to the ARA; its implementing
regulations, thus, are defunct and
obsolete. As to the Part 218
predecisional objection process, the
Department has decided to update the
authorities citation and replace the
existing ‘‘reserved’’ proviso in 36 CFR
218.23(a) with the statutory prohibition
of the FY 2014 Appropriation Act and
Agricultural Act of 2014. No other
changes to 36 CFR Part 218 are being
undertaken at this time.
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2. Transition
Congress has plenary authority to
direct management of the National
Forest System. The Department and
Forest Service must faithfully execute
all laws. The Department fully
appreciates that Congress’ instructions
are mandatory, immediate, and
intended to relieve the agency from any
and all obligations under the ARA in
order to expedite management activities.
In light of the new legislation and
underlying lapse in operational
authority, the Forest Service executed
an orderly shutdown of Part 215 on
March 5, 2014. Specifically, the Forest
Service immediately ceased issuance of
all notices pursuant to 36 CFR Part 215
and only accepted and conducted an
appeal review and disposition where
the legal notice of a decision
memorandum was published in the
newspaper of record on or prior to
March 5, 2014. The Forest Service
informed affected and interested
persons of the legislative enactments
and the orderly shutdown procedure.
3. Public Comment
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a final
rule without providing advance notice
and an opportunity for public comment.
The Department has determined that
there is good cause for immediate
rulemaking without prior proposal and
opportunity for comment. The
referenced Appropriation and
Agriculture laws are mandatory and
leave no substantive discretion
concerning the matters addressed in this
rulemaking. Further, the subject of a
technical amendment was previously
noticed and public comment accepted
during the March 2013 revision of 36
CFR Part 218. Revision of the authority
provision in Part 218 is similarly
technical and necessarily ministerial.
For the same reasons, the Department
finds good cause that these regulations
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shall be effective immediately pursuant
to 5 U.S.C. 553(d)(3).
4. Regulatory Certifications
Environmental Impact
This final rule repeals Part 215 and
amends Part 218 of Title 36 of the Code
of Federal Regulations governing
administrative reviews of certain
activities on National Forest System
lands. Forest Service regulations at 36
CFR 220.6(d)(2) exclude from
documentation in an environmental
assessment or environmental impact
statement rules, regulations, or policies
to establish servicewide administrative
procedures, program processes, or
instructions. The Department has
determined that this final rule falls
within this category of actions and that
no extraordinary circumstances exist
which require preparation of an
environmental assessment or
environmental impact statement.
Regulatory Impact
This final rule has been reviewed
under Department procedures and
Executive Order (E.O.) 12866 on
regulatory planning and review, as
amended by E.O. 13422. It has been
determined that this final rule is not
significant. This final rule will not have
an annual effect of $100 million or more
on the economy, nor will it adversely
affect productivity, competition, jobs,
the environment, public health or
safety, or State or local governments.
This final rule will not interfere with an
action taken or planned by another
agency, nor will it raise new legal or
policy issues. Finally, this final rule will
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 final rule is not
subject to review by the Office of
Management and Budget under E.O.
12866.
This final rule has been considered in
light of the Regulatory Flexibility Act (5
U.S.C. 602 et seq.). This final rule
repeals Part 215 and amends Part 218 of
Title 36 of the Code of Federal
Regulations governing administrative
reviews of certain activities on National
Forest System lands. The Department
has determined that this final rule will
not have a significant economic impact
on a substantial number of small entities
as defined by that Act because this final
rule will not impose record-keeping
requirements on them; it will not affect
their competitive position in relation to
large entities; and it will not affect their
cash flow, liquidity, or ability to remain
in the market.
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Federalism and Consultation and
Coordination With Indian Tribal
Governments
The Department has considered this
final rule under the requirements of E.O.
13132 on federalism. The Department
has determined that this final rule
conforms with the federalism principles
set out in this E.O.; will not impose any
compliance costs on the States; and will
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
Department has determined that no
further determination of federalism
implications is necessary at this time.
This final rule does not have tribal
implications per E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments. Therefore,
advance consultation with Tribes is not
required in connection with the final
rule.
No Takings Implications
The Department has analyzed the
final rule in accordance with the
principles and criteria in E.O. 12630
and has determined that this final rule
does not pose the risk of a taking of
protected private property.
Civil Justice Reform
The Department has reviewed this
final rule under E.O. 12988 on civil
justice reform. After adoption of this
final rule, (1) all State and local laws
and regulations that conflict with this
final rule or that impede its full
implementation will be preempted; (2)
no retroactive effect will be given to this
final rule; and (3) it will 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 Department has
assessed the effects of this final rule on
State, local, and tribal governments and
the private sector. This final rule will
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
The Department has reviewed the
final rule under E.O. 13211 of May 18,
2001, Actions Concerning Regulations
That Significantly Affect Energy Supply.
The Department has determined that
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
this final rule does not constitute a
significant energy action as defined in
the E.O.
DEPARTMENT OF AGRICULTURE
Controlling Paperwork Burdens on the
Public
36 CFR Part 262
This final rule does not contain any
record-keeping or reporting
requirements or other information
collection requirements as defined in 5
CFR part 1320 that are not already
required by law or not already approved
for use. Accordingly, the review
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and
its implementing regulations at 5 CFR
part 1320 do not apply to this final rule.
RIN 0596–AB61
List of Subjects
36 CFR Part 215
Administrative practice and
procedure; National forests.
36 CFR Part 218
Administrative practice and
procedure; National forests.
Therefore, for the reasons set forth in
the preamble, the Department hereby
amends 36 CFR chapter II as follows:
PART 215—NOTICE, COMMENT, AND
APPEAL PROCEDURES FOR
NATIONAL FOREST SYSTEM
PROJECTS AND ACTIVITIES
1. Under the authority of Section 431,
Public Law 113–76; Section 8006,
Public Law 113–79, part 215 is
removed.
■
PART 218—PROJECT–LEVEL
PREDECISIONAL ADMINISTRATIVE
REVIEW PROCESS
2. The authority citation for part 218
is revised to read as follows:
■
Authority: Pub. L. 108–148, 117 Stat 1887
(16 U.S.C. 6515 note); Sec. 428, Pub. L. 112–
74 125 Stat 1046; Sec. 431, Pub. L. 113–76;
Sec. 8006, Pub. L. 113–79.
3. Amend § 218.23 by adding
paragraph (a) to read as follows:
■
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*
*
*
*
(a) Any project or activity
categorically excluded from
documentation in an environmental
assessment or environmental impact
statement.
*
*
*
*
*
Dated: June 20, 2014.
Robert Bonnie,
Under Secretary, NRE.
[FR Doc. 2014–18019 Filed 7–29–14; 11:15 am]
BILLING CODE 3410–11–P
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Law Enforcement Support Activities
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
This final rule revises
regulations regarding removal of
obstructions, impoundment of personal
property, payment of rewards, and
payment for information and evidence
in furtherance of an investigation. The
revisions will clarify and concisely state
the Agency’s authority for setting
reward amounts and will streamline the
rules regarding payment for information
and evidence in furtherance of an
investigation. The revisions will also
shorten the timeframe for impoundment
procedures, change the posting
requirement, and allow the Forest
Service to retain unclaimed or
abandoned personal property for
administrative use.
DATES: The rule is effective September
2, 2014.
ADDRESSES: The public may inspect the
record for the final rule at the Office of
the Director, Law Enforcement and
Investigations, 201 14th Street SW.,
Washington, DC between 8:30 a.m. and
4:30 p.m., Monday through Friday.
Visitors are encouraged to call 703–605–
4690 to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT:
Kenneth Pearson, Assistant Director for
Enforcement, at 703–605–4527, or via
email at kenpearson@fs.fed.us.
Individuals who use
telecommunication devices for the deaf
may call the Federal Information Relay
Service at 800–877–8339 between 8 a.m.
and 8 p.m., Monday through Friday.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. Background
§ 218.23 Proposed projects and activities
not subject to legal notice and opportunity
to comment.
*
Forest Service
Forest Service regulations at 36 CFR
part 262, in effect since 1977, govern
payment of rewards, payments for
information and evidence in furtherance
of an investigation, impoundment of
property, and removal of obstructions
from National Forest System lands. On
February 16, 1994, the Forest Service
published a proposed rule to amend 36
CFR part 262 (59 FR 7880). A final rule
was never promulgated. Most of the
comments received on the 1994
proposal to amend part 262 involved the
meaning of terms used and proposed
revisions that would permit the Agency
to remove objects that are an
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44293
impediment or a safety hazard to users
of National Forest System lands.
In 2008, the Agency renewed its
efforts to amend 36 CFR part 262. In
addition to reviewing the comments on
the 1994 proposal, the Forest Service
reviewed 36 CFR part 262 to determine
its applicability in view of changing
laws, resource conditions, and other
factors affecting management of
National Forest System lands. For
example, the structure of the Forest
Service’s Law Enforcement and
Investigations staff changed in 1994 to
provide for the Director of Law
Enforcement and Investigations Staff to
report directly to the Chief, rather than
to the former Deputy Chief for
Administration position (now the
Deputy Chief for Business Operations).
Accordingly, the proposed rule vested
the authority to make or approve
payment of rewards at 36 CFR 262.2 and
payments for information and evidence
in furtherance of an investigation at 36
CFR 262.3 with the Director of the Law
Enforcement and Investigations. The
proposed rule also revised limits on
maximum amounts and approval
authority for payment of rewards.
The Agency published a proposed
rule in the Federal Register (73 FR
41003, July 17, 2008), for public notice
and comment. Only one respondent
commented on the proposed rule. This
respondent’s comment is addressed
below. The changes included in the
proposed rule are retained in the final
rule. Additional revisions for clarity are
discussed below.
2. Section-by-Section Analysis
36 CFR Part 262, Subpart A
Section 262.1 Definitions. This
section contains definitions of terms
pertaining to the law enforcement
support activities in 36 CFR part 262,
including ‘‘camping equipment,’’
‘‘damaging,’’ ‘‘forest officer,’’ ‘‘law
enforcement personnel,’’ ‘‘unauthorized
livestock,’’ and ‘‘vehicle.’’ This section
replaces current § 262.1, which will be
redesignated as § 262.2.
Section 262.2 Rewards in connection
with fire or property prosecutions. The
Department is redesignating § 262.1,
‘‘Rewards in connection with fire or
property prosecution,’’ as § 262.2 in the
final rule. Paragraphs (a)(1) and (a)(2) of
current § 262.1 set reward amounts for
information leading to the arrest and
conviction of any person for setting on
fire or causing to be set on fire any
timber, underbrush, or grass on National
Forest System or nearby lands. The
reward amounts vary depending on
whether the fire was willfully set.
Paragraph (a)(3) of current § 262.1 sets a
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]]>Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44291-44293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18019]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 215 and 218
RIN 0596-AD18
Notice, Comment, and Appeal Procedures for National Forest System
Projects and Activities and Project-Level Predecisional Administrative
Review Process
AGENCY: Forest Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture (Department) issues this
final rule to amend regulations concerning administrative reviews
(appeals and objections) for projects or activities that are
categorically excluded under the National Environmental Policy Act. The
combined effect of the Consolidated Appropriations Act of 2014 and the
2014 Farm Bill makes the 36 CFR Part 215 regulations (post-decisional
appeals) obsolete and permits withdrawal in their entirety. An
amendment is also made to update the legislative authority provision
for 36 CFR Part 218 (pre-decisional objections) and to include a
statutory prohibition contained in the referenced legislation. The
final rule enables the Department to meet the intent of Congress.
DATES: This rule is effective July 31, 2014.
FOR FURTHER INFORMATION CONTACT: Deborah Beighley, Assistant Director,
Judicial and Administrative Review, Ecosystem Management Coordination
staff, at 202-205-1277 or via email at dbeighley@fs.fed.us, or Joel
Strong, National Litigation Coordinator, Judicial and Administrative
Review, Ecosystem Management Coordination staff, at 202-205-0939 or via
email at jstrong@fs.fed.us.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: The Department gives notice that Part 215 of
Title 36 of the Code of Federal Regulations is repealed in conformity
with the Consolidated Appropriation Act of 2014, Public Law 113-76, 128
Stat. 5 (January 17, 2014) and the Agricultural Act of 2014, Public Law
113-79, 128 Stat. 649 (February 7, 2014). Further, technical amendments
are made to update the legislative authority provision for Part 218 of
Title 36 of the Code of Federal Regulations and to include a statutory
prohibition contained in the referenced legislation in 36 CFR
218.23(a). This rulemaking is ministerial in nature.
1. Background
In 1992, Congress enacted the Appeals Reform Act (16 U.S.C. 1612
note) (ARA) directing the Secretary of Agriculture to establish a
notice and comment process for certain Forest Service projects and
activities and modify the agency's voluntarily provided, post-
decisional administrative appeal procedures concerning such projects.
Implementing regulations were promulgated in 1993 (58 FR 58904) and
subsequently revised in 2003 (68 FR 33582). The 1993 and 2003
rulemakings directed that project or activity decisions that had been
categorically excluded from documentation in an environmental
assessment or environmental impact statement were exempt from the
regulatory procedures. That Department's statutory interpretation set
forth in the regulations was the subject of litigation. See, for
example, Summers v. Earth Island Institute, 555 U.S. 488 (2009);
Wilderness Society v. Rey, 622 F.3d 1251 (9th Cir. 2010); Wildlaw v.
United States Forest Service, 471 F.Supp.2d 1221 (M.D. Ala. 2007).
On March 19, 2012, the U. S. District Court for the Eastern
District of California issued a nationwide injunction permanently
enjoining the Forest Service from implementing 36 CFR 215.4(a) and
215.12(f) (concerning categorically excluded projects). The United
States appealed that ruling. In response to the injunction, the Chief
of the Forest Service instructed all units of the National Forest
System to refrain from applying Sections 215.4(a) and 215.12(f) and to
provide notice, comment, and appeal opportunities for all projects and
activities implementing forest plans that are documented in a decision
memo, decision notice, or record of decision. In addition, Line
Officers were instructed to write decision memos for any proposed
action or activity that seeks to authorize the sale of timber, and to
offer the opportunity for notice, comment, and appeal on these proposed
actions.
Just prior to the District Court's ruling, Congress enacted Section
428 of the Consolidated Appropriation Act of 2012, Public Law 112-74
(December 23, 2011) (2012 Act) superseding the 1993 ARAs administrative
review process. Specifically, Congress directed the Secretary to
promulgate new regulations implementing a predecisional objection
process exclusively for projects and activities documented with a
Record of Decision or Decision Notice in lieu of the ARA process. The
Secretary published regulations implementing the 2012 Act on March 27,
2013 (78 FR 18481). In light of ongoing judicial and legislative
processes, the Secretary reserved taking action concerning the
supplanted provisions in the ARA regulations or from addressing whether
categorically excluded projects should be included within the new
predecisional objection process.
On January 17, 2014, the President signed into law the Consolidated
Appropriations Act, 2014, Public Law 113-76, 128 Stat. 5 (2014).
Section 431 of that Act directs that the 1993 ARA and the 2012 Act
shall not apply to any categorically excluded project or activity. The
legislative history confirmed Congress' intention to return public
involvement processes to the preexisting regulatory norm prior to the
date of the District Court's injunction. The legislation recognizes and
approves the Department's longstanding interpretation of the Appeals
Reform Act in the Part 215 regulations and the Forest Service's other
discrete mechanisms for providing for public participation in project
development, including its agency National Environmental Policy Act
(NEPA) procedures.
On February 7, 2014, the President signed into law the Agricultural
Act of 2014, Public Law 113-79, 128 Stat. 649. Section 8006 of that
Act: (1) Repeals the Appeal Reform Act in its entirety, and (2) repeats
the admonition of the recently enacted fiscal year (FY) 2014
Appropriation Act that the predecisional objection process required
under the 2012 Act shall not apply to any categorically excluded
project or activity. The legislative history again confirms Congress'
design to address the management challenge that became apparent
following the nationwide injunction by repealing the underlying statute
in order to ensure nonsignificant actions may promptly proceed.
As a result of these statutes, the Department has repealed Part 215
and amended Part 218 of Title 36 of the Code of Federal Regulations. As
to Part 215, those regulations' sole function was to implement the now
repealed 1992 Appeals Reform Act. With the passage of the 2012
Appropriation, FY 2014 Appropriation, and the Agricultural Act
[[Page 44292]]
of 2014, it is indisputable that nothing remains to the ARA; its
implementing regulations, thus, are defunct and obsolete. As to the
Part 218 predecisional objection process, the Department has decided to
update the authorities citation and replace the existing ``reserved''
proviso in 36 CFR 218.23(a) with the statutory prohibition of the FY
2014 Appropriation Act and Agricultural Act of 2014. No other changes
to 36 CFR Part 218 are being undertaken at this time.
2. Transition
Congress has plenary authority to direct management of the National
Forest System. The Department and Forest Service must faithfully
execute all laws. The Department fully appreciates that Congress'
instructions are mandatory, immediate, and intended to relieve the
agency from any and all obligations under the ARA in order to expedite
management activities.
In light of the new legislation and underlying lapse in operational
authority, the Forest Service executed an orderly shutdown of Part 215
on March 5, 2014. Specifically, the Forest Service immediately ceased
issuance of all notices pursuant to 36 CFR Part 215 and only accepted
and conducted an appeal review and disposition where the legal notice
of a decision memorandum was published in the newspaper of record on or
prior to March 5, 2014. The Forest Service informed affected and
interested persons of the legislative enactments and the orderly
shutdown procedure.
3. Public Comment
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a final rule without
providing advance notice and an opportunity for public comment. The
Department has determined that there is good cause for immediate
rulemaking without prior proposal and opportunity for comment. The
referenced Appropriation and Agriculture laws are mandatory and leave
no substantive discretion concerning the matters addressed in this
rulemaking. Further, the subject of a technical amendment was
previously noticed and public comment accepted during the March 2013
revision of 36 CFR Part 218. Revision of the authority provision in
Part 218 is similarly technical and necessarily ministerial. For the
same reasons, the Department finds good cause that these regulations
shall be effective immediately pursuant to 5 U.S.C. 553(d)(3).
4. Regulatory Certifications
Environmental Impact
This final rule repeals Part 215 and amends Part 218 of Title 36 of
the Code of Federal Regulations governing administrative reviews of
certain activities on National Forest System lands. Forest Service
regulations at 36 CFR 220.6(d)(2) exclude from documentation in an
environmental assessment or environmental impact statement rules,
regulations, or policies to establish servicewide administrative
procedures, program processes, or instructions. The Department has
determined that this final rule falls within this category of actions
and that no extraordinary circumstances exist which require preparation
of an environmental assessment or environmental impact statement.
Regulatory Impact
This final rule has been reviewed under Department procedures and
Executive Order (E.O.) 12866 on regulatory planning and review, as
amended by E.O. 13422. It has been determined that this final rule is
not significant. This final rule will not have an annual effect of $100
million or more on the economy, nor will it adversely affect
productivity, competition, jobs, the environment, public health or
safety, or State or local governments. This final rule will not
interfere with an action taken or planned by another agency, nor will
it raise new legal or policy issues. Finally, this final rule will 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 final rule is not subject to review by the
Office of Management and Budget under E.O. 12866.
This final rule has been considered in light of the Regulatory
Flexibility Act (5 U.S.C. 602 et seq.). This final rule repeals Part
215 and amends Part 218 of Title 36 of the Code of Federal Regulations
governing administrative reviews of certain activities on National
Forest System lands. The Department has determined that this final rule
will not have a significant economic impact on a substantial number of
small entities as defined by that Act because this final rule will not
impose record-keeping requirements on them; it will not affect their
competitive position in relation to large entities; and it will not
affect their cash flow, liquidity, or ability to remain in the market.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The Department has considered this final rule under the
requirements of E.O. 13132 on federalism. The Department has determined
that this final rule conforms with the federalism principles set out in
this E.O.; will not impose any compliance costs on the States; and will
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 Department has determined that no further determination
of federalism implications is necessary at this time.
This final rule does not have tribal implications per E.O. 13175,
Consultation and Coordination with Indian Tribal Governments.
Therefore, advance consultation with Tribes is not required in
connection with the final rule.
No Takings Implications
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12630 and has determined that this
final rule does not pose the risk of a taking of protected private
property.
Civil Justice Reform
The Department has reviewed this final rule under E.O. 12988 on
civil justice reform. After adoption of this final rule, (1) all State
and local laws and regulations that conflict with this final rule or
that impede its full implementation will be preempted; (2) no
retroactive effect will be given to this final rule; and (3) it will
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 Department has assessed the effects of this
final rule on State, local, and tribal governments and the private
sector. This final rule will 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
The Department has reviewed the final rule under E.O. 13211 of May
18, 2001, Actions Concerning Regulations That Significantly Affect
Energy Supply. The Department has determined that
[[Page 44293]]
this final rule does not constitute a significant energy action as
defined in the E.O.
Controlling Paperwork Burdens on the Public
This final rule does not contain any record-keeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320 that are not already required by law or not already
approved for use. Accordingly, the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing
regulations at 5 CFR part 1320 do not apply to this final rule.
List of Subjects
36 CFR Part 215
Administrative practice and procedure; National forests.
36 CFR Part 218
Administrative practice and procedure; National forests.
Therefore, for the reasons set forth in the preamble, the
Department hereby amends 36 CFR chapter II as follows:
PART 215--NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL
FOREST SYSTEM PROJECTS AND ACTIVITIES
0
1. Under the authority of Section 431, Public Law 113-76; Section 8006,
Public Law 113-79, part 215 is removed.
PART 218--PROJECT-LEVEL PREDECISIONAL ADMINISTRATIVE REVIEW PROCESS
0
2. The authority citation for part 218 is revised to read as follows:
Authority: Pub. L. 108-148, 117 Stat 1887 (16 U.S.C. 6515 note);
Sec. 428, Pub. L. 112-74 125 Stat 1046; Sec. 431, Pub. L. 113-76;
Sec. 8006, Pub. L. 113-79.
0
3. Amend Sec. 218.23 by adding paragraph (a) to read as follows:
Sec. 218.23 Proposed projects and activities not subject to legal
notice and opportunity to comment.
* * * * *
(a) Any project or activity categorically excluded from
documentation in an environmental assessment or environmental impact
statement.
* * * * *
Dated: June 20, 2014.
Robert Bonnie,
Under Secretary, NRE.
[FR Doc. 2014-18019 Filed 7-29-14; 11:15 am]
BILLING CODE 3410-11-P
