National Forest System, Land Management Planning Directives, 6683-6687 [2015-02369]

Download as PDF Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Notices developing a proposal to establish exceptions from the declaration requirement for composite materials and products that contain a minimal amount of plant material. Upon completion of the proposal, we will publish it in the Federal Register for public comment. APHIS will continue to provide the latest information regarding the Lacey Act on our Web site, https:// www.aphis.usda.gov/plant_health/ lacey_act/. The Web site currently contains the Lacey Act, as amended; a slideshow covering background and context, requirements, commodities and products covered, information on prohibitions, and the current status of implementation of the declaration requirement of the Lacey Act; frequently asked questions; the phase-in implementation plan; a link to the Lacey Act Web Governance System (LAWGS); and the paper declaration form. The Web site will be updated as new materials become available. We encourage persons interested in receiving timely updates on APHIS’ Lacey Act efforts to register for our stakeholder registry at https:// public.govdelivery.com/accounts/ USDAAPHIS/subscriber/new/ and select ‘‘Lacey Act Declaration’’ as a topic of interest. Done in Washington, DC, this 2nd day of February 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015–02403 Filed 2–5–15; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Forest Service RIN 0596–AD06 National Forest System, Land Management Planning Directives Forest Service, USDA. Notice of final directives. AGENCY: ACTION: On February 29, 2013, the Forest Service (Agency) proposed to revise the Forest Service Handbook (FSH 1909.12) and Manual (FSM 1920) establishing procedures and responsibilities for implementing the National Forest System (NFS) land management planning regulation (collectively ‘‘planning directives’’). The final issuance of planning directives, effective today, will provide consistent overall guidance to Forest Service Line Officers and Agency employees in developing, amending, or revising land management plans for units of the NFS. Public comment was accepted until May asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:52 Feb 05, 2015 Jkt 235001 24, 2013. The Agency considered all public comment, including recommendations from an advisory committee formed pursuant to the Federal Advisory Committee Act (FACA), in developing final planning directives. DATES: These directives are effective January 30, 2015. ADDRESSES: The Forest Service Manual and Handbook, including the planning directives, are available electronically via the World Wide Web/Internet at https://www.fs.fed.us/im/directives. Single paper copies are available by contacting Annie Eberhart Goode, Forest Service, USDA, Ecosystem Management Coordination Staff (Mail Stop 1104), 1400 Independence Avenue SW., Washington, DC 20250–1104. Additional information and analysis, including a description of how the Agency considered public comment, can be found at https://www.fs.usda.gov/ main/planningrule/home. FOR FURTHER INFORMATION CONTACT: Annie Eberhart Goode, Planning Specialist, Ecosystem Management Coordination staff, (202) 205–1056. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at (800) 877–8339 between 8:00 a.m. and 8:00 p.m. Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: Background On April 9, 2012, the U.S. Department of Agriculture (Department or USDA) adopted final planning regulations for the NFS at 36 CFR part 219 (77 FR 21161). These regulations, known collectively as the 2012 Planning Rule, provide broad programmatic direction in developing and implementing land management plans. The rule explicitly directs the Chief of the Forest Service to establish planning procedures in the Forest Service Directives System (36 CFR 219.2(b)(5)(i). Those Responsible Officials that are implementing the 2012 Planning Rule shall follow the regulations at 36 CFR part 219 and the revised planning directives. The Forest Service Directives System consists of the Forest Service Manual (FSM) and the Forest Service Handbook (FSH), which contain the Agency’s policies, practices, and procedures, and serves as the primary basis for the internal management and control of programs and administrative direction to Forest Service employees. The directives are set out on the World Wide Web/Internet at https://www.fs.fed.us/ im/directives. Specifically, the FSM contains legal authorities, objectives, PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 6683 policies, responsibilities, instructions, and guidance needed on a continuing basis by Forest Service Line Officers and primary staff to plan and execute programs and activities. The FSH is the principal source of specialized guidance and instruction for carrying out the policies, objectives, and responsibilities contained in the FSM. FSM 1920 and FSH 1909.12 (planning directives) provide policy direction, objectives, instructions, and guidance for Forest Service Line Officers and primary staff to plan and execute the process of developing, revising, amending, and making administrative changes to land management plans to provide for the sustainability of ecosystems and resources; meet the need for forest restoration and conservation, watershed protection, and species diversity and conservation; and assist the Agency in providing a sustainable flow of benefits, including economic benefits, services, and uses of NFS lands. The 2012 Planning Rule and the FSM 1920 and FSH 19092.12 together provide requirements and guidance for the Agency in land management planning pursuant to the National Forest Management Act. On February 29, 2013, the Forest Service proposed to revise the planning directives (FSM 1920 and FSH 1909.12) to ensure that the Agency’s planning directives are consistent with the 2012 Planning Rule. Issuance of planning directives will provide consistent overall guidance to Forest Service Line Officers and Agency employees in developing, amending, or revising land management plans pursuant to the 2012 Planning Rule. Public comment was accepted until May 24, 2013. The Agency considered all public comment in developing final planning directives. In addition to seeking public comment on the proposed directives, the Agency considered recommendations from the Planning Rule Implementation Federal Advisory Committee (FACA Committee), established in June 2012 to advise the Secretary of Agriculture and the Chief of the Forest Service regarding implementation of the 2012 Planning Rule. The FACA Committee is comprised of 21 members who provide balanced and broad representation of public interests including industry and user groups; environmental organizations; conservation organizations; recreation interests; members of the scientific community; State, County, or local elected officials (or designee); Tribal representatives; and other public interests. The initial FACA Committee provided its recommendations regarding the E:\FR\FM\06FEN1.SGM 06FEN1 6684 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Notices proposed Planning Directives in November, 2013. The previous committee’s membership expired in June 2014. The Secretary announced August 12, 2014, the selection of 21 new members to the FACA committee. The charter, background information, and other information for the Planning Rule Advisory Committee can be found www.fs.usda.gov/main/planningrule/ committee. The committee was rechartered in June, 2014 to continue in an advisory capacity for an additional 2 years. The text of the initial FACA Committee’s recommendations can be found at https://www.fs.usda.gov/detail/ planningrule/home/ ?cid=stelprdb5346267. asabaliauskas on DSK5VPTVN1PROD with NOTICES Content of Final Directives The following is an overview of the content of the directives. FSM 1920—Land Management Planning Manual. This Forest Service Manual describes the responsibilities of Agency Line Officers and staff regarding the process for developing, revising, amending, and making administrative changes to land management plans for the National Forest System (NFS). It includes authorities and responsibilities. It should be used in conjunction with the FSH. FSH 1909.12—Land Management Planning Handbook. This FSH provides policy direction, objectives, instructions and guidance for the process of developing, revising, amending, and making administrative changes to plans for the NFS. It includes authorities and responsibilities. Zero Code. The chapter known as the zero code contains authorities, responsibilities, and select definitions applicable to subsequent chapters, along with definitions and guidance applicable to all sections of FSH 1909.12, such as direction on best available scientific information (BASI) and adaptive management. The zero code also includes exhibits or references not easily found electronically. Chapter 10—The Assessment. This chapter provides direction regarding the procedures for writing an assessment for development, amendment, or revision of land management plans. Chapter 20—Land Management Plan. This chapter describes the land management plan under the 2012 Planning Rule and provides guidance for developing, amending, and revising land management plans. Chapter 30—Monitoring. This chapter provides direction regarding the plan monitoring program, broader-scale monitoring strategy, and biennial evaluation of information obtained from VerDate Sep<11>2014 18:52 Feb 05, 2015 Jkt 235001 implementation of the plan monitoring program. Chapter 40—Public Participation. This chapter sets out direction regarding provision of public participation opportunities and for collaboration, intergovernmental participation, and Tribal consultation relating to land management planning. Chapter 50—Objection Process. This chapter sets out direction regarding administration of the objection process that provides for administrative review of plans, plan revisions, and plan amendments before their approval. Chapter 60—Forest Vegetation Resource Planning. This chapter provides procedures for developing plan components and other plan content to guide management of timber resources, including identification of lands that are not suitable for timber production, limitations on timber harvest, display of the planned timber sale program, and components related to timber harvest for timber production or other purposes. Chapter 70—Wilderness Evaluation. This chapter provides direction for identifying and evaluating lands that may be suitable for inclusion in the National Wilderness Preservation System and determining whether to recommend any such lands for wilderness designation. Chapter 80—Wild and Scenic River Evaluation. This chapter provides direction for identifying and evaluating potential additions to the National Wild and Scenic Rivers System. This chapter also includes provisions on interim management of river segments determined to be eligible and suitable, documentation of study results, as well as the process for notifying Congress of Agency wild and scenic river recommendations. Chapter 90—Reserved. Public Comments The availability of proposed directives for public review and comment was published in the Federal Register on February 27, 2013 (77 FR 35323). The public comment period closed on April 29, but the Agency reopened the comment period for an additional 15 days to provide an opportunity to gather additional public input to inform the Agency’s development of final planning directives. The Forest Service received 17,449 responses to the proposed directives, consisting of letters, emails, Web-based submissions, and facsimiles. Of those, 370 were unique letters, and the remaining 17,079 responses were form letters. The responses were received from a wide variety of respondents from more than 40 states, PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 and came from the public and nongovernmental organizations as well as local governments and other State and Federal agencies. Public comment on the proposed planning directives addressed a wide range of topics. Many people supported the proposed planning directives or favored stronger guidance in particular areas, while others opposed the proposed directives or recommended limitations or alternate approaches to Agency policies related to land management planning. The Forest Service considered all the comments in finalizing the directives. This section provides a summary of revisions, by chapter, made in response to public comment. A more detailed description of public comments and the Agency’s responses can be found at https:// www.fs.usda.gov/planningrule. The following is a chapter-by-chapter overview of the comments provided about the directives and the Forest Service’s response to those comments. Zero Code Many comments were received regarding the use of best available scientific information (BASI) and adaptive management. Some commenters felt there was a lack of clear direction on how to implement adaptive management, while other questions centered on the use of BASI. Questions about BASI included objections to the detailed process for its integration, questions about sources of scientific information, and questions about how the Responsible Official will determine BASI. After considering these comments, the Forest Service clarified and modified the direction on BASI and adaptive management. The final directive simplifies the direction on considering the accuracy and reliability of information when making BASI determinations and clarifying sections on BASI documentation attributes. In addition, the direction on BASI and adaptive management was moved from Chapter 40 to the chapter on zero code since they are relevant to all chapters. Chapter 10. Assessment. Some comments about the assessment chapter concerned recommendations for clarifying the purpose and scale of the assessment and minimizing problems with data gaps. Other comments concerned specific assessment topics, such as socio-economic conditions, ecosystem services, and multiple uses. After considering comments, the Agency revised Chapter 10 so that the guidance for assessments more clearly defined terms and scale, reduced redundancy within the directives, and E:\FR\FM\06FEN1.SGM 06FEN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Notices added sources of information. For example, the Agency clarified how to identify species of conservation concern and the use of natural range of variation in the assessment. In addition, the Agency clarified the guidance for assessing the major contributions of the plan area to social, cultural, and economic conditions from multiple uses, ecosystem services, infrastructure, and administrative operations of the plan area. The Agency added a requirement for the Responsible Official to publish a notice in the Federal Register to announce the beginning of the assessment. Chapter 20—Land Management Plan. Chapter 20 sets out the procedures for developing, amending, and revising land management plans under the 2012 Planning Rule. Comments on developing plans were extensive, and ranged from general observations about the process to specific comments about a variety of plan components and procedures. Comments covered topics such as direction on water resources management, fire management, and the role of recreation. For example, some of the recreational concerns were that recreation was not clearly addressed in the section that set out the matters to be considered during plan revision. Commenters also had concerns about requiring the inclusion of specific direction in plans, such as requiring plans to include project consistency guidelines. After considering these comments, the Forest Service made many edits and clarifications. For example, the Agency clarified the direction on the need to change the plan, and the requirements for integrating plan components, such as desired conditions, standards, guidelines, and objectives. The Agency added the direction that the Responsible Official should complete the plan development or plan revision, from the public notice of the assessment to final plan approval, within 4 years. Other parts of Chapter 20 were rewritten or replaced; for example, the section on recreation guidance was revised to require application of the Recreation Opportunity Spectrum tool in parts of the plan and to more clearly define sustainable recreation. The Agency also enhanced guidance on how to coordinate required National Environmental Policy Act (NEPA) procedures with the required planning procedures. The Agency expanded sections for species of conservation concern to give guidance on the responsibilities of the Regional Forester, including guidance on managing new information. The Agency clarified how VerDate Sep<11>2014 18:52 Feb 05, 2015 Jkt 235001 the Responsible Official should design plan components for ecological integrity and the influence of climate change. The Agency also added a section to clarify how land management plans give direction for designated areas. Chapter 30—Monitoring. In general, comments on Chapter 30 emphasized the need to acknowledge and use consistent monitoring data generated throughout the plan’s lifecycle. Questions were also raised about ensuring adequate funding to help ensure the success of monitoring programs. Some commenters suggested specific changes to information considered when identifying monitoring indicators. In response to these comments, edits were made throughout the chapter to improve clarity. The Agency added direction about questions and indicators for social, cultural, and economic sustainability to the guidance for monitoring progress toward meeting desired conditions and objectives Chapter 40—Public Participation. Comments on Chapter 40 regarding adaptive management and best available science were reflected in revisions to the zero code. With regard to public participation, some commenters sought an expanded discussion of how the Forest Service is to provide opportunities for public involvement in the planning process. After considering these comments, and to improve clarity, the content of Chapter 40 was revised to focus on public participation only. Changes to Chapter 40 included providing guidance on working with other public agencies and tribes during the land management planning process. This guidance includes a section on the participation of and consultation with federally recognized Indian tribes, Alaska Native Corporations, other Federal agencies, and State and local governments. Also, Chapter 40 provides guidance on coordinating the public engagement processes required by both the 2012 Planning Rule and NEPA. The additional guidance identifies the requirements for formal notices and other forms of outreach to the public. Chapter 50—Objection Process. There were few comments on the objection process, and the majority of these asked for clarifications regarding various parts of the objection process. In response, the Agency added definitions and clarifications throughout the chapter, including clarification of who is eligible to object or participate as an interested person. Some commenters wanted to see the entire objection process eliminated. The Agency responded that the objection process could not be eliminated, as the 2012 Planning Rule PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 6685 mandates it. Revisions to Chapter 50 were also made to clarify the Reviewing Officer’s discretion in managing resolution meetings. Chapter 60—Forest Vegetation Resource Planning. Comments focused on various aspects of the guidance on National Forest Management Act (NFMA) requirements and 2012 Planning Rule requirements. This included aspects related to identifying lands suitable for timber production, and plan components needed to comply with NFMA requirements for timber harvest. The Forest Service was also asked to clarify various terms and definitions in the chapter, including the calculation of long-term sustained yield capacity and other measures of timber volume. After considering comments, the Forest Service made changes to the chapter to improve clarity by revising narratives, adding displays, and adopting a new set of terminology and definitions for measures of timber volume. Chapter 70—Wilderness Planning. A significant percentage of the comments received concerned Chapter 70, which describes the process during land management planning of inventorying, evaluating, and analyzing National Forest System lands for possible inclusion in the National Wilderness Preservation System. Many respondents sent a form letter which was generally supportive of the broadly inclusive nature of the procedure outlined for inventorying and evaluating potential wilderness lands. The letter also urged the Forest Service to go further in the preservation of potential wilderness areas by prohibiting all motorized uses from potential wilderness areas, pending designation decisions. Other respondents sent a form letter expressing views highly critical of the new inventory and evaluation process, and objecting to what was perceived as the creation of de facto wilderness without Congressional approval. Respondents also commented that identifying broad areas of Forest lands as potential wilderness and managing them for wilderness qualities would effectively eliminate motorized recreation uses across large sections of Forests. Additional concerns focused on the inventory process, seeking clarification on how inventories would be conducted, whether existing inventory data could be included, and the criteria to be used for wilderness inventories. Concerns also focused on the management of recommended wilderness areas, including whether or not recommended areas should be managed as wilderness. E:\FR\FM\06FEN1.SGM 06FEN1 6686 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES After considering comments, the Forest Service edited Chapter 70 to clarify the inventory process including the use of existing information, previous decisions, travel management, travel analysis, public engagement, and government to government engagement. In addition, the Agency retained the approach included in the proposed directives to keep the inventory process broad, inclusive, and transparent to the public, but the final directives eliminate from the inventory areas that contain certain types of roads. Finally, the chapter was edited to clarify the range of management actions available to the Responsible Official once a decision is made to recommend an area for inclusion in the Wilderness Preservation System. Chapter 80—Wild and Scenic River Planning. Some commenters were concerned about the process for identifying and evaluating potential Wild and Scenic Rivers during plan revisions. Most of these concerns focused on the inventory process, and commenters sought clarification on elements such as river segment eligibility. After considering comments, the Agency reorganized the chapter and made several clarifications, including clarifying the process for identifying river eligibility. Chapter 80 was also revised to clarify interim management of study rivers. FACA Committee Recommendations The FACA Committee provided recommendations regarding the proposed directives to the Agency for consideration. The Agency substantially incorporated the FACA Committee’s recommendations into the final directives. A detailed description of the Agency’s response to each recommendation from the FACA Committee can be found at https:// www.fs.usda.gov/planningrule. The following is a chapter-by-chapter overview of the FACA Committee recommendations provided about the directives and the Agency’s response. Forest Service Manual—The final directives reflect the FACA Committee’s recommendation to clarify intent for timing, objectives, policies, and Responsible Official obligations regarding planning. Zero code—The FACA Committee recommended revision of definitions and inclusion of several new definitions, and the Agency both revised the definitions section and included additional language in other sections of the directives that support the definitions. Chapter 10—Changes to the assessment’s approach to social, VerDate Sep<11>2014 18:52 Feb 05, 2015 Jkt 235001 cultural, and economic conditions were incorporated into the final directives, along with revisions recommended by the FACA Committee on ecological concepts, transparency, adaptive management, climate change, natural range of variation, recreation, and designation areas. Chapter 20—Revisions related to the description of plan components and the integration of multiple planning needs into land management plans were incorporated into the final directives, along with revisions recommended by the FACA Committee on social and economic sustainability, ecosystem integrity, natural range of variation, and water resources. Chapter 30—FACA Committee recommendations related to the monitoring program, including partnerships, were incorporated into the final directives. Chapter 40—Revisions recommended by the FACA Committee related to notifications, outreach to underserved communities, and interaction with Tribes, States, and local governments were incorporated into the final directives. Chapter 50—Revisions related to participation of interested persons in the objection process and provisions related to transparency were recommended by the FACA Committee and incorporated into the final directives. Chapter 60—Revisions related to monitoring timber management were incorporated into the final directives, based on recommendations by the FACA Committee. Chapter 70—The FACA Committee recommended provisions to clarify public participation opportunities, overall transparency in the wilderness evaluation process, the inventory process and evaluation; these approaches were included in the final directives. Regulatory Certifications Regulatory Impact This notice has been reviewed under USDA procedures and Executive Order (E.O.) 12866, Regulatory Planning and Review. The Office of Management and Budget (OMB) has reviewed this notice and has determined that it is a significant action because of the high level of public interest in the Forest Service’s land management planning activities, which will be guided by the directives. The final directives would not have an annual effect of $100 million or more on the economy nor adversely affect productivity, competition, jobs, the PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 environment, public health or safety, nor State or local governments. The final directives would not interfere with an action taken or planned by another agency nor raise new legal or policy issues. Finally, the final directives would not alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients of such programs. Moreover, the final directives have been considered in light of E.O. 13272 regarding proper consideration of small entities and the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No direct or indirect financial impact on small businesses or other entities has been identified. Therefore, it is hereby certified that these final directives will not have a significant economic impact on a substantial number of small entities as defined by the act. Environmental Impact These final directives provide the detailed direction to Agency employees necessary to carry out the final 2012 Planning Rule codified at 36 CFR part 219 governing land management planning. Forest Service NEPA procedures exclude from documentation in an environmental assessment or impact statement ‘‘rules, regulations, or policies to establish servicewide administrative procedures, program processes, or instructions.’’ 36 CFR 220.6(d)(2). The Agency’s conclusion is that these final directives fall within this category of actions and that no extraordinary circumstances exist as currently defined that require preparation of an environmental assessment or an environmental impact statement. No Takings Implications These final directives have been analyzed in accordance with the principles and criteria contained in E.O. 12360, Governmental Actions and Protected Property Rights, and it has been determined that they would not pose the risk of a taking of private property as they are limited to the establishment of administrative procedures. Energy Effects These final directives have been analyzed under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. It has been determined that they do not constitute a significant energy action as defined in the Executive Order. E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 80, No. 25 / Friday, February 6, 2015 / Notices Civil Justice Reform These proposed directives have been reviewed under E.O. 12988, Civil Justice Reform. These final directives will guide the work of Forest Service employees and are not intended to preempt any State and local laws and regulations that might be in conflict or that would impede full implementation of these directives. The directives would not retroactively affect existing permits, contracts, or other instruments authorizing the occupancy and use of NFS lands and would not require the institution of administrative proceedings before parties may file suit in court challenging their provisions Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538), which the President signed into law on March 22, 1995, the effects of these final directives on State, local, and Tribal governments, and on the private sector have been assessed and do not compel the expenditure of $100 million or more by any State, local, or Tribal government, or anyone in the private sector. Therefore, a statement under section 202 of the act is not required. asabaliauskas on DSK5VPTVN1PROD with NOTICES Federalism The Agency has considered these final directives under the requirements of E.O. 13132, Federalism. The Agency has made an assessment that they conform with the federalism principles set out in this Executive Order; would not impose any significant compliance costs on the States; and would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Moreover, these final directives address the land management planning process on National Forests, Grasslands or other units of the NFS, and provide direction regarding the Agency’s interaction with State, local and Tribal governments, to ensure consideration of concerns, impacts and opportunities. Consultation and Coordination With Indian Tribal Governments The Forest Service conducted government-to-government consultation on the planning directives. The Forest Service considers Tribal consultation as an ongoing, iterative process that encompasses development of the proposed directives through the issuance of final directives. The Agency contacted all federally recognized Tribes and Alaska Native Corporations by mail VerDate Sep<11>2014 18:52 Feb 05, 2015 Jkt 235001 to formally initiate consultation on the proposed directives and asked for comments within 120 days. Hopi Nation Tribal leaders requested consultation and met with the Deputy Regional Forester of Region 3 on June 6, 2013, to discuss the planning directives. Written comments were received from tribes in California and Oregon, the California Indian Water Commission and an Alaska native corporation. Comments were focused on coordination and consultation with tribes and Alaska native corporations. Controlling Paperwork Burdens on the Public These final directives do not contain any record keeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 and, therefore, impose no paperwork burden on the public. While most land management planning activities do not involve information collection as defined in 5 CFR part 1320, the Agency recognizes that a wide variety of strategies may be used pursuant to the 2012 Planning Rule to engage the public in the planning process. To ensure compliance with the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and implementing regulations at 5 CFR part 1320 in a timely manner to support land management planning, the Agency has developed a generic information collection which is currently under review by OMB and has been assigned control number 0596– 0234. In addition, Chapter 50 of these final directives contains information collection requirements as defined in 5 CFR part 1320. The information collection requirements for the objection process to the land management plans has been approved by OMB and assigned control number 0596–0158. Dated: January 30, 2015. Robert Bonnie, Under Secretary, NRE. [FR Doc. 2015–02369 Filed 2–5–15; 8:45 am] BILLING CODE 3411–15–P ARCTIC RESEARCH COMMISSION 103rd Commission Meeting January 29, 2015. Notice is hereby given that the U.S. Arctic Research Commission will hold its 103rd meeting in Washington, District of Columbia, on March 4–5, 2015. The business sessions, open to the public, will convene at 9:00 a.m. The Agenda items include: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 6687 (1) Call to order and approval of the agenda (2) Approval of the minutes from the 102nd meeting (3) Commissioners and staff reports (4) Discussion and presentations concerning Arctic research activities. The focus of the meeting will be on Arctic policy issues, and on programs and research projects affecting the Arctic. If you plan to attend this meeting, please notify us via the contact information below. Any person planning to attend who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission of those needs in advance of the meeting. Contact person for further information: John Farrell, Executive Director, U.S. Arctic Research Commission, 703–525–0111 or TDD 703–306–0090. Kathy Farrow, Communications Specialist. [FR Doc. 2015–02346 Filed 2–5–15; 8:45 am] BILLING CODE 7555–01–P ARCTIC RESEARCH COMMISSION 103rd Commission Meeting January 29, 2015. Notice is hereby given that the U.S. Arctic Research Commission will hold its 103rd meeting in Washington, District of Columbia, on March 4–5, 2015. The business sessions, open to the public, will convene at 9:00 a.m. The Agenda items include: (1) Call to order and approval of the agenda (2) Approval of the minutes from the 102nd meeting (3) Commissioners and staff reports (4) Discussion and presentations concerning Arctic research activities. The focus of the meeting will be on Arctic policy issues, and on programs and research projects affecting the Arctic. If you plan to attend this meeting, please notify us via the contact information below. Any person planning to attend who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission of those needs in advance of the meeting. Contact person for further information: John Farrell, Executive Director, U.S. Arctic Research E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Pages 6683-6687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02369]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AD06


National Forest System, Land Management Planning Directives

AGENCY: Forest Service, USDA.

ACTION: Notice of final directives.

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SUMMARY: On February 29, 2013, the Forest Service (Agency) proposed to 
revise the Forest Service Handbook (FSH 1909.12) and Manual (FSM 1920) 
establishing procedures and responsibilities for implementing the 
National Forest System (NFS) land management planning regulation 
(collectively ``planning directives''). The final issuance of planning 
directives, effective today, will provide consistent overall guidance 
to Forest Service Line Officers and Agency employees in developing, 
amending, or revising land management plans for units of the NFS. 
Public comment was accepted until May 24, 2013. The Agency considered 
all public comment, including recommendations from an advisory 
committee formed pursuant to the Federal Advisory Committee Act (FACA), 
in developing final planning directives.

DATES: These directives are effective January 30, 2015.

ADDRESSES: The Forest Service Manual and Handbook, including the 
planning directives, are available electronically via the World Wide 
Web/Internet at https://www.fs.fed.us/im/directives. Single paper copies 
are available by contacting Annie Eberhart Goode, Forest Service, USDA, 
Ecosystem Management Coordination Staff (Mail Stop 1104), 1400 
Independence Avenue SW., Washington, DC 20250-1104. Additional 
information and analysis, including a description of how the Agency 
considered public comment, can be found at https://www.fs.usda.gov/main/planningrule/home.

FOR FURTHER INFORMATION CONTACT: Annie Eberhart Goode, Planning 
Specialist, Ecosystem Management Coordination staff, (202) 205-1056.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at (800) 877-8339 
between 8:00 a.m. and 8:00 p.m. Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: 

Background

    On April 9, 2012, the U.S. Department of Agriculture (Department or 
USDA) adopted final planning regulations for the NFS at 36 CFR part 219 
(77 FR 21161). These regulations, known collectively as the 2012 
Planning Rule, provide broad programmatic direction in developing and 
implementing land management plans. The rule explicitly directs the 
Chief of the Forest Service to establish planning procedures in the 
Forest Service Directives System (36 CFR 219.2(b)(5)(i). Those 
Responsible Officials that are implementing the 2012 Planning Rule 
shall follow the regulations at 36 CFR part 219 and the revised 
planning directives.
    The Forest Service Directives System consists of the Forest Service 
Manual (FSM) and the Forest Service Handbook (FSH), which contain the 
Agency's policies, practices, and procedures, and serves as the primary 
basis for the internal management and control of programs and 
administrative direction to Forest Service employees. The directives 
are set out on the World Wide Web/Internet at https://www.fs.fed.us/im/directives. Specifically, the FSM contains legal authorities, 
objectives, policies, responsibilities, instructions, and guidance 
needed on a continuing basis by Forest Service Line Officers and 
primary staff to plan and execute programs and activities. The FSH is 
the principal source of specialized guidance and instruction for 
carrying out the policies, objectives, and responsibilities contained 
in the FSM.
    FSM 1920 and FSH 1909.12 (planning directives) provide policy 
direction, objectives, instructions, and guidance for Forest Service 
Line Officers and primary staff to plan and execute the process of 
developing, revising, amending, and making administrative changes to 
land management plans to provide for the sustainability of ecosystems 
and resources; meet the need for forest restoration and conservation, 
watershed protection, and species diversity and conservation; and 
assist the Agency in providing a sustainable flow of benefits, 
including economic benefits, services, and uses of NFS lands. The 2012 
Planning Rule and the FSM 1920 and FSH 19092.12 together provide 
requirements and guidance for the Agency in land management planning 
pursuant to the National Forest Management Act.
    On February 29, 2013, the Forest Service proposed to revise the 
planning directives (FSM 1920 and FSH 1909.12) to ensure that the 
Agency's planning directives are consistent with the 2012 Planning 
Rule. Issuance of planning directives will provide consistent overall 
guidance to Forest Service Line Officers and Agency employees in 
developing, amending, or revising land management plans pursuant to the 
2012 Planning Rule. Public comment was accepted until May 24, 2013. The 
Agency considered all public comment in developing final planning 
directives.
    In addition to seeking public comment on the proposed directives, 
the Agency considered recommendations from the Planning Rule 
Implementation Federal Advisory Committee (FACA Committee), established 
in June 2012 to advise the Secretary of Agriculture and the Chief of 
the Forest Service regarding implementation of the 2012 Planning Rule. 
The FACA Committee is comprised of 21 members who provide balanced and 
broad representation of public interests including industry and user 
groups; environmental organizations; conservation organizations; 
recreation interests; members of the scientific community; State, 
County, or local elected officials (or designee); Tribal 
representatives; and other public interests. The initial FACA Committee 
provided its recommendations regarding the

[[Page 6684]]

proposed Planning Directives in November, 2013. The previous 
committee's membership expired in June 2014. The Secretary announced 
August 12, 2014, the selection of 21 new members to the FACA committee. 
The charter, background information, and other information for the 
Planning Rule Advisory Committee can be found www.fs.usda.gov/main/planningrule/committee. The committee was rechartered in June, 2014 to 
continue in an advisory capacity for an additional 2 years. The text of 
the initial FACA Committee's recommendations can be found at https://www.fs.usda.gov/detail/planningrule/home/?cid=stelprdb5346267.

Content of Final Directives

    The following is an overview of the content of the directives.
    FSM 1920--Land Management Planning Manual. This Forest Service 
Manual describes the responsibilities of Agency Line Officers and staff 
regarding the process for developing, revising, amending, and making 
administrative changes to land management plans for the National Forest 
System (NFS). It includes authorities and responsibilities. It should 
be used in conjunction with the FSH.
    FSH 1909.12--Land Management Planning Handbook. This FSH provides 
policy direction, objectives, instructions and guidance for the process 
of developing, revising, amending, and making administrative changes to 
plans for the NFS. It includes authorities and responsibilities.
    Zero Code. The chapter known as the zero code contains authorities, 
responsibilities, and select definitions applicable to subsequent 
chapters, along with definitions and guidance applicable to all 
sections of FSH 1909.12, such as direction on best available scientific 
information (BASI) and adaptive management. The zero code also includes 
exhibits or references not easily found electronically.
    Chapter 10--The Assessment. This chapter provides direction 
regarding the procedures for writing an assessment for development, 
amendment, or revision of land management plans.
    Chapter 20--Land Management Plan. This chapter describes the land 
management plan under the 2012 Planning Rule and provides guidance for 
developing, amending, and revising land management plans.
    Chapter 30--Monitoring. This chapter provides direction regarding 
the plan monitoring program, broader-scale monitoring strategy, and 
biennial evaluation of information obtained from implementation of the 
plan monitoring program.
    Chapter 40--Public Participation. This chapter sets out direction 
regarding provision of public participation opportunities and for 
collaboration, intergovernmental participation, and Tribal consultation 
relating to land management planning.
    Chapter 50--Objection Process. This chapter sets out direction 
regarding administration of the objection process that provides for 
administrative review of plans, plan revisions, and plan amendments 
before their approval.
    Chapter 60--Forest Vegetation Resource Planning. This chapter 
provides procedures for developing plan components and other plan 
content to guide management of timber resources, including 
identification of lands that are not suitable for timber production, 
limitations on timber harvest, display of the planned timber sale 
program, and components related to timber harvest for timber production 
or other purposes.
    Chapter 70--Wilderness Evaluation. This chapter provides direction 
for identifying and evaluating lands that may be suitable for inclusion 
in the National Wilderness Preservation System and determining whether 
to recommend any such lands for wilderness designation.
    Chapter 80--Wild and Scenic River Evaluation. This chapter provides 
direction for identifying and evaluating potential additions to the 
National Wild and Scenic Rivers System. This chapter also includes 
provisions on interim management of river segments determined to be 
eligible and suitable, documentation of study results, as well as the 
process for notifying Congress of Agency wild and scenic river 
recommendations.
    Chapter 90--Reserved.

Public Comments

    The availability of proposed directives for public review and 
comment was published in the Federal Register on February 27, 2013 (77 
FR 35323). The public comment period closed on April 29, but the Agency 
reopened the comment period for an additional 15 days to provide an 
opportunity to gather additional public input to inform the Agency's 
development of final planning directives. The Forest Service received 
17,449 responses to the proposed directives, consisting of letters, 
emails, Web-based submissions, and facsimiles. Of those, 370 were 
unique letters, and the remaining 17,079 responses were form letters. 
The responses were received from a wide variety of respondents from 
more than 40 states, and came from the public and non-governmental 
organizations as well as local governments and other State and Federal 
agencies.
    Public comment on the proposed planning directives addressed a wide 
range of topics. Many people supported the proposed planning directives 
or favored stronger guidance in particular areas, while others opposed 
the proposed directives or recommended limitations or alternate 
approaches to Agency policies related to land management planning. The 
Forest Service considered all the comments in finalizing the 
directives. This section provides a summary of revisions, by chapter, 
made in response to public comment. A more detailed description of 
public comments and the Agency's responses can be found at https://www.fs.usda.gov/planningrule.
    The following is a chapter-by-chapter overview of the comments 
provided about the directives and the Forest Service's response to 
those comments.

Zero Code

    Many comments were received regarding the use of best available 
scientific information (BASI) and adaptive management. Some commenters 
felt there was a lack of clear direction on how to implement adaptive 
management, while other questions centered on the use of BASI. 
Questions about BASI included objections to the detailed process for 
its integration, questions about sources of scientific information, and 
questions about how the Responsible Official will determine BASI.
    After considering these comments, the Forest Service clarified and 
modified the direction on BASI and adaptive management. The final 
directive simplifies the direction on considering the accuracy and 
reliability of information when making BASI determinations and 
clarifying sections on BASI documentation attributes. In addition, the 
direction on BASI and adaptive management was moved from Chapter 40 to 
the chapter on zero code since they are relevant to all chapters.
    Chapter 10. Assessment. Some comments about the assessment chapter 
concerned recommendations for clarifying the purpose and scale of the 
assessment and minimizing problems with data gaps. Other comments 
concerned specific assessment topics, such as socio-economic 
conditions, ecosystem services, and multiple uses. After considering 
comments, the Agency revised Chapter 10 so that the guidance for 
assessments more clearly defined terms and scale, reduced redundancy 
within the directives, and

[[Page 6685]]

added sources of information. For example, the Agency clarified how to 
identify species of conservation concern and the use of natural range 
of variation in the assessment. In addition, the Agency clarified the 
guidance for assessing the major contributions of the plan area to 
social, cultural, and economic conditions from multiple uses, ecosystem 
services, infrastructure, and administrative operations of the plan 
area.
    The Agency added a requirement for the Responsible Official to 
publish a notice in the Federal Register to announce the beginning of 
the assessment.
    Chapter 20--Land Management Plan. Chapter 20 sets out the 
procedures for developing, amending, and revising land management plans 
under the 2012 Planning Rule. Comments on developing plans were 
extensive, and ranged from general observations about the process to 
specific comments about a variety of plan components and procedures. 
Comments covered topics such as direction on water resources 
management, fire management, and the role of recreation. For example, 
some of the recreational concerns were that recreation was not clearly 
addressed in the section that set out the matters to be considered 
during plan revision. Commenters also had concerns about requiring the 
inclusion of specific direction in plans, such as requiring plans to 
include project consistency guidelines.
    After considering these comments, the Forest Service made many 
edits and clarifications. For example, the Agency clarified the 
direction on the need to change the plan, and the requirements for 
integrating plan components, such as desired conditions, standards, 
guidelines, and objectives. The Agency added the direction that the 
Responsible Official should complete the plan development or plan 
revision, from the public notice of the assessment to final plan 
approval, within 4 years. Other parts of Chapter 20 were rewritten or 
replaced; for example, the section on recreation guidance was revised 
to require application of the Recreation Opportunity Spectrum tool in 
parts of the plan and to more clearly define sustainable recreation.
    The Agency also enhanced guidance on how to coordinate required 
National Environmental Policy Act (NEPA) procedures with the required 
planning procedures. The Agency expanded sections for species of 
conservation concern to give guidance on the responsibilities of the 
Regional Forester, including guidance on managing new information. The 
Agency clarified how the Responsible Official should design plan 
components for ecological integrity and the influence of climate 
change. The Agency also added a section to clarify how land management 
plans give direction for designated areas.
    Chapter 30--Monitoring. In general, comments on Chapter 30 
emphasized the need to acknowledge and use consistent monitoring data 
generated throughout the plan's lifecycle. Questions were also raised 
about ensuring adequate funding to help ensure the success of 
monitoring programs. Some commenters suggested specific changes to 
information considered when identifying monitoring indicators. In 
response to these comments, edits were made throughout the chapter to 
improve clarity. The Agency added direction about questions and 
indicators for social, cultural, and economic sustainability to the 
guidance for monitoring progress toward meeting desired conditions and 
objectives
    Chapter 40--Public Participation. Comments on Chapter 40 regarding 
adaptive management and best available science were reflected in 
revisions to the zero code.
    With regard to public participation, some commenters sought an 
expanded discussion of how the Forest Service is to provide 
opportunities for public involvement in the planning process. After 
considering these comments, and to improve clarity, the content of 
Chapter 40 was revised to focus on public participation only. Changes 
to Chapter 40 included providing guidance on working with other public 
agencies and tribes during the land management planning process. This 
guidance includes a section on the participation of and consultation 
with federally recognized Indian tribes, Alaska Native Corporations, 
other Federal agencies, and State and local governments. Also, Chapter 
40 provides guidance on coordinating the public engagement processes 
required by both the 2012 Planning Rule and NEPA. The additional 
guidance identifies the requirements for formal notices and other forms 
of outreach to the public.
    Chapter 50--Objection Process. There were few comments on the 
objection process, and the majority of these asked for clarifications 
regarding various parts of the objection process. In response, the 
Agency added definitions and clarifications throughout the chapter, 
including clarification of who is eligible to object or participate as 
an interested person. Some commenters wanted to see the entire 
objection process eliminated. The Agency responded that the objection 
process could not be eliminated, as the 2012 Planning Rule mandates it. 
Revisions to Chapter 50 were also made to clarify the Reviewing 
Officer's discretion in managing resolution meetings.
    Chapter 60--Forest Vegetation Resource Planning. Comments focused 
on various aspects of the guidance on National Forest Management Act 
(NFMA) requirements and 2012 Planning Rule requirements. This included 
aspects related to identifying lands suitable for timber production, 
and plan components needed to comply with NFMA requirements for timber 
harvest. The Forest Service was also asked to clarify various terms and 
definitions in the chapter, including the calculation of long-term 
sustained yield capacity and other measures of timber volume. After 
considering comments, the Forest Service made changes to the chapter to 
improve clarity by revising narratives, adding displays, and adopting a 
new set of terminology and definitions for measures of timber volume.
    Chapter 70--Wilderness Planning. A significant percentage of the 
comments received concerned Chapter 70, which describes the process 
during land management planning of inventorying, evaluating, and 
analyzing National Forest System lands for possible inclusion in the 
National Wilderness Preservation System. Many respondents sent a form 
letter which was generally supportive of the broadly inclusive nature 
of the procedure outlined for inventorying and evaluating potential 
wilderness lands. The letter also urged the Forest Service to go 
further in the preservation of potential wilderness areas by 
prohibiting all motorized uses from potential wilderness areas, pending 
designation decisions. Other respondents sent a form letter expressing 
views highly critical of the new inventory and evaluation process, and 
objecting to what was perceived as the creation of de facto wilderness 
without Congressional approval. Respondents also commented that 
identifying broad areas of Forest lands as potential wilderness and 
managing them for wilderness qualities would effectively eliminate 
motorized recreation uses across large sections of Forests.
    Additional concerns focused on the inventory process, seeking 
clarification on how inventories would be conducted, whether existing 
inventory data could be included, and the criteria to be used for 
wilderness inventories. Concerns also focused on the management of 
recommended wilderness areas, including whether or not recommended 
areas should be managed as wilderness.

[[Page 6686]]

    After considering comments, the Forest Service edited Chapter 70 to 
clarify the inventory process including the use of existing 
information, previous decisions, travel management, travel analysis, 
public engagement, and government to government engagement. In 
addition, the Agency retained the approach included in the proposed 
directives to keep the inventory process broad, inclusive, and 
transparent to the public, but the final directives eliminate from the 
inventory areas that contain certain types of roads. Finally, the 
chapter was edited to clarify the range of management actions available 
to the Responsible Official once a decision is made to recommend an 
area for inclusion in the Wilderness Preservation System.
    Chapter 80--Wild and Scenic River Planning. Some commenters were 
concerned about the process for identifying and evaluating potential 
Wild and Scenic Rivers during plan revisions. Most of these concerns 
focused on the inventory process, and commenters sought clarification 
on elements such as river segment eligibility. After considering 
comments, the Agency reorganized the chapter and made several 
clarifications, including clarifying the process for identifying river 
eligibility. Chapter 80 was also revised to clarify interim management 
of study rivers.

FACA Committee Recommendations

    The FACA Committee provided recommendations regarding the proposed 
directives to the Agency for consideration. The Agency substantially 
incorporated the FACA Committee's recommendations into the final 
directives. A detailed description of the Agency's response to each 
recommendation from the FACA Committee can be found at https://www.fs.usda.gov/planningrule.
    The following is a chapter-by-chapter overview of the FACA 
Committee recommendations provided about the directives and the 
Agency's response.
    Forest Service Manual--The final directives reflect the FACA 
Committee's recommendation to clarify intent for timing, objectives, 
policies, and Responsible Official obligations regarding planning.
    Zero code--The FACA Committee recommended revision of definitions 
and inclusion of several new definitions, and the Agency both revised 
the definitions section and included additional language in other 
sections of the directives that support the definitions.
    Chapter 10--Changes to the assessment's approach to social, 
cultural, and economic conditions were incorporated into the final 
directives, along with revisions recommended by the FACA Committee on 
ecological concepts, transparency, adaptive management, climate change, 
natural range of variation, recreation, and designation areas.
    Chapter 20--Revisions related to the description of plan components 
and the integration of multiple planning needs into land management 
plans were incorporated into the final directives, along with revisions 
recommended by the FACA Committee on social and economic 
sustainability, ecosystem integrity, natural range of variation, and 
water resources.
    Chapter 30--FACA Committee recommendations related to the 
monitoring program, including partnerships, were incorporated into the 
final directives.
    Chapter 40--Revisions recommended by the FACA Committee related to 
notifications, outreach to underserved communities, and interaction 
with Tribes, States, and local governments were incorporated into the 
final directives.
    Chapter 50--Revisions related to participation of interested 
persons in the objection process and provisions related to transparency 
were recommended by the FACA Committee and incorporated into the final 
directives.
    Chapter 60--Revisions related to monitoring timber management were 
incorporated into the final directives, based on recommendations by the 
FACA Committee.
    Chapter 70--The FACA Committee recommended provisions to clarify 
public participation opportunities, overall transparency in the 
wilderness evaluation process, the inventory process and evaluation; 
these approaches were included in the final directives.

Regulatory Certifications

Regulatory Impact

    This notice has been reviewed under USDA procedures and Executive 
Order (E.O.) 12866, Regulatory Planning and Review. The Office of 
Management and Budget (OMB) has reviewed this notice and has determined 
that it is a significant action because of the high level of public 
interest in the Forest Service's land management planning activities, 
which will be guided by the directives.
    The final directives would not have an annual effect of $100 
million or more on the economy nor adversely affect productivity, 
competition, jobs, the environment, public health or safety, nor State 
or local governments. The final directives would not interfere with an 
action taken or planned by another agency nor raise new legal or policy 
issues. Finally, the final directives would not alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients of such programs. Moreover, the 
final directives have been considered in light of E.O. 13272 regarding 
proper consideration of small entities and the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), which amended the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No direct or 
indirect financial impact on small businesses or other entities has 
been identified. Therefore, it is hereby certified that these final 
directives will not have a significant economic impact on a substantial 
number of small entities as defined by the act.

Environmental Impact

    These final directives provide the detailed direction to Agency 
employees necessary to carry out the final 2012 Planning Rule codified 
at 36 CFR part 219 governing land management planning. Forest Service 
NEPA procedures exclude from documentation in an environmental 
assessment or impact statement ``rules, regulations, or policies to 
establish servicewide administrative procedures, program processes, or 
instructions.'' 36 CFR 220.6(d)(2). The Agency's conclusion is that 
these final directives fall within this category of actions and that no 
extraordinary circumstances exist as currently defined that require 
preparation of an environmental assessment or an environmental impact 
statement.

No Takings Implications

    These final directives have been analyzed in accordance with the 
principles and criteria contained in E.O. 12360, Governmental Actions 
and Protected Property Rights, and it has been determined that they 
would not pose the risk of a taking of private property as they are 
limited to the establishment of administrative procedures.

Energy Effects

    These final directives have been analyzed under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. It has been determined that they do not 
constitute a significant energy action as defined in the Executive 
Order.

[[Page 6687]]

Civil Justice Reform

    These proposed directives have been reviewed under E.O. 12988, 
Civil Justice Reform. These final directives will guide the work of 
Forest Service employees and are not intended to preempt any State and 
local laws and regulations that might be in conflict or that would 
impede full implementation of these directives. The directives would 
not retroactively affect existing permits, contracts, or other 
instruments authorizing the occupancy and use of NFS lands and would 
not require the institution of administrative proceedings before 
parties may file suit in court challenging their provisions

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the effects of these final directives on State, local, and Tribal 
governments, and on the private sector have been assessed and do not 
compel the expenditure of $100 million or more by any State, local, or 
Tribal government, or anyone in the private sector. Therefore, a 
statement under section 202 of the act is not required.

Federalism

    The Agency has considered these final directives under the 
requirements of E.O. 13132, Federalism. The Agency has made an 
assessment that they conform with the federalism principles set out in 
this Executive Order; would not impose any significant compliance costs 
on the States; and would not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Moreover, these final directives address 
the land management planning process on National Forests, Grasslands or 
other units of the NFS, and provide direction regarding the Agency's 
interaction with State, local and Tribal governments, to ensure 
consideration of concerns, impacts and opportunities.

Consultation and Coordination With Indian Tribal Governments

    The Forest Service conducted government-to-government consultation 
on the planning directives. The Forest Service considers Tribal 
consultation as an ongoing, iterative process that encompasses 
development of the proposed directives through the issuance of final 
directives. The Agency contacted all federally recognized Tribes and 
Alaska Native Corporations by mail to formally initiate consultation on 
the proposed directives and asked for comments within 120 days. Hopi 
Nation Tribal leaders requested consultation and met with the Deputy 
Regional Forester of Region 3 on June 6, 2013, to discuss the planning 
directives. Written comments were received from tribes in California 
and Oregon, the California Indian Water Commission and an Alaska native 
corporation. Comments were focused on coordination and consultation 
with tribes and Alaska native corporations.

Controlling Paperwork Burdens on the Public

    These final directives do not contain any record keeping or 
reporting requirements or other information collection requirements as 
defined in 5 CFR part 1320 and, therefore, impose no paperwork burden 
on the public. While most land management planning activities do not 
involve information collection as defined in 5 CFR part 1320, the 
Agency recognizes that a wide variety of strategies may be used 
pursuant to the 2012 Planning Rule to engage the public in the planning 
process. To ensure compliance with the review provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 
implementing regulations at 5 CFR part 1320 in a timely manner to 
support land management planning, the Agency has developed a generic 
information collection which is currently under review by OMB and has 
been assigned control number 0596-0234. In addition, Chapter 50 of 
these final directives contains information collection requirements as 
defined in 5 CFR part 1320. The information collection requirements for 
the objection process to the land management plans has been approved by 
OMB and assigned control number 0596-0158.

    Dated: January 30, 2015.
Robert Bonnie,
Under Secretary, NRE.
[FR Doc. 2015-02369 Filed 2-5-15; 8:45 am]
BILLING CODE 3411-15-P
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