Final Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10, 12447-12451 [2016-04804]
Download as PDF
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
These treatments include meadow
restoration and enhancement;
noncommercial thinning of trees and
shrubs less than 7 inches diameter at
breast height (DBH), pruning and
planting.
7. Recreation related activities include
visual treatment of the powerline
corridor, enhancement of Short Lake
area and around Fox Creek
Campground.
8. Thinning and fuels treatments will
occur on approximately 802 acres of
Riparian Reserves outside of riparian
buffers to accelerate and/or improve
Aquatic Conservation Strategy
Objectives (ACSOs). Additional
Riparian Reserve treatments could occur
on up to 50 acres within buffers,
including diversity thinning in
plantations, wood placement in creeks
and cutting and leaving conifers in areas
of hardwoods to encourage hardwood
growth. All treatments will be designed
to accelerate and/or improve ACSOs.
Responsible Official
Detroit District Ranger.
Lhorne on DSK5TPTVN1PROD with NOTICES
Nature of Decision To Be Made
Given the purpose and need, the
scope of the decision to be made by the
responsible official will be as follows:
• Do the proposed actions comply
with all applicable laws governing
Forest Service actions?
• Do the proposed actions comply
with the applicable standards and
guidelines found in the Willamette Land
and Resource Management Plan
(LRMP)?
• Does the Environmental Impact
Statement have sufficient site-specific
environmental analysis to make an
informed decision?
• Do the proposed actions meet the
purpose and need for action?
With these assurances the responsible
official must decide:
• Whether or not to select the
proposed action or one of any other
potential alternatives that may be
developed, and what, if any, additional
actions should be required.
Scoping Process
This notice of intent initiates the
scoping process, which guides the
development of the environmental
impact statement.
It is important that reviewers provide
their comments at such times and in
such manner that they are useful to the
agency’s preparation of the
environmental impact statement.
Therefore, comments should be
provided prior to the close of the
scoping comment period and should
clearly articulate the reviewer’s
concerns and contentions.
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
We are interested in your comments
on the following questions:
• Are there alternative ways to meet
the purpose of the project other than the
proposed action we offer, which you
would like the Forest Service to
consider and analyze?
• Is there any information about the
project area, which you believe is
important in the context of the proposed
activities that you would like the Forest
Service to consider?
• What specifically are the potential
effects of this proposal that you are
particularly concerned about? For
example, rather than simply stating that
you would like a change in a proposed
activity or that you would not like an
activity to take place, it is most helpful
to understand why you desire this.
What are your underlying concerns with
an activity or action; what are the effects
from the activity that concern you?
Comments received in response to
this solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered; however, anonymous
comments will not provide the Agency
with the ability to provide the
respondent with subsequent
environmental documents.
Dated: February 29, 2016.
Grady McMahan,
District Ranger.
[FR Doc. 2016–05257 Filed 3–8–16; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AD15
Final Directives on American Indian
and Alaska Native Relations Forest
Service Manual 1500, Chapter 1560,
and Forest Service Handbook 1509.13,
Chapter 10
Forest Service, USDA.
Notice of final directives.
AGENCY:
ACTION:
The Forest Service has
revised its internal Agency directives for
American Indian and Alaska Native
Relations to update existing direction
for the Agency to work effectively with
Indian tribes. The directives were last
revised in 2004, with an Interim
Directive issued in 2012. The final
issuance of these directives, effective
upon publication, will provide
consistent overall internal Forest
Service policy to: Explain the methods
used to engage with tribes on a
SUMMARY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
12447
government-to-government basis,
describe the authorities for working
with tribes, delineate meaningful
consultation procedures, and outline
dispute resolution options. The tribal
and public comment period closed
concurrently on September 22, 2015.
The Agency considered all comments in
developing these final directives.
DATES: These directives are issued
March 9, 2016.
ADDRESSES: The Forest Service Manual
and Handbook are available online at
https://www.fs.fed.us/spf/tribalrelations/.
Single paper copies are available by
request to the Office of Tribal Relations,
U.S. Forest Service, at OTR@fs.fed.us.
Additional information of how the
Agency considered public comment can
be requested in writing to Office of
Tribal Relations, U.S. Forest Service,
Sidney R. Yates Building, 201 14th
Street SW., Washington, DC 20250–
0003.
FOR FURTHER INFORMATION CONTACT: Fred
Clark, Director, Office of Tribal
Relations, U.S. Forest Service, 202–205–
1514. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION:
1. Background and Need for the Final
Directive
On January 18, 2013, the U.S.
Department of Agriculture (USDA)
adopted Departmental Regulation No.
1350–002 on tribal consultation,
coordination, and collaboration.
Departmental Regulations
institutionalize the broad programmatic
direction for all USDA agencies to
develop and implement processes for
tribal consultation, coordination, and
collaboration. This Departmental
Regulation explicitly holds the head of
each USDA agency accountable for the
implementation of this policy. In March
2013, the Forest Service (Agency) Office
of Tribal Relations (OTR) began to
review the Forest Service manual and
handbook to ensure it was consistent
with the Departmental Regulation as
well as the 2012 Report to the Secretary,
USDA Policy and Procedures Review
and Recommendations: Indian Sacred
Sites, and legislation (specifically the
Culture and Heritage Cooperation
Authority provisions of the Food,
Conservation, and Energy Act of 2008
[Pub. L. 110–246; the Farm Bill]).
Upon reviewing these documents, it
was necessary to amend the Agency
manual and handbook, and OTR began
E:\FR\FM\09MRN1.SGM
09MRN1
12448
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
to draft proposed directives which
included tribal implications as defined
by Executive Order 13175,
‘‘Consultation and Coordination with
Indian Tribal Governments.’’ OTR began
an initial 120-day consultation with
tribes on June 6, 2013, but extended the
consultation period for almost two years
to thoroughly discuss the proposed
directives in various locations
throughout the U.S. On July 24, 2015,
the Forest Service published the notice
of proposed directives and request for
comment (80 FR 44019), and the
comment period ended on September
22, 2015.
Lhorne on DSK5TPTVN1PROD with NOTICES
2. Content of Final Directives
The following is an overview of the
content of the directives.
a. Forest Service Manual 1560
1563—Tribal Relations. This Forest
Service Manual section outlines the
Forest Service Tribal Relations policy
generally. It sets forth direction beyond
consultation to include coordination
and collaboration, recognizing the value
of collaboration. The section encourages
engagement with Alaska Native
Corporations, non-federally recognized
tribes, Native Hawaiians, along with
American Indian and Alaska Native
individuals, communities, intertribal
organizations, enterprises, and
institutions.
1563.01—Authorities. This section
provides information on Constitutional
Articles corresponding to Indian tribes,
statutes (e.g., Tribal Forest Protection
Act of 2004 [25 U.S.C. 3115a]),
executive orders, policies, Indian treaty
rights, and provides context for the
Federal trust responsibility to tribes.
1563.02—Objectives. This section
expands the objectives of the Forest
Service in meeting its trust
responsibility and adds support for the
UN Declaration on the Rights of
Indigenous Peoples.
1563.03—Policy. This section
expands Agency policy to consult with
tribes in a meaningful way, document
all consultation processes, and keep
confidential any information that is
tribally sensitive or proprietary.
1563.04—Responsibilities. This
section outlines the responsibilities in
fulfilling the trust responsibility and
consultation mandate to the following
Agency personnel: Chief, Deputy Chiefs,
Director of the Washington Office of
Tribal Relations, Regional Tribal
Relations Program Managers, Forest/
Grasslands Supervisors, District
Rangers, and all Tribal Liaisons within
the Forest/Grassland, Research and
Development, and State and Private
Forestry divisions.
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
1563.05—Definitions. This section
provides definitions of the terms
commonly used to describe the FederalTribal relationship.
1563.10—Consultation with Indian
Tribes and Alaska Native Corporations.
This section outlines the steps in the
consultation process generally,
including subsections outlining the
roles for consulting officials, associated
timelines, evaluations, and additional
considerations.
1563.2—Dispute Resolution. This
section expands on dispute resolution
and appeal procedures for Indian tribes.
1563.3—Reburial of American Indian
and Alaska Native Ancestral Remains
and Cultural Items. This section
expands guidance on repatriation and
reburials, including general
considerations as well as reviews.
1563.4—Closures for Traditional and
Cultural Purposes. This section
describes closures for temporary and
cultural purposes per 25 U.S.C. 32A
§ 3054.
1563.6—Prohibition on Disclosure.
This section covers prohibition against
disclosure per 25 U.S.C. 32A § 3056.
1563.7—Information and Technology
Sharing. This section describes working
with tribes to incorporate traditional
ecological knowledge as well as
traditional tribal practices and locations
that should be considered in Forest
Service land management planning and
research activities.
1563.8—References. This section
elaborates in the authorities identified
in section 1563.01.
b. Forest Service Handbook 1509.13
10.01—Authorities. This section
includes statutes, Executive Orders, and
regulations that govern Federal
agencies’ relationship with tribes.
11—Consultation with Tribes. This
section expands on consultation roles
and responsibilities, timelines,
consultation process, and monitoring
and evaluation processes for compliance
monitoring.
12—Compensation. This section
includes funding authorities for
compensation for consultation, historic
preservation.
13—Training. This section includes
suggestions for mandated training on
sacred sites and related core
competencies.
14—Exhibits. This section references
additional authorities for management
of Indian sacred sites.
3. Public Comments
The Agency received only 15
comments on the proposed directives.
However, because of strong outreach,
coordination, and consultation
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
conducted with tribal partners by OTR
in the development of these directives,
the Agency did not anticipate receiving
many comments. The comments were
generally supportive of these directives,
and most were from tribes or tribal
offices that interact with the Forest
Service in a fairly routine manner. The
following is a breakdown of the
comments provided about the directives
and the Agency’s response to those
comments.
FSM 1563
Categorization of the Manual Title
Several comments stated that the
emphasis should be on the governmentto-government relationship because a
federal-tribal relationship is not
‘‘External Affairs,’’ but instead ‘‘Internal
Affairs’’ and believe these directives are
mislabeled within this category heading.
After considering this request, the
Agency took no action. The reason
Forest Service Manual 1500, Chapter
1560, Section 1563 is listed under the
heading ‘‘External Affairs’’ is because it
involves a party that is not officially
employed by the US Forest Service.
Many other relationships with
organizations outside of the Agency are
described within Manual 1500, such as
counties and local agencies, which are
under Section 1562. The heading is not
intended to minimize the governmentto-governmental relationship Federal
agencies have with Indian tribes; rather,
in this context, when a Forest Service
employee engages with any person or
organization that is not an employee of
the US Forest Service (i.e., an internal
party), it is external to the Agency.
Federal Trust Responsibility
Several comments stated that
although various individuals,
communities, intertribal organization,
enterprises, or education institutions
may publicly identify as ‘‘tribal,’’ it is
important to note that these groups do
not have the same legal status or rights
as federally recognized tribes (i.e.,
Federal trust responsibilities).
The Agency agrees and has modified
the text accordingly. Forest Service
Handbook Section 1509.13, Chapter 10
reads: ‘‘The rights of tribal governments
and their officials are not the same, nor
should they be treated the same as the
general public.’’ This language was
inserted into Manual 1500, Chapter
1560 for consistency. Moreover, the
trust responsibility is discussed at
length in two separate sections in the
FSM 1560—the language has been
slightly amended to ensure consistency
throughout the document.
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Several respondents also noted the
relationship between treaties reserved
rights and how they correlate under the
trust responsibility. Commenters want
the Forest Service to understand how
tribes regulate their members’ exercise
of such rights, rights that are reaffirmed
individually through unique statutory
references (e.g., individual tribal treaty)
as well as off-reservation treaty rights,
separate reservation homelands, and
other reserved rights.
After considering these comments, the
Agency did not take any specific action.
The directives explain the basis for
treaty rights, how tribes continue to
exercise such rights today, and the trust
responsibilities the Agency holds. These
directives were specifically written for
Forest Service employees to understand
the broad applicability and expansive
nature of the Federal trust responsibility
as well as the more specific obligations
under reserved treaty rights. Using
general descriptions encourages a
flexible interpretation of legal
responsibilities and encourages building
strong relationships with individual
Indian tribes, in the context of that
tribe’s treaty status.
Lhorne on DSK5TPTVN1PROD with NOTICES
Federal Status of Tribes
Several comments identified that the
authority to work with federally
recognized Indian tribes does not
address relationships with non-federally
recognized tribes who may have a
stakeholder interests in the Federal
agency actions.
After considering these comments,
there is no clear legal standing for the
Forest Service to include non-federally
recognized tribes, or even other
indigenous communities from the US
(such as Native Hawaiians), or from
foreign territories that border US lands.
Executive Order 13175 ‘‘Coordination
and Consultation with Indian Tribes’’
specifically defines Indian tribes as ‘‘an
Indian or Alaska Native tribe, band,
nation, pueblo, village, or community
that the Secretary of the Interior
acknowledges to exist as an Indian tribe
pursuant to the Federally Recognized
Indian Tribe List of 1994, 25 U.S.C.
479a.’’ This is the baseline authority for
all Federal agencies to engage and
consult with Indian tribes and (through
other laws) Alaska Native Corporations.
Therefore, it is important to provide a
framework within the context of these
directives for Forest Service employees
to understand how the Agency is legally
obligated to engage with tribes affected
by the Federal trust responsibility,
which is only extended to federally
recognized tribes, and with Alaska
Native Corporations.
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
However, the Forest Service strongly
supports working with tribes and tribal
communities notwithstanding federal
acknowledgment. The mechanisms and
procedures used to accomplish those
interactions and partnerships are those
contained in the Agency’s overall
authorities, rather than in those for
Indian tribes and Alaska Native
Corporations.
Native American Graves Protection and
Repatriation Act (NAGPRA)
There were a few comments on
Alaska Native Corporations (ANCs)
having no legal standing as proper
authorities for consultation for the
purposes of NAGPRA. If a corporation
wishes to be a party to a NAGPRA
consultation, they should have express
written consent from the tribe that
clearly identifies the corporation is
acting as their agent.
The Agency agrees and has modified
the text accordingly. The following
language has been inserted: ‘‘Alaska
Native Corporations (ANCs) do not have
legal authority to consult for NAGRPA
purposes; however, if an Alaska tribe
expressly gives consent in writing that
an ANC is acting as their authorizing
agent in a NAGPRA consultation, the
request should be considered.’’
UN Declaration on the Rights of
Indigenous Peoples (UNDRIP)
One comment suggests that Article 19
should be included because ‘‘consent’’
is an important term to incorporate for
tribes to enter into any sort of
relationship with a Federal entity.
After much consideration, the Agency
agrees and has modified the text
accordingly. The US endorsed the
UNDRIP in 2010. Simply, Article 19
calls on governments to secure the
consent of indigenous peoples on
matters of general public policy. The US
Department of State has yet to issue
guidance on the meaning and
implications of consent in this context,
and the Agency therefore considers the
UNDRIP as an ideal the Federal
Government should strive toward in its
dealings with indigenous peoples and as
an important international perspective.
Role of Coordination and Collaboration
Several commenters noted there was
no definition of collaboration in the
directives and if collaboration is to serve
a purpose in support of consultation, it
should be clearly defined in the
definitions section. It should also be
made clear that collaboration is not the
primary way the Forest Service intends
to meets its trust responsibilities with
tribes nor is coordination ever to be
done in lieu of consultation.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
12449
The Agency agrees and has modified
the text accordingly. The Forest Service
has included the definition of
collaboration published in the USDA
Departmental Regulation on Tribal
Consultation, Coordination, and
Collaboration (DR1350–002: January 18,
2013) to maintain consistency across
Agency guidance documents. Further,
in Section 1563.03.e, language was
inserted that reads: ‘‘To be clear,
coordination and collaboration with
tribes are key to building long-term,
meaningful relationships and should be
viewed as a component of daily
operations; however, tribal coordination
and collaboration efforts do not
supersede or substitute tribal
consultation on a specific topic.’’
FSH 1509.13, Chapter 10
Treaty Rights
Several people commented on
FSH1509.13, Section 13.3, Core
Competencies, subsection (1)(e) which
is titled Legal Context. In working with
Indian tribes, there is nothing
mentioned regarding unratified treaties
or unextinguished land titles, and these
should be specifically identified in this
section.
After considering these comments, the
Agency agrees and has clarified and
modified the text accordingly. The FSH
is specifically written for Forest Service
employees to understand the broad
applicability and see the expansive
nature of the federal trust responsibility
and treaty obligations. Using general
descriptions encourages a flexible
interpretation of legal responsibilities
and encourages building strong
relationships with individual Indian
tribes, while keeping their land title and
treaty status in mind. The topics of
unratified treaties and unextinguished
land titles (and the additional topic of
unsettled land claims) are now included
in the section on Core Competencies.
Sacred Sites
Many comments suggested that the
Forest Service should request sacred
sites trainings be hosted by tribes and
include tribal staff in the development
of internal Forest Service trainings. The
Agency reviewed the language and
concluded this request was included
that in the proposed directives. Federal
agencies often lack the framework to
contextualize tribal knowledge systems.
However, Tribal staff and other Native
people can often more clearly identify
and accurately assess sacred sites issues.
Language in section 13.2 states that
Forest Service employees should ‘‘Invite
AI/AN people to assist in developing
and delivering core curricula.’’ Further,
E:\FR\FM\09MRN1.SGM
09MRN1
12450
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Forest Service units are instructed to
‘‘reach out to local Indian tribes to ask
for their assistance in both developing
and delivering training to Forest Service
employees’’ and to ‘‘coordinate with
local Tribes when sponsoring Forest
Service workshops and training to
include tribal perspectives.’’ These
aspects are incorporated directly from
the 2012 Sacred Sites Report.
4. Regulatory Certifications
Environmental Impact
This final directive revises national
Forest Service policy to update existing
direction for the Agency to effectively
work together with Indian tribes. 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
Service-wide administrative procedures,
program processes, or instructions.’’ The
Agency has concluded that this final
directive falls within this category of
actions and that no extraordinary
circumstances exist which would
require preparation of an environmental
assessment or environmental impact
statement.
Lhorne on DSK5TPTVN1PROD with NOTICES
Regulatory Impact
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) at the Office
of Management and Budget (OMB) will
review all significant regulatory actions.
OIRA has determined that this final
policy action is not significant.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovated, and least burdensome
tools for achieving regulatory ends. The
E.O. directs agencies to consider
regulatory approaches that reduce
burdens and maintain flexibility and
freedom of choice for the public where
these approaches are relevant, feasible,
and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
these directives in a manner consistent
with these requirements.
These directives will not impose recordkeeping requirements on small entities;
they will not affect their competitive
position in relation to large entities; and
they will not affect their cash flow,
liquidity, or ability to remain in the
market.
Small Business Regulatory Enforcement
Fairness Act
These directives are not considered
major under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. They will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. The directives’
requirements will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. Nor will
these directives have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises
because the rule is limited to
consultation with federally
acknowledged Indian tribes.
Unfunded Mandates Reform Act
The directives do not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 Million per year. The
dirctives do not have a significant or
unique effect on State, local, or tribal
governments or the private sector. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
No Takings Implications (E.O. 12630)
Under the criteria in Executive Order
12630, these directives do not affect
individual property rights protected by
the Fifth Amendment nor do they
involve a compensable ‘‘taking.’’ A
takings implication assessment is
therefore not required.
Regulatory Flexibility Act
Federalism (E.O. 13132)
Under the criteria in Executive Order
13132, this document has no substantial
direct effect 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.
The Agency certifies that these
directives will not have a significant
economic effect on a substantial number
of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et. seq.).
Civil Justice Reform (E.O. 12988)
These directives comply with the
requirements of Executive Order 12988.
Specifically, these directives were
reviewed to eliminate efforts and
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
ambiguity and written to minimize
litigation; and are written in clear
language and contains clear legal
standards.
Consultation With Indian Tribes (E.O.
13175)
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments,’’ 59 FR 22951 (May 4,
1994), supplemented by Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, 65 FR 67249 (Nov. 6,
2000), the Agency assessed these
directives to have tribal implications as
defined in E.O. 13175. The 120-day
consultation with Indian tribes and
Alaska Native Corporations was
conducted from June 6, 2013, to October
6, 2013, as required, and was further
extended over a nearly two-year period.
Because of strong outreach,
coordination, and consultation
conducted with tribal partners in the
development of these directives, the
Agency received only 15 comments. The
comments were generally supportive of
these directives, and most were from
tribes or tribal offices that interact with
the Forest Service in a fairly routine
manner. Additional outreach to Indian
tribes and intertribal organizations will
convey the availability of the final
directives.
Paperwork Reduction Act
These final directives do not contain
any recordkeeping 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.
National Environmental Policy Act
These directives do not constitute a
major Federal action significantly
affecting the quality of the human
environment because it is of an
administrative, technical, and
procedural nature. See 43 CFR 46.210(i).
No extraordinary circumstances exist
that would require greater review under
the National Environmental Policy Act.
Effects on the Energy Supply (E.O.
13211)
This final policy action is not a
significant energy action under the
definition in Executive Order 13211. A
Statement of Energy Effects is not
required.
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Notices
Dated: February 8, 2016.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016–04804 Filed 3–8–16; 8:45 am]
BILLING CODE 3415–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
Ashley Resource Advisory Committee
Meeting
Forest Service, USDA.
Notice.
AGENCY:
ACTION:
The Ashley Resource
Advisory Committee (RAC) will meet in
Vernal, Utah. The committee is
authorized under the Secure Rural
Schools and Community SelfDetermination Act (the Act) and
operates in compliance with the Federal
Advisory Committee Act. The purpose
of the committee is to improve
collaborative relationships and to
provide advice and recommendations to
the Forest Service concerning projects
and funding consistent with Title II of
the Act. RAC information can be found
at the following Web site: https://
cloudapps-usda-gov.force.com/FSSRS/
RAC_Page?id=001t0000002JcvKAAS.
DATES: Meeting will be held from 6:00
p.m. to 8:00 p.m. on March 16, 2016. All
RAC meetings are subject to
cancellation. For status of meeting prior
to attendance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
SUMMARY:
The meeting will be held at
Ashley National Forest (NF)
Supervisor’s Office, 355 North Vernal
Avenue, Vernal, Utah. Written
comments may be submitted as
described under SUPPLEMENTARY
INFORMATION. All comments, including
names and addresses when provided,
are placed in the record and are
available for public inspection and
copying. The public may inspect
comments received at Ashley NF
Supervisor’s Office. Please call ahead to
facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT:
Louis Haynes, RAC Coordinator, by
phone at 435–781–5105 or via email at
ljhaynes@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 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION: The
purpose of the meeting is to review draft
project long forms. The meeting is open
Lhorne on DSK5TPTVN1PROD with NOTICES
ADDRESSES:
VerDate Sep<11>2014
15:08 Mar 08, 2016
Jkt 238001
to the public. The agenda will include
time for people to make oral statements
of three minutes or less. Individuals
wishing to make an oral statement
should request in writing by March 2,
2016, to be scheduled on the agenda.
Anyone who would like to bring related
matters to the attention of the committee
may file written statements with the
committee staff before or after the
meeting. Written comments and
requests for time for oral comments
must be sent to Attention: Louis Haynes,
RAC Coordinator, Ashley NF
Supervisor’s Office, 355 North Vernal
Avenue, Vernal, Utah 84078; by email to
ljhaynes@fsfed.us, or via facsimile to
435–781–5142.
Meeting Accommodations: If you are
a person requiring reasonable
accommodation, please make requests
in advance for sign language
interpreting, assistive listening devices,
or other reasonable accommodation. For
access to the facility, please contact the
person listed in the section titled FOR
FURTHER INFORMATION CONTACT. All
reasonable accommodation requests are
managed on a case by case basis.
Dated: February 25, 2016.
John Erickson,
Forest Supervisor.
[FR Doc. 2016–04968 Filed 3–8–16; 8:45 am]
BILLING CODE 3411–15–M
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
Announcement of Grant Application
Deadlines and Funding Levels
Rural Development, Rural
Utilities Service, USDA.
ACTION: Notice of Solicitation of
Applications (NOSA), Household Water
Well System Grant Program.
AGENCY:
The Rural Utilities Service
(RUS) announces its Household Water
Well System (HWWS) Grant Program
application window for fiscal year (FY)
2016. RUS will make grants to qualified
private non-profit organizations to
establish lending programs for
homeowners to borrow up to $11,000 to
construct or repair household water
wells for an existing home. The HWWS
Grant Program is authorized under 7
U.S.C. 1926e. Regulations may be found
at 7 CFR part 1776.
This year RUS will assign
administrative discretion points to
applications that:
1. Direct loans to rural areas where
according to the American Community
Survey data by census tracts show that
at least 20 percent of the population is
SUMMARY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
12451
living in poverty. This emphasis will
support Rural Development’s (RD’s) goal
of providing 20 percent of its funding by
2016 to these areas of need.
2. Direct loans to areas which lack
running water, flush toilets, and modern
sewage disposal systems, and areas
which have open sewers and high rates
of disease caused by poor sanitation, in
particular, colonias or Substantially
Underserved Trust Areas.
DATES: The deadline for completed
applications for a HWWS grant is May
9, 2016. Applications in either paper or
electronic format must be postmarked or
time-stamped electronically on or before
the deadline. Late applications will be
ineligible for grant consideration.
ADDRESSES: Submit applications to the
following addresses:
1. Electronic applications: Grants.gov.
Submit electronic applications through
Grants.gov, following the instructions
on that Web site.
2. Paper applications: Water Programs
Division, Rural Development, Rural
Utilities Service, STOP: 1570, Room
2234–S, 1400 Independence Avenue
SW., Washington, DC 20250–1570.
Obtain application guides and
materials for the HWWS Grant Program
electronically or in paper format from
the following addresses:
1. Electronic copies: rurdev.usda.gov/
UWP-individualwellsystems;
2. Paper copies: Write Water Programs
Division, Rural Utilities Service, STOP:
1570, Room 2234–S, 1400 Independence
Avenue SW., Washington, DC 20250–
1570 or call (202) 720–9583.
FOR FURTHER INFORMATION CONTACT:
Derek Jones, Community Programs
Specialist, Water and Environmental
Programs, Rural Utilities Service, Rural
Development, U.S. Department of
Agriculture, STOP 1570, Room 2234–S,
1400 Independence Avenue SW.,
Washington, DC 20250–1570,
Telephone: (202) 720–9640, fax: (202)
690–0649, email: derek.jones@
wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Overview
Federal Agency: Rural Utilities
Service, USDA.
Funding Opportunity Title: HWWS
Grant Program.
Announcement Type: Grant—
Solicitation of Applications.
Catalog of Federal Domestic
Assistance (CFDA) Number: 10.862.
Due Date for Applications: May 9,
2016.
Items in Supplementary Information
I. Funding Opportunity: Description
of the HWWS Grant Program.
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12447-12451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04804]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD15
Final Directives on American Indian and Alaska Native Relations
Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook
1509.13, Chapter 10
AGENCY: Forest Service, USDA.
ACTION: Notice of final directives.
-----------------------------------------------------------------------
SUMMARY: The Forest Service has revised its internal Agency directives
for American Indian and Alaska Native Relations to update existing
direction for the Agency to work effectively with Indian tribes. The
directives were last revised in 2004, with an Interim Directive issued
in 2012. The final issuance of these directives, effective upon
publication, will provide consistent overall internal Forest Service
policy to: Explain the methods used to engage with tribes on a
government-to-government basis, describe the authorities for working
with tribes, delineate meaningful consultation procedures, and outline
dispute resolution options. The tribal and public comment period closed
concurrently on September 22, 2015. The Agency considered all comments
in developing these final directives.
DATES: These directives are issued March 9, 2016.
ADDRESSES: The Forest Service Manual and Handbook are available online
at https://www.fs.fed.us/spf/tribalrelations/. Single paper copies are
available by request to the Office of Tribal Relations, U.S. Forest
Service, at OTR@fs.fed.us. Additional information of how the Agency
considered public comment can be requested in writing to Office of
Tribal Relations, U.S. Forest Service, Sidney R. Yates Building, 201
14th Street SW., Washington, DC 20250-0003.
FOR FURTHER INFORMATION CONTACT: Fred Clark, Director, Office of Tribal
Relations, U.S. Forest Service, 202-205-1514. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m.
and 8:00 p.m., Eastern Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
1. Background and Need for the Final Directive
On January 18, 2013, the U.S. Department of Agriculture (USDA)
adopted Departmental Regulation No. 1350-002 on tribal consultation,
coordination, and collaboration. Departmental Regulations
institutionalize the broad programmatic direction for all USDA agencies
to develop and implement processes for tribal consultation,
coordination, and collaboration. This Departmental Regulation
explicitly holds the head of each USDA agency accountable for the
implementation of this policy. In March 2013, the Forest Service
(Agency) Office of Tribal Relations (OTR) began to review the Forest
Service manual and handbook to ensure it was consistent with the
Departmental Regulation as well as the 2012 Report to the Secretary,
USDA Policy and Procedures Review and Recommendations: Indian Sacred
Sites, and legislation (specifically the Culture and Heritage
Cooperation Authority provisions of the Food, Conservation, and Energy
Act of 2008 [Pub. L. 110-246; the Farm Bill]).
Upon reviewing these documents, it was necessary to amend the
Agency manual and handbook, and OTR began
[[Page 12448]]
to draft proposed directives which included tribal implications as
defined by Executive Order 13175, ``Consultation and Coordination with
Indian Tribal Governments.'' OTR began an initial 120-day consultation
with tribes on June 6, 2013, but extended the consultation period for
almost two years to thoroughly discuss the proposed directives in
various locations throughout the U.S. On July 24, 2015, the Forest
Service published the notice of proposed directives and request for
comment (80 FR 44019), and the comment period ended on September 22,
2015.
2. Content of Final Directives
The following is an overview of the content of the directives.
a. Forest Service Manual 1560
1563--Tribal Relations. This Forest Service Manual section outlines
the Forest Service Tribal Relations policy generally. It sets forth
direction beyond consultation to include coordination and
collaboration, recognizing the value of collaboration. The section
encourages engagement with Alaska Native Corporations, non-federally
recognized tribes, Native Hawaiians, along with American Indian and
Alaska Native individuals, communities, intertribal organizations,
enterprises, and institutions.
1563.01--Authorities. This section provides information on
Constitutional Articles corresponding to Indian tribes, statutes (e.g.,
Tribal Forest Protection Act of 2004 [25 U.S.C. 3115a]), executive
orders, policies, Indian treaty rights, and provides context for the
Federal trust responsibility to tribes.
1563.02--Objectives. This section expands the objectives of the
Forest Service in meeting its trust responsibility and adds support for
the UN Declaration on the Rights of Indigenous Peoples.
1563.03--Policy. This section expands Agency policy to consult with
tribes in a meaningful way, document all consultation processes, and
keep confidential any information that is tribally sensitive or
proprietary.
1563.04--Responsibilities. This section outlines the
responsibilities in fulfilling the trust responsibility and
consultation mandate to the following Agency personnel: Chief, Deputy
Chiefs, Director of the Washington Office of Tribal Relations, Regional
Tribal Relations Program Managers, Forest/Grasslands Supervisors,
District Rangers, and all Tribal Liaisons within the Forest/Grassland,
Research and Development, and State and Private Forestry divisions.
1563.05--Definitions. This section provides definitions of the
terms commonly used to describe the Federal-Tribal relationship.
1563.10--Consultation with Indian Tribes and Alaska Native
Corporations. This section outlines the steps in the consultation
process generally, including subsections outlining the roles for
consulting officials, associated timelines, evaluations, and additional
considerations.
1563.2--Dispute Resolution. This section expands on dispute
resolution and appeal procedures for Indian tribes.
1563.3--Reburial of American Indian and Alaska Native Ancestral
Remains and Cultural Items. This section expands guidance on
repatriation and reburials, including general considerations as well as
reviews.
1563.4--Closures for Traditional and Cultural Purposes. This
section describes closures for temporary and cultural purposes per 25
U.S.C. 32A Sec. 3054.
1563.6--Prohibition on Disclosure. This section covers prohibition
against disclosure per 25 U.S.C. 32A Sec. 3056.
1563.7--Information and Technology Sharing. This section describes
working with tribes to incorporate traditional ecological knowledge as
well as traditional tribal practices and locations that should be
considered in Forest Service land management planning and research
activities.
1563.8--References. This section elaborates in the authorities
identified in section 1563.01.
b. Forest Service Handbook 1509.13
10.01--Authorities. This section includes statutes, Executive
Orders, and regulations that govern Federal agencies' relationship with
tribes.
11--Consultation with Tribes. This section expands on consultation
roles and responsibilities, timelines, consultation process, and
monitoring and evaluation processes for compliance monitoring.
12--Compensation. This section includes funding authorities for
compensation for consultation, historic preservation.
13--Training. This section includes suggestions for mandated
training on sacred sites and related core competencies.
14--Exhibits. This section references additional authorities for
management of Indian sacred sites.
3. Public Comments
The Agency received only 15 comments on the proposed directives.
However, because of strong outreach, coordination, and consultation
conducted with tribal partners by OTR in the development of these
directives, the Agency did not anticipate receiving many comments. The
comments were generally supportive of these directives, and most were
from tribes or tribal offices that interact with the Forest Service in
a fairly routine manner. The following is a breakdown of the comments
provided about the directives and the Agency's response to those
comments.
FSM 1563
Categorization of the Manual Title
Several comments stated that the emphasis should be on the
government-to-government relationship because a federal-tribal
relationship is not ``External Affairs,'' but instead ``Internal
Affairs'' and believe these directives are mislabeled within this
category heading.
After considering this request, the Agency took no action. The
reason Forest Service Manual 1500, Chapter 1560, Section 1563 is listed
under the heading ``External Affairs'' is because it involves a party
that is not officially employed by the US Forest Service. Many other
relationships with organizations outside of the Agency are described
within Manual 1500, such as counties and local agencies, which are
under Section 1562. The heading is not intended to minimize the
government-to-governmental relationship Federal agencies have with
Indian tribes; rather, in this context, when a Forest Service employee
engages with any person or organization that is not an employee of the
US Forest Service (i.e., an internal party), it is external to the
Agency.
Federal Trust Responsibility
Several comments stated that although various individuals,
communities, intertribal organization, enterprises, or education
institutions may publicly identify as ``tribal,'' it is important to
note that these groups do not have the same legal status or rights as
federally recognized tribes (i.e., Federal trust responsibilities).
The Agency agrees and has modified the text accordingly. Forest
Service Handbook Section 1509.13, Chapter 10 reads: ``The rights of
tribal governments and their officials are not the same, nor should
they be treated the same as the general public.'' This language was
inserted into Manual 1500, Chapter 1560 for consistency. Moreover, the
trust responsibility is discussed at length in two separate sections in
the FSM 1560--the language has been slightly amended to ensure
consistency throughout the document.
[[Page 12449]]
Several respondents also noted the relationship between treaties
reserved rights and how they correlate under the trust responsibility.
Commenters want the Forest Service to understand how tribes regulate
their members' exercise of such rights, rights that are reaffirmed
individually through unique statutory references (e.g., individual
tribal treaty) as well as off-reservation treaty rights, separate
reservation homelands, and other reserved rights.
After considering these comments, the Agency did not take any
specific action. The directives explain the basis for treaty rights,
how tribes continue to exercise such rights today, and the trust
responsibilities the Agency holds. These directives were specifically
written for Forest Service employees to understand the broad
applicability and expansive nature of the Federal trust responsibility
as well as the more specific obligations under reserved treaty rights.
Using general descriptions encourages a flexible interpretation of
legal responsibilities and encourages building strong relationships
with individual Indian tribes, in the context of that tribe's treaty
status.
Federal Status of Tribes
Several comments identified that the authority to work with
federally recognized Indian tribes does not address relationships with
non-federally recognized tribes who may have a stakeholder interests in
the Federal agency actions.
After considering these comments, there is no clear legal standing
for the Forest Service to include non-federally recognized tribes, or
even other indigenous communities from the US (such as Native
Hawaiians), or from foreign territories that border US lands. Executive
Order 13175 ``Coordination and Consultation with Indian Tribes''
specifically defines Indian tribes as ``an Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that the Secretary
of the Interior acknowledges to exist as an Indian tribe pursuant to
the Federally Recognized Indian Tribe List of 1994, 25 U.S.C. 479a.''
This is the baseline authority for all Federal agencies to engage and
consult with Indian tribes and (through other laws) Alaska Native
Corporations. Therefore, it is important to provide a framework within
the context of these directives for Forest Service employees to
understand how the Agency is legally obligated to engage with tribes
affected by the Federal trust responsibility, which is only extended to
federally recognized tribes, and with Alaska Native Corporations.
However, the Forest Service strongly supports working with tribes
and tribal communities notwithstanding federal acknowledgment. The
mechanisms and procedures used to accomplish those interactions and
partnerships are those contained in the Agency's overall authorities,
rather than in those for Indian tribes and Alaska Native Corporations.
Native American Graves Protection and Repatriation Act (NAGPRA)
There were a few comments on Alaska Native Corporations (ANCs)
having no legal standing as proper authorities for consultation for the
purposes of NAGPRA. If a corporation wishes to be a party to a NAGPRA
consultation, they should have express written consent from the tribe
that clearly identifies the corporation is acting as their agent.
The Agency agrees and has modified the text accordingly. The
following language has been inserted: ``Alaska Native Corporations
(ANCs) do not have legal authority to consult for NAGRPA purposes;
however, if an Alaska tribe expressly gives consent in writing that an
ANC is acting as their authorizing agent in a NAGPRA consultation, the
request should be considered.''
UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
One comment suggests that Article 19 should be included because
``consent'' is an important term to incorporate for tribes to enter
into any sort of relationship with a Federal entity.
After much consideration, the Agency agrees and has modified the
text accordingly. The US endorsed the UNDRIP in 2010. Simply, Article
19 calls on governments to secure the consent of indigenous peoples on
matters of general public policy. The US Department of State has yet to
issue guidance on the meaning and implications of consent in this
context, and the Agency therefore considers the UNDRIP as an ideal the
Federal Government should strive toward in its dealings with indigenous
peoples and as an important international perspective.
Role of Coordination and Collaboration
Several commenters noted there was no definition of collaboration
in the directives and if collaboration is to serve a purpose in support
of consultation, it should be clearly defined in the definitions
section. It should also be made clear that collaboration is not the
primary way the Forest Service intends to meets its trust
responsibilities with tribes nor is coordination ever to be done in
lieu of consultation.
The Agency agrees and has modified the text accordingly. The Forest
Service has included the definition of collaboration published in the
USDA Departmental Regulation on Tribal Consultation, Coordination, and
Collaboration (DR1350-002: January 18, 2013) to maintain consistency
across Agency guidance documents. Further, in Section 1563.03.e,
language was inserted that reads: ``To be clear, coordination and
collaboration with tribes are key to building long-term, meaningful
relationships and should be viewed as a component of daily operations;
however, tribal coordination and collaboration efforts do not supersede
or substitute tribal consultation on a specific topic.''
FSH 1509.13, Chapter 10
Treaty Rights
Several people commented on FSH1509.13, Section 13.3, Core
Competencies, subsection (1)(e) which is titled Legal Context. In
working with Indian tribes, there is nothing mentioned regarding
unratified treaties or unextinguished land titles, and these should be
specifically identified in this section.
After considering these comments, the Agency agrees and has
clarified and modified the text accordingly. The FSH is specifically
written for Forest Service employees to understand the broad
applicability and see the expansive nature of the federal trust
responsibility and treaty obligations. Using general descriptions
encourages a flexible interpretation of legal responsibilities and
encourages building strong relationships with individual Indian tribes,
while keeping their land title and treaty status in mind. The topics of
unratified treaties and unextinguished land titles (and the additional
topic of unsettled land claims) are now included in the section on Core
Competencies.
Sacred Sites
Many comments suggested that the Forest Service should request
sacred sites trainings be hosted by tribes and include tribal staff in
the development of internal Forest Service trainings. The Agency
reviewed the language and concluded this request was included that in
the proposed directives. Federal agencies often lack the framework to
contextualize tribal knowledge systems. However, Tribal staff and other
Native people can often more clearly identify and accurately assess
sacred sites issues. Language in section 13.2 states that Forest
Service employees should ``Invite AI/AN people to assist in developing
and delivering core curricula.'' Further,
[[Page 12450]]
Forest Service units are instructed to ``reach out to local Indian
tribes to ask for their assistance in both developing and delivering
training to Forest Service employees'' and to ``coordinate with local
Tribes when sponsoring Forest Service workshops and training to include
tribal perspectives.'' These aspects are incorporated directly from the
2012 Sacred Sites Report.
4. Regulatory Certifications
Environmental Impact
This final directive revises national Forest Service policy to
update existing direction for the Agency to effectively work together
with Indian tribes. 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 Service-wide administrative procedures, program processes, or
instructions.'' The Agency has concluded that this final directive
falls within this category of actions and that no extraordinary
circumstances exist which would require preparation of an environmental
assessment or environmental impact statement.
Regulatory Impact
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant regulatory actions. OIRA
has determined that this final policy action is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovated, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed these directives in a manner consistent with
these requirements.
Regulatory Flexibility Act
The Agency certifies that these directives will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). These
directives will not impose record-keeping requirements on small
entities; they will not affect their competitive position in relation
to large entities; and they will not affect their cash flow, liquidity,
or ability to remain in the market.
Small Business Regulatory Enforcement Fairness Act
These directives are not considered major under 5 U.S.C. 804(2),
the Small Business Regulatory Enforcement Fairness Act. They will not
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector of $100 million or more in any
one year. The directives' requirements will not result in a major
increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies, or geographic regions.
Nor will these directives have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises because the rule is limited to consultation with federally
acknowledged Indian tribes.
Unfunded Mandates Reform Act
The directives do not impose an unfunded mandate on State, local,
or tribal governments or the private sector of more than $100 Million
per year. The dirctives do not have a significant or unique effect on
State, local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
No Takings Implications (E.O. 12630)
Under the criteria in Executive Order 12630, these directives do
not affect individual property rights protected by the Fifth Amendment
nor do they involve a compensable ``taking.'' A takings implication
assessment is therefore not required.
Federalism (E.O. 13132)
Under the criteria in Executive Order 13132, this document has no
substantial direct effect 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.
Civil Justice Reform (E.O. 12988)
These directives comply with the requirements of Executive Order
12988. Specifically, these directives were reviewed to eliminate
efforts and ambiguity and written to minimize litigation; and are
written in clear language and contains clear legal standards.
Consultation With Indian Tribes (E.O. 13175)
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments,'' 59 FR 22951 (May 4, 1994), supplemented by Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, 65 FR 67249 (Nov. 6, 2000), the Agency assessed these
directives to have tribal implications as defined in E.O. 13175. The
120-day consultation with Indian tribes and Alaska Native Corporations
was conducted from June 6, 2013, to October 6, 2013, as required, and
was further extended over a nearly two-year period.
Because of strong outreach, coordination, and consultation
conducted with tribal partners in the development of these directives,
the Agency received only 15 comments. The comments were generally
supportive of these directives, and most were from tribes or tribal
offices that interact with the Forest Service in a fairly routine
manner. Additional outreach to Indian tribes and intertribal
organizations will convey the availability of the final directives.
Paperwork Reduction Act
These final directives do not contain any recordkeeping 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.
National Environmental Policy Act
These directives do not constitute a major Federal action
significantly affecting the quality of the human environment because it
is of an administrative, technical, and procedural nature. See 43 CFR
46.210(i). No extraordinary circumstances exist that would require
greater review under the National Environmental Policy Act.
Effects on the Energy Supply (E.O. 13211)
This final policy action is not a significant energy action under
the definition in Executive Order 13211. A Statement of Energy Effects
is not required.
[[Page 12451]]
Dated: February 8, 2016.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016-04804 Filed 3-8-16; 8:45 am]
BILLING CODE 3415-15-P