Ecosystem Restoration Policy, 24785-24793 [2016-09750]
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Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
White Mountain National Forest, New
Hampshire and Maine
Forest Supervisor Decisions
The New Hampshire Union Leader,
published daily in Manchester,
County of Hillsborough, New
Hampshire
Dated: April 20, 2016.
Kathleen Atkinson,
Regional Forester.
[FR Doc. 2016–09806 Filed 4–26–16; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
San Juan Resource Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The San Juan Resource
Advisory Committee (RAC) will meet in
Durango Colorado. 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=001t0000002JcvFAAS.
DATES: The meeting will be held at 9:00
a.m. on Tuesday, May 24, 2016.
All RAC meetings are subject to
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to attendance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
Dated: April 21, 2016.
Richard Bustamante,
Acting San Juan National Forest Supervisor.
The meeting will be held at
the San Juan Public Lands Center,
Sonoran Meeting Rooms, 15 Burnett
Court, Durango, Colorado.
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 San Juan Public
Lands Center. Please call ahead to
facilitate entry into the building.
[FR Doc. 2016–09857 Filed 4–26–16; 8:45 am]
ADDRESSES:
District Ranger Decisions
Androscoggin District: The New
Hampshire Union Leader, published
daily in Manchester, County of
Hillsborough, New Hampshire;
except, for those projects located
solely within the State of Maine; the
Lewiston Sun-Journal, published daily
in Lewiston, County of Androscoggin,
Maine
Pemigewasset District: The New
Hampshire Union Leader, published
daily in Manchester, County of
Hillsborough, New Hampshire
Saco District: The New Hampshire
Union Leader, published daily in
Manchester, County of Hillsborough,
New Hampshire; except, for those
projects located solely within the
State of Maine; the Lewiston SunJournal, published daily in Lewiston,
County of Androscoggin, Maine
24785
Ann
Bond, RAC Coordinator, by phone at
970–385–1219 or via email at abond@
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.
FOR FURTHER INFORMATION CONTACT:
The
purpose of the meeting is to:
1. Review previously approved
projects, and
2. Review current project proposals to
be recommended for funding under the
Title II provision of the Secure Rural
Schools Act.
The meeting is open 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 May 10, 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 Ann Bond,
RAC Coordinator, San Juan Public
Lands Center, 15 Burnett Court,
Durango, Colorado 81301; by email to
abond@fs.fed.us, or via facsimile to
970–375–2331.
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SUPPLEMENTARY INFORMATION:
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BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AC82
Ecosystem Restoration Policy
Forest Service, USDA.
Notice of final directive.
AGENCY:
ACTION:
The Forest Service is issuing
a permanent Ecosystem Restoration
policy that replaces the Interim
Directive, ‘‘Ecological Restoration and
Resilience Policy,’’ in Forest Service
Manual (FSM) 2020. The policy
provides broad guidance for restoring
ecosystems on National Forest System
lands so that they are self-sustaining
and, if subject to disturbances or
environmental change, have the ability
to reorganize and renew themselves.
This policy recognizes the adaptive
capacity of restored ecosystems, the role
of natural disturbances, and uncertainty
related to climate and other
environmental factors.
DATES: This directive is in effect May
27, 2016.
FOR FURTHER INFORMATION CONTACT: Jim
Alegria, Forest Management Staff,
USDA Forest Service, Mailstop 1103,
1400 Independence Avenue SW.,
Washington, DC 20250; phone: 202–
205–1787.
Individuals who use
telecommunications devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background and Need for the Directive
The need for reestablishing and
retaining resilience of National Forest
System lands and resources to achieve
sustainable management and provide a
broad range of ecosystem services is
widely recognized, and the Forest
Service has conducted restorationrelated activities for decades. In 2008,
the Chief of the Forest Service
determined that a national policy was
needed to ensure a consistent and
cohesive approach to reestablish and
retain ecological resilience on National
Forest System lands and for National
Forest System resources. An interim
directive was first issued on September
22, 2008, and was reissued on March 3,
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2010, August 30, 2011, May 13, 2013,
November 17, 2014, and October 15,
2015.
A notice of availability of a proposed
Ecological Restoration Policy (78 FR
56202) was published in the Federal
Register on September 12, 2013 for
public review and comment. A total of
16 comments were received: Five from
non-affiliated members of the public,
two from State government agencies,
four from the timber industry, and five
from non-governmental organizations.
The Agency believes that a
comprehensive policy that includes
standard definitions would provide a
tool for sustaining the health, diversity,
and productivity of the Nation’s forests
and grasslands to meet the needs of
present and future generations. The
Forest Service is amending its directives
by establishing a new title in the Forest
Service Manual, FSM 2020: Ecosystem
Restoration. The ecosystem restoration
directive applies to all National Forest
System resource management programs.
The intent is to provide a clear, sciencebased policy to guide management
actions where restoration is appropriate.
This policy provides that ‘‘ecosystem
restoration’’ can be carried out through
the processes of ecological restoration
and functional restoration. Ecological
restoration typically focuses on
recreating the ecosystem conditions that
were present prior to European
influences. However, some ecosystems
may have been altered to such an extent
that reestablishing pre-European
conditions may be ecologically or
economically infeasible. In such
circumstances, management goals and
activities should create functioning
ecosystems in the context of changing
conditions through the process called
functional restoration.
Ecosystem restoration can be achieved
by a range of management activities,
such as forest thinning to reduce tree
density, prescribed fire to reduce fuel
buildup, replacing culverts to better
connect streams, or fencing to restrict
disturbances. Ecosystem restoration may
include manipulating or protecting
terrestrial and aquatic ecosystems to
assist in their recovery or adaptation to
changing environmental conditions.
Monitoring and evaluation of restoration
projects are essential adaptive
management steps for achieving
sustainable ecosystems. Ecosystem
restoration is a process that can help to
achieve the multiple-use mission of the
Forest Service, but not all management
activities on National Forests and
Grasslands require a restoration
objective. For example, hazardous fuels
reduction to reduce wildfire risk to
communities may require a silvicultural
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treatment that is not restoration.
Additionally, not all NFS lands need to
be restored. Restoration activities will
complement management to maintain
conditions in areas with ecological
integrity. The Agency may incorporate
restoration objectives to the extent that
they are ecologically and economically
feasible and support achieving desired
conditions or management objectives
including multiple uses and ecosystem
services such as carbon storage, energy
development, recreation use, livestock
grazing, hazardous fuels reduction, soil
formation, watershed, wildlife, and
timber production conducted in
accordance with applicable laws,
regulations, and policies.
Restoration may be helpful in
managing for climate change by
maintaining carbon stocks provided by
the national forests. The relationship
between restoration and carbon is
complex. The Forest Service manages
carbon through managing the health and
promoting the adaptive capacity of our
forests in the face of frequent, intense,
and severe disturbances. Management
can also be designed to recover,
maintain, and enhance carbon stocks,
through restoration management
practices. The Forest Service also
maintains and restores carbon through
treatment activities that restore the age
and size-class patterns across the
landscape. Some of the activities that
the Forest Service undertakes for
restoring resiliency and function in the
National Forest System, such as
thinning of forest stands and prescribed
burning, can result in a release of carbon
in the short term. In the long term,
however, these activities should make
the forest more resilient to disturbances
such as wildfire, insects, and drought
therefore reducing the risk to carbon
stocks.
The expectation is that forest
restoration treatments will lead to forest
resilience and a lower probability of a
catastrophic disturbance and that
consequently, more carbon will
continue to be sequestered than would
otherwise occur without the treatment.
How quickly the carbon pools sequester
carbon depends on several factors
including the amount of carbon
removed or lost in the treatment, the
productivity of the ecosystem, the site
conditions, the climate variables
following the treatment, and the stand
structure. Due to the many variables and
assumptions regarding post-treatment
carbon capture, research on whether
restoration increases carbon stocks is
inconclusive. Some studies indicate that
post-treatment forest stands never catch
up to the carbon stocks in untreated
stands. However, other studies have
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concluded that treated stands lose less
overall carbon in subsequent wildfire
events compared to untreated stands
and that reductions in wildfire severity
have a significant impact on future
carbon pools. Other studies have
demonstrated that forest harvesting can
reduce atmospheric CO2 if the carbon
accounting considers avoided emissions
from fossil fuels when biomass is used
for energy, or the avoided emissions and
carbon storage when long-lived
harvested wood products are substituted
for high embodied energy materials
such as steel and concrete.
The Ecosystem Restoration policy has
identical definitions for key terms that
are in the 2015 National Forest System,
Land Management Planning Directive
(FSH 1909.12, zero code, section 05). By
using identical definitions, the policy
ensures that within the Agency, and in
dealing with the public, terms will be
used and understood in the same way.
The terms and definitions are:
Adaptation, adaptive capacity, adaptive
management, carbon pool, carbon
stocks, disturbance, disturbance regime,
ecological restoration (see ‘‘restoration—
ecological’’), functional restoration (see
‘‘restoration—functional’’), ecological
integrity, ecosystem, ecosystem services,
landscape, natural range of variation
(NRV), resilience, stressors, and
sustainability.
Some of the terms defined in 2015
National Forest System, Land
Management Planning Directive (FSH
1909.12, zero code, section 05) such as
ecological and functional restoration,
natural range of variation and resilience,
merit further discussion on how they
interrelate to one another. In order to
construct a desired future condition for
an area, one should assess past and
current conditions as well as how these
conditions may change into the future.
Ecological restoration focuses on
reestablishing the composition,
structure, pattern, and ecological
processes necessary to facilitate
terrestrial and aquatic ecosystem
sustainability, resilience, and health
under current and future conditions.
Assessing current and potential future
conditions should result in a detailed
description of the composition,
structure, pattern, and ecological
processes of the ecosystem as it moves
along an ecological trajectory through
time. Moving along a trajectory means
that ecosystems are not static and may
have changing characteristics.
The desired future condition of an
ecosystem should be informed by an
assessment of spatial and temporal
variation in ecosystem characteristics
under historic disturbance regimes
during a specified reference period. The
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spatial and temporal variation of
characteristics in the specified reference
period is often called the natural range
of variation (NRV). The NRV should be
used to inform an understanding of
ecosystem function and biophysical
capability, the dynamic nature of
ecosystems associated natural and
current disturbance regimes, and
potential responses to future
environments resulting from climate
change and increasing human uses. The
NRV does not define a management
target or desired condition; it provides
context for understanding ecological
integrity. In some situations, the desired
future condition may be a restored
ecosystem similar to pre-disturbance
conditions where degradation and
stressors are limited and minimal
changes to environmental conditions are
anticipated in the near future. In other
situations, the desired future condition
may be a restored ecosystem that
departs from the NRV along a
continuum from only slight to
substantial but still retains some
ecological components within the NRV.
Like ecological restoration, functional
restoration is a process to restore
degraded biotic and abiotic processes to
facilitate the creation of a desired future
condition. A functionally restored
ecosystem, however, may look quite
different than the NRV in terms of
structure and composition, where the
disparities cannot be easily changed
because some threshold of degradation
has been crossed or significant
environmental drivers, such as climate
or invasive species, that influenced
structural and (especially)
compositional development have
changed. The desired outcome of a
restoration treatment may incorporate
concepts from both ecological and
functional restoration. For example,
ecological conditions for some native
species, due to insects and diseases, are
no longer functioning as they once
functioned and cannot be restored to
their previous state. There are invasive
species that have become so established
that they cannot be economically
eradicated. Climate change may affect
components of the ecosystem differently
so that some components should be
restored to within the NRV and others
should not or cannot be restored. In
these situations the objective should be
to restore the abiotic and biotic
processes even if the components
diverge from the NRV.
Resilience is the ability of an
ecosystem and its component parts to
absorb, or recover from, the effects of
disturbances through preservation,
restoration, or improvement of its
essential structures, functions, and
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redundancy of ecological patterns across
the landscape. It is a characteristic of
healthy ecosystems and a desired
characteristic of a restored ecosystem.
Response to Comments on the Proposed
Policy
Changes Between the Proposed and
Final Policy
Based on external and internal
comments, there were changes between
the proposed and final policy. The
major changes are listed below.
1. The title has changed from
‘‘Ecological Restoration’’ to ‘‘Ecosystem
Restoration’’ in the final policy, to better
align the title with the content of the
final policy and the mission of the
Agency.
2. The final policy adds consideration
for the recovery, maintenance, and
enhancement of carbon stocks
associated with National Forest System
lands.
3. The final policy does not change
the definition of ecological restoration
but does clarify the relationship of
ecological restoration to functional
restoration and resilience.
4. The final policy facilitates
achieving long-term ecological
sustainability and a broad range of
ecosystem services and multiple uses to
society in Objectives (FSM 2020.2).
5. The final policy uses key terms that
are in the 2015 National Forest System,
Land Management Planning Directive
and uses the same definitions for those
terms. (FSH 1909.12, zero code.
6. The final policy retains the
summaries of the principal legal
authorities for the policy FSM 2020.11,
but now lists other statutes, without
summaries, in FSM 2020.61.
7. The Executive Orders (FSM
2020.12) descriptions are eliminated
and replaced with the citations to those
Executive Orders in FSM 2020.63.
8. The agency removed most of FSM
2020.4 because it was redundant with
the general delegations of authorities of
FSM 1230. The Agency has concluded
that the responsibilities for restoration
belongs to those Agency employees who
have the delegated authority to approve
land and resource management plans,
project plans, or other Forest Service
activities.
9. Definitions of key terms were
deleted in the final policy and replaced
with a reference to the definitions in
planning rule (36 CFR 219.19) and
planning handbook (FSH 1909.12, Zero
Code chapter, section 05).
General Comments on the Proposed
Policy
Comment: Respondents questioned
how the directive will help achieve
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national forest management objectives
or how not having the directive will
prevent achieving national forest
management objectives. Others
questioned how the directive would
increase Agency effectiveness, they
questioned the need for a permanent
ecological restoration policy, and they
questioned why there is no attempt to
prioritize ecological restoration within
the context of relevant laws or
ecosystem components.
Response: Restoration spans a number
of initiatives in various program areas,
including the invasive species strategy;
recovery of areas affected by highseverity fires, hurricanes, and other
catastrophic disturbances; fish habitat
restoration and remediation; riparian
area restoration; conservation of
threatened, endangered, and sensitive
species; and restoration of impaired
watersheds and large-scale watershed
restoration projects. There was no
framework to unite these various
program-specific initiatives with
cohesive policies and definitions. While
restoration has been a long-standing
Agency practice, even without a
restoration policy, a cohesive policy is
expected to increase the Agency’s
efficiency in achieving management
objectives. The authority for restoring
National Forest System lands derives
from laws enacted by Congress that
define the purpose of national forests
and grasslands and direct the Forest
Service to administer and manage the
lands for these purposes. The major
authorities are cited in FSM 2020.1. The
prioritization of ecological restoration is
guided by the responsible official,
which is usually the forest supervisor or
district ranger.
Comment: Another respondent asked
how this directive will affect
implementation of the 2012 planning
rule.
Response: The 2012 planning rule
emphasizes restoration as it guides the
Forest Service in the development,
amendment, and revision of land
management plans. The policies,
ecological principles, and definitions in
this final directive are consistent with
the planning rule and will also guide
activities on those units that have not
yet developed, amended, or revised land
management plans under the planning
rule, and it provides further guidance on
ecosystem restoration.
Comment: Some respondents felt that
the term ‘‘restoration’’ was too limiting
and that it may not be economically or
ecologically possible to achieve NRV
due to factors such as climate change or
severely degraded environments. The
terms ‘‘ecological integrity’’ and ‘‘NRV’’
are past-focused and ignore adaptation
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to future climate and anthropogenic
stressors.
Response: The policy has been
clarified in the final directive. Emphasis
has been placed on returning an
impaired ecosystem to a condition of
appropriate complexity and increased
resilience through ecosystem restoration
or functional restoration. The aim of
both ecological and functional
restoration is to restore degraded
processes to facilitate the creation of a
desired future condition. The final
policy acknowledges that, when an
ecosystem has been so degraded such
that it is impossible or impractical to
return conditions to those within the
NRV, or that the projected
environmental conditions will not
support returning an ecosystem to be
within the NRV, the functional
restoration may be appropriate to
restore ecological processes but achieve
the essential functions of the ecosystem
with different species composition and
structure than pre-European settlement
conditions. Functional restoration can
sometimes serve as the best approach to
restoring ecological integrity within the
inherent capability of the planning area.
Comment: Other comments included
that a broad-scale restoration policy fails
to account for localized historic
influences, that there is a lack of an
active role for forest management in the
policy, and that the policy would result
in an underrepresentation of early seral
stages on the national forests.
Response: The broad-scale or
ecosystem restoration approach
emphasized in the policy includes
evaluating the current seral stage
distribution and connectivity against the
desired conditions, which may include
early seral stages, specialized habitats,
and historic influences. The mechanism
to achieve the desired conditions are
decided on a project-by-project basis
and may include active forest
management to restore the stand age
distribution to be within NRV.
Comment: Another respondent stated
that the definitions are circular:
Ecological integrity is a set of conditions
that are within the NRV and is relative
to a historic reference period.
Consequently, since the NRV defines
ecological integrity, one could argue,
any management action that strays from
NRV is degrading the ecosystem.
Response: The management objective
for any area is governed by the
applicable land management plan. The
land management plan must provide for
social, economic, and ecological
sustainability within Forest Service
authority and consistent with the
inherent capability of the plan area (36
CFR 219.8). NRV is ‘‘The variation of
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ecological characteristics and processes
over scales of time and space that are
appropriate for a given management
application.’’ The definition of the term
elaborates that ‘‘The NRV is a tool for
assessing the ecological integrity and
does not necessarily constitute a
management target or desired
condition’’ (FSM 2020.5, citing the
planning handbook at FSH 1909.12,
zero code, section 05). Consequently,
management actions that are consistent
with the inherent capability of the plan
area are the best approach to restoring
ecological integrity.
Specific Comments on the Proposed
Policy
Comment: One commenter stated that
contemporary ecology has abandoned
the concept of NRV due to the arbitrary
nature of agreeing on a time scale, or
due to the implied exclusion of historic
burning by Native Americans, and
added that ecologists have advocated
the term HRV (historic range of
variability). Another commenter stated
that the term ‘‘Ecological Integrity’’ is
misleading by indiscriminately
implying that ‘‘species composition can
withstand and recover from most
perturbations imposed by natural
environmental dynamics or human
influence’’ and adds, as an example,
that this definition seems to have no
coherent relevance to species whose
survival has depended on burning by
Native Americans.
Response: The final policy retains the
concept of NRV. The time period used
in the definition for natural range of
variation is pre-European, and,
therefore, includes historic burning by
Native Americans. Therefore, this policy
would apply to the restoration of
species that were dependent on burning
by the Native Americans.
Comment: The definition for
ecosystem includes basic ecological
functions such as hydrological and
nutrient cycling. The definition should
also include ‘‘capture, storage, and
release of water and nutrients.’’ It could
be argued that ‘‘nutrient cycling’’
includes all these processes, but our
concern arises because both old growth
forest and young plantation cycle
nutrients, but there is a big and
important difference between the
nutrient capital stored in each.
Restoration should include recovery of
lost capital. In addition, if ‘‘function’’
and ‘‘process’’ are to be used
synonymously, then ‘‘growth and
mortality’’ should be added to the
definition of ecosystem.
Response: The suggested text to add
capture, storage, and release of water
and nutrients to hydrological and
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nutrient cycling to differentiate between
old growth forests and young
plantations was not adopted in the final
policy. Ecological restoration focuses on
reestablishing the composition,
structure, pattern, and ecological
processes necessary to facilitate
terrestrial and aquatic ecosystem
sustainability, resilience, and health
under current and future conditions.
The primary objective of restoration is
to place the ecosystem along an
ecological trajectory that is sustainable.
The recommendation to add ‘‘growth
and mortality’’ was not adopted.
Although they are important processes,
they are sub-processes of energy flow
and would not be at the same relative
level as the basic ecological functions of
energy flow, nutrient cycling and
retention, soil development and
retention, predation and herbivory, and
natural disturbances.
Comment: One respondent wanted to
add a definition of ecological
composition to the list of definitions at
FSM 2020.5 because composition is a
critical component of ecological
function, structure, and process.
Response: The definition of
ecosystem, in the planning rule and
planning handbook, at FSH 1909.12,
zero code, secion 05, includes and
explains the concept of composition.
The addition of a separate definition for
ecological composition is, therefore,
unnecessary.
Comment: Revise the definition of
‘‘Ecological Integrity’’ to eliminate the
requirement to manage within the NRV.
Response: The definition of
‘‘ecological integrity’’ was not changed
in the final policy. There is no
requirement to manage within the NRV.
The NRV is a tool for assessing
ecological integrity and does not
necessarily constitute a management
target or desired condition (FSM 2020.5,
citing the planning handbook at FSH
19012.12, zero code, section 05).
Comment: Respondents were
concerned that restoration and
ecological sustainability were being
placed above other forest uses and that
all the activities on national forests will
be required to have a restoration
objective.
Response: The final policy has been
clarified to state that not all activities on
National Forest System lands are
required to have a restoration objective.
Comment: FSM 2020.3(6) omits
requirements for consultation with State
and local government entities.
Response: There is no statutory,
regulatory, or policy requirement to
consult with State and local government
entities, but the expectation to engage
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with State and local governments has
been added to FSM 2020.3(6).
Comment: The objectives fail to
acknowledge the mandates of the
Multiple-Use Sustained-Yield Act and
the National Forest Management Act of
1976.
Response: Restoration is
accomplished to ensure that resources
are usable and sustainable into
perpetuity; consequently this policy is
wholly compatible with the MultipleUse and Sustained-Yield Act and the
National Forest Management Act of
1976. In addition, a statement has been
added to the final policy that explicitly
acknowledges that this policy must
comply with all applicable laws and
regulations, including the Multiple-Use
and Sustained-Yield Act, the National
Forest Management Act of 1976, and the
principal statutes listed in FSM 2020.11.
Comment: The responsibilities of
Forest Supervisors (FSM 2020.45) and
District Rangers (FSM 2020.46) should
be expanded to include incorporation of
net restoration goals and outcomes in all
forest management projects. If
restoration is just one among many
types of projects undertaken by District
Rangers, while they also pursue nonrestorative actions, there is no assurance
of net progress toward restoration
objectives.
Response: The final wording in the
policy is unchanged. The Forest Service
does not have net restoration goals and
outcomes. Although restoration is a key
objective for the Forest Service, there
are other projects that are not
restoration, such as fuels reduction
treatments within the wildland urban
interface. However, the Forest
Supervisors and District Rangers are
responsible for development and
approval of projects to reestablish and
retain ecological resilience of National
Forest System lands and resources to
achieve sustainable management and
provide a broad range of ecosystem
services that are consistent with
regional and national policy.
Comment: The proposed policy states
that restoration management activities
for ecosystems should ‘‘assist in their
recovery from the impacts of human
uses.’’ This statement implies that
human uses should be removed to
accomplish objectives.
Response: The policy statements in
the final directive have been revised to
provide that ‘‘restoration activities
should be evaluated within the context
of NRV, the potential future climate
trajectories, and to counter detrimental
human uses.’’
Comment: Respondents suggested that
the Policy section (FSM 2020.3) should
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also promote ecosystem processes and
function, biodiversity, and soils.
Response: No change to the policy is
needed. Ecosystem restoration is the
objective of the policy, and the
definition of ‘‘ecosystem’’ states that it
is commonly described in terms of its
composition), and function, including
soil development and retention (see
FSM 2020.5 and the planning handbook
at FSH 1909.12, zero code);
consequently, the respondent’s
suggestions were already incorporated
in the proposed as well as the final
policy.
Comment: Respondents questioned
the presumed link between historic
system processes (implied by the use of
the word ‘‘reestablish’’) with the
processes required to support
‘‘ecosystem sustainability, resilience,
and health under current and future
conditions.’’ The respondents believe
there will be confusion in the
implementation of the policy due to the
differences in processes necessary to
support historic systems and those to
support current and future conditions;
one example is warming conditions.
Response: The final policy includes
slight modifications to include the most
recent research that more fully takes
into account climate change. The term
functional restoration has been added to
acknowledge that in some situations it
is not possible or desirable to reestablish
key ecosystem characteristics within the
NRV. The policy provides the flexibility
to define desired conditions under
warming conditions outside the NRV, if
necessary.
Comment: Another respondent found
that the Objective section focuses on
building resiliency, whereas the Policy
section focuses on restoration.
Response: Resilience is a desired
property of a restored ecosystem. The
use of the terms ‘‘resilience’’ and
‘‘restoration’’ are found in the Objective
section (FSM 2020.2) and the Policy
section (FSM 2020.3) by design.
However, a definition of the term
resilience has been listed as available in
FSH 1909.12, zero code chapter, section
05 to clarify the meaning when the term
is used in the policy.
Comment: A respondent was
concerned that the proposed policy did
not address the causes that contribute to
ecological degradation, such as grazing
and fire suppression. Another
respondent stated that the policy should
explicitly recognize the potential
conflict between restoration goals, such
as fuel reduction versus biomass
accumulation, and that an objective of
the policy should be to harmonize
conflicting goals.
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Response: The purpose of this policy
is to establish broad direction for
reestablishing and retaining ecological
resilience of National Forest System
lands and associated resources to
achieve sustainable management and
provide a broad range of ecosystem
services. It is always the case that, as the
Forest Service engages in day-to-day
management of units of the National
Forest System, the responsible official
considers potential conflicts, which may
include conflicts between restoration
goals.
Comment: Some respondents were
concerned that the policy has the
potential to limit the available areas of
Forest Service land for recreation and to
arbitrarily close trails to off-highwayvehicle recreation, and that the Forest
Service should recognize that recreation
and other multiple uses are legitimate
uses on NFS lands.
Response: A statement has been
added in the Policy section (FSM
2020.3) that explicitly acknowledges
that this policy must comply with all
applicable laws and regulations,
including the Multiple-Use SustainedYield Act (MUSYA) and the National
Forest Management Act (NFMA) of
1976, and the statutes listed in FSM
2020.11. Managing for multiple-use and
sustained-yield of goods and services
has often required the Forest Service to
deal with several conflicting factors and
uses at the same time. In some
instances, restoration may indeed limit
some uses. But, this policy does not
mandate restoration in all situations.
When and how to restore specific
ecosystems will still be a case-by-case
matter for the Forest Service’s
responsible officials who will be
informed by public involvement.
Comment: The Policy section (FSM
2020.3) in the proposed policy should
be rewritten to focus on creating
functioning systems.
Response: The language has been
changed to emphasize that goals and
activities should focus on restoring the
underlying processes that create
functioning ecosystems where
appropriate.
Comment: The following sentence
should be added within the final Policy
section (FSM 2020.3): ‘‘The NRV is a
tool for assessing the ecological integrity
and does not necessarily constitute a
management target or desired
condition.’’
Response: Although the suggested text
was not added to the final Policy section
it is included in the definition of the
NRV (FSM 2025, citing the planning
handbook at FSH 1909.12, zero code,
section 05).
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development of restoration goals or
objectives.
5. The contents of the Principles
section (FSM 2020.6) in the interim
directive was distributed to other
sections of the final policy and the
Principle section was dropped.
6. The final policy adds guidance for
ecological and functional restoration
activities.
Interim Directives
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Comment: The policy should stress
functional restoration, not ecological
restoration, or it should at least provide
a logical link between functional
restoration and ecological restoration;
functional restoration should be defined
in the policy.
Response: In the final directive,
functional restoration has been added to
the Policy (FSM 2020.3) and the
Definition (FSM 2020.5) sections. An
explanation of its use and relationship
with ecological restoration is in the
‘‘Background and Need for the
Directive’’ section of this document.
Comment: Reversing the order of the
objectives would change the tone to a
more forward-looking policy.
Response: The order of the objectives
(FSM 2020.2) has been changed and the
objectives themselves have been
clarified in the final policy.
Comment: Respondents noted that
social and economic sustainability as
well as ecological factors should be
emphasized within the policy.
Response: Consideration for public
values and desires, and the contribution
to ecological, social, and economic
sustainability, among other
considerations, has been added to the
Policy section, FSM 2020.3(3)(b).
Regulatory Impact
The Forest Service has been using an
interim directive since 2008. Below are
the major differences between the
interim directive and the permanent
policy:
1. The title has changed from
‘‘Ecological Restoration and Resilience’’
to ‘‘Ecosystem Restoration’’ in the final
policy, to better align its title with its
content (establishing that not only
ecological restoration but also
functional restoration are appropriate
approaches) and with the mission of the
Agency.
2. The final policy adopted from the
2012 Planning Rule directives (FSH
1909.12) the concepts, terms, and
definitions for the following: Functional
restoration, natural range of variation,
adaptation, disturbance, disturbance
regime, landscape, stressors, and
sustainability.
3. The final policy adds to the Policy
section (FSM 2020.50 a requirement to
give consideration for the recovery,
maintenance, enhancement, and the
resilience of carbon stocks associated
with National Forest System lands.
4. The final policy adds in the Policy
section public values and desires;
contributions to ecological, social, and
economic sustainability; the natural
range of variation (NRV); and ecological
integrity as matters to consider in
This final directive has been reviewed
under USDA procedures and Executive
Order 12866, Regulatory Planning and
Review. This is not an economically
significant action. This action 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, local, or Tribal
governments. This action would not
interfere with an action taken or
planned by another agency. This action
would not alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients of such programs. However,
this final directive has been designated
as significant and therefore is subject to
Office of Management and Budget
review under Executive Order 12866.
In accordance with OMB circular A–
4, ‘‘Regulatory Analysis,’’ a cost/benefit
analysis was conducted comparing the
costs and benefits associated with the
‘‘no action’’ alternative of not having an
Agency policy and the alternative of
adopting the final restoration policy.
Many benefits and costs associated with
the final Agency policy are not
quantifiable. Benefits include providing
consistent and uniform understanding
and Service-wide application of
restoration policies, principles, and
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Regulatory Certification
Environmental Impact
This final directive establishes policy
for restoring and managing ecosystems
on National Forest System lands, but
does not direct that any specific action
be taken. Forest Service NEPA
procedures at 36 CFR 220.6(d)(2)
excludes from documentation in an
environmental assessment or
environmental impact statement ‘‘rules,
regulations, or policies to establish
Service-wide administrative procedures,
program processes, or instructions.’’ The
Agency’s conclusion is that this final
directive falls within the category of
actions in 36 CFR 220.6(d)(2); no
extraordinary circumstances exist which
would require preparation of an
environmental assessment or
environmental impact statement.
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terminology; increasing Agency
effectiveness when planning and
implementing ecosystem management
activities; and fostering better
understanding and collaboration among
interests from local to national levels. It
is anticipated that this final directive
would reduce costs by providing clear
policy, definitions, and principles for
restoring or modifying ecosystems,
thereby reducing ad hoc or inconsistent
interpretation of terminology and
policy.
This final directive has been reviewed
in light of the Regulatory Flexibility Act,
as amended (5 U.S.C. 601 et seq.), and
this action will not have a significant
economic impact on a substantial
number of small entities as defined by
that Act. A threshold regulatory
flexibility analysis is not required,
under the Regulatory Flexibility Act,
because this directive is broad Agency
policy that imposes no impacts or
requirements on small or large entities.
This directive will increase Agency
effectiveness when planning and
implementing restoration activities at
the local level.
Federalism
The Agency considered this final
directive under requirements of
Executive Order 13132, Federalism. The
Agency concludes this final directive
conforms to the federalism principles
set out in this Executive Order; will not
impose any compliance costs on the
States; and will not have substantial
direct effects on the States or the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, the
Agency has determined that no further
assessment of federalism implications is
necessary.
Consultation and Coordination With
Indian Tribal Governments
Pursuant to Executive Order 13175 of
November 6, 2000, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ Tribes were invited to
consult on the proposed directive prior
to review and comment by the general
public. The consultation process was
initiated through written instructions
from the Deputy Chief for the National
Forest System to the Regional Foresters
and subsequently to the Forest
Supervisors. Upon request from the
Tribes, formal consultation was
conducted by the Forest Supervisors
and/or District Rangers with assistance
from staff. Tribal comments were
submitted to the Washington Office staff
designated as lead for this policy and
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were addressed in the notice of
proposed directive that was published
in the Federal Register.
Implementation of this directive
primarily occurs at the local level
(national forest or grassland unit)
through land management and projectlevel planning and accomplishment.
When local actions are initiated, another
level of consultation would occur with
Tribes at the local level where sitespecific land and resource management
goals and objectives are established.
Also, at that level, the design and effects
of management activities are most
effectively addressed in relation to the
Agency’s tribal trust responsibilities and
Indian tribal treaty rights to assure
Tribal interests are respected.
This final directive establishes broad
policy for reestablishing and retaining
ecological resilience of National Forest
System lands and resources to achieve
sustainable management and provide a
broad range of ecosystem services but
does not directly affect the occupancy
and use of National Forest System land.
The Agency has assessed the impact of
this final directive on Indian Tribes
through tribal consultation and
determined that it does not have
substantial direct or unique effects on
Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
The Agency has also determined this
final directive does not impose
substantial direct compliance costs on
Indian tribal governments or preempt
tribal law.
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No Takings Implications
This final directive has been analyzed
in accordance with the principles and
criteria contained in Executive Order
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights, and it has
been determined this final directive
does not pose the risk of a taking of
protected private property.
Civil Justice Reform
This final directive has been reviewed
under Executive Order 12988 ‘‘Civil
Justice Reform.’’ After adoption of the
final directive, (1) all State and local
laws and regulations that conflict with
this final directive or that would impede
full implementation of this directive
would be preempted; (2) no retroactive
effect would be given to this final
directive; and (3) this final directive
would not require the use of
administrative proceedings before
parties could file suit in court
challenging its provisions.
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Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), signed into law on March
22, 1995, the Agency assessed the
effects of this final directive on State,
local, and tribal governments and the
private sector. This final directive does
not compel the annual expenditure of
$100 million or more by any State, local,
or tribal government in the aggregate or
by anyone in the private sector.
Therefore, a statement under section
202 of the act is not required.
Energy Effects
This final directive has been reviewed
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. It has been
determined this final directive does not
constitute a significant energy action as
defined in the Executive Order.
Controlling Paperwork Burdens on the
Public
This final directive does not contain
any additional record keeping or
reporting requirements or other
information collection requirements as
defined in 5 CFR part 1320 that are not
already required by law and already
approved for use, and therefore imposes
no additional paperwork burden on the
public. 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.
Forest Service Manual
The Forest Service policy is
established in Forest Service Manual
2020 as follows:
Chapter 2020—Ecosystem Restoration
FSM 2020 provides policy for
reestablishing and retaining ecological
resilience of National Forest System
lands and resources to achieve
sustainable multiple use management
and provide a broad range of ecosystem
services. Resilient ecosystems have
greater capacity to survive disturbances
and large-scale threats, especially under
changing and uncertain future
environmental conditions, such as those
driven by climate change and human
uses. The directive reaches across all
program areas and activities applicable
to management of National Forest
System lands and resources so as to
ensure integration and coordination at
all levels and organizational units. It
does not directly affect land
management plans or the occupancy
and use of National Forest System
lands, leaving to responsible officials
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the discretion to decide when and how
to authorize restoration projects and
activities. When applying or
implementing this policy, the Forest
Service must comply with applicable
laws and regulations, including the
National Forest Management Act
(NFMA), Multiple-Use Sustained-Yield
Act (MUSYA), and the principal statutes
in section FSM 2020.11.
2020.1—Authority
The authority for sustainably
managing the National Forest System
derives from laws enacted by Congress
that set out the purpose for which it has
been established and is to be
administered. These laws are cited
throughout the Forest Service Manual
and Handbooks. FSM 1010 lists the
most significant laws and provides
guidance on where to obtain copies of
them.
The history of federal policies,
treaties, statutes, court decisions, and
Presidential direction regarding Indian
Tribes and tribal rights and interests is
extensive. FSM 1563.01a through FSM
1563.01i set out the legal authorities
relevant to Forest Service relationships
with Tribes.
The President issued direction
through several Executive Orders
relevant to protection of resources or
restoration of ecosystem processes and
functions (FSM 2020.12). Also,
numerous regulations governing the
sustainable management and restoration
of National Forest System lands are
found in the Code of Federal
Regulations under Title 36, Chapter II,
parts 200–299.
2020.11—Laws
The principal statutes governing the
reestablishing and retaining of the
ecological resilience of National Forest
System lands and resources to achieve
sustainable multiple use management
and provide a broad range of ecosystem
services, include but are not limited to,
the following statutes, which are listed
in alphabetical order. Except where
specifically stated, these statutes apply
to all National Forest System lands and
resources.
1. Forest and Rangeland Renewable
Resources Planning Act (RPA) of 1974,
as amended by National Forest
Management Act (NFMA) of 1976 (16
U.S.C. 1600–1614, 472a). This Act states
that the development and
administration of the renewable
resources of the National Forest System
are to be in full accord with the
concepts for multiple use and sustained
yield of products and services as set
forth in the Multiple-Use SustainedYield Act of 1960. The Act establishes
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the policy of the Congress that all
forested lands in the National Forest
System be maintained in appropriate
forest cover with species of trees, degree
of stocking, rate of growth, and stand
conditions designed to secure the
maximum benefits of multiple-use,
sustained-yield management in
accordance with land management
plans. It sets forth the requirements for
land and resource management plans for
units of the National Forest System,
including requiring guidelines to
provide for diversity of plant and
animal communities based on the
suitability and capability of the specific
land area in order to meet overall
multiple-use objectives.
2. Healthy Forests Restoration Act
(HFRA) of 2003 (16 U.S.C. 6501–6591).
This Act provides processes for
developing and implementing
hazardous fuel reduction projects on
certain types of ‘‘at-risk’’ National Forest
System and Bureau of Land
Management (BLM) lands, and also
provides other authorities and direction
to help reduce hazardous fuels and
protect, restore, and enhance healthy
forest and rangeland ecosystems.
3. Multiple-Use Sustained-Yield Act
of 1960 (16 U.S.C. 528–531). This Act
states that the National Forests are to be
administered for outdoor recreation,
range, timber, watershed, and wildlife
and fish purposes, and adds that the
establishment and maintenance of
wilderness areas are consistent with this
Act. This Act directs the Secretary to
manage renewable surface resources of
the National Forests for multiple use
and sustained yield of the several
products and services obtained
therefrom. Multiple use means the
management of all the various
renewable surface resources of the
National Forests in the combination that
will best meet the needs of the
American people; providing for periodic
adjustments in use to conform to
changing needs and conditions; and
harmonious and coordinated
management of the resources without
impairment of the productivity of the
land. Sustained yield of the several
products and services means achieving
and maintaining in perpetuity a highlevel annual or regular periodic output
of renewable resources without
impairment of the productivity of the
land.
4. Organic Administration Act (at 16
U.S.C. 475, 551). This Act states the
purpose of the National Forests, and
directs their control and administration
to be in accord with such purpose, that
is, ‘‘[n]o national forest shall be
established, except to improve and
protect the forest within the boundaries,
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or for the purpose of securing favorable
conditions of water flows, and to
furnish a continuous supply of timber
for the use and necessities of citizens of
the United States.’’ The Act authorizes
the Secretary of Agriculture to ‘‘make
such rules and regulations . . . to
preserve the [national] forests from
destruction.’’
Other statutes, regulations, and
Executive Orders related to the policies
in the restoration policy are referenced
in FSM 2020.6.
2020.2—Objective
Ecosystems ecologically or
functionally restored, so that over the
long term they are resilient and can be
managed for multiple use and provide
ecosystem services, including but not
limited to carbon storage and
sequestration.
2020.3—Policy
1. The Forest Service will emphasize
ecosystem restoration across the
National Forest System and within its
multiple use mandate.
2. The Forest Service land and
resource management plans, project
plans, and other Forest Service activities
may include goals or objectives for
restoration. The goals or objectives for
ecosystem restoration must be
consistent to all applicable laws and
regulations. In development of
restoration goals or objectives, the
Forest Service should consider:
a. Factors such as the following:
(1) Public values and desires;
(2) the natural range of variation
(NRV);
(3) ecological integrity;
(4) current and likely future ecological
capabilities;
(5) a range of climate and other
environmental change projections;
(6) the best available scientific
information; and,
(7) detrimental human uses.
b. technical and economic feasibility
to achieve desired future conditions.
c. ecological, social, and economic
sustainability.
d. the recovery, maintenance, and
enhancement of carbon stocks.
e. opporunities to incorporate
restoration objectives into resource
management projects to achieve
complementary or synergistic results.
f. the concept that an ecological
system is dynamic and follows an
ecological trajectory
g. the social, economic and ecological
influences of restoration activities at
multiple scales.
3. The Forest Service may reestablish,
maintain, or modify the composition,
structure, function, and connectivity of
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aquatic and terrestrial ecosystems in
order to sustain their resilience and
adaptive capacity.
4. Activities with localized, shortterm adverse effects may be acceptable
in order to achieve long-term restoration
objectives.
5. The definitions for following terms
in this policy are identical to the
definitions for the same terms in the
National Forest System, Land
Management Planning Directive:
adaptation, adaptive capacity, adaptive
management, disturbance, disturbance
regime, ecological integrity, ecosystem,
ecosystem services, landscape, natural
range of variation (NRV), resilience,
restoration–ecological, restoration–
functional, stressors, and sustainability.
(FSH 1909.12, zero code, section 05).
6. When ecosystems have been altered
to such an extent that reestablishing key
ecosystem characteristics within the
NRV may not be ecologically or
economically possible, the restoration
focus should be to create functioning
ecosystems.
7. Resource managers should consider
ecological conditions across ownerships
and jurisdictions to develop and achieve
landscape restoration objectives by
engaging the public, State and local
governments, and consultation with
Indian Tribes.
8. Not all natural resource
management activities are required to
include restoration, and not all National
Forest System lands require restoration.
2020.4—Responsibility
The responsible officials to carry out
the Ecosystem Restoration Policy are the
Agency employees who have the
delegated authority to approve land and
resource management plans, project
plans, or other Forest Service activities.
2020.5—Definitions
The definitions at the Land
Management Planning Handbook, FSH
1909.12, zero code chapter, section 05 at
https://www.fs.fed.us/im/directives/fsh/
1909.12/wo_1909.12_zero_code.docx
apply for the following terms in this
policy: Adaptation, adaptive capacity,
adaptive management, carbon pool,
carbon stocks, disturbance, disturbance
regime, ecological integrity, ecosystem,
ecosystem services, landscape, natural
range of variation (NRV), resilience,
restoration–ecological, restoration–
functional, stressors, and sustainability.
2020.6—References
This section displays references to
statutes, regulations, and Executive
Orders related to the policies in FSM
2020.
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2020.61—References to Statutes
1. Text of the Agricultural Act of 2014 (16
U.S.C. 6591c and 16 U.S.C. 2113a) Title
VIII, Sections 8205 & 8206 is available at:
https://www.gpo.gov/fdsys/pkg/USCODE2014-title16/pdf/USCODE-2014-title16chap84-subchapVI-sec6591c.pdf and
https://www.gpo.gov/fdsys/pkg/USCODE2014-title16/pdf/USCODE-2014-title16chap41-sec2113a.pdf.
2. Text of the Anderson-Mansfield
Reforestation and Revegetation Joint
Resolution Act of 1949 (at 16 U.S.C. 581j
and 581j (note)) is available at: https://
www.gpo.gov/fdsys/pkg/USCODE-2011title16/pdf/USCODE-2011-title16-chap3subchapII-sec581j.pdf.
3. Text about visibility protection for Federal
class I areas (43 U.S.C. 7491) and text
about control of air pollution from
Federal facilities under the Clean Air Act
(42 U.S.C. 7401, 7418, 7470. 7472, 7474,
7475, 7491, 7506, 7602) is available at:
https://www.gpo.gov/fdsys/pkg/USCODE2014-title42/pdf/USCODE-2014-title42chap85-subchapI-partC-subpartiisec7491.pdf and https://www.gpo.gov/
fdsys/pkg/USCODE-2014-title42/pdf/
USCODE-2014-title42-chap85-subchapIpartA-sec7418.pdf.
4. Text about Federal facilities water
pollution control responsibilities (33
U.S.C. 1323) under the Clean Water Act
(33 U.S.C. 1251, 1254, 1323, 1324, 1329,
1342, 1344) is available at: https://
www.gpo.gov/fdsys/pkg/USCODE-2014title33/pdf/USCODE-2014-title33chap26-subchapIII-sec1323.pdf.
5. Text of the Endangered Species Act of
1973 (16 U.S.C. 1531–1544, as amended)
is available at: https://www.gpo.gov/fdsys/
pkg/USCODE-2011-title16/pdf/USCODE2011-title16-chap35.pdf.
6. Text of the Forest and Rangeland
Renewable Resources Planning Act
(RPA) of 1974, as amended by National
Forest Management Act (NFMA) of 1976
(16 U.S.C. 1600–1614, 472a) is available
at: https://www.gpo.gov/fdsys/pkg/
USCODE-2010-title16/html/USCODE2010-title16-chap5C.html.
7. Text of the Granger-Thye Act (16 U.S.C. at
580g–h) is available at: https://
www.gpo.gov/fdsys/pkg/USCODE-2011title16/pdf/USCODE-2011-title16-chap3subchapI-sec580g.pdf and https://
www.gpo.gov/fdsys/pkg/USCODE-2011title16/pdf/USCODE-2011-title16-chap3subchapI-sec580h.pdf.
8. Text of the Healthy Forests Restoration Act
(HFRA) of 2003 (16 U.S.C. 6501–6591) is
available at: https://www.gpo.gov/fdsys/
pkg/USCODE-2011-title16/pdf/USCODE2011-title16-chap84.pdf.
9. Text of the Knutson-Vandenberg Act (16
U.S.C. at 576b) is available at: https://
www.gpo.gov/fdsys/pkg/USCODE-2011title16/pdf/USCODE-2011-title16-chap3subchapI-sec576b.pdf.
10. Text of the Magnuson-Stevens Fishery
Conservation and Management Act of
2006 (16 U.S.C. 1855, as amended) is
available at: https://www.gpo.gov/fdsys/
pkg/USCODE-2011-title16/pdf/USCODE2011-title16-chap38-subchapIVsec1855.pdf.
VerDate Sep<11>2014
17:29 Apr 26, 2016
Jkt 238001
11. Text of the Multiple-Use Sustained-Yield
Act of 1960 (16 U.S.C. 528–531) is
available at: https://www.fs.fed.us/emc/
nfma/includes/musya60.pdf.
12. Text of the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) is available at: https://
www.gpo.gov/fdsys/pkg/USCODE-2011title42/pdf/USCODE-2011-title42chap55.pdf.
13. Text of the North American Wetland
Conservation Act (16 U.S.C. 4401 (note),
4401–4413, 16 U.S.C. 669b (note)).
Section 9 (U.S.C. 4408) is available at:
https://www.gpo.gov/fdsys/pkg/USCODE2011-title16/pdf/USCODE-2011-title16chap64-sec4408.pdf.
14. Text of the Organic Administration Act
(at 16 U.S.C. 475, 551) is available at:
https://www.gpo.gov/fdsys/pkg/USCODE2011-title16/pdf/USCODE-2011-title16chap2-subchapI-sec475.pdf and https://
www.gpo.gov/fdsys/pkg/USCODE-2011title16/pdf/USCODE-2011-title16-chap3subchapI-sec551.pdf.
15. Text of the Sikes Act (16 U.S.C. at 670g)
is available at: https://www.gpo.gov/fdsys/
pkg/USCODE-2010-title16/html/
USCODE-2010-title16-chap5C.htm.
16. Text of the Tribal Forest Protection Act
of 2004 (25 U.S.C. 3115a) is available at:
https://www.fs.fed.us/restoration/
documents/stewardship/tfpa/
TribalForestProtectionAct2004.pdf.
17. Text of the Weeks Act, as amended (at 16
U.S.C. 515, 552) is available at: https://
www.fs.fed.us/land/staff/Documents/
Weeks%20Law.pdf.
18. Text of the Wilderness Act of September
3, 1964 (16 U.S.C. 1131–1136) is
available at: https://www.gpo.gov/fdsys/
pkg/USCODE-2012-title16/pdf/USCODE2012-title16-chap23.pdf.
19. Selected text of the Wild and Scenic
Rivers Act of October 2, 1968 (Public
Law 90–572; 16 U.S.C. 1271–1287), as
amended, is available at: https://
www.rivers.gov/documents/wsr-act.pdf.
2020.62—References to Federal
Regulations
1. Text of 36 CFR 219 governing land and
resource management planning as
amended through April 19, 2013 is
available at: https://www.gpo.gov/fdsys/
pkg/CFR-2013-title36-vol2/pdf/CFR2013-title36-vol2-part219.pdf.
2020.63—References to Executive
Orders
1. Text of Executive Order 11514 issued
March 5, 1970, as amended by E.O.
11991, issued May 24, 1977. Protection
and enhancement of environmental
quality (35 FR 4247, March 7, 1970; 42
FR 26967, May 25, 1977) is available at:
https://www.archives.gov/federal-register/
codification/executive-order/11514.html.
2. Text of the Executive Order 11644 issued
February 8, 1972. Use of off-road
vehicles on the public lands. (37 FR
2877, February 9, 1972). Amended by
E.O. 11989 issued May 24, 1977 and E.O.
12608 issued September 9, 1987 is
available at: https://www.archives.gov/
federal-register/codification/executive-
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
24793
order/11644.html.
3. Text of the Executive Order 11988 issued
May 24, 1977. Floodplain management
(42 FR 26951 (May 25, 1977)) is available
at: https://www.archives.gov/federalregister/codification/executive-order/
11988.html.
4. Text of the Executive Order 11990 issued
May 24, 1977. Protection of wetlands.
(42 FR 26961, May 25, 1977) is available
at: https://www.archives.gov/federalregister/codification/executive-order/
11990.html.
5. Text of the Executive Order 13112 issued
February 3, 1999. Invasive Species. (64
FR 6183 (February 8, 1999)) is available
at: https://www.gpo.gov/fdsys/pkg/FR1999-02-08/pdf/99-3184.pdf.
6. Text of the Executive Order 13653 issued
November 1, 2013. Preparing the United
States for the Impacts of Climate Change.
(78 FR 66819 (November 6, 2013)) is
available at: https://www.gpo.gov/fdsys/
pkg/FR-2013-11-06/pdf/2013-26785.pdf.
Dated: April 18, 2016.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016–09750 Filed 4–26–16; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
Submission for OMB Review;
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Chapter 35).
Agency: Bureau of Industry and
Security.
Title: BIS Program Evaluation.
Form Number(s): N/A.
OMB Control Number: 0694–0125.
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Number of Respondents: 3,000
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Affected Public: Businesses and other
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This information collection request
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E:\FR\FM\27APN1.SGM
27APN1
Agencies
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24785-24793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09750]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC82
Ecosystem Restoration Policy
AGENCY: Forest Service, USDA.
ACTION: Notice of final directive.
-----------------------------------------------------------------------
SUMMARY: The Forest Service is issuing a permanent Ecosystem
Restoration policy that replaces the Interim Directive, ``Ecological
Restoration and Resilience Policy,'' in Forest Service Manual (FSM)
2020. The policy provides broad guidance for restoring ecosystems on
National Forest System lands so that they are self-sustaining and, if
subject to disturbances or environmental change, have the ability to
reorganize and renew themselves. This policy recognizes the adaptive
capacity of restored ecosystems, the role of natural disturbances, and
uncertainty related to climate and other environmental factors.
DATES: This directive is in effect May 27, 2016.
FOR FURTHER INFORMATION CONTACT: Jim Alegria, Forest Management Staff,
USDA Forest Service, Mailstop 1103, 1400 Independence Avenue SW.,
Washington, DC 20250; phone: 202-205-1787.
Individuals who use telecommunications devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
Background and Need for the Directive
The need for reestablishing and retaining resilience of National
Forest System lands and resources to achieve sustainable management and
provide a broad range of ecosystem services is widely recognized, and
the Forest Service has conducted restoration-related activities for
decades. In 2008, the Chief of the Forest Service determined that a
national policy was needed to ensure a consistent and cohesive approach
to reestablish and retain ecological resilience on National Forest
System lands and for National Forest System resources. An interim
directive was first issued on September 22, 2008, and was reissued on
March 3,
[[Page 24786]]
2010, August 30, 2011, May 13, 2013, November 17, 2014, and October 15,
2015.
A notice of availability of a proposed Ecological Restoration
Policy (78 FR 56202) was published in the Federal Register on September
12, 2013 for public review and comment. A total of 16 comments were
received: Five from non-affiliated members of the public, two from
State government agencies, four from the timber industry, and five from
non-governmental organizations.
The Agency believes that a comprehensive policy that includes
standard definitions would provide a tool for sustaining the health,
diversity, and productivity of the Nation's forests and grasslands to
meet the needs of present and future generations. The Forest Service is
amending its directives by establishing a new title in the Forest
Service Manual, FSM 2020: Ecosystem Restoration. The ecosystem
restoration directive applies to all National Forest System resource
management programs. The intent is to provide a clear, science-based
policy to guide management actions where restoration is appropriate.
This policy provides that ``ecosystem restoration'' can be carried
out through the processes of ecological restoration and functional
restoration. Ecological restoration typically focuses on recreating the
ecosystem conditions that were present prior to European influences.
However, some ecosystems may have been altered to such an extent that
reestablishing pre-European conditions may be ecologically or
economically infeasible. In such circumstances, management goals and
activities should create functioning ecosystems in the context of
changing conditions through the process called functional restoration.
Ecosystem restoration can be achieved by a range of management
activities, such as forest thinning to reduce tree density, prescribed
fire to reduce fuel buildup, replacing culverts to better connect
streams, or fencing to restrict disturbances. Ecosystem restoration may
include manipulating or protecting terrestrial and aquatic ecosystems
to assist in their recovery or adaptation to changing environmental
conditions. Monitoring and evaluation of restoration projects are
essential adaptive management steps for achieving sustainable
ecosystems. Ecosystem restoration is a process that can help to achieve
the multiple-use mission of the Forest Service, but not all management
activities on National Forests and Grasslands require a restoration
objective. For example, hazardous fuels reduction to reduce wildfire
risk to communities may require a silvicultural treatment that is not
restoration. Additionally, not all NFS lands need to be restored.
Restoration activities will complement management to maintain
conditions in areas with ecological integrity. The Agency may
incorporate restoration objectives to the extent that they are
ecologically and economically feasible and support achieving desired
conditions or management objectives including multiple uses and
ecosystem services such as carbon storage, energy development,
recreation use, livestock grazing, hazardous fuels reduction, soil
formation, watershed, wildlife, and timber production conducted in
accordance with applicable laws, regulations, and policies.
Restoration may be helpful in managing for climate change by
maintaining carbon stocks provided by the national forests. The
relationship between restoration and carbon is complex. The Forest
Service manages carbon through managing the health and promoting the
adaptive capacity of our forests in the face of frequent, intense, and
severe disturbances. Management can also be designed to recover,
maintain, and enhance carbon stocks, through restoration management
practices. The Forest Service also maintains and restores carbon
through treatment activities that restore the age and size-class
patterns across the landscape. Some of the activities that the Forest
Service undertakes for restoring resiliency and function in the
National Forest System, such as thinning of forest stands and
prescribed burning, can result in a release of carbon in the short
term. In the long term, however, these activities should make the
forest more resilient to disturbances such as wildfire, insects, and
drought therefore reducing the risk to carbon stocks.
The expectation is that forest restoration treatments will lead to
forest resilience and a lower probability of a catastrophic disturbance
and that consequently, more carbon will continue to be sequestered than
would otherwise occur without the treatment. How quickly the carbon
pools sequester carbon depends on several factors including the amount
of carbon removed or lost in the treatment, the productivity of the
ecosystem, the site conditions, the climate variables following the
treatment, and the stand structure. Due to the many variables and
assumptions regarding post-treatment carbon capture, research on
whether restoration increases carbon stocks is inconclusive. Some
studies indicate that post-treatment forest stands never catch up to
the carbon stocks in untreated stands. However, other studies have
concluded that treated stands lose less overall carbon in subsequent
wildfire events compared to untreated stands and that reductions in
wildfire severity have a significant impact on future carbon pools.
Other studies have demonstrated that forest harvesting can reduce
atmospheric CO2 if the carbon accounting considers avoided
emissions from fossil fuels when biomass is used for energy, or the
avoided emissions and carbon storage when long-lived harvested wood
products are substituted for high embodied energy materials such as
steel and concrete.
The Ecosystem Restoration policy has identical definitions for key
terms that are in the 2015 National Forest System, Land Management
Planning Directive (FSH 1909.12, zero code, section 05). By using
identical definitions, the policy ensures that within the Agency, and
in dealing with the public, terms will be used and understood in the
same way. The terms and definitions are: Adaptation, adaptive capacity,
adaptive management, carbon pool, carbon stocks, disturbance,
disturbance regime, ecological restoration (see ``restoration--
ecological''), functional restoration (see ``restoration--
functional''), ecological integrity, ecosystem, ecosystem services,
landscape, natural range of variation (NRV), resilience, stressors, and
sustainability.
Some of the terms defined in 2015 National Forest System, Land
Management Planning Directive (FSH 1909.12, zero code, section 05) such
as ecological and functional restoration, natural range of variation
and resilience, merit further discussion on how they interrelate to one
another. In order to construct a desired future condition for an area,
one should assess past and current conditions as well as how these
conditions may change into the future. Ecological restoration focuses
on reestablishing the composition, structure, pattern, and ecological
processes necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and future
conditions. Assessing current and potential future conditions should
result in a detailed description of the composition, structure,
pattern, and ecological processes of the ecosystem as it moves along an
ecological trajectory through time. Moving along a trajectory means
that ecosystems are not static and may have changing characteristics.
The desired future condition of an ecosystem should be informed by
an assessment of spatial and temporal variation in ecosystem
characteristics under historic disturbance regimes during a specified
reference period. The
[[Page 24787]]
spatial and temporal variation of characteristics in the specified
reference period is often called the natural range of variation (NRV).
The NRV should be used to inform an understanding of ecosystem function
and biophysical capability, the dynamic nature of ecosystems associated
natural and current disturbance regimes, and potential responses to
future environments resulting from climate change and increasing human
uses. The NRV does not define a management target or desired condition;
it provides context for understanding ecological integrity. In some
situations, the desired future condition may be a restored ecosystem
similar to pre-disturbance conditions where degradation and stressors
are limited and minimal changes to environmental conditions are
anticipated in the near future. In other situations, the desired future
condition may be a restored ecosystem that departs from the NRV along a
continuum from only slight to substantial but still retains some
ecological components within the NRV.
Like ecological restoration, functional restoration is a process to
restore degraded biotic and abiotic processes to facilitate the
creation of a desired future condition. A functionally restored
ecosystem, however, may look quite different than the NRV in terms of
structure and composition, where the disparities cannot be easily
changed because some threshold of degradation has been crossed or
significant environmental drivers, such as climate or invasive species,
that influenced structural and (especially) compositional development
have changed. The desired outcome of a restoration treatment may
incorporate concepts from both ecological and functional restoration.
For example, ecological conditions for some native species, due to
insects and diseases, are no longer functioning as they once functioned
and cannot be restored to their previous state. There are invasive
species that have become so established that they cannot be
economically eradicated. Climate change may affect components of the
ecosystem differently so that some components should be restored to
within the NRV and others should not or cannot be restored. In these
situations the objective should be to restore the abiotic and biotic
processes even if the components diverge from the NRV.
Resilience is the ability of an ecosystem and its component parts
to absorb, or recover from, the effects of disturbances through
preservation, restoration, or improvement of its essential structures,
functions, and redundancy of ecological patterns across the landscape.
It is a characteristic of healthy ecosystems and a desired
characteristic of a restored ecosystem.
Response to Comments on the Proposed Policy
Changes Between the Proposed and Final Policy
Based on external and internal comments, there were changes between
the proposed and final policy. The major changes are listed below.
1. The title has changed from ``Ecological Restoration'' to
``Ecosystem Restoration'' in the final policy, to better align the
title with the content of the final policy and the mission of the
Agency.
2. The final policy adds consideration for the recovery,
maintenance, and enhancement of carbon stocks associated with National
Forest System lands.
3. The final policy does not change the definition of ecological
restoration but does clarify the relationship of ecological restoration
to functional restoration and resilience.
4. The final policy facilitates achieving long-term ecological
sustainability and a broad range of ecosystem services and multiple
uses to society in Objectives (FSM 2020.2).
5. The final policy uses key terms that are in the 2015 National
Forest System, Land Management Planning Directive and uses the same
definitions for those terms. (FSH 1909.12, zero code.
6. The final policy retains the summaries of the principal legal
authorities for the policy FSM 2020.11, but now lists other statutes,
without summaries, in FSM 2020.61.
7. The Executive Orders (FSM 2020.12) descriptions are eliminated
and replaced with the citations to those Executive Orders in FSM
2020.63.
8. The agency removed most of FSM 2020.4 because it was redundant
with the general delegations of authorities of FSM 1230. The Agency has
concluded that the responsibilities for restoration belongs to those
Agency employees who have the delegated authority to approve land and
resource management plans, project plans, or other Forest Service
activities.
9. Definitions of key terms were deleted in the final policy and
replaced with a reference to the definitions in planning rule (36 CFR
219.19) and planning handbook (FSH 1909.12, Zero Code chapter, section
05).
General Comments on the Proposed Policy
Comment: Respondents questioned how the directive will help achieve
national forest management objectives or how not having the directive
will prevent achieving national forest management objectives. Others
questioned how the directive would increase Agency effectiveness, they
questioned the need for a permanent ecological restoration policy, and
they questioned why there is no attempt to prioritize ecological
restoration within the context of relevant laws or ecosystem
components.
Response: Restoration spans a number of initiatives in various
program areas, including the invasive species strategy; recovery of
areas affected by high-severity fires, hurricanes, and other
catastrophic disturbances; fish habitat restoration and remediation;
riparian area restoration; conservation of threatened, endangered, and
sensitive species; and restoration of impaired watersheds and large-
scale watershed restoration projects. There was no framework to unite
these various program-specific initiatives with cohesive policies and
definitions. While restoration has been a long-standing Agency
practice, even without a restoration policy, a cohesive policy is
expected to increase the Agency's efficiency in achieving management
objectives. The authority for restoring National Forest System lands
derives from laws enacted by Congress that define the purpose of
national forests and grasslands and direct the Forest Service to
administer and manage the lands for these purposes. The major
authorities are cited in FSM 2020.1. The prioritization of ecological
restoration is guided by the responsible official, which is usually the
forest supervisor or district ranger.
Comment: Another respondent asked how this directive will affect
implementation of the 2012 planning rule.
Response: The 2012 planning rule emphasizes restoration as it
guides the Forest Service in the development, amendment, and revision
of land management plans. The policies, ecological principles, and
definitions in this final directive are consistent with the planning
rule and will also guide activities on those units that have not yet
developed, amended, or revised land management plans under the planning
rule, and it provides further guidance on ecosystem restoration.
Comment: Some respondents felt that the term ``restoration'' was
too limiting and that it may not be economically or ecologically
possible to achieve NRV due to factors such as climate change or
severely degraded environments. The terms ``ecological integrity'' and
``NRV'' are past-focused and ignore adaptation
[[Page 24788]]
to future climate and anthropogenic stressors.
Response: The policy has been clarified in the final directive.
Emphasis has been placed on returning an impaired ecosystem to a
condition of appropriate complexity and increased resilience through
ecosystem restoration or functional restoration. The aim of both
ecological and functional restoration is to restore degraded processes
to facilitate the creation of a desired future condition. The final
policy acknowledges that, when an ecosystem has been so degraded such
that it is impossible or impractical to return conditions to those
within the NRV, or that the projected environmental conditions will not
support returning an ecosystem to be within the NRV, the functional
restoration may be appropriate to restore ecological processes but
achieve the essential functions of the ecosystem with different species
composition and structure than pre-European settlement conditions.
Functional restoration can sometimes serve as the best approach to
restoring ecological integrity within the inherent capability of the
planning area.
Comment: Other comments included that a broad-scale restoration
policy fails to account for localized historic influences, that there
is a lack of an active role for forest management in the policy, and
that the policy would result in an underrepresentation of early seral
stages on the national forests.
Response: The broad-scale or ecosystem restoration approach
emphasized in the policy includes evaluating the current seral stage
distribution and connectivity against the desired conditions, which may
include early seral stages, specialized habitats, and historic
influences. The mechanism to achieve the desired conditions are decided
on a project-by-project basis and may include active forest management
to restore the stand age distribution to be within NRV.
Comment: Another respondent stated that the definitions are
circular: Ecological integrity is a set of conditions that are within
the NRV and is relative to a historic reference period. Consequently,
since the NRV defines ecological integrity, one could argue, any
management action that strays from NRV is degrading the ecosystem.
Response: The management objective for any area is governed by the
applicable land management plan. The land management plan must provide
for social, economic, and ecological sustainability within Forest
Service authority and consistent with the inherent capability of the
plan area (36 CFR 219.8). NRV is ``The variation of ecological
characteristics and processes over scales of time and space that are
appropriate for a given management application.'' The definition of the
term elaborates that ``The NRV is a tool for assessing the ecological
integrity and does not necessarily constitute a management target or
desired condition'' (FSM 2020.5, citing the planning handbook at FSH
1909.12, zero code, section 05). Consequently, management actions that
are consistent with the inherent capability of the plan area are the
best approach to restoring ecological integrity.
Specific Comments on the Proposed Policy
Comment: One commenter stated that contemporary ecology has
abandoned the concept of NRV due to the arbitrary nature of agreeing on
a time scale, or due to the implied exclusion of historic burning by
Native Americans, and added that ecologists have advocated the term HRV
(historic range of variability). Another commenter stated that the term
``Ecological Integrity'' is misleading by indiscriminately implying
that ``species composition can withstand and recover from most
perturbations imposed by natural environmental dynamics or human
influence'' and adds, as an example, that this definition seems to have
no coherent relevance to species whose survival has depended on burning
by Native Americans.
Response: The final policy retains the concept of NRV. The time
period used in the definition for natural range of variation is pre-
European, and, therefore, includes historic burning by Native
Americans. Therefore, this policy would apply to the restoration of
species that were dependent on burning by the Native Americans.
Comment: The definition for ecosystem includes basic ecological
functions such as hydrological and nutrient cycling. The definition
should also include ``capture, storage, and release of water and
nutrients.'' It could be argued that ``nutrient cycling'' includes all
these processes, but our concern arises because both old growth forest
and young plantation cycle nutrients, but there is a big and important
difference between the nutrient capital stored in each. Restoration
should include recovery of lost capital. In addition, if ``function''
and ``process'' are to be used synonymously, then ``growth and
mortality'' should be added to the definition of ecosystem.
Response: The suggested text to add capture, storage, and release
of water and nutrients to hydrological and nutrient cycling to
differentiate between old growth forests and young plantations was not
adopted in the final policy. Ecological restoration focuses on
reestablishing the composition, structure, pattern, and ecological
processes necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and future
conditions. The primary objective of restoration is to place the
ecosystem along an ecological trajectory that is sustainable.
The recommendation to add ``growth and mortality'' was not adopted.
Although they are important processes, they are sub-processes of energy
flow and would not be at the same relative level as the basic
ecological functions of energy flow, nutrient cycling and retention,
soil development and retention, predation and herbivory, and natural
disturbances.
Comment: One respondent wanted to add a definition of ecological
composition to the list of definitions at FSM 2020.5 because
composition is a critical component of ecological function, structure,
and process.
Response: The definition of ecosystem, in the planning rule and
planning handbook, at FSH 1909.12, zero code, secion 05, includes and
explains the concept of composition. The addition of a separate
definition for ecological composition is, therefore, unnecessary.
Comment: Revise the definition of ``Ecological Integrity'' to
eliminate the requirement to manage within the NRV.
Response: The definition of ``ecological integrity'' was not
changed in the final policy. There is no requirement to manage within
the NRV. The NRV is a tool for assessing ecological integrity and does
not necessarily constitute a management target or desired condition
(FSM 2020.5, citing the planning handbook at FSH 19012.12, zero code,
section 05).
Comment: Respondents were concerned that restoration and ecological
sustainability were being placed above other forest uses and that all
the activities on national forests will be required to have a
restoration objective.
Response: The final policy has been clarified to state that not all
activities on National Forest System lands are required to have a
restoration objective.
Comment: FSM 2020.3(6) omits requirements for consultation with
State and local government entities.
Response: There is no statutory, regulatory, or policy requirement
to consult with State and local government entities, but the
expectation to engage
[[Page 24789]]
with State and local governments has been added to FSM 2020.3(6).
Comment: The objectives fail to acknowledge the mandates of the
Multiple-Use Sustained-Yield Act and the National Forest Management Act
of 1976.
Response: Restoration is accomplished to ensure that resources are
usable and sustainable into perpetuity; consequently this policy is
wholly compatible with the Multiple-Use and Sustained-Yield Act and the
National Forest Management Act of 1976. In addition, a statement has
been added to the final policy that explicitly acknowledges that this
policy must comply with all applicable laws and regulations, including
the Multiple-Use and Sustained-Yield Act, the National Forest
Management Act of 1976, and the principal statutes listed in FSM
2020.11.
Comment: The responsibilities of Forest Supervisors (FSM 2020.45)
and District Rangers (FSM 2020.46) should be expanded to include
incorporation of net restoration goals and outcomes in all forest
management projects. If restoration is just one among many types of
projects undertaken by District Rangers, while they also pursue non-
restorative actions, there is no assurance of net progress toward
restoration objectives.
Response: The final wording in the policy is unchanged. The Forest
Service does not have net restoration goals and outcomes. Although
restoration is a key objective for the Forest Service, there are other
projects that are not restoration, such as fuels reduction treatments
within the wildland urban interface. However, the Forest Supervisors
and District Rangers are responsible for development and approval of
projects to reestablish and retain ecological resilience of National
Forest System lands and resources to achieve sustainable management and
provide a broad range of ecosystem services that are consistent with
regional and national policy.
Comment: The proposed policy states that restoration management
activities for ecosystems should ``assist in their recovery from the
impacts of human uses.'' This statement implies that human uses should
be removed to accomplish objectives.
Response: The policy statements in the final directive have been
revised to provide that ``restoration activities should be evaluated
within the context of NRV, the potential future climate trajectories,
and to counter detrimental human uses.''
Comment: Respondents suggested that the Policy section (FSM 2020.3)
should also promote ecosystem processes and function, biodiversity, and
soils.
Response: No change to the policy is needed. Ecosystem restoration
is the objective of the policy, and the definition of ``ecosystem''
states that it is commonly described in terms of its composition), and
function, including soil development and retention (see FSM 2020.5 and
the planning handbook at FSH 1909.12, zero code); consequently, the
respondent's suggestions were already incorporated in the proposed as
well as the final policy.
Comment: Respondents questioned the presumed link between historic
system processes (implied by the use of the word ``reestablish'') with
the processes required to support ``ecosystem sustainability,
resilience, and health under current and future conditions.'' The
respondents believe there will be confusion in the implementation of
the policy due to the differences in processes necessary to support
historic systems and those to support current and future conditions;
one example is warming conditions.
Response: The final policy includes slight modifications to include
the most recent research that more fully takes into account climate
change. The term functional restoration has been added to acknowledge
that in some situations it is not possible or desirable to reestablish
key ecosystem characteristics within the NRV. The policy provides the
flexibility to define desired conditions under warming conditions
outside the NRV, if necessary.
Comment: Another respondent found that the Objective section
focuses on building resiliency, whereas the Policy section focuses on
restoration.
Response: Resilience is a desired property of a restored ecosystem.
The use of the terms ``resilience'' and ``restoration'' are found in
the Objective section (FSM 2020.2) and the Policy section (FSM 2020.3)
by design. However, a definition of the term resilience has been listed
as available in FSH 1909.12, zero code chapter, section 05 to clarify
the meaning when the term is used in the policy.
Comment: A respondent was concerned that the proposed policy did
not address the causes that contribute to ecological degradation, such
as grazing and fire suppression. Another respondent stated that the
policy should explicitly recognize the potential conflict between
restoration goals, such as fuel reduction versus biomass accumulation,
and that an objective of the policy should be to harmonize conflicting
goals.
Response: The purpose of this policy is to establish broad
direction for reestablishing and retaining ecological resilience of
National Forest System lands and associated resources to achieve
sustainable management and provide a broad range of ecosystem services.
It is always the case that, as the Forest Service engages in day-to-day
management of units of the National Forest System, the responsible
official considers potential conflicts, which may include conflicts
between restoration goals.
Comment: Some respondents were concerned that the policy has the
potential to limit the available areas of Forest Service land for
recreation and to arbitrarily close trails to off-highway-vehicle
recreation, and that the Forest Service should recognize that
recreation and other multiple uses are legitimate uses on NFS lands.
Response: A statement has been added in the Policy section (FSM
2020.3) that explicitly acknowledges that this policy must comply with
all applicable laws and regulations, including the Multiple-Use
Sustained-Yield Act (MUSYA) and the National Forest Management Act
(NFMA) of 1976, and the statutes listed in FSM 2020.11. Managing for
multiple-use and sustained-yield of goods and services has often
required the Forest Service to deal with several conflicting factors
and uses at the same time. In some instances, restoration may indeed
limit some uses. But, this policy does not mandate restoration in all
situations. When and how to restore specific ecosystems will still be a
case-by-case matter for the Forest Service's responsible officials who
will be informed by public involvement.
Comment: The Policy section (FSM 2020.3) in the proposed policy
should be rewritten to focus on creating functioning systems.
Response: The language has been changed to emphasize that goals and
activities should focus on restoring the underlying processes that
create functioning ecosystems where appropriate.
Comment: The following sentence should be added within the final
Policy section (FSM 2020.3): ``The NRV is a tool for assessing the
ecological integrity and does not necessarily constitute a management
target or desired condition.''
Response: Although the suggested text was not added to the final
Policy section it is included in the definition of the NRV (FSM 2025,
citing the planning handbook at FSH 1909.12, zero code, section 05).
[[Page 24790]]
Comment: The policy should stress functional restoration, not
ecological restoration, or it should at least provide a logical link
between functional restoration and ecological restoration; functional
restoration should be defined in the policy.
Response: In the final directive, functional restoration has been
added to the Policy (FSM 2020.3) and the Definition (FSM 2020.5)
sections. An explanation of its use and relationship with ecological
restoration is in the ``Background and Need for the Directive'' section
of this document.
Comment: Reversing the order of the objectives would change the
tone to a more forward-looking policy.
Response: The order of the objectives (FSM 2020.2) has been changed
and the objectives themselves have been clarified in the final policy.
Comment: Respondents noted that social and economic sustainability
as well as ecological factors should be emphasized within the policy.
Response: Consideration for public values and desires, and the
contribution to ecological, social, and economic sustainability, among
other considerations, has been added to the Policy section, FSM
2020.3(3)(b).
Interim Directives
The Forest Service has been using an interim directive since 2008.
Below are the major differences between the interim directive and the
permanent policy:
1. The title has changed from ``Ecological Restoration and
Resilience'' to ``Ecosystem Restoration'' in the final policy, to
better align its title with its content (establishing that not only
ecological restoration but also functional restoration are appropriate
approaches) and with the mission of the Agency.
2. The final policy adopted from the 2012 Planning Rule directives
(FSH 1909.12) the concepts, terms, and definitions for the following:
Functional restoration, natural range of variation, adaptation,
disturbance, disturbance regime, landscape, stressors, and
sustainability.
3. The final policy adds to the Policy section (FSM 2020.50 a
requirement to give consideration for the recovery, maintenance,
enhancement, and the resilience of carbon stocks associated with
National Forest System lands.
4. The final policy adds in the Policy section public values and
desires; contributions to ecological, social, and economic
sustainability; the natural range of variation (NRV); and ecological
integrity as matters to consider in development of restoration goals or
objectives.
5. The contents of the Principles section (FSM 2020.6) in the
interim directive was distributed to other sections of the final policy
and the Principle section was dropped.
6. The final policy adds guidance for ecological and functional
restoration activities.
Regulatory Certification
Environmental Impact
This final directive establishes policy for restoring and managing
ecosystems on National Forest System lands, but does not direct that
any specific action be taken. Forest Service NEPA procedures at 36 CFR
220.6(d)(2) excludes from documentation in an environmental assessment
or environmental impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions.'' The Agency's conclusion is that this final directive
falls within the category of actions in 36 CFR 220.6(d)(2); no
extraordinary circumstances exist which would require preparation of an
environmental assessment or environmental impact statement.
Regulatory Impact
This final directive has been reviewed under USDA procedures and
Executive Order 12866, Regulatory Planning and Review. This is not an
economically significant action. This action 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, local, or Tribal governments. This action would not
interfere with an action taken or planned by another agency. This
action would not alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
of such programs. However, this final directive has been designated as
significant and therefore is subject to Office of Management and Budget
review under Executive Order 12866.
In accordance with OMB circular A-4, ``Regulatory Analysis,'' a
cost/benefit analysis was conducted comparing the costs and benefits
associated with the ``no action'' alternative of not having an Agency
policy and the alternative of adopting the final restoration policy.
Many benefits and costs associated with the final Agency policy are not
quantifiable. Benefits include providing consistent and uniform
understanding and Service-wide application of restoration policies,
principles, and terminology; increasing Agency effectiveness when
planning and implementing ecosystem management activities; and
fostering better understanding and collaboration among interests from
local to national levels. It is anticipated that this final directive
would reduce costs by providing clear policy, definitions, and
principles for restoring or modifying ecosystems, thereby reducing ad
hoc or inconsistent interpretation of terminology and policy.
This final directive has been reviewed in light of the Regulatory
Flexibility Act, as amended (5 U.S.C. 601 et seq.), and this action
will not have a significant economic impact on a substantial number of
small entities as defined by that Act. A threshold regulatory
flexibility analysis is not required, under the Regulatory Flexibility
Act, because this directive is broad Agency policy that imposes no
impacts or requirements on small or large entities. This directive will
increase Agency effectiveness when planning and implementing
restoration activities at the local level.
Federalism
The Agency considered this final directive under requirements of
Executive Order 13132, Federalism. The Agency concludes this final
directive conforms to the federalism principles set out in this
Executive Order; will not impose any compliance costs on the States;
and will not have substantial direct effects on the States or the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, the Agency has determined that no further
assessment of federalism implications is necessary.
Consultation and Coordination With Indian Tribal Governments
Pursuant to Executive Order 13175 of November 6, 2000,
``Consultation and Coordination with Indian Tribal Governments,''
Tribes were invited to consult on the proposed directive prior to
review and comment by the general public. The consultation process was
initiated through written instructions from the Deputy Chief for the
National Forest System to the Regional Foresters and subsequently to
the Forest Supervisors. Upon request from the Tribes, formal
consultation was conducted by the Forest Supervisors and/or District
Rangers with assistance from staff. Tribal comments were submitted to
the Washington Office staff designated as lead for this policy and
[[Page 24791]]
were addressed in the notice of proposed directive that was published
in the Federal Register.
Implementation of this directive primarily occurs at the local
level (national forest or grassland unit) through land management and
project-level planning and accomplishment. When local actions are
initiated, another level of consultation would occur with Tribes at the
local level where site-specific land and resource management goals and
objectives are established. Also, at that level, the design and effects
of management activities are most effectively addressed in relation to
the Agency's tribal trust responsibilities and Indian tribal treaty
rights to assure Tribal interests are respected.
This final directive establishes broad policy for reestablishing
and retaining ecological resilience of National Forest System lands and
resources to achieve sustainable management and provide a broad range
of ecosystem services but does not directly affect the occupancy and
use of National Forest System land. The Agency has assessed the impact
of this final directive on Indian Tribes through tribal consultation
and determined that it does not have substantial direct or unique
effects on Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
The Agency has also determined this final directive does not impose
substantial direct compliance costs on Indian tribal governments or
preempt tribal law.
No Takings Implications
This final directive has been analyzed in accordance with the
principles and criteria contained in Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and it has been determined this final directive does
not pose the risk of a taking of protected private property.
Civil Justice Reform
This final directive has been reviewed under Executive Order 12988
``Civil Justice Reform.'' After adoption of the final directive, (1)
all State and local laws and regulations that conflict with this final
directive or that would impede full implementation of this directive
would be preempted; (2) no retroactive effect would be given to this
final directive; and (3) this final directive would not require the use
of administrative proceedings before parties could file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), signed into law on March 22, 1995, the Agency
assessed the effects of this final directive on State, local, and
tribal governments and the private sector. This final directive does
not compel the annual expenditure of $100 million or more by any State,
local, or tribal government in the aggregate or by anyone in the
private sector. Therefore, a statement under section 202 of the act is
not required.
Energy Effects
This final directive has been reviewed under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined this final directive does
not constitute a significant energy action as defined in the Executive
Order.
Controlling Paperwork Burdens on the Public
This final directive does not contain any additional record keeping
or reporting requirements or other information collection requirements
as defined in 5 CFR part 1320 that are not already required by law and
already approved for use, and therefore imposes no additional paperwork
burden on the public. 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.
Forest Service Manual
The Forest Service policy is established in Forest Service Manual
2020 as follows:
Chapter 2020--Ecosystem Restoration
FSM 2020 provides policy for reestablishing and retaining
ecological resilience of National Forest System lands and resources to
achieve sustainable multiple use management and provide a broad range
of ecosystem services. Resilient ecosystems have greater capacity to
survive disturbances and large-scale threats, especially under changing
and uncertain future environmental conditions, such as those driven by
climate change and human uses. The directive reaches across all program
areas and activities applicable to management of National Forest System
lands and resources so as to ensure integration and coordination at all
levels and organizational units. It does not directly affect land
management plans or the occupancy and use of National Forest System
lands, leaving to responsible officials the discretion to decide when
and how to authorize restoration projects and activities. When applying
or implementing this policy, the Forest Service must comply with
applicable laws and regulations, including the National Forest
Management Act (NFMA), Multiple-Use Sustained-Yield Act (MUSYA), and
the principal statutes in section FSM 2020.11.
2020.1--Authority
The authority for sustainably managing the National Forest System
derives from laws enacted by Congress that set out the purpose for
which it has been established and is to be administered. These laws are
cited throughout the Forest Service Manual and Handbooks. FSM 1010
lists the most significant laws and provides guidance on where to
obtain copies of them.
The history of federal policies, treaties, statutes, court
decisions, and Presidential direction regarding Indian Tribes and
tribal rights and interests is extensive. FSM 1563.01a through FSM
1563.01i set out the legal authorities relevant to Forest Service
relationships with Tribes.
The President issued direction through several Executive Orders
relevant to protection of resources or restoration of ecosystem
processes and functions (FSM 2020.12). Also, numerous regulations
governing the sustainable management and restoration of National Forest
System lands are found in the Code of Federal Regulations under Title
36, Chapter II, parts 200-299.
2020.11--Laws
The principal statutes governing the reestablishing and retaining
of the ecological resilience of National Forest System lands and
resources to achieve sustainable multiple use management and provide a
broad range of ecosystem services, include but are not limited to, the
following statutes, which are listed in alphabetical order. Except
where specifically stated, these statutes apply to all National Forest
System lands and resources.
1. Forest and Rangeland Renewable Resources Planning Act (RPA) of
1974, as amended by National Forest Management Act (NFMA) of 1976 (16
U.S.C. 1600-1614, 472a). This Act states that the development and
administration of the renewable resources of the National Forest System
are to be in full accord with the concepts for multiple use and
sustained yield of products and services as set forth in the Multiple-
Use Sustained-Yield Act of 1960. The Act establishes
[[Page 24792]]
the policy of the Congress that all forested lands in the National
Forest System be maintained in appropriate forest cover with species of
trees, degree of stocking, rate of growth, and stand conditions
designed to secure the maximum benefits of multiple-use, sustained-
yield management in accordance with land management plans. It sets
forth the requirements for land and resource management plans for units
of the National Forest System, including requiring guidelines to
provide for diversity of plant and animal communities based on the
suitability and capability of the specific land area in order to meet
overall multiple-use objectives.
2. Healthy Forests Restoration Act (HFRA) of 2003 (16 U.S.C. 6501-
6591). This Act provides processes for developing and implementing
hazardous fuel reduction projects on certain types of ``at-risk''
National Forest System and Bureau of Land Management (BLM) lands, and
also provides other authorities and direction to help reduce hazardous
fuels and protect, restore, and enhance healthy forest and rangeland
ecosystems.
3. Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528-531).
This Act states that the National Forests are to be administered for
outdoor recreation, range, timber, watershed, and wildlife and fish
purposes, and adds that the establishment and maintenance of wilderness
areas are consistent with this Act. This Act directs the Secretary to
manage renewable surface resources of the National Forests for multiple
use and sustained yield of the several products and services obtained
therefrom. Multiple use means the management of all the various
renewable surface resources of the National Forests in the combination
that will best meet the needs of the American people; providing for
periodic adjustments in use to conform to changing needs and
conditions; and harmonious and coordinated management of the resources
without impairment of the productivity of the land. Sustained yield of
the several products and services means achieving and maintaining in
perpetuity a high-level annual or regular periodic output of renewable
resources without impairment of the productivity of the land.
4. Organic Administration Act (at 16 U.S.C. 475, 551). This Act
states the purpose of the National Forests, and directs their control
and administration to be in accord with such purpose, that is, ``[n]o
national forest shall be established, except to improve and protect the
forest within the boundaries, or for the purpose of securing favorable
conditions of water flows, and to furnish a continuous supply of timber
for the use and necessities of citizens of the United States.'' The Act
authorizes the Secretary of Agriculture to ``make such rules and
regulations . . . to preserve the [national] forests from
destruction.''
Other statutes, regulations, and Executive Orders related to the
policies in the restoration policy are referenced in FSM 2020.6.
2020.2--Objective
Ecosystems ecologically or functionally restored, so that over the
long term they are resilient and can be managed for multiple use and
provide ecosystem services, including but not limited to carbon storage
and sequestration.
2020.3--Policy
1. The Forest Service will emphasize ecosystem restoration across
the National Forest System and within its multiple use mandate.
2. The Forest Service land and resource management plans, project
plans, and other Forest Service activities may include goals or
objectives for restoration. The goals or objectives for ecosystem
restoration must be consistent to all applicable laws and regulations.
In development of restoration goals or objectives, the Forest Service
should consider:
a. Factors such as the following:
(1) Public values and desires;
(2) the natural range of variation (NRV);
(3) ecological integrity;
(4) current and likely future ecological capabilities;
(5) a range of climate and other environmental change projections;
(6) the best available scientific information; and,
(7) detrimental human uses.
b. technical and economic feasibility to achieve desired future
conditions.
c. ecological, social, and economic sustainability.
d. the recovery, maintenance, and enhancement of carbon stocks.
e. opporunities to incorporate restoration objectives into resource
management projects to achieve complementary or synergistic results.
f. the concept that an ecological system is dynamic and follows an
ecological trajectory
g. the social, economic and ecological influences of restoration
activities at multiple scales.
3. The Forest Service may reestablish, maintain, or modify the
composition, structure, function, and connectivity of aquatic and
terrestrial ecosystems in order to sustain their resilience and
adaptive capacity.
4. Activities with localized, short-term adverse effects may be
acceptable in order to achieve long-term restoration objectives.
5. The definitions for following terms in this policy are identical
to the definitions for the same terms in the National Forest System,
Land Management Planning Directive: adaptation, adaptive capacity,
adaptive management, disturbance, disturbance regime, ecological
integrity, ecosystem, ecosystem services, landscape, natural range of
variation (NRV), resilience, restoration-ecological, restoration-
functional, stressors, and sustainability. (FSH 1909.12, zero code,
section 05).
6. When ecosystems have been altered to such an extent that
reestablishing key ecosystem characteristics within the NRV may not be
ecologically or economically possible, the restoration focus should be
to create functioning ecosystems.
7. Resource managers should consider ecological conditions across
ownerships and jurisdictions to develop and achieve landscape
restoration objectives by engaging the public, State and local
governments, and consultation with Indian Tribes.
8. Not all natural resource management activities are required to
include restoration, and not all National Forest System lands require
restoration.
2020.4--Responsibility
The responsible officials to carry out the Ecosystem Restoration
Policy are the Agency employees who have the delegated authority to
approve land and resource management plans, project plans, or other
Forest Service activities.
2020.5--Definitions
The definitions at the Land Management Planning Handbook, FSH
1909.12, zero code chapter, section 05 at https://www.fs.fed.us/im/directives/fsh/1909.12/wo_1909.12_zero_code.docx apply for the
following terms in this policy: Adaptation, adaptive capacity, adaptive
management, carbon pool, carbon stocks, disturbance, disturbance
regime, ecological integrity, ecosystem, ecosystem services, landscape,
natural range of variation (NRV), resilience, restoration-ecological,
restoration-functional, stressors, and sustainability.
2020.6--References
This section displays references to statutes, regulations, and
Executive Orders related to the policies in FSM 2020.
[[Page 24793]]
2020.61--References to Statutes
1. Text of the Agricultural Act of 2014 (16 U.S.C. 6591c and 16
U.S.C. 2113a) Title VIII, Sections 8205 & 8206 is available at:
https://www.gpo.gov/fdsys/pkg/USCODE-2014-title16/pdf/USCODE-2014-title16-chap84-subchapVI-sec6591c.pdf and https://www.gpo.gov/fdsys/pkg/USCODE-2014-title16/pdf/USCODE-2014-title16-chap41-sec2113a.pdf.
2. Text of the Anderson-Mansfield Reforestation and Revegetation
Joint Resolution Act of 1949 (at 16 U.S.C. 581j and 581j (note)) is
available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap3-subchapII-sec581j.pdf.
3. Text about visibility protection for Federal class I areas (43
U.S.C. 7491) and text about control of air pollution from Federal
facilities under the Clean Air Act (42 U.S.C. 7401, 7418, 7470.
7472, 7474, 7475, 7491, 7506, 7602) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2014-title42/pdf/USCODE-2014-title42-chap85-subchapI-partC-subpartii-sec7491.pdf and https://www.gpo.gov/fdsys/pkg/USCODE-2014-title42/pdf/USCODE-2014-title42-chap85-subchapI-partA-sec7418.pdf.
4. Text about Federal facilities water pollution control
responsibilities (33 U.S.C. 1323) under the Clean Water Act (33
U.S.C. 1251, 1254, 1323, 1324, 1329, 1342, 1344) is available at:
https://www.gpo.gov/fdsys/pkg/USCODE-2014-title33/pdf/USCODE-2014-title33-chap26-subchapIII-sec1323.pdf.
5. Text of the Endangered Species Act of 1973 (16 U.S.C. 1531-1544,
as amended) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap35.pdf.
6. Text of the Forest and Rangeland Renewable Resources Planning Act
(RPA) of 1974, as amended by National Forest Management Act (NFMA)
of 1976 (16 U.S.C. 1600-1614, 472a) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2010-title16/html/USCODE-2010-title16-chap5C.html.
7. Text of the Granger-Thye Act (16 U.S.C. at 580g-h) is available
at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap3-subchapI-sec580g.pdf and https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap3-subchapI-sec580h.pdf.
8. Text of the Healthy Forests Restoration Act (HFRA) of 2003 (16
U.S.C. 6501-6591) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap84.pdf.
9. Text of the Knutson-Vandenberg Act (16 U.S.C. at 576b) is
available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap3-subchapI-sec576b.pdf.
10. Text of the Magnuson-Stevens Fishery Conservation and Management
Act of 2006 (16 U.S.C. 1855, as amended) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap38-subchapIV-sec1855.pdf.
11. Text of the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528-531) is available at: https://www.fs.fed.us/emc/nfma/includes/musya60.pdf.
12. Text of the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321 et seq.) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title42/pdf/USCODE-2011-title42-chap55.pdf.
13. Text of the North American Wetland Conservation Act (16 U.S.C.
4401 (note), 4401-4413, 16 U.S.C. 669b (note)). Section 9 (U.S.C.
4408) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap64-sec4408.pdf.
14. Text of the Organic Administration Act (at 16 U.S.C. 475, 551)
is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap2-subchapI-sec475.pdf and https://www.gpo.gov/fdsys/pkg/USCODE-2011-title16/pdf/USCODE-2011-title16-chap3-subchapI-sec551.pdf.
15. Text of the Sikes Act (16 U.S.C. at 670g) is available at:
https://www.gpo.gov/fdsys/pkg/USCODE-2010-title16/html/USCODE-2010-title16-chap5C.htm.
16. Text of the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a) is available at: https://www.fs.fed.us/restoration/documents/stewardship/tfpa/TribalForestProtectionAct2004.pdf.
17. Text of the Weeks Act, as amended (at 16 U.S.C. 515, 552) is
available at: https://www.fs.fed.us/land/staff/Documents/Weeks%20Law.pdf.
18. Text of the Wilderness Act of September 3, 1964 (16 U.S.C. 1131-
1136) is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2012-title16/pdf/USCODE-2012-title16-chap23.pdf.
19. Selected text of the Wild and Scenic Rivers Act of October 2,
1968 (Public Law 90-572; 16 U.S.C. 1271-1287), as amended, is
available at: https://www.rivers.gov/documents/wsr-act.pdf.
2020.62--References to Federal Regulations
1. Text of 36 CFR 219 governing land and resource management
planning as amended through April 19, 2013 is available at: https://www.gpo.gov/fdsys/pkg/CFR-2013-title36-vol2/pdf/CFR-2013-title36-vol2-part219.pdf.
2020.63--References to Executive Orders
1. Text of Executive Order 11514 issued March 5, 1970, as amended by
E.O. 11991, issued May 24, 1977. Protection and enhancement of
environmental quality (35 FR 4247, March 7, 1970; 42 FR 26967, May
25, 1977) is available at: https://www.archives.gov/federal-register/codification/executive-order/11514.html.
2. Text of the Executive Order 11644 issued February 8, 1972. Use of
off-road vehicles on the public lands. (37 FR 2877, February 9,
1972). Amended by E.O. 11989 issued May 24, 1977 and E.O. 12608
issued September 9, 1987 is available at: https://www.archives.gov/federal-register/codification/executive-order/11644.html.
3. Text of the Executive Order 11988 issued May 24, 1977. Floodplain
management (42 FR 26951 (May 25, 1977)) is available at: https://www.archives.gov/federal-register/codification/executive-order/11988.html.
4. Text of the Executive Order 11990 issued May 24, 1977. Protection
of wetlands. (42 FR 26961, May 25, 1977) is available at: https://www.archives.gov/federal-register/codification/executive-order/11990.html.
5. Text of the Executive Order 13112 issued February 3, 1999.
Invasive Species. (64 FR 6183 (February 8, 1999)) is available at:
https://www.gpo.gov/fdsys/pkg/FR-1999-02-08/pdf/99-3184.pdf.
6. Text of the Executive Order 13653 issued November 1, 2013.
Preparing the United States for the Impacts of Climate Change. (78
FR 66819 (November 6, 2013)) is available at: https://www.gpo.gov/fdsys/pkg/FR-2013-11-06/pdf/2013-26785.pdf.
Dated: April 18, 2016.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016-09750 Filed 4-26-16; 8:45 am]
BILLING CODE 3411-15-P