Department of Agriculture June 3, 2013 – Federal Register Recent Federal Regulation Documents

The U.S. Department of Agriculture (USDA) is proposing to rescind the Statement of Policy titled ``Public Participation in Rule Making,'' published in the Federal Register on July 24, 1971 (36 FR 13804) that requires agencies in USDA to follow the Administrative Procedure Act's (APA) notice-and-comment rulemaking procedures even in situations where the APA does not require it. The Statement of Policy implemented a 1969 recommendation by the Administrative Conference of the United States (ACUS), which urged Congress to amend the APA to remove the exemption from the notice-and-comment requirement for rulemakings relating to ``public property, loans, grants, benefits, or contracts,'' adding that agencies should follow the notice-and-comment procedures pending amendment of the APA. In proposing to rescind the Statement of Policy, USDA notes that in the more than 40 years since ACUS made its recommendation, Congress has not amended the APA to implement it. Moreover, USDA has determined in this time that the advantages of implementing the ACUS recommendation do not outweigh the disadvantages, such as increased costs and delayed implementation imposed on USDA programs. The proposed change would not result in USDA forgoing notice-and-comment rulemaking for all regulatory actions relating to public property, loans, grants, benefits, or contracts, rather the proposed change would grant USDA agencies the discretion to determine the appropriateness of notice-and- comment rulemaking for this class of rulemakings.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321-4370d, as implemented by the Council of Environmental Quality regulations (40 CFR parts 1500-1508) and Natural Resources Conservation Service (NRCS) regulations that implement NEPA at 7 CFR part 650, the NRCS Utah State Office announces its intent to prepare an Environmental Impact Statement (EIS) for the Green River/Tusher Diversion Dam Rehabilitation project. The purpose of this notice is to alert interested parties regarding the intent to prepare the EIS, to provide information on the nature of the proposed action and possible alternatives, and to invite public participation in the EIS process (including providing comments on the scope of the draft EIS, to announce that a public scoping meeting will be conducted, and to identify cooperating agency contacts). The EIS process will evaluate alternatives recommended for detailed study as a result of previous planning-level studies completed by NRCS and any additional (new) alternatives identified during scoping.

The Humboldt-Toiyabe National Forest (HTNF), Carson Ranger District, will prepare an environmental impact statement to analyze the effects of a proposal from Mt. Rose Ski Tahoe (Mt. Rose) to expand its lift and terrain network. The project is located approximately 12 miles west of the intersection of Mt. Rose Highway (Nevada State Route 431) and U.S. 395, immediately north of the Mt. Rose base lodge and parking area. The project is located on both private and National Forest System (NFS) land within Washoe County, Nevada.