[Federal Register: May 13, 1999 (Volume 64, Number 92)] [Rules and Regulations] [Page 25821-25822] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13my99-9] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 254 Landownership Adjustment; Land Exchanges AGENCY: Forest Service, USDA. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: This technical amendment corrects an oversight that occurred when regulations pertaining to land exchanges were adopted in 1994. The final land exchange rule failed to correctly conform the citations for administrative appeal regulations applicable to appealing land exchange decisions. This technical amendment corrects that oversight, making it clear that the appeal procedures to be followed are those in 36 CFR part 215, not part 217. EFFECTIVE DATE: This rule is effective May 13, 1999. FOR FURTHER INFORMATION CONTACT: Greg Smith, Lands Staff, MAIL STOP 1124, Forest Service, USDA, PO Box 96090, Washington, DC 20090-6090, 202-205-1769. SUPPLEMENTARY INFORMATION: On March 8, 1994, the Department adopted a final rule (59 FR 10854) at 36 CFR part 254 revising procedures for Forest Service land exchange activities as authorized by the Federal Land Exchange Facilitation Act of August 20, 1988. When the Forest Service published the proposed land exchange rule in 1991, the applicable appeal regulations were at 36 CFR parts 251 and 217. At that time, part 217 covered appeals of both plan and project level decisions. However in 1993, the Department adopted new appeal regulations at 36 CFR part 215 (58 FR 58904) and simultaneously revised the appeal rules at 36 CFR part 217 to apply solely to National Forest Land and Resource Management Plan decisions. When the Department proceeded to the final land exchange rule, the citations to the appeal regulation inadvertently was not changed to conform to the 1993 appeal rules. Decisions pertaining to specific land exchanges are not National Forest Land and Resource Management Plan decisions and, therefore, have not been appealable under 36 CFR part 217 since 1993 pursuant to section 322 of the Department of the Interior and Related Agencies Appropriations Act of 1993 (16 U.S.C. 1612 note). Instead, these land exchange decision concern projects or activities that implement land and resource management plans and therefore are subject to appeal under CFR part 215. This rule corrects the citations in 36 CFR part 254 at Sec. 254.4(g), Sec. 254.13(b), and Sec. 254.14(b)(6). This oversight was discovered only recently, and the agency is moving to correct this citation error as quickly as possible to avoid any further confusion. [[Page 25822]] Compliance With Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) of the Administrative Procedure Act, the Forest Service had determined that good cause exists for adopting this final rule without prior notice and comment opportunity. This rule is a technical amendment. The need for this rule arises from the agency's inadvertent failure to conform cross references in land exchange regulations at 36 CFR part 254 in a 1994 final rule to changes in administrative appeal regulations at 36 CFR parts 215 and 217 adopted in 1993. This conforming amendment does not alter the agency's practice with regard to administrative appeals of land exchange decisions. The agency has been routinely processing appeals of land exchange decisions under 36 CFR part 215, since land exchange decisions are project-level decisions, not land and resource management plan decisions. Because this rulemaking does not make any substantive changes to regulations for land exchanges, does not limit appeal rights for decision related to land exchange activities, and merely conforms a cross reference to the appeal regulations that are actually in use, notice and comment on this rule prior to adoption is unnecessary. Regulatory Impact This rule is a technical amendment to correct a reference to another rule. As such, it has no substantive effect, since by the terms of the appeal rules at 36 CFR part 217, only land and resource management plan decision are subject to that rule. Additionally, despite the cross-reference error in part 254, the agency has been processing land exchange appeals under part 215 since 1993. As noted in the preamble, land exchange decisions are not plan decisions. For these reasons, this technical amendment is not subject toreview under USDA procedures and Exchange Order 12866 on Regulatory Planning and Review. Accordingly, this rule is not subject to Office of Management and Budget review under Executive Order 12866. Furthermore, this rule is exempt from further analysis under the Unfunded Mandates Reform Act of 1995; Executive Order 12778, Civil Justice Reform; Executive Order 12530, Takings Implications; the Regulatory Flexibility Act; or the Paperwork Reduction Act of 1995. List of Subjects in 36 CFR Part 254 Community facilities and national forests. Therefore, for the reasons set forth in the preamble, part 254 of Title 36 of the Code of Federal Regulations is amended as follows: PART 254--[Amended] 1. The authority citation for part 254 continues to read: Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 486, 516, 551, and 555a; 43 U.S.C. 1701, 1715, and 1740; and other applicable laws. 2. Revise paragraph (g) of Sec. 254.4 to read as follows: Sec. 254.4 Agreement to initiate an exchange. * * * * * (g) The withdrawal from an exchange proposal by an authorized officer at any time prior to the notice of decision, pursuant to Sec. 254.13 of this subpart, is not appealable under 36 CFR part 215 or 36 CFR part 251, subpart C. 3, Revise paragraph (b) of Sec. 254.13 to read as follows: Sec. 254.13 Approval of exchanges; notice of decision. * * * * * (b) For a period of 45 days after the date of publication of a notice of the availability of a decision to approve or disapprove an exchange proposal, the decision shall be subject to appeal as provided under 36 CFR part 215 or, for eligible parties, under 36 CFR part 251, subpart C. 4. Revise paragraph (b)(6) of Sec. 254.14 to read as follows: Sec. 254.14 Exchange agreement. * * * * * (b) * * * (6) In the event of an appeal under 36 CFR part 215 or 36 CFR part 251, subpart C, a decision to approve an exchange proposal pursuant to Sec. 254.13 of this subpart is upheld; and * * * * * Dated: April 2, 1999. Sandra Key, Acting Associate Chief. [FR Doc. 99-12048 Filed 5-12-99; 8:45 am] BILLING CODE 3410-11-M