[Federal Register: March 3, 2006 (Volume 71, Number 42)]
[Rules and Regulations]
[Page 10837-10838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr06-5]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AC43
National Forest System Land Management Planning
AGENCY: Forest Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture is revising the transition
language contained in the 2005 planning rule (70 FR 1023). This final
rule modifies the transition language to allow the Tongass National
Forest to revise its land management plan either under the 2005 Rule or
the planning regulations in effect before November 9, 2000. The
preamble of this rule includes a discussion of the public comments
received on the proposed rule published January 4, 2006 (71 FR 307),
and the Department's responses to the comments.
EFFECTIVE DATE: This rule is effective March 3, 2006.
FOR FURTHER INFORMATION CONTACT: Cherie Shelley, Director, Ecosystem
Planning, Alaska Region, Forest Service, USDA at (907) 586-8887; or
Dave Barone, Planning Specialist, Ecosystem Management Coordination
Staff, Forest Service, USDA at (202) 205-1019.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2005, the Department of Agriculture published a final
planning rule (70 FR 1023) governing the development of land management
plans required by the National Forest Management Act. The 2005 planning
regulations provide for a transition period from the previous planning
regulations (1982 planning rule) to the new regulations (2005 planning
rule). Specifically, Sec. 219.14 of the 2005 planning rule allows
plans to be amended under either the 1982 planning rule or the 2005
planning rule during the transition period; however, newly initiated
revisions may only use the 2005 planning rule.
On August 5, 2005, the Ninth Circuit Court of Appeals issued a
decision in Natural Resources Defense Council v. U.S. Forest Service,
421 F.3d 797, that found defects in the 1997 Final EIS and Record of
Decision for the Tongass Land Management Plan. The court's analysis of
the 1997 forest plan was made in the context of the 1982 planning
regulations. Thus, the agency wishes to have the option of using the
1982 planning regulations during the remand. For this unique situation,
this final rule amends 36 CFR 219.14(d)(1) to allow the Tongass
National Forest land management plan to be revised using either the
1982 planning rule or the 2005 planning rule.
Summary of Public Comments and the Department's Responses
The proposed rule was published in the Federal Register on January
4, 2006, for a 30-day public comment period (71 FR 307). The Forest
Service received eight comments on the proposed rule, one from an
individual, one from an Alaska Native tribe, and six from environmental
organizations. All comments were considered in reaching a decision on
the final rule. All comments received supported the proposed rule and
encouraged the Forest Service to use the 1982 planning rule instead of
the 2005 planning rule in revising the Tongass Land Management Plan to
respond to the decision of the Ninth Circuit. The Department
appreciates the support for the proposed rule and the flexibility it
will provide. The Forest Service will decide to use either the 1982 or
2005 planning rule in revising the Tongass Land Management Plan, and
will take the comments received on the proposed rule into account in
making that decision.
Regulatory Certifications
Regulatory Impact
This final rule has been reviewed under USDA procedures and
Executive Order 12866, Regulatory Planning and Review. It has been
determined that this is not a significant rule. This rule will not have
an annual effect of $100 million or more on the economy nor adversely
affect productivity, competition, jobs, the environment, public health
or safety, nor State or local governments. This rule will not interfere
with an action taken or planned by another agency nor raise new legal
or policy issues. Finally, this action will not alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients of such programs. Accordingly,
this final rule is not subject to Office of Management and Budget
review under Executive Order 12866.
Proper Consideration of Small Entities
This final rule has been considered in light of Executive Order
13272 regarding proper consideration of small entities and the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which
amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The
final rule makes a technical change to the transition language of the
2005 planning rule, to allow the Tongass National Forest to use either
the current planning regulations or the regulations in effect before
November 9, 2000, for its next land management plan revision. An
initial small entities flexibility assessment has been made, which
indicates that the final rule will impose no additional requirements on
the affected public, which includes small businesses, small not-for-
profit organizations, or small units of government. Accordingly, it has
been determined that this final rule will not have a significant
economic impact on a substantial number of small entities as defined by
SBREFA.
No Environmental Impact
This final rule allows the Tongass National Forest to use either
the existing planning regulations or the planning regulations in effect
before November 9, 2000, for the next revision of its land management
plan to respond to the court's order. As such, the final rule has no
direct and immediate effects regarding the occupancy and actual use of
the Tongass National Forest. Section 31.12 (2) of Forest Service
Handbook 1909.15 (57 FR 43168; September 18, 1992) excludes from
documentation in an environmental assessment or impact statement
``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes, or instruction.'' The
2005 planning regulations are a Service-wide program process. The
Department's assessment is that this rule falls within this category of
actions and that no extraordinary circumstances exist which would
require preparation of an environmental assessment or an environmental
impact statement.
Energy Effects
This final rule has been reviewed under Executive Order 13211 of
May 18, 2001, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. It has been determined that this
rule does not constitute a significant energy action as defined in the
Executive order. Procedural in nature, this final rule allows the
Tongass National Forest to use either the regulations currently in
[[Page 10838]]
place or the planning regulations in effect before November 9, 2000,
for the next revision of its land management plan to respond to the
court's order. This plan is a programmatic document that provides
guidance and information for future project-level resource management
decisions. The revised plan may designate major rights-of-way corridors
for utility transmission lines, pipelines, and water canals. The
effects of such designations on energy supply, distribution, or use
will be considered at the time such designations are proposed.
Controlling Paperwork Burdens on the Public
This final rule 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 or not
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.
Federalism
The Department has considered this final rule under the
requirements of Executive Order 13132, Federalism. The Department has
made an assessment that the rule conforms with the Federalism
principles set out in this Executive order; would not impose any
compliance costs on the States; and would not have substantial direct
effects on the States, on the relationship between the national
government and the States, nor on the distribution of power and
responsibilities among the various levels of government. Therefore, the
Department concludes that the final rule does not have Federalism
implications.
Consultation With Tribal Governments
This final rule does not have tribal implications as defined in
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, and, therefore, advance consultation with tribes is not
required.
No Takings Implications
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12630, and it has been
determined that the rule does not pose the risk of a taking of private
property. This final rule only allows the Tongass National Forest to
use either the existing planning regulations or the regulations in
effect before November 9, 2000, for its next plan revision.
Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The Department has not identified any State or
local laws or regulations that are in conflict with this regulation or
that would impede full implementation of this rule. After adoption of
this final rule: (1) All State and local laws or regulations that
conflict with this rule or that would impede full implementation would
be preempted; (2) no retroactive effect would be given to this final
rule; and (3) the final rule 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), which the President signed into law on March 22,
1995, the Department has assessed the effects of this final rule on
State, local, and Tribal governments and the private sector. This final
rule does not compel the expenditure of $100 million or more by any
State, local, or Tribal governments or anyone in the private sector.
Therefore, a statement under section 202 of the act is not required.
List of Subjects in 36 CFR Part 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, Forest and forest
products, National forests, Natural resources, Reporting and
recordkeeping requirements, Science and technology.
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Therefore, for the reasons set forth in the preamble, the Department of
Agriculture amends subpart A of part 219 of title 36 of the Code of
Federal Regulations as follows:
PART 219--PLANNING
Subpart A--National Forest System Land Management Planning
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1. The authority citation for subpart A continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.
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2. Amend Sec. 219.14 by revising paragraph (d)(1) to read as follows:
Sec. 219.14 Effective dates and transition.
* * * * *
(d)(1) Plan development and plan revisions initiated after January
5, 2005 must conform to the requirements of this subpart, except that
the plan for the Tongass National Forest may be revised once under this
subpart or the planning regulations in effect before November 9, 2000.
* * * * *
Dated: February 22, 2006.
David P. Tenny,
Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 06-2021 Filed 3-2-06; 8:45 am]
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