[Federal Register: May 26, 2006 (Volume 71, Number 102)]
[Notices]
[Page 30375-30376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my06-45]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC44
Notice of Proposed Native Plant Material Policy, Forest Service
Manual (FSM) 2070
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed directive; request for comment.
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SUMMARY: The Forest Service is proposing to establish a new directive
to Forest Service Manual (FSM) 2070 for native plant materials, which
will provide direction for the use, growth, development, and storage of
native plant materials. Public comment is invited and will be
considered in development of the final directive. A copy of the
proposed directive is available at http://www.fs.fed.us/rangelands/whoweare/documents/FSM2070_Final_2_062905.pdf
.
DATES: Comments must be received in writing by July 25, 2006.
ADDRESSES: Send written comments via the U.S. Postal Service to; Native
Plant Materials Proposed Directive, Rangeland Management Staff, MAIL
STOP 1103, Forest Service, USDA, 1400 Independence Avenue, SW.,
Washington, DC 20250, or by facsimile to (202) 205-1096 or by e-mail to
nativeplant@fs.fed.us. If comments are sent via facsimile or e-mail,
the public is asked not to submit duplicate written comments by mail.
Please confine comments to issues pertinent to the proposed directive
and explain the reasons for any recommended changes. All comments,
including names and addresses when provided, are placed in the record
and are available for public inspection and copying at 201 14th Street,
SW., Washington, DC, during regular business hours, 8:30 a.m. to 4:30
p.m., Monday through Friday, except holidays. Persons wishing to
inspect the comments are encouraged to call in advance to Brian Boyd,
(202) 205-1496 to facilitate entrance into the building.
FOR FURTHER INFORMATION CONTACT: Larry Stritch, Rangeland Management
Staff, USDA Forest Service, Mailstop 1103, 1400 Independence Avenue,
SW., Washington, DC 20250, (202) 205-1279.
SUPPLEMENTARY INFORMATION: Title 36 CFR 219.10(b) states: ``The overall
goal of the ecological element of sustainability is to provide a
framework to contribute to sustaining native ecological systems by
providing ecological conditions to support diversity of native plant
and animal species in the plan area.'' Executive Order 13112 (February
3, 1999, sec. 2(a)(2)(IV)) on invasive species states the agencies will
``provide for restoration of native species and habitat conditions in
ecosystems that have been invaded [by non-native species].'' In
accordance with the executive order and regulation, the Forest Service
is developing a new proposed directive to Forest Service Manual (FSM)
2070, Native Plant Materials, which addresses the uses of native plant
materials in the revegetation, restoration, and rehabilitation of
National Forest System lands in order to achieve the Agency's goal of
providing for the diversity of plant and animal communities. The
proposed policy would direct collaboration with federal, State, and
local government entities and the public to develop and implement a
program for native plant materials for use in revegetation,
restoration, and rehabilitation.
In proposing this new policy, the Forest Service's goal is to
promote the use of native plant materials in revegetation for
restoration and rehabilitation in order to manage and conserve
terrestrial and aquatic biological diversity. The proposed policy
defines a native plant as: All indigenous terrestrial and aquatic plant
species that evolved naturally in an ecosystem. The proposed policy
also requires the use of best available information to choose
ecologically adapted plant materials for the site and situation.
Further, the proposed policy states that native plants are to be used
when timely natural regeneration of the native plant community is not
likely to occur; native plant materials are the first choice in
revegatation for restoration and rehabilitation efforts. Nonnative,
non-invasive plant species may be used when needed: (1) In emergency
conditions to protect basic resource values such as soil stability and
water quality; (2) as an interim, non-persistent measure designed to
aid in new establishment of native plants (unless natural soil, water
and biotic conditions have been permanently altered); (3) native plant
species are not available; and (4) when working in permanently altered
plant communities. Under no circumstances will nonnative invasive plant
species be used.
When the proposed policy is issued as final, the Forest Service
will: (1) Undertake a comprehensive assessment of needs (type and
amount) for native plant materials; (2) invest in a long-term
commitment to research and development, education, and technology
transfer for native plant materials; (3) expand efforts to increase the
availability of native plant materials; and (4) collaborate with other
federal agencies; tribal, State, and local governments; academic
institutions; and the private sector.
[[Page 30376]]
Regulatory Certifications
Regulatory Impact
This proposed directive has been reviewed under USDA procedures and
Executive Order 12866 (September 30, 1993) on regulatory planning and
review. It has been determined that this is not a significant action.
This proposed action to provide agency direction 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 or local governments. This proposed action would
not interfere with an action taken or planned by another agency nor
raise new legal or policy issues. Finally, this proposed action would
not alter the budgetary impact of entitlements, grants, user fees, or
loan programs or the rights and obligations of recipients program.
Accordingly, this proposed action is not subject to Office of
Management and Budget review under Executive Order 12866.
Environmental Impact
These proposed additions to Forest Service Manual (FSM) 2070 would
address the use of native plant materials in revegetation,
rehabilitation, and restoration projects; and when nonnative,
noninvasive species may be used. Section 31.1b of Forest Service
Handbook (FSH) 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
Agency's preliminary assessment is that this proposed action falls
within this category of actions, and that no extraordinary
circumstances exist as currently defined which would require
preparation of an environmental impact statement or environmental
assessment. A final determination will be made upon adoption of the
final directive.
Federalism
The agency has considered this proposed directive under the
requirements of Executive Order 13132 (August 4, 1999) on federalism.
The agency has made an assessment that the proposed directive 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 Agency concludes that the proposed directive does not
have federalism implications.
Consultation and Coordination With Indian Tribal Governments
This proposed directive has been reviewed under Executive Order
13175 (November 6, 2000) on consultation and coordination with Indian
tribal governments. This proposed directive does not have substantial
direct effects on one or more 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. Nor does this proposed directive impose
substantial direct compliance costs on Indian tribal governments or
preempt tribal law. Therefore, it has been determined that this
proposed directive does not have tribal implications requiring advance
consultation with Indian tribes.
No Takings Implications
This proposed directive has been analyzed in accordance with the
principles and criteria contained in Executive Order 12630 (March 15,
1998) on governmental actions and interference with constitutionally
protected property rights. It has been determined that the proposed
directive does not pose the risk of a taking of constitutionally
protected private property.
Civil Justice Reform Act
This proposed action has been reviewed under Executive Order 12988
(February 7, 1996) on civil justice reform. If this proposed directive
were adopted: (1) All State and local laws and regulations that are in
conflict with this proposed directive or which would impede its full
implementation would be preempted; (2) no retroactive effect would be
given to this proposed directive; and (3) it would not require
administrative proceedings before parties may file suit in court
challenging its provisions.
Energy Effects
This proposed directive has been reviewed under Executive Order
13211 (May 18, 2001) on actions concerning regulations that
significantly affect energy supply, distribution, or use. It has been
determined that this proposed directive does not constitute a
significant energy action as defined in the Executive Order.
Controlling Paperwork Burdens on the Public
This proposed directive does not contain any additional
recordkeeping or reporting requirements associated with onshore oil and
gas exploration and development or other information collection
requirements as defined in Title 5 Code of Federal Regulations (CFR),
part 1320. 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.
Dated: May 16, 2006
Dale N. Bosworth,
Chief, Forest Service.
[FR Doc. E6-8136 Filed 5-25-06; 8:45 am]
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