[Federal Register Volume 61, Number 221 (Thursday, November 14, 1996)]
[Notices]
[Pages 58370-58371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29211]
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DEPARTMENT OF AGRICULTURE
Land and Resource Management Planning
AGENCY: Forest Service, USDA.
ACTION: Notice of adoption of internal directives; request for comment.
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SUMMARY: After nearly 20 years experience in forest planning under the
National Forest Management Act, many of the Forest Service's planning
and analytical needs have changed. Some of the planning direction
issued in the Forest Service Manual and Forest Service Handbook to
guide agency employees has become out-of-date, overly prescriptive,
and/or burdensome. Therefore, the Forest Service has found it necessary
to issue certain amendments to Forest Service Manual Chapter 1920, Land
and Resource Management Planning; chapter 3 of Forest Service Handbook
1909.12, Land and Resource Management Planning; and chapter 40 of
Forest Service Handbook 2409.13, Timber Resource Planning Handbook.
There was an immediate need to issue these amendments because numerous
national forests have begun or will soon begin revising their initial
forest plans and because there is a need to have consistent
interpretation and application of the direction by Regional and Forest-
level personnel. The Forest Service welcomes public comment on these
amendments and will take comments under advisement to determine if any
further revisions are needed.
EFFECTIVE DATE: Amendment Numbers 1900-96-2 and 1909.12-96-2 were
issued and became effective on August 14, 1996, and amendment 2409.13-
96-2 was issued and became effective on August 15, 1996.
ADDRESSES: Single copies of these amendments are available without
charge by writing to the Director, Land Management Planning, Forest
Service, USDA, P.O. Box 96090, Washington, D.C. 20090-6090.
FOR FURTHER INFORMATION CONTACT: Jonathan Stephens, Land Management
Planning Staff, (202) 205-0948.
SUPPLEMENTARY INFORMATION: Forest Service Manual (FSM) Chapter 1920 and
Forest Service Handbook (FSH) 1909.12 contain Forest Service policy,
practice, and procedures to guide agency personnel in complying with
the Forest and Rangeland Renewable Resources Planning Act of 1974 as
amended by the National Forest Management Act of 1976 and the
implementing regulations found at 36 CFR part 219. Forest Service
Manual Chapter 1920 provides broad planning direction for line and
primary staff officers and establishes specific responsibility for
preparing forest plans and implementing, monitoring, and changing
forest plans. Forest Service Handbook 1909.12 provides detailed
procedural direction and technical guidance for carrying out the law,
regulations, and the broad direction found in the FSM.
The major changes that have been made in FSM 1920 and FSH 1909.12
relate to the implementation of benchmark analysis. The subject
amendment to FSM 1920 revised only section 1922 as adopted March 11,
1991. This section addresses how to implement benchmark analysis as
called for under 36 CFR 219.12 of the Land and Resource Management
Planning regulations. Amendment 1900-96-2 removed requirements that
have become obsolete--such as mandating the use of FORPLAN, now an
outdated computer model. The amendment also removed prescriptive
internal agency direction on what benchmarks to analyze in forest
plans. The agency will continue to follow 36 CFR 219.12 in preparing
benchmark analysis for forest planning. In addition, the amendment to
FSM 1920 removed the requirement for timber sale projections for the
year 2030. The year 2030 was the fifth decade following the initial
forest plan approvals; now that the agency is revising those forest
plans, the text has been revised to no longer refer to a fixed year.
The amendment to FSH 2409.13, Timber Resource Planning Handbook,
removed prescriptive language in Chapter 40 that relates to development
of the timber sale schedule. This direction is superfluous since 36 CFR
219.16 requires a timber sale schedule for each planning alternative.
While these amendments are not in the agency's baseline for
reducing internal directives by 50 percent as directed by Executive
Order 12861, these amendments are very much consistent with the
purposes of that order in that they remove obsolete or burdensome
requirements.
The Forest Service welcomes any comment that interested persons or
groups wish to make and will consider whether any additional changes
are necessary based on comments received.
Environmental Impact
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180;
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
instructions.'' Based on consideration of the nature and scope of this
policy, the Forest Service has determined that this policy falls within
this category of actions and that no extraordinary circumstances exist
which would require preparation
[[Page 58371]]
of an environmental assessment or environmental impact statement.
Controlling Paperwork Burdens on the Public
This internal directive does not establish or revise any
recordkeeping or reporting requirements or other information collection
requirements as defined in 5 CFR part 1320 and, therefore, imposes no
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and
implementing regulations at 5 CFR 1320 do not apply.
Regulatory Impact
This notice has been reviewed under USDA procedures pursuant to
Executive Order 12866 on Regulatory Planning and Review, and it has
been determined that this notice is not significant as defined by the
Executive Order.
These directive revisions remove burdensome, unnecessary, and
obsolete guidance to Forest Service employees on conducting benchmark
analysis in the forest plan revision process. The result is a savings
in time and money with no diminution in the quality and usefulness of
planning data. Benchmark analysis still must be performed. However,
planning teams will now rely directly on the requirements of the
planning rule. The net result is to provide planning teams more
flexibility to tailor analysis to address issues associated with forest
plan revisions in the most cost effective and relevant manner. These
revisions to agency planning direction will not have an annual effect
on the economy of $100 million nor adversely affect productivity,
competition, jobs, the environment, public health or safety, nor State
or local governments. This internal agency guidance 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 entitlement, grants, user fees, or loan programs or the
rights and obligations of recipients of such programs.
Moreover, this policy has been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), and it is hereby
certified that this action will not have a significant economic impact
on a substantial number of small entities as defined by that Act. The
effect of this directive is to remove out-of-date and burdensome
analytical requirements in land and resource management planning. It
has no effect on small entities or their ability to obtain, understand,
or respond to planning data.
No Takings Implications
This notice concerns planning activities engaged in by the Forest
Service involving National Forest lands and is thus exempt from
consideration for takings implications under Section 2(c)(4) of
Executive Order 12630 and Section II(B)(4) of the Attorney General's
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
which the President signed into law on March 22, 1995, the Department
has assessed the effect of this rule on State, local, and tribal
governments and the private sector. This policy 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.
Dated: October 1, 1996.
Mark A. Reimers,
Acting Chief.
[FR Doc. 96-29211 Filed 11-13-96; 8:45 am]
BILLING CODE 3410-11-M
