[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Rules and Regulations]
[Pages 25821-25822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12048]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 254
Landownership Adjustment; Land Exchanges
AGENCY: Forest Service, USDA.
ACTION: Final rule; technical amendment.
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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
