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<br />72770
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<br />Federal Register / Vol. 67, No, 235/Friday, December 6. 2002/ Proposed Rules
<br />
<br />DEPARTMENT OF AGRICULTURE
<br />
<br />Forest Service
<br />
<br />36 CFR Part 219
<br />RIN D596-AABB6
<br />
<br />'\
<br />
<br />NaUonal Forest System Land and
<br />Resource Management Planning
<br />AGENCY: Forest Service, USDA.
<br />ACTION: Proposed rule.
<br />SUMMARY: The Forest Service is
<br />proposing changes to the National
<br />Forest System Land and Resource
<br />Manage~ent Planning Rule adopted
<br />November g, 2000. These proposed
<br />changes are a result of a review
<br />conducted by Forest Service personnel
<br />at the direction of the Office of the
<br />Secretarv. The review affirmed much of
<br />the 2000 rule and the underlying
<br />concepts of sustainabihty, monitoring.
<br />evaluation, collaboration, and use of
<br />science. Although the 2000 rule was
<br />intended to Simplify and streamline the
<br />development and amendment of land
<br />and resource management plans, Ihe
<br />review concluded that the 2000 rule is
<br />neither straightforward nUl tJd:J) lU
<br />i..!!D.P3~1~1~nl. The rev Ie,,\' alsu [vLlHd lflat
<br />the rule did not clarify the
<br />programmatic nature of land and
<br />resource management planning. This
<br />proposed rule is intended to improve
<br />upon the 2000 rule by providing a
<br />planning process which is more readily
<br />understood, is within the agency's
<br />capability to iniplemenl, IS WIthin
<br />anticipated bllrlgp.t!': and staffing~s,
<br />and recoQnizes the programmatic nature
<br />of pla'1lllng.
<br />DATES: Comments must be received in
<br />writing by March 6, 2003. Comments
<br />received after this dale "...ill be
<br />considered and placed in the record
<br />o ra'Cticab
<br />ADDRESSES: Send written comments to:
<br />USDA FS Planning Rule, Content
<br />Anal....sis Team 0 Box a359, Missoula.
<br />T 59 i' a emai 0
<br />pJanning_ru/e@fsfed.us; or by facsimile
<br />to Planning Rule Comments at (406)
<br />329-3556. All comments, including
<br />names and addresses when provided.
<br />are placed in the record and are
<br />aVailable for public inspection and
<br />copying. The agency cannot confirm
<br />receipt ofcoffiments. Persons wishing to
<br />inspect the comments need to call (aOl)
<br />5"17-1023 to facilitate an appointment.
<br />In addition, the Forest Service
<br />preliminary draft directives on
<br />ecological. social, and economic
<br />sustainability, the business model cost
<br />study done to estimate predicted costs
<br />to implement the 2000 and proposed
<br />
<br />
<br />rules, the Civil Rights Impact
<br />Assessment. and the cost-benefit
<br />analysis accompanying this proposed
<br />rule are expected to be posted during
<br />the comment period on the World Wide
<br />Web/lnternet at www.fsfed.uslemc!
<br />nfma. These materials, when available,
<br />also may be obtained from the Director.
<br />Ecosystem Management and
<br />Coordination Staff, Forest Service,
<br />USDA, Mail Stop 1104,1400
<br />Independence Avenue, SW,
<br />Washington, DC 20250-1104.
<br />
<br />FOR FURTHER INFORMATION CONTACT: ,ody
<br />Sutton, Content Analysis Team Program
<br />Coordinator, Forest Service, (801) 517-
<br />1023,
<br />SUPPLEMENTA.RY INFORMA.TION:
<br />
<br />Table of Contents
<br />
<br />Background
<br />The 2000 Planning Rule
<br />Subsequent Reviews of the 2000 Planning
<br />Rule
<br />PrO\'isions and Intent of the Proposed Rule
<br />. Overview
<br />. Section-by-Section Explanation of the
<br />Proposed Rule
<br />Proposed section 219.1-Purpose and
<br />applicability.
<br />Proposed section 219.2-Nalure and scope
<br />ofa land and resource management plan.
<br />Propused section 219.3-Levels of
<br />planning and planning authority.
<br />Proposed section 219.4-Decisions
<br />embodied in plans.
<br />Proposed secliull 219.5-lndicaturs of need
<br />to amend or revise a plan.
<br />Proposed section 219.6-Compliance with
<br />National Environmental Policy Act.
<br />Proposed seclion 219. 7-Amending a plan.
<br />Proposed section 2t9.8-Revising a plan.
<br />Proposed section 219.9-Developing a new
<br />plan.
<br />Proposed section 219.10-Appllcation of
<br />plan direction.
<br />Proposed section 21 9.11-Monitoring llnd
<br />evaluation.
<br />Proposed section 219.12-Collaboratlon,
<br />cooperation, and consultation.
<br />Proposed section 219.13-Suslainabilily.
<br />Options for Providing Diversity
<br />Comparison ofOplion 1 and Option 2
<br />Proposed section 219.14- The
<br />consideration of science in planning.
<br />Proposed section 219.15-Special
<br />dw:;ignations
<br />Proposed section 219.16-Determinatlon of
<br />lands a\'ailable for timber harvest and
<br />SUitable for limber production.
<br />Proposed section 219.17-Limitation on
<br />timber harvest.
<br />Proposed section 219.18-Plan
<br />documentation, maintenance, and
<br />availability.
<br />Proposed section 219.19-0bjections to
<br />new plans, plan amendments. or plan
<br />revisions.
<br />Proposed section 219.2D-AppeaJs of plan
<br />amendments in site-specific project
<br />decisions.
<br />Proposed section 2]9.2t-Nolice of plan
<br />decisions llnd effectIve dates.
<br />Propo~ed section 219.22- Transition.
<br />
<br />Proposed section 210.23-Definitions.
<br />. Conclusion
<br />Regulatory Certification:>
<br />. Regulatory lmpact
<br />. EIl\'ironmental Impacts
<br />Energy Effects
<br />Controlling Paperwork Burdens on the
<br />Public
<br />Federalism
<br />Consultation with Tribal Governments
<br />. No Takings Implications
<br />. Civil Justice Reform
<br />Unfunded Mandates
<br />List of Subjects in 36 CFR Part 219
<br />Part 219-P!anning (text of proposed rule\
<br />Tables
<br />. Table I-Section-by-Section Comparison
<br />of the 2000 Rule with the Proposed Rule
<br />. Table lI-Side-by-Side Comparison of
<br />Options for Ecological sustainability
<br />
<br />Background
<br />
<br />The Forest Service (the agency), an
<br />agency within the United States
<br />Department of Agriculture (the
<br />Department). is responsible for
<br />managing the lands and resources of the
<br />National Forest System, which include
<br />192 million acres in 44 states, Puerto
<br />Rico, and the Virgin Islands. The
<br />System is composed of 155 national
<br />forests, 20 national grasslands. 1
<br />national prairie. and other
<br />miscellaneous lands under the
<br />jurisdiction of the Secretary of
<br />Agriculture (the Secretary).
<br />The Forest and Rangeland Renewable
<br />Resources Planning Act of 1974 (88 Stat.
<br />476 et seq.), as amended by the National
<br />Forest Management Act of 1976 (NFMA)
<br />(90 Stat, 2949 et seq.; 15 U,S,c. 1501-
<br />1614), requires the Secretary to
<br />promulgate regulations under the
<br />principles of lhe Multiple-Use
<br />Sustained-Yield Act of 1960 that set out
<br />the process for the development and
<br />revision of land and resource
<br />management plans [l5 U,S,c. 1504(g)),
<br />The first planning rule. adopted in 1979,
<br />was substantially amended on
<br />September 30,1982147 FR 43025). and
<br />was amended in part on June 24, 1983
<br />(48 FR 29122), and on September 7,
<br />1983 (48 FR 40383), The 1982 rule, as
<br />amended, has guided the development,
<br />amendment, and revision of the land
<br />and resource management plans (LRMP
<br />or plans) that are now in place for all
<br />national forests and grasslands,
<br />including an initial plan recently
<br />completed for the Midewin National
<br />Tall Grass Prairie that was recently
<br />added to the National Forest System
<br />(NFS).
<br />The Forest Service has undertaken
<br />several reviews of the planning process
<br />implemented under the 1982 mle, The
<br />first review took place in 19a9, when
<br />the Forest Service. with the assistance of
<br />the Conservation Foundation,
<br />conducted a comprehensive review of
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