[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27103]



[[Page 79463]]

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DEPARTMENT OF AGRICULTURE

Forest Service


Forest Service Manual 2740; Forest Service Handbook 2709.11, 
Chapter 50; Special Uses Management, Vegetation Management Pilot 
Projects; Special Uses Handbook--Standard Forms and Supplemental 
Clauses

AGENCY: Forest Service, USDA.

ACTION: Issuance of Proposed Directives; notice of availability for 
public comment.

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SUMMARY: The United States Department of Agriculture (USDA), Forest 
Service, is seeking public comment on proposed directives implementing 
section 8630 of the Agriculture Improvement Act of 2018 (2018 Farm 
Bill). Section 8630 of the 2018 Farm Bill gives the Forest Service 
discretion to issue permits for conducting vegetation management pilot 
projects under lower liability standards to holders of an authorization 
for a powerline facility or natural gas pipeline on National Forest 
System (NFS) lands. These pilot projects may be conducted only on NFS 
lands that are not covered by the special use authorization for the 
powerline facility or natural gas pipeline.

DATES: Comments must be received in writing by January 11, 2021.

ADDRESSES: The proposed directives are available at, and comments may 
be submitted electronically to, https://cara.ecosystem-management.org/Public/CommentInput?project=ORMS-2717. Comments may be mailed to 
Gregory C. Smith, Director, Lands and Realty Management, 1400 
Independence Avenue SW, Washington, DC 20250-1124. All timely comments, 
including names and addresses, will be placed in the record and will be 
available for public inspection and copying. The public may inspect 
comments received at https://cara.ecosystem-management.org/Public/ReadingRoom?project=ORMS-2717.

FOR FURTHER INFORMATION CONTACT: Reggie Woodruff, Lands and Realty 
Management, at 202-205-1196 or <a href="/cdn-cgi/l/email-protection#92e0f7f5fbfcf3febce5fdfdf6e0e7f4f4d2e7e1f6f3bcf5fde4"><span class="__cf_email__" data-cfemail="a7d5c2c0cec9c6cb89d0c8c8c3d5d2c1c1e7d2d4c3c689c0c8d1">[email protected]</span></a>. Individuals 
who use telecommunication devices for the deaf may call the Federal 
Relay Service at 800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern 
Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: Section 8630 of the 2018 Farm Bill gives the 
Forest Service discretion to issue permits for conducting vegetation 
management pilot projects under lower liability standards to holders of 
an authorization for a powerline facility or natural gas pipeline. 
These pilot projects may be conducted only on NFS lands that are not 
covered by the special use authorization for the powerline facility or 
natural gas pipeline. Pilot projects must be conducted outside the 
linear right-of-way for the associated powerline facility or natural 
gas pipeline; may not extend more than 150 feet from either side of the 
powerline facility or natural gas pipeline; and may not have a total 
width of more than 200 feet including both sides of the powerline 
facility or natural gas pipeline. In addition, pilot projects may not 
overlap with vegetation management conducted under the special use 
authorization for the powerline facility or natural gas pipeline, 
including removal and pruning of hazard trees outside the linear right-
of-way for a powerline facility. The liability provisions in a special 
use permit for a pilot project have no effect on the liability 
provisions in the special use authorization for the powerline facility 
or natural gas pipeline, including the liability provisions that apply 
to removal and pruning of hazard trees inside and outside the linear 
right-of-way.
    The proposed directive at Forest Service Manual 2700, Special Uses 
Management, Chapter 40, Vegetation Management Pilot Projects, and 
proposed new clause B-39 in Forest Service Handbook 2709.11, Chapter 
50, section 52.2, would provide for authorizing vegetation management 
pilot projects consistent with section 8630 of the 2018 Farm Bill and 
Title V of the Federal Land Policy and Management Act, section 28 of 
the Mineral Leasing Act, and their implementing regulations. The Forest 
Service has determined that two provisions in the proposed directives 
would formulate standards, criteria, and guidelines applicable to a 
Forest Service program, specifically, providing for use of form FS-
2700-4 for pilot project permits and the criteria for determining the 
maximum dollar amount of fire suppression costs a holder must reimburse 
the Forest Service for a wildfire caused by the holder's operations 
under a pilot project permit. Therefore, the Forest Service is 
publishing those proposed provisions for public comment in accordance 
with 36 CFR part 216. The remainder of the proposed directives is not 
subject to public notice and comment because it merely implements 
statutory provisions that the Forest Service lacks discretion to 
interpret and therefore does not formulate standards, criteria, and 
guidelines applicable to FS programs.
    After the public comment period closes, the Forest Service will 
consider timely and relevant comments in developing the final 
directives. A notice of the final directives, including a response to 
timely and relevant comments, will be posted on the Forest Service's 
web page at https://www.fs.fed.us/about-agency/regulations-policies/comment-on-directives.

Christine Dawe,
Acting Associate Deputy Chief, National Forest System.
[FR Doc. 2020-27103 Filed 12-9-20; 8:45 am]
BILLING CODE 3411-15-P


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