Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Proposed Rules 27555

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 219

National Forest System Land and

Resource Management Planning;

Extension of Compliance Deadline

AGENCY: Forest Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Department is proposing

to extend for one year the date specified

in 36 CFR 219.35(b) by which all land

and resource management plan

amendments and revisions would be

subject to the new planning regulations

adopted November 9, 2000. The

Department has determined that the

Forest Service is not sufficiently

prepared to fully implement the rule

agencywide. Without relief from the

dates established in 36 CFR 219.35(b),

the agency will experience serious

disruption in its planning processes

with attendant confusion of employees

and the public. Such disruption and

confusion would be contrary to the

public interest. In addition, serious

concerns have arisen regarding some of

the provisions of the new planning rule,

and an extension of the compliance date

will allow the Department to review

these provisions carefully and to

identify any adjustments that may be

necessary.

In addition to this proposed rule, the

Department is also adopting an interim

final rule to immediately extend the

compliance date in 36 CFR 219.35(b) to

May 9, 2002. This interim final rule,

published elsewhere in this part of

today’s Federal Register, will remain in

effect until the Department adopts a

final rule following receipt and

consideration of comments on this

proposed rule.

DATES: Comments must be received in

writing by July 16, 2001.

ADDRESSES: Send written comments to

Content Analysis Team, USDA Forest

Service Attention: NFMA Planning

Regulations Proposed Extension, 200

East Broadway, Room 301, P.O. Box

7669, Missoula, MT 59807. Send e-mail

comments to

mailroom_wo_caet@fs.fed.us and

indicate ‘‘Planning Rule Extension’’ in

the subject line.

FOR FURTHER INFORMATION CONTACT:

Dave Barone, Planning Specialist, Forest

Service, USDA; Telephone (202) 205–

1019.

SUPPLEMENTARY INFORMATION: On

November 9, 2000, the Secretary of

Agriculture adopted a final rule, which

revised the land and resource

management planning rules at 36 CFR

part 219 (65 FR 67514). The new rule

established requirements for the

implementation, monitoring, evaluation,

amendment, and revision of land and

resource management plans. Under the

requirements of § 219.35, all

amendments and revisions to land and

resource management plans must be

prepared pursuant to the new planning

rules, unless those amendments and

revisions were initiated before

November 9, 2000, and a notice of

availability of the required

environmental disclosure document

(that is, a draft environmental impact

statement or an environmental

assessment) is published before May 9,

2001.

The Need for Extension

Approximately 34 forests are

currently revising land and resource

management plans under the 1982

planning regulations (47 FR 43026,

September 30, 1982) as amended (48 FR

29122; June 24, 1983 and 48 FR 40383;

September 7, 1983). About 20 of these

forests have conducted extensive public

involvement activities under the 1982

planning regulations, but are not able to

complete the necessary environmental

disclosure documents by May 9, 2001.

The new planning regulations require

substantially different analyses to be

completed prior to initiating revisions

and engaging the public in the revision

process. The November 2000 regulations

also require different procedures for

collaborating with the public in the

revision process. Unless the May 9,

2001, date is extended, these ongoing

revision efforts must be halted, and

these forests then will have to re-engage

the public using the different

procedures and analyses of the new

rule. The Department believes the

resulting confusion, disruption of the

agency’s programs, and additional

expenditure of public funds are

unreasonable, unnecessary, and

contrary to the public interest.

Another immediate concern is that

many forests need to amend their land

and resource management plans within

the next few months to implement sitespecific projects that support the

objectives of the National Fire Plan,

which was developed in response to the

catastrophic wildfires of last summer.

These projects include activities to

reduce high-hazard fuels near urban and

suburban areas and to restore and

rehabilitate areas burned last year.

Because the new regulations are less

well understood, and, in some respects,

more complicated than the 1982

regulations, the Department is

concerned that it may not be possible

for forests to complete the necessary

amendments in time to implement those

projects before this year’s fire season

begins.

Agency Readiness To Implement New

Rule

In addition to the foregoing pressing

concerns, the Department has

determined that, despite diligent efforts,

the Forest Service is not sufficiently

prepared to fully implement the new

planning rule agencywide. Many

employees, retirees, elected officials,

and representatives of external

organizations interested in National

Forest System management have

expressed serious concerns to the new

Administration regarding the agency’s

ability to implement some of the

provisions of the new planning rule,

such as ecological sustainability and

species viability. The agency’s ability to

promptly implement the planning

regulations has also been called into

question through pending litigation. A

coalition of environmental organizations

(Citizens for Better Forestry et al. v.

USFS (N.D. Calif.)) and a coalition of

timber and grazing interests (American

Forest Paper Association et al. v.

Veneman (D. D.C.)) have filed separate

lawsuits challenging the legality of the

new planning regulations on a variety of

grounds.

Many of the topics addressed by the

new rule are complex; many new

analytical requirements are imposed;

several new terms are incorporated into

the planning process, some with little

explanation of their meaning or use,

such as critical watersheds. As a result,

additional implementing direction, new

training programs, and new types of

technical support and skills are needed

to ensure consistent and efficient

implementation of the new rule. While

the agency has undertaken significant

efforts to develop the policies,

procedures, and training programs

needed to implement the new rule,

these tasks not only have not been

completed, but they also require

substantial additional work before they

are sufficient to guide the workforce in

implementing the new planning rule.

Accordingly, an extension of the date in

§ 219.35(b) is necessary for the agency to

complete policies, training, and tools

needed to effectively implement the

new planning rule, and for the

Department to have adequate

opportunity to review these provisions

carefully and to identify any

adjustments that may be needed.

In light of these findings, the

Department has directed the agency to

review the new planning rule and

27556 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Proposed Rules

recommend ways to address these and

any other concerns. If the agency

determines that additional revisions are

needed, a second proposed rule

incorporating the recommended

changes will be published in the

Federal Register for public comment at

a later date. Given the liklihood of

additional change to the November 2000

rule, it would be unreasonable to halt

amendments and revisions already

begun under the 1982 rule, resume

those efforts under the new procedures

of the November 2000 regulations, and

then change the process again if

revisions to the new rule are

subsequently proposed and adopted.

Option To Implement New Rule

While most units are not prepared to

fully implement the November 2000

rule, this proposed rule would not

prohibit forests from preparing

amendments or revisions of land and

resource management plans under the

November 2000 rule. In fact, there are

several forests that have begun revisions

to their land and resource management

plans under the November 2000 rule,

and these planning efforts may provide

valuable information about

implementing the new rule.

Conclusion

For the reasons identified in this

preamble, the Department is proposing

to extend the date by which land and

resource management plan amendments

or revisions must comply with the

November 2000 planning rule. In

§ 219.35(b), the date is proposed to be

extended from May 9, 2001, to May 9,

2002. In addition to this extension, this

proposed rule would include at

§ 219.35(b) the interpretation of the term

‘‘initiated’’ as published in an

interpretive rule on January 10, 2001 (66

FR 1864) to clarify this term as it applies

to amendments or revisions initiated

prior to May 9, 2002. The proposed

changes to § 219.35(b) are also fully

consistent with the other provisions of

the interpretive rule.

This proposed rule is necessary to

grant relief to the approximately 20

units that have begun plan revisions

under the 1982 regulations but could

not meet the May 9, 2001, deadline. The

proposed rule is also needed to facilitate

timely implementation of site-specific

projects that support the National Fire

Plan. The Department is simultaneously

publishing this extension in an interim

final rule effective immediately.

Nevertheless, the Department also

believes the public should have an

opportunity to comment on the

modification of § 219.35(b) which

would extend the period during which

the 1982 planning rule could be used.

Regulatory Certification

Regulatory Impact

This is not a significant rule. This

proposed rule will not have an annual

effect of $100 million or more on the

economy, or adversely affect

productivity, competition, jobs, the

environment, public health or safety, or

State or local governments. This

proposed rule will not interfere with an

action taken or planned by another

agency, or raise new legal or policy

issues. Finally, this proposed rule will

not alter the budgetary impacts of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients of such programs.

Accordingly, this proposed rule is not

subject to Office of Management and

Budget (OMB) review under Executive

Order 12866. Moreover, this proposed

rule has been considered in light of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). This proposed rule will not

have a significant economic impact on

a substantial number of small entities as

defined by the Act. This proposed rule

will not impose recordkeeping

requirements; will not affect their

competitive position in relation to large

entities; and will not affect their cash

flow, liquidity, or ability to remain in

the market.

Environmental Impact

This proposed rule has no direct or

indirect effect on the environment, but

merely proposes to extend the date by

which amendments and revisions of

land and resource management plans

may be continued under the 1982

planning rule, as well as the date by

which plans must conform to the

November 2000 rule. The planning

regulation itself deals with the

development and adoption of Forest

Service land and resource management

plan decisions as well as procedures for

developing site-specific decisions that

may include decisions regarding the

occupancy and use of National Forest

System land. An environmental

assessment was completed on the

November 2000 planning rule, with a

finding that the rule would have no

significant impact on the environment.

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 the nature and scope of this

rulemaking and the procedural nature of

36 CFR part 219, the agency has

determined that this proposed rule falls

within this category of actions and that

no extraordinary circumstances exist

which would require preparation of an

environmental assessment or

environmental impact statement.

No Takings Implications

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

12360, and it has been determined that

the proposed rule will not pose the risk

of a taking of private property, as the

proposed rule is limited to adjustment

of the compliance date in the new

planning rule.

Civil Justice Reform

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This proposed rule (1)

does not preempt State and local laws

and regulations that conflict with or

impede its full implementation; (2) has

no retroactive effect; and (3) will not

require administrative proceedings

before parties may file suit in court

challenging its provisions.

Unfunded Mandates

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995 (2 U.S.C.

1531–1538), which the President signed

into law on March 22, 1995, the agency

has assessed the effects of this proposed

rule on State, local and tribal

governments and the private sector.

This proposed rule will not compel the

expenditure of $100 million or more by

any State, local, or tribal government or

anyone in the private sector. Therefore,

a statement under section 202 of the Act

is not required.

Federalism and Consultation and

Coordination With Tribal Governments

The Department has considered this

proposed rule under the requirements of

Executive Orders 12612 and 13132 and

concluded that the rule does not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, the

agency has determined that no further

assessment of federalism implications is

necessary at this time.

This proposed rule does not have

tribal implications as defined in

Executive Order 13175 and, therefore,

advance consultation with tribes is not

required.

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Proposed Rules 27557

Controlling Paperwork Burdens on the

Public

This proposed rule does not contain

any recordkeeping or reporting

requirements or other information

collection requirements as defined in 5

CFR part 1320. Accordingly, the review

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.) and

implementing regulations at 5 CFR part

1320 do not apply.

List of Subjects in 36 CFR Part 219

Administrative practice and

procedure, Environmental impact

statements, Indians, Intergovernmental

relations, Forest and forest products,

National forests, Natural resources,

Reporting and recordkeeping

requirements, Science and technology.

Therefore, for the reasons set forth in

the preamble, part 219 of title 36 of the

Code of Federal Regulations is proposed

to be amended as follows:

PART 219—PLANNING

Subpart A—National Forest System

Land and Resource Management

Planning

1. The authority citation for subpart A

continues to read as follows:

Authority: 5 U.S.C. 301; and Secs. 6 and

15, 90 Stat. 2949, 2952, 2958 (16 U.S.C. 1604,

1613).

2. Revise paragraph (b) of § 219.35 to

read as follows:

§ 219.35 Transition.

* * * * *

(b) Until May 9, 2002, a responsible

official may elect to continue or to

initiate new plan amendments or

revisions under the 1982 planning

regulations in effect prior to November

9, 2000 (See 36 CFR Parts 200 to 299,

Revised as of July 1, 2000), or the

responsible official may conduct the

amendment or revision process in

conformance with the provisions of this

subpart. For the purposes of this

paragraph, the reference to a plan

amendment or revision initiated before

May 9, 2002, means that the agency has

issued a Notice of Intent or other public

notification announcing the

commencement of a plan amendment or

revision as provided for in the Council

on Environmental Quality regulations at

40 CFR 1501.7 or in Forest Service

Handbook 1909.15, Environmental

Policy and Procedures Handbook,

section 11.

* * * * *

Dated: May 10, 2001.

Ann M. Veneman,

Secretary.

[FR Doc. 01–12385 Filed 5–14–01; 2:27 pm]

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