1022 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE

Forest Service 

36 CFR Part 219

RIN 0596–AB86

National Forest System Land and 

Resource Management Planning; 

Removal of 2000 Planning Rule

AGENCY: Forest Service, USDA.

ACTION: Final rule.

SUMMARY: The Department of 

Agriculture is issuing a final rule to 

remove the November 9, 2000, National 

Forest System Land and Resource 

Management Planning regulations at 

Title 36, Code of Federal Regulations, 

part 219, subpart A, in their entirety. 

Subsequent to the publication of the 

2000 planning rule, several amendments 

were published to revise certain 

sections of the rule and to provide for 

transition to the 2000 rule. This action 

to remove the 2000 rule is being taken 

before the adoption of the new 2004 

planning rule to clarify and avoid any 

confusion about which planning 

regulations the Department intends to 

be used to implement the National 

Forest Management Act of 1976. 

Elsewhere in this part of today’s Federal 

Register, the Department is 

simultaneously publishing another final 

rule to add the new (2004) planning 

regulations at 36 CFR part 219, subpart 

A.

EFFECTIVE DATE: This rule is effective 

January 5, 2005.

FOR FURTHER INFORMATION CONTACT:

Dave Barone, Planning Specialist, 

Ecosystem Management Coordination 

Staff, Forest Service, USDA at (202) 

205–1019.

SUPPLEMENTARY INFORMATION:

Background 

On November 9, 2000 (65 FR 67514), 

the Department adopted planning 

regulations for the National Forest 

System at 36 CFR part 219, subpart A 

(65 FR 67514). Despite the positive 

aspects of the 2000 rule, however, the 

number of very detailed analytical 

requirements, the lack of clarity 

regarding many of the requirements, the 

lack of flexibility, and the lack of 

recognition of the limits of agency 

budgets and personnel led to a 

reconsideration of this rule in the spring 

of 2001. After careful review of concerns 

expressed internally and externally 

about this 2000 planning rule, the 

Department requested the Forest Service 

to develop a proposed planning rule to 

revise the 2000 rule. A proposed 

planning rule was published for public 

notice and comment on December 6, 

2002 (67 FR 72770). 

Transition language at § 219.35(b) of 

the 2000 rule was revised on May 17, 

2001 (66 FR 27552), and again on May 

20, 2002 (67 FR 35431), to allow a 

responsible official to elect to continue 

or to initiate new plan amendments or 

revisions under the planning regulations 

in effect prior to November 9, 2000 (see

36 CFR parts 200 to 299, revised as of 

July 1, 2000), or to conduct the 

amendment or revision process in 

conformance with the provisions of the 

2000 rule. To date, no unit of the 

National Forest System has elected to 

use the 2000 planning rule for plan 

amendments or revisions. All plan 

amendments and revisions have been 

made under the provisions of the 

planning regulations in effect prior to 

November 9, 2000.

Transition language at § 219.35(d) of 

the 2000 rule was revised by the interim 

final rule published on September 10, 

2003 (68 FR 53294) to extend the date 

by which site-specific decisions made 

by the responsible official must conform 

with provisions of the 2000 planning 

rule from November 9, 2003, until the 

Department promulgates the final 

planning regulations published as 

proposed on December 6, 2002 (67 FR 

72770). The Department is promulgating 

these final planning regulations in the 

final rule to 36 CFR part 219, subpart A, 

published simultaneously elsewhere in 

this part of today’s Federal Register. 

The final planning rule added today 

at 36 CFR part 219, subpart A, and 

published elsewhere in this part of 

today’s Federal Register, has new 

transition language that clearly 

describes the Department’s intent on 

when the new 2004 planning 

regulations must be used and when 

regulations published previously at 36 

CFR part 219, subpart A, may be used. 

Furthermore, in order to avoid any 

possible confusion within the Forest 

Service, other agencies, and the public 

regarding which revision of the 

planning regulations should be 

followed, the Department has 

determined that removing the November 

2000 planning regulations in their 

entirety is necessary. 

Regulatory Certifications 

Regulatory Impact 

This final rule has been reviewed 

under USDA procedures and Executive 

Order (E.O.) 12866, Regulatory Planning 

and Review. It has been determined that 

this is not an economically significant 

rule. This rule would not have an 

annual effect of $100 million or more on 

the economy nor adversely affect 

productivity, competition, jobs, the 

environment, public health or safety, 

nor State or local governments. This 

final rule would not interfere with an 

action taken or planned by another 

agency nor raise new legal or policy 

issues. Finally, this rule would not alter 

the budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of recipients of 

such programs. 

Moreover, this final rule has been 

considered in light of Executive Order 

13272 regarding proper consideration of 

small entities and the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), which amended the 

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

et seq.). No direct or indirect financial 

impact on small businesses or other 

entities has been identified. Therefore, it 

is hereby certified that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities as defined by the act. 

Environmental Impact 

This final rule has no direct or 

indirect effect on the environment and 

is merely procedural in nature to clarify 

that the planning rule adopted by the 

Department on November 9, 2000, and 

all of its requirements and provisions, is 

being removed in its entirety from 36 

CFR part 219, subpart A, prior to the 

adoption of the new 2004 final planning 

rule at 36 CFR part 219, subpart A, 

which is published simultaneously 

elsewhere in this part of today’s Federal 

Register. Section 31.1b of Forest Service 

Handbook 1909.15 (57 FR 43168; 

September 18, 1992) excludes from 

documentation in an environmental 

assessment or environmental impact 

statement ‘‘rules, regulations, or policies 

to establish Service-wide administrative 

procedures, program processes, or 

instruction.’’ Based upon the scope of 

this rulemaking and its procedural 

nature, the Department has determined 

that this final rule falls within this 

category of actions and that no 

extraordinary circumstances exist which 

would require preparation of an 

environmental assessment or an 

environmental impact statement. 

No Takings Implications 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

12360, and it has been determined that 

it would not pose the risk of a taking of 

private property, as this final rule is 

limited to the establishment of 

administrative procedures. 

Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Rules and Regulations 1023

Energy Effects 

This final rule has been analyzed 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. It has been 

determined that this rule does not 

constitute a significant energy action as 

defined in the Executive order. 

Civil Justice Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. The Department has not 

identified any State or local laws or 

regulations that are in conflict with or 

that would impede full implementation 

of this rule. 

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 

Department has assessed the effects of 

this final rule on State, local, and Tribal 

governments and on the private sector. 

This rule does 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 

The Department has considered this 

final rule under the requirements of 

Executive Order 13132, Federalism. The 

Department has made an assessment 

that this rule conforms with the 

federalism principles set out in this 

Executive order; would not impose any 

significant compliance costs on the 

States; and would 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 

Department concludes that this rule 

does not have federalism implications. 

Consultation and Coordination with 

Indian Tribal Governments 

This final rule does not have Tribal 

implications as defined by Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, and, therefore, advance 

consultation with Tribes is not required. 

Controlling Paperwork Burdens on the 

Public 

This final rule does not contain any 

record keeping 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 part 

1320 do not apply. 

Government Paperwork Elimination Act 

Compliance 

The Department is committed to 

compliance with the Government 

Paperwork Elimination Act (44 U.S.C. 

3504), which requires Government 

agencies to provide the public the 

option of submitting information or 

transacting business electronically to 

the maximum extent possible.

List of Subjects in 36 CFR 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, amend chapter II of title 36 

of the Code of Federal Regulations as 

follows:

PART 219—PLANNING

Subpart A—[Removed and Reserved]

■ 1. In part 219, remove and reserve 

subpart A.

Dated: December 22, 2004. 

Mark Rey, 

Under Secretary, Natural Resources and 

Environment.

[FR Doc. 05–20 Filed 1–4–05; 8:45 am] 

BILLING CODE 3410–11–P

DEPARTMENT OF AGRICULTURE

Forest Service 

36 CFR Part 219

RIN 0596–AB86

National Forest System Land 

Management Planning

AGENCY: Forest Service, USDA.

ACTION: Final rule.

SUMMARY: This final rule describes the 

National Forest System land 

management planning framework; 

establishes requirements for 

sustainability of social, economic, and 

ecological systems and developing, 

amending, revising, and monitoring 

land management plans; and clarifies 

that land management plans under this 

final rule, absent extraordinary 

circumstances, are strategic in nature 

and are one stage in an adaptive cycle 

of planning for management of National 

Forest System lands. The intended 

effects of the final rule are to streamline 

and improve the planning process by 

making plans more adaptable to changes 

in social, economic, and environmental 

conditions; to strengthen the role of 

science in planning; to strengthen 

collaborative relationships with the 

public and other governmental entities; 

and to reaffirm the principle of 

sustainable management consistent with 

the Multiple-Use Sustained-Yield Act 

and other authorities. 

Elsewhere in this part of today’s 

Federal Register, the Department of 

Agriculture is simultaneously 

publishing another final rule to remove 

the planning regulations adopted on 

November 9, 2000.

DATES: Effective Date: This rule is 

effective January 5, 2005.

ADDRESSES: The following information 

is posted on the World Wide Web/

Internet at http://www.fs.fed.us/emc/

nfma/: (1) This final rule; (2) 

supplemental responses to substantive 

public comments and a description of 

the changes, if any, made in response to 

those comments and the reasons for 

those changes to the 2002 proposed 

rule; (3) the Civil Rights Impact 

Analysis for this final rule; (4) the costbenefit analysis for this final rule; (5) 

the business model cost study done to 

estimate predicted costs to implement 

the 2000 planning rule and the 2002 

proposed rule, and (6) the notice of 

proposed National Environmental 

Policy Act implementing procedures; 

request for comment. This information 

may also be obtained upon written 

request from the Director, Ecosystem 

Management Coordination Staff, Forest 

Service, USDA, Mail Stop 1104, 1400 

Independence Avenue, SW., 

Washington, DC 20250–1104.

FOR FURTHER INFORMATION CONTACT:

Dave Barone, Acting Assistant Director 

for Planning; Ecosystem Management 

Coordination Staff (202) 205–1019, or 

Regis Terney, Planning Specialist, 

Ecosystem Management Coordination 

Staff (202) 205–1552.

SUPPLEMENTARY INFORMATION:

Table of Contents 

1. Forest Service Directives 

2. Events Since Publication of the 2002 

Proposed Rule 

3. Overview of the Final 2004 Rule

• Major themes and areas of public 

comment in the final rule. 

• The strategic nature of land management 

plans. 

• Role of science in planning. 

• Public involvement. 

• Sustainability.