[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50756-50759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20013]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC63


Forest Vegetation Resource Planning

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency interim directive; request for 
comment.

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SUMMARY: The Forest Service is issuing an interim directive to Forest 
Service Handbook 1909.12, chapter 60, to guide agency employees on 
timber and forest vegetation resource planning, including guidance on 
identifying lands generally suitable for timber production and long-
term sustained-yield capacity. This interim directive revises Forest 
Service Handbook 1902.12--60, issued January 31, 2006. The intended 
effect of issuance of this interim directive is to provide consistent 
overall guidance to Forest Service line officers and agency employees 
in developing, amending, or revising land management plans for units of 
the National Forest System regarding forest vegetation resource 
planning. Public comment is invited and will be considered in 
developing a final directive.

DATES: Interim directive number 1909.12-2008-1 is effective August 28, 
2008. Comments must be received in writing by October 27, 2008.

ADDRESSES: Send written comments concerning this interim directive 
through one of the following methods: E-mail: 
<a href="/cdn-cgi/l/email-protection#06566a6768686f6861426f746365726f70633436363e46607528606362287375"><span class="__cf_email__" data-cfemail="7c2c101d121215121b38150e191f08150a194e4c4c443c1a0f521a191852090f">[email protected]</span></a>. Include ``planning directives'' in the 
subject line of the message. Fax: 202-205-1012. Please identify your 
comments by including ``planning directives'' on the cover sheet or the 
first page. Mail: Planning Directives; Forest Service; U.S. Department 
of Agriculture; Ecosystem Management Coordination; Mailstop 1104, 3rd 
Floor--Center Wing; Washington, DC

[[Page 50757]]

20250-1104. All comments, including names and addresses when provided, 
are placed in the record and are available for public inspection and 
copying. Persons wishing to inspect the comments are encouraged to call 
ahead (202-205-0895) to facilitate entrance into the building.
    The directive is available electronically from the Forest Service 
via the World Wide Web/Internet at www.fs.fed.us/im/directives or at 
www.fs.fed.us/emc/nfma/index.htm. You may request a compact disc (CD) 
copy of the interim directive by contacting Regis Terney by e-mail 
(<a href="/cdn-cgi/l/email-protection#a3d1d7c6d1cdc6dae3c5d08dc5c6c78dd6d0"><span class="__cf_email__" data-cfemail="97e5e3f2e5f9f2eed7f1e4b9f1f2f3b9e2e4">[email protected]</span></a>), by phone at 1-866-235-6652 or 202-205-0895, or by 
mail at Regis Terney, Forest Service, U.S. Department of Agriculture, 
Mailstop 1104, EMC, 3 Central, 1400 Independence Avenue, SW., 
Washington, DC 20050-1104.

FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist, 
Ecosystem Management Coordination Staff, 202-205-0895.

SUPPLEMENTARY INFORMATION: The Forest Service Directive System consists 
of the Forest Service Manual (FSM) and the Forest Service Handbook 
(FSH), which contain the Agency's policies, practices, and procedures 
and serve as the primary basis for the internal management and control 
of programs and administrative direction to Forest Service employees. 
The directives for all Agency programs are set out on the World Wide 
Web/Internet at http://www.fs.fed.us/im/directives.
    The FSM contains legal authorities, objectives, policies, 
responsibilities, instructions, and guidance needed on a continuing 
basis by Forest Service line officers and primary staff to plan and 
execute programs and activities, while the FSH is the principal source 
of specialized guidance and instruction for carrying out the policies, 
objectives, and responsibilities contained in the FSM.
    The Forest Service, U.S. Department of Agriculture, issued final 
Agency directives for National Forest System Land Management Planning 
and published a notice of issuance of Agency final directives in the 
Federal Register (71 FR 5124, Jan. 31, 2006). The final Agency 
directives included FSH 1909.12, chapter 60, Forest Vegetation Resource 
Planning. On April 21, 2008, the Department replaced the 2005 final 
rule (2005 rule) (70 FR 1022, Jan. 5, 2005), as amended March 3, 2006 
(71 FR 10837) with final planning regulations for the National Forest 
System at 36 CFR part 219, subpart A (73 FR 21468). This 2008 planning 
rule provides broad programmatic direction in developing and carrying 
out land management planning. The rule explicitly directs the Chief of 
the Forest Service to establish planning procedures in the Forest 
Service Directive System (36 CFR 219.1(c)).
    This interim directive makes necessary minor changes to the January 
31, 2006, directive to clarify the procedures for identifying lands 
available for timber harvest and suitable for timber production, long-
term sustained-yield capacity (LTSYC), and timber sale program quantity 
(TSPQ) to aid consistent interpretation and application of the 
direction by Agency personnel. Our Washington Office review of several 
proposed land management plans showed that these clarifications are 
necessary. These changes in procedural and technical details associated 
with carrying out the 2008 planning rule at 36 CFR part 219 are needed 
immediately for use by units beginning plan revisions or resuming plan 
revisions under the 2008 rule. About 40 revision efforts are currently 
ongoing. The Forest Service expects 38 unit supervisors to use the 2008 
planning rule to finish their plan revisions. In the next few months, 
many of these units will be discussing timber harvest availability, 
timber production suitability, LTSYC, and TSPQ with the public. It is 
imperative that these units use the proper procedures when discussing 
these important issues with the public.

Summary of Revisions

    Section 60.5. This section of the directive provides definitions. 
The interim directive revises the term ``lands generally suited for 
timber harvest'' to be ``lands generally available for timber 
harvest.'' It revises the term ``not suitable for timber production'' 
to be ``lands not suitable for timber production.'' The interim 
directive changes the definitions for forest regulation, lands 
generally available for timber harvest, lands not suitable for timber 
production, long-term sustained-yield capacity, planning horizon, 
stand, and suitability. Throughout this interim directive, the Agency 
substitutes the word ``available'' for ``suitable'' when referring to 
the use of timber harvest as a tool. Suitability in NFMA refers to 
resource uses of land. NFMA specifically requires the identification of 
the suitability of lands for resource management in 16 U.S.C. 
1604(g)(2)(A) and also the identification of lands not suited for 
timber production (a specific resource use) in 16 U.S.C. 1604(k). The 
use of the term ``available'' in referring to timber harvest is 
intended to reduce confusion over whether timber harvest is an 
objective (which it is not) or a tool to achieve specific resource uses 
or objectives (which it is). The interim directive changes the 
definition of ``forest regulation'' and ``stand'' to agree with 
silvicultural definitions in FSM 2470.5. The definition of ``lands 
generally available for timber harvest,'' ``lands not suitable for 
timber production,'' ``long-term sustained-yield timber capacity,'' 
``planning horizon,'' and ``suitability'' are clarified to agree with 
the 2008 planning rule.
    Section 61. This section of the directive describes the vegetation 
management requirements at the project level. The interim directive 
makes editorial changes so that restocking requirements will be 
consistently described in plans in terms of ``reasonable assurance of 
adequate restocking.''
    Section 62. This section of the directive describes procedures for 
identifying the availability of lands for timber harvest and 
suitability of lands for timber production. The interim directive 
revises the term ``lands generally not suitable for timber harvest'' to 
be ``lands generally not available for timber harvest.'' The interim 
directive now provides two bases for identifying lands as not being 
available for timber harvest: (1) Legal, policy, physical, or 
biological conditions (the one basis set out in the current handbook), 
and (2) incompatibility with desired conditions and objectives. The 
second category sets forth a new, additional concept to consider when 
determining lands generally not available for timber harvest. The 
interim directive also clarifies categories of lands generally not 
available for timber harvest, lands generally available for timber 
harvest, and lands not suitable for timber production.
    Section 62, exhibit 01. The interim directive changes the exhibit 
to conform to the revision and clarification of section 62.
    Section 62.1. The interim directive changes the identification 
criteria of lands generally not available for timber harvest into a 
two-step process, so that incompatibility with desired conditions and 
objectives is a basis for identifying land as being not available for 
timber harvest even where legal, policy, physical, or biological 
criteria would not require such a determination.
    Section 62.11. The interim directive also clarifies the 
identification of areas where timber harvest is generally prohibited by 
statute, Executive order, regulation, or policy. The interim directive 
clarifies that this category includes, but is not limited to,

[[Page 50758]]

congressionally designated wilderness and congressionally designated 
wilderness study areas.
    Section 62.12. The interim directive adds a cross-reference to the 
planning rule and adds the phase ``or substantial and permanent 
impairment of the productivity of the land'' to the list of criteria 
for estimating where it is not possible to carry out timber harvest 
activities without irreversible damage.
    Section 62.13. The interim directive revises the focus from 
``identifying lands where there is reasonable assurance of restocking'' 
to ``where there is no reasonable assurance that the land can be 
adequately restocked.'' The interim directive clarifies that the 
determination is based on existing technology and research findings. 
The interim directive clarifies that the estimates of no reasonable 
assurance of adequate restocking made during land management planning 
must be refined during project-level analyses.
    Section 62.2. At enumerated paragraph 1, clarifies that ``lands 
suitable for timber production'' are the same as ``lands where timber 
production achieves, is compatible with, or could contribute to the 
achievement of desired conditions and objectives established by the 
plan. Revises enumerated paragraph 2 to agree with the words of 36 CFR 
219.12(a)(4) by changing the existing words of: ``Other lands where 
harvest for multiple-use objectives other than timber production, 
including salvage sales, may take place as described in section 
62.22.'' to ``Other lands where trees may be harvested for multiple use 
values other than timber production as described in section 62.22.''
    Section 62.21. Changes the caption from ``Timber Production 
Achieves or is Compatible With Desired Conditions and Resource 
Objectives'' to ``Lands Suitable for Timber Production.'' Adds two 
criteria to the enumerated criteria for lands suitable for timber 
production, (1) lands are not withdrawn by law or policy and (2) lands 
are forest land. Clarifies that regeneration of the timber stand is 
always intended for lands suitable for timber production. Removed the 
last sentence from this section about the planning documents describing 
why timber harvest is a cost-effective tool and added it to section 
62.22.
    Section 62.22. The interim directive clarifies the distinction 
between ``other lands'' (where trees may be harvested for multiple use 
values other than timber production) and ``lands suitable for timber 
production.''
    Section 62.3. Removed the enumerated list of criteria for lands 
generally not suitable for timber production because it was redundant 
with the criteria at section 62.21.
    Section 63.1. For simplicity changed the term ``timber production 
achieves or is compatible with desired conditions and resource 
objectives'' to ``lands suitable for timber production'' in this 
section and throughout the document. The interim directive revises 
direction for estimating the long-term sustained-yield capacity (LTSYC) 
by clarifying that LTSYC must not be constrained by current budgets. In 
addition, the interim directive sets forth that in those cases where a 
national forest has less than 200,000 acres of commercial forest land 
(FSH 2409.13, sec. 05) the responsible official may use two or more 
national forests for purposes of determining the LTSYC. The current 
directive limits the use of two or more national forests for 
determining LTSYC to where a national forest has less than 200,000 
acres of lands suitable for timber production. This change in direction 
brings the interim directive in agreement with 16 U.S.C. 1611 and the 
long-standing definition of commercial forest land set forth in FSH 
2409.13 (Timber Resource Planning Handbook). The interim directive also 
sets forth that if the responsible official decides a substantive 
change of the LTSYC estimate in the plan is needed, the responsible 
official shall amend or revise the plan.
    Section 63.4. The interim directive clarifies that a substantive 
change of the timber sale program quantity (TSPQ) estimate in the 
approved land management plan must be changed by plan amendment or plan 
revision.
    Section 63.5. To meet multiple-use objectives, the responsible 
official may establish a TSPQ that exceeds the LTSYC under 16 U.S.C. 
1611. The interim directive clarifies that the responsible official may 
exceed the LTSYC limit when selling timber from salvage harvesting, 
sanitation harvesting, or from wood fiber not represented in the 
utilization standards used in calculating LTSYC. At enumerated 
paragraph 2, the interim directive changes the term ``timber production 
achieves or is compatible with desired conditions and resource 
objectives'' to ``lands suitable for timber production.'' The interim 
directive clarifies direction for assessing whether the TSPQ exceeds 
LTSYC by stating that responsible officials, at their discretion, may 
combine categories of lands generally available for timber harvest for 
assessing whether TSPQ exceeds LTSYC for the forest as a whole.
    Section 64. The interim directive clarifies that a plan that 
contains lands available for timber harvest must include guidance 
developed pursuant to 36 CFR 219.12(b)).
    Section 64.2. Clarifies that in some cases, even within lands 
suitable for timber production, timber harvest for purposes other than 
timber production may meet the ``adequate restocking'' requirement when 
the management intent is not to replace trees.
    Section 64.3. The interim directive adds a requirement that land 
management plans must include guidance for maximum size limits under 36 
CFR 219.12(b)(2).
    Section 65.5. Changes the caption for section 65.5 to ``Plan 
Exhibits.''

Environmental Impact

    This interim directive to Forest Service Handbook (FSH) 1909.12, 
chapter 60 would clarify direction and guide agency employees on timber 
and forest vegetation resource planning, including guidance on 
identifying lands generally suitable for timber production and long-
term sustained-yield capacity. This interim directive supersedes Forest 
Service Handbook 1902.12--60, issued January 31, 2006. The intended 
effect of issuance of this interim directive is to provide consistent 
overall guidance to Forest Service line officers and agency employees 
in developing, amending, or revising land management plans for units of 
the National Forest System regarding forest vegetation resource 
planning. Section 31.12 of FSH 1909.15 (57 FR 43208; Sept. 18, 1992) 
excludes from documentation in an environmental assessment or impact 
statement ``rules, regulations, or policies to establish servicewide 
administrative procedures, program processes, or instructions.'' The 
agency's conclusion is that this final directive, which simply sets out 
guidance for the planning process, falls within this category of 
actions and that no extraordinary circumstances exist as currently 
defined that require preparation of an environmental assessment or an 
environmental impact statement.

Regulatory Impact

    This interim directive has been reviewed under USDA procedures and 
Executive Order 12866, Regulatory Planning and Review. It has been 
determined that this is not a significant action. This interim 
directive to clarify agency guidance 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 interim directive would not interfere with 
an action taken or planned by another agency nor raise new legal or

[[Page 50759]]

policy issues. Finally, this interim directive would not alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients of such programs. 
Accordingly, this proposed action is not subject to Office of 
Management and Budget review under Executive Order 12866.
    Moreover, this proposed action has been considered in light of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq. ), and it has been 
determined that this proposed action would not have a significant 
economic impact on a substantial number of small entities as defined by 
the act because it will not impose record-keeping requirements on them; 
it would not affect their competitive position in relation to large 
entities; and it would not affect their cash flow, liquidity, or 
ability to remain in the market.

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 action on 
State, local, and tribal governments and the private sector. This 
interim directive would 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.

Controlling Paperwork Burdens on the Public

    This interim directive does not contain any additional record-
keeping or reporting requirements associated with National Forest 
System land management planning or other information collection 
requirements as defined in 5 CFR part 1320 that are not already 
required by law or not already approved for use. The Office of 
Management and Budget (OMB) (Number 0596-00158) has approved the 
information collection associated with the submitting an objection 
under the planning rule (36 CFR part 219). Accordingly, the review 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq. ) and its implementing regulations at 5 CFR part 1320 do not 
apply.

Conclusion

    This interim directive provides consistent interpretation of the 
planning rule for line and staff officers, and interdisciplinary teams. 
Therefore, the Agency can fulfill its commitment to improve public 
involvement and decisionmaking associated with developing, amending, or 
revising a land management plan.
    The full text of this handbook is available on the World Wide Web 
at http://www.fs.fed.us./im/directives. Single paper copies are 
available upon request from the address and telephone numbers listed 
earlier in this notice as well as from the nearest regional office, the 
location of which are also available on the Washington Office 
headquarters homepage on the World Wide Web at http://www.fs.fed.us.

    Dated: August 21, 2008.
Abigail R. Kimbell,
Chief, Forest Service.
[FR Doc. E8-20013 Filed 8-27-08; 8:45 am]
BILLING CODE 3410-11-P


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