[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Proposed Rules]
[Pages 58501-58504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29306]
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DEPARTMENT OF THE INTERIOR
43 CFR Part 5040
[WO-130-1820-0024 1A]
RIN 1004-AC93
Sustained-Yield Forest Units
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to amend 43 CFR
5040 to remove obsolete or unnecessary sections and update the
remaining regulations that are still necessary for the administration
of the revested Oregon and California Railroad and the reconveyed Coos
Bay Wagon Road grant lands in Oregon (referred to in this proposed rule
as O. and C. lands). Subpart 5042, concerning master units, an
administrative subdivision of the O. and C. lands established in 1946
and 1947 to facilitate the establishment
[[Page 58502]]
of sustained-yield forest units and cooperative agreements, will be
removed. BLM finds these 12 master units no longer necessary due to the
changes in timber marketing and transportation patterns and the lack of
interest in cooperative agreements. BLM still needs provisions for the
determination of annual productive capacity and the establishment of
sustained-yield forest units in the event it concludes such
determinations are appropriate to reflect timber market conditions and
to further the purposes of the Act of August 28, 1937 (50 Stat. 874, 43
U.S.C. 1181a). The section on exchanges of O. and C. lands merely
restates the statutory language of the Act of July 31, 1939 (53 Stat.
1144), and will be removed from the Code of Federal Regulations (CFR).
By streamlining the regulations, BLM will be able to remove unnecessary
or obsolete regulations from the CFR. By removing the section on master
units, BLM will be able to apportion the allowable timber sale quantity
to the six western Oregon BLM districts more efficiently.
DATES: Submit comments by January 14, 1997. BLM will consider comments
postmarked on or before this date.
ADDRESSES: You may hand-deliver comments to the Bureau of Land
Management, Administrative Record, Room 401, 1620 L St., N.W.,
Washington, D.C.; or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, D.C.
20240. You may transmit comments electronically via the Internet to
WOC[email protected]. Please include ``AC 93'' and your name and
address in your message. If you do not receive a confirmation from the
system that we have received your Internet message, contact us
directly.
FOR FURTHER INFORMATION CONTACT: Lyndon Werner, Telephone: 503-952-
6071 or Dwight Fielder, Telephone: 202-452-7758.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
Written comments on the proposed rule should:
(a) Be specific;
(b) Be confined to issues pertinent to the proposed rule;
(c) Explain the reason for any recommended change;
(d) Reference the specific section or paragraph of the proposal
which the commenter is addressing, where possible.
BLM may not necessarily consider or include in the Administrative
Record for the final rule written comments postmarked or electronic
comments received after the close of the comment period (see DATES) or
comments delivered to an address other than those listed above (see
ADDRESSES).
II. Background
BLM has determined that the existing regulations on master units
and cooperative sustained-yield units are obsolete and should be
removed from the CFR. The regulation on the establishment of Sustained-
Yield Forest Units is still necessary, and BLM will rewrite this
section to remove references to Master Units and Cooperative Sustained-
Yield Units. The section on Exchanges is still relevant, but is merely
a restatement of the statutory language, and will be removed.
The Act of August 28, 1937 (50 Stat. 874, 43 U.S.C. 1181)
(hereafter ``the Act''), provides that the portions of the O. and C.
lands under the jurisdiction of the Department of the Interior that are
classified as timber lands and powersite lands valuable for timber
should be managed for permanent forest production. The Act also
provides that the timber on these lands must be sold, cut, and removed
in conformity with the principle of sustained-yield, for the purposes
of:
(a) Providing a permanent source of timber supply;
(b) Protecting watersheds;
(c) Regulating stream flow;
(d) Contributing to the economic stability of local communities and
industries; and
(e) Providing recreational facilities.
Section 1 of the Act authorizes the Secretary of the Interior to
treat the O. and C. lands as a single unit subject to the principle of
sustained-yield or to subdivide the O. and C. lands into smaller
sustained-yield forest units to facilitate sustained-yield management.
If the Secretary determines that sustained-yield forest units are
necessary, then he must establish the boundary lines of these units so
that each unit will provide, so far as practicable, a permanent source
of raw materials for the support of dependent communities and regional
industries. The Secretary may establish boundaries of such forest units
only after the Department conducts hearings in the vicinity of such
lands.
Section 1 of the Act also authorized the Secretary to determine the
annual productive capacity for the O. and C. lands and to limit timber
sales from any particular sustained-yield forest unit to such capacity.
Between 1939 and 1941 the General Land Office (GLO), BLM's
predecessor agency, devised a plan to divide the O. and C. lands into
12 master units. These master units were not required by the Act but
were created to facilitate implementation of the Act. In each unit, the
GLO plan assured continual timber production within the limits of the
allowable cut. GLO also compiled basic silvicultural and geographical
information and a formula for calculating potential productive
capacity. Each master unit would serve as the basis for a permanent
source of timber supply and an effective means for sustaining dependent
communities.
In 1942, GLO produced a ``Forest Management Handbook'' to be used
in determining which units would provide the best sites for cooperative
agreements between the holders of Federal and private forest lands in
the O. and C. checkerboard. In 1945, GLO proposed a new plan to
subdivide the 12 master units into 110 cooperative agreement areas, but
cooperative agreements were never established. In 1946 and 1947, 12
Secretarial Orders established the 12 master units and their
appurtenant marketing areas. The marketing area restrictions required
that the processing of timber from western Oregon BLM timber sales
occur in the same marketing area in which it was purchased.
The period between 1942 and 1957 was highly contentious with large
and small operators contesting several cooperative agreements and the
marketing area restrictions. Opponents at highly charged local hearings
expressed concerns about monopoly versus free enterprise and leveled
charges of conspiracy and favoritism against Federal officials.
Congress held hearings on the issues and proposed legislation, but it
never passed. The controversy also produced two lawsuits.
In 1956, the chairman of the New York State College of Forestry
conducted a study to analyze the effectiveness and desirability of
marketing areas. The report asserted that changes in costs, production
techniques, transportation patterns, and marketing methods of the
lumber industry since 1937 had made the program obsolete and that the
marketing areas did not constitute any major base for sustained-yield
management. The report recommended that the marketing areas be
abolished but that the master units be retained as a means of assuring
community stability. BLM abolished the marketing areas in 1957 and
never established cooperative agreements involving O. and C. lands. A
detailed accounting of this history is contained
[[Page 58503]]
in BLM's Billion-Dollar Checkerboard by Elmo Richardson, Forest History
Society, Santa Cruz, California, 1980.
The current 43 CFR part 5040 regulations provide for BLM to
establish master units as a basis for studies leading to the
formulation of plans for sustained-yield forest units and cooperative
agreements authorized by the O. and C. Lands Act. Under the current
regulations, BLM is to establish sustained-yield forest units within
the boundaries of each master unit in such manner that each forest unit
contains sufficient land to furnish a sustained supply of timber to
forest industries upon which a local community depends and to
constitute a suitable base for a cooperative agreement. For the same
reasons identified in the previously mentioned study, the master units
are obsolete and are no longer based upon logical boundaries, given
today's marketing patterns and economical log transportation distances.
BLM has never formally established sustained-yield forest units as a
subdivision of the master units. There is no current evidence to
suggest any interest in the establishment of cooperative agreements,
although they are authorized by the Act. BLM still needs regulations to
establish sustained-yield forest units as an appropriate and efficient
means to further the purposes of the Act. However, the establishment of
master units before the establishment of sustained-yield units is an
unnecessary and inefficient step. In addition, the current number of
master units (which, by default, are serving as sustained-yield units)
appears to be excessive to apportion efficiently the sustainable
allowable sale quantity to the six western Oregon BLM districts.
Therefore, the current regulations dealing with master units and
appurtenant marketing areas (Subpart 5042) and with cooperative
sustained-yield agreements (Subpart 5044) are being removed. Subpart
5044 concerning land exchanges is also being removed as stated above.
III. Discussion of Proposed Rule
This proposed rule would enhance the management efficiency of BLM
by removing obsolete requirements from the CFR and by removing
duplicative provisions that may be found in the underlying statutes.
This proposed rule would allow BLM to dissolve the existing master
units and establish more appropriately configured sustained-yield
forest units.
Subpart 5040--Sustained-Yield Unit and Cooperative Agreements,
would be removed in its entirety. This section is merely a restatement
of the language in the Act, and its removal will have no impact on
BLM's customers.
Subpart 5041--Annual Productive Capacity, would be rewritten for
clarity but not changed in any substantial way. BLM will continue to
declare the annual productive capacity of the O. and C. lands under the
principle of sustained-yield. This change will have no impact on BLM's
customers.
Subpart 5042--Master Units, would be removed in its entirety. For
the reasons presented in the Background section above, BLM does not
need to designate master units as an interim step to designating
sustained-yield forest units and cooperative agreements. This removal
would have no effect on BLM's customers. The currently designated
master units would remain in effect until this rule is published as
final and BLM completes the process for the designation of sustained-
yield forest units.
Subpart 5043--Sustained-Yield Forest Units, would be revised to
improve clarity and consistency with the removal of Subpart 5042--
Master Units. The revision would have no effect on BLM's customers
because it does not diminish the level of public involvement in BLM's
determination of sustained-yield forest units.
Subpart 5044--Cooperative Sustained-Yield Agreements, would be
removed in its entirety. This removal would have no effect on BLM's
customers. There are currently no cooperative sustained-yield
agreements or any apparent interest in their designation. If this
changes, the O. and C. Lands Act provides for their designation and
regulations governing their designation can again be published.
Subpart 5045--Exchanges, would be removed in its entirety. This
removal would have no effect on BLM's operations, because BLM would
still have the authority to exchange O. and C. lands under the Act of
July 31, 1939.
The remaining sections of part 5040 would be rewritten and
renumbered in a new part 5040.
IV. Procedural Matters
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the proposed rule would not constitute a major federal action
significantly affecting the quality of the human environment under
section 102(2)(C) of the National Environmental Policy Act of 1969, 42
U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of No
Significant Impact (FONSI) on file in the BLM Administrative Record at
the address specified previously. BLM invites the public to review
these documents by contacting us at the addresses listed above (see
ADDRESSES) and suggests that anyone wishing to submit comments in
response to the EA and FONSI do so in accordance with the Written
Comments section above, or contact us directly.
Paperwork Reduction Act
This rule does not contain collections of information that require
the Office of Management and Budget approval under 44 U.S.C. 3501 et
seq.
Regulatory Flexibility Act
BLM has determined that the proposed rule would not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) The
proposed rule provides a new process by which BLM may establish
sustained yield forest units. Before any units may be established, BLM
must hold public hearings in the areas affected by the proposed units.
This gives any potentially affected small entity the chance to provide
input to BLM which could influence the outcome of the proposals. The O.
and C. Lands Act provides that when BLM establishes sustained yield
forest units it must establish units that provide a permanent source of
raw materials to support local communities and industries, giving due
consideration to established forest products operations.
Unfunded Mandates Reform Act
BLM has determined that this proposed rule is not significant under
the Unfunded Mandates Reform Act of 1995 because it will not result in
State, local and tribal government, in the aggregate, or private
sector, expenditure of $100 million or more in any one year. The
proposed rule will not significantly or uniquely affect small
governments.
Executive Order 12612
The proposed rule would not have a substantial direct effect 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, BLM has determined that this
proposed rule does not have sufficient federalism implications to
warrant BLM preparation of a Federalism Assessment.
Executive Order 12630
The proposed rule does not represent a government action that
interferes with constitutionally protected property
[[Page 58504]]
rights or would result in a taking of private property.
Executive Order 12866
BLM has determined that the proposed rule is not a significant
regulatory action under section 3(f) of Executive Order 12866. The rule
is therefore not subject to review by the Office of Management and
Budget under section 6(a)(3) of that order.
Executive Order 12988
The Department has determined that this rule meets the applicable
standards provided in sections 3(a) and 3(b)(2) of Executive Order
12988.
Author
The principal author of this rule is Lyndon Werner, Bureau of Land
Management, Oregon State Office OR-931, P.O. Box 2965, Portland, Oregon
97208, 503-952-6071.
List of Subjects for 43 CFR Part 5040
Forests and forest products, Land Management Bureau, Public lands.
Dated: November 7, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
For the reasons stated above, and under the authority of 43 U.S.C.
1740, BLM proposes to revise Part 5040, Group 5000, Subchapter E,
Chapter II of Title 43 of the Code of Federal Regulations to read as
follows:
PART 5040--SUSTAINED-YIELD FOREST UNITS [AMENDED]
Sec.
5040.1 Under what authority does BLM establish sustained-yield
forest units?
5040.2 What will BLM do before it establishes sustained-yield
forest units?
5040.3 How does BLM establish sustained-yield forest units?
5040.4 What is the effect of designating sustained-yield forest
units?
5040.5 How does BLM determine and declare the annual productive
capacity?
Authority: 43 U.S.C. 1181e; 43 U.S.C. 1740.
Sec. 5040.1 Under what authority does BLM establish sustained-yield
forest units?
BLM is authorized, under the O. and C. Lands Act and the Federal
Land Policy and Management Act, to divide the lands it manages in
western Oregon into sustained-yield forest units. BLM establishes units
that contain enough forest land to provide, insofar as practicable, a
permanent source of raw materials to support local communities and
industries, giving due consideration to established forest products
operations.
Sec. 5040.2 What will BLM do before it establishes sustained-yield
forest units?
Before BLM designates sustained-yield forest units, it will:
(a) Hold a public hearing in the area where it proposes to
designate the units. BLM will provide notice, approved by the BLM
Director, to the public of any hearing concerning sustained-yield
forest units. This notice must be published once a week for four
consecutive weeks in a newspaper of general circulation in the county
or counties in which the forest units are situated. BLM may also
publish the notice in a trade publication; and
(b) Forward the minutes or meeting records to the BLM Director,
along with an appropriate recommendation concerning the establishment
of the units.
Sec. 5040.3 How does BLM establish sustained-yield forest units?
After a public hearing, BLM will publish a notice in a newspaper of
general circulation in the county or counties affected by the proposed
units, stating whether or not the BLM Director has decided to establish
the units. If the BLM Director determines that the units should be
established, BLM will include in its notice information on the
geographical description of the sustained-yield forest units, how the
public may review the BLM document that will establish the units, and
the date the units will become effective. BLM will publish the notice
before the units are established.
Sec. 5040.4 What is the effect of designating sustained-yield units?
Designating new sustained-yield forest units abolishes previous O.
and C. master unit or sustained-yield forest unit designations.
Sec. 5040.5 How does BLM determine and declare the annual productive
capacity?
(a) If BLM has not established sustained-yield forest units under
part 5040, then BLM will determine and declare the annual productive
capacity by applying the sustained-yield principle to the O. and C.
lands, treating them as a single unit.
(b) If BLM has established sustained-yield forest units under part
5040, then BLM will determine and declare the annual productive
capacity by applying the sustained-yield principle to each separate
forest unit.
(c) If it occurs that BLM has established sustained-yield forest
units for less than all of the O. and C. lands, then BLM will determine
and declare the annual productive capacity as follows:
(1) BLM will treat sustained-yield forest units as in paragraph (b)
of this section; and
(2) BLM will treat any O. and C. lands not located within
sustained-yield forest units as a single unit.
[FR Doc. 96-29306 Filed 11-14-96; 8:45 am]
BILLING CODE 4310-84-P