[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)] [Rules and Regulations] [Pages 64815-64816] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-31232] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 61, No. 237 / Monday, December 9, 1996 / Rules and Regulations [[Page 64815]] DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 223 Sale and Disposal of National Forest System Timber; Modification of Contracts To Prevent Environmental Damage or To Conform to Forest Plans AGENCY: Forest Service, USDA. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: This technical amendment combines two similar rules to establish one streamlined regulation for modifying timber sale contracts. The need for this technical amendment became apparent when the agency reviewed its regulations as part of the President's Regulatory Reinvention Initiative. EFFECTIVE DATE: December 9, 1996. FOR FURTHER INFORMATION CONTACT: Jim Naylor, Timber Management Staff, Forest Service, USDA, P.O. Box 96090, Washington, D.C. 20090-6090, (202) 205-0858. SUPPLEMENTARY INFORMATION: Section 6 of the Forest and Rangeland Renewable Planning Act of 1974 (16 U.S.C. 1600 et seq.) directs that contracts, permits, and other instruments for use of National Forest System lands be consistent with land management plans. Part 223 of Title 36 of the Code of Federal Regulations implements this direction by providing for modification of timber sale contracts and permits in Sec. 223.39, Revision of contract conditions, and Sec. 223.113, Modification to prevent environmental damage or to conform to forest plans. However, these provisions are redundant; the content of Sec. 223.39 is largely repeated in Sec. 223.113. Therefore, in order to streamline the regulations and eliminate any confusion caused by redundancy, this technical amendment removes and reserves Sec. 223.39 and makes minor revisions to Sec. 223.113 to clarify and simplify the rule. Section 223.39 states that timber sale contracts, permits, or other instruments longer than 2 years in duration shall provide for revision of contract terms to make them consistent with guidelines and standards developed to implement section 6 of the Forest Rangeland and Renewable Resources Planning Act of 1974, as amended, and with land management plans developed or revised thereunder. This regulation also provides for a rate redetermination to compensate for any differences in value after the contract changes are made. The revised Sec. 223.113, like the current Sec. 223.113, includes the substance of Sec. 223.39 but removes the qualification that the legal instruments must be longer than two years because the two year requirement is not in compliance with the National Forest Management Act of 1976 (NFMA), which amended the Forest and Rangeland Renewable Planning Act of 1974. NFMA states that contracts, permits, and other instruments must be consistent with land management plans, but the act does not exempt from compliance contracts and permits that are less than two years in duration. The revised Sec. 223.113 is substantively the same as the current Sec. 223.113. The revised Sec. 223.113 provides that contracts, permits, and other instruments may be modified to prevent environmental damage or to make them consistent with amendments or revisions of land management plans adopted subsequent to award or issuance of a timber sale contract, permit, or other such instrument. The reference to ``permits and other instruments'' is added in the revised Sec. 223.113 in order to mirror the language of NFMA and to incorporate the language of Sec. 223.39. Revised Sec. 223.113, like the current Sec. 223.113, also provides for compensation in the event of contract modification. The language relating to compensation, which can include a rate redetermination, is simplified in the amended rule by referring to timber sale contract provisions and Sec. 223.60 of this subpart, the regulations for determining fair market value. The revised regulation does not include the statement: ``Modifications shall be subject to the purchaser's valid existing rights,'' which is in the current Sec. 223.113. This language is superfluous and confusing because the contract already sets forth the parties' rights and, therefore, this statement does not clarify nor add to the parties' rights under the contract. Compliance With Administrative Procedure Act Pursuant to 5 U.S.C. 553(b)(3)(B) of the Administration Procedure Act, the Forest Service has determined that publication of this rule for notice and comment prior to adoption is unnecessary. The final rule makes minor technical changes to streamline and clarify rules at 36 CFR part 223 so that these regulations conform to the Forest and Rangeland Renewable Planning Act of 1974. This rulemaking does not make any significant substantive changes to the administration of timber sale contracts, permits, or other legal instruments when they need to be modified in order to prevent environmental damage or to comply with the Forest and Rangeland Renewable Planning Act of 1974. Regulatory Impact This technical rule has no substantive revisions and is not subject to review under USDA procedures or Executive Order 12866 on Regulatory Planning and Review. As a technical amendment, this final rule is exempt from further analysis under Executive Order 12630, Takings Implications; the Unfunded Mandate Reform Act of 1995; the Paperwork Reduction Act of 1995; and Executive Order 12778, Civil Justice Reform. List of Subjects in 36 CFR Part 223 Exports, Government contracts, National forests, Reporting requirements, Timber sales. Therefore, for the reasons set forth in the preamble, Part 223 of Title 36 of the Code of Federal Regulations is hereby amended as follows: PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER 1. The authority citation continues to read as follows: Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618; 104 Stat. 714-726, 16 U.S.C. 620-620h, unless otherwise noted. Sec. 223.39 [Removed and Reserved] 2. Remove and reserve Sec. 223.39 [[Page 64816]] Sec. 223.113 [Revised] 3. Revise Sec. 223.113 to read as follows: Sec. 223.113 Modification of contracts to prevent environmental damage or to conform to forest plans. Timber sale contract, permits, and other such instruments may be modified to prevent environmental damage or to make them consistent with amendments or revisions of land and resource management plans adopted subsequent to award or issuance of a timber sale contract, permit, or other such instrument. Compensation to the purchaser, if any, for modifications to a contract shall be made in accordance with provisions set forth in the timber sale contract. When determining compensation under a contract, timber payment rates shall be redetermined in accordance with appraisal methods in Sec. 223.60 of this subpart. Dated: November 13, 1996. David G. Unger, Associate Chief. [FR Doc. 96-31232 Filed 12-6-96; 8:45 am] BILLING CODE 3410-11-M