[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43778-43779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20088]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 211


Appeal of Decisions Concerning the National Forest Service; 
Removal of Outdated Rules

AGENCY: Forest Service, USDA.

ACTION:  Final rule.

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SUMMARY: This final rule removes from the Code of Federal Regulations 
the rules on Appeal of Decisions Concerning the National Forest System. 
These rules, which contain termination dates that are long past, are 
obsolete and have been suspended by the rules on appeal procedures for 
National Forest System Projects and Actions. The presence of the 
obsolete rules in the Code of Federal Regulations is causing public 
confusion about which rules to follow in filing appeals.

DATES: This rule is effective August 21, 2001.

ADDRESSES: Written inquiries about this rule may be sent to the 
Director, Ecosystem Management Coordination Staff, Forest Service, 
USDA, P.O. Box 96090, Washington, DC 20090-6090.

FOR FURTHER INFORMATION CONTACT: Gary Wetterberg, Forest Service, USDA; 
Telephone (202) 205-0917.

SUPPLEMENTARY INFORMATION: The rule governing administrative appeals of 
Forest Service decisions at 36 CFR part 211, subpart B, consist of 
three sections. Section 211.16 concerns appeal of resource recovery and 
rehabilitation decisions resulting from natural catastrophes. Its 
procedures do not apply to any appeal received after February 22, 1989 
(36 CFR 211.16(o)). Section 211.17 concerns appeal of decisions to 
reoffer returned or defaulted timber sales on National Forests. Its 
procedures do not apply to any decision signed on or after September 
13, 1991 (36 CFR 211.17(q)). Section 211.18 concerns appeal of 
decisions of forest officers made prior to February 21, 1989 (36 CFR 
211.18)(s)).
    The processes for appealing National Forest System decisions as 
established in 36 CFR 211.16 and 211.18 were superseded on January 23, 
1989, by adoption of the rules at 36 CFR parts 217 and 251 (54 FR 
3342). The rules at 36 FR part 217 offered the public a process for the 
administrative appeal of decisions relating to land and resource 
management plans, projects, and activities. The rule at 36 FR part 251, 
subpart C, was, and continues to be, limited to appeal of decisions 
regarding written instruments authorizing occupancy and use of National 
Forest System Lands. At the time these new rules were adopted, the 
Department made corollay amendments to Sec. 211.16 and 211.18 (54 FR 
3342) to make clear they were not applicable to decisions rendered 
after February 21 and February 22, 1989, respectively. Subsequently, 
the remaining appeal rule at 36 CFR 211.17 was amended to apply only to 
decisions signed before September 13, 1991 (56 FR 46549).
    Some individuals and groups seeking to appeal Forest Service 
decisions have become confused by the presence of the now outdated and 
superseded rules at 36 CFR part 211, subpart B. As recently as March 
29, 2001, and April 2, 2001, citizens filed a request for second level 
review of project of decisions on the Plumas National Forest pursuant 
to 36 CFR 211.18. In spite of the time and effort the appellants spent 
drafting their appeals, the Forest Service could not provide the second 
level reviews requested, because they were filed pursuant to 
regulations long since terminated. The appellants apparently did not 
notice the termination date in paragraph (q) of Sec. 211.18 and were 
unaware of the fact that the decisions they sought to appeal were 
subject to the appeal process in 36 CFR part 215 adopted November 4, 
1993 (58 FR 58910).
    Therefore, it is in the public interest to remove from the Code of 
Federal Regulations the obsolete rules at 36 CFR part 211, subpart B, 
in order to reduce public confusion. However, it should be noted that 
the removal of this rule will not alter conditions of any settlement 
agreement with appellants reached under the provisions of the rules at 
36 CFR part 211, subpart B.

Regulatory Certifications

Regulatory Impact

    This is not a significant rule. The 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. It will not interfere with an 
action taken or planned by another agency, or raise new legal or policy 
issues. Finally, the 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, the rule is 
not subject to Office of Management and Budget (OMB) review under 
Executive Order 12866. Moreover, this rule has been considered in light 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule 
will not have a significant economic impact on a substantial number of 
small entities as defined by the Act. This 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 rule has no direct or indirect effect 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.

No Takings Implications

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order

[[Page 43779]]

12360, and it has been determined that the rule will not pose the risk 
of a taking of private property, as the rule serves only to clarify 
appeals procedures by removing outdated information.

Civil Justice Reform

    This rule has been reviewed under Executive order 12988, Civil 
Justice Reform. It (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.

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 rule on State, 
local, and tribal governments and the private sector. This 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 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 Department has determined that no further assessment of 
federalism implications is necessary at this time.
    Moreover, this rule does not have tribal implications as defined in 
Executive order 13175 and, therefore, advance consultation with tribes 
is not required.

Controlling Paperwork Burdens on the Public

    This rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320. In fact, the removal of the obsolete rules may serve 
to reduce paperwork, as people are less likely to attempt to use these 
invalid processes for appeals. 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.

Energy Effects

    This final rule has been reviewed under Executive order 13211 of 
May 18, 2001, and it has been determined that this rule has no effect 
on the supply, distribution, or use of energy. This rule is a 
ministerial act to remove from the Code of Federal Regulations, rules 
which have, by their own terms, expired. Therefore, the preparation of 
a statement of energy effects is not required.

List of Subjects in 36 CFR Part 211

    Administrative practice and procedure, Fire prevention, 
Intergovernmental relations, National forests.


    Therefore, for the reasons set forth in the preamble, part 211 of 
Title 36, Code of Federal Regulations is amended as follows:

PART 211--ADMINISTRATION

    1. The authority citation for part 211 continues to read as 
follows:

    Authority: 16 U.S.C. 472, 498, 551.

Subpart B--[Removed and Reserved]

    2. Subpart B consisting of Secs. 211.16 through 211.18 is removed 
and reserved.

    Dated: July 5, 2001.
Dale N. Bosworth,
Chief.
[FR Doc. 01-20088 Filed 8-20-01; 8:45 am]
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