[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Notices]
[Pages 42648-42649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16192]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AB90


Roadless Area Protection

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency interim directive.

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SUMMARY: The Forest Service is reinstating interim directive (ID) 1920-
2001-1 (issued Dec. 14, 2001, and expired June 14, 2003) for the 
management of inventoried roadless areas. The reinstated ID, now 
numbered ID 1920-2004-1, is intended to provide guidance for addressing 
road and timber management activities in inventoried roadless areas 
until land and resource management plans are amended or revised. The ID 
has been reinstated to the Forest Service Manual (FSM) Chapter 1920, 
Land Management Planning.

DATES: This interim directive is effective July 16, 2004.

ADDRESSES: ID 1920-2004-1 is available electronically from the Forest 
Service via the World Wide Web/Internet at http://www.fs.fed.us/im/directives. Single paper copies of the interim directive are also 
available by contacting the Director, Ecosystem Management Coordination 
Staff, Forest Service, USDA, Mail Stop 1104, 1400 Independence Ave., 
SW., Washington, DC 20250-1104, or by facsimile to (202) 205-1012.

FOR FURTHER INFORMATION CONTACT: Dave Barone, Planning Specialist, 
Ecosystem Management Coordination Staff, Forest Service (202) 205-1019.

SUPPLEMENTARY INFORMATION: The Forest Service is reinstating an interim 
directive (ID) to Forest Service Manual (FSM) chaper 1920 to provide 
guidance for the protection and management of inventoried roadless 
areas. The ID was originally published for comment on August 22, 2001 
(66 FR 44111), and a revised ID was published for comment on December 
20, 2001 (66 FR 65801). The December 2001 ID expired on June 14, 2003. 
This action reinstates the administrative policy that, until a land 
management plan is revised or an amendment is adopted that considers 
their protection and mangement, inventoried roadless areas shall, as a 
general rule, be managed to preserve their roadless characteristics. 
This ID also reinstates the reservation of authority to the Chief to 
make decisions affecting inventoried roadless areas, except in specific 
circumstances that generally are consistent with the exceptions in the 
set aside Roadless Area Conservation Rule (Roadless Rule) (36 CFR part 
294), involving: (1) Road construction or road reconstruction until a 
forest-scale roads analysis is completed and incorporated into a forest 
plan, or until a determination is made that an amendment to the plan is 
not necessary; and (2) the cutting, sale, or removal of timber until a 
revision of a forest plan or adoption of a plan amendment that has 
considered the protection and management of inventoried roadless areas.
    The reinstated ID makes two changes to the direction previously 
issued on December 14, 2001, in ID No. 1920-2001-1. The first change is 
in the Policy section at FSM 1925.03 where a statement has been added 
that allows the Chief to grant project-specific exceptions to the 
reservations of authority set out in the ID. This addition is being 
made to to give the Chief the flexibility to exercise discretion, on a 
case-by-case basis, when a Forest Supervisor or a Regional Forester 
requests, for good cause, that the decision authority not be reserved. 
The second change is at FSM 1925.04b to the authority and the 
responsibility of the Regional Forester for decisions on a road 
construction or road reconstruction project in an inventoried roadless 
area. This section has been revised to include all lands associated 
with any mineral lease, license, permit or approval issued for mineral 
leasing operations. This adjustment was made in order to eliminate the 
confusion concerning the minerals leasing program in inventoried 
roadless areas which involve protracted, staged decisionmaking, as well 
as in consideration of the interests set forth in the National Energy 
Plan.
    There have been nine lawsuits filed in six judicial districts and 
four Federal circuits challenging the Roadless Rule. On May 10, 2001, 
the U.S. District Court for the District of Idaho issued a preliminary 
injunction order enjoining the Department from implementing the 
Roadless Rule. That order was reversed by the U.S. Court of Appeals for 
the Ninth Circuit. On July 14, 2003, the U.S. District Court for the 
District of Wyoming issued a permanent injunction order enjoining the 
Department from implementing the Roadless Rule. That ruling has been 
appealed. The roadless management ID was originally issued to provide 
interim protections for inventoried roadless areas because of the legal 
uncertainty surrounding the implementation of the Roadless Rule. There 
continues to be uncertainty as legal proceedings are ongoing and the 
ultimate outcome is far from certain. In addition, the Department of 
Agriculture has announced its intentions to proceed with a new 
rulemaking addressing inventoried roadless area management. The Forest 
Service is not yet prepared to adopt a final policy, and feels that 
reinstating the interim policy is the best course of action at this 
time.
    The agency believes that the interim policy contained in the ID 
provides stability to roadless area management

[[Page 42649]]

and appropriate protection of roadless values in inventoried roadless 
areas.

    Dated: July 12, 2004.
Dale N. Bosworth,
Chief.
[FR Doc. 04-16192 Filed 7-15-04; 8:45 am]
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