[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41370-41372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14147]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AB89


Grazing Permit Administration Handbook (FSH 2209.13), Chapters 10 
(Term Grazing Permits) and 20 (Grazing Agreements)

AGENCY: Forest Service, USDA.

ACTION: Notice of interim directives, request for comment.

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SUMMARY: The Forest Service has issued two (2) interim directives (IDs) 
to Forest Service Handbook 2209.13 establishing procedures and 
responsibilities for administering term grazing permits and grazing 
agreements (a specific type of term grazing permit). The intended 
effect of issuance of these IDs is to provide consistent overall 
guidance to Forest Service employees regarding term grazing permits and 
grazing agreements. The IDs add new provisions for administering term 
grazing permits and establish a consistent process regarding issuance 
of grazing agreements. The regulations at 36 CFR part 222 are not being 
changed. Public comment is invited and will be considered in 
development of the final direction.

DATES: Interim Directive no. 2209.13-2005-1 (Chapter 10) and Interim 
Directive no. 2209.13-2005-2 (Chapter 20) are effective July 19, 2005. 
Comments must be received in writing by October 17, 2005.

ADDRESSES: Send written comments by mail to USDA Forest Service, Attn: 
Director, Rangeland Management Staff, Mail Stop 1153, 1400 Independence 
Ave., SW., Washington, DC 20250-1153; by electronic mail to 
[email protected]; or by facsimile to (202) 205-1096. If comments are 
sent by electronic means or by facsimile, the public is requested not 
to send duplicate comments via regular mail.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection and 
copying. The agency cannot confirm receipt of comments.
    The public may inspect comments received on these interim 
directives in the Rangeland Management Staff, 3rd Floor, South Wing, 
Yates Building, 14th and Independence Avenues, Northwest, Washington, 
DC, between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect 
comments are encouraged to call ahead to (202) 205-1460 to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: Richard Lindenmuth, Rangeland 
Management Staff, USDA Forest Service, (202) 205-1458.

SUPPLEMENTARY INFORMATION: The Forest Service directives consist of the 
Forest Service Manual (FSM) and the Forest Service Handbook (FSH), 
which contain the agency's policies, practices, and procedures and 
serves 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 
executive programs and activities. The FSH is the principal source of 
specialized guidance and instruction for carrying out the policies, 
objectives, and responsibilities contained in the FSM.
    The last major update to FSH 2209.13 was 1985. New legislation, 
litigation, and changing needs on-the-ground indicate the need to 
update and clarify existing policy. Six out of 7 chapters of FSM 2200 
and all nine chapters of FSH 2209.13 are updated. Chapter 10, Term 
Grazing Permits, and Chapter 20, Grazing Agreements, contain most of 
the new direction. The Forest Service has determined neither of these 
chapters requires public notice and comment. However, due to the high 
degree of interest, they are being published as interim directives (ID) 
and made available for comment.
    These IDs, along with other amended chapters, clarify and update 
existing policy. All clarifications and changes to existing policy are 
within the authority already delegated to the Chief of the Forest 
Service at 36 CFR part 222. Therefore, no changes, deletions, or 
additions are deemed necessary by the Forest Service to the regulations 
at 36 CFR part 222.

[[Page 41371]]

Highlights of Interim Directives; Forest Service Handbook; FSH 
2209.13--Grazing Permit Administration Handbook

Chapter 10--Term Grazing Permits

    This chapter describes the procedures to properly issue, modify, 
suspend, and cancel term grazing permits. A term grazing permit is 
obtained through prior permitted use (existing permit expires), sale of 
base property or permitted livestock, or grant authority. Section 16.3 
adds a new provision explaining the contents of a notice of non-
compliance letter and when it should be issued, and it adds a new 
provision establishing uniform suspension and cancellation guidelines. 
Section 17.2 expands the maximum period of nonuse for personal 
convenience from 3 to 4 years.

Chapter 20--Grazing Agreements

    Grazing agreements are a specific type of term grazing permit used 
on the national grasslands and national forests. This chapter provides 
direction on administering grazing agreements. Section 21.1 establishes 
a consistent process to waive Forest Service term grazing permits in 
favor of a grazing association-issued term grazing permit. Section 21.2 
establishes a consistent process to waive a grazing association-issued 
term grazing permit in favor of a Forest Service term grazing permit. 
Section 22 establishes standard forms for grazing agreements on both 
national grasslands and national forests. Section 24.11 establishes a 
consistent 7-year limit policy for leasing of property to satisfy base 
property ownership qualification requirements for association-issued 
term grazing permits on national grasslands. Section 24.12 establishes 
a consistent 3-year limit policy for share livestock agreements to 
satisfy livestock ownership qualification requirements for association-
issued term grazing permits on national grasslands.

Regulatory Certifications

Regulatory Impact

    This notice has been reviewed under USDA procedures and Executive 
Order (E.O.) 12866, Regulatory Planning and Review. The Office of 
Management and Budget (OMB) has determined that it is substantive, 
nonsignificant. The ID's 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. The ID's would not interfere with an action taken 
or planned by another agency nor raise new legal or policy issues. 
Finally, the ID's would not alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients of such programs.
    Moreover, the ID's have been considered in light of Executive Order 
13272 regarding proper consideration of small entities and the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which 
amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No 
direct or indirect financial impact on small businesses or other 
entities has been identified. Therefore, it is hereby certified that 
these ID's will not have a significant economic impact on a substantial 
number of small entities as defined by the act.

Environmental Impact

    These ID's provide detailed direction to agency employees necessary 
to administer term grazing permits and grazing agreements. Section 
31.12 of Forest Service Handbook 1909.15 (57 FR 43208; 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.'' The agency's conclusion is that these ID's fall 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.

No Takings Implications

    These ID's have been analyzed in accordance with the principles and 
criteria contained in Executive Order 12360, Governmental Actions and 
Interference with Constitutionally Protected Property Rights, and it 
has been determined that they would not pose the risk of a taking of 
private property as they are limited to the establishment of 
administrative procedures.

Energy Effects

    These ID's have been analyzed under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. It has been determined that they do not 
constitute a significant energy action as defined in the Executive 
order.

Civil Justice Reform

    These ID's have been reviewed under Executive Order 12988, Civil 
Justice Reform. These ID's will direct the work of Forest Service 
employees and are not intended to preempt any State and local laws and 
regulations that might be in conflict or that would impede full 
implementation of these directives. The directives would not 
retroactively affect existing permits, contracts, or other instruments 
authorizing the occupancy and use of National Forest System lands and 
would not require the institution of administrative proceedings before 
parties may file suit in court challenging their provisions.

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 effects of these ID's on State, local, and tribal 
governments, and on the private sector have been assessed and do 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

    The agency has considered these ID's under the requirements of 
Executive Order 13132, Federalism. The agency has made a preliminary 
assessment that the ID's conform with the federalism principles set out 
in this Executive order; would not impose any significant compliance 
costs on the States; and would 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. Moreover, these ID's address term grazing 
permits and grazing agreements on national forests and grasslands, 
which do not directly affect the States. Based on comments received on 
these ID's, the agency will consider if any additional consultation 
will be needed with State and local governments prior to adopting final 
directives.

Consultation and Coordination With Indian Tribal Governments

    These ID's do not have tribal implications as defined by Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, and therefore, advance consultation with Tribes is not 
required.

Controlling Paperwork Burdens on the Public

    These ID's do not contain any record keeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 and, therefore, impose no

[[Page 41372]]

paperwork burden on the public. 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.

Conclusion

    Six out of 7 chapters of FSM 2200 and all 9 chapters of FSH 2209.13 
are updated. Chapter 10, Term Grazing Permits, and Chapter 20, Grazing 
Agreements, contain most of the new direction. The agency has elected 
to issue chapters 10 and 20 as interim directives, making them 
effective immediately. An interim directive expires 18 months from 
issuance and may be reissued only once for a total duration of 36 
months. Thereafter, the direction must be incorporated into an 
amendment or allowed to expire. Both the regular amendments and the 
interim directives are being published simultaneously in order for 
reviewers to synthesize the context of each amended directive in 
relation to the total package.
    The Forest Service is committed to providing adequate opportunities 
for the public to comment on administrative directives that are of 
substantial public interest or controversy, as provided in the 
regulations at 36 CFR part 216. Because it is important to provide 
Forest Service units with updated guidance and direction in a 
comprehensive integrated package, the agency is issuing these ID's and 
making them effective immediately. However, pursuant to 36 CFR 216.7, 
the Forest Service is also requesting public comment on these ID's.
    All comments will be considered in the development of final 
directives. The full text of these Manuals and Handbook references area 
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 
phone numbers listed in the ADDRESSES section of this notice, as well 
as, from the nearest Regional Office, the location of which are also 
available on the Washington Office headquarters home page on the World 
Wide Web at http://www.fs.fed.us.

    Dated: June 30, 2005.
Sally Collins,
Associate Chief of the Forest Service.
[FR Doc. 05-14147 Filed 7-18-05; 8:45 am]
BILLING CODE 3410-11-P