[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Rules and Regulations]
[Pages 10837-10838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2021]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 219

RIN 0596-AC43


National Forest System Land Management Planning

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture is revising the transition 
language contained in the 2005 planning rule (70 FR 1023). This final 
rule modifies the transition language to allow the Tongass National 
Forest to revise its land management plan either under the 2005 Rule or 
the planning regulations in effect before November 9, 2000. The 
preamble of this rule includes a discussion of the public comments 
received on the proposed rule published January 4, 2006 (71 FR 307), 
and the Department's responses to the comments.

EFFECTIVE DATE: This rule is effective March 3, 2006.

FOR FURTHER INFORMATION CONTACT: Cherie Shelley, Director, Ecosystem 
Planning, Alaska Region, Forest Service, USDA at (907) 586-8887; or 
Dave Barone, Planning Specialist, Ecosystem Management Coordination 
Staff, Forest Service, USDA at (202) 205-1019.

SUPPLEMENTARY INFORMATION: 

Background

    On January 5, 2005, the Department of Agriculture published a final 
planning rule (70 FR 1023) governing the development of land management 
plans required by the National Forest Management Act. The 2005 planning 
regulations provide for a transition period from the previous planning 
regulations (1982 planning rule) to the new regulations (2005 planning 
rule). Specifically, Sec.  219.14 of the 2005 planning rule allows 
plans to be amended under either the 1982 planning rule or the 2005 
planning rule during the transition period; however, newly initiated 
revisions may only use the 2005 planning rule.
    On August 5, 2005, the Ninth Circuit Court of Appeals issued a 
decision in Natural Resources Defense Council v. U.S. Forest Service, 
421 F.3d 797, that found defects in the 1997 Final EIS and Record of 
Decision for the Tongass Land Management Plan. The court's analysis of 
the 1997 forest plan was made in the context of the 1982 planning 
regulations. Thus, the agency wishes to have the option of using the 
1982 planning regulations during the remand. For this unique situation, 
this final rule amends 36 CFR 219.14(d)(1) to allow the Tongass 
National Forest land management plan to be revised using either the 
1982 planning rule or the 2005 planning rule.

Summary of Public Comments and the Department's Responses

    The proposed rule was published in the Federal Register on January 
4, 2006, for a 30-day public comment period (71 FR 307). The Forest 
Service received eight comments on the proposed rule, one from an 
individual, one from an Alaska Native tribe, and six from environmental 
organizations. All comments were considered in reaching a decision on 
the final rule. All comments received supported the proposed rule and 
encouraged the Forest Service to use the 1982 planning rule instead of 
the 2005 planning rule in revising the Tongass Land Management Plan to 
respond to the decision of the Ninth Circuit. The Department 
appreciates the support for the proposed rule and the flexibility it 
will provide. The Forest Service will decide to use either the 1982 or 
2005 planning rule in revising the Tongass Land Management Plan, and 
will take the comments received on the proposed rule into account in 
making that decision.

Regulatory Certifications

Regulatory Impact

    This final rule has been reviewed under USDA procedures and 
Executive Order 12866, Regulatory Planning and Review. It has been 
determined that this is not a significant rule. This rule will 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. This rule will not interfere 
with an action taken or planned by another agency nor raise new legal 
or policy issues. Finally, this action will not alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients of such programs. Accordingly, 
this final rule is not subject to Office of Management and Budget 
review under Executive Order 12866.

Proper Consideration of Small Entities

    This final rule has 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.). The 
final rule makes a technical change to the transition language of the 
2005 planning rule, to allow the Tongass National Forest to use either 
the current planning regulations or the regulations in effect before 
November 9, 2000, for its next land management plan revision. An 
initial small entities flexibility assessment has been made, which 
indicates that the final rule will impose no additional requirements on 
the affected public, which includes small businesses, small not-for-
profit organizations, or small units of government. Accordingly, it has 
been determined that this final rule will not have a significant 
economic impact on a substantial number of small entities as defined by 
SBREFA.

No Environmental Impact

    This final rule allows the Tongass National Forest to use either 
the existing planning regulations or the planning regulations in effect 
before November 9, 2000, for the next revision of its land management 
plan to respond to the court's order. As such, the final rule has no 
direct and immediate effects regarding the occupancy and actual use of 
the Tongass National Forest. Section 31.12 (2) of Forest Service 
Handbook 1909.15 (57 FR 43168; 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 instruction.'' The 
2005 planning regulations are a Service-wide program process. The 
Department's assessment is that this rule falls within this category of 
actions and that no extraordinary circumstances exist which would 
require preparation of an environmental assessment or an environmental 
impact statement.

Energy Effects

    This final rule has been reviewed under Executive Order 13211 of 
May 18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. It has been determined that this 
rule does not constitute a significant energy action as defined in the 
Executive order. Procedural in nature, this final rule allows the 
Tongass National Forest to use either the regulations currently in

[[Page 10838]]

place or the planning regulations in effect before November 9, 2000, 
for the next revision of its land management plan to respond to the 
court's order. This plan is a programmatic document that provides 
guidance and information for future project-level resource management 
decisions. The revised plan may designate major rights-of-way corridors 
for utility transmission lines, pipelines, and water canals. The 
effects of such designations on energy supply, distribution, or use 
will be considered at the time such designations are proposed.

Controlling Paperwork Burdens on the Public

    This final rule does not contain any additional record keeping or 
reporting requirements or other information collection requirements as 
defined in 5 CFR part 1320 that are not already required by law or not 
already approved for use and, therefore, imposes no additional 
paperwork burden on the public. Accordingly, the review provisions of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its 
implementing regulations at 5 CFR part 1320 do not apply.

Federalism

    The Department has considered this final rule under the 
requirements of Executive Order 13132, Federalism. The Department has 
made an assessment that the rule conforms with the Federalism 
principles set out in this Executive order; would not impose any 
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, nor on the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
Department concludes that the final rule does not have Federalism 
implications.

Consultation With Tribal Governments

    This final rule does not have tribal implications as defined in 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, and, therefore, advance consultation with tribes is not 
required.

No Takings Implications

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12630, and it has been 
determined that the rule does not pose the risk of a taking of private 
property. This final rule only allows the Tongass National Forest to 
use either the existing planning regulations or the regulations in 
effect before November 9, 2000, for its next plan revision.

Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The Department has not identified any State or 
local laws or regulations that are in conflict with this regulation or 
that would impede full implementation of this rule. After adoption of 
this final rule: (1) All State and local laws or regulations that 
conflict with this rule or that would impede full implementation would 
be preempted; (2) no retroactive effect would be given to this final 
rule; and (3) the final rule would not require the use of 
administrative proceedings before parties could file suit in court 
challenging its 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 Department has assessed the effects of this final rule on 
State, local, and Tribal governments and the private sector. This final 
rule does not compel the expenditure of $100 million or more by any 
State, local, or Tribal governments or anyone in the private sector. 
Therefore, a statement under section 202 of the act is not required.

List of Subjects in 36 CFR Part 219

    Administrative practice and procedure, Environmental impact 
statements, Indians, Intergovernmental relations, Forest and forest 
products, National forests, Natural resources, Reporting and 
recordkeeping requirements, Science and technology.


0
Therefore, for the reasons set forth in the preamble, the Department of 
Agriculture amends subpart A of part 219 of title 36 of the Code of 
Federal Regulations as follows:

PART 219--PLANNING

Subpart A--National Forest System Land Management Planning

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1. The authority citation for subpart A continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.


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2. Amend Sec.  219.14 by revising paragraph (d)(1) to read as follows:


Sec.  219.14  Effective dates and transition.

* * * * *
    (d)(1) Plan development and plan revisions initiated after January 
5, 2005 must conform to the requirements of this subpart, except that 
the plan for the Tongass National Forest may be revised once under this 
subpart or the planning regulations in effect before November 9, 2000.
* * * * *

    Dated: February 22, 2006.
David P. Tenny,
Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 06-2021 Filed 3-2-06; 8:45 am]
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