[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Notices]
[Pages 30375-30376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8136]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC44


Notice of Proposed Native Plant Material Policy, Forest Service 
Manual (FSM) 2070

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed directive; request for comment.

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SUMMARY: The Forest Service is proposing to establish a new directive 
to Forest Service Manual (FSM) 2070 for native plant materials, which 
will provide direction for the use, growth, development, and storage of 
native plant materials. Public comment is invited and will be 
considered in development of the final directive. A copy of the 
proposed directive is available at http://www.fs.fed.us/rangelands/whoweare/documents/FSM2070_Final_2_062905.pdf.

DATES: Comments must be received in writing by July 25, 2006.

ADDRESSES: Send written comments via the U.S. Postal Service to; Native 
Plant Materials Proposed Directive, Rangeland Management Staff, MAIL 
STOP 1103, Forest Service, USDA, 1400 Independence Avenue, SW., 
Washington, DC 20250, or by facsimile to (202) 205-1096 or by e-mail to 
[email protected]. If comments are sent via facsimile or e-mail, 
the public is asked not to submit duplicate written comments by mail. 
Please confine comments to issues pertinent to the proposed directive 
and explain the reasons for any recommended changes. All comments, 
including names and addresses when provided, are placed in the record 
and are available for public inspection and copying at 201 14th Street, 
SW., Washington, DC, during regular business hours, 8:30 a.m. to 4:30 
p.m., Monday through Friday, except holidays. Persons wishing to 
inspect the comments are encouraged to call in advance to Brian Boyd, 
(202) 205-1496 to facilitate entrance into the building.

FOR FURTHER INFORMATION CONTACT: Larry Stritch, Rangeland Management 
Staff, USDA Forest Service, Mailstop 1103, 1400 Independence Avenue, 
SW., Washington, DC 20250, (202) 205-1279.

SUPPLEMENTARY INFORMATION: Title 36 CFR 219.10(b) states: ``The overall 
goal of the ecological element of sustainability is to provide a 
framework to contribute to sustaining native ecological systems by 
providing ecological conditions to support diversity of native plant 
and animal species in the plan area.'' Executive Order 13112 (February 
3, 1999, sec. 2(a)(2)(IV)) on invasive species states the agencies will 
``provide for restoration of native species and habitat conditions in 
ecosystems that have been invaded [by non-native species].'' In 
accordance with the executive order and regulation, the Forest Service 
is developing a new proposed directive to Forest Service Manual (FSM) 
2070, Native Plant Materials, which addresses the uses of native plant 
materials in the revegetation, restoration, and rehabilitation of 
National Forest System lands in order to achieve the Agency's goal of 
providing for the diversity of plant and animal communities. The 
proposed policy would direct collaboration with federal, State, and 
local government entities and the public to develop and implement a 
program for native plant materials for use in revegetation, 
restoration, and rehabilitation.
    In proposing this new policy, the Forest Service's goal is to 
promote the use of native plant materials in revegetation for 
restoration and rehabilitation in order to manage and conserve 
terrestrial and aquatic biological diversity. The proposed policy 
defines a native plant as: All indigenous terrestrial and aquatic plant 
species that evolved naturally in an ecosystem. The proposed policy 
also requires the use of best available information to choose 
ecologically adapted plant materials for the site and situation. 
Further, the proposed policy states that native plants are to be used 
when timely natural regeneration of the native plant community is not 
likely to occur; native plant materials are the first choice in 
revegatation for restoration and rehabilitation efforts. Nonnative, 
non-invasive plant species may be used when needed: (1) In emergency 
conditions to protect basic resource values such as soil stability and 
water quality; (2) as an interim, non-persistent measure designed to 
aid in new establishment of native plants (unless natural soil, water 
and biotic conditions have been permanently altered); (3) native plant 
species are not available; and (4) when working in permanently altered 
plant communities. Under no circumstances will nonnative invasive plant 
species be used.
    When the proposed policy is issued as final, the Forest Service 
will: (1) Undertake a comprehensive assessment of needs (type and 
amount) for native plant materials; (2) invest in a long-term 
commitment to research and development, education, and technology 
transfer for native plant materials; (3) expand efforts to increase the 
availability of native plant materials; and (4) collaborate with other 
federal agencies; tribal, State, and local governments; academic 
institutions; and the private sector.

[[Page 30376]]

Regulatory Certifications

Regulatory Impact

    This proposed directive has been reviewed under USDA procedures and 
Executive Order 12866 (September 30, 1993) on regulatory planning and 
review. It has been determined that this is not a significant action. 
This proposed action to provide agency direction 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. This proposed action would 
not interfere with an action taken or planned by another agency nor 
raise new legal or policy issues. Finally, this proposed action would 
not alter the budgetary impact of entitlements, grants, user fees, or 
loan programs or the rights and obligations of recipients program. 
Accordingly, this proposed action is not subject to Office of 
Management and Budget review under Executive Order 12866.

Environmental Impact

    These proposed additions to Forest Service Manual (FSM) 2070 would 
address the use of native plant materials in revegetation, 
rehabilitation, and restoration projects; and when nonnative, 
noninvasive species may be used. Section 31.1b of Forest Service 
Handbook (FSH) 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 
Agency's preliminary assessment is that this proposed action falls 
within this category of actions, and that no extraordinary 
circumstances exist as currently defined which would require 
preparation of an environmental impact statement or environmental 
assessment. A final determination will be made upon adoption of the 
final directive.

Federalism

    The agency has considered this proposed directive under the 
requirements of Executive Order 13132 (August 4, 1999) on federalism. 
The agency has made an assessment that the proposed directive 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 Agency concludes that the proposed directive does not 
have federalism implications.

Consultation and Coordination With Indian Tribal Governments

    This proposed directive has been reviewed under Executive Order 
13175 (November 6, 2000) on consultation and coordination with Indian 
tribal governments. This proposed directive does not have substantial 
direct effects on one or more Indian tribes, on the relationship 
between the federal government and Indian tribes, or on the 
distribution of power and responsibilities between the federal 
government and Indian tribes. Nor does this proposed directive impose 
substantial direct compliance costs on Indian tribal governments or 
preempt tribal law. Therefore, it has been determined that this 
proposed directive does not have tribal implications requiring advance 
consultation with Indian tribes.

No Takings Implications

    This proposed directive has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12630 (March 15, 
1998) on governmental actions and interference with constitutionally 
protected property rights. It has been determined that the proposed 
directive does not pose the risk of a taking of constitutionally 
protected private property.

Civil Justice Reform Act

    This proposed action has been reviewed under Executive Order 12988 
(February 7, 1996) on civil justice reform. If this proposed directive 
were adopted: (1) All State and local laws and regulations that are in 
conflict with this proposed directive or which would impede its full 
implementation would be preempted; (2) no retroactive effect would be 
given to this proposed directive; and (3) it would not require 
administrative proceedings before parties may file suit in court 
challenging its provisions.

Energy Effects

    This proposed directive has been reviewed under Executive Order 
13211 (May 18, 2001) on actions concerning regulations that 
significantly affect energy supply, distribution, or use. It has been 
determined that this proposed directive does not constitute a 
significant energy action as defined in the Executive Order.

Controlling Paperwork Burdens on the Public

    This proposed directive does not contain any additional 
recordkeeping or reporting requirements associated with onshore oil and 
gas exploration and development or other information collection 
requirements as defined in Title 5 Code of Federal Regulations (CFR), 
part 1320. 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.

    Dated: May 16, 2006
Dale N. Bosworth,
Chief, Forest Service.
[FR Doc. E6-8136 Filed 5-25-06; 8:45 am]
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