[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67120-67123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26939]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC66


Land Management Plan Guidance

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency interim directive; request for 
comment.

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SUMMARY: The Forest Service is issuing an interim directive revising 
Forest Service Handbook 1909.12, chapter 10, to guide agency employees 
in developing, amending, or revising land management plans for units of 
the National Forest System about the content of land management plans. 
The chapter focuses particularly on writing plan components, describing 
the monitoring program, and considering individual resources during the 
planning process. The intended effect of issuing this interim directive 
is to provide consistent, overall guidance to Forest Service line 
officers and agency employees. As an interim directive, the direction 
is effective immediately. Public comment is invited and will be 
considered in developing a final directive.

DATES: Interim directive number 1909.12-2008-2 is effective November 
13, 2008. Comments must be received in writing by January 12, 2009.

ADDRESSES: Send written comments concerning this interim directive 
through one of the following methods: E-mail: 
[email protected]. Include ``planning directives'' in the 
subject line of the message. Fax: 202-205-1012. Please identify your 
comments by including ``planning directives'' on the cover sheet or the 
first page. Mail: Planning Directives; Forest Service; U.S. Department 
of Agriculture; Ecosystem Management Coordination; Mailstop 1104, 3rd 
Floor--Center Wing; Washington, DC 20250-1104. All comments, including 
names and addresses when provided, are placed in the record and are 
available for public inspection and copying. Persons wishing to inspect 
the comments are encouraged to call ahead (202-205-0895) to facilitate 
entrance into the building.
    The directive is available electronically from the Forest Service 
via the World Wide Web/Internet at http://www.fs.fed.us/im/directives 
or at http://www.fs.fed.us/emc/nfma/index.htm. You may request a 
compact disc (CD) copy of the interim directive by contacting Regis 
Terney by email ([email protected]), by phone at 1-866-235-6652 or 202-
205-0895, or by mail at Regis Terney; Forest Service; U.S. Department 
of Agriculture; Mailstop 1104, EMC, 3 Central; 1400 Independence 
Avenue, SW.; Washington, DC 20050-1104.

FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist, 
Ecosystem Management Coordination Staff, 202-205-0895.

SUPPLEMENTARY INFORMATION: The Forest Service Directive System consists 
of the Forest Service Manual (FSM) and the Forest Service Handbook 
(FSH), which contain the Agency's policies, practices, and procedures 
and serve 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 
execute programs and activities, while the FSH is the principal source 
of specialized guidance and instruction for carrying out the policies, 
objectives, and responsibilities contained in the FSM.
    On January 31, 2006, the Forest Service, U.S. Department of 
Agriculture, issued final agency directives for National Forest System 
Land Management Planning and published a notice of issuance of agency 
final directives in the Federal Register (71 FR 5124). The final agency 
directives included FSH 1909.12, chapter 10, ``Land Management Plan.'' 
On April 21, 2008, the Department replaced the planning rule for the 
National Forest System that it had issued in 2005 (2005 rule) (70 FR 
1022,), as amended 71 FR 10837, March 3, 2006) with a new planning rule 
(73 FR 21468, 36 CFR part 219, subpart A). The 2008 planning rule 
provides broad programmatic direction in developing and carrying out 
land management planning. The rule explicitly directs the Chief of the 
Forest Service to establish planning procedures in the Forest Service 
Directive System (36 CFR 219.1(c)).
    This interim directive makes necessary changes to FSH 1909.12, Land 
Management Planning Handbook, chapter 10, to clarify the procedures on 
writing plan components, on describing the monitoring program, and on 
considering individual resources to aid consistent interpretation and 
application of the direction by agency personnel. Our Washington Office 
review of several proposed land management plans showed that changes in 
procedural and technical details are necessary. These changes in 
procedural and technical details associated with carrying out the 2008 
planning rule at 36 CFR part 219 are needed immediately for use by 
units beginning plan revisions or resuming plan revisions under the 
2008 rule. Approximately 40 plan revision efforts are currently 
ongoing. The Forest Service expects 38 unit supervisors of the ongoing 
current plan revisions to use the 2008 planning rule to finish their 
plan revisions. In the next few months, many of these units will be 
developing plan components, monitoring programs, and considering 
individual resources in collaboration with the public. It is imperative 
that this direction is effective immediately so that units use the 
proper procedures.

Overview

    The interim directive guides agency employees to develop, amend, or 
revise land management plans that meet the

[[Page 67121]]

intent of the 2008 planning rule. The interim directive sets forth the 
common characteristics of all land management plans developed, amended 
and revised under the 2008 rule and adds new direction or clarifies 
existing direction.
    Specifically, the interim directive focuses on writing plan 
components, describing the monitoring program, and considering 
individual resources. The interim directive sets forth direction that 
special areas are limited to existing categories established by 
Congress, the Department, or the Agency. The interim directive adds a 
list of the characteristics of standards; in addition, adds guidance on 
appropriate NEPA for standards. The interim directive sets forth 
direction for how to include other information besides plan components 
such as explanatory narrative and management approaches. The interim 
directive clarifies how projects or activities must be consistent with 
applicable plan components, as required by the NFMA (16 U.S.C. 
1604(i)). The interim directive sets forth that the responsible 
official should use the ``NFS LMP Monitoring and Evaluation Framework'' 
when describing the monitoring program. The framework is available on 
the Agency Web site at http://www.fs.fed.us/emc/met/. The interim 
directive sets forth direction about soils. Finally, the interim 
directive clarifies direction for evaluation and establishing plan 
components for many individual resources including: Access, roads, 
trails, and travel management; air management; cultural resources; fire 
and fuels management; land use and special uses; minerals including 
energy minerals; paleontological resources; range management; 
recreation and scenery management; and water.

Section-by-Section Discussion

    Section 10.2 Objectives. This section sets forth the objectives of 
this chapter. The interim directive removes obsolete direction on 
objectives and adds new direction on what employees should strive to 
accomplish by following direction in this chapter. This additional 
direction concerns adapting the plan to changing situations; carrying 
out the intent of the planning rule; including timber requirements in 
the content of the plan; and making wilderness recommendations, if 
appropriate. This section also reflects the nature of planning. The 
direction on adapting the plan to changing situations and the nature of 
planning is not new but is incorporated from the existing section 11 of 
chapter 10. Note that the heading ``Objectives'' here refers, not to 
the plan component but to the overall objectives of the chapter. 
``Objectives'' is a standard section of Forest Service directives.
    Section 10.4 Responsibility. This section describes the 
responsibilities of line officers. The interim directive adds direction 
to use a collaborative and participatory approach to plan development, 
plan amendment, and plan revision. This section sets forth 
responsibilities for about adapting the plan to changing situations, 
projects, and activities previously in section 11.
    Section 11 Plan Components and Other Plan Contents. This section 
provides direction for writing plan components and other plan content. 
The interim directive removes direction about the nature of planning, 
about adapting the plan to changing situations, and about developing 
projects and activities because the direction was added to sections 
10.2 and 10.4. Removes obsolete direction about developing budgets.
    Section 11.1 Plan Components. This section describes appropriate 
desired conditions, objectives, guidelines, suitability of areas, 
special areas, and standards. The interim directive removes direction 
that a plan must include provisions required by 16 U.S.C. 1604 and 1611 
and substitutes the requirement that the plan must include resource 
management provisions required by 36 CFR 219.9(b). The interim 
directive adds direction that plan components should not include 
explanatory narrative. The interim directive adds the definition of 
geographic areas. The interim directive removes obsolete reference to 
technical guide ``Developing Plan Components with Examples.''
    Section 11.1, Exhibit 01, Sample Plan Components. The interim 
directive revised the examples of plan components that had been in this 
exhibit in the existing FSH chapter 10.
    Section 11.11 Desired Conditions. The interim directive clarifies 
and adds direction so that desired conditions are written to meet the 
intent of the planning rule. The interim directive adds a list of the 
characteristics of desired conditions.
    Section 11.12 Objectives. The interim directive clarifies and adds 
direction so that objectives are written to meet the intent of the 
planning rule. The interim directive adds a list of the characteristics 
of objectives.
    Section 11.13 Guidelines. The interim directive clarifies and adds 
direction so that guidelines are written to meet the intent of the 
planning rule. The interim directive adds a list of the characteristics 
of guidelines.
    Section 11.14 Suitability of Areas. The interim directive clarifies 
and adds direction so that identifications of suitability of areas are 
written to meet the intent of the planning rule. The interim directive 
adds that plans may identify areas as ``not generally suitable'' for 
uses. The interim directive adds that any substantive change in plan 
suitability for timber production may only be made by a plan amendment. 
The interim directive clarifies that identification in a plan of 
suitability is tentative and final suitability is determined when 
projects and activities are approved.
    Section 11.15 Special Areas. The interim directive clarifies and 
adds direction so that identification of special areas meets the intent 
of the planning rule. The interim directive adds that the intent to 
include special areas in plans is not to expand special areas into new 
categories, but rather to assure that plans recognize existing 
categories established by Congress, the Department, or the Agency. The 
interim directive adds direction to deal with the situation where the 
responsible official lacks authority to designate a special area. The 
interim directive removed direction about proposed adjustments in 
national forest boundaries (now discussed in section 13.13f of the 
interim directive). The interim directive adds direction that a plan 
may establish other plan components for special areas. The interim 
directive adds direction that if an area does not meet the 
qualifications for a special area it may be identified as a management 
area.
    Section 11.5, Exhibit 01, Special Area--Designating Official and 
Guidance Cross-Reference. The interim directive adds the following 
areas to the list of potential special areas: historical area, national 
heritage area, paleontological area, recreational area, scenic area, 
and zoological area. The interim directive clarifies the designation 
authority for these areas.
    Section 11.16 Standards. This is a new section, which sets forth 
direction for writing standards in accordance with 36 CFR 219.7(a)(3). 
The interim directive adds a list of the characteristics of standards; 
adds guidance about actions that are not standards, and adds guidance 
on NEPA compliance and standards. Also, adds guidance on retaining, 
revising, or removing existing standards based on the Federal Register 
notice for ``National Environmental Policy Act Documentation Needed for 
Developing, Revising, or Amending Land Management Plans; Categorical 
Exclusion'' (71 FR 75481, December 15, 2006, page 75486).

[[Page 67122]]

    Section 11.2 Project and Activity Consistency with the Plan. This 
section was section 11.4 in the existing chapter 10 of this handbook. 
The ``Plan Consistency Template'' has also been moved to this section, 
from section 11.4 in the existing chapter. This section modifies the 
wording to clarify how projects or activities must be consistent with 
applicable plan components similar to the tentative wording set out in 
the preamble to the final rule, Volume 73 of the Federal Register, page 
21491, April 21, 2008. This section clarifies the previous direction 
and adds new wording in the template that explains how projects and 
activities are consistent with applicable components, including 
standards.
    Section 11.3 Possible Actions. This section was section 11.2 in the 
prior chapter 10 of this handbook. This section modifies the wording of 
the prior section to meet the intent of section 6(f)(2)(g) of the 
National Forest Management Act (16 U.S.C. 1604(f)(2)), which states 
plans shall ``be embodied in appropriate written material, * * * 
reflecting proposed and possible actions, including the planned timber 
sale program and the proportion of timber harvest within the unit 
necessary to fulfill the plan.''
    Section 11.4 Plan Guidance for Special Conditions or Situations. 
This section sets forth the guidance for special conditions or 
situations that was previously in section 11.3.
    Section 11.5 Other Information. This new section sets forth 
direction for including ``other information'' in plans in addition to 
plan components such as: explanatory narrative, general management 
principles, management approaches, management challenges, referenced 
material, or roles and contributions.
    Section 11.6 Management Approaches. This new section sets forth 
direction for including ``management approaches'' in plans.
    Section 12 Monitoring. The interim directive clarifies and adds 
additional direction about using the monitoring and evaluation 
framework described in the ``NFS LMP Monitoring and Evaluation 
Framework'' available on the Agency Web site at http://www.fs.fed.us/emc/met/. The interim directive removes the requirement that monitoring 
must ``address the minimum timber management requirements of the 
National Forest Management, for example, restocking, cut block size and 
shape, and watershed protection.'' The interim directive adds the 
requirement that monitoring should focus on where there is substantial 
uncertainty over the effectiveness of a plan component in contributing 
to the achievement or maintenance of desired conditions.
    Section 12, Exhibit 01, Example of a Subset of a Monitoring Program 
for a Plan. The interim directive clarifies the examples of desired 
conditions and questions in the example of a monitoring program in a 
plan.
    Section 12.1 Selecting Monitoring Questions. This section had been 
captioned ``Monitoring Questions'' in the existing chapter 10 of this 
handbook. The interim directive changes the discussion from screening 
monitoring questions to selecting monitoring questions.
    Section 12.2 Performance Measures. The interim directive clarifies 
the discussion of performance measures and adds a definition of 
performance measures. The interim directive adds that measures should 
be based on standardized data in corporate data systems or other 
official sources.
    Section 12.3 Documents Associated with the Monitoring Program. This 
section had been captioned ``Documenting the Monitoring Program'' in 
the existing chapter 10 of this handbook. The interim directive 
clarifies the description of the annual evaluation report, 
comprehensive evaluation report, monitoring guide, and annual 
monitoring work plan.
    Section 13 Consideration of Individual Resources. The interim 
directive clarifies the references to direction in other chapters of 
this handbook for considering social, economic, and ecological 
sustainability; timber; wilderness; and wild and scenic rivers. To 
simplify the discussion and to be clear, the interim directive removes 
the obsolete discussion of three phases of the planning process: 
initial evaluation to determine the need for change, evaluation of plan 
components, and integration into the plan. Direction about the 
responsible official identifying and selecting the parameters for 
evaluation has been added to section 13.1.
    Section 13.1 Resource Considerations. The interim directive adds 
direction to evaluate sustainability within an area large enough to 
consider broad-scale social, economic, and ecological factors and 
trends over large landscapes based on policy of FSM 1920.3.
    Section 13.11a Paleontological Resources. The interim directive 
revised the discussion of paleontological resources from focus on 
special areas to a focus on desired conditions and objectives for 
paleontological resources.
    Section 13.11b Air Management. The interim directive revises 
caption from ``Air'' to ``Air Management'' and clarifies the direction 
for evaluation and establishing plan components for air management.
    Section 13.11 Water. The interim directive clarifies direction for 
evaluation and establishing plan components for water.
    Section 13.11d Soil. This new section codes and sets forth 
direction for evaluation and establishing plan components for soil.
    Section 13.12a Fire and Fuels Management. This section had been 
captioned ``Fire, Aviation, and Fuels Management'' in the existing 
chapter 10 of this handbook. The interim directive clarifies direction 
for evaluation and establishing plan components for fire and fuels 
management. The interim directive adds examples of desired conditions 
and guidelines for fire and fuels management.
    Section 13.12b Large Fire Cost Containment. The interim directive 
clarifies direction for large fire cost containment. The interim 
directive removes reference to wildland fire situation analysis and 
wildland fire implementation plan.
    Section 13.12c Wildlife and Fisheries. No change to this section.
    Section 13.13a Recreation and Scenery Management. This section had 
been captioned ``Recreation and Scenery'' in the existing chapter 10 of 
this handbook. The interim directive clarifies direction for recreation 
and scenery management in the planning process.
    Section 13.13b Cultural Resources. The interim directive revises 
caption from ``Heritage Resources'' to ``Cultural Resources.'' The 
interim directive clarifies direction for cultural resources in the 
planning process.
    Section 13.13c Minerals Including Energy Minerals. This section was 
section 13.3d of the existing chapter 10 of this handbook. The interim 
directive adds direction for establishing desired conditions, 
objectives, and guidelines for minerals. The interim directive 
clarifies existing direction about recognizing minerals in the planning 
process previously contained at section 13.13d.
    Section 13.13d Range Management. This section was section 13.3e of 
the existing chapter 10 of this handbook. The interim directive 
clarifies existing direction about range management and wild horse-
burro territory boundaries in the planning process.
    Section 13.13e Access, Roads, Trails, or Travel Management. This 
section was section 13.13f of the existing chapter 10 of this handbook. 
The interim directive clarifies existing direction about access, roads, 
trails, and

[[Page 67123]]

travel management in the planning process previously contained at 
section 13.13f. The interim directive adds direction related to the 
requirement in the travel management regulations, at 36 CFR 212.5(b) to 
identify a minimum road system to be documented in the forest 
transportation atlas.
    Section 13.13f Land Use and Special Uses. This section was section 
13.3g of the existing chapter 10 of this handbook. The interim 
directive clarifies existing direction about land use and special uses 
in the planning process previously contained at section 13.13g. The 
interim directive adds requirement that if the administrative unit 
proposes to recommend adjustment in the national forest boundary that 
Washington Office notice is required.
    Section 13.2. The interim directive removes this section on 
individual resource analytical tools because the information about 
tools has been moved to appropriate places within section 13.

Regulatory Certifications

Regulatory Impact

    This interim directive has been reviewed under USDA procedures and 
Executive Order 12866, Regulatory Planning and Review. It has been 
determined that this is not a significant action. This interim 
directive to clarify agency guidance 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 interim directive would not interfere with 
an action taken or planned by another agency nor raise new legal or 
policy issues. Finally, this interim directive would 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 proposed action is not subject to Office of 
Management and Budget review under Executive Order 12866.
    Moreover, this proposed action has been considered in light of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it has been 
determined that this proposed action would not have a significant 
economic impact on a substantial number of small entities as defined by 
the act because it will not impose recordkeeping requirements on them; 
it would not affect their competitive position in relation to large 
entities; and it would not affect their cash flow, liquidity, or 
ability to remain in the market.

Environmental Impact

    This interim directive to Forest Service Handbook (FSH) 1909.12, 
chapter 10, clarifies direction and guides agency employees on writing 
plan components, on describing the monitoring program, and on 
considering individual resources. This interim directive amends Forest 
Service Handbook 1902.12, chapter 10. The intended effect of issuance 
of this interim directive is to provide consistent overall guidance to 
Forest Service line officers and employees in developing, amending, or 
revising land management plans for units of the National Forest System 
about land management planning. Title 36, Code of Federal Regulations, 
section 220.6(d)(2) excludes from documentation in an environmental 
assessment or environmental impact statement ``Rules, regulations, or 
policies to establish servicewide administrative procedures, program 
processes, or instructions'' (73 FR 43084, July 24, 2008). The Agency's 
conclusion is that this interim directive, which simply sets out 
guidance for the planning process and makes no resource management 
decisions, falls 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.

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 Agency has assessed the effects of this interim directive on 
State, local, and tribal governments and the private sector. This 
interim directive would 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.

Controlling Paperwork Burdens on the Public

    This interim directive does not contain any additional 
recordkeeping or reporting requirements associated with National Forest 
System land management planning 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. The Office of 
Management and Budget (OMB) (Number 0596-00158) has approved the 
information collection associated with the submitting an objection 
under the planning rule (36 CFR part 219). 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.

Conclusion

    This interim directive provides consistent interpretation of the 
planning rule for line and staff officers, and interdisciplinary teams. 
Therefore, the Agency can fulfill its commitment to improve public 
involvement and decisionmaking associated with developing, amending, or 
revising a land management plan.
    The full text of this handbook is 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 telephone numbers listed 
earlier in this notice as well as from the nearest regional office, the 
location of which are also available on the Washington Office 
headquarters homepage on the World Wide Web at http://www.fs.fed.us.

    Dated: October 9, 2008.
Abigail R. Kimbell,
Chief, Forest Service.
 [FR Doc. E8-26939 Filed 11-12-08; 8:45 am]
BILLING CODE 3410-11-P