[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Notices]
[Pages 25824-25829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10363]


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DEPARTMENT OF AGRICULTURE

Forest Service

[0596-AC71]


Proposed Directives for National Best Management Practices (BMPs) 
for Water Quality Protection on National Forest System (NFS) Lands

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed directives; request for public comment.

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SUMMARY: The Forest Service proposes to revise Forest Service Manual 
(FSM 2500) and Handbook (FSH 2509.19) directives for best management 
practices (BMPs) for water quality protection on National Forest System 
(NFS) lands to establish a National system of BMPs and associated 
monitoring protocols and require their use on NFS lands in order to 
meet existing mandates under the Federal Water Pollution Control Act 
Amendments of 1972 (Clean Water Act) (Pub. L. 92-500) and corresponding 
State laws. The National system of BMPs would provide a systematic 
approach to protect water quality from land and resource management 
activities taking place on National forests and grasslands and utilize 
suitable monitoring, and established Regional, State, Tribal, and local 
BMPs. These proposed revisions would help ensure the consistent use and 
monitoring of BMPs and provide appropriate analyses for evaluating BMP 
implementation and effectiveness on a regular basis. Public comment is 
invited and will be considered in development of the final directives.

DATES: Comments must be received by July 7, 2014.

ADDRESSES: Submit comments electronically by following the instructions 
at the federal eRulemaking portal at http://www.regulation.gov. 
Comments may also be submitted by electronic mail to [email protected] 
or by mail to BMP Directive Comments, USDA Forest Service, Attn: 
Michael Eberle --WFWARP, 201 14th St. SW., Washington, DC 20250. If 
comments are submitted electronically, duplicate comments should not be 
sent by mail. Please confine comments to issues pertinent to the 
proposed directive, explain the reasons for any recommended changes, 
and, where possible, reference the specific section and wording being 
addressed. All comments, including names and addresses when provided, 
will be placed in the record and will be made available to the public 
for review and copying. The public may inspect the comments received on 
the proposed directive at the USDA Forest Service Headquarters, located 
in the Yates Federal Building at 201 14th Street SW., Washington, DC, 
on regular business days between 8:30 a.m. and 4:30 p.m. Those wishing 
to inspect the comments are encouraged to call ahead at (202) 205-1205 
to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Michael Eberle, Watershed, Fish, 
Wildlife, Air and Rare Plants Staff at (202) 205-1093. Individuals who 
use telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Service at (800) 877-8339 between 8:00 a.m. and 8:00 
p.m., Eastern Daylight Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

1. Background and Need for the Proposed Directive

    The Clean Water Act directs States and Tribes to develop BMPs to 
control water pollution from nonpoint sources. The Forest Service has a 
long history of using BMPs on NFS lands in cooperation with Federal, 
State, Tribal, and local water quality agencies. However, there has 
been no systematic, National approach that provides for consistent, 
credible documentation for BMP implementation and effectiveness with 
regard to land and resource management activities on NFS lands.
    The Forest Service recently placed renewed emphasis on water 
resources and subsequently developed several new initiatives for 
watershed protection and restoration which involve accelerated 
restoration, climate change, integrated resource management, fire-
adapted ecosystems, and the Agency-wide water framework. These efforts 
clarify the Forest Service need to improve performance and 
accountability in BMP implementation and effectiveness. The need for a 
more systematic approach to BMPs was incorporated into the 2012 Land 
Management Planning Rule, which includes a provision requiring the 
Agency to establish requirements for National water quality BMPs in its 
directive system (36 CFR Part 219.8(a)(4)).
    The Forest Service manages 193 million acres of Federal lands, much 
of which are located in the headwaters and

[[Page 25825]]

recharge areas of the Nation's water supplies. NFS lands provide 
sources of drinking water for people in 42 states and the Commonwealth 
of Puerto Rico. Thus, the Forest Service plays a critical role in the 
maintenance of water resource integrity associated with NFS lands and 
plans to take an active role, in cooperation with the States and 
Tribes, in the comprehensive management of water resources on those 
lands. The Washington Office, Watershed, Fish, Wildlife, Air and Rare 
Plants staff propose to amend the Forest Service Manual (FSM) 2532 and 
adopt Forest Service Handbook (FSH) 2509.19 as a key component of this 
effort.
    The Forest Service National BMP Program is a key resource 
management initiative in the agency. The Forest Service has 
successfully implemented BMPs for many years, often using individual 
State-by-State approaches and documentation requirements. However, 
within the last decade, it has become apparent that the lack of a 
National, systematic approach to document BMP implementation and 
effectiveness limits the Agency's ability to respond adequately to 
water quality concerns both on and adjacent to NFS lands. The Forest 
Service recognizes a need to establish a Nationally-consistent approach 
to address BMP implementation and effectiveness to clearly document the 
Agency's efforts to protect water resources. The establishment of clear 
national direction for BMP use and monitoring, for implementation on 
all NFS lands, would meet this need.
    NFS lands were set aside or acquired, at least in part, for the 
protection and management of water resources pursuant to statutory 
direction from Congress and the Forest Service recognizes the need to 
address water quality protection in a comprehensive manner. The Agency 
also recognizes that States, Tribes, and local governments also have 
responsibilities for water quality and that the management of water 
resources needs to be conducted cooperatively with those entities to be 
successful. Many States, Tribes, local governments, Federal Agencies, 
Forest Service Regions, and other entities have well-developed BMP 
programs that have been successfully implemented for many years. The 
Forest Service recognizes the importance of leveraging local knowledge 
to effectively protect water quality. Applicable State, Tribal, and 
local requirements and BMP programs, Forest Service regional guidance, 
and unit Land Management Plans are expected to provide the criteria for 
site-specific BMP prescriptions. This approach provides for the 
integration of the National program with existing BMPs.
    The Forest Service currently provides general direction to use BMPs 
in FSM 2530, entitled ``Water Resources Management'' (FSM 2532). The 
revisions to FSM 2532 would require the use of the Agency's National 
Core BMPs and National Core BMP Monitoring Protocols detailed in Agency 
technical guides FS-990a (April 2012) and FS-990b (in development), 
respectively. The technical guides can be found at: http://www.fs.fed.us/biology/resources/pubs/watershed/FS_National_Core_BMPs_April2012.pdf. The new FSH 2509.19 formally sets the requirements 
for the National Core BMPs and Monitoring Protocols. The proposed 
revisions to FSM 2532 and proposed new FSH 2509.19 are being published 
for public notice and comment as required by the National Forest 
Management Act (16 USC 1612(a)) because they establish new policies and 
procedures for water resources management on NFS lands. The proposed 
directives can be found at: http://www.fs.fed.us/biology/watershed/index.html.

2. Section-by-Section Analysis of Proposed Changes to FSM 2532, Water 
Quality Management

Summary of Proposed Changes

    Under the proposed directives:
     The National Best Management Practices Program would be 
formalized as the method for control of non-point sources of water 
pollution to achieve established Federal, State, Tribal or local water 
quality requirements.
     Implementation of the program would be required on all NFS 
lands.
     Forest Service staff roles and responsibilities would be 
modified to emphasize the establishment, implementation, and 
maintenance of the National BMP Program.
     Definitions for Best Management Practices for Water 
Quality (BMPs), National Core BMPs, National Core BMP Monitoring 
Protocols, and Reporting Period would be added for clarity.
     References would be added for guidance.
    Some typographical errors would be corrected and necessary 
numbering changes would be made.

2532.01--Authorities

    This section would be modified to add a reference to the legal 
authority for the establishment of agency requirements for BMPs for 
water quality.

2532.03--Policy

    This section would be modified to address the policies for water 
resource management on NFS lands. Paragraph 1 would be modified to 
provide direction for establishing and applying the National BMP 
Program to all land and resources management activities to achieve all 
applicable water quality goals.

2532.04--Responsibility

    This section would be modified to align the duties of the specified 
Forest Service staff with the modifications to the water quality 
management manual. The modifications would emphasize the establishment, 
implementation, and maintenance of the National BMP Program.

2532.05--Definitions

    This section would be modified to include four new definitions of 
technical terms used in the proposed directives. Definitions would be 
added for ``Best Management Practices for Water Quality (BMPs),'' 
``National Core BMPs,'' ``National Core BMP Monitoring Protocols,'' and 
``reporting period,'' because they are key terms used in the proposed 
directives to explain the new National BMP Program. These definitions 
explain that the National Core BMPs and associated Monitoring Protocols 
are nationally standardized and apply to the broad range of activities 
that occur on all NFS lands.

2532.06--References

    This proposed section would reference two Forest Service technical 
guides that provide details on the National Core BMPs and the 
associated monitoring protocols (National Best Management Practices for 
Water Quality Management on National Forest System Lands, Volume 1: 
National Core BMPs, FS-990a, and Volume 2: National Core BMP Monitoring 
Protocols, FS-990b).

2532.4--National BMP Program

Proposed Paragraph 1
    The paragraph would be modified to contain a general description of 
the National BMP Program. Proposed paragraph 1 would explain that the 
National BMP Program is consistent with existing water quality programs 
and will be standardized to be nationally consistent and use an 
adaptive management approach to improve Agency compliance with the 
Clean Water Act and State and Tribal water quality programs.

[[Page 25826]]

Proposed Paragraph 2
    Proposed paragraph 2 would establish the various parts of the 
National BMP Program and direct the use of the program on all NFS 
lands.
Proposed Paragraph 3
    Proposed paragraph 3 would explain how the National Core BMPs are 
intended to integrate with existing State, Tribal, or local BMPs to 
meet the objectives of the program.

3. Section-by-Section Analysis of Proposed Changes to FSH 2509.19, 
National Best Management Practices

2509.19--National BMP Program

Zero Code
    This proposed chapter would establish the authority, objectives, 
policy, responsibilities, definitions, and references pertinent to the 
National BMP Program.

2509.19 01--Authority

    This proposed section would reference both the FSM 2501 and the 
Land Planning regulation (36 CFR Part 219.8(a)(4)) for the authorities 
for water quality management on NFS lands.

2509.19 02--Objectives

    This proposed section would establish the primary objective of the 
National BMP Program Handbook (Handbook) which is to create a 
nationally consistent approach to water quality protection for land and 
resource management activities on NFS lands.
Proposed Paragraph 1
    Paragraph 1 would establish the objective of using BMPs to protect 
soil, water quality, and riparian resources to meet the intent of laws, 
Executive Orders, and USDA directives.
Proposed Paragraph 2
    Paragraph 2 would establish the objective of providing a consistent 
process for rating and reporting the implementation and effectiveness 
of BMPs.
Proposed Paragraph 3
    Paragraph 3 would establish the objective of applying adaptive 
management strategies to improve water quality protection if BMP 
implementation or effectiveness problems are found.

2509.19 03--Policy

Proposed Paragraph 1
    This proposed section would provide the specific policy statements 
for the National BMP Program. Paragraph 1 would provide for a 
consistent national approach for the application of nonpoint source 
pollution management strategy on NFS lands.
Proposed Paragraph 2
    Paragraph 2 would provide for adaptive management principles to be 
incorporated into the BMP Program.
Proposed Paragraph 3
    Paragraph 3 would establish the use of National Core BMPs in land 
management activities as the method to meet established water quality 
goals. Paragraph 3a would direct the use of applicable direction or 
guidance to develop site-specific BMP prescriptions. Paragraph 3b would 
direct the proper installation and maintenance of appropriate site-
specific BMP prescriptions to maintain or improve water quality.
Proposed Paragraph 4
    Paragraph 4 would establish the use of National Core BMP Monitoring 
Protocols and reporting system. This paragraph would also provide 
guidance for monitoring BMP implementation and effectiveness and 
associated data management.
Proposed Paragraph 5
    Paragraph 5 would establish the use of BMP monitoring results to 
inform adaptive management processes, improve administrative 
procedures, and enhance coordination with other agencies.
Proposed Paragraph 6
    Paragraph 6 would provide for the sharing of BMP monitoring 
findings with partners.

2509.19 04--Responsibility

    This proposed paragraph would reference FSM 2532.04 for the 
responsibilities that apply to this section.

2509.19 05--Definitions

    This proposed section would include definitions of terms used in 
the proposed directive. Definitions would be added for ``Adaptive 
Management,'' ``Adaptive Monitoring,'' ``Aquatic Management Zone, '' 
``Beneficial Use,'' ``BMP Effectiveness Monitoring,'' ``BMP 
Implementation Monitoring,'' ``Regional BMP Supplement,'' ``Reporting 
period,'' ``Site-specific BMP prescriptions,'' ``Water quality,'' and 
``Waterbody.''

2509.19 06--References

    This section would provide three additional references to those 
listed in the references section in the Water Quality Management Manual 
(FSM 2532.06).
Chapter 10--National Core Best Management Practices
    This proposed chapter would establish direction for development of 
the National Core BMPs.

2509.19 10.3--Policy

    This proposed section would provide specific policy statements for 
the National Core BMPs.
Proposed Paragraph 1
    Paragraph 1 would provide the purpose for the National Core BMPs.
Proposed Paragraph 2
    Paragraph 2 would describe the National Core BMPs primary function, 
how they relate to existing State, Tribal, and local BMPs, and how they 
can be utilized to protect water quality.

2509.19 11--Resource Categories for National Core BMPs

    This proposed section would introduce resource management 
categories to facilitate the organization and development of the 
National Core BMPs.

2509.19 11.1--General Planning Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use in land management 
planning and project planning.

2509.19 11.2--Aquatic Ecosystems Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use while restoring 
aquatic ecosystems and working in or near waterbodies.

2509.19 11.3--Chemical Use Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use while working with 
chemical products.

2509.19 11.4--Facilities and Non-Recreation Special Uses Management 
Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use while constructing, 
operating, and restoring facilities and facility sites, and other non-
recreation special uses.

2509.19 11.5--Wildland Fire Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to

[[Page 25827]]

use during wildland fire activities, while not compromising firefighter 
and public safety.

2509.19 11.6--Minerals Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use in minerals 
management.

2509.19 11.7--Rangeland Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use in rangeland 
management.

2509.19 11.8--Recreation Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use while constructing and 
operating developed recreation sites and managing dispersed recreation 
uses.

2509.19 11.9--Road Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use while performing 
construction, operations, and maintenance of the NFS road system.

2509.19 11.10--Mechanical Vegetation Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use while performing 
mechanical vegetation treatments.

2509.19 11.11--Water Uses Management Activities

    This proposed section would direct that the National Core BMPs 
provide guidance for the appropriate BMPs to use during the 
construction and operation of water use developments and associated 
infrastructure.

2509.19 12--Focus National Core BMPs on Water Quality

    This proposed section would provide guidance on the primary intent, 
focus, and use of the National Core BMPs.

2509.19 13--General Nature of the National Core BMPs

    This proposed section would describe the use and applicability of 
the National Core BMPs and how to use site-specific BMPs prescriptions 
to address a variety of conditions and requirements. National Core BMPs 
may be supplemented to fulfill Regional needs.

2509.19 14--Source Documents for National Core BMPs

    This proposed section would describe an array of documents that can 
be used to develop the National Core BMPs to protect water quality.

2509.19 15--Maintenance of the National Core BMPs

    This proposed section would direct the use of adaptive management 
principles to modify and update National Core BMPs and resource 
management practices and direct a review interval of at least once 
every five years, to ensure the National Core BMPs and site-specific 
BMP prescriptions are current and effective.
Chapter 20--National Core Best Management Practices Implementation
    This proposed chapter would provide policy and direction for the 
incorporation of the National Core BMPs into Agency planning processes.

2509.19 20.3--Policy

    This proposed section would provide direction for establishing a 
process for the use of National Core BMPs and would describe when the 
planning-level National Core BMPs should be used.

2509.19 21--Land Management Planning

    This proposed section would require the establishment of plan 
components that address National Core BMPs that are consistent with 
Forest Service planning regulations. This section would also require 
water quality-related plan components to be specific to the 
administrative unit and to meet or exceed applicable requirements and 
regulations.

2509.19 22--Project Planning

    This proposed section would require the identification of 
appropriate National Core BMPs early in the planning process and would 
require the documentation of site-specific BMP prescriptions.

2509.19 23--Project Implementation

    This proposed section would require the inclusion and documentation 
of the site-specific BMP prescriptions throughout the project 
implementation process.
Chapter 30--National Core Best Management Practices Monitoring
    This proposed chapter would establish direction for the development 
of the National Core BMP Monitoring Protocols.

2509.19 30.3--Policy

    This proposed section would provide direction for the development 
and maintenance of National Core BMP Monitoring Protocols. National 
Core BMP Monitoring Protocols would evaluate the implementation and 
effectiveness of the National Core BMPs, utilize adaptive management 
principles to improve project implementation, and utilize adaptive 
monitoring principles to improve monitoring protocols.

2509.19 31--National Core BMP Monitoring Structure

    This proposed section would direct the development of a consistent 
national monitoring structure to assess the implementation and 
effectiveness of National Core BMPs and their performance at multiple 
scales.

2509.19 31.1--Purpose

    This proposed section would describe the primary purposes of 
National Core BMPs monitoring.

2509.19 31.2--Monitoring Objectives

    This proposed section would provide guidance on the objectives of 
National Core BMPs monitoring which is to use the standardized National 
Core BMP Monitoring Protocols to evaluate the implementation and 
effectiveness of the prescribed BMPs.

2509.19 31.3--National Sampling Design

    This proposed section would provide guidance on the establishment 
of a national sampling design to evaluate implementation and 
effectiveness monitoring of the National Core BMPs in each resource 
category for the established reporting period.

2509.19 32--National Core BMP Monitoring Protocols

    This proposed section would provide direction for the development 
of the National Core BMP Monitoring Protocols.

2509.19 32.1--Protocol Goals

    This proposed section would describe the goals of the National Core 
BMP Monitoring Protocols and broadly assess outcomes to maximize 
monitoring and data collection efficiency, and document key information 
regarding implementation and effectiveness at multiple scales.

2509.19 32.2--Protocol Quality Assurance and Quality Control

    This proposed section would direct the use of quality assurance and 
quality control measures throughout the monitoring process.

[[Page 25828]]

2509.19 32.31--Population Development and Site Selection

    This proposed section would direct that each protocol provides a 
process for the establishment of population and final sample pool of 
sites monitoring.

2509.19 32.31a--Randomly Selected Sites

    This proposed section would explain the intent to select random 
sample sites from the final sample pool of sites to be monitored to 
achieve National Core BMP Monitoring Protocols goals.

2509.19 32.31b--Non-Randomly Selected Sites

    This proposed section would allow for targeted monitoring to meet 
local or regional management goals.

2509.19 32.4 Monitoring Team

    This proposed section would direct protocols to provide guidance on 
the composition of an interdisciplinary review team needed to monitor 
the National Core BMPs within the corresponding protocol.

2509.19 32.5--Implementation Monitoring

    This proposed section would direct protocols to provide guidance 
for a two-step process for BMP implementation monitoring.

2509.19 32.51--Implementation Monitoring Questions

    This proposed section would direct protocols to include 
implementation questions to determine if appropriate BMPs are being 
used and applied as planned in land and resource management activities.

2509.19 32.52--Timing of Implementation Monitoring

    This proposed section would direct protocols to provide guidance on 
when the implementation monitoring portion of the evaluation should be 
performed relative to the completion of the activity being monitored.

2509.19 32.53--Implementation Monitoring Document Review

    This proposed section would direct that the protocols provide 
guidance on the type of project documents to be examined for site-
specific BMP prescriptions and the timing of the document review.

2509.19 32.54--Field Review of Implementation Monitoring

    This proposed section would direct protocols to provide guidance 
for defining the area at the project location to be evaluated for 
implementation of National Core BMPs and for defining criteria to rate 
how well BMP prescriptions are applied.

2509.19 32.6--Effectiveness Monitoring

    This proposed section would direct that the protocols provide 
guidance on water pollutant evidence assessment when leaving the 
project area and entering the aquatic management zone or nearby 
waterbody.

2509.19 32.61--Effectiveness Monitoring Questions

    This proposed section would direct protocols to include 
effectiveness questions to determine whether the BMPs, as implemented, 
protect water quality.

2509.19 32.62--Timing of Effectiveness Monitoring

    This proposed section would direct that the protocols provide 
guidance on the timing of effectiveness monitoring relative to the 
completion of the activity being monitored. In all cases, effectiveness 
monitoring would occur after implementation monitoring at the sites 
have been completed.

2509.19 32.63--Field Review of Effectiveness Monitoring

    This proposed section would direct protocols to provide guidance on 
defining the area at the project location to be evaluated for BMP 
effectiveness and how BMP effectiveness would be evaluated.

2509.19 32.7--Protocol Maintenance

    This proposed section would provide guidance on the timing and 
methods used for to update and maintain the National Core BMP 
Monitoring Protocols to ensure they are effective tools for gathering 
BMP monitoring information.

2509.19 33--Evaluating Outcomes

    This proposed section would provide guidance for the establishment 
of a method for each National Core BMP Monitoring Protocol to 
separately rate implementation and effectiveness of the National Core 
BMPs evaluated by that protocol.

2509.19 33.1--Implementation Outcomes

    This proposed section would provide the criteria for implementation 
outcomes ratings of ``Fully Successful,'' ``Mostly Successful,'' 
``Marginally Successful,'' or ``Not Successful''. If no site-specific 
BMP prescriptions were developed or identified, a ``No BMPs'' option is 
available.

2509.19 33.2--Effectiveness Outcomes

    This proposed section would provide the criteria for effectiveness 
outcome ratings of ``Effective,'' ``Moderately Effective,'' or ``Not 
Effective''.

2509.19 33.3--Combined Evaluation Rating

    This proposed section would provide a matrix to determine a 
combined implementation and effectiveness rating for a BMP evaluation 
by assigning a rating of ``Excellent,'' ``Good,'' ``Fair,'' ``Poor,'' 
or ``No Plan'' for a BMP evaluation.

2509.19 34--Data Management

    This proposed section would provide guidance on the development and 
use of data management capability within the agency corporate 
information management system for National Core BMP monitoring data.

2509.19 35--Monitoring Report

    This proposed section would provide guidance on the evaluation of 
the national BMP monitoring results, the development of reports, and 
how these results should be used at multiple scales.

Regulatory Certifications

Environmental Impact

    The directives revise the administrative policies and procedures 
for conducting Water Quality Management activities on National Forest 
System lands. Agency regulations at 36 CFR 220.6(d)(2) (73 FR 43093) 
exclude 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 has concluded that these directives fall within this category of 
actions and that no extraordinary circumstances exist which would 
require preparation of an environment assessment or environmental 
impact statement.

Regulatory Impact

    The directives have been reviewed under USDA procedures and E.O. 
12866 on regulatory planning and review. The Office of Management and 
Budget (OMB) has determined that the directives are non-significant for 
purposes of E.O. 12866. This action to clarify Agency direction will 
not have an annual effect of $100 million or more on the economy, nor 
will it adversely affect productivity, competition, jobs, the 
environment, public health and safety, or State or local governments. 
This directive will not interfere with an

[[Page 25829]]

action taken or planned by another agency, nor will it raise new legal 
or policy issues. Finally, the directive will not alter the budgetary 
impact of entitlement, grant, user fee, or loan programs or the rights 
and obligations of beneficiaries of those programs.
    The directives 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.). A small 
entities flexibility assessment has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities as defined by SBREFA. The directives are focused on National 
Forest System Water Quality Management activities and impose no 
requirements on small or large entities.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Agency has considered the directives under the requirements of 
E.O. 13132 on federalism and has determined that the directives conform 
with the federalism principles set out in this Executive order; will 
not impose any compliance costs on the states; and will not have 
substantial direct effects on the states, the relationship between the 
Federal Government and the states, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
Agency has determined that no further assessment of federalism 
implications is necessary.
    Moreover, the proposed directives do not have tribal implications 
as defined by E.O. 13175, entitled ``Consultation and Coordination with 
Indian Tribal Governments,'' and, therefore, advance consultation with 
Tribes is not required.

No Taking Implications

    The Agency has analyzed the directives in accordance with the 
principles and criteria contained in E.O. 12630. The Agency has 
determined that the directives do not pose the risk of a taking of 
private property.

Civil Justice Reform

    The directives have been reviewed under E.O. 12988 of February 7, 
1996, ``Civil Justice Reform''. At the time of adoption of the 
directives, (1) all State and local laws and regulations that conflict 
with the directives or that impede full implementation of the 
directives were preempted; (2) no retroactive effect was given to the 
directives; and (3) administrative proceedings are not required before 
parties can file suit in court to challenge its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
(2 U.S.C. 1531-1538), the Agency has assessed the effects of the 
directives on State, local, and Tribal governments and the private 
sector. The directives will 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.

Energy Effects

    The Agency has reviewed the directives under E.O. 13211 of May 18, 
2001, ``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' The Agency has determined that the 
directives do not constitute a significant energy action as defined in 
the Executive Order.

Controlling Paperwork Burdens on the Public

    The directives do 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.

    Dated: April 30, 2014.
Thomas. L. Tidwell,
Chief, Forest Service.
[FR Doc. 2014-10363 Filed 5-5-14; 8:45 am]
BILLING CODE 3410-15-P