[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27103]
[[Page 79463]]
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DEPARTMENT OF AGRICULTURE
Forest Service
Forest Service Manual 2740; Forest Service Handbook 2709.11,
Chapter 50; Special Uses Management, Vegetation Management Pilot
Projects; Special Uses Handbook--Standard Forms and Supplemental
Clauses
AGENCY: Forest Service, USDA.
ACTION: Issuance of Proposed Directives; notice of availability for
public comment.
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SUMMARY: The United States Department of Agriculture (USDA), Forest
Service, is seeking public comment on proposed directives implementing
section 8630 of the Agriculture Improvement Act of 2018 (2018 Farm
Bill). Section 8630 of the 2018 Farm Bill gives the Forest Service
discretion to issue permits for conducting vegetation management pilot
projects under lower liability standards to holders of an authorization
for a powerline facility or natural gas pipeline on National Forest
System (NFS) lands. These pilot projects may be conducted only on NFS
lands that are not covered by the special use authorization for the
powerline facility or natural gas pipeline.
DATES: Comments must be received in writing by January 11, 2021.
ADDRESSES: The proposed directives are available at, and comments may
be submitted electronically to, https://cara.ecosystem-management.org/Public/CommentInput?project=ORMS-2717. Comments may be mailed to
Gregory C. Smith, Director, Lands and Realty Management, 1400
Independence Avenue SW, Washington, DC 20250-1124. All timely comments,
including names and addresses, will be placed in the record and will be
available for public inspection and copying. The public may inspect
comments received at https://cara.ecosystem-management.org/Public/ReadingRoom?project=ORMS-2717.
FOR FURTHER INFORMATION CONTACT: Reggie Woodruff, Lands and Realty
Management, at 202-205-1196 or [email protected]. Individuals
who use telecommunication devices for the deaf may call the Federal
Relay Service at 800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Section 8630 of the 2018 Farm Bill gives the
Forest Service discretion to issue permits for conducting vegetation
management pilot projects under lower liability standards to holders of
an authorization for a powerline facility or natural gas pipeline.
These pilot projects may be conducted only on NFS lands that are not
covered by the special use authorization for the powerline facility or
natural gas pipeline. Pilot projects must be conducted outside the
linear right-of-way for the associated powerline facility or natural
gas pipeline; may not extend more than 150 feet from either side of the
powerline facility or natural gas pipeline; and may not have a total
width of more than 200 feet including both sides of the powerline
facility or natural gas pipeline. In addition, pilot projects may not
overlap with vegetation management conducted under the special use
authorization for the powerline facility or natural gas pipeline,
including removal and pruning of hazard trees outside the linear right-
of-way for a powerline facility. The liability provisions in a special
use permit for a pilot project have no effect on the liability
provisions in the special use authorization for the powerline facility
or natural gas pipeline, including the liability provisions that apply
to removal and pruning of hazard trees inside and outside the linear
right-of-way.
The proposed directive at Forest Service Manual 2700, Special Uses
Management, Chapter 40, Vegetation Management Pilot Projects, and
proposed new clause B-39 in Forest Service Handbook 2709.11, Chapter
50, section 52.2, would provide for authorizing vegetation management
pilot projects consistent with section 8630 of the 2018 Farm Bill and
Title V of the Federal Land Policy and Management Act, section 28 of
the Mineral Leasing Act, and their implementing regulations. The Forest
Service has determined that two provisions in the proposed directives
would formulate standards, criteria, and guidelines applicable to a
Forest Service program, specifically, providing for use of form FS-
2700-4 for pilot project permits and the criteria for determining the
maximum dollar amount of fire suppression costs a holder must reimburse
the Forest Service for a wildfire caused by the holder's operations
under a pilot project permit. Therefore, the Forest Service is
publishing those proposed provisions for public comment in accordance
with 36 CFR part 216. The remainder of the proposed directives is not
subject to public notice and comment because it merely implements
statutory provisions that the Forest Service lacks discretion to
interpret and therefore does not formulate standards, criteria, and
guidelines applicable to FS programs.
After the public comment period closes, the Forest Service will
consider timely and relevant comments in developing the final
directives. A notice of the final directives, including a response to
timely and relevant comments, will be posted on the Forest Service's
web page at https://www.fs.fed.us/about-agency/regulations-policies/comment-on-directives.
Christine Dawe,
Acting Associate Deputy Chief, National Forest System.
[FR Doc. 2020-27103 Filed 12-9-20; 8:45 am]
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