[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37135-37137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09624]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 219

RIN 0596-AD60


Planning

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: The United States Department of Agriculture (Department), 
Forest Service is making technical revisions to clarify regulations 
governing National Forest System Land Management Planning (planning). 
These purely technical changes to the names and definitions of terms 
used to describe information accrued by Tribes and Indigenous people 
align with guidance from the Executive Office of the President and are 
more consistent with language used in regulations of other Federal 
agencies.

[[Page 37136]]


DATES: This rule is effective May 6, 2024.

ADDRESSES: Information on this final rule may be obtained via written 
request addressed to the Director, Policy Office, at USDA Forest 
Service, 201 14th Street SW, Washington, DC 20250-1124 or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Nick DiProfio, Senior Land Management 
Planner, Ecosystem Management Coordination, at (202) 253-0640 or 
[email protected]. Individuals who use telecommunication 
devices for the hearing impaired may call the Federal Relay Service at 
(800) 877-8339 between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday 
through Friday.

SUPPLEMENTARY INFORMATION: This final rule makes purely technical, 
clarifying revisions to the Forest Service's existing planning 
regulations at 36 CFR 219.4(a)(3) and at 36 CFR 219.19. These purely 
technical, clarifying revisions do not formulate standards, criteria, 
or guidelines applicable to Forest Service programs and therefore do 
not require public notice and opportunity to comment under section 
14(a) of the Forest and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1612(a)).

36 CFR Part 219, Subpart A

    The Department is revising text in Sec.  219.4(a)(3) and Sec.  
219.19 to adhere to guidance set forth by the Office of Science and 
Technology Policy and the Council on Environmental Quality within the 
Executive Office of the President on November 30, 2022, titled Guidance 
for Federal Departments and Agencies on Indigenous Knowledge (https://www.whitehouse.gov/wp-content/uploads/2022/12/OSTP-CEQ-IK-Guidance.pdf). The Department is changing the term Native Knowledge to 
Indigenous Knowledge and updating the associated definition to conform 
precisely with this guidance. The revised definition is substantially 
similar in substance to the existing definition and will have no 
discernable impact on how this concept is applied in Forest Service 
operations.

Regulatory Certifications

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Consistent with Executive Order (E.O.) 12866, the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget will determine whether proposed, interim, and final rules 
that impose, eliminate, or modify requirements on non-Forest Service 
parties are significant and will review any proposed, interim, or final 
rules that OIRA has designated as significant. This final rule does not 
impose, eliminate, or modify requirements on non-Forest Service parties 
and therefore does not require a significance determination by OIRA. 
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvements in the Nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Department has developed this final rule consistent with E.O. 
13563.

Congressional Review Act

    Because this final rule does not impose, eliminate, or modify 
requirements on non-Forest Service parties, it is not a major rule as 
defined by the Small Business Regulatory Enforcement Fairness Act of 
1996 (known as the Congressional Review Act, 5 U.S.C. 804(2)).

National Environmental Policy Act

    This final rule will make only technical, clarifying revisions to 
existing Forest Service regulations at 36 CFR part 219, subpart A. 
Forest Service regulations at 36 CFR 220.6(d)(2) (73 FR 43093) exclude 
from documentation in an environmental assessment or environmental 
impact statement ``rules, regulations, or policies to establish 
service-wide administrative procedures, program processes, or 
instructions.'' The Department has concluded that this final rule falls 
within this category of actions and that no extraordinary circumstances 
exist which would require preparation of an environmental assessment or 
environmental impact statement.

Regulatory Flexibility Act Analysis

    The Department has considered this final rule under the 
requirements of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). 
This final rule will not have any direct effect on small entities as 
defined by the Regulatory Flexibility Act. The final rule will not 
impose recordkeeping requirements on small entities; will not affect 
their competitive position in relation to large entities; and will not 
affect their cash flow, liquidity, or ability to remain in the market. 
Therefore, the Department has determined that this final rule will not 
have a significant economic impact on a substantial number of small 
entities pursuant to the Regulatory Flexibility Act.

Federalism

    The Department has considered this final rule under the 
requirements of E.O. 13132, Federalism. The Department has determined 
that the final rule conforms with the federalism principles set out in 
this E.O.; will not impose any compliance costs on the states; and will 
not have substantial direct effects on the states, on the relationship 
between the Federal Government and the states, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, the Department has concluded that the final rule does not 
have federalism implications.

Consultation With Tribal Governments

    The Department has reviewed this final rule in accordance with the 
requirements of E.O. 13175, Consultation and Coordination with Indian 
Tribal Governments. The Department has determined that national Tribal 
consultation is not necessary for the final rule. The final rule, which 
will make only technical, clarifying revisions to existing Forest 
Service regulations in 36 CFR part 219, subpart A, does not impose, 
eliminate, or modify requirements on non-Forest Service parties and 
therefore does not have any direct effects on Tribes.

Environmental Justice

    The Department has considered the final rule under the requirements 
of E.O. 12898, Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations. The final rule, which 
will make only technical, clarifying revisions to existing Forest 
Service regulations in 36 CFR part 219, subpart A, does not impose, 
eliminate, or modify requirements on non-Forest Service parties and 
therefore will not result in disproportionately high and adverse 
impacts on minority or low-income populations or the exclusion of 
minority and low-income populations from meaningful involvement in 
decision making.

No Takings Implications

    The Department has analyzed the final rule in accordance with the 
principles and criteria in E.O. 12630, Governmental Actions and 
Interference With Constitutionally Protected Property Rights. The 
Department has determined that the final rule will not pose the risk of 
a taking of private property.

Energy Effects

    The Department has reviewed the final rule under E.O. 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Department has determined that the final rule 
will

[[Page 37137]]

not constitute a significant energy action as defined in E.O. 13211, 
and OIRA has not otherwise designated the final rule as a significant 
energy action.

Civil Justice Reform

    The Department has analyzed the final rule in accordance with the 
principles and criteria in E.O. 12988, Civil Justice Reform. Upon 
issuance of the final rule, (1) all state and local laws and 
regulations that conflict with the final rule or that impede its full 
implementation will be preempted, (2) no retroactive effect will be 
given to this final rule, and (3) it will not require administrative 
proceedings before parties may 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), signed into law on March 22, 1995, the Department 
has assessed the effects of the final rule on state, local, and Tribal 
governments, and the private sector. The final rule 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.

Controlling Paperwork Burdens on the Public

    The final rule does not contain information collection requirements 
as defined in 5 CFR part 1320 that are not already required by law or 
not already approved for use. 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.

List of Subjects in 36 CFR Part 219

    Administrative practice and procedure, Environmental impact 
statements, Indians, Intergovernmental relations, National forests, 
Reporting and recordkeeping requirements, Science and technology.

    Therefore, for the reasons set forth in the preamble, the 
Department is amending chapter II of title 36 of the Code of Federal 
Regulations as follows:

PART 219--PLANNING

0
1. The authority citation for part 219 continues to read as follows:

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


0
2. Amend Sec.  219.4 by revising paragraph (a)(3) to read as follows:


Sec.  219.4  Requirements for public participation.

    (a) * * *
    (3) Indigenous knowledge and land ethics. As part of tribal 
participation and consultation as set forth in paragraphs (a)(1)(v) and 
(a)(2) of this section, the responsible official shall request 
information about Indigenous Knowledge, land ethics, cultural issues, 
and sacred and culturally significant sites.
* * * * *


0
3. Amend Sec.  219.19 by removing the definition ``Native knowledge'' 
and adding the definition ``Indigenous knowledge'' in alphabetical 
order to read as follows:


Sec.  219.19  Definitions.

* * * * *
    Indigenous knowledge. A body of observations, oral and written 
knowledge, innovations, practices, and beliefs developed by Tribes and 
Indigenous Peoples through interaction and experience with the 
environment. It is applied to phenomena across biological, physical, 
social, cultural, and spiritual systems. Indigenous Knowledge can be 
developed over millennia, continues to develop, and includes 
understanding based on evidence acquired through direct contact with 
the environment and long-term experiences, as well as extensive 
observations, lessons, and skills passed from generation to generation. 
Indigenous Knowledge is developed by Indigenous Peoples including, but 
not limited to, Tribal Nations, Native Americans, Alaska Natives, and 
Native Hawaiians. Each Tribe or Indigenous community has its own place-
based body of knowledge that may overlap with that of other Tribes. 
Indigenous Knowledge is based in ethical foundations often grounded in 
social, spiritual, cultural, and natural systems that are frequently 
intertwined and inseparable, offering a holistic perspective. 
Indigenous Knowledge is inherently heterogeneous due to the cultural, 
geographic, and socioeconomic differences from which it is derived, and 
is shaped by the Indigenous Peoples' understanding of their history and 
the surrounding environment. Indigenous Knowledge is unique to each 
group of Indigenous Peoples and each may elect to utilize different 
terminology or express it in different ways. Indigenous Knowledge is 
deeply connected to the Indigenous Peoples holding that knowledge.
* * * * *

Homer Wilkes,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2024-09624 Filed 5-3-24; 8:45 am]
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