[Federal Register Volume 91, Number 125 (Wednesday, July 1, 2026)]
[Proposed Rules]
[Pages 39948-39951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13281]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 200 and 216
RIN 0596-AD74
Organization, Functions, and Procedures; Public Notice and
Comment for Standards, Criteria, and Guidance Applicable to Forest
Service Programs
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Proposed rule.
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SUMMARY: The United States Department of Agriculture (Department) is
proposing to amend regulations governing the Directive System for the
United States Forest Service (Forest Service or Agency); the scope of
notice and comment requirements for the formulation of standards,
criteria, and guidelines applicable to Forest Service programs; and
associated agency procedures. These amendments enhance Agency
employees' discretion to allow innovation in program implementation to
account for the unique ecological conditions of affected landscapes and
changing social and economic needs.
DATES: Comments must be received in writing by July 31, 2026.
ADDRESSES: Comments, identified by RIN 0596-AD74, should be sent via
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Mail: Send written comments to USDA-Forest Service, Sidney
Yates Building, 1400 Independence Avenue SW, 1SE--Mailstop Code:, Attn:
Director-Policy Office, Washington, DC 20250.
Comments should be confined to issues pertinent to the proposed
rule, should explain the reasons for any recommended changes, and
should reference the specific section and wording being addressed,
where possible. All timely comments, including names and addresses when
provided, will be placed in the record and will be available for public
inspection and copying. Comments may be viewed on the Federal
eRulemaking Portal at https://www.regulations.gov. In the search box,
enter ``RIN 0596-AD74,'' and click the ``Search'' button. For this
[[Page 39949]]
reason, please do not include in your comments information of a
confidential nature, such as sensitive personal information or
proprietary information. Please note that comments containing any
routine notice about the confidentiality of the communication will be
treated as public comments that may be made available to the public
notwithstanding the inclusion of the routine notice.
FOR FURTHER INFORMATION CONTACT: Forest Service Policy Office, 202-205-
1464, [email protected]. Individuals who are deaf,
hard of hearing, or have a speech disability may call 711 to reach the
Telecommunications Relay Service, then provide the phone number of the
named point of contact for further information.
SUPPLEMENTARY INFORMATION: This proposed rule amends regulations
describing the components of the Forest Service Directive System (the
Forest Service Manual and Forest Service Handbooks) and the scope of
public participation requirements for the ``formulation of standards,
criteria, and guidelines applicable to Forest Service programs'' as
required by the Forest and Rangeland Renewable Resources Planning Act
of 1974, as amended (FRRRPA) (16 U.S.C. 1612(a)). The amendments would
clarify the scope of this statutory obligation by excluding changes to
Forest Service Directives that are not ``formulation'' or do not
involve ``standards, criteria, or guidelines'' from notice and comment
processes.
The Forest Service Manual would be redefined as the sole source of
continuing, mandatory direction for the Agency. Certain Agency
officials would be authorized to depart from mandatory direction in the
Manual when alternate actions are in the public interest, consistent
with law, and the justification for that departure is promptly
documented. This exception would be codified at 36 CFR 200.4(b)(1) and
would replace Forest Service Manual 1103(6), which allows Forest
Service officials to deviate from mandatory direction in ``extreme or
highly unusual circumstances.'' The Forest Service Handbooks would be
redefined as advisory and informational guidance that Agency employees
may deviate from without documenting or justifying alternate actions.
This rulemaking would also clarify the process for providing public
notice when formulating standards, criteria, or guidelines applicable
to Forest Service programs.
The Forest Service Directives are intended to contain internal
direction and guidance for Agency employees. They do not hold the force
of law and are not enforceable against non-Agency parties. Compare 36
CFR 200.4(a), ``[R]egulations . . . governing the protection and
administration of National Forest System lands and other programs of
the Forest Service are set forth in Chapter 2 of Title 36 of the Code
of Federal Regulations,'' with 200.4(b), ``Administrative policy,
procedure, and guidance to Forest Service employees for the conduct of
Forest Service activities are issued as directives. . . .'' Therefore,
Forest Service Handbooks cannot contain legislative rules that are
subject to the notice and comment requirements of the Administrative
Procedure Act (APA). If commenters do identify legislative rules in the
current Forest Service Handbooks, the Agency would consider conducting
a subsequent rulemaking to rescind those provisions or recodify them in
the CFR.
The Department invites comments identifying any provisions of the
Forest Service Handbooks that the public believe should be retained and
moved into the Code of Federal Regulations. Specific comments regarding
which provisions are essential to promote safety, ensure compliance
with law, or prevent waste or misuse of public funds are requested.
Once this rulemaking takes effect all Handbooks will be reviewed to
ensure consistency with the new structure of the Directive System. The
Department would provide public notice and opportunities to comment on
these initial revisions to all Handbooks pursuant to 16 U.S.C. 1612(a).
To help reviewers provide well-informed comments, this Notice
includes a ``description of the subjects and issues'' (5 U.S.C.
553(b)(3)) addressed in Forest Service Handbooks and encourages
commenters to review provisions that include minimum timeframes for the
submission of comments or the filing of objections or appeals; fee
structures for the filing of applications or the receipt or renewal of
permits; specific criteria for the issuance, renewal, denial, or
termination of permits or licenses; methodologies or standards for
environmental review and analysis; procedures for administrative
appeals or dispute resolution; penalties or other sanctions on non-
Forest Service parties for non-compliance with a statute, regulation,
or other legal authority; definitions of key terms that affect the
scope of a statute or regulation; requirements for external parties to
collect, monitor, or report data; requirements to publish specific data
or documents; training, certification, or qualification standards for
non-Forest Service personnel; operational constraints such as
restricted seasons of use or equipment bans; strict geographic
exclusions, setbacks, or spatial buffers; or requirements to provide
non-Forest Service parties with notice and opportunities to comment on
Agency actions. Provisions of these sorts are most likely to be found
in certain Handbook titles including 1109.12--Directive System;
1509.11--Grants, Cooperative Agreements, and Other Agreements;
1709.11--Civil Rights; 1909.12--Land Management Planning; 2109.14--
Pesticide-Use Management and Coordination; 2209.13--Grazing Permit
Administration; 2709.11--Special Uses; 2709.12--Road Rights-of-Way
Grants; 5509.11--Title Claims, Sales, and Grants; and 6709.11--Health
and Safety Code. These lists are intended to be illustrative and may
not be comprehensive.
This rulemaking also amends the Department's interpretation of the
statutory phrase ``standards, criteria, and guidelines'' under 16
U.S.C. 1612(a) as including only binding direction that employees are
generally expected to follow. Therefore, subsequent changes to
Handbooks (those occurring after the initial Handbook revisions
described in the prior paragraph are complete) would not be subject to
notice and comment requirements since advisory and informational
guidance is not ``standards, criteria, or guidelines'' under 16 U.S.C.
1612(a). Additionally, the Department proposes amending 36 CFR 216.1(b)
to state that the removal or recission of Forest Service Directives is
not ``formulation'' of standards, criteria, or guidelines and therefore
is not subject to notice and comment.
This rulemaking would also clarify that statutorily required
notices associated with the formulation of standards, criteria, or
guidelines applicable to Forest Service programs can be made via any
broadly accessible public forum, including but not limited to an Agency
website. Use of additional notices, such as notices in the Federal
Register or newspaper(s) of record, are permitted but not required by
36 CFR 216.3. Similarly, this rulemaking would remove the requirement
in 36 CFR 216.3 for the Agency to provide a physical mailing address
for submission of comments. Electronic submission would become the
default means for the Agency to solicit comments. Use of a physical
mailing address for this purpose would be at the Agency's discretion.
[[Page 39950]]
Background and Explanation of the Proposed Rule
This rulemaking is proposed pursuant to the Secretary of
Agriculture's authority to ``prescribe regulations for the government
of h[er] department, the conduct of its employees, the distribution and
performance of its business'' (5 U.S.C. 301). It is also proposed
pursuant to section 14(a) of the FRRRPA (16 U.S.C. 1612(a)), which
provides that ``the Secretary, in exercising h[er] authority [under the
Act] and other laws applicable to the Forest Service, by regulation,
shall establish procedures, including public hearings where
appropriate, to give the Federal, State, and local governments and the
public adequate notice and an opportunity to comment upon the
formulation of standards, criteria, and guidelines applicable to Forest
Service programs.'' This provision of law has been effectuated through
36 CFR part 216, published on April 23, 1984.
Currently, 36 CFR part 216 applies to both the Forest Service
Manual and the Forest Service Handbooks. The Forest Service Manual
outlines legal authorities, objectives, policies, responsibilities,
instructions, and guidance needed on a continuing basis by Agency line
officers and primary staff in more than one administrative unit to plan
and execute assigned programs and activities. The Forest Service
Handbooks contain specialized and technical guidance that are intended
to help employees effectively implement Agency programs. The
requirements under part 216 do not apply to directives in the Forest
Service Manual or Handbooks that pertain to law enforcement and
investigations; personnel matters; procurement; administrative support
activities such as budget and finance; business operations; and
activities undertaken by the Forest Service on behalf of other Federal
agencies.
This rulemaking preserves the public's opportunity to participate
in the formulation of standards, criteria, and guidelines pursuant to
36 CFR 216.1(a) while increasing the flexibility and utility of the
Agency's formal, codified Directive System. These changes advance the
policies set forth in Executive Order 14219, Unleashing Prosperity
Through Deregulation (Feb. 19, 2025), the Presidential Memorandum on
Directing the Repeal of Unlawful Regulations (April 9, 2025), and
Office of Management and Budget memoranda M-25-28 (May 7, 2025) and M-
25-36 (Oct. 21, 2025), and are consistent with the authority provided
to the Forest Service in the FRRRPA.
Regulatory Certifications
Regulatory Planning and Review
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
OIRA has determined that this proposed rule is not significant as
defined by E.O. 12866. 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 the proposed rule consistent with
E.O. 13563.
National Environmental Policy Act
The proposed rule would create a clearer distinction between the
force and effect of the Forest Service Manual and the Forest Service
Handbooks to improve the utility of the Forest Service Directive System
and apply the single best reading of section 14(a) of the FRRRPA.
Departmental regulations at 7 CFR 1b.4(c)(20) exclude ``rules,
regulations, or policies to establish service-wide administrative
procedures, program processes, or instructions'' from documentation in
an environmental assessment or environmental impact statement. The
Department's preliminary assessment is that this proposed 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. A final determination will be made upon
adoption of the final rule.
Regulatory Flexibility Act
The Department has considered this proposed rule under the
Regulatory Flexibility Act (5 U.S.C. 602 et. seq.). This proposed rule
would not have any direct effect on small entities as defined by the
Regulatory Flexibility Act. This proposed rule would not impose
recordkeeping requirements on small entities; would not affect their
competitive position in relation to large entities; and would not
affect their cash flow, liquidity, or ability to remain in the market.
Therefore, the Department has determined that this proposed rule would
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 proposed rule under the
requirements of E.O. 13132, Federalism. The Department has determined
that the proposed rule conforms with the federalism principles set out
in this E.O.; would not impose any compliance costs on the States; and
would 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 this proposed
rule would not have federalism implications.
Consultation and Coordination With Indian Tribal Governments
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, requires Federal agencies to consult and coordinate with
Tribes on a government-to-government basis on policies that have Tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that 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. This proposed rule would redefine the
Forest Service Handbooks as advisory and informational guidance that
employees may deviate from without documenting a justification. The
proposed rule would also state that advisory and informational guidance
is not ``standards, criteria, or guidelines'' under 16 U.S.C. 1612(a)
and, therefore, changes to Forest Service Handbooks are not subject to
statutory notice and comment processes. Lastly, the proposed rule would
clarify that removal or recission of Forest Service Directives is not
an act of ``formulation'' under 16 U.S.C. 1612(a) and is therefore
outside the scope of statutory notice and comment requirements. The
Department has reviewed this proposed rule in accordance with the
requirements of E.O. 13175 and has determined that this proposed rule
would have substantial direct effects on 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. Therefore, consultation and coordination
with Indian Tribal governments is required for this proposed rule.
[[Page 39951]]
Family Policymaking Assessment
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for a rule that may affect family well-
being. The proposed rule would have no impact on the autonomy or
integrity of the family as an institution. Accordingly, the Department
has concluded that it is not necessary to prepare a Family Policymaking
Assessment for the proposed rule.
Takings Implications
The Department has analyzed the proposed rule in accordance with
the principles and criteria in E.O. 12630, Governmental Actions and
Interference with Constitutionally Protect Property Rights. The
Department has determined that the proposed rule would not pose the
risk of a taking of private property.
Energy Effects
The Department has reviewed the proposed rule under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Department has determined that the proposed
rule would not constitute a significant energy action as defined in
E.O. 13211.
Civil Justice Reform
The Department has analyzed the proposed rule in accordance with
the principles and criteria in E.O. 12988, Civil Justice Reform. Upon
publication of the proposed rule, (1) all State and local laws and
regulations that conflict with the proposed rule or that impede its
full implementation would be preempted; (2) no retroactive effect would
be given to this proposed rule; and (3) it would 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), the Department has assessed the effects of the
proposed rule on State, local, and Tribal governments and the private
sector. The proposed rule would not compel the expenditure of $100
million or more, adjusted annually for inflation, in any 1 year by
State, local, and Tribal governments in the aggregate or by the private
sector. Therefore, a statement under section 202 of the Act is not
required.
Paperwork Reduction Act
The proposed rule does not contain any recordkeeping 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. 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
36 CFR Part 200
Organization, functions (Government agencies).
36 CFR Part 216
Administrative procedure.
Therefore, for the reasons set forth in the preamble, the
Department proposes to amend chapter II of title 36 of the Code of
Federal Regulations as follows:
PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES
0
1. The authority citation for part 200 continues to read:
Authority: 5 U.S.C. 552; 7 U.S.C. 6706; 16 U.S.C. 472, 521,
1603, and 2101 et seq.
0
2. Revise Sec. 200.4(b)(1) to read as follows:
Sec. 200.4 Administrative issuances.
(b) * * *
(1) Directives are issued through the Forest Service Directive
System, which is comprised of the Forest Service Manual and related
Forest Service Handbooks.
(i) The Forest Service Manual is the primary source of
administrative direction to Forest Service employees. All standards,
criteria, and guidelines for the internal management and control of
Forest Service programs are codified in the Forest Service Manual.
Forest Service employees are generally expected to comply with all
direction in the Forest Service Manual. Responsible officials may
deviate from Forest Service Manual direction when it is in the public
interest, allowable by law, and the reasons are promptly documented.
(ii) The Forest Service Handbooks contain advisory and
informational guidance for employees and outline suggested methods for
fulfilling their responsibilities. Employees may deviate from guidance
in the Forest Service Handbooks.
* * * * *
PART 216--PUBLIC NOTICE AND COMMENT FOR STANDARDS, CRITERIA, AND
GUIDELINES APPLICABLE TO FOREST SERVICE PROGRAMS
0
3. The authority citation for part 216 continues to read:
Authority: 16 U.S.C. 1612(a).
0
4. Revise the part heading as set forth above.
0
5. Revise Sec. 216.1(b) to read as follows:
Sec. 216.1 Purpose and scope.
* * * * *
(b) This part applies to the formulation of standards, criteria,
and guidelines applicable to Forest Service programs through the
issuance or revision of Forest Service directives. This part does not
apply to the rescission or removal of directives. This part does not
apply to Forest Service directives pertaining to law enforcement and
investigations; personnel matters; procurement; administrative support
activities such as budget and finance; business operations; and
activities undertaken by the Forest Service on behalf of other Federal
agencies. In addition, it does not apply to advisory and informational
guidance for Forest Service employees that does not mandate a specific
course of action. To the extent that any other part in this chapter of
the Code of Federal Regulations requires greater opportunities for the
public to participate with respect to policymaking or the issuance of
directives than are required by this part, the other part shall be
controlling.
0
6. Revise Sec. 216.3(b)(1) and (2) to read as follows:
Sec. 216.3 Notice and an opportunity for public comment.
* * * * *
(b) * * *
(1) Be published in a broadly accessible public forum, such as a
web page.
(2) Include instructions for submitting comments.
* * * * *
Michael Boren,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2026-13281 Filed 6-30-26; 8:45 am]
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