FR Doc E7-1554

From: Subject: FR Doc E7-1554 Date: Sun, 4 Feb 2007 23:18:10 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-1554.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 FR Doc E7-1554
[Federal Register: January 31, 2007 (Volume 72, Number 20)]
[Notices]              =20
[Page 4478-4481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja07-24]                        =20


[[Page 4478]]

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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC02

=20
National Forest System Land Management Planning Directive for=20
Wilderness Evaluation

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency final directive.

-----------------------------------------------------------------------

SUMMARY: The Forest Service is issuing a final directive to Forest=20
Service Handbook 1909.12, chapter 70. Chapter 70 establishes procedures=20
for wilderness evaluation when carrying out national forest land=20
management planning regulations at 36 CFR part 219, subpart A,=20
published in the Federal Register on January 5, 2005 (70 FR 1023). This=20
directive provides consistent overall guidance to Forest Service line=20
officers and employees in identifying and evaluating potential=20
wilderness areas when developing, or revising land management plans for=20
units of the National Forest System.

DATES: This directive is effective January 31, 2007.

ADDRESSES: Copies of the directive are available on the World Wide Web/
Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving=
.cgi?from=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.u=
s/im/directives/fsh/1909.12/1909.12_70.doc
 or on a compact disc (CD). Copies of the directive on a CD can be =
obtained by contacting Regis Terney by e-mail (rterney@fs.fed.us),=20
.us),=20
by phone at 1-866-235-6652 or 202-205-0895, or by mail at Regis Terney,=20
USDA Forest Service, Mailstop 1104, EMC, 3 Central, 1400 Independence=20
Avenue, SW., Washington, DC 20050-1104.

FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist,=20
Ecosystem Management Coordination Staff (202) 205-0895.

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2005, the Department adopted final planning=20
regulations for the National Forest System (NFS) at 36 CFR Part 219,=20
subpart A (70 FR 1023) (also referred to as the 2005 planning rule).=20
The 2005 planning rule provides broad programmatic direction in=20
developing and carrying out land management planning. The rule=20
explicitly directs the Chief of the Forest Service to establish=20
planning procedures in the Forest Service directives system (36 CFR=20
219.1(c)).
    The Forest Service directives consist of the Forest Service Manual=20
(FSM) and the Forest Service Handbook (FSH), which contain the agency's=20
policies, practices, and procedures and serve as the primary basis for=20
the internal management and control of programs and administrative=20
direction to Forest Service employees. The directives for all agency=20
programs are set out on the World Wide Web/Internet at h=
ttp://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&=
amp;log=3Dlinklog&to=3Dhttp://www.fs.fed.us/im/directives
.

    Generally, the FSM contains legal authorities, objectives,=20
policies, responsibilities, instructions, and guidance needed on a=20
continuing basis by Forest Service line officers and primary staff to=20
plan and execute programs and activities, while the FSH is generally=20
the principal source of specialized guidance and instruction for=20
carrying out the policies, objectives, and responsibilities contained=20
in the FSM.

Need for Direction

    Procedural and technical details associated with implementing the=20
2005 planning rule are needed by NFS units to begin consistent plan=20
amendments or revisions across all NFS units to prevent confusion and=20
to improve public involvement and decisionmaking associated with=20
developing, amending, or revising a land management plan.

Public Participation

    On March 23, 2005, the Forest Service issued 12 interim directives=20
to FSM 1330, 1900, and 1920 and FSH 1909.12 asking for public comment=20
(70 FR 14637). In addition, on August 8, 2005, the Forest Service=20
issued an interim directive (ID) 1909.12-2005-10 to FSH 1909.12 to=20
revise ID 1909.12-2005-8, issued March 23, 2005 to correct a mistake at=20
section 71.12 (70 FR 45647). On September 7, 2006, the Forest Service=20
issued an interim directive combining, with no change, the direction=20
previously issued in ID 1909.12-2005-8 and ID 1909.12-2005-10.
    This notice of issuance involves a final amendment for FSH 1909.12,=20
chapter 70--Wilderness Evaluation. Directives to FSMs 1900 and 1920 and=20
FSH 1909.12, chapters zero code, 10, 20, 30, 40, 50, 60 and 80 were=20
issued on January 31, 2006 (71 FR 5124).
    Comments were submitted by mail, facsimile, and electronically.=20
During the 90-day comment period (ending on June 21, 2005), the agency=20
received 69 original responses and 8,727 copies of one form letter that=20
commented on wilderness evaluation. These responses were analyzed by=20
the Content Analysis Group and documented in a Content Analysis Report.=20
Of the 69 original responses, the Forest Service received responses=20
from 59 individuals and 10 organizations.

Response to Comments on Wilderness Evaluation

Potential Wilderness Areas

    Comment: The Forest Service should not substitute the phrase=20
``potential wilderness areas'' for the phrase ``roadless areas'' in the=20
Forest Service directives' terms because the term is confusing and an=20
attempt to limit examination of roadless areas only to evaluation of=20
their potential for wilderness. Roadless areas have their own status as=20
areas that warrant protection and the planning process should not be=20
limited to protecting only those areas recommended for wilderness=20
designation. Roadless areas not recommended for wilderness will be lost=20
to road building and timber harvest that will destroy their roadless=20
character forever.
    Response: The term ``potential wilderness areas'' was substituted=20
for ``roadless areas'' in the interim directives to stress the reason=20
these areas are identified and evaluated. Many public and internal=20
comments were received on this issue. In the final directive the term=20
``potential wilderness areas'' is used to avoid confusion with the term=20
``inventoried roadless area'' used in the Roadless Area Conservation=20
Rule (36 CFR 294.11, 66 FR 3244, January 12, 2001). The Roadless Area=20
Conservation Rule defined ``inventoried roadless areas'' as areas=20
identified in a set of inventoried roadless area maps in the November=20
2000 Forest Service Roadless Area Conservation, Final Environmental=20
Impact Statement, Volume 2 or subsequent update or revision of those=20
maps. The Roadless Area Conservation Rule definition is different from=20
the criteria for ``potential wilderness areas'' defined at section 71.1=20
of the final directive. The two areas (inventoried roadless areas and=20
potential wilderness areas) may have common boundaries; however, often=20
the areas are different.

Specific Criteria

    Comment: The Forest Service should include specific criteria for=20
inventory and evaluation of roadless areas and require a thorough=20
review of all areas of each national forest, grassland, or prairie,=20
including the 58.5 million acres of previously inventoried roadless=20
areas identified in the Roadless Area Conservation Rule or the RARE II=20
inventory. This new inventory is needed to ensure that areas are=20
included that may have been missed in past efforts.
    Response: Criteria for identifying lands to evaluate for wilderness=20
potential are specified in the guidance in FSH 1909.12, chapter 70. The=20
intent

[[Page 4479]]

is to identify and evaluate all National Forest System (NFS) lands that=20
meet the definition of wilderness in section 2(c) of the 1964=20
Wilderness Act (16 U.S.C. 1131 et seq.) The inventory process outlined=20
in chapter 70 of the handbook requires a thorough review of not only=20
those areas that were identified in previous inventories, but also=20
other areas that may meet the criteria. This ``inventory'' of areas is=20
updated during land management plan revision, and each area meeting=20
inventory criteria is then evaluated following the policy in FSM 1923=20
and the procedural guidance in FSH 1909.12, chapter 70. Based on the=20
evaluation, some potential wilderness areas may be administratively=20
recommended for wilderness designation. But, only the Congress can=20
designate an area as wilderness.

Inventory

    Comment: The Forest Service should include in the roadless area=20
inventory all unroaded areas greater than 1,000 acres in size.
    Response: The criteria for inventory do not include any absolute=20
size limit on what areas can be in the inventory. Areas less than 5,000=20
acres can be considered if they meet several criteria for wilderness=20
characteristics and manageability. The intent is to identify and=20
evaluate all NFS lands that meet the definition of wilderness in=20
section 2(c) of the Wilderness Act.

Criteria for Wilderness

    Comment: The Forest Service should revise the Forest Service=20
directives' criteria for wilderness inventory and evaluation. Some=20
criteria about evidence of past disturbance, such as old mining roads=20
or new routes created illegally by off-road vehicle users or watershed=20
treatments (FSH 1909.12, sec. 71.11) should not be used to eliminate=20
areas from the roadless inventory. The Wilderness Act does not require=20
pristine conditions for designation and that use of criteria such as=20
``sights and sounds'' coming from outside the area are erroneous and=20
not in line with the will of Congress. The section on capability should=20
be cut out entirely, including references to solitude, sights and=20
sounds, challenge, and recreation.
    Response: The directive has been revised to require that all areas=20
meet the statutory definition of wilderness to be considered for the=20
inventory of potential wilderness (FSH 1909.12, sec. 71). This includes=20
providing opportunities for solitude or a primitive and unconfined type=20
of recreation. All specific references to sights and sounds as=20
``inventory criteria'' have been removed. The capability analysis=20
includes an evaluation of an area's ability to provide outstanding=20
opportunities for solitude or primitive and unconfined recreation,=20
consistent with the definition of wilderness in the Wilderness Act.=20
Evaluating the opportunity for solitude appropriately includes=20
isolation from sights, sounds, the presence of others, development, and=20
evidence of humans when analyzing an potential wilderness area (FSH=20
1909.12, sec. 72.1).

Definition

    Comment: The definition of wilderness in the Wilderness Act of=20
1964, section 2(c) should be in FSH section 71.
    Response: That requirement was in the policy section of the interim=20
directive at FSM 1923 so there is no need to repeat it in chapter 70 of=20
FSH 1909.12. But, because of public and internal comment, and to make=20
it clear that the Forest Service is identifying lands that could=20
potentially be considered as additions to the National Wilderness=20
Preservation System, the requirement for satisfying the definition of=20
wilderness found in section 2(c) of the Wilderness Act has been added=20
back into section 71.

Pending Wilderness

    Comment: The Forest Service should allow potential wilderness areas=20
to be managed as wilderness study areas until wilderness designation is=20
achieved or settled by Congress.
    Response: The term ``wilderness study area'' is a specific term=20
used in the Eastern Wilderness Act of 1975 (16 U.S.C. 1132(note)) and=20
other statutes. To clarify, direction has been added at FSH 1909.12,=20
sec. 71. All areas that meet the definition of wilderness (sec. 2(c) of=20
the Wilderness Act) and the criteria in FSM 1923 and FSH 1909.12,=20
chapter 70 are evaluated for wilderness suitability in land management=20
plan revisions. Those areas administratively recommended for wilderness=20
or wilderness studies are not available for any use or activity that=20
may reduce their wilderness potential. Not all areas evaluated will be=20
found suitable for wilderness.

Wilderness Character

    Comment: The Forest Service should clarify when and how evaluation=20
for wilderness could take place outside the planning process. FSM 1923=20
implies that this could happen.
    Response: There was policy direction and guidance in the interim=20
directives at FSM 1923.12 and section 73.2 of FSH 1909.12, chapter 70=20
about the requirements for proposals resulting from wilderness studies=20
not incorporated in land management plans, including legislatively=20
mandated studies. The direction and guidance remains part of the=20
amended directives in FSM 1923 and FSH 1909.12, chapter 70. Such a=20
study could be directed by Congress.

Boundaries for Potential Wilderness Areas

    Comment: The Forest Service should draw boundaries for roadless=20
areas or potential wilderness areas to the edge of impact. Boundaries=20
should be on a road, rather than buffered some distance back from the=20
road.
    Response: The directive has been revised to specify that boundaries=20
of areas being considered for the inventory of potential wilderness be=20
at prominent natural or semi-permanent human-made features to help ease=20
on-the-ground identification (FSH 1909.12, secs. 71.12 and 72.1). And,=20
the directions state that boundaries of areas administratively=20
recommended for wilderness designation may be adjusted. This includes=20
setting boundary lines with a setback from features such as roads,=20
trails, dams, powerlines, pipelines, and bridges. Such setback areas=20
are frequently needed to provide for the operation, administration, and=20
management of such features.

Definition of Terms

    Comment: The Forest Service should clarify the meanings of the=20
terms ``road,'' ``unroaded,'' and ``roadless'' as used in the Forest=20
Service directives' wilderness review provisions. Old jeep trails and=20
other routes that are no longer maintained should not be considered=20
``improved'' roads and their presence should not be used to exclude=20
areas from the roadless inventory.
    Response: The term ``unroaded'' is not used in the final directive.=20
The first step in the evaluation of potential wilderness areas is to=20
identify and inventory all areas within National Forest System (NFS)=20
lands that satisfy the definition of wilderness found in section 2(c)=20
of the Wilderness Act. Areas of potential wilderness identified in this=20
process are called potential wilderness areas. The final amendment to=20
the directive refers to forest roads using the new agency definition at=20
Title 36, Code of Federal Regulations, Part 212--Administration of the=20
Forest Transportation System, section 212.1. A forest road is defined=20
as a road wholly or partly within or adjacent to and serving the NFS=20
that the Forest Service determines is necessary for the protection,=20
administration, and use of the NFS and the use and development of its=20
resources. One of the criteria that must be met to include an

[[Page 4480]]

area on the inventory is that it does not contain forest roads (36 CFR=20
212.1) or other permanently authorized roads, except as permitted in=20
areas east of the 100th meridian.

Areas To Be Evaluated

    Concern: The Forest Service directives should require that all=20
areas be evaluated according to the criteria described in section 72.41=20
of its handbook, including those areas east of the 100th meridian.
    Response: The handbook guidance has been corrected at section 72.4=20
so that it applies to all areas evaluated for their wilderness=20
potential.

Overview of Changes to Content of Chapter 70--Wilderness Evaluation

    The final directive recodes the chapter (parent text) from a 1-
digit chapter to a 2-digit chapter. Interim directive (ID) 1909.12-
2005-8, ID 1909.12-2005-10, and ID 1909.12-2006-1 were issued using the=20
2-digit coding scheme. The final directive revises and updates the=20
direction previously contained in the parent text. In addition, the=20
final directive incorporates direction with adjustments made from=20
comments on the Interim Directive 1909.12-2005-8 (ID). The digest=20
contained within the final directive conveys the changes effected in=20
agency policy and procedures. The major changes between the ID and the=20
final directive are described below:
    Section 71, paragraph 1, of the final directive adds direction on=20
the statutory definition of wilderness, and adds at paragraph 2=20
direction about the term ``potential wilderness area'' and explains=20
what the identification and inventory of potential wilderness areas=20
means. In addition paragraph 2, adds a sentence to clarify the=20
difference in terminology between lands east and west of the 100th=20
meridian. Paragraph 3 was added to recognize the uniqueness of each=20
area and the use of local knowledge and judgment in the inventory=20
process.
    In section 71.1, the introductory paragraph clarifies that areas=20
qualify for placement on the inventory if they meet either criteria 1=20
and 3 or 2 and 3. In addition, the areas may have improvements if they=20
meet the criteria in section 71.11, and for areas east of the 100=20
meridian they must also meet the criteria in 71.12. Clarifies the=20
intent of enumerated paragraph 2, explaining that it is not necessary=20
to meet all three criteria within paragraph 2. At paragraph 2, removes=20
the terms ``physiography or vegetation'' and adds the term ``physical=20
terrain.'' Revises enumerated paragraph 3, the third criterion=20
concerning roads, from ``they do not contain improved roads maintained=20
for travel by standard passenger-type vehicles'' * * * to ``they do not=20
contain forest roads (36 CFR 212.1) or other permanently authorized=20
roads.'' The term ``forest roads'' is defined by the new agency=20
definition at Title 36, Code of Federal Regulations, Part 212--
Administration of the Forest Transportation System, Sec.  212.1. That=20
is a ``forest road'' is a road wholly or partly within or adjacent to=20
and serving the National Forest System (NFS) lands that the Forest=20
Service determines is necessary for the protection, administration, and=20
use of the NFS and the use and development of its resources.
    Within section 71.12, changes the caption to ``Criteria for=20
Potential Wilderness East of the 100th Meridian.'' The amendment=20
incorporates direction on criteria for areas east of the 100th meridian=20
(formerly in ID) with changes to the introductory paragraph, enumerated=20
paragraph 5, and other editorial changes. At paragraph 1, the final=20
directive clarifies that the criteria in section 71.12 are in addition=20
to the criteria in sections 71.7 and 71.11. At enumerated paragraph 5,=20
and revises the wording to be consistent with that at section 71.1=20
concerning forest roads.
    Within section 72.1 revises the principal wilderness=20
characteristics from those described in the ID (environment, challenge,=20
outdoor recreation opportunities, special features, manageability) to=20
those described in the 1964 Wilderness Act: (1) Natural; (2)=20
undeveloped; (3) outstanding opportunities for solitude or primitive=20
and unconfined recreation; (4) special features and values; and (5)=20
manageability. At enumerated paragraph 5, incorporates wording from=20
section 7.21 of parent text pertaining to how boundaries affect the=20
manageability of an area (wording had been removed by the ID). However,=20
at enumerated paragraph 5, did not incorporate the previously coded=20
paragraph d (formerly in section 7.21 of parent text) about=20
``boundaries acting as a shield.''
    Within section 73.3 removes the following unnecessary explanatory=20
information on public hearings previously contained in the ID (formerly=20
in section 7.33 of parent text): ``Congress, in legislation subsequent=20
to the Wilderness Act, has considered it necessary to expressly provide=20
for public involvement by reference to section 3(d) of the original=20
act. This section applied to those areas that, on the effective date of=20
the Wilderness Act, were described as primitive. Therefore, there is no=20
statutory requirement that review of selected areas that may have=20
likelihood for wilderness designation comply with the public=20
participation provisions of section 3(d) of the Act. However, the fact=20
that Congress, in designating wilderness study areas, has required=20
hearings does imply a desire for public participation in a hearing or=20
some comparable proceeding, such as a public meeting, in order to=20
obtain comment about wilderness recommendations while developing or=20
revising a land management plan.'' Other changes were made throughout=20
the document for clarity.

Regulatory Certifications

Environmental Impact

    This final directive provides the detailed direction to agency=20
employees necessary to carry out the provisions of the final 2005=20
planning rule adopted at 36 CFR part 219 governing land management=20
planning. Section 31.12 of FSH 1909.15 (57 FR 43208; Sept. 18, 1992)=20
excludes from documentation in an environmental assessment or impact=20
statement ``rules, regulations, or policies to establish Service-wide=20
administrative procedures, program processes, or instructions.'' The=20
agency's conclusion is that this final directive falls within this=20
category of actions and that no extraordinary circumstances exist as=20
currently defined that require preparation of an environmental=20
assessment or an environmental impact statement.

Regulatory Impact

    This directive has been reviewed under USDA procedures. The final=20
directive would not have an annual effect of $100 million or more on=20
the economy nor adversely affect productivity, competition, jobs, the=20
environment, public health or safety, nor state or local governments.=20
The directive would not interfere with an action taken or planned by=20
another agency nor raise new legal or policy issues. Finally, the=20
directive would not alter the budgetary impact of entitlements, grants,=20
user fees, or loan programs or the rights and obligations of recipients=20
of such programs.
    Moreover, the directive has been considered in light of Executive=20
Order 13272 regarding proper consideration of small entities and the=20
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),=20
which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No=20
direct or indirect financial impact on small businesses or other=20
entities has been identified. Therefore, it is hereby certified that=20
this final directive will not have a significant

[[Page 4481]]

economic impact on a substantial number of small entities as defined by=20
the act.

No Takings Implications

    This final directive has been analyzed in accordance with the=20
principles and criteria contained in Executive Order 12360,=20
Governmental Actions and Interference with Constitutionally Protected=20
Property Rights, and it has been determined that it would not pose the=20
risk of a taking of private property as they are limited to the=20
establishment of administrative procedures.

Energy Effects

    This final directive has been analyzed under Executive Order 13211,=20
Actions Concerning Regulations That Significantly Affect Energy Supply,=20
Distribution, or Use. It has been determined that it does not=20
constitute a significant energy action as defined in the Executive=20
order.

Civil Justice Reform

    This final directive has been reviewed under Executive Order 12988,=20
Civil Justice Reform. This final directive will direct the work of=20
Forest Service employees and is not intended to preempt any state and=20
local laws and regulations that might be in conflict or that would=20
impede full implementation of this directive. The directive would not=20
retroactively affect existing permits, contracts, or other instruments=20
authorizing the occupancy and use of National Forest System lands and=20
would not require the institution of administrative proceedings before=20
parties may file suit in court challenging its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2=20
U.S.C. 1531-1538), which the President signed into law on March 22,=20
1995, the effects of this final directive on state, local, and tribal=20
governments, and on the private sector have been assessed and do not=20
compel the expenditure of $100 million or more by any state, local, or=20
tribal government, or anyone in the private sector. Therefore, a=20
statement under section 202 of the act is not required.

Federalism

    The agency has considered this final directive under the=20
requirements of Executive Order 13132, Federalism. The agency has made=20
an assessment that the final directive conforms with the federalism=20
principles set out in this Executive order; would not impose any=20
significant compliance costs on the states; and would not have=20
substantial direct effects on the states, on the relationship between=20
the national government and the states, or on the distribution of power=20
and responsibilities among the various levels of government. Moreover,=20
this final directive addresses the land management planning process on=20
national forests, grasslands, or other units of the National Forest=20
System, which do not directly affect the states.

Consultation and Coordination With Indian Tribal Governments

    This final directive does not have tribal implications as defined=20
by Executive Order 13175, Consultation and Coordination with Indian=20
Tribal Governments, and therefore, advance consultation with tribes is=20
not required.

Controlling Paperwork Burdens on the Public

    This final directive does not contain any record keeping or=20
reporting requirements or other information collection requirements as=20
defined in 5 CFR part 1320 and, therefore, impose no paperwork burden=20
on the public. Accordingly, the review provisions of the Paperwork=20
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and implementing=20
regulations at 5 CFR part 1320 do not apply.

Conclusion

    This final directive provides consistent interpretation of the 2005=20
planning rule for line and staff officers, and interdisciplinary teams.=20
Therefore, the agency can fulfill its commitment to improve public=20
involvement and decisionmaking associated with developing, amending, or=20
revising a land management plan.
    The full text of this handbook is available on the World Wide Web=20
at =
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html=
&log=3Dlinklog&to=3Dhttp://www.fs.fed.us./im/directives. =
Single paper copies are=20

available upon request from the address and telephone numbers listed=20
earlier in this notice as well as from the nearest regional office, the=20
location of which are also available on the Washington Office=20
headquarters homepage on the World Wide Web at http://frwebgat=
e.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlink=
log&to=3Dhttp://www.fs.fed.us.


    Dated: December 21, 2006.
Dale N. Bosworth,
Chief, Forest Service.
[FR Doc. E7-1554 Filed 1-30-07; 8:45 am]

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