From: Subject: FR Doc E8-2659 Date: Mon, 25 Feb 2008 22:29:43 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/E8-2659.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-2659 
[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Notices]              =20
[Page 8265-8269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe08-37]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC44

=20
Native Plant Material Policy (Forest Service Manual 2070)

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency final directive.

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

SUMMARY: The Forest Service is issuing a new directive to Forest=20
Service Manual (FSM) 2070 for native plant materials, which provides=20
direction for the use, growth, development, and storage of native plant=20
materials.

DATES: This directive is effective February 13, 2008.

ADDRESSES: A copy of the final directive is available at http://frwebgate.access.gpo.gov=
/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklog&to=3Dhtt=
p://www.fs.fed.us/rangelands/whoweare/documents/FSM2070_Final_2_062905.pd=
f
.

    The administrative record for this final directive is available for=20
inspection and copying at the office of the Director, Rangeland=20
Management Staff, USDA Forest Service, 3rd Floor South, Sidney R. Yates=20
Federal Building, 1400 Independence Avenue, SW., Washington, DC, from=20
8:30 a.m. to 4 p.m., Monday through Friday, except holidays. Those=20
wishing to inspect the administrative record are encouraged to call in=20
advance to Brian Boyd, (202) 205-1496 to facilitate entrance into the=20
building.

FOR FURTHER INFORMATION CONTACT: Larry Stritch, Rangeland Management=20
Staff, USDA Forest Service, Mailstop 1103, 1400 Independence Avenue,=20
SW., Washington, DC 20250, (202) 205-1279.

SUPPLEMENTARY INFORMATION: Title 36 CFR 219.10(b) states: ``The overall=20
goal of the ecological element of sustainability is to provide a=20
framework to contribute to development and maintenance of native=20
ecological systems by providing desired ecological conditions to=20
support diversity of native plant and animal species in the plan=20
area''. Executive Order 13112 (February 3, 1999, sec. 2(a)(2)(IV)) on=20
invasive species states the agencies will ``provide for restoration of=20
native species and habitat conditions in ecosystems that have been=20
invaded [by non-native species]''. In accordance with the Executive=20
order and regulation, the Forest Service is issuing a new final=20
directive to Forest Service Manual (FSM) 2070 for native plant=20
materials, which addresses the uses of these materials in the=20
revegetation, restoration, and rehabilitation of National Forest System=20
lands in order to achieve the Agency's goal of providing for the=20
diversity of plant and animal communities. The policy directs=20
collaboration with federal, state, and local government entities and=20
the public to develop and implement actions to increase the=20
availability of native plant materials for use in revegetation,=20
restoration, and rehabilitation.
    Toward development of this policy, the goal of the Forest Service=20
is to promote the use of native plant materials in revegetation for=20
restoration and rehabilitation in order to manage and conserve=20
terrestrial and aquatic biological diversity. This policy defines a=20
native plant as: all indigenous terrestrial and aquatic plant species=20
that evolved naturally in an ecosystem.
    This policy also requires the use of best available information to=20
choose ecologically adapted plant materials for the site and situation.=20
Moreover, the policy states that native plants are to be used when=20
timely natural regeneration of the native plant community is not likely=20
to occur; native plant materials are the first choice in revegetation=20
for restoration and rehabilitation efforts.
    This policy does not discount the management use of non-native=20
plant materials. Non-native, non-invasive plant species may be used=20
when needed: (1) In emergency conditions to protect basic resource=20
values such as soil stability and water quality; (2) As an interim,=20
non-persistent measure designed to aid in new establishment of native=20
plants (unless natural soil, water and biotic conditions have been=20
permanently altered); (3) In conditions and management situations where=20
native plant species are not available; and (4) When working in=20
permanently altered plant communities. Under no circumstances will=20
invasive plant species be used.

Public Comments on Proposed Policy and Forest Service's Responses:

Overview

    On May 26, 2006, the Forest Service published the proposed policy=20
in the Federal Register and sought public comment in adopting a new=20
policy on native plant materials into Forest Service Manual 2070 (71 FR=20
30375).
    During the 60-day comment period on the proposed policy which ended=20
on July 26, 2006, the agency received one request for an extension of=20
the comment period.
    On July 25, 2006 the Forest Service published the Notice of=20
Extension of Public Comment Period in the Federal Register (71 FR=20
42079) and extended the comment period 30 days. During the 30-day=20
extended comment period on the proposed policy which ended August 24,=20
2006, no requests for a further extension of the comment period were=20
received.
    The Forest Service received 53 letters or electronic messages in=20
response to this proposed policy. Each respondent was placed into one=20
of the following categories:

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

------------------------------------------------------------------------
Business.......................................................       10
Federal Agencies...............................................        2
State Agencies.................................................        4
Non-Governmental Organizations.................................       16
Individuals (unaffiliated or unidentifiable)...................       21
------------------------------------------------------------------------

    Most respondents (42) offered general comments supporting the=20
proposed FSM 2070 Native Plant Material Policy. Nine respondents=20
offered several comments not supporting the policy and two commenters=20
were neutral. Many respondents offered specific comments about sections=20
of the proposed policy.

General Comments

    Many respondents expressed very supportive comments in favor of the=20
use of native plants by the Forest Service in carrying out restoration,=20
revegetation, and rehabilitation projects. The respondents who were not=20
supportive of the proposed policy were concerned with the cost,=20
availability, and equipment to put native plant seed and other native=20
plant materials into the ground. FSM 2070 gives the decisionmaker wide=20
latitude in determining when, where, and which native species to use.=20
FSM 2070.3 allows cost and availability of native species to be a=20
consideration when deciding not to use native plant materials. The=20
feasability of sowing or planting native plant materials would be a=20
consideration as well. Additionally, cost of personnel to manage and=20
oversee

[[Page 8266]]

this program was a concern as well. The Forest Service will be adding=20
these duties to existing program management responsibilities.
    Comment. The preference of certain plant species ought not to be=20
the foremost policy objective of the Forest Service pertaining to=20
resource protection; the primary consideration should be, as it has=20
been, the rapid and effective reestablishment of vegetation, using=20
whatever species are most successful in doing so.
    Response. The Forest Service agrees that the timely reestablishment=20
of vegetation to protect soil and water resource values is our part of=20
our mission. It is important that reestablishment of vegetation does=20
not itself cause a new problem, as may be the case with non-native=20
species, and the FSM provides sufficient discretion to allow for non-
native planting when natives are not available or appropriate.
    Comment. Many native plant species are not conducive to being=20
mechanically spread, due to oddly shaped seeds and other factors. Many=20
species are also characterized by long germination periods, rendering=20
them of little utility for rapid site occupancy.
    Response. The final policy takes into account factors such as those=20
identified by the commenter, and native and non-native plant material=20
that cannot meet this direction will not be used. The final policy has=20
not been changed from the proposal in this respect.
    Comment. We do not support the use of non-native, non-invasive=20
plant materials regardless of the situation. It is well known that a=20
non-native plant species may be present in an ecosystem for decades=20
before it becomes invasive.
    Response. The Forest Service is very aware of the challenging=20
issues surrounding the removal of invasive species and not letting=20
invasive, non-native species become established. There will be=20
instances when native plant materials are not available or their cost=20
is prohibitive. The FSM provides the line officer with ``limited''=20
circumstances when non-native plant materials may be used. The final=20
policy has not been changed from the proposal in this respect. The=20
Forest Service, working with our partners, will continue to use the=20
best available information when selecting non-native plant materials=20
for restoration, revegetation and reehabilitation projects.
    Comment. Several commenters expressed the need for the Forest=20
Service to work with adjacent landowners and with other governmental=20
agencies to provide for effective invasive species control. It will do=20
the Forest Service no good to restore an area to native plants, only to=20
have it engulfed with invasive vegetation from adjoining land.
    Response. We agree that cooperation with adjacent landholders and=20
all our partners and stakeholders will be essential to successful=20
implementation of this policy.
    Comment. The proposed directive does not include any language about=20
commercial uses of native plants.
    Response. FSM direction for the commercial harvest of special=20
forest products is contained within FSM 2400.
    Comment. We would encourage adding a policy to include a segment on=20
native plant materials in Forest Service outreach and education=20
efforts, forest visitor centers and supporting interpretive materials=20
and adding appropriate native plant materials curriculum to existing=20
training courses for managers, planners and field staff.
    Response. We agree with the goal of public outreach, education=20
efforts, etc. FSM 2070.2 objectives 1--6 contain specific direction to=20
promote, inform, train, and educate our personel and to work with our=20
partners in doing so. Many of these public outreach objectives are met=20
through our various interpretive materials and programs that are=20
created and delivered on the forest and grassland level, making it more=20
specific to their local publics. A great deal of this type of=20
information has already been placed on the Forest Service's Celebrating=20
Wildflowers Web site (htt=
p://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&am=
p;log=3Dlinklog&to=3Dhttp://www.fs.fed.us/wildflowers) where a=20

considerable amount of material on native plant materials has been=20
posted. As it pertains to training, the Forest Service will incorporate=20
aspects of this native plant materials policy into various exisiting=20
training courses. FSM 2070.45(3) and FSM 2070.45(6) require Forest and=20
Grassland Supervisors to ensure that this policy is implemented and=20
that all pertinent and required training is carried out so as to=20
implement this new policy on native plant materials.
    Comment. Several Commenters want certain parts of the policy to=20
list important partners such as state native plant societies, local=20
universities, invasive/exotic plant pest species councils and others.
    Response. The Forest Service has a proud history of working with=20
our partners, concerned citizens and other stakeholders. The Forest=20
Service believes there is no need to list specific partners in order to=20
carry out the policy to cooperate with partners. Moreover, it would be=20
a long list, and even so would inevitably be incomplete. The agency=20
will work closely with all interested parties in the implementation of=20
this new policy.
    Comment. One Commenter stated, ``if invasive plants are removed and=20
the area replanted with native plants, the native plants do not=20
survive. They are browsed by deer. Revegetation and rehabilitation=20
cannot take place until the size of the deer herd is controlled. Deer=20
herd management is the first priority.''
    Response. We agree in many of our national forests very large=20
numbers of deer are having adverse effects on our native plants and=20
native plant communities. The Forest Service has close working=20
relationships with the state wildlife agencies. We are working with=20
them to find long-term solutions to overly large deer populations. The=20
Forest Service has undertaken short-term measures to protect native=20
plants from deer such as fencing exclosures and use of protective=20
netting over native plants.
    Comment. All the attention appears to focus on the `large flora'=20
species, and ignores the rhizosphere species of mycorrhiza, rhizobium=20
and other soil beneficial bacteria and fungi.
    Response. We agree that micro flora and fauna contained in the soil=20
are very important considerations in the choice and use of native plant=20
materials. This policy addresses species classified as belonging to the=20
Kingdom Plantae. Bacteria are classified as belonging to Kingdom=20
Monera. Fungi are classified as belonging to the Kingdom Fungi.=20
Therefore they are not addressed in this policy.
    Comment. The assumption seems to be that ``plant species'' or=20
``vegetative material'' pertains to vascular plants.
    Response. This policy addresses the use of native plant materials.=20
The definition of native plant species does not exclude non-vascular=20
plants. The policy addresses any species belonging to the Kingdom=20
Plantae and as such includes both vascular and non-vascular plant=20
species.
    Comment. There absolutely must be some standard reference list as=20
to what is native and what is not.
    Response. The policy does not provide a standard list or reference=20
because the determination of whether a plant species is native must be=20
made on a local basis; a species may be native in one area of a state=20
and not in another.
    The Forest Service did not receive any Comments on sections 2070.11=20
Laws; section 2070.12 Regulations; and section 2070.13 Executive=20
Orders.
    Sections 2070.2 Objectives and 2070.3 Policy received many Comments=20
that cut across both sections. Therefore,

[[Page 8267]]

comments on those sections and the agency's responses are consolidated.
    Comment. One commenter was concerned with non-native plants that=20
may be ``exempted'' due to the need to maintain historical integrity.=20
What would happen if an invasive species like purple loosestrife had=20
been planted there by a CCC crew.
    Response. This policy does not address the removal of noxious weeds=20
or invasive species. Direction for noxious weeds is addressed in FSM=20
2080. The Forest Service is currently developing policy to address=20
invasive species.
    Comment. One organization commented ``that Policy points 2070.3(2)=20
and 2070.3(3) appear to contradict each other. * * * believes=20
differentiating between the intention of using persistent plant=20
materials in Policy point 2070.3(2) and non-persistent plant materials=20
in Policy point 2070.3(3) can eliminate this contradiction.''
    Response. In this final directive 2070.3(2), we have inserted the=20
word ``persistent'' to make the meaning of the directive clearer.=20
FSM2070.3(2) now reads:

    Restrict the use of persistent, (added emphasis) non-native,=20
non-invasive plant materials to only those situations when timely=20
reestablishment of a native plant community either through natural=20
regeneration or with the use of native plant materials is not likely=20
to occur.

    Comment. One organization stated ``We feel it should be clearly=20
stated in the policy that it is acceptable to utilize non-invasive,=20
non-native plants for wildlife habitat improvement. Non-native non-
invasive plants should be considered for use in a variety of situations=20
including areas that have not been permanently or tempoarily altered.=20
Some examples would be permanent and temporary wildlife openings, log=20
landings, skid trails, temporary roads that have been closed and are=20
used for linear wildlife openings.'' A number of commenters took a=20
similar position with respect to planting for wildlife habitat.
    Response. FSM 2070.2(4) states: ``Promote the appropriate use and=20
availability of native and appropriate non-native plant materials.''=20
While the general policy is to give primary consideration to the use of=20
native plant species, the policy is flexible and allows for the use of=20
non-native, non-invasive plant species in certain types of situations.=20
FSM 2070 gives the decision maker broad discretion in the use of both=20
native and non-native non-invasive plant species. The Forest Service=20
has a proud history of working with other state and federal agencies,=20
Tribes, and other interested organizations including organizations with=20
wildlife habitat improvement as one of their primary mission areas.=20
Working with our partners we will look for opportunities to develop a=20
readily available supply of native plant materials that may be used in=20
place of non-native, non-invasive plant species and still meet habitat=20
management goals. FSM 2070.3(2)(c) now reads: ``In permanently highly=20
altered plant communities, such as road cuts, permanent and temporary=20
wildlife openings, log landings, skid trails, temporary roads that have=20
been closed and are used for linear wildlife openings and sites=20
dominated by non-native non-invasive species.''
    Comment. This direction fails to designate criteria or=20
qualifications for staff delegated to decide what plants are suitable=20
for use.
    Response. The agency believes that the direction does in fact=20
establish qualifications for staff who will select plants to be used in=20
revegetation, rehabilitation or restoration. The FSM provides for=20
direction and statement of policy. FSM 2070.45 delegates to the Forest=20
and Grassland Supervisors the responsibility for training personnel to=20
become trained or certified. Local conditions will require specific=20
training that addresses local needs. For example, each state will have=20
different laws and regulations concerning the labeling of seed.
    Comment. One commenter believes that the addition of several words=20
to the introductory sentence of section 2070.3 of FSM 2070 will lend=20
greater clarity to the specific purpose of this document. Specifically=20
he suggests that the bold, underlined words in the phrase below be=20
added to the text: ``Policies for the selection, use and storage of=20
native and non-native plant materials that are used in the=20
revegetation, restoration and rehabilitation of National Forest system=20
lands are as follows.
    Response. The Forest Service agrees. FSM 2070.3 has been changed to=20
read:

    Policies for selection, use and storage of native and non-native=20
plant materials that are used in the revegetation, restoration and=20
rehabilitation of National Forest System lands are as follows:=20
(emphasis added)

    Comment. In FSM 2070.3(2)(c), we are not comfortable with the=20
example where reestablishment of a native plant community is not likely=20
to occur. It is true some roadsides and roadcuts have fill or exposure=20
of soils or other features that make establishment of the surrounding=20
native community unlikely, and sites that are predominately exotic=20
weeds may make establishment of a diverse native community difficult.=20
However, use of even limited native species in these areas would=20
provide a buffer to the surrounding areas and reduce the threat of the=20
spread of weedy species following natural disturbances. In this=20
instance we would prefer to include a clarifying phrase, such as=20
``where no suitable native species can be established.''
    Response. Nothing in FSM 2070 precludes the use of native species=20
in any revegetation, restoration or rehabilitation project including=20
roadcuts. There are many projects where the Forest Service has used=20
native species in roadside projects. FSM 2070.3(1) states:

    Ensure native plant materials are given primary consideration.

    The purpose of giving examples of where non-native non-invasive=20
species may be used was to provide the public and Forest Service=20
personel with additional information. Other examples could include=20
reclaimed mine spoils. However, the overarching consideration,=20
especially for these type of projects, is contained in FSM 2070.2(2)=20
which states:

    Maintain adequate protection for soil and water resources,=20
through timely and effective revegetation of disturbed sites that=20
could not be restored naturally.

    Comment. Several commenters wanted further restrictions on the use=20
of native plant materials that are not representative of the local=20
ecotypes as outlined in FSM 2070.3.
    Response. We have changed FSM 2070.3(1) to now read

    Ensure genetically appropriate (emphasis added) native plant=20
materials are given primary consideration.

    Comment. One commenter wanted ``emergency conditions'' from FSM=20
2070.3(2)(a) defined.
    Response. The determinination of emergency conditions is best=20
determined at the local level by the appropriate line officer, i.e.=20
district ranger and forest or grassland supervisor. Further FSM=20
2070.3(3) directs that:

    Select non-native plants as interim, non-persistent plant=20
materials provided they will not hybridize with local species, will=20
not permanently displace native species or offer serious long-term=20
competition to the recovery of endemic plants and are designed to=20
aid in the re-establishment of native plant communities.

    Comment. FSM 2070.3(8) should address special forest products as=20
well as timber.
    Response. FSM 2070.3(8) now reads in part, Specific direction for=20
commercial timber species and special forest products is in FSM 2470.
    Comment. The directive does not include any mention of the cultural

[[Page 8268]]

aspects of native plants or require the involvement of experts who=20
would be able to inform sociocultural considerations. Under FSM=20
2070.4--Responsibilities: Language needs to be added to include social=20
scientists in assessment and planning regarding the type of native=20
plant species selected.
    Response. The direction does not provide for the resource skills=20
necessary to carry out a project analysis. It is the responsibility of=20
the Forest, Grassland Supervisor, or District Ranger to determine which=20
personnel will be assigned to the inter-disciplinary team that conducts=20
the project analysis. The only requirement this direction provides for=20
a revegetation, restoration or rehabilitation project is found at FSM=20
2070.3(5) which states:

    Ensure that development, review and/or approval of revegetation,=20
rehabilitation and restoration plans, including species selection,=20
genetic heritage, growth stage and any needed site preparation, is=20
done by a plant materials specialist who is knowledgeable and=20
trained or certified in the plant community type where the=20
revegetation will occur.

    Other resource specialists are assigned to an interdisciplinary=20
team based upon scoping comments from the public and the various=20
resources that need to be analyzed as part of the project analysis. If=20
socio-cultural aspects of potential plant species chosen is an issue=20
that needs to be addressed the appropriate line officer will ensure=20
that the necessary expertise is available to analyze the issue.
    The Forest Service received a comment concerning section 2070.41=20
Chief.
    Comment. One commenter suggested that the Forest Service include=20
the seed industry when promoting cooperation and coordination for the=20
development and supply of native and non-native plant materials (FSM=20
2070.41.3 Responsibilities of the Chief).
    Response. The Forest Service agrees. FSM 2070.41.3 has been changed=20
to incorporate the seed industry. FSM 2070.41.3 now reads:

    Promotes cooperation and coordination between federal agencies,=20
state, tribal and local governments, the seed industry (emphasis=20
added), the nursery industry, partners and the public for the=20
development and supply of native and non-native plant materials.

    The Forest Service received no comments for section 2070.42 Deputy=20
Chief for National Forest Systems.
    The Forest Service received no comments for section 2070.43=20
Regional Forester.
    The Forest Service received several comments concerning section=20
2070.45 Forest and Grassland Supervisors.
    Comment. Proposed FSM 2070.45 states that Forest and Grassland=20
Supervisors may ``delegate the authority, if necessary, to use=20
genetically appropriate native and non-native plant materials in=20
revegetation projects.'' This direction fails to designate criteria or=20
qualifications for staff delegated to decide what plants are suitable=20
for use.
    Response. FSM 2070.4 lays out the delegation of authorities from=20
the Chief down to the District Ranger. Only a line officer can make an=20
agency decision and only a line officer may be delegated authority to=20
make a decision. FSM 2070.45 is stating that a Forest or Grassland=20
Supervisor may delegate the authority; in this case the delegation is=20
to the District Ranger. Staff do not make decisions.
    Comment. One commenter stated that the Forest Service must provide=20
sufficient training based on the best available science for plant=20
material specialists.
    Response. The Forest Service agrees. The Forest Service will=20
provide appropriate and necessary training to enable the agency to=20
implement this new direction.
    The Forest Service received no comments for section 2070.46=20
District Ranger.
    The Forest Service received many comments concerning section 2070.5=20
Definitions.
    Comment. Many commenters believe the Forest Service definition of=20
``native plant'' is too restrictive. One commenter believes the=20
selection of this material by the project manager can be better=20
implemented by separating the definition of plants into three=20
categories; local native plant material, non-local native plant=20
material and introduced plant material. Many other comments were=20
submitted concerning the definition of ``native plant.''
    Response. The definition of native plant has been changed to the=20
definition used by the federal interagency Plant Conservation Alliance.=20
The definition now reads:

    A plant species which occurs naturally in a particular region,=20
state, ecosystem and habitat without direct or indirect human=20
actions.

    Comment. Several commenters wanted the definition of noxious weed=20
changed.
    Response. The definition of noxious weed has been amended to=20
provide further clarification. The definition now reads,

    A plant species designated as a noxious weed by the Secretary of=20
Agriculture pursuant to the Plant Protection Act of 2000 or by the=20
responsible State official. Noxious weeds generally possess one or=20
more of the following characteristics: aggressive and difficult to=20
manage, poisonous, toxic, parasitic, a carrier or host of serious=20
insects or disease, and being non-native or new to or not common to=20
the United States or parts thereof.

    Comment. A number of respondents offered comments asking for=20
rewording of the definitions of several terms contained in FSM 2070.5.
    Response. The Forest Service disagrees in changing the definitions=20
of terms except for the change of definition for ``native plant'' and=20
``noxious weed'' as noted above. The remaining definitions were=20
examined, and based upon the use of these terms by the scientific=20
community, the definitions remain unchanged.
    Section 2070.6 References received one comment.
    Comment. More references should be cited, but I have none to offer.
    Response. Realizing that providing a list of references invariably=20
will result in omissions, the Agency has removed section 2070.6--
References from the final policy.
    Therefore, for the reasons set out in this notice, the Forest=20
Service is adopting as final an amendment to FSM 2070 to establish=20
native plant material policy. The final directive is available at the=20
addresses listed in the ADDRESSES section of this notice.

Regulatory Certifications

Regulatory Impact

    This final directive has been reviewed under USDA procedures and=20
Executive Order 12866 (September 30, 1993) on regulatory planning and=20
review. It has been determined that this is not a significant action.=20
This final action to provide agency direction would not have an annual=20
effect of $100 million or more on the economy nor adversely affect=20
productivity, competition, jobs, the environment, public health or=20
safety, nor State or local governments. This final action would not=20
interfere with an action taken or planned by another agency nor raise=20
new legal or policy issues. Finally, this final action would not alter=20
the budgetary impact of entitlements, grants, user fees, or loan=20
programs or the rights and obligations of recipient's program.=20
Accordingly, this final action is not subject to Office of Management=20
and Budget review under Executive Order 12866.

[[Page 8269]]

Environmental Impact

    These final additions to Forest Service Manual (FSM) 2070 would=20
address the use of native plant materials in revegetation,=20
rehabilitation, and restoration projects; and when nonnative,=20
noninvasive species may be used. Section 31.1b of Forest Service=20
Handbook (FSH) 1909.15 (57 FR 43168; September 18, 1992) excludes from=20
documentation in an environmental assessment or impact statement=20
``rules, regulations, or policies to establish Service-wide=20
administrative procedures, program processes, or instruction.'' The=20
Agency's preliminary assessment is that this final action falls within=20
this category of actions, and that no extraordinary circumstances exist=20
as currently defined which would require preparation of an=20
environmental impact statement or environmental assessment. A final=20
determination will be made upon adoption of the final directive.

Federalism

    The agency has considered this final directive under the=20
requirements of Executive Order 13132 (August 4, 1999) on federalism.=20
The agency has made an assessment that the final directive conforms=20
with the federalism principles set out in this executive order; would=20
not impose any 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, nor on the distribution of=20
power and responsibilities among the various levels of government.=20
Therefore, the Agency concludes that the final directive does not have=20
federalism implications.

Consultation and Coordination With Indian Tribal Governments

    This final directive has been reviewed under Executive Order 13175=20
(November 6, 2000) on consultation and coordination with Indian tribal=20
governments. This final directive does not have substantial direct=20
effects on one or more Indian tribes, on the relationship between the=20
federal government and Indian tribes, or on the distribution of power=20
and responsibilities between the federal government and Indian tribes.=20
Nor does this final directive impose substantial direct compliance=20
costs on Indian tribal governments or preempt tribal law. Therefore, it=20
has been determined that this final directive does not have tribal=20
implications requiring advance consultation with Indian tribes.

No Takings Implications

    This final directive has been analyzed in accordance with the=20
principles and criteria contained in Executive Order 12630 (March 15,=20
1998) on governmental actions and interference with constitutionally=20
protected property rights. It has been determined that the final=20
directive does not pose the risk of a taking of constitutionally=20
protected private property.

Civil Justice Reform Act

    This final action has been reviewed under Executive Order 12988=20
(February 7, 1996) on civil justice reform. If this final directive=20
were adopted: (1) All State and local laws and regulations that are in=20
conflict with this final directive or which would impede its full=20
implementation would be preempted; (2) no retroactive effect would be=20
given to this final directive; and (3) it would not require=20
administrative proceedings before parties may file suit in court=20
challenging its provisions.

Energy Effects

    This final directive has been reviewed under Executive Order 13211=20
(May 18, 2001) on actions concerning regulations that significantly=20
affect energy supply, distribution, or use. It has been determined that=20
this final directive does not constitute a significant energy action as=20
defined in the Executive Order.

Controlling Paperwork Burdens on the Public

    This final directive does not contain any additional recordkeeping=20
or reporting requirements associated with onshore oil and gas=20
exploration and development or other information collection=20
requirements as defined in Title 5 Code of Federal Regulations (CFR),=20
part 1320. Accordingly, the review provisions of the Paperwork=20
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing=20
regulations at 5 CFR part 1320 do not apply.

    Dated: February 7, 2008.
Abigail R. Kimbell,
Chief.
[FR Doc. E8-2659 Filed 2-12-08; 8:45 am]

BILLING CODE 3410-11-P