[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Notices]
[Page 67120-67123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no08-14]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC66
Land Management Plan Guidance
AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of agency interim directive; request for
comment.
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SUMMARY: The Forest Service is issuing an interim directive revising
Forest Service Handbook 1909.12, chapter 10, to guide agency employees
in developing, amending, or revising land management plans for units of
the National Forest System about the content of land management plans.
The chapter focuses particularly on writing plan components, describing
the monitoring program, and considering individual resources during the
planning process. The intended effect of issuing this interim directive
is to provide consistent, overall guidance to Forest Service line
officers and agency employees. As an interim directive, the direction
is effective immediately. Public comment is invited and will be
considered in developing a final directive.
DATES: Interim directive number 1909.12-2008-2 is effective November
13, 2008. Comments must be received in writing by January 12, 2009.
ADDRESSES: Send written comments concerning this interim directive
through one of the following methods: E-mail:
PlanningDirective2008@fs.fed.us. Include ``planning directives'' in the
subject line of the message. Fax: 202-205-1012. Please identify your
comments by including ``planning directives'' on the cover sheet or the
first page. Mail: Planning Directives; Forest Service; U.S. Department
of Agriculture; Ecosystem Management Coordination; Mailstop 1104, 3rd
Floor--Center Wing; Washington, DC 20250-1104. All comments, including
names and addresses when provided, are placed in the record and are
available for public inspection and copying. Persons wishing to inspect
the comments are encouraged to call ahead (202-205-0895) to facilitate
entrance into the building.
The directive is available electronically from the Forest Service
via the World Wide Web/Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/im/directives
or at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/emc/nfma/index.htm. You may request a
compact disc (CD) copy of the interim directive by contacting Regis
Terney by email (rterney@fs.fed.us), by phone at 1-866-235-6652 or 202-
205-0895, or by mail at Regis Terney; Forest Service; U.S. Department
of Agriculture; Mailstop 1104, EMC, 3 Central; 1400 Independence
Avenue, SW.; Washington, DC 20050-1104.
FOR FURTHER INFORMATION CONTACT: Regis Terney, Planning Specialist,
Ecosystem Management Coordination Staff, 202-205-0895.
SUPPLEMENTARY INFORMATION: The Forest Service Directive System consists
of the Forest Service Manual (FSM) and the Forest Service Handbook
(FSH), which contain the Agency's policies, practices, and procedures
and serve as the primary basis for the internal management and control
of programs and administrative direction to Forest Service employees.
The directives for all agency programs are set out on the World Wide
Web/Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/im/directives.
The FSM contains legal authorities, objectives, policies,
responsibilities, instructions, and guidance needed on a continuing
basis by Forest Service line officers and primary staff to plan and
execute programs and activities, while the FSH is the principal source
of specialized guidance and instruction for carrying out the policies,
objectives, and responsibilities contained in the FSM.
On January 31, 2006, the Forest Service, U.S. Department of
Agriculture, issued final agency directives for National Forest System
Land Management Planning and published a notice of issuance of agency
final directives in the Federal Register (71 FR 5124). The final agency
directives included FSH 1909.12, chapter 10, ``Land Management Plan.''
On April 21, 2008, the Department replaced the planning rule for the
National Forest System that it had issued in 2005 (2005 rule) (70 FR
1022,), as amended 71 FR 10837, March 3, 2006) with a new planning rule
(73 FR 21468, 36 CFR part 219, subpart A). The 2008 planning rule
provides broad programmatic direction in developing and carrying out
land management planning. The rule explicitly directs the Chief of the
Forest Service to establish planning procedures in the Forest Service
Directive System (36 CFR 219.1(c)).
This interim directive makes necessary changes to FSH 1909.12, Land
Management Planning Handbook, chapter 10, to clarify the procedures on
writing plan components, on describing the monitoring program, and on
considering individual resources to aid consistent interpretation and
application of the direction by agency personnel. Our Washington Office
review of several proposed land management plans showed that changes in
procedural and technical details are necessary. These changes in
procedural and technical details associated with carrying out the 2008
planning rule at 36 CFR part 219 are needed immediately for use by
units beginning plan revisions or resuming plan revisions under the
2008 rule. Approximately 40 plan revision efforts are currently
ongoing. The Forest Service expects 38 unit supervisors of the ongoing
current plan revisions to use the 2008 planning rule to finish their
plan revisions. In the next few months, many of these units will be
developing plan components, monitoring programs, and considering
individual resources in collaboration with the public. It is imperative
that this direction is effective immediately so that units use the
proper procedures.
Overview
The interim directive guides agency employees to develop, amend, or
revise land management plans that meet the
[[Page 67121]]
intent of the 2008 planning rule. The interim directive sets forth the
common characteristics of all land management plans developed, amended
and revised under the 2008 rule and adds new direction or clarifies
existing direction.
Specifically, the interim directive focuses on writing plan
components, describing the monitoring program, and considering
individual resources. The interim directive sets forth direction that
special areas are limited to existing categories established by
Congress, the Department, or the Agency. The interim directive adds a
list of the characteristics of standards; in addition, adds guidance on
appropriate NEPA for standards. The interim directive sets forth
direction for how to include other information besides plan components
such as explanatory narrative and management approaches. The interim
directive clarifies how projects or activities must be consistent with
applicable plan components, as required by the NFMA (16 U.S.C.
1604(i)). The interim directive sets forth that the responsible
official should use the ``NFS LMP Monitoring and Evaluation Framework''
when describing the monitoring program. The framework is available on
the Agency Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/emc/met/. The interim
directive sets forth direction about soils. Finally, the interim
directive clarifies direction for evaluation and establishing plan
components for many individual resources including: Access, roads,
trails, and travel management; air management; cultural resources; fire
and fuels management; land use and special uses; minerals including
energy minerals; paleontological resources; range management;
recreation and scenery management; and water.
Section-by-Section Discussion
Section 10.2 Objectives. This section sets forth the objectives of
this chapter. The interim directive removes obsolete direction on
objectives and adds new direction on what employees should strive to
accomplish by following direction in this chapter. This additional
direction concerns adapting the plan to changing situations; carrying
out the intent of the planning rule; including timber requirements in
the content of the plan; and making wilderness recommendations, if
appropriate. This section also reflects the nature of planning. The
direction on adapting the plan to changing situations and the nature of
planning is not new but is incorporated from the existing section 11 of
chapter 10. Note that the heading ``Objectives'' here refers, not to
the plan component but to the overall objectives of the chapter.
``Objectives'' is a standard section of Forest Service directives.
Section 10.4 Responsibility. This section describes the
responsibilities of line officers. The interim directive adds direction
to use a collaborative and participatory approach to plan development,
plan amendment, and plan revision. This section sets forth
responsibilities for about adapting the plan to changing situations,
projects, and activities previously in section 11.
Section 11 Plan Components and Other Plan Contents. This section
provides direction for writing plan components and other plan content.
The interim directive removes direction about the nature of planning,
about adapting the plan to changing situations, and about developing
projects and activities because the direction was added to sections
10.2 and 10.4. Removes obsolete direction about developing budgets.
Section 11.1 Plan Components. This section describes appropriate
desired conditions, objectives, guidelines, suitability of areas,
special areas, and standards. The interim directive removes direction
that a plan must include provisions required by 16 U.S.C. 1604 and 1611
and substitutes the requirement that the plan must include resource
management provisions required by 36 CFR 219.9(b). The interim
directive adds direction that plan components should not include
explanatory narrative. The interim directive adds the definition of
geographic areas. The interim directive removes obsolete reference to
technical guide ``Developing Plan Components with Examples.''
Section 11.1, Exhibit 01, Sample Plan Components. The interim
directive revised the examples of plan components that had been in this
exhibit in the existing FSH chapter 10.
Section 11.11 Desired Conditions. The interim directive clarifies
and adds direction so that desired conditions are written to meet the
intent of the planning rule. The interim directive adds a list of the
characteristics of desired conditions.
Section 11.12 Objectives. The interim directive clarifies and adds
direction so that objectives are written to meet the intent of the
planning rule. The interim directive adds a list of the characteristics
of objectives.
Section 11.13 Guidelines. The interim directive clarifies and adds
direction so that guidelines are written to meet the intent of the
planning rule. The interim directive adds a list of the characteristics
of guidelines.
Section 11.14 Suitability of Areas. The interim directive clarifies
and adds direction so that identifications of suitability of areas are
written to meet the intent of the planning rule. The interim directive
adds that plans may identify areas as ``not generally suitable'' for
uses. The interim directive adds that any substantive change in plan
suitability for timber production may only be made by a plan amendment.
The interim directive clarifies that identification in a plan of
suitability is tentative and final suitability is determined when
projects and activities are approved.
Section 11.15 Special Areas. The interim directive clarifies and
adds direction so that identification of special areas meets the intent
of the planning rule. The interim directive adds that the intent to
include special areas in plans is not to expand special areas into new
categories, but rather to assure that plans recognize existing
categories established by Congress, the Department, or the Agency. The
interim directive adds direction to deal with the situation where the
responsible official lacks authority to designate a special area. The
interim directive removed direction about proposed adjustments in
national forest boundaries (now discussed in section 13.13f of the
interim directive). The interim directive adds direction that a plan
may establish other plan components for special areas. The interim
directive adds direction that if an area does not meet the
qualifications for a special area it may be identified as a management
area.
Section 11.5, Exhibit 01, Special Area--Designating Official and
Guidance Cross-Reference. The interim directive adds the following
areas to the list of potential special areas: historical area, national
heritage area, paleontological area, recreational area, scenic area,
and zoological area. The interim directive clarifies the designation
authority for these areas.
Section 11.16 Standards. This is a new section, which sets forth
direction for writing standards in accordance with 36 CFR 219.7(a)(3).
The interim directive adds a list of the characteristics of standards;
adds guidance about actions that are not standards, and adds guidance
on NEPA compliance and standards. Also, adds guidance on retaining,
revising, or removing existing standards based on the Federal Register
notice for ``National Environmental Policy Act Documentation Needed for
Developing, Revising, or Amending Land Management Plans; Categorical
Exclusion'' (71 FR 75481, December 15, 2006, page 75486).
[[Page 67122]]
Section 11.2 Project and Activity Consistency with the Plan. This
section was section 11.4 in the existing chapter 10 of this handbook.
The ``Plan Consistency Template'' has also been moved to this section,
from section 11.4 in the existing chapter. This section modifies the
wording to clarify how projects or activities must be consistent with
applicable plan components similar to the tentative wording set out in
the preamble to the final rule, Volume 73 of the Federal Register, page
21491, April 21, 2008. This section clarifies the previous direction
and adds new wording in the template that explains how projects and
activities are consistent with applicable components, including
standards.
Section 11.3 Possible Actions. This section was section 11.2 in the
prior chapter 10 of this handbook. This section modifies the wording of
the prior section to meet the intent of section 6(f)(2)(g) of the
National Forest Management Act (16 U.S.C. 1604(f)(2)), which states
plans shall ``be embodied in appropriate written material, * * *
reflecting proposed and possible actions, including the planned timber
sale program and the proportion of timber harvest within the unit
necessary to fulfill the plan.''
Section 11.4 Plan Guidance for Special Conditions or Situations.
This section sets forth the guidance for special conditions or
situations that was previously in section 11.3.
Section 11.5 Other Information. This new section sets forth
direction for including ``other information'' in plans in addition to
plan components such as: explanatory narrative, general management
principles, management approaches, management challenges, referenced
material, or roles and contributions.
Section 11.6 Management Approaches. This new section sets forth
direction for including ``management approaches'' in plans.
Section 12 Monitoring. The interim directive clarifies and adds
additional direction about using the monitoring and evaluation
framework described in the ``NFS LMP Monitoring and Evaluation
Framework'' available on the Agency Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us/emc/met/. The interim directive removes the requirement that monitoring
must ``address the minimum timber management requirements of the
National Forest Management, for example, restocking, cut block size and
shape, and watershed protection.'' The interim directive adds the
requirement that monitoring should focus on where there is substantial
uncertainty over the effectiveness of a plan component in contributing
to the achievement or maintenance of desired conditions.
Section 12, Exhibit 01, Example of a Subset of a Monitoring Program
for a Plan. The interim directive clarifies the examples of desired
conditions and questions in the example of a monitoring program in a
plan.
Section 12.1 Selecting Monitoring Questions. This section had been
captioned ``Monitoring Questions'' in the existing chapter 10 of this
handbook. The interim directive changes the discussion from screening
monitoring questions to selecting monitoring questions.
Section 12.2 Performance Measures. The interim directive clarifies
the discussion of performance measures and adds a definition of
performance measures. The interim directive adds that measures should
be based on standardized data in corporate data systems or other
official sources.
Section 12.3 Documents Associated with the Monitoring Program. This
section had been captioned ``Documenting the Monitoring Program'' in
the existing chapter 10 of this handbook. The interim directive
clarifies the description of the annual evaluation report,
comprehensive evaluation report, monitoring guide, and annual
monitoring work plan.
Section 13 Consideration of Individual Resources. The interim
directive clarifies the references to direction in other chapters of
this handbook for considering social, economic, and ecological
sustainability; timber; wilderness; and wild and scenic rivers. To
simplify the discussion and to be clear, the interim directive removes
the obsolete discussion of three phases of the planning process:
initial evaluation to determine the need for change, evaluation of plan
components, and integration into the plan. Direction about the
responsible official identifying and selecting the parameters for
evaluation has been added to section 13.1.
Section 13.1 Resource Considerations. The interim directive adds
direction to evaluate sustainability within an area large enough to
consider broad-scale social, economic, and ecological factors and
trends over large landscapes based on policy of FSM 1920.3.
Section 13.11a Paleontological Resources. The interim directive
revised the discussion of paleontological resources from focus on
special areas to a focus on desired conditions and objectives for
paleontological resources.
Section 13.11b Air Management. The interim directive revises
caption from ``Air'' to ``Air Management'' and clarifies the direction
for evaluation and establishing plan components for air management.
Section 13.11 Water. The interim directive clarifies direction for
evaluation and establishing plan components for water.
Section 13.11d Soil. This new section codes and sets forth
direction for evaluation and establishing plan components for soil.
Section 13.12a Fire and Fuels Management. This section had been
captioned ``Fire, Aviation, and Fuels Management'' in the existing
chapter 10 of this handbook. The interim directive clarifies direction
for evaluation and establishing plan components for fire and fuels
management. The interim directive adds examples of desired conditions
and guidelines for fire and fuels management.
Section 13.12b Large Fire Cost Containment. The interim directive
clarifies direction for large fire cost containment. The interim
directive removes reference to wildland fire situation analysis and
wildland fire implementation plan.
Section 13.12c Wildlife and Fisheries. No change to this section.
Section 13.13a Recreation and Scenery Management. This section had
been captioned ``Recreation and Scenery'' in the existing chapter 10 of
this handbook. The interim directive clarifies direction for recreation
and scenery management in the planning process.
Section 13.13b Cultural Resources. The interim directive revises
caption from ``Heritage Resources'' to ``Cultural Resources.'' The
interim directive clarifies direction for cultural resources in the
planning process.
Section 13.13c Minerals Including Energy Minerals. This section was
section 13.3d of the existing chapter 10 of this handbook. The interim
directive adds direction for establishing desired conditions,
objectives, and guidelines for minerals. The interim directive
clarifies existing direction about recognizing minerals in the planning
process previously contained at section 13.13d.
Section 13.13d Range Management. This section was section 13.3e of
the existing chapter 10 of this handbook. The interim directive
clarifies existing direction about range management and wild horse-
burro territory boundaries in the planning process.
Section 13.13e Access, Roads, Trails, or Travel Management. This
section was section 13.13f of the existing chapter 10 of this handbook.
The interim directive clarifies existing direction about access, roads,
trails, and
[[Page 67123]]
travel management in the planning process previously contained at
section 13.13f. The interim directive adds direction related to the
requirement in the travel management regulations, at 36 CFR 212.5(b) to
identify a minimum road system to be documented in the forest
transportation atlas.
Section 13.13f Land Use and Special Uses. This section was section
13.3g of the existing chapter 10 of this handbook. The interim
directive clarifies existing direction about land use and special uses
in the planning process previously contained at section 13.13g. The
interim directive adds requirement that if the administrative unit
proposes to recommend adjustment in the national forest boundary that
Washington Office notice is required.
Section 13.2. The interim directive removes this section on
individual resource analytical tools because the information about
tools has been moved to appropriate places within section 13.
Regulatory Certifications
Regulatory Impact
This interim directive has been reviewed under USDA procedures and
Executive Order 12866, Regulatory Planning and Review. It has been
determined that this is not a significant action. This interim
directive to clarify agency guidance would not have an annual effect of
$100 million or more on the economy nor adversely affect productivity,
competition, jobs, the environment, public health or safety, nor State
or local governments. This interim directive would not interfere with
an action taken or planned by another agency nor raise new legal or
policy issues. Finally, this interim directive would not alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients of such programs.
Accordingly, this proposed action is not subject to Office of
Management and Budget review under Executive Order 12866.
Moreover, this proposed action has been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and it has been
determined that this proposed action would not have a significant
economic impact on a substantial number of small entities as defined by
the act because it will not impose recordkeeping requirements on them;
it would not affect their competitive position in relation to large
entities; and it would not affect their cash flow, liquidity, or
ability to remain in the market.
Environmental Impact
This interim directive to Forest Service Handbook (FSH) 1909.12,
chapter 10, clarifies direction and guides agency employees on writing
plan components, on describing the monitoring program, and on
considering individual resources. This interim directive amends Forest
Service Handbook 1902.12, chapter 10. The intended effect of issuance
of this interim directive is to provide consistent overall guidance to
Forest Service line officers and employees in developing, amending, or
revising land management plans for units of the National Forest System
about land management planning. Title 36, Code of Federal Regulations,
section 220.6(d)(2) excludes from documentation in an environmental
assessment or environmental impact statement ``Rules, regulations, or
policies to establish servicewide administrative procedures, program
processes, or instructions'' (73 FR 43084, July 24, 2008). The Agency's
conclusion is that this interim directive, which simply sets out
guidance for the planning process and makes no resource management
decisions, falls within this category of actions and that no
extraordinary circumstances exist as currently defined that require
preparation of an environmental assessment or an environmental impact
statement.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the Agency has assessed the effects of this interim directive on
State, local, and tribal governments and the private sector. This
interim directive would 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
This interim directive does not contain any additional
recordkeeping or reporting requirements associated with National Forest
System land management planning 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. The Office of
Management and Budget (OMB) (Number 0596-00158) has approved the
information collection associated with the submitting an objection
under the planning rule (36 CFR part 219). 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.
Conclusion
This interim directive provides consistent interpretation of the
planning rule for line and staff officers, and interdisciplinary teams.
Therefore, the Agency can fulfill its commitment to improve public
involvement and decisionmaking associated with developing, amending, or
revising a land management plan.
The full text of this handbook is available on the World Wide Web
at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us./im/directives. Single paper copies are
available upon request from the address and telephone numbers listed
earlier in this notice as well as from the nearest regional office, the
location of which are also available on the Washington Office
headquarters homepage on the World Wide Web at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fs.fed.us.
Dated: October 9, 2008.
Abigail R. Kimbell,
Chief, Forest Service.
[FR Doc. E8-26939 Filed 11-12-08; 8:45 am]
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