[Federal Register: March 11, 2010 (Volume 75, Number =
47)]
[Notices] =20
[Page 11505-11508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules =
or proposed rules that are applicable to the public. Notices of hearings =
and investigations, committee meetings, agency decisions and rulings,=20
delegations of authority, filing of petitions and applications and =
agency=20
statements of organization and functions are examples of documents=20
appearing in this section.
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[[Page 11505]]
DEPARTMENT OF AGRICULTURE
Forest Service
=20
Revision of Land and Resource Management Plan for the National=20
Forests in Mississippi
AGENCY: Forest Service, USDA.
ACTION: Revised Notice of Intent to prepare an environmental impact=20
statement and the resumption of the land management plan revision.
-----------------------------------------------------------------------
SUMMARY: As directed by the National Forest Management Act, the USDA=20
Forest Service is preparing the National Forests in Mississippi (NFsMS)=20
revised land management plan (Forest Plan) and will also prepare an=20
environmental impact statement (EIS) for this revised plan. This notice=20
briefly describes the background history of NFsMS plan revision process=20
to date, the nature of the decision to be made, the proposed action and=20
need for change, and information concerning public participation. It=20
also provides estimated dates for filing the EIS and the name and=20
address of the responsible agency official and the individuals who can=20
provide additional information. Finally, this notice briefly describes=20
the applicable planning rule and how work done on the plan revision=20
under the 2008 planning rule will be used or modified for completing=20
this plan revision.
The revised Forest Plan will supersede the land and resource=20
management plan previously approved by the Southern Region Regional=20
Forester on September 16, 1985 and as amended seventeen times since=20
original plan approval. This amended Forest Plan will remain in effect=20
until the revised plan takes effect.
DATES: Comments concerning the need for change and the proposed action=20
provided in this notice will be most useful in the development of the=20
draft revised plan and draft environmental impact statement if received=20
by May 7, 2010. The agency expects to release a draft revised Forest=20
Plan and draft EIS for formal comment by October, 2010 and a final=20
revised plan and final environmental impact statement by September,=20
2011.
ADDRESSES: Send written comments to: Forest Plan Revision, National=20
Forests in Mississippi, 100 West Capitol St., Suite 1141, Jackson, MS=20
39269. Comments may also be sent via e-mail to Mississippi_
Plan@fs.fed.us (include ``Forest Plan Revision'' in the subject =
line.
FOR FURTHER INFORMATION CONTACT: National Forests in Mississippi,=20
Planning Team Leader, Jeff Long, 100 West Capitol Street, Suite 1141,=20
Jackson, MS 39269 (phone 601-965-1600). Electronic mail should include=20
``Forest Plan Revision'' in the subject line and sent to: Mississippi_
Plan@fs.fed.us. Information on this revision is also available at =
the=20
National Forests in Mississippi Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.htm=
l&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r8/mississippi/.
Individuals who use telecommunication devices for the deaf (TDD)=20
may call the Federal Information Relay Service (FIRS) at 800-877-8339=20
between 8 a.m. and 8 p.m., Eastern Time Monday through Friday.
A. Background
A Notice of Intent to begin the plan revision process for the NFsMS=20
was first published in the Federal Register on December 14, 1999 [64 FR=20
69686-69691]. A collaborative, participatory role for the public has=20
always been a part of the plan revision approach for the NFsMS.=20
Although the process has had various delays and transitions, numerous=20
meetings and working sessions along with extended informal feedback=20
opportunities have provided a variety of ideas and input throughout the=20
course of plan revision.
After initiating the plan revision process at the end of 1999, a=20
series of public meetings were held in 2000 across the State of=20
Mississippi to explain the plan revision process, get input on the=20
issues important to stakeholders, and receive feedback on anticipated=20
plan components. A total of 847 participants attended the 24 open house=20
sessions that were conducted at various libraries, community centers,=20
district offices, and local auditoriums near each of the Mississippi=20
national forests. Over 6,000 individual comments were generated.
Changes in national priorities and funding shifts caused a delay of=20
several years in the revision process. The NFsMS published a revised=20
NOI in the Federal Register on September 26, 2003 (68 FR 55576-55580).=20
The 2003 revised NOI provided public notice announcing resumption of=20
plan revision activities, updated the projected schedule for plan=20
revision and provided an opportunity for additional public comments on=20
the scope of analysis for plan revision. An additional 12 public=20
meetings were held from September through November 2004 at locations=20
near each of the national forests and were attended by 237 individuals.=20
Revision issues identified at the time included access management (off-
highway vehicle issues); ecosystem management (ecological community=20
diversity, fire management, forest health, invasive species, old-
growth, riparian areas, vegetation management, watershed conditions);=20
special designations (wilderness areas, wild and scenic rivers,=20
research natural areas and other special area recommendations); and=20
threatened, endangered, and sensitive species management (particularly=20
red-cockaded woodpeckers and gopher tortoise).
In July 2005, the NFsMS Forest Plan revision process, which had=20
begun under the 1982 Planning Rule, was transitioned to the 2005=20
Planning Rule. Notice of adjustment to an ongoing plan revision process=20
was published in the Federal Register on July 27, 2005 (70 FR 43391-
43392). At this point, the NFsMS had already conducted many public=20
participation opportunities prior to transitioning to the 2005 rule,=20
including over 35 public meetings and open houses; numerous agency=20
contacts; and a variety of mailings, newsletters, Web site postings,=20
and requests for comments. An important factor in the transition was=20
ensuring that public feedback received in the earlier revision stages=20
was included and considered under the new process. In addition to=20
reviewing previous stakeholder input, another seven public meetings or=20
workshops were held across the State from late 2005 to early 2006 and=20
attended by approximately 210 participants. That round of working=20
sessions exchanged information on the changes in the new planning=20
process
[[Page 11506]]
and focused on the public's vision for the future of the NFsMS. On=20
August 29, 2005 Hurricane Katrina made land fall on the Gulf Coast=20
causing extreme broad-scale damage along the Mississippi Gulf Coast.=20
While plan revision efforts continued most national forest resources=20
and personnel were devoted to recovery efforts, protracting the NFsMS=20
plan revision timeline.
On March 30, 2007, the Federal District Court for the Northern=20
District of California enjoined the Department from implementing and=20
using the 2005 planning rule until the Agency complied with the court's=20
order regarding the National Environmental Policy Act, the Endangered=20
Species Act, and the Administrative Procedure Act (Citizens for Better=20
Forestry v. USDA, 481 F. Supp 2d 1059 (N.D. Cal. 2007)). Revision of=20
the National Forests in Mississippi land management plan under the (36=20
CFR 219 (2005)) rule was suspended in response to the injunction.
Prior to the injunction of the 2005 planning rule, the National=20
Forests in Mississippi had substantially engaged the public in=20
collaboration efforts to develop plan components, completed a draft=20
Comprehensive Evaluation Report, worked with the scientific community=20
on addressing concerns for species viability and sustainability to be=20
addressed in the revised plan, had developed a model for timber=20
suitability and sustainability analysis, and had completed initial=20
drafts of major plan components.
On April 21, 2008 the Forest Service adopted a new planning rule=20
that allowed resumption of the revision process if it conformed to the=20
new planning rule (36 CFR 219.14(b)(3)(ii), 2008). Notification of=20
adjustment for resuming the land management plan revision process under=20
the 36 CFR 219 (2008) rule for the NFsMS was published in the Federal=20
Register on October 24, 2008 [73 FR 63433-63434]. The NFsMS in=20
Mississippi developed a draft revised Forest Plan consistent with the=20
2008 rule, however prior to public release for review and comment the=20
2008 planning rule was enjoined by Federal Court order. On June 30,=20
2009, the 2008 planning rule was enjoined by the United States District=20
Court for the Northern District of California and the revision of the=20
NFsMS Forest Plan was again suspended.
B. Applicable Planning Rule
Preparation of the NFsMS revised plan was underway when the 2008=20
National Forest System land management planning rule was enjoined on=20
June 30, 2009, by the United States District Court for the Northern=20
District of California (Citizens for Better Forestry v. United States=20
Department of Agriculture, No. C 08-1927 CW (N.D. Cal. June 30, 2009).=20
The Department has determined that the 2000 planning rule is now back=20
in effect. The 2000 Rule's transition provisions (36 CFR 219.35),=20
amended in 2002 and 2003 and clarified by interpretative rules issued=20
in 2001 and 2004, and reissued on December 18, 2009 (74 FR 67059-67075)=20
allow use of the provisions of the National Forest System land and=20
resource management planning rule in effect prior to the effective date=20
of the 2000 Rule (November 9, 2000), commonly called the 1982 planning=20
rule, to amend or revise plans. The NFsMS has elected to use the=20
provisions of the 1982 planning rule, including the requirement to=20
prepare an EIS, to complete its plan revision.
C. Name and Address of the Responsible Official
The responsible official who will approve the Record of Decision is=20
Elizabeth Agpaoa, Regional Forester, USDA Forest Service, Southern=20
Region, 1720 Peachtree Road NW., Atlanta, GA 30309.
D. Nature of the Decision To Be Made
The NFsMS is preparing an EIS to revise the current Forest Plan.=20
The EIS process is meant to inform the Regional Forester so that she=20
can decide which alternative best meets the diverse needs of the people=20
while protecting the forest's resources, as required by the National=20
Forest Management Act and the Multiple Use Sustained Yield Act. The=20
Revised Forest Plan will establish management direction for the next 10=20
to 15 years.
A Forest Plan developed under the 1982 planning rule procedures=20
will make the following primary decisions:
1. Establishment of forest-wide multiple-use goals and objectives=20
(36 CFR 219.11(b));
2. Establishment of forest-wide management requirements (36 CFR=20
219.13 to 219.27);
3. Establishment of multiple-use prescriptions and associated=20
standards for each management area (36 CFR 219.11(c));
4. Determination of land that is suitable for the production of=20
timber (16 U.S.C. 1604(k) and 36 CFR 219.14);
5. Establishment of the allowable sale quantity for timber within a=20
time frame specified in the plan (36 CFR 219.16);
6. Establishment of monitoring and evaluation requirements (36 CFR=20
219.11(d));
7. Recommendations concerning roadless areas that Congress could=20
designate as wilderness (36 CFR 219.17); and
It is also important to identify the types of decisions that will=20
not be made within the revised forest plan. Forest Plans typically do=20
not make site-specific decisions but they do establish limitations on=20
what actions may be authorized and what conditions must be met as part=20
of project-level decision-making. The authorization of site-specific=20
activities within a plan area later occurs through project decision-
making that must comply with NEPA procedures and must include a=20
determination that the project is consistent with the Forest Plan.
E. Prior Plan Revision Efforts
Although the 2008 planning rule is no longer in effect, the=20
information gathered from public collaboration efforts and most of the=20
analysis conducted prior to the court's injunction in June 2009 is=20
still useful for completing the plan revision using the provisions of=20
the 1982 planning regulations. The NFsMS has concluded that the=20
following material developed during the plan revision process to date=20
is appropriate for continued use:
The inventory of potential wilderness areas that was=20
conducted between 2004 and 2008 is still consistent with the 1982=20
planning regulations, and will be brought forward into this plan=20
revision process.
A Comprehensive Evaluation Report was developed under the=20
2005 and 2008 rule provisions. This analysis has been updated with=20
additional information to meet the requirements of the Analysis of the=20
Management Situation (AMS) provisions of the 1982 rule. The information=20
from this analysis was used to help identify the need for change and=20
the proposed actions that are identified in this notice. Comments=20
received during the scoping process will be used to further update the=20
need for change analysis. Other AMS requirements will also continue to=20
be worked on as the planning process proceeds.
Information on the life history, threats, habitat needs=20
and population trends of a number of terrestrial and aquatic species=20
contained in the forest planning records for ecosystem and species=20
diversity assessments will continue to be used as a reference in the=20
planning process as appropriate to meet the requirements of the 1982=20
planning regulations. This is scientific information and is not=20
affected by the change of the planning rule. This
[[Page 11507]]
information will be updated with any new available information.
Public comments previously submitted in writing or=20
recorded at past public meetings relating to the previous plan revision=20
efforts will still be used to help identify issues and concerns and to=20
help identify alternatives to address these issues and concerns.
F. Preliminary Issues and Need for Change
According to the National Forest Management Act, forest plans are=20
to be revised on a 10 to 15 year cycle. The current forest plan is over=20
24 years old, and since the forest plan was approved in 1985, there=20
have been changes in economic, social, and ecological conditions, new=20
policies and priorities, and new information based on monitoring and=20
scientific research.
The following issues identify some of the major evolving conditions=20
and shifts in management direction, scientific understanding, and=20
public interests since the 1985 Forest Plan:
New emphasis on restoring and sustaining a diversity of=20
native ecosystems (particularly restoration of native longleaf pines)=20
instead of focusing on timber commodities production in the 1985 Plan.
Shift from vegetation management as a means of more=20
efficient timber harvest and production to a tool for carrying out=20
restoration goals while sustaining healthy resilient forests that also=20
supply desired goods and services.
More emphasis on protecting and promoting habitat for=20
threatened and endangered (T&E) species (especially red-cockaded=20
woodpecker and gopher tortoise).
Better understanding of the historic role of fire and the=20
need for an aggressive prescribed fire program to maintain fire-
dependent native ecosystems, reverse habitat loss for endangered=20
species, reduce fuel hazards, control non-native invasive species, and=20
protect human safety.
Increasing population and development adjacent to national=20
forest lands are putting growing pressures on conducting effective=20
management practices.
Growing demand for recreation opportunities, particularly=20
developed recreation sites.
Need for a more sustainable system of access roads,=20
trails, and bridges.
Need for addressing the effects of increasing weather=20
disturbances and incorporating strategies for responding to anticipated=20
climate changes in our management practices.
G. Proposed Action
The NFsMS will complete plan revision following the 1982 planning=20
rule procedures. The NFsMS will utilize past plan revision activities=20
and make appropriate adjustments to planning documents and analysis=20
processes to conform to the 1982 planning procedures. Public=20
collaboration on development of this EIS and continued development of a=20
revised Forest Plan will build upon information gathered previously=20
where the NFsMS was in the revision process just prior to the Court=20
injunction issued on the 2008 planning rule on June 30, 2009. The NFsMS=20
had completed development of a draft revised Forest Plan, however the=20
draft plan was not released for public comment prior to the injunction=20
of the 2008 planning rule. Therefore, the NFsMS will not circulate the=20
draft plan prepared under the 2008 procedures for public review and=20
comment; however, appropriate portions will become a starting point for=20
public collaboration on the development of the revised plan under the=20
1982 procedures.
Several overarching themes have emerged over time in the various=20
efforts to revise the forest plan, which now provide a framework for=20
developing the Proposed Action alternative for this EIS. These themes=20
include:
1. Restore native ecological systems--Restoration of native=20
ecological systems has emerged as a major desired condition for=20
stakeholders. Twenty-four native ecological systems have been=20
identified on the NFsMS, including 9 unique communities or uncommon=20
local features. Priorities for achieving desired conditions include=20
conversion of loblolly and slash pine stands to longleaf pine and=20
shortleaf pine-oak ecosystems, restoration of floodplain forests, and=20
continued maintenance and enhancement of native hardwood ecosystems and=20
unique communities such as native prairies and bogs. Proposed=20
strategies and objectives include the conversion of approximately=20
23,000 acres to appropriate ecosystems and structural, age, and species=20
improvements on approximately 150,000 acres during the first planning=20
period.
2. Protect diversity of species--One of the basic tenants of=20
revising the plan is that managing for a diversity of healthy native=20
ecosystems is integral to providing appropriate ecological conditions=20
for a diversity of plant and animal species. In gathering information=20
for revising the plan, a list of all potential species that could occur=20
on the NFsMS has been developed and analyzed through a series of=20
collaborative meetings with technical experts and taxonomic specialists=20
familiar with the plant and animal species across Mississippi. Species=20
that could possibly occur on the NFsMS were further evaluated through a=20
series of iterative screenings. As the strategic direction of the=20
revised plan is being developed, the specific needs and habitats of=20
species on the lists will be addressed, primarily through ecosystem=20
diversity management strategies, but also though integrated programs=20
for soils, water, fire regimes, and other resource areas. T&E =
species=20
protection and habitat enhancement are important priorities in revising=20
the plan, so the needs of the 9 T&E species identified as =
potentially=20
occurring on the NFsMS will particularly be emphasized. This process=20
will continue throughout plan revision development, including the=20
identification of Management Indicator Species.
3. Manage for healthy forests--A shift in focus from commodity=20
production to native ecosystem restoration and forest health is being=20
proposed. Vegetation management practices support a variety of=20
integrated resource strategies including converting loblolly and slash=20
pine plantings to native ecosystems, creating a diversity of habitats,=20
improving resilience to natural disturbances and a changing climate,=20
reducing impacts of insects and diseases, controlling non-native=20
invasive species, and producing quality timber commodities.
4. Conserve old growth communities--A diversity of tree ages, from=20
regeneration to old growth, is proposed to support a sustainable mix of=20
ecological conditions across the landscape. The overall proposed=20
strategy is to establish old growth stands across all ecological=20
systems and all districts, with at least 10% of all forested ecosystems=20
in old growth conditions.
5. Restore historic fire conditions--On the NFsMS, periodic=20
prescribed burning has become an important tool for recreating historic=20
fire regimes and reducing the risk of catastrophic fires while=20
restoring conditions that favor desirable native ecosystems and=20
habitats for T&E species. A proposed strategy is to continue the=20
prescribed burning levels of recent years, with an average of 205,000=20
acres per year. The frequency of return intervals for prescribed burns=20
and the percent of burns conducted during the growing season would vary=20
depending on the ecosystem and habitat needs.
6. Manage for healthy watersheds--Productive soils, clean water,=20
and clean air were important desired conditions
[[Page 11508]]
identified by stakeholders and are essential to sustaining the=20
ecological function and productive capacity of NFsMS lands. Proposed=20
management strategies focus on using best management practices for=20
sustaining and improving watershed areas within national forest control=20
while working cooperatively with other agencies and landowners to=20
improve statewide watershed health. Proposed objectives include the=20
restoration of approximately 10 miles of stream channel every 5 years=20
in conjunction with culvert replacement to improve aquatic organism=20
passage, and the improvement of approximately 10-15 acres of degraded=20
watershed areas each year.
7. Maintain sustainable infrastructure and access--It is proposed=20
that the main priorities for managing the roads, trails, and facilities=20
that make up the NFsMS infrastructure would involve the safety and=20
maintenance of existing systems. This would include addressing the=20
backlog of repairs and upgrades, improvements for environmental=20
protection, disposal of facilities that are no longer needed, and=20
rehabilitation of user-created trails and roads. Infrastructure=20
additions are anticipated to be limited and dependent on funding=20
availability.
8. Maintain sustainable recreation--Proposed strategies for=20
sustaining outdoor recreation opportunities on the NFsMS under=20
anticipated funding levels focus on maintaining and improving existing=20
dispersed recreation opportunities and developed recreation sites, with=20
the addition of new facilities and amenities dependent on expanding=20
local and State-wide partnerships.
9. Provide stable economic benefits--The national forest activities=20
that generate the majority of the revenues that feed back into the=20
local economy in Mississippi come from timber, minerals, and=20
recreation. As a result of the proposal to restore native ecosystems to=20
appropriate sites and maintaining healthy and resilient forests, it is=20
anticipated that there would be a steady flow of economic benefits=20
similar to those received in recent years.
10. Adapt to changing conditions--An increase in extreme weather=20
events is the climate change factor most likely to affect the NFsMS in=20
the next 10-15 years. Proposed strategies include reducing=20
vulnerability by maintaining and restoring resilient native ecosystems,=20
enhancing adaptation by reducing serious disturbances and taking=20
advantage of disruptions, using preventative measures to reduce=20
opportunities for forest pests, and mitigating greenhouse emissions by=20
reducing carbon loss from hurricanes.
H. Preliminary Alternatives
Information gathered during this comment period, as well as other=20
feedback, will be used to identify issues that will serve as a focus=20
for developing alternatives to be analyzed in the draft EIS.
I. Public Involvement
The public is invited to provide comments on this NOI, especially=20
regarding the scope of analysis for the items identified under Need for=20
Change and Proposed Action sections above. Additional information is=20
available on the National Forests in Mississippi Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.htm=
l&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r8/mississippi/.
Notice of public meeting times and places will be posted on the=20
above Web site and will also be published in the newspaper of record=20
(legal notice section) for National Forests in Mississippi (Clarion-
Ledger--Jackson, Mississippi).
It is important that reviewers provide their comments at such times=20
and in such a way that they are useful to the Agency's preparation of=20
the revised plan and the EIS. Therefore, comments on the proposed=20
action and need for change will be most valuable if received by May 7,=20
2010 and should clearly articulate the reviewers' concerns. The=20
submission of timely and specific comments can affect a reviewer's=20
ability to participate in subsequent administrative or judicial review.=20
At this time, we anticipate using a pre-decisional objection process=20
for administrative review.
Comments received in response to this solicitation, including the=20
names and addresses of those who comment will be part of the public=20
record for this proposed action. Comments submitted anonymously will be=20
accepted and considered.
Authority: 16 U.S.C. 1600-1614; 36 CFR 219.35 [74 FR 67073-
67074].
Dated: March 2, 2010.--
Margrett L. Boley,
Forest Supervisor.
[FR Doc. 2010-4932 Filed 3-10-10; 8:45 am]
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