[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Rules and Regulations]
[Pages 1864-1866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-615]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
National Forest System Land and Resource Management Planning;
Review of Decisions To Amend or Revise Plans
AGENCY: Forest Service, USDA.
ACTION: Interpretive rule.
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SUMMARY: The Department is adopting this interpretive rule to make
explicit its intent regarding the procedure(s) that citizens and
entities may use to appeal or object to plan revisions or amendments
subsequent to the recent revision of the planning regulations at 36 CFR
part 219 and the corollary rescission of the appeal regulations at 36
CFR part 217.
EFFECTIVE DATE: This interpretive rule is effective January 10, 2001.
ADDRESSES: Written inquiries about this interpretive rule may be sent
to the Director, Ecosystem Management Staff, Forest Service, USDA, P.O.
Box 96090, Washington, DC 20090-6090.
FOR FURTHER INFORMATION CONTACT: Steve Segovia, Assistant Director for
Appeals and Litigation, Forest Service; Telephone (202) 205-1066; Fax
(202) 205-1012.
SUPPLEMENTARY INFORMATION: On November 9, 2000, the Secretary of
Agriculture adopted a final rule which revised the land and resource
management planning rules at 36 CFR part 219 and removed the
administrative appeal of plan decisions at 36 CFR part 217 (65 FR
67514). The revised rule at 36 CFR part 219 establishes requirements
for the implementation, monitoring, evaluation, amendment, and revision
of land and resource management plans, and affirms sustainability as
the overall goal for National Forest System planning and management.
The intended effects of the rule are to simplify, clarify, and
otherwise improve the planning process. To help achieve these intended
effects, Sec. 219.32 of the recently revised planning rule establishes
an objection process to replace the appeals process embodied in part
217. Section 219.35 of the recently revised rule provides
[[Page 1865]]
direction to govern the transition from the previous planning process.
Questions have arisen regarding interpretation and application of
administrative appeal and review processes in the context of the
transitional language provided in Sec. 219.35. As a consequence, the
Department is issuing this interpretive rule which adds a note to
appear as an appendix to Sec. 219.35 to explain how these provisions
operate together. A description of the matters addressed in this
interpretive rule follows.
Terminology. Paragraph (b) of Sec. 219.35 uses the term
``initiated'' in the context of plan revisions or amendments under way
prior to November 9, 2000. The Department is clarifying the term
``initiated'' to avert misinterpretation of the Department's intended
application of the rule. This interpretive rule clarifies that
``initiated'' refers to the published public notification of a proposed
plan amendment or revision.
Options. Paragraph (b) of Sec. 219.35 grants an option to proceed
at the responsible official's discretion either under the 1982
regulations in effect prior to November 9, 2000, or under the revised
regulations. This interpretive rule makes clear that paragraph (b)
specificially includes the option to select either the administrative
appeal and review procedures of 36 CFR part 217 in effect prior to
November 9, 2000, or the new objection procedures to complete a plan
amendment or revision process initiated under the 1982 regulations.
This rulemaking consists of an interpretive rule and is issued by
the agency to advise the public of the agency's preexisting
construction of one of the rules it administers--that is, 36 CFR
219.35, in the context of National Forest System land and resource
management planning. See, e.g., Shalala, Secretary of Health and Human
Services v. Guernsey Memorial Hosp., 514 U.S. 87, 99 (1995). Therefore,
under 5 U.S.C. 553(b)(A), this rulemaking is exempt from the notice and
comment requirements of the Administrative Procedure Act, and, pursuant
to 5 U.S.C. 553(d)(2), this rule is effective immediately upon
publication in the Federal Register.
Regulatory Impact
It has been determined that this is not a significant rule. This
interpretive rule will not have an annual effect of $100 million or
more on the economy, or adversely affect productivity, competition,
jobs, the environment, public health or safety, or State or local
governments. This rulemaking will not interfere with an action taken or
planned by another agency, or raise new legal or policy issues.
Finally, this rulemaking will not alter the budgetary impacts of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients of such programs. Accordingly, this
rulemaking is not subject to Office of Management and Budget (OMB)
review under Executive Order 12866. Moreover, this rulemaking has been
considered in light of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). It is therefore certified that this rule will not have a
significant economic impact on a substantial number of small entities
as defined by the Act. This rule will not impose recordkeeping
requirements; will not affect their competitive position in relation to
large entities; and will not affect their cash flow, liquidity, or
ability to remain in the market.
Environmental Impact
This rulemaking has no direct or indirect effect on the
environment, but merely clarifies the relationship of certain planning
actions to their respective appeal procedures. Section 31.1b of Forest
Service Handbook 1909.15 (57 FR 43180; September 18, 1992) excludes
from documentation in an environmental assessment or impact statement
rules, regulations or policies to establish Service-wide administrative
procedures, program processes, or instructions. Based on the nature and
scope of this rulemaking, the agency has determined that the
interpretive rule falls within this category of actions and that no
extraordinary circumstances exist which would require preparation of an
environmental assessment or environmental impact statement.
No Takings Implications
This rulemaking has been analyzed in accordance with the principles
and criteria contained in Executive Order 12360, and it has been
determined that this rule will not pose the risk of a taking of private
property, as the interpretive rule is limited to clarification of the
transition procedures in the new planning rule.
Civil Justice Reform
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. The rule (1) does not preempt State and local laws and
regulations that conflict with or impede its full implementation; (2)
has no retroactive effect; and (3) will not require administrative
proceedings before parties may file suit in court challenging its
provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this rule on State, local
and tribal governments and the private sector. This rule will 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 rule does not contain any recordkeeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320. Accordingly, the review provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and implementing
regulations at 5 CFR part 1320 do not apply.
List of Subjects in Part 219
Administrative practice and procedure, Environmental impact
statements, Forest and forest products, Indians, Intergovernmental
relations, National forests, Natural resources, Reporting and
recordkeeping requirements, Science and technology.
Therefore, for the reasons set forth in the preamble, part 219 of
title 36 of the Code of Federal Regulations is amended as follows:
PART 219--PLANNING
Subpart A--National Forest System Land and Resource Management
Planning
1. The authority citation for subpart A continues to read as
follows:
Authority: 5 U.S.C. 301; and Secs. 6 and 15, 90 Stat. 2949,
2952, 2958 (16 U.S.C. 1604, 1613).
2. Add an appendix at the end of Sec. 219.35 to read as follows:
Sec. 219.35 Transition.
* * * * *
Appendix A to Sec. 219.35
Interpretive Rule Related to Paragraph 219.35(b)
The Department is making explicit its preexisting understanding
of paragraph (b) of this section with regard to the appeal or
objection procedures that may be applied to amendments or revisions
of land and resource management plans during the transition from the
appeal procedures of 36 CFR part 217 in effect prior to November 9,
2000 (See CFR 36 parts 200 to 299, Revised as of July 1, 2000), to
the objection procedures of Sec. 219.32 as follows:
[[Page 1866]]
1. The option to proceed under the 1982 regulations or under the
provisions of this subpart specifically includes the option to
select either the administrative appeal and review procedures of 36
CFR part 217 in effect prior to November 9, 2000, or the objection
procedures of 36 CFR 219.32.
2. The Department interprets the term ``initiated,'' as used in
paragraph (b) of this section, to indicate that the agency has
issued a Notice of Intent or other public notification announcing
the commencement of a plan revision or amendment as provided for in
the Council on Environmental Quality regulations at 40 CFR 1501.7 or
in Forest Service Handbook 1909.15, Environmental Policy and
Procedures Handbook, section 11.
* * * * *
Dated: January 4, 2001.
Dan Glickman,
Secretary.
[FR Doc. 01-615 Filed 1-5-01; 1:38 pm]
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