[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Proposed Rules]
[Pages 42636-42641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16191]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 294
RIN 0596-AC10
Special Areas; State Petitions for Inventoried Roadless Area
Management
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed rulemaking; request for comment.
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[[Page 42637]]
SUMMARY: The Department of Agriculture, Forest Service is proposing
changes to Subpart B of Title 36, Code of Federal Regulations,
Protection of Inventoried Roadless Areas (the roadless rule), adopted
on January 12, 2001 (66 FR 3244). This proposed rule would replace the
existing rule with a petitioning process that would provide Governors
an opportunity to seek establishment of management requirements for
National Forest System inventoried roadless areas within their States.
This opportunity for State petitions would be available for 18 months
following the effective date of the final rule. It is anticipated that
this timeframe will be sufficient for States to collaborate effectively
with local governments, stakeholders and other interested parties to
develop proposals that consider a full range of public input. A State
petition would be evaluated and, if accepted by the Secretary of
Agriculture, the Forest Service would initiate subsequent State-
specific rulemaking for the management of inventoried roadless areas in
cooperation with the State involved in the petitioning process, and in
consultation with stakeholders and experts.
In proposing this rule and seeking public comment, the agency is
responding to the continued controversy, policy concerns, and legal
uncertainty surrounding the implementation of the roadless rule. Public
comments received will be considered in the development of the final
rule.
DATES: Comments must be received in writing by September 14, 2004.
ADDRESSES: Send written comments by mail to: Content Analysis Team,
Attn: Roadless State Petitions, USDA Forest Service, P.O. Box 221090,
Salt Lake City, UT 84122; by facsimile to (801) 517-1014; or by e-mail
at [email protected]. If you intend to submit comments in
batched e-mails from the same server, please be aware that electronic
security safeguards on Forest Service and Department of Agriculture
computer systems for prevention of commercial spamming may limit
batched e-mail access. However, the Forest Service is interested in
receiving all comments on this proposed rule. Therefore, please call
(801) 517-1020 to facilitate transfer of comments in batched e-mail
messages. Comments also may be submitted via the World Wide Web/
Internet Web site http://www.regulations.gov. Please note that all
comments, including names and addresses when provided, will be placed
in the record and will be available for public inspection and copying.
The agency cannot confirm receipt of comments. Individuals wishing to
inspect comments should call Jody Sutton at (801) 517-1023 to schedule
an appointment.
FOR FURTHER INFORMATION CONTACT: Dave Barone, Planning Specialist,
Ecosystem Management Coordination Staff, Forest Service, USDA, (202)
205-1019.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Agriculture (USDA) Forest Service commitment
to land stewardship and public service is the framework within which
the agency manages natural resources as provided by law, regulation,
and other legal authorities. Implicit in this statement is the agency's
collaboration with public, private, and nonprofit partners. As a leader
in natural resource conservation, the USDA Forest Service provides
leadership in the conservation, management, and use of the Nation's
forest, rangeland, and aquatic ecosystems.
The USDA Forest Service manages National Forest System (NFS) lands
to maintain and enhance the quality of the environment to meet the
Nation's current and future needs. Activities implemented consistent
with land and resource management plans (forest plans) provide for
sustainable management by restoring and maintaining species diversity
and ecological productivity, and support recreation, water, timber,
minerals, fish, wildlife, wilderness, and aesthetic values for current
and future generations.
State governments are important partners in management of the
Nation's land and natural resources. States, particularly in the West,
own and manage large tracts of land with tremendous social and
biological value. State governments have frequently pioneered
innovative land management programs and policies. State governments
exert considerable influence over statewide economic development and
private land use, both of which significantly affect natural resource
management. In addition, State conservation agencies' relationships
with others offer additional partnership opportunities. Strong State
and Federal cooperation regarding management of inventoried roadless
areas can facilitate long-term, community-oriented solutions.
On January 12, 2001, the Department promulgated the roadless rule
at 36 CFR part 294 (66 FR 3244), which fundamentally changed the Forest
Service's longstanding approach to management of inventoried roadless
areas by establishing nationwide prohibitions generally limiting, with
some exceptions, timber harvest, road construction, and road
reconstruction within inventoried roadless areas on NFS lands.
Concerns were immediately expressed by those most impacted by the
roadless rule's prohibitions. These concerns included the sufficiency
and the accuracy of the information available for public review during
the rulemaking process; the inclusion of an estimated 2.8 million acres
of roaded lands in the land base affected by the rule's prohibitions;
the denial of requests to lengthen the public review period; the denial
of cooperating agency status requested by several Western States; the
sufficiency of the range of alternatives considered in the rulemaking
process; the need for flexibility and exceptions to allow for needed
resource management activities that would enhance or improve roadless
values or characteristics; and the changes made in the proposed rule
after the closure of the public comment period. Concerns were also
expressed about applying one set of standards uniformly to every
inventoried roadless area.
On May 4, 2001, the Secretary of Agriculture expressed the
Administration's commitment to the objective of conserving inventoried
roadless areas in the NFS, and also acknowledged concerns raised by
local communities, tribes, and States impacted by the roadless rule. At
that time, the Secretary indicated that USDA would move forward with a
responsible and balanced approach to re-examining the roadless rule in
an effort to address those concerns while enhancing roadless area
values and characteristics. To meet this objective, management of
inventoried roadless areas must address those activities having the
greatest likelihood of altering, fragmenting, or otherwise degrading
roadless area values and characteristics. Appropriate management of
inventoried roadless areas must also address reasonable and legitimate
concerns about how the agency provides for the conservation of roadless
areas. For example, providing for outdoor recreation opportunities for
fishing and hunting in remote areas may at times require access and
active management activities to restore or maintain habitat conditions
for the management of some fish and wildlife species.
On July 10, 2001, the Forest Service published an advance notice of
[[Page 42638]]
proposed rulemaking (ANPR) (66 FR 35918) seeking public comment
concerning how best to proceed with long-term conservation and
management of inventoried roadless areas. The ANPR also acknowledged
that the future management of inventoried roadless areas would depend
on a number of factors, such as court decisions, public comments, and
the consideration of practical options and other administrative tools
for amending the current roadless rule to address inventoried roadless
area protection.
The Forest Service received over 726,000 responses to that ANPR.
The responses represented two main points of view on natural resource
management and perspectives on resource decisionmaking: (1) Emphasis on
environmental protection and preservation, and support for making
national decisions; and (2) emphasis on responsible active management,
and support for local conservation decisions made through the land and
resource management planning process. A 1,200-page summary of this
public comment was prepared in May of 2002, and is available on the
World Wide Web/Internet on the Forest Service Web site for Roadless
Area Conservation at: http://www.roadless.fs.fed.us.
Until promulgation of the 2001 roadless rule, the Forest Service
managed roadless areas based on individual forest plans. Forest plans
have been developed for each unit of the NFS through a public notice
and comment process, building on years of scientific findings and
extensive public involvement in forest planning. Forest plans typically
identify and recommend areas that would be appropriate to be designated
as wilderness by the Congress, and provide guidance on activities and
uses in these areas.
Litigation History
The roadless rule has been the subject of nine lawsuits in Federal
district courts in Idaho, Utah, North Dakota, Wyoming, Alaska, and the
District of Columbia. In one of these lawsuits, the U.S. District Court
for the District of Idaho issued a preliminary injunction prohibiting
implementation of the roadless rule on May 10, 2001.
The preliminary injunction decision was reversed by the U.S. Court
of Appeals for the Ninth Circuit.
On June 10, 2003, a settlement agreement was reached in another of
those lawsuits, the State of Alaska v. USDA litigation. In that
settlement, the Department of Agriculture agreed to propose an
amendment to the roadless rule to temporarily withdraw the Tongass
National Forest in Alaska from the provisions of the rule, as well as
to issue an ANPR to seek public comment on permanently withdrawing both
the Tongass and the Chugach National Forests from the provisions of the
roadless rule. On December 30, 2003, the Department adopted a final
rule that temporarily withdrew the Tongass National Forest. Management
of inventoried roadless areas on the Tongass is now governed by the
existing forest plan. Pursuant to the current revised forest plans for
the Tongass and the Chugach National Forests, road construction will
not occur on approximately 90 percent of roadless area lands and timber
management will not occur on over 95 percent of roadless area lands.
In still another lawsuit, on July 14, 2003, the U.S. District Court
for the District of Wyoming found the roadless rule to be unlawful and
ordered that the rule ``be permanently enjoined.'' That ruling has been
appealed to the Tenth Circuit by intervenors.
Conclusion
USDA is committed to conserving and managing roadless areas and
considers roadless areas an important component of the NFS. The
Department believes that revising 36 CFR part 294 to replace the
existing rule with a State petitioning process that will allow State-
specific consideration of the needs of these areas is an appropriate
solution to address the challenges of roadless area management on NFS
lands.
States affected by the roadless rule have been keenly interested in
inventoried roadless area management, especially the Western States
where most of the agency's inventoried roadless areas are located.
Collaborating and cooperating with States on the long-term strategy for
the management of inventoried roadless areas on NFS lands would allow
for the recognition of local situations and resolution of unique
resource management challenges within a specific State. Collaboration
with others who have a strong interest in the conservation and
management of inventoried roadless areas would also help to ensure
balanced management decisions that maintain the most important
characteristics and values of those areas.
The State petitions under this proposed rule would have to include
specific information and recommendations for the management
requirements for individual inventoried roadless areas within a
particular State. Petitions would have to be submitted to the Secretary
of Agriculture within 18 months of the effective date of the final
rule. USDA is seeking comments on the sufficiency of this timeframe.
Petitions would be evaluated, and if accepted the Secretary would
initiate subsequent rulemaking for inventoried roadless areas within
that State. The Department's general petitioning process for the
approval, amendment or repeal of rules (7 CFR 1.28) would remain
available after expiration of the 18 month petitioning period.
The Secretary is considering the establishment of a national
advisory committee to provide expert consultation on the implementation
of this State-specific petition rulemaking process and seeks public
input regarding whether to establish such a committee. The advisory
committee would provide input regarding whether additional information
is needed from a petitioner (proposed Sec. 294.13 (a)(1)), the
Secretary's response to a petition (proposed Sec. 294.13 (a)(2)), the
nature and extent of appropriate NEPA documentation associated with
development of a State-specific rule, and the Secretary's decision on
promulgating a State-specific rule (proposed Sec. 294.15). The
advisory committee would include members with expertise in fish and
wildlife biology, fish and wildlife management, forest management,
outdoor recreation, and other important disciplines, as well as
representatives of State and local governments.
Regulatory Certifications
Regulatory Impact
This proposed rule has been reviewed under USDA procedures and
Executive Order (E.O.) 12866, Regulatory Planning and Review. It has
been determined that this is not an economically significant rule. This
proposed rule 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 proposed rule would not interfere with an action
taken or planned by another agency. Finally, this action would not
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients of such programs.
However, because this proposed rule raises novel legal or policy issues
arising from legal mandates or the President's priorities, it has been
designated as significant and, therefore, is subject to Office of
Management and Budget (OMB) review in accordance with the principles
set forth in E.O. 12866.
Moreover, this proposed rule has been considered in light of
Executive Order
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13272 regarding proper consideration of small entities and the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which
amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Predicting the economic impacts of this proposed rule on small entities
as defined by SBREFA is difficult since it is not known how many
petitions would be submitted or how they would propose to change
management requirements for inventoried roadless areas. The agency is
seeking comment on this determination. Comments can be submitted as
provided in the ADDRESSES section of this preamble. This proposed rule
would not impose record keeping requirements; would not affect small
entities' competitive position in relation to large entities; and would
not affect small entities' cash flow, liquidity, or ability to remain
in the market.
A cost-benefit analysis has been prepared for this proposed rule
that incorporates by reference the November 2000 detailed regulatory
impact analysis prepared for the roadless rule promulgated in January
of 2001. A quantitative analysis of costs and benefits associated with
this proposed rule is not feasible, however, because there is no
experience with implementing the roadless rule, and thus there are no
data available. In addition, many of the effects of this proposed rule
are not readily quantifiable in financial terms because they would be
based on future State-specific rulemaking. For these reasons, the cost-
benefit analysis prepared for this proposed rule focuses on the
qualitative aspects of implementing a State petition process. Detailed
quantitative analysis would be conducted in the future if and when any
State-specific rulemaking proposals are made.
The range of potential costs and benefits of this proposed rule has
been estimated by comparing selected effects if 58.5 million acres of
inventoried roadless areas are managed following the prohibitions for
road construction and timber management activities in the 2001 roadless
rule, or if these same areas are managed in accordance with the
existing management requirements contained in land management plans.
Approximately 25 percent of the total acres of inventoried roadless
areas are in the State of Alaska. About 72 percent of the total is in
11 Western States of Montana, Idaho, Wyoming, Washington, Utah, Oregon,
New Mexico, Nevada, Colorado, California, and Arizona. The remaining 3
percent is scattered among the remaining 27 States. While it is
currently unknown which States may choose to submit a petition for
State-specific rulemaking, the Forest Service assumes that all 39
States will do so in the first year after the rule is final. The costs
to the Forest Service and the Department to evaluate and make a
decision on a petition are estimated to range from $75,000 to $150,000.
Costs could range from $25,000 to $100,000 for an individual State
submitting a petition. Total costs to the States for 39 petitions would
range from $975,000 to $3,900,000, therefore; and total costs to the
Government would range from $2,925,000 to $5,850,000. Total costs of
the rule are therefore estimated to range from $3,900,000 to
$9,750,000.
While the effects of implementing this proposed rule are
speculative due to the programmatic nature of establishing a
petitioning process, they are expected to be within the existing
parameters of the effects of implementing the provisions of the 2001
roadless rule or of implementing existing land management plans. This
proposed rule is expected to provide a variety of potential beneficial
effects, which include the conservation of roadless areas; the
protection of human health and safety; the reduction of hazardous fuels
and restoration of essential wildlife habitats; the assurance of
reasonable access to public and private property or facilities; and the
improvement of collaboration and partnerships with States.
Environmental Impact
The Department prepared a draft environmental impact statement
(EIS) (May 2000) and a Final EIS (November 2000) in association with
promulgation of the 2001 roadless rule. The DEIS and FEIS examined in
detail the no action alternative in which no rule prohibiting
activities in inventoried roadless areas would be issued, and
management of inventoried roadless areas would be governed by existing
forest plans. The environmental impacts of revising 36 CFR part 294 are
essentially those disclosed and discussed for the no action alternative
displayed in FEIS. The FEIS is available in the document archives
section of the Roadless Area Conservation World Wide Wed/Internet site
at http://www.roadless.fs.fed.us.
This proposed rule would establish administrative procedures to
allow a Governor to petition the Secretary of Agriculture to undertake
future rulemaking for the management of inventoried roadless areas
within a specific State. Thus, subsequent State-specific roadless area
rulemaking may be proposed in the future, at which time the agency
would fully consider the environmental effects of that rulemaking in
compliance with National Environmental Policy Act (NEPA) procedures.
This proposed rule is merely procedural in nature and scope and, as
such, has no direct, indirect, or cumulative effect on the environment.
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43168;
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
instruction.'' The agency's assessment is that this rule falls within
this category of actions and that no extraordinary circumstances exist
which would require preparation of an environmental assessment or an
environmental impact statement.
No Takings Implications
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12360, and it has
been determined that the proposed rule would not pose the risk of a
taking of private property, as the proposed rule is limited to the
establishment of administrative procedures.
Energy Effects
This proposed rule has been analyzed under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined that this proposed rule
does not constitute a significant energy action as defined in the
Executive order.
Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. After adoption of this proposed rule as a final
rule, (1) all State and local laws and regulations that conflict with
this rule or that would impede full implementation of this rule would
be preempted; (2) no retroactive effect would be given to this rule;
and (3) this rule would not require the use of administrative
proceedings before parties could 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 Department has assessed the effects of this proposed rule on
State, local, and tribal governments and the private sector. This
proposed rule does not compel the expenditure of $100 million or more
by any State, local, or tribal government, or anyone in the private
[[Page 42640]]
sector. Therefore, a statement under section 202 of the act is not
required.
Federalism
The agency has considered this proposed rule under the requirements
of Executive Order 13132, Federalism. The agency has made a preliminary
assessment that the rule conforms with the federalism principles set
out in this Executive order; would not impose any significant
compliance costs on the States; and would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Based on
comments received on this proposed rule, the agency will consider if
any additional consultation will be needed with State and local
governments prior to adopting a final rule.
Consultation and Coordination With Indian Tribal Governments
This proposed rule does not have tribal implications as defined by
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. Therefore, advance consultation with tribes is not
required.
Controlling Paperwork Burdens on the Public
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.) and implementing regulations at 5 CFR part 1320,
Controlling Paperwork Burden on the Public, Sec. 294.13 and Sec.
294.14 of this proposed rule contain information collection
requirements and, therefore, require approval by the Office of
Management and Budget (OMB). Proposed Sec. 294.13 describes the
administrative process that Governors must follow to petition the
Secretary for rulemaking to govern inventoried roadless areas with
their States. Proposed Sec. 294.14 sets out what must be included in a
petition submitted to the Secretary requesting State-specific
rulemaking.
Estimate of burden: If a State decides to submit a petition, the
management requirements for each inventoried roadless area within the
State must be reviewed and evaluated on area-specific unique
situations, or circumstances. The State petition will have to be
accompanied by the appropriate level of detailed information and
rationale to allow the Department to evaluate the recommended
management requirements and make a disposition on the petition.
Although the Secretary's response and any subsequent rulemakings will
be developed in collaboration with the State, a State's petition
represents solely the views of the petitioner and do not prejudge or
reflect the views of the Forest Service or Secretary. Information
provided by or obtained from outside parties which USDA subsequently
adopts, endorses, or uses to formulate or support a regulation will be
publicly available.
The agency estimates that the burden for an individual State could
be as high as 1,000 hours for a single petition, depending on the
quantity of inventoried roadless areas within the State and the extent
of adjustment to inventoried roadless area management recommended in an
individual petition.
Respondents: State Governors.
Estimated annual number of respondents: There are 39 States with
inventoried roadless areas on National Forest System lands within their
boundaries that would be eligible to submit petitions to the Secretary
under this rule. The agency anticipates that all petitions would be
submitted during the first year this rule is in effect.
Estimated annual number of responses per respondent: One per State.
Estimated annual number of responses: The maximum number of
responses from States that could be received in a given year would be
39.
Estimated total annual burden on respondents: The estimated total
burden for 39 respondents is 39,000 hours.
Accordingly, the agency seeks comments on:
(1) Whether this collection of information is necessary for the
stated purposes and the proper performance of the functions of the
agency, including whether the information will have practical or
scientific utility;
(2) The accuracy of the agency's estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
respondents, including the use of automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology.
Comments can be submitted as provided in the ADDRESSES section of
this preamble. In submitting the request for approval of this
information collection to OMB, the agency will summarize and address
comments received on the information collection component of this
proposed rule.
Government Paperwork Elimination Act Compliance
The Forest Service is committed to compliance with the Government
Paperwork Elimination Act (44 U.S.C. 3504), which requires Government
agencies to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
List of Subjects in 36 CFR Part 294
National Forests, Navigation (air), Recreation and recreation
areas, Wilderness areas, Recordkeeping and reporting requirements.
Therefore, for the reasons set forth in the preamble, the Forest
Service proposes to revise part 294 of title 36 of the Code of Federal
Regulations to read as follows:
PART 294--SPECIAL AREAS
Subpart B--State Petitions for Inventoried Roadless Area Management
Sec.
294.10 Purpose.
294.11 Definition.
294.12 State petitions.
294.13 Petition process.
294.14 Petition contents.
294.15 State-specific rulemaking.
294.16 Scope and applicability.
Authority: 16 U.S.C. 472, 529, 551, 1608, 1613; 23 U.S.C. 201,
205.
Sec. 294.10 Purpose.
The purpose of these administrative procedures is to set forth a
process for State-specific rulemaking to address the management of
inventoried roadless areas in areas where the Secretary determines that
regulatory direction is appropriate based on a petition from the
affected Governor.
Sec. 294.11 Definition.
Inventoried roadless areas--Areas identified in a set of
inventoried roadless area maps, contained in the Forest Service
Roadless Area Conservation, Final Environmental Impact Statement,
Volume 2, dated November 2000, which are held at the National
headquarters office of the Forest Service, and any subsequent update or
revision of those maps.
Sec. 294.12 State petitions.
The Governor of any State that contains National Forest System
lands may petition the Secretary of Agriculture to promulgate
regulations establishing management requirements for all or any portion
of National Forest System inventoried roadless areas within that State.
Any such petition
[[Page 42641]]
must be submitted to the Secretary of Agriculture not later than [date
to be inserted 18 months from the effective date of the final rule].
Sec. 294.13 Petition process.
(a) Review and consideration of petitions made pursuant to Sec.
294.12 shall be accomplished as follows:
(1) Review--The Secretary shall review petitions and may request
additional information from a petitioner before deciding whether to
accept the petition. If the Secretary requests additional information
from a petitioner, the petition will be considered complete when the
petitioner provides the additional information.
(2) Disposition--The Secretary or the Secretary's designee shall
respond to the petition within 180 days of receipt of a completed
petition. The response shall accept or decline the petition to initiate
a State-specific rulemaking.
Sec. 294.14 Petition contents.
(a) Any petition made pursuant to Sec. 294.12 shall provide the
following:
(1) The location and description of the particular lands for which
the petition is being made, including maps and other appropriate
resources in sufficient detail to enable consideration of the petition;
(2) The particular management requirements recommended for the
lands and any exceptions;
(3) The identification of the circumstances and needs intended to
be addressed by the petition, including conserving roadless area values
and characteristics; protecting human health and safety; reducing
hazardous fuels and restoring essential wildlife habitats; maintaining
existing facilities such as dams, or providing reasonable access to
public and private property or public and privately owned facilities;
and technical corrections to existing maps such as boundary adjustments
to remove existing roaded areas;
(4) A description of how the recommended management requirements
identified in accordance with paragraph (a)(2) of this section differs
from existing applicable land management plan(s) or policies related to
inventoried roadless area management, while still complying with
applicable laws and regulations;
(5) A description of how the recommended management requirements
identified in accordance with paragraph (a)(2) of this section compares
to existing State land conservation policies and direction set forth in
any applicable State land and resource management plan(s);
(6) A description of how the recommended management requirements
identified in accordance with paragraph (a)(2) of this section would
affect the fish and wildlife that utilize the particular lands in
question and their habitat;
(7) A description of any public involvement efforts undertaken by
the State during development of the petition, including efforts to
engage local governments and persons with expertise in fish and
wildlife biology, fish and wildlife management, forest management,
outdoor recreation, and other important disciplines; and
(8) A commitment by the State that it will participate as a
cooperating agency in any environmental analysis for a rulemaking
process.
Sec. 294.15 State-specific rulemaking.
If the Secretary or the Secretary's designee accepts a petition,
the Forest Service shall be directed to initiate notice and comment
rulemaking to address the petition. The Forest Service shall coordinate
development of the proposed rule with the State. The Secretary or the
Secretary's designee shall make the final decision for any State-
specific inventoried roadless area management rule.
Sec. 294.16 Scope and applicability.
(a) The provisions of this regulation apply exclusively to the
development and review of petitions made pursuant to this subpart.
(b) Nothing in this regulation shall be construed to provide for
the transfer to, or administration by, a State or local authority of
any Federally owned lands.
Dated: July 12, 2004.
Dale N. Bosworth,
Chief.
[FR Doc. 04-16191 Filed 7-15-04; 8:45 am]
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