Jump to main content.

Forest Vegetation Resource Planning

Note: EPA no longer updates this information, but it may be useful as a reference or resource.


PDF Version (4 pp, 61K, About PDF)

[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50756-50759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-24]

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

DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC63

Forest Vegetation Resource Planning

AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of agency interim directive; request for
comment.

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

SUMMARY: The Forest Service is issuing an interim directive to Forest
Service Handbook 1909.12, chapter 60, to guide agency employees on
timber and forest vegetation resource planning, including guidance on
identifying lands generally suitable for timber production and long-
term sustained-yield capacity. This interim directive revises Forest
Service Handbook 1902.12--60, issued January 31, 2006. The intended
effect of issuance of this interim directive is to provide consistent
overall guidance to Forest Service line officers and agency employees
in developing, amending, or revising land management plans for units of
the National Forest System regarding forest vegetation resource
planning. Public comment is invited and will be considered in
developing a final directive.

DATES: Interim directive number 1909.12-2008-1 is effective August 28,
2008. Comments must be received in writing by October 27, 2008.

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

[[Page 50757]]

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 www.fs.fed.us/im/directives Exit Disclaimer
or at www.fs.fed.us/emc/nfma/index.htm. Exit Disclaimer You may request a compact
disc (CD) copy of the interim directive by contacting Regis Terney by
e-mail (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://www.fs.fed.us/im/directives. Exit Disclaimer
    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.
    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, Jan. 31, 2006). The final Agency
directives included FSH 1909.12, chapter 60, Forest Vegetation Resource
Planning. On April 21, 2008, the Department replaced the 2005 final
rule (2005 rule) (70 FR 1022, Jan. 5, 2005), as amended March 3, 2006
(71 FR 10837) with final planning regulations for the National Forest
System at 36 CFR part 219, subpart A (73 FR 21468). This 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 minor changes to the January
31, 2006, directive to clarify the procedures for identifying lands
available for timber harvest and suitable for timber production, long-
term sustained-yield capacity (LTSYC), and timber sale program quantity
(TSPQ) to aid consistent interpretation and application of the
direction by Agency personnel. Our Washington Office review of several
proposed land management plans showed that these clarifications 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. About 40 revision efforts are currently
ongoing. The Forest Service expects 38 unit supervisors to use the 2008
planning rule to finish their plan revisions. In the next few months,
many of these units will be discussing timber harvest availability,
timber production suitability, LTSYC, and TSPQ with the public. It is
imperative that these units use the proper procedures when discussing
these important issues with the public.

Summary of Revisions

    Section 60.5. This section of the directive provides definitions.
The interim directive revises the term ``lands generally suited for
timber harvest'' to be ``lands generally available for timber
harvest.'' It revises the term ``not suitable for timber production''
to be ``lands not suitable for timber production.'' The interim
directive changes the definitions for forest regulation, lands
generally available for timber harvest, lands not suitable for timber
production, long-term sustained-yield capacity, planning horizon,
stand, and suitability. Throughout this interim directive, the Agency
substitutes the word ``available'' for ``suitable'' when referring to
the use of timber harvest as a tool. Suitability in NFMA refers to
resource uses of land. NFMA specifically requires the identification of
the suitability of lands for resource management in 16 U.S.C.
1604(g)(2)(A) and also the identification of lands not suited for
timber production (a specific resource use) in 16 U.S.C. 1604(k). The
use of the term ``available'' in referring to timber harvest is
intended to reduce confusion over whether timber harvest is an
objective (which it is not) or a tool to achieve specific resource uses
or objectives (which it is). The interim directive changes the
definition of ``forest regulation'' and ``stand'' to agree with
silvicultural definitions in FSM 2470.5. The definition of ``lands
generally available for timber harvest,'' ``lands not suitable for
timber production,'' ``long-term sustained-yield timber capacity,''
``planning horizon,'' and ``suitability'' are clarified to agree with
the 2008 planning rule.
    Section 61. This section of the directive describes the vegetation
management requirements at the project level. The interim directive
makes editorial changes so that restocking requirements will be
consistently described in plans in terms of ``reasonable assurance of
adequate restocking.''
    Section 62. This section of the directive describes procedures for
identifying the availability of lands for timber harvest and
suitability of lands for timber production. The interim directive
revises the term ``lands generally not suitable for timber harvest'' to
be ``lands generally not available for timber harvest.'' The interim
directive now provides two bases for identifying lands as not being
available for timber harvest: (1) Legal, policy, physical, or
biological conditions (the one basis set out in the current handbook),
and (2) incompatibility with desired conditions and objectives. The
second category sets forth a new, additional concept to consider when
determining lands generally not available for timber harvest. The
interim directive also clarifies categories of lands generally not
available for timber harvest, lands generally available for timber
harvest, and lands not suitable for timber production.
    Section 62, exhibit 01. The interim directive changes the exhibit
to conform to the revision and clarification of section 62.
    Section 62.1. The interim directive changes the identification
criteria of lands generally not available for timber harvest into a
two-step process, so that incompatibility with desired conditions and
objectives is a basis for identifying land as being not available for
timber harvest even where legal, policy, physical, or biological
criteria would not require such a determination.
    Section 62.11. The interim directive also clarifies the
identification of areas where timber harvest is generally prohibited by
statute, Executive order, regulation, or policy. The interim directive
clarifies that this category includes, but is not limited to,

[[Page 50758]]

congressionally designated wilderness and congressionally designated
wilderness study areas.
    Section 62.12. The interim directive adds a cross-reference to the
planning rule and adds the phase ``or substantial and permanent
impairment of the productivity of the land'' to the list of criteria
for estimating where it is not possible to carry out timber harvest
activities without irreversible damage.
    Section 62.13. The interim directive revises the focus from
``identifying lands where there is reasonable assurance of restocking''
to ``where there is no reasonable assurance that the land can be
adequately restocked.'' The interim directive clarifies that the
determination is based on existing technology and research findings.
The interim directive clarifies that the estimates of no reasonable
assurance of adequate restocking made during land management planning
must be refined during project-level analyses.
    Section 62.2. At enumerated paragraph 1, clarifies that ``lands
suitable for timber production'' are the same as ``lands where timber
production achieves, is compatible with, or could contribute to the
achievement of desired conditions and objectives established by the
plan. Revises enumerated paragraph 2 to agree with the words of 36 CFR
219.12(a)(4) by changing the existing words of: ``Other lands where
harvest for multiple-use objectives other than timber production,
including salvage sales, may take place as described in section
62.22.'' to ``Other lands where trees may be harvested for multiple use
values other than timber production as described in section 62.22.''
    Section 62.21. Changes the caption from ``Timber Production
Achieves or is Compatible With Desired Conditions and Resource
Objectives'' to ``Lands Suitable for Timber Production.'' Adds two
criteria to the enumerated criteria for lands suitable for timber
production, (1) lands are not withdrawn by law or policy and (2) lands
are forest land. Clarifies that regeneration of the timber stand is
always intended for lands suitable for timber production. Removed the
last sentence from this section about the planning documents describing
why timber harvest is a cost-effective tool and added it to section 62.22.
    Section 62.22. The interim directive clarifies the distinction
between ``other lands'' (where trees may be harvested for multiple use
values other than timber production) and ``lands suitable for timber
production.''
    Section 62.3. Removed the enumerated list of criteria for lands
generally not suitable for timber production because it was redundant
with the criteria at section 62.21.
    Section 63.1. For simplicity changed the term ``timber production
achieves or is compatible with desired conditions and resource
objectives'' to ``lands suitable for timber production'' in this
section and throughout the document. The interim directive revises
direction for estimating the long-term sustained-yield capacity (LTSYC)
by clarifying that LTSYC must not be constrained by current budgets. In
addition, the interim directive sets forth that in those cases where a
national forest has less than 200,000 acres of commercial forest land
(FSH 2409.13, sec. 05) the responsible official may use two or more
national forests for purposes of determining the LTSYC. The current
directive limits the use of two or more national forests for
determining LTSYC to where a national forest has less than 200,000
acres of lands suitable for timber production. This change in direction
brings the interim directive in agreement with 16 U.S.C. 1611 and the
long-standing definition of commercial forest land set forth in FSH
2409.13 (Timber Resource Planning Handbook). The interim directive also
sets forth that if the responsible official decides a substantive
change of the LTSYC estimate in the plan is needed, the responsible
official shall amend or revise the plan.
    Section 63.4. The interim directive clarifies that a substantive
change of the timber sale program quantity (TSPQ) estimate in the approved
land management plan must be changed by plan amendment or plan revision.
    Section 63.5. To meet multiple-use objectives, the responsible
official may establish a TSPQ that exceeds the LTSYC under 16 U.S.C.
1611. The interim directive clarifies that the responsible official may
exceed the LTSYC limit when selling timber from salvage harvesting,
sanitation harvesting, or from wood fiber not represented in the
utilization standards used in calculating LTSYC. At enumerated
paragraph 2, the interim directive changes the term ``timber production
achieves or is compatible with desired conditions and resource
objectives'' to ``lands suitable for timber production.'' The interim
directive clarifies direction for assessing whether the TSPQ exceeds
LTSYC by stating that responsible officials, at their discretion, may
combine categories of lands generally available for timber harvest for
assessing whether TSPQ exceeds LTSYC for the forest as a whole.
    Section 64. The interim directive clarifies that a plan that
contains lands available for timber harvest must include guidance
developed pursuant to 36 CFR 219.12(b)).
    Section 64.2. Clarifies that in some cases, even within lands
suitable for timber production, timber harvest for purposes other than
timber production may meet the ``adequate restocking'' requirement when
the management intent is not to replace trees.
    Section 64.3. The interim directive adds a requirement that land
management plans must include guidance for maximum size limits under 36
CFR 219.12(b)(2).
    Section 65.5. Changes the caption for section 65.5 to "Plan Exhibits."

Environmental Impact

    This interim directive to Forest Service Handbook (FSH) 1909.12,
chapter 60 would clarify direction and guide agency employees on timber
and forest vegetation resource planning, including guidance on
identifying lands generally suitable for timber production and long-
term sustained-yield capacity. This interim directive supersedes Forest
Service Handbook 1902.12--60, issued January 31, 2006. The intended
effect of issuance of this interim directive is to provide consistent
overall guidance to Forest Service line officers and agency employees
in developing, amending, or revising land management plans for units of
the National Forest System regarding forest vegetation resource
planning. Section 31.12 of FSH 1909.15 (57 FR 43208; Sept. 18, 1992)
excludes from documentation in an environmental assessment or impact
statement ``rules, regulations, or policies to establish servicewide
administrative procedures, program processes, or instructions.'' The
agency's conclusion is that this final directive, which simply sets out
guidance for the planning process, 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.

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

[[Page 50759]]

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 record-keeping 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.

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 proposed action 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 record-
keeping 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://www.fs.fed.us./im/directives. Exit Disclaimer 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://www.fs.fed.us. 
Exit Disclaimer

    Dated: August 21, 2008.
Abigail R. Kimbell,
Chief, Forest Service.
[FR Doc. E8-20013 Filed 8-27-08; 8:45 am]
BILLING CODE 3410-11-P

 
 

Local Navigation

Jump to main content.