Long but Important Forest Service News

[KTMrad 513]

From Stewards of the Seqouia........

Hi All

In case you have not seen the below notice requiring the national forest re-examine all Roadless Areas for Wilderness suitability.

It also interesting they claim that logging would destroy the character of roadless areas forever. Many of the Roadless areas were logged in the past & that did not prevent them from being designated as Roadless. How can logging change them now forever?

Chris Horgan

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[Federal Register: January 31, 2007 (Volume 72, Number 20)]

[Notices]

[Page 4478-4481]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr31ja07-24]

[[Page 4478]]

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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC02

National Forest System Land Management Planning Directive for

Wilderness Evaluation

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency final directive.

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SUMMARY: The Forest Service is issuing a final directive to Forest

Service Handbook 1909.12, chapter 70. Chapter 70 establishes procedures

for wilderness evaluation when carrying out national forest land

management planning regulations at 36 CFR part 219, subpart A,

published in the Federal Register on January 5, 2005 (70 FR 1023). This

directive provides consistent overall guidance to Forest Service line

officers and employees in identifying and evaluating potential

wilderness areas when developing, or revising land management plans for

units of the National Forest System.

DATES: This directive is effective January 31, 2007.

ADDRESSES: Copies of the directive are available on the World Wide Web/

Internet at http://www.fs.fed.us/im/directives/fsh/190.../1909.12_70.doc

or on a compact disc (CD). Copies of the directive on a CD can be obtained by contacting Regis Terney by e-mail (rterney@fs.fed.us),

..us),

by phone at 1-866-235-6652 or 202-205-0895, or by mail at Regis Terney,

USDA Forest Service, 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:

Background

On January 5, 2005, the Department adopted final planning

regulations for the National Forest System (NFS) at 36 CFR Part 219,

subpart A (70 FR 1023) (also referred to as the 2005 planning rule).

The 2005 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 directives system (36 CFR

219.1©).

The Forest Service directives consist 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

..

Generally, 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 generally

the principal source of specialized guidance and instruction for

carrying out the policies, objectives, and responsibilities contained

in the FSM.

Need for Direction

Procedural and technical details associated with implementing the

2005 planning rule are needed by NFS units to begin consistent plan

amendments or revisions across all NFS units to prevent confusion and

to improve public involvement and decisionmaking associated with

developing, amending, or revising a land management plan.

Public Participation

On March 23, 2005, the Forest Service issued 12 interim directives

to FSM 1330, 1900, and 1920 and FSH 1909.12 asking for public comment

(70 FR 14637). In addition, on August 8, 2005, the Forest Service

issued an interim directive (ID) 1909.12-2005-10 to FSH 1909.12 to

revise ID 1909.12-2005-8, issued March 23, 2005 to correct a mistake at

section 71.12 (70 FR 45647). On September 7, 2006, the Forest Service

issued an interim directive combining, with no change, the direction

previously issued in ID 1909.12-2005-8 and ID 1909.12-2005-10.

This notice of issuance involves a final amendment for FSH 1909.12,

chapter 70--Wilderness Evaluation. Directives to FSMs 1900 and 1920 and

FSH 1909.12, chapters zero code, 10, 20, 30, 40, 50, 60 and 80 were

issued on January 31, 2006 (71 FR 5124).

Comments were submitted by mail, facsimile, and electronically.

During the 90-day comment period (ending on June 21, 2005), the agency

received 69 original responses and 8,727 copies of one form letter that

commented on wilderness evaluation. These responses were analyzed by

the Content Analysis Group and documented in a Content Analysis Report.

Of the 69 original responses, the Forest Service received responses

from 59 individuals and 10 organizations.

Response to Comments on Wilderness Evaluation

Potential Wilderness Areas

Comment: The Forest Service should not substitute the phrase

``potential wilderness areas'' for the phrase ``roadless areas'' in the

Forest Service directives' terms because the term is confusing and an

attempt to limit examination of roadless areas only to evaluation of

their potential for wilderness. Roadless areas have their own status as

areas that warrant protection and the planning process should not be

limited to protecting only those areas recommended for wilderness

designation. Roadless areas not recommended for wilderness will be lost

to road building and timber harvest that will destroy their roadless

character forever.

Response: The term ``potential wilderness areas'' was substituted

for ``roadless areas'' in the interim directives to stress the reason

these areas are identified and evaluated. Many public and internal

comments were received on this issue. In the final directive the term

``potential wilderness areas'' is used to avoid confusion with the term

``inventoried roadless area'' used in the Roadless Area Conservation

Rule (36 CFR 294.11, 66 FR 3244, January 12, 2001). The Roadless Area

Conservation Rule defined ``inventoried roadless areas'' as areas

identified in a set of inventoried roadless area maps in the November

2000 Forest Service Roadless Area Conservation, Final Environmental

Impact Statement, Volume 2 or subsequent update or revision of those

maps. The Roadless Area Conservation Rule definition is different from

the criteria for ``potential wilderness areas'' defined at section 71.1

of the final directive. The two areas (inventoried roadless areas and

potential wilderness areas) may have common boundaries; however, often

the areas are different.

Specific Criteria

Comment: The Forest Service should include specific criteria for

inventory and evaluation of roadless areas and require a thorough

review of all areas of each national forest, grassland, or prairie,

including the 58.5 million acres of previously inventoried roadless

areas identified in the Roadless Area Conservation Rule or the RARE II

inventory. This new inventory is needed to ensure that areas are

included that may have been missed in past efforts.

Response: Criteria for identifying lands to evaluate for wilderness

potential are specified in the guidance in FSH 1909.12, chapter 70. The

intent

[[Page 4479]]

is to identify and evaluate all National Forest System (NFS) lands that

meet the definition of wilderness in section 2© of the 1964

Wilderness Act (16 U.S.C. 1131 et seq.) The inventory process outlined

in chapter 70 of the handbook requires a thorough review of not only

those areas that were identified in previous inventories, but also

other areas that may meet the criteria. This ``inventory'' of areas is

updated during land management plan revision, and each area meeting

inventory criteria is then evaluated following the policy in FSM 1923

and the procedural guidance in FSH 1909.12, chapter 70. Based on the

evaluation, some potential wilderness areas may be administratively

recommended for wilderness designation. But, only the Congress can

designate an area as wilderness.

Inventory

Comment: The Forest Service should include in the roadless area

inventory all unroaded areas greater than 1,000 acres in size.

Response: The criteria for inventory do not include any absolute

size limit on what areas can be in the inventory. Areas less than 5,000

acres can be considered if they meet several criteria for wilderness

characteristics and manageability. The intent is to identify and

evaluate all NFS lands that meet the definition of wilderness in

section 2© of the Wilderness Act.

Criteria for Wilderness

Comment: The Forest Service should revise the Forest Service

directives' criteria for wilderness inventory and evaluation. Some

criteria about evidence of past disturbance, such as old mining roads

or new routes created illegally by off-road vehicle users or watershed

treatments (FSH 1909.12, sec. 71.11) should not be used to eliminate

areas from the roadless inventory. The Wilderness Act does not require

pristine conditions for designation and that use of criteria such as

``sights and sounds'' coming from outside the area are erroneous and

not in line with the will of Congress. The section on capability should

be cut out entirely, including references to solitude, sights and

sounds, challenge, and recreation.

Response: The directive has been revised to require that all areas

meet the statutory definition of wilderness to be considered for the

inventory of potential wilderness (FSH 1909.12, sec. 71). This includes

providing opportunities for solitude or a primitive and unconfined type

of recreation. All specific references to sights and sounds as

``inventory criteria'' have been removed. The capability analysis

includes an evaluation of an area's ability to provide outstanding

opportunities for solitude or primitive and unconfined recreation,

consistent with the definition of wilderness in the Wilderness Act.

Evaluating the opportunity for solitude appropriately includes

isolation from sights, sounds, the presence of others, development, and

evidence of humans when analyzing an potential wilderness area (FSH

1909.12, sec. 72.1).

Definition

Comment: The definition of wilderness in the Wilderness Act of

1964, section 2© should be in FSH section 71.

Response: That requirement was in the policy section of the interim

directive at FSM 1923 so there is no need to repeat it in chapter 70 of

FSH 1909.12. But, because of public and internal comment, and to make

it clear that the Forest Service is identifying lands that could

potentially be considered as additions to the National Wilderness

Preservation System, the requirement for satisfying the definition of

wilderness found in section 2© of the Wilderness Act has been added

back into section 71.

Pending Wilderness

Comment: The Forest Service should allow potential wilderness areas

to be managed as wilderness study areas until wilderness designation is

achieved or settled by Congress.

Response: The term ``wilderness study area'' is a specific term

used in the Eastern Wilderness Act of 1975 (16 U.S.C. 1132(note)) and

other statutes. To clarify, direction has been added at FSH 1909.12,

sec. 71. All areas that meet the definition of wilderness (sec. 2© of

the Wilderness Act) and the criteria in FSM 1923 and FSH 1909.12,

chapter 70 are evaluated for wilderness suitability in land management

plan revisions. Those areas administratively recommended for wilderness

or wilderness studies are not available for any use or activity that

may reduce their wilderness potential. Not all areas evaluated will be

found suitable for wilderness.

Wilderness Character

Comment: The Forest Service should clarify when and how evaluation

for wilderness could take place outside the planning process. FSM 1923

implies that this could happen.

Response: There was policy direction and guidance in the interim

directives at FSM 1923.12 and section 73.2 of FSH 1909.12, chapter 70

about the requirements for proposals resulting from wilderness studies

not incorporated in land management plans, including legislatively

mandated studies. The direction and guidance remains part of the

amended directives in FSM 1923 and FSH 1909.12, chapter 70. Such a

study could be directed by Congress.

Boundaries for Potential Wilderness Areas

Comment: The Forest Service should draw boundaries for roadless

areas or potential wilderness areas to the edge of impact. Boundaries

should be on a road, rather than buffered some distance back from the

road.

Response: The directive has been revised to specify that boundaries

of areas being considered for the inventory of potential wilderness be

at prominent natural or semi-permanent human-made features to help ease

on-the-ground identification (FSH 1909.12, secs. 71.12 and 72.1). And,

the directions state that boundaries of areas administratively

recommended for wilderness designation may be adjusted. This includes

setting boundary lines with a setback from features such as roads,

trails, dams, powerlines, pipelines, and bridges. Such setback areas

are frequently needed to provide for the operation, administration, and

management of such features.

Definition of Terms

Comment: The Forest Service should clarify the meanings of the

terms ``road,'' ``unroaded,'' and ``roadless'' as used in the Forest

Service directives' wilderness review provisions. Old jeep trails and

other routes that are no longer maintained should not be considered

``improved'' roads and their presence should not be used to exclude

areas from the roadless inventory.

Response: The term ``unroaded'' is not used in the final directive.

The first step in the evaluation of potential wilderness areas is to

identify and inventory all areas within National Forest System (NFS)

lands that satisfy the definition of wilderness found in section 2©

of the Wilderness Act. Areas of potential wilderness identified in this

process are called potential wilderness areas. The final amendment to

the directive refers to forest roads using the new agency definition at

Title 36, Code of Federal Regulations, Part 212--Administration of the

Forest Transportation System, section 212.1. A forest road is defined

as a road wholly or partly within or adjacent to and serving the NFS

that the Forest Service determines is necessary for the protection,

administration, and use of the NFS and the use and development of its

resources. One of the criteria that must be met to include an

[[Page 4480]]

area on the inventory is that it does not contain forest roads (36 CFR

212.1) or other permanently authorized roads, except as permitted in

areas east of the 100th meridian.

Areas To Be Evaluated

Concern: The Forest Service directives should require that all

areas be evaluated according to the criteria described in section 72.41

of its handbook, including those areas east of the 100th meridian.

Response: The handbook guidance has been corrected at section 72.4

so that it applies to all areas evaluated for their wilderness

potential.

Overview of Changes to Content of Chapter 70--Wilderness Evaluation

The final directive recodes the chapter (parent text) from a 1-

digit chapter to a 2-digit chapter. Interim directive (ID) 1909.12-

2005-8, ID 1909.12-2005-10, and ID 1909.12-2006-1 were issued using the

2-digit coding scheme. The final directive revises and updates the

direction previously contained in the parent text. In addition, the

final directive incorporates direction with adjustments made from

comments on the Interim Directive 1909.12-2005-8 (ID). The digest

contained within the final directive conveys the changes effected in

agency policy and procedures. The major changes between the ID and the

final directive are described below:

Section 71, paragraph 1, of the final directive adds direction on

the statutory definition of wilderness, and adds at paragraph 2

direction about the term ``potential wilderness area'' and explains

what the identification and inventory of potential wilderness areas

means. In addition paragraph 2, adds a sentence to clarify the

difference in terminology between lands east and west of the 100th

meridian. Paragraph 3 was added to recognize the uniqueness of each

area and the use of local knowledge and judgment in the inventory

process.

In section 71.1, the introductory paragraph clarifies that areas

qualify for placement on the inventory if they meet either criteria 1

and 3 or 2 and 3. In addition, the areas may have improvements if they

meet the criteria in section 71.11, and for areas east of the 100

meridian they must also meet the criteria in 71.12. Clarifies the

intent of enumerated paragraph 2, explaining that it is not necessary

to meet all three criteria within paragraph 2. At paragraph 2, removes

the terms ``physiography or vegetation'' and adds the term ``physical

terrain.'' Revises enumerated paragraph 3, the third criterion

concerning roads, from ``they do not contain improved roads maintained

for travel by standard passenger-type vehicles'' * * * to ``they do not

contain forest roads (36 CFR 212.1) or other permanently authorized

roads.'' The term ``forest roads'' is defined by the new agency

definition at Title 36, Code of Federal Regulations, Part 212--

Administration of the Forest Transportation System, Sec. 212.1. That

is a ``forest road'' is a road wholly or partly within or adjacent to

and serving the National Forest System (NFS) lands that the Forest

Service determines is necessary for the protection, administration, and

use of the NFS and the use and development of its resources.

Within section 71.12, changes the caption to ``Criteria for

Potential Wilderness East of the 100th Meridian.'' The amendment

incorporates direction on criteria for areas east of the 100th meridian

(formerly in ID) with changes to the introductory paragraph, enumerated

paragraph 5, and other editorial changes. At paragraph 1, the final

directive clarifies that the criteria in section 71.12 are in addition

to the criteria in sections 71.7 and 71.11. At enumerated paragraph 5,

and revises the wording to be consistent with that at section 71.1

concerning forest roads.

Within section 72.1 revises the principal wilderness

characteristics from those described in the ID (environment, challenge,

outdoor recreation opportunities, special features, manageability) to

those described in the 1964 Wilderness Act: (1) Natural; (2)

undeveloped; (3) outstanding opportunities for solitude or primitive

and unconfined recreation; (4) special features and values; and (5)

manageability. At enumerated paragraph 5, incorporates wording from

section 7.21 of parent text pertaining to how boundaries affect the

manageability of an area (wording had been removed by the ID). However,

at enumerated paragraph 5, did not incorporate the previously coded

paragraph d (formerly in section 7.21 of parent text) about

``boundaries acting as a shield.''

Within section 73.3 removes the following unnecessary explanatory

information on public hearings previously contained in the ID (formerly

in section 7.33 of parent text): ``Congress, in legislation subsequent

to the Wilderness Act, has considered it necessary to expressly provide

for public involvement by reference to section 3(d) of the original

act. This section applied to those areas that, on the effective date of

the Wilderness Act, were described as primitive. Therefore, there is no

statutory requirement that review of selected areas that may have

likelihood for wilderness designation comply with the public

participation provisions of section 3(d) of the Act. However, the fact

that Congress, in designating wilderness study areas, has required

hearings does imply a desire for public participation in a hearing or

some comparable proceeding, such as a public meeting, in order to

obtain comment about wilderness recommendations while developing or

revising a land management plan.'' Other changes were made throughout

the document for clarity.

Regulatory Certifications

Environmental Impact

This final directive provides the detailed direction to agency

employees necessary to carry out the provisions of the final 2005

planning rule adopted at 36 CFR part 219 governing land management

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 Service-wide

administrative procedures, program processes, or instructions.'' The

agency's conclusion is that this final directive 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 directive has been reviewed under USDA procedures. The final

directive 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.

The directive would not interfere with an action taken or planned by

another agency nor raise new legal or policy issues. Finally, the

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.

Moreover, the directive has been considered in light of Executive

Order 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.). No

direct or indirect financial impact on small businesses or other

entities has been identified. Therefore, it is hereby certified that

this final directive will not have a significant

[[Page 4481]]

economic impact on a substantial number of small entities as defined by

the act.

No Takings Implications

This final directive has been analyzed in accordance with the

principles and criteria contained in Executive Order 12360,

Governmental Actions and Interference with Constitutionally Protected

Property Rights, and it has been determined that it would not pose the

risk of a taking of private property as they are limited to the

establishment of administrative procedures.

Energy Effects

This final directive has been analyzed under Executive Order 13211,

Actions Concerning Regulations That Significantly Affect Energy Supply,

Distribution, or Use. It has been determined that it does not

constitute a significant energy action as defined in the Executive

order.

Civil Justice Reform

This final directive has been reviewed under Executive Order 12988,

Civil Justice Reform. This final directive will direct the work of

Forest Service employees and is not intended to preempt any state and

local laws and regulations that might be in conflict or that would

impede full implementation of this directive. The directive would not

retroactively affect existing permits, contracts, or other instruments

authorizing the occupancy and use of National Forest System lands and

would not require the institution of 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 effects of this final directive on state, local, and tribal

governments, and on the private sector have been assessed and do 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.

Federalism

The agency has considered this final directive under the

requirements of Executive Order 13132, Federalism. The agency has made

an assessment that the final directive 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. Moreover,

this final directive addresses the land management planning process on

national forests, grasslands, or other units of the National Forest

System, which do not directly affect the states.

Consultation and Coordination With Indian Tribal Governments

This final directive does not have tribal implications as defined

by Executive Order 13175, Consultation and Coordination with Indian

Tribal Governments, and therefore, advance consultation with tribes is

not required.

Controlling Paperwork Burdens on the Public

This final directive does not contain any record keeping or

reporting requirements or other information collection requirements as

defined in 5 CFR part 1320 and, therefore, impose no paperwork burden

on the public. 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.

Conclusion

This final directive provides consistent interpretation of the 2005

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'>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://www.fs.fed.us.

Dated: December 21, 2006.

Dale N. Bosworth,

Chief, Forest Service.

[FR Doc. E7-1554 Filed 1-30-07; 8:45 am]