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