[Federal Register: July 16, 2004 (Volume 69, Number 136)]
[Notices]
[Page 42648-42649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy04-24]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AB90
Roadless Area Protection
AGENCY: Forest Service, USDA.
ACTION: Notice of issuance of agency interim directive.
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SUMMARY: The Forest Service is reinstating interim directive (ID) 1920-
2001-1 (issued Dec. 14, 2001, and expired June 14, 2003) for the
management of inventoried roadless areas. The reinstated ID, now
numbered ID 1920-2004-1, is intended to provide guidance for addressing
road and timber management activities in inventoried roadless areas
until land and resource management plans are amended or revised. The ID
has been reinstated to the Forest Service Manual (FSM) Chapter 1920,
Land Management Planning.
DATES: This interim directive is effective July 16, 2004.
ADDRESSES: ID 1920-2004-1 is available electronically from the Forest
Service via the World Wide Web/Internet at http://www.fs.fed.us/im/directives.
Single paper copies of the interim directive are also
available by contacting the Director, Ecosystem Management Coordination
Staff, Forest Service, USDA, Mail Stop 1104, 1400 Independence Ave.,
SW., Washington, DC 20250-1104, or by facsimile to (202) 205-1012.
FOR FURTHER INFORMATION CONTACT: Dave Barone, Planning Specialist,
Ecosystem Management Coordination Staff, Forest Service (202) 205-1019.
SUPPLEMENTARY INFORMATION: The Forest Service is reinstating an interim
directive (ID) to Forest Service Manual (FSM) chaper 1920 to provide
guidance for the protection and management of inventoried roadless
areas. The ID was originally published for comment on August 22, 2001
(66 FR 44111), and a revised ID was published for comment on December
20, 2001 (66 FR 65801). The December 2001 ID expired on June 14, 2003.
This action reinstates the administrative policy that, until a land
management plan is revised or an amendment is adopted that considers
their protection and mangement, inventoried roadless areas shall, as a
general rule, be managed to preserve their roadless characteristics.
This ID also reinstates the reservation of authority to the Chief to
make decisions affecting inventoried roadless areas, except in specific
circumstances that generally are consistent with the exceptions in the
set aside Roadless Area Conservation Rule (Roadless Rule) (36 CFR part
294), involving: (1) Road construction or road reconstruction until a
forest-scale roads analysis is completed and incorporated into a forest
plan, or until a determination is made that an amendment to the plan is
not necessary; and (2) the cutting, sale, or removal of timber until a
revision of a forest plan or adoption of a plan amendment that has
considered the protection and management of inventoried roadless areas.
The reinstated ID makes two changes to the direction previously
issued on December 14, 2001, in ID No. 1920-2001-1. The first change is
in the Policy section at FSM 1925.03 where a statement has been added
that allows the Chief to grant project-specific exceptions to the
reservations of authority set out in the ID. This addition is being
made to to give the Chief the flexibility to exercise discretion, on a
case-by-case basis, when a Forest Supervisor or a Regional Forester
requests, for good cause, that the decision authority not be reserved.
The second change is at FSM 1925.04b to the authority and the
responsibility of the Regional Forester for decisions on a road
construction or road reconstruction project in an inventoried roadless
area. This section has been revised to include all lands associated
with any mineral lease, license, permit or approval issued for mineral
leasing operations. This adjustment was made in order to eliminate the
confusion concerning the minerals leasing program in inventoried
roadless areas which involve protracted, staged decisionmaking, as well
as in consideration of the interests set forth in the National Energy
Plan.
There have been nine lawsuits filed in six judicial districts and
four Federal circuits challenging the Roadless Rule. On May 10, 2001,
the U.S. District Court for the District of Idaho issued a preliminary
injunction order enjoining the Department from implementing the
Roadless Rule. That order was reversed by the U.S. Court of Appeals for
the Ninth Circuit. On July 14, 2003, the U.S. District Court for the
District of Wyoming issued a permanent injunction order enjoining the
Department from implementing the Roadless Rule. That ruling has been
appealed. The roadless management ID was originally issued to provide
interim protections for inventoried roadless areas because of the legal
uncertainty surrounding the implementation of the Roadless Rule. There
continues to be uncertainty as legal proceedings are ongoing and the
ultimate outcome is far from certain. In addition, the Department of
Agriculture has announced its intentions to proceed with a new
rulemaking addressing inventoried roadless area management. The Forest
Service is not yet prepared to adopt a final policy, and feels that
reinstating the interim policy is the best course of action at this
time.
The agency believes that the interim policy contained in the ID
provides stability to roadless area management
[[Page 42649]]
and appropriate protection of roadless values in inventoried roadless
areas.
Dated: July 12, 2004.
Dale N. Bosworth,
Chief.
[FR Doc. 04-16192 Filed 7-15-04; 8:45 am]
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