56202

Notices Federal Register Vol. 78, No. 177

Thursday, September 12, 2013

This section of the FEDERAL REGISTER comments. Please confine comments to Ecological restoration re-establishes the contains documents other than rules or the proposed directive on the Ecological composition, structure, and/or proposed rules that are applicable to the Restoration and Resilience Policy. ecological processes that support public. Notices of hearings and investigations, All comments, including names and sustainable aquatic and terrestrial committee meetings, agency decisions and addresses, when provided, are placed in ecosystems. In order to identify an rulings, delegations of authority, filing of petitions and applications and agency the record and are available for public ecosystem in need of restoration, statements of organization and functions are inspection and copying. The public may current conditions should be evaluated examples of documents appearing in this inspect comments received on the against: the natural range of variation as section. internet at http://www.fs.fed.us/ a reference to understand ecosystem restoration/index.shtml. function; the dynamic nature of FOR FURTHER INFORMATION CONTACT: Jim ecosystems, associated natural and DEPARTMENT OF AGRICULTURE Alegria, Forest Management Staff, current disturbance regimes; and likely USDA Forest Service, Mailstop 1103, future environments resulting from Forest Service 1400 Independence Avenue SW., climate change and increasing human RIN 0596–AC82 Washington, DC 20250, 202–205–1787. uses. Although this proposal is to Individuals who use establish a restoration policy on Ecological Restoration Policy telecommunications devices for the deaf National Forest System lands and (TDD) may call the Federal Information resources, there may be some situations AGENCY: Forest Service, USDA. Relay Service (FIRS) at 1–800–877–8339 where ecosystems have been so ACTION: Notice of proposed directive; between 8:00 a.m. and 8:00 p.m. Eastern degraded that restoration may not be request for comment. Standard Time, Monday through Friday. feasible or economically possible. SUPPLEMENTARY INFORMATION: The proposed directive applies to all SUMMARY: The Forest Service proposes National Forest System’s resource to issue a permanent Ecological Background and Need for the Directive management programs. For example, Restoration Policy in Forest Service The need for ecological restoration of this directive would apply when there Manual (FSM) 2020. The proposed many areas in the National Forest is an objective to restore watershed directive would provide broad direction System is widely recognized, and the condition and function, control invasive for restoring National Forest System Forest Service has conducted species, re-create natural stream channel lands and associated resources to restoration-related activities through complexity, improve or reestablish achieve sustainable management and many resource management programs habitat for threatened and endangered ecological integrity. This policy would for decades. However, an internal species, and restore natural fire regimes. recognize the adaptive capacity of agency study (http://www.fs.fed.us/ The Forest Service has a multiple-use ecosystems, the role of natural restoration/documents/RestFramework_ mission and not all management disturbances, and uncertainty related to final_010606.pdf) identified that the activities on national forests and climate and other environmental concept of ecological restoration has not grasslands require a restoration change. On September 22, 2008, the been well understood nor consistently objective. The Agency will continue to Forest Service issued an interim implemented within the agency. The support management activities such as directive, FSM 2020 Ecological Agency believes that a foundational, energy development, recreation use, Restoration and Resilience. The interim comprehensive policy and definitions grazing and timber production directive was reissued on March 3, would help it to use ecological conducted in an ecologically sustainable 2010, a third time on August 30, 2011, restoration more effectively as a tool for manner to avoid the need for ecological and a fourth time on May 13, 2013, and achieving land management objectives restoration in the future. For example, is now proposed as permanent policy. on national forests and grasslands. vegetative treatments in the Wildland DATES: Comments must be received in The Forest Service proposes to amend Urban Interface that are necessary to writing by November 12, 2013. its directives by establishing a new title effectively reduce fire risk to ADDRESSES: Submit comments through in the Forest Service Manual, FSM communities may require a silvicultural the World Wide Web/Internet Web site 2020: Ecological Restoration . The treatment that would not be viewed as http://www.regulations.gov. Alternately, proposed directive would establish ecological restoration. Rather, the submit written comments by addressing broad, foundational policy for vegetative treatments would address the them to Forest Service Restoration restoration of National Forest System objective of reducing the risk of harm to Directive, c/o Jim Alegria, Forest lands and resources. The intent is to people, property and forest resources Management Staff, USDA Forest provide a clear, comprehensive, and due to wildfire. Water structures for Service, Mailstop 1103, 1400 science-based restoration policy to range management will continue to be Independence Avenue SW., guide achievement of sustainable developed to sustain livestock and Washington, DC 20250, or by facsimile management and ecological integrity reduce risk to riparian systems. The to 202–205–1012. Please identify your under changing environmental directive would amend the Forest written comments by including conditions, such as those driven by a Service Manual to include a definition ‘‘Restoration Directive’’ on the cover changing climate and increasing human for the term restoration, or ecological sheet or first page. Electronic comments uses. restoration. The more generic term are preferred. For comments sent via Restoration is the process of assisting restoration has been used widely by the U.S. Postal Service, please do not the recovery of ecosystems that have Forest Service and other agencies submit duplicate electronic or facsimile been damaged, degraded, or destroyed. beginning with the National Fire Plan

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Cohesive Strategy adopted in 2001, and reissued a third time on August 30, uniform understanding and Service- the 10-Year Comprehensive Strategy 2011, and a fourth time on May 13, wide application of restoration policies, and Implementation Plan. The term 2013. The interim directive expires on principles, and terminology; increasing restoration and associated concepts November 13, 2014. agency effectiveness when planning and such as reforestation, resilience, and implementing restoration activities; and Regulatory Certification adaptation, are increasingly used by the fostering better understanding and Congress, media, stakeholders, general Environmental Impact collaboration among interests from local public, scientific community, and The proposed directive establishes to national levels. It is anticipated that leaders, including the Secretary of broad, foundational policy for the proposed directive would reduce Agriculture and the Chief of the Forest restoration of National Forest System costs by providing clear policy, Service, in their public statements. The lands and associated resources. The definitions, and principles of ecological directive primarily serves to improve Agency procedure at 36 CFR 220.6(d)(2) restoration and reducing ad hoc or understanding of the term by Forest excludes from documentation in an inconsistent interpretation of Service employees, partners, and the environmental assessment or terminology and policy. public, by clarifying the purpose behind environmental impact statement ‘‘rules, This directive has been reviewed in it, as well as its scope and context. This regulations, or policies to establish light of the Regulatory Flexibility Act, as improved understanding will allow the Service-wide administrative procedures, amended (5 U.S.C. 601 et seq.), and it Forest Service to communicate program processes, or instructions.’’ has been determined that this action ecological restoration needs more This proposed directive constitutes a will not have a significant economic effectively at the local, regional, and policy to establish Service-wide impact on a substantial number of small national levels. entities as defined by that Act. A The policies and ecological principles administrative procedures, program processes, or instructions consequently threshold regulatory flexibility analysis in this proposed directive are consistent is not required under the Regulatory with those in the Forest Service’s 2012 the Agency has concluded that the proposed directive falls within the Flexibility Act because this directive is Land Management Planning Rule broad agency policy that imposes no (planning rule). The proposed directive category of actions in 36 CFR 220.6(d)(2) impacts or requirements on small or would reinforce the use of adaptive and that no extraordinary circumstances large entities. The directive will management, scientific information, and exist which would require preparation increase agency effectiveness when collaboration in agency planning and of an environmental assessment or planning and implementing restoration decision-making. The Forest Service environmental impact statement. activities at the local level. twice asked for public comment on the Regulatory Impact concept and definition of restoration in Federalism developing the planning rule, with the This proposed directive has been release of the Notice of Intent to prepare reviewed under USDA procedures and The Agency has considered this an environmental impact statement Executive Order 12866, Regulatory proposed directive under the (EIS) for a new rule (December 18, 2009) Planning and Review. It has been requirements of Executive Order 13132, and again with release of the proposed determined that this is not an Federalism. The Agency has concluded rule (February 14, 2011). Some public economically significant action. This that the proposed directive conforms comments stated that the term action would not have an annual effect with the federalism principles set out in ‘‘restoration’’ needed to be defined. of $100 million or more on the economy this Executive order; will not impose Most respondents who cited the Forest nor adversely affect productivity, any compliance costs on the States; and Service definition in the FSM 2020 competition, jobs, the environment, will not have substantial direct effects interim directive generally agreed with public health or safety, nor state or local on the States or the relationship it. Others did not agree with the Forest governments. This action would not between the national government and Service definition and offered new interfere with an action taken or the States, or on the distribution of definitions. This proposed directive planned by another agency. This action power and responsibilities among the would adopt the definition of would not alter the budgetary impact of various levels of government. Therefore, restoration from the 2012 planning rule entitlements, grants, user fees, or loan the Agency has determined that no (April 9, 2012) for FSM Chapter 2020— programs or the rights and obligations of further assessment of federalism Ecological Restoration. Definitions for recipients of such programs. However, implications is necessary. other terms proposed for FSM 2020.-5 because of the extensive interest in the Consultation and Coordination with are from the 2012 planning rule, Agency management of National Forest System Indian Tribal Governments National Environmental Policy Act land, this proposed agency directive has (NEPA) regulations, and other sources. been designated as significant and, Pursuant to Executive Order 13175 of therefore, is subject to Office of November 6, 2000, ‘‘Consultation and Interim Directive Management and Budget review under Coordination with Indian Tribal In 2008, the Chief of the Forest Executive Order 12866. Governments,’’ Tribes were invited to Service determined that a national In accordance with OMB circular A– consult on the proposed directive prior policy on ecological restoration was 4, ‘‘Regulatory Analysis,’’ a cost/benefit to review and comment by the general needed to ensure a consistent and analysis was conducted. The analysis public. The consultation process was cohesive approach to restoring the compared the costs and benefits initiated through written instructions ecological integrity of forest and associated with the ‘‘no action’’ from the Deputy Chief for the National grassland ecosystems. Since then, the alternative of not having an agency Forest System to the Regional Foresters Forest Service has been using an interim policy and the alternative of adopting and subsequently to the Forest directive that lays out an operational the proposed ecological restoration Supervisors. Upon request from Tribes, definition for ‘‘ecological restoration.’’ policy. Many benefits and costs formal consultation was conducted by This interim directive has been in place associated with the proposed agency the Forest Supervisors and/or District since September 22, 2008, and was policy are not quantifiable. Benefits Rangers with assistance from staff. reissued on March 3, 2010. It was include providing consistent and Tribal comments were submitted to the

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Washington Office staff designated as Civil Justice Reform across all program areas and activities lead for this proposed policy. This proposed directive has been applicable to management of National A limited number of responses were reviewed under Executive Order 12988 Forest System lands and resources so as received during the course of the 120- ‘‘Civil Justice Reform.’’ After adoption of to ensure integration and coordination day consultation period, and used in the this proposed directive, (1) All state and at all levels and within all formulation of policy or otherwise local laws and regulations that conflict organizational units. considered. Comments were in support with this proposed directive or that 2020.1—Authority of the directive. Some expressed the would impede full implementation of The authority for restoring National opinion that the directive did not this directive would be preempted; (2) Forest System lands derives from many represent any change from current no retroactive effect would be given to laws enacted by Congress that define the Agency practices. One comment this proposed directive; and (3) the purpose of national forests and suggested that the ecological restoration proposed directive would not require grasslands. These are cited throughout policy should include identification and the use of administrative proceedings the Forest Service Manual and removal of stressors (often human uses) before parties could file suit in court Handbooks. FSM 1010 lists the most as part of any restoration activity. The challenging its provisions. suggestion was incorporated into the significant laws and provides guidance policy section at 2020.3. Unfunded Mandates on where to obtain copies of them. Implementation of this directive Pursuant to Title II of the Unfunded The history of Federal policies, primarily occurs at the local level Mandates Reform Act of 1995 (2 U.S.C. treaties, statutes, court decisions, and (national forest or grassland unit) 1531–1538), signed into law on March Presidential direction regarding Indian through land management planning and 22, 1995, the Agency has assessed the Tribes and tribal rights and interests is project-level planning and effects of this proposed directive on extensive. FSM 1563.01a through accomplishment. When local actions are State, local, and Tribal governments and 1563.01i set out the legal authorities initiated, another level of consultation the private sector. This proposed relevant to Forest Service relationships would occur among Tribes and forest directive does not compel the annual with Tribes. and grassland units because it is at that expenditure of $100 million or more by The President issued direction more local level that site-specific any State, local, or Tribal government in through several Executive orders ecological restoration goals and the aggregate or by anyone in the private relevant to protection of resources or objectives are established. Also, at that sector. Therefore, a statement under restoration of ecosystem processes and level the design and effects of section 202 of the act is not required. functions. Also, numerous regulations restoration activities are most effectively governing the sustainable management managed in relation to the Agency’s Energy Effects and restoration of National Forest tribal trust responsibilities and Indian This proposed directive has been System lands are found in the Code of tribal treaty rights to assure Tribal reviewed under Executive Order 13211, Federal Regulations under Title 36, interests are respected. Actions Concerning Regulations That Chapter II, Parts 200–299. The proposed directive establisheses Significantly Affect Energy Supply, 2020.11—Laws broad, foundational policy for ecological Distribution, or Use. It has been restoration of National Forest System determined that this proposed directive The principal statutes governing the (NFS) lands and associated resources does not constitute a significant energy management and restoration of National but does not directly affect the action as defined in the Executive order. Forest System lands include, but are not occupancy and use of NFS land. The limited to, the following statutes. Except Agency has assessed the impact of this Controlling Paperwork Burdens on the where specifically stated, these statutes proposed directive on Indian Tribes Public apply to all National Forest System through Tribal consultation and has This proposed directive does not lands and resources. determined that it does not have contain any additional record keeping 1. Organic Administration Act (at 16 substantial direct or unique effects on or reporting requirements or other U.S.C. 475, 551). States the purpose of one or more Indian Tribes, on the information collection requirements as the national forests, and directs their relationship between the Federal defined in 5 CFR part 1320 that are not control and administration to be in Government and Indian Tribes, or on already required by law and already accord with such purpose, that is, ‘‘[n]o the distribution of power and approved for use, and, therefore, national forest shall be established, responsibilities between the Federal imposes no additional paperwork except to improve and protect the forest Government and Indian Tribes. The burden on the public. Accordingly, the within the boundaries, or for the Agency has also determined that this review provisions of the Paperwork purpose of securing favorable proposed directive does not impose Reduction Act of 1995 (44 U.S.C. 3501 conditions of water flows, and to substantial direct compliance costs on et seq.) and its implementing furnish a continuous supply of timber Indian tribal governments or preempt regulations at 5 CFR part 1320 do not for the use and necessities of citizens of tribal law. apply. the United States.’’ Authorizes the Secretary of Agriculture to ‘‘make such No Takings Implications Forest Service Manual rules and regulations . . . to preserve This proposed directive has been The Forest Service is seeking the [national] forests from destruction.’’ analyzed in accordance with the comment on the proposed policy being 2. Weeks Act, as amended (at 16 principles and criteria contained in established in Forest Service Manual U.S.C. 515, 552). Authorizes the Executive Order 12630, Governmental 2020 as follows: Secretary of Agriculture to enter into Actions and Interference with agreements with States for the purpose Constitutionally Protected Property Chapter 2020—Ecological Restoration of conserving forests and water supply, Rights, and it has been determined that FSM 2020 provides foundational and to acquire forested, cutover, or the proposed directive does not pose the policy when ecological restoration is denuded lands within the watersheds of risk of a taking of protected private employed to manage National Forest navigable streams to protect the flow of property. System lands. This directive reaches these streams or for the production of

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timber, with the consent of the State in sustained yield of the several products ‘‘productive and enjoyable harmony which the land lies. and services obtained therefrom. between humans and their 3. Knutson-Vandenberg Act (16 U.S.C. Multiple use means the management of environment,’’ and fulfill the social, at 576b). Specifies that the Secretary all the various renewable surface economic, and other requirements of may require any purchaser of national resources of the national forests in the present and future generations of forest timber to make deposits of money combination that will best meet the Americans. The Act requires agencies in addition to the payments for the needs of the American people; proposing major federal actions timber, to cover costs incurred to the providing for periodic adjustments in significantly affecting the quality of the United States. These costs include use to conform to changing needs and human environment to prepare a planting, sowing with tree seeds, and conditions; and harmonious and detailed statement on the environmental cutting, destroying, or otherwise coordinated management of the impacts of the proposed action, removing undesirable trees or other resources without impairment of the unavoidable adverse environmental growth, on the national forest land cut productivity of the land. Sustained yield impacts, alternatives to the action over by the purchaser. The monies are of the several products and services proposed, the relationship between used to improve the future stand of means achieving and maintaining in local short-term uses of the environment timber, or to protect and to improve the perpetuity a high-level annual or regular and the maintenance and enhancement future productivity of the renewable periodic output of renewable resources of long-term productivity, and any resources of the forest land in such sale without impairment of the productivity irreversible and irretrievable area. of the land. commitments of resources which would 4. Anderson-Mansfield Reforestation 8. Wilderness Act (16 U.S.C. 1131 et be involved if the proposed action is and Revegetation Joint Resolution Act of seq.). Requires the Secretary of implemented. The Act also provides 1949 (at 16 U.S.C. 581j and 581 j(note)). Agriculture to administer certain that for any proposal which involves States the policy of the Congress to congressionally designated National unresolved conflicts concerning accelerate and provide a continuing Forest System lands as wilderness. The alternative uses of available resources, basis for the needed reforestation and Act directs the protection and an agency must study, develop, and revegetation of national forest lands and preservation of wilderness areas in their describe appropriate alternatives to other lands under Forest Service natural state, primarily affected by recommended courses of action. administration or control, for the nature and not man’s actions. The Act 11. Endangered Species Act of 1973 purpose of obtaining stated benefits allows certain management actions that (16 U.S.C. 1531–1544, as amended). (timber, forage, watershed protection, would otherwise be prohibited in States its purposes are to provide a and benefits to local communities) from wilderness ‘‘as necessary to meet means whereby the ecosystems upon the national forests. minimum requirements for the which endangered species and 5. Granger-Thye Act (16 U.S.C. at administration of the area for the threatened species depend may be 580g–h). Section 12 authorizes the purpose of the Act,’’ and also provides conserved, and provide a program for Secretary to use a portion of grazing fees that ‘‘such measures may be taken as the conservation of such endangered for range improvement projects on NFS may be necessary in the control of fire, species and threatened species. Federal lands. Among the specific types of insects, and diseases, subject to such agencies are to use their authorities in projects mentioned are artificial conditions as the Secretary deems furtherance of the purposes of the ESA revegetation, including the collection or desirable.’’ 16 U.S.C. 1133 (c),(d). by carrying out programs for the purchase of necessary seed and 9. Wild and Scenic Rivers Act (16 conservation of threatened and eradication of poisonous plants and U.S.C. 1271–1287). Establishes the endangered species. Under the Act, noxious weeds, in order to protect or National Wild and Scenic Rivers ‘‘conserve’’ means to use methods and improve the future productivity of the System, and policy for managing procedures necessary to bring any range (16 USC 580h). Section 11 of the designated rivers and designating endangered or threatened species to the Act authorizes the use of funds for additions to the system. The Act point at which the measures provided certain types of rangeland improvement prescribes for designated rivers and under the Endangered Species Act are projects outside of NFS lands under their immediate environments the no longer necessary. Federal agencies certain circumstances (16 USC 580g). protection and enhancement of their must also ensure that their actions are 6. Sikes Act (16 U.S.C. at 670g). free-flowing character, water quality, not likely to jeopardize threatened or Section 201 directs the Secretary of and outstandingly remarkable scenic, endangered species or result in the Agriculture, in cooperation with State recreational, geologic, fish and wildlife, destruction or adverse modification of agencies, to plan, develop, maintain, historic, cultural, or other similar critical habitat designated for them. coordinate, and implement programs for values. Streams eligible for inclusion in 12. Magnuson-Stevens Fishery the conservation and rehabilitation of the system must be in free-flowing Conservation and Management Act of wildlife, fish, and game species. Such condition or have been restored to this 2006 (16 U.S.C. 1855, as amended). programs include specific habitat condition. The Act authorizes the States each Federal agency shall consult improvement projects on public land Secretary of Agriculture to plan for, with the Secretary of Commerce with under the Secretary’s jurisdiction. protect, and manage river resources, and respect to any action authorized, 7. Multiple-Use Sustained-Yield Act take such actions as necessary to protect funded, or undertaken, or proposed to of 1960 (16 U.S.C. 528–531). States that rivers in accordance with the act, be authorized, funded or undertaken by the National Forests are to be including cooperating with EPA and the such agency that may adversely affect administered for outdoor recreation, appropriate State water pollution essential fish habitat identified under range, timber, watershed, and wildlife control agencies for the purpose of this Act. Essential fish habitats are those and fish purposes, and adds that the eliminating or diminishing the pollution waters and substrates necessary to establishment and maintenance of of waters. federally managed fish for spawning, wilderness areas are consistent with this 10. National Environmental Policy breeding, feeding, or growth to maturity. Act. This Act directs the Secretary to Act of 1969 (NEPA) (16 U.S.C. 4321 et 13. Forest and Rangeland Renewable manage renewable surface resources of seq.). Declares it is the policy of the Resources Planning Act (RPA) of 1974, the national forests for multiple use and Federal Government to encourage a as amended by National Forest

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Management Act (NFMA) of 1976 (16 consistent with the mission of such 3. Executive Order 11988 issued May U.S.C. 1600–1614, 472a). States that the agency and existing statutory 24, 1977. Floodplain management (42 development and administration of the authorities. FR 26951 (May 25, 1977)). This order renewable resources of the National 17. Healthy Forests Restoration Act requires that each agency shall provide Forest System are to be in full accord (HFRA) of 2003 (16 U.S.C. 6501–6591). leadership and take action to: with the concepts for multiple use and Provides processes for developing and a. Minimize adverse impacts sustained yield of products and services implementing hazardous fuel reduction associated with the occupancy and as set forth in the Multiple-Use projects on certain types of ‘‘at-risk’’ modification of flood plains and reduce Sustained-Yield Act of 1960. Establishes National Forest System and Bureau of risks of flood loss; the policy of the Congress that all Land Management (BLM) lands, and b. Minimize impact of floods on forested lands in the National Forest also provides other authorities and human safety, health, and welfare; and System be maintained in appropriate direction to help reduce hazardous fuels c. Restore and preserve the natural forest cover with species of trees, degree and protect, restore, and enhance and beneficial values served by of stocking, rate of growth, and stand healthy forest and rangeland floodplains. conditions designed to secure the ecosystems. 4. Executive Order 11990 issued May maximum benefits of multiple use 18. Stewardship End Result 24, 1977. Protection of wetlands. (42 FR sustained yield management in Contracting Projects (16 U.S.C. 2104 26961, May 25, 1977). This order accordance with land management (note)). Grants the Bureau of Land requires each agency to take action to plans. It sets forth the requirements for Management (BLM) and the Forest minimize destruction, loss, or land and resource management plans for Service ten-year authority (to September degradation of wetlands and to preserve units of the National Forest System, 30, 2013) to enter into stewardship and enhance the natural and beneficial including requiring guidelines to contracts or agreements to achieve values of wetlands. provide for the diversity of plant and agency land management goals and 5. Executive Order 13112 issued animal communities based on the meet community needs. February 3, 1999. Invasive Species. (64 suitability and capability of the specific 19. Tribal Forest Protection Act of FR 6183 (February 8, 1999)). This order land area and within multiple use 2004 (25 U.S.C. 3115a). Authorizes the requires Federal agencies whose actions objectives. Secretary of Agriculture and the may affect the status of invasive species 14. Clean Water Act (33 U.S.C. 1251, Secretary of the Interior to enter into an to, among other things, respond to and 1254, 1323, 1324, 1329, 1342, 1344). agreement or contract with Indian tribes control populations of invasive species Amends the Federal Water Pollution meeting certain criteria to carry out and provide for restoration of native Control Act of 1972. The objective of the projects to protect Indian forest land or species and habitat conditions in Act is to ‘‘restore and maintain the rangeland, including projects to restore ecosystems that have been invaded by chemical, physical, and biological Federal land that borders on or is non-native invasive species. integrity of the Nation’s waters.’’ adjacent to Indian forest land or Section 313 emphasizes Federal agency rangeland. 2020.2—Objective compliance with Federal, State, and The objectives of the Forest Service 2020.12—Executive Orders local substantive and procedural Ecological Restoration policy are to: requirements related to the control and Principal Executive orders relevant to 1. Reestablish and retain ecological abatement of pollution to the same ecological restoration are listed below. integrity of National Forest System extent as required of nongovernmental 1. Executive Order 11514 issued ecosystems and associated resources to entities. (33 U.S.C. 1323.) March 5, 1970, as amended by E.O. achieve ecological sustainability and 15. Clean Air Act (42 U.S.C. 7401, 11991, issued May 24, 1977. Protection provide a broad range of ecosystem 7418, 7470. 7472, 7474, 7475, 7491, and enhancement of environmental services. 7506, 7602). Section 169 A establishes quality (35 FR 4247, March 7, 1970; 42 2. Restore and maintain resilient a national goal to prevent any future, FR 26967, May 25, 1977). This order ecosystems that will have greater and remedy any existing, visibility states that the Federal Government shall capacity to withstand stressors and impairment in certain wilderness areas provide leadership in protecting and recover from disturbances, especially the Forest Service manages (42 U.S.C. enhancing the quality of the Nation’s those under changing and uncertain 7491). It also directs the Forest Service environment to sustain and enrich environmental conditions and extreme as a Federal land manager to protect air human life. This order provides for weather events. quality related values from man-made monitoring, evaluation, and control on a air pollution in these same areas. continuing basis of the activities of each 2020.3—Policy Section 118 obligates the Forest Service Federal agency so as to protect and 1. All resource management programs to comply with the Act’s many enhance the quality of the environment. have a responsibility for ecological provisions regarding abatement of air 2. Executive Order 11644 issued restoration including, but not limited to, pollution to the same extent as any February 8, 1972. Use of off-road management of vegetation, water, nongovernmental entity (42 U.S.C. vehicles on the public lands. (37 FR wildland fire, fish, wildlife, and 7418). 2877, February 9, 1972). Amended by recreation. Management activities may 16. North American Wetland E.O. 11989 issued May 24, 1977 and range from monitoring resource Conservation Act (16 U.S.C. 4401 (note), E.O. 12608 issued September 9, 1987. conditions to manipulating terrestrial 4401–4413, 16 U.S.C. 669b (note)). These orders require Federal agencies to and aquatic ecosystems to assist in their Section 9 (U.S.C. 4408) directs Federal develop and implement procedures that recovery from the impacts of human land managing agencies to cooperate will ensure that the use of off-road uses. with the Director of the U.S. Fish and vehicles on public lands will be 2. Strategic plans, including the Wildlife Service to restore, protect, and controlled and directed so as to protect Forest Service Strategic plan, land and enhance the wetland ecosystems and the resources of those lands, to promote resource management plans, and area other habitats for migratory birds, fish the safety of all users of those lands, and plans should include ecological and wildlife within the lands and to minimize conflicts among the various restoration goals and objectives to re- waters of each agency to the extent uses of those lands. establish ecological integrity and

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maintain the adaptive capacity of effectively achieving ecological 3. Coordinating with counterparts in ecosystems. Goals and objectives must restoration goals. other Federal agencies; State, county, be established within the framework and Tribal governments; private 2020.4—Responsibility defined by laws; Indian treaties and industry; and the public when Tribal values and desires; regulations; 2020.41—Chief developing and implementing public values and desires; natural range The Chief: ecological restoration programs and of variation (NRV); current and likely 1. Retains overall authority over and activities. future ecological capabilities; a range of responsibility for establishing national 4. Delegating to forest and national climate and other environmental change policy for ecological restoration of grassland supervisors the authority to projections; the best available scientific disturbed sites and degraded restore National Forest System lands. information; and technical and ecosystems. 2020.45—Forest and Grassland economic feasibility to achieve desired 2. Promotes cooperation and Supervisors conditions for National Forest System coordination between the Forest Service lands. Guidance and procedures for and other Federal agencies; State, Tribal Forest and Grassland supervisors are assessing ecological integrity and and local governments; industry; responsible for: establishing goals and objectives for partners; and the public for the 1. Implementing forest and grassland ecological restoration are included in development of restoration objectives. programs consistent with national and Forest Service Handbook 1909.12, 3. Provides leadership across deputy regional policy for ecological chapter 40. The directives for areas to ensure the application of restoration. implementing the 2012 Land and restoration, climate change, and risk 2. Ensuring ecological restoration is Resource Management Planning Rule management science is integrated into considered and integrated, as are being revised to include direction all Forest Service program areas. appropriate, into forest and grassland for ecological restoration consistent programs and the land management with the new planning rule. 2020.42—Deputy Chief for National plan. 3. Ecological restoration activities Forest System (NFS) 3. Coordinating with counterparts in should be planned, authorized, The Deputy Chief, NFS, is delegated other Federal agencies; State, county, implemented, monitored, and evaluated the authority and responsibility for and Tribal governments; private within the context of the NRV, current restoration of NFS lands in conformance industry; and the public when planning and desired conditions, and the with applicable Federal law, regulation, and implementing ecological restoration potential for future changes in and policy. The Deputy Chief provides programs. environmental conditions due to coordination across NFS program areas 2020.46—District Ranger climate change and human uses. Some to ensure integrated and complementary ecosystems may be damaged to such an program delivery. Authorities not District rangers are responsible for extent that restoration may not be delegated in the following sections to development and approval of ecological ecologically or economically possible. the regional foresters, forest and restoration projects and to ensure they Where an environment has been grassland supervisors, and district are consistent with national, regional, irreversibly altered, restoration goals rangers are reserved to the Deputy Chief, and forest policies. and activities will need to be adjusted NFS. accordingly to management ecosystems 2020.5—Definitions so that they are sustainable. 2020.43—Washington Office Staff Adaptive capacity. The ability of 4. Where appropriate, ecological Directors ecosystems to respond, cope or adapt to restoration should be integrated into All Washington Office staff directors disturbances and stressors, including resource management programs and are delegated authority by the Chief and environmental change, to maintain projects to achieve complementary or deputy chiefs to plan, develop, options for future generations. synergistic results. Primary elements of administer, monitor, and evaluate Adaptation includes, but is not limited an integrated approach are assigned programs. In carrying out this to, maintaining primary productivity identification and elimination or authority as it relates to strategic and basic ecological functions such as reduction of stressors that degrade or planning, staff directors shall be hydrologic and nutrient cycling. impair ecological integrity. An responsible for developing, executing, Adaption occurs primarily by organisms integrated approach includes, where monitoring, reporting, and overseeing altering their interactions with the appropriate, taking actions that ensure their program and activity areas physical environment and other long-term resilience even though there incorporating, where appropriate, organisms. As applied to ecological may be localized short-term adverse specific integrated ecological restoration systems, adaptive capacity is effects. policies and principles consistent with determined by: 5. Resource managers shall consider the authorities described in detail in 1. Genetic diversity within species in collaboration across ownerships and their specific program titles, chapters, ecosystems, allowing for selection of jurisdictions to develop and achieve and sections of the Forest Service individuals with traits adapted to landscape-scale restoration objectives. Manual. changing environmental conditions. Collaboration must include public 2. Biodiversity within the ecosystem, involvement and consultation with 2020.44—Regional Forester both in terms of species richness and Indian Tribes to effectively achieve Regional foresters are responsible for: relative abundance, which contributes restoration objectives. 1. Establishing regional policy for to functional redundancies. 6. Within existing authorities, revenue ecological restoration consistent with 3. The heterogeneity and integrity of from commercial uses of natural national policy. ecosystems occurring as mosaics within resources may be used to help fund 2. Establishing direction and policy to broader-scaled landscapes or biomes, restoration activities. ensure ecological restoration is making it more likely that some areas 7. Adaptive management, monitoring, integrated into regional programs and will escape disturbance and serve as and evaluation are essential for land management plans. source areas for re-colonization.

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Adaptive management. A system of interchange between populations; and Stressors. Factors that may directly or management practices based on clearly the long distance range shifts of species, indirectly degrade or impair ecosystem identified intended outcomes and such as in response to climate change. composition, ecosystem structure or monitoring to determine if management Ecosystem services. Benefits people ecological processes in a manner that actions are meeting those outcomes, obtain from ecosystems, including: may impair its ecological integrity, such and, if not, to facilitate management Provisioning services—such as clean as an invasive species, loss of changes that will best ensure that those air and fresh water, as well as energy, connectivity, or the disruption of a outcomes are met or re-evaluated. fuel, forage, fiber, and minerals; natural disturbance regime. Adaptive management stems from the Regulating services—such as long- Sustainability. The capability to meet recognition that knowledge about term storage of carbon; climate the needs of the present generation natural resource systems is sometimes regulation; water filtration, purification, without compromising the ability of uncertain. and storage;soil stabilization; flood future generations to meet their needs. Disturbance. Any relatively discrete control, and disease regulation; Ecological sustainability refers to the event in time that disrupts ecosystem, Supporting services—such as capability of ecosystems to maintain watershed, community, or species pollination, seed dispersal, soil ecological integrity. population structure and/or function formation, and nutrient cycling; and Dated: September 6, 2013. and changes resources, substrate Cultural services—such as availability, or the physical Thomas L. Tidwell, educational, aesthetic, spiritual, and Chief, Forest Service. environment. cultural heritage values, recreational [FR Doc. 2013–22149 Filed 9–11–13; 8:45 am] Disturbance regime. A description of experiences, and tourism opportunities. the characteristic types of disturbance Landscape. A defined area BILLING CODE 3410–11–P on a given landscape; the frequency, irrespective of ownership or other severity, and size distribution of these artificial boundaries, such as a spatial DEPARTMENT OF AGRICULTURE characteristic disturbance types; and mosaic of terrestrial and aquatic their interactions. ecosystems, landforms, and plant Ecological restoration. See National Agricultural Statistics Service communities, repeated in similar form Restoration. throughout such a defined area. Notice of Intent To Request Revision Ecological Integrity. The quality or and Extension of a Currently Approved condition of an ecosystem when its Natural range of variation (NRV). Information Collection dominant ecological characteristics (for Spatial and temporal variation in ecosystem characteristics under historic example, composition, structure, AGENCY: disturbance regimes during a reference National Agricultural Statistics function, connectivity, and species Service, Department of Agriculture. composition and diversity) occur within period. The reference period considered should be sufficiently long to include ACTION: Notice and request for the NRV and can withstand and recover comments. from most perturbations imposed by the full range of variation produced by dominant natural disturbance regimes, natural environmental dynamics or SUMMARY: In accordance with the often several centuries, for such human influence. Paperwork Reduction Act of 1995, this disturbances as fire and flooding and Ecosystem. A spatially explicit, notice announces the intention of the should also include short-term variation relatively homogeneous unit of the National Agricultural Statistics Service and cycles in climate. ‘‘Natural range of Earth that includes all interacting (NASS) to request revision and variation’’ (NRV) is a term used organisms and elements of the abiotic extension of a currently approved synonymously with historic range of environment within its boundaries. An information collection, the Cotton variation or range of natural variation. ecosystem is commonly described in Ginning Survey. Revision to burden The NRV is a tool for assessing terms of its: hours will be needed due to changes in ecological integrity, and does not (1) Composition. The biological the size of the target population, necessarily constitute a management elements within the different levels of sampling design, and/or questionnaire target or desired condition. The NRV biological organizations, from genes and length. species to communities and ecosystems. can help identify key structural, (2) Structure. The organization and functional, compositional, and DATES: Comments on this notice must be physical arrangement of biological connectivity characteristics, for which received by November 12, 2013 to be elements such as snags and down plan components may be important for assured of consideration. woody debris, vertical and horizontal either maintenance or restoration of ADDRESSES: You may submit comments, distribution of vegetation, stream habitat such ecological conditions. identified by docket number 0535–0220, complexity, landscape pattern, and Resilience. The capability of an by any of the following methods: connectivity. ecosystem to endure disturbances and • Email: [email protected]. (3) Function. Ecological processes, retain its structure and functions; the Include docket number above in the such as energy flow; nutrient cycling capacity of an ecosystem, which is subject line of the message. and retention; soil development and subject to disturbance or change, to • Fax: (202) 720–6396. retention; predation and herbivory; and reorganize and renew itself. • Mail: Mail any paper, disk, or CD– natural disturbances such as wind, fire, Restoration. The process of assisting ROM submissions to: David Hancock, and floods. the recovery of an ecosystem that has NASS Clearance Officer, U.S. (4) Connectivity. Ecological been degraded, damaged, or destroyed. Department of Agriculture, Room 5336 conditions that exist at several spatial Ecological restoration focuses on South Building, 1400 Independence and temporal scales that provide reestablishing the composition, Avenue SW., Washington, DC 20250– landscape linkages that permit the structure, pattern, and ecological 2024. exchange of flow, sediments, and processes necessary to facilitate • Hand Delivery/Courier: Hand nutrients; the daily and seasonal terrestrial and aquatic ecosystem deliver to: David Hancock, NASS movements of animals within home sustainability, resilience, and health Clearance Officer, U.S. Department of ranges; the dispersal and genetic under current and future conditions. Agriculture, Room 5336 South Building,

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