By Karen Terney
The Forest Service recently completed a draft environmental impact statement for a proposed rule at 36 CFR part 219 to finish rulemaking for the planning rule issued on January 5, 2005, and amended on March 3, 2006 (2005 rule). The planning rule guides development, revision, and amendment of land management plans for units of the National Forest System. This rulemaking is the result of a U.S. district court order dated March 30, 2007, which enjoined the United States Department of Agriculture from implementing and utilizing the 2005 planning rule (70 FR 1022) until it complies with the court's order regarding compliance with the National Environmental Policy Act, the Endangered Species Act, and the Administrative Procedure Act (APA) (Citizens for Better Forestry et al. v.
USDA, C.A. C05-1144 (N. D. Cal.)).
The proposed planning rule is essentially identical to the 2005 rule as published in the Federal Register on January 5, 2005 (70 FR 1022), and amended on March 3, 2006 (71 FR 10837). The proposed rule only differs from the 2005 final rule in the effective date and the end of the transition period at §219.14.
The draft environmental impact statement is available for review online along with a pre-publication copy of the proposed rule at www.fs.fed.us/emc/nfma/2007_planning_rule.html.
Comment periods for the proposed rule and on the draft environmental impact statement are combined and will run for 60 days following publication of the proposed rule in the Federal Register. The advance copy of the draft environmental impact statement will not identify a comment period end date.
Once the proposed rule is published in the Federal Register, the environmental impact statement will be updated to identify the end of the comment period. The comment period closing date will be below the abstract on page 1 of the draft environmental impact statement. You will also receive a follow-up e-mail announcing the comment period closing date.
UPDATE AUGUST 23, 2007
Karen Terney - Writer/Editor
Ecosystem Management Coordination
202-205-1732
fax 202-205-1012
The proposed Forest Service planning rule is expected to be published in the Federal Register on August 23. Comments are invited on both the proposed rule and the accompanying draft environmental impact statement.
Comments will be accepted until October 22, 2007.
The proposed planning rule, the draft environmental impact statement, and related information is available for your review at www.fs.fed.us/emc/nfma/2007_planning_rule.html.
Comments may be sent to: planningrule@fscomments.org
or to
Planning Rule Comments
P.O. Box 162969
Sacramento, CA 95816-2969 or via facsimile to (916) 456-6724