View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

USDA/FS

RIN: 0596-AC45

Publication ID: Fall 2008

Title: Forest Service Renewable Resources Handbook (2409.19), Chapter 60, Stewardship Contracting
Abstract: The Tribal Forest Protection Act (Pub. L. 108-278) authorizes the Secretaries of Agriculture and Interior to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land. Upon request from an Indian tribe, the Secretary may issue public notice of initiation of any necessary environmental review or of the potential of entering into an agreement or contract with the Indian tribe. It authorizes the appropriate secretary to enter into such an agreement or contract following completion of any necessary environmental analysis. A task group was formed in September 2004 to prepare Forest Service policy for implementation of the TFPA. An Interim Directive was issued in December 2005. A Federal Register notice to review and comment on the Interim Directive was published in December 2006. A second Interim Directive was published in May 2007, to give the agency time to work with the policy before the policy is finalized. The second Interim Directive is in effect through November 2008. TFPA guidance was included in the Stewardship Contracting chapter due to the similarities and general goals of Stewardship Contracting and the TFPA. The Act refers to stewardship contracting and it is anticipated that most projects will use Stewardship Contracting. The agency consulted with tribes on the draft policy and received comments from 13 tribes and tribal organizations. Most of the comments addressed the definition of bordering or adjacent; clarification of the decision making responsibilities; and the section on contracting types. The agency then published the interim directive in the Federal Register for public comment. Comments were received from four tribes, one tribal organization and Federal organization (BIA). Some of the same tribes and the tribal organization submitted the same comments that were submitted during the consultation with tribes. The comments, again, focused on the definition of bordering or adjacent; clarification of the decision making responsibilities and the section on contracting types. The comments received are currently being analyzed and will be addressed in the final directive. The Agency is consulting with the Office of General Counsel on reviewing the comments and will assist with advice on what changes can be made to the draft policy from the comments received. Using the direction in the Interim Directive, the Agency has approved seven proposals and has several proposals under review. Six of the proposals are for fuels reduction and restoration. One is for resource protection, including aquatic resources and streams. The proposals under review are similar in scope. Only one proposal has been denied, and that proposal is being appealed to the Chief. In general, the current draft policy is working well for the agency.
Agency: Department of Agriculture(USDA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 108-278

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Directive (ID); Request for Comment	12/26/2006	71 FR 77360
ID Reissued With No Change	05/08/2007
Final Directive	10/21/2008	73 FR 62463

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Lorrie Parker Regulatory Analyst Department of Agriculture Forest Service ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW, Washington, DC 20250-0003 Phone:202 205-6560 Fax:202 205-6539 Email: lsparker@fs.fed.us