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USDA/FS

RIN: 0596-AC54

Publication ID: Fall 2008

Title: Sensitive Species and Endangered Species Act Consultation for Land Management Plans (Forest Service Manual 2670)
Abstract: The Forest Service needs to issue an interim directive to clarify sensitive species and Endangered Species Act consultation management with the 2008 Planning Rule prior to the approval of the first Forest Land Management Plan (LMP) under the 2008 National Forest Management Act (NFMA) Planning Rule. The Agency anticipates that the first LMP will be approved in summer of 2008. After consideration of comments, the direction subsequently would be issued in a comprehensive amendment to Forest Service Manual (FSM) 2670. Direction issued to sections FSM 2670.45 and FSM 2670.46 would add responsibilities for those Forest Supervisors and District Rangers who prepare Land Management Plans under the 2008 National Forest Management Act (NFMA) Planning Rule. The interim directive would describe changes necessary because of the different mechanisms and procedures in the 2008 NFMA Planning Rule to accomplish the plant community diversity and other requirements of the NFMA, and because these mechanisms and procedures are intended to implement the 2008 NFMA Planning Rule rather than the 1982 Planning Rule. The new policy would read, "The provisions contained in the FSM 2670 that apply to sensitive species and to conducting a biological evaluation for Land Management Plan (LMP) decisions made under the 2008 Planning Rule, do not apply to that LMP, once the plan is approved." Direction issued to sections FSM 2670.45 and FSM 2670.46 would add responsibilities for those Forest Supervisors and District Rangers who prepare Land Management Plans under the 2008 National Forest Management Act (NFMA) Planning Rule. The change is necessary because, by themselves, such LMPs have no effect on listed species or designated critical habitat under the Endangered Species Act that can be meaningfully identified and evaluated. The new policy would state, "A forest that revises its Land Management Plan (LMP) under the 2008 NFMA Planning Rule is subject to its regulations at 36 CFR 219.10, and to direction in FSM 1921.73, Ecological Evaluation of Sustainability, and Forest Service Handbook 1909.12, Land Management Planning Handbook. As a result, there would be no basis to request an ESA section 7(a)(2) jeopardy consultation on the LMP. In addition, all provisions contained in FSM 2670 that refer to identifying effects of forest plans to endangered and threatened species, to not jeopardizing species, or to using section 7(a)(2) formal consultation, do not apply to the development, amendment, revision, or implementation of LMPs. Collaboration with the United States Fish and Wildlife Service and National Marine Fisheries Service under section 7(a)(1) on LMP programs for the conservation of endangered and threatened species would continue." The proposed changes are expected to provide more effective implementation of the 1982 and 2008 NFMA planning regulations and a better field understanding of applicable policies on these topics.
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: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Proposed Interim Directive	05/30/2008
Interim Directive	08/08/2008	73 FR 46242

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:202 260-6539 Email: lsparker@fs.fed.us