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USDA/FS

RIN: 0596-AC94

Publication ID: Spring 2011

Title: National Forest System Land Management Planning
Abstract: The Forest Service is proposing to provide notice and comment on a new planning rule. In so doing, the Forest Service plans to correct deficiencies that have been identified over two decades of forest planning and update planning procedures to reflect contemporary collaborative planning practices. The goal is to develop a new rule that improves the planning process, decisionmaking, and the legal defensibility of land management plans by November 2011. The Forest Service is required to issue regulation for National Forest System land management planning under 16 U.S.C. 1604. The first planning rule was adopted in 1979 and amended in 1982. The Forest Service published a new planning rule on April 21, 2008 (73 FR 21468). On June 30, 2009, the United States District Court for the Northern District of California invalidated the Forest Service's 2008 Planning Rule published at 36 CFR 219 based on violations of NEPA and ESA in the rulemaking process. The District Court vacated the 2008 Rule, enjoined the USDA from further implementing it, and remanded it to the USDA for further proceedings. The Department has determined that the 2000 planning rule is now in effect, including its transition provisions as amended in 2002 and 2003 and as clarified by interpretative rules issued in 2001 and 2004, which allows the use the provisions of the 1982 planning rule to amend or revise plans. The Agency is now in the 2000 planning rule transition period.
Agency: Department of Agriculture(USDA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 36 CFR 219, subpart A (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 USC 301 16 USC 1604, 1613

Legal Deadline: None

Timetable:

Action	Date	FR Cite
ANPRM	12/18/2009	74 FR 67165
ANPRM Comment Period End	02/16/2010
NPRM	02/14/2011	76 FR 8480
NPRM Comment Period End	05/16/2011
Final Action	11/00/2011

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