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USDA/FS

RIN: 0596-AC49

Publication ID: Spring 2008

Title: Forest Service National Environmental Policy Act Procedures
Abstract: This rule gives Forest Service National Environmental Policy Act (NEPA) Procedures more visibility, consistent with the transparent nature of the Agency's environmental analysis and decisionmaking. Also, additions to the Forest Service NEPA procedures in this rule are intended to provide an environmental analysis process that better fits with modern thinking on decisionmaking, collaboration, and adaptive management to meet the intent of NEPA by describing a process for incremental alternative development and development of adaptive management alternatives. Previously, Forest Service NEPA procedures and agency guidance were combined in FSH 1909.15. Making changes to agency NEPA guidance in the Handbook previously involved consultation with CEQ pursuant to 40 CFR 1507.3 because the Handbook does not differentiate between NEPA guidance and procedures. This was time-consuming for both agencies when updating simple guidance. Having agency NEPA procedures in the CFR, separate from internal guidance, will streamline the agency process for maintaining that internal guidance. General NEPA guidance and internal processes will continue to be set out in the FSH 1909.15 Handbook. Since the last major update of Forest Service NEPA policy in 1992, CEQ has issued guidance concerning emergency alternative arrangements under NEPA; guidance on preparing focused, concise, and timely environmental assessments; and guidance on consideration of past actions in cumulative effects analysis. The Agency incorporated this guidance in its regulation. The rule also incorporates concepts that are currently used, but for which there have been no explicit provisions in procedures. Specifically, these changes: -- Clarify actions subject to NEPA by summarizing the relevant CEQ regulations in one place. -- Recognize agency obligations to take immediate emergency responses and emphasize the options available for subsequent proposals to address actions related to the emergency when normal NEPA processes are not possible. -- Incorporate CEQ guidance language regarding what past actions are relevant and useful to a cumulative effects analysis. -- Clarify that an alternative(s), including the proposed action, may be modified through an incremental process. -- Clarify that adaptive management strategies may be incorporated into an alternative(s), including the proposed action. -- Incorporate CEQ guidance that states environmental assessments (EAs) need only analyze alternatives to the proposed action if there are no unresolved conflicts concerning alterative uses of available resources. The CEQ was consulted on the proposed and final rule to ensure the rule is in compliance with NEPA and the CEQ regulations. The draft NEPA procedures were published in the Federal Register on August 16, 2007, for a 60-day comment period. The Agency received 10,975 responses, consisting of letters, e-mails, web based submissions, and faxes. Of those, approximately 200 contained original substantive comments; the remaining responses were organized response campaign (form) letters. Comments were received from the public, from within the Agency, and from other agencies. The Department considered all the comments and made a number of adjustments to the rule in response. While most of the adjustments were editorial in nature to improve clarity, the following substantive changes were made: Schedule of Proposed Actions was added to the definitions and largely removed from the procedures because most of the language was guidance and more appropriate to the Forest Service Handbook; Preliminary Environmental Impact Statement was deleted from the definitions and procedures due to confusion surrounding intent and perceived requirements; A sentence was added to the categories requiring a project file and decision memo to the effect that a plan approval document required by 36 CFR 219.7 satisfies the decision memo requirements of this part. One class of actions normally requiring an EIS, Other proposals to take major Federal actions that may significantly affect the quality of the human environment was removed because it was not a class of actions and such actions would always require an EIS. A provision for optionally describing the effects of no action in an EIS was removed because of confusion surrounding perceived requirements and perceived conflicts with CEQ regulations.
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 220
Legal Authority: 40 CFR 1507.3

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/16/2007	72 FR 45998
NPRM Comment Period End	10/15/2007
Final Action	05/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.fs.fed.us/emc/nepa	Public Comment URL: nepa_procedures/index.htm
RIN Data Printed in the FR: No
Agency Contact: Michael McGee Regulatory Analyst Department of Agriculture Forest Service MS 1134, ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW, Washington, DC 20250-0003 Phone:202 205-2601 Fax:202 260-6539 Email: mmcgee01@fs.fed.us