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USDA/FS RIN: 0596-AD27 Publication ID: Fall 2016 
Title: Mitigation for Adverse Impacts (Rule) 

Executive Order 13604, March 2012, entitled Improving Performance of Federal Permitting and Review of Infrastructure Projects, promotes development of mitigation strategies to streamline approaches to off-set the impacts of land and water-disturbing activities on federal lands. In November 2015, a Presidential Memorandum on Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment was released that called on the Forest Service and other federal agencies to adopt regulations addressing comprehensive mitigation.

The proposed regulation establishes a framework for developing and implementing a consistent approach to landscape-scale mitigation across the national forests and grasslands. The goal is to provide standardized understanding and interpretation of existing policies, regulations, and statuary authorities and promote consistency in their application. This regulation helps promote a framework that allows the Forest Service to participate in interagency efforts on landscape scale mitigation across property boundaries, including compensatory mitigation, and to accomplish these goals both internally and by working with public and private partners. Examples of potential opportunities that the proposed regulation could facilitate include addressing loss of riparian habitat due to development through restoration of other damaged riparian areas or locating forest restoration activities on National Forest System (NFS) lands in response to forest loss sustained on non-NFS lands through other state or federal permitting processes.

Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 224   
Legal Authority: Organic Administration Act, 16 U.S.C. 551    Multiple Use - Sustained Yield Act, 16 U.S.C. 528    Cooperative Funds Act, 16 U.S.C. 498, et seq.    Granger-Thye Act, 16 U.S.C. 572, et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2016 
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:
Earnest Rawles
Department of Agriculture
Forest Service
1400 Independence Avenue SW.,
Washington, DC 20250
Phone:202 205-2601