[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Proposed Rules]
[Pages 55522-55529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22638]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 294
RIN 0596-AD37
Special Areas; Roadless Area Conservation; National Forest System
Lands in Alaska
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed rulemaking; request for comment.
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SUMMARY: The United States Department of Agriculture (USDA) is
proposing to exempt the Tongass National Forest from the 2001 Roadless
Area Conservation Rule, which prohibits tree harvest and road
construction/reconstruction within inventoried roadless areas with
certain limited exceptions. In addition, the proposed rule would
provide an administrative procedure for correcting and modifying
inventoried roadless area boundaries on the Chugach National Forest.
The USDA invites written comments on the proposed rule and the draft
environmental impact statement (DEIS). The proposed rule would not
directly authorize any ground-disturbing activities. Substantive
comments received during the comment period will be considered in
developing the final rule and final environmental impact statement
(FEIS). The final rule will be published in the Federal Register.
DATES: Comments must be received in writing by December 16, 2019.
ADDRESSES: Comments may be submitted electronically to www.fs.usda.gov/project/?project=54511. Written comments can be sent hard copy to:
Alaska Roadless Rule, USDA Forest Service, P.O. Box 21628, Juneau,
Alaska 99802-1628. All comments, including names and addresses, are
placed in the record and are available for public inspection and
copying. The public may inspect comments received at www.fs.usda.gov/project/?project=54511.
FOR FURTHER INFORMATION CONTACT: Ken Tu, Interdisciplinary Team Leader,
at 202-403-8991 or [email protected]. Individuals using
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Services at 1-800-877-8339 between 8 a.m. and 8 p.m.
Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
The USDA Forest Service (hereafter Forest Service) manages National
Forest System (NFS) lands to maintain and enhance the quality of the
environment to meet the Nation's current and future needs. Forest
Service land management supports recreation, water, timber, fish,
wildlife, wilderness, aesthetic values and a variety of resource
development activities for current and future generations. As a leader
in natural resource conservation, the Forest Service provides direction
for the management and use of the Nation's forests, rangeland, and
aquatic ecosystems under its jurisdiction.
On January 12, 2001, the USDA promulgated the Roadless Area
Conservation Rule (hereafter 2001 Roadless Rule) (66 FR 3244),
establishing nationwide prohibitions on timber harvest, road
construction, and road reconstruction within inventoried roadless areas
with certain limited exceptions. The intent of the 2001 Roadless Rule
is to provide lasting protection for inventoried roadless areas within
the National Forest System in the context of multiple-use land
management. Based on the State of Alaska's Roadless Rule Petition
(described below) and a review of public comment, USDA analyzed
rulemaking alternatives addressing whether and how the national
prohibitions on timber harvesting, road construction, and road
reconstruction should apply on the Tongass National Forest.
In 2001, the State of Alaska filed a complaint challenging the
USDA's promulgation of the 2001 Roadless Rule and its application in
Alaska. State of
[[Page 55523]]
Alaska v. USDA, A01-039 CV (JKS) (D. Alaska). The USDA and the State of
Alaska reached a settlement in 2003, and the USDA subsequently issued a
rule temporarily exempting the Tongass National Forest from the 2001
Roadless Rule. In 2011, a federal court set aside the Tongass Exemption
and reinstated, with clarifying instructions, the 2001 Roadless Rule on
the Tongass National Forest. The district court's ruling was initially
reversed by a three-judge panel of the Ninth Circuit, but was
ultimately upheld in a 6-5 en banc ruling in 2015. Consequently, the
2001 Roadless Rule (as provided for in the district court's Judgment)
remains in effect in Alaska and the Forest Service continues to apply
the 2001 Roadless Rule to both the Tongass and Chugach National
Forests.
Currently there are over 21.9 million acres of national forest in
the State of Alaska, of which approximately 14.7 million acres (67%)
are considered inventoried roadless areas as defined by the 2001
Roadless Rule, including both the Tongass and Chugach National Forests.
The Tongass National Forest, in particular, is approximately 16.7
million acres of which approximately 9.2 million (55%) acres are
designated inventoried roadless areas. This rulemaking focuses on the
Tongass National Forest roadless areas, along with a boundary
modification and correction provision that would apply to the Chugach
National Forest.
State of Alaska Petition
In January 2018, Governor Bill Walker submitted a petition on
behalf of the State of Alaska to Secretary of Agriculture Sonny Perdue
pursuant to the Administrative Procedure Act. The petition requested
the USDA consider creation of a state-specific rule to exempt the
Tongass National Forest from the 2001 Roadless Rule. In June 2018, the
Secretary of Agriculture agreed to address the State's concerns on
roadless area management and economic development opportunities in
Southeast Alaska through a rulemaking process. The Secretary directed
the Forest Service to begin working with representatives from the State
of Alaska concerning a state-specific roadless rule. On August 2, 2018,
the State of Alaska and the USDA Forest Service signed a memorandum of
understanding concerning the development of the state-specific rule.
The Forest Service initiated its environmental analysis process with
the publication in the Federal Register of a notice of intent to
prepare an environmental impact statement on August 30, 2018 (83 FR
44252).
On September 6, 2018, Governor Walker issued Administrative Order
299 to establish the Alaska Roadless Rule Citizen Advisory Committee
(the Committee) to provide an opportunity for Southeast Alaskans to
advise the State of Alaska on the future management of roadless areas
in the Tongass National Forest. The Committee's report identifies that
it was comprised of 13 members, appointed by Governor Walker, intended
to represent a diversity of perspectives, including Alaska Native
Corporations and tribes, fishing, timber, conservation, tourism,
utilities, mining, transportation, local government, and the Alaska
Division of Forestry. The Committee's specific task was to present a
written report on the rulemaking process to the Governor and State
Forester, which included options for a state-specific roadless rule.
The Committee met for three in-person meetings during the fall of 2018
(October 2-3 in Juneau; October 24-26 in Ketchikan; and November 6-8 in
Sitka). Meetings were open to the public and each meeting included an
opportunity for public comment. The Committee's Report was submitted to
the Governor and State Forester in late November 2018 and
recommendations from the Committee informed the State of Alaska input,
as a cooperating agency, to the Forest Service in the development of
the alternatives. The final Committee report can be found at: http://bit.ly/akroadlessreport.
Proposed Alaska Roadless Rule
The proposed rule exempts the Tongass National Forest from the 2001
Roadless Rule, is responsive to the State of Alaska's petition, and is
based on Alternative 6 of the DEIS. Removing the regulatory designation
of roadless areas on the Tongass National Forest would not authorize
any ground disturbing activities. Instead, the proposed rule would
return decision-making authority to the Forest Service, allowing
decisions concerning timber harvest, road construction, and roadless
area management on the Tongass National Forest to be made by local
officials on a case-by-case basis.
The 2001 Roadless Rule would remain applicable to the Chugach
National Forest. However new administrative provisions for correcting
and modifying inventoried roadless area boundaries would be applied to
the Chugach National Forest to allow for limited adjustments to remedy
clerical errors, improvements in mapping technology, conformance to
statutory changes, or incorporation of changes due to land adjustments.
Rationale for the Proposed Rule
The Secretary of Agriculture has broad authority to protect and
administer the National Forest System through regulation as provided by
the Organic Administration Act of 1897 (the Organic Act), the Multiple-
Use Sustained Yield Act of 1960 (MUSYA), and the National Forest
Management Act of 1976 (NFMA). These statutes provide the Secretary
with discretion to determine the proper uses within any area, including
the appropriate resource emphasis and mix of uses. For decades, USDA
has worked with States, Tribes, local communities and collaborative
groups toward land management solutions for roadless areas. Sometimes
solutions have been found nationally. Sometimes a state-by-state
approach has been the best option. Often, the solutions are found
forest by forest, or even area by area. USDA remains committed to
working closely with States, Tribes, and others toward shared
stewardship of National Forest System lands and resources.
In selecting the proposed rule among the several alternatives
considered, the Department has given substantial weight to the State's
policy preferences as expressed in the incoming Petition. The State's
preference to emphasize rural economic development opportunities is
consistent with the findings of the Interagency Task Force on
Agriculture and Rural Prosperity established by Executive Order 13790
(issued Apr. 25, 2017). See Report to the President of the United
States from the Task Force on Agriculture and Rural Prosperity (Oct.
21, 2017), https://www.usda.gov/sites/default/files/documents/rural-prosperity-report.pdf. USDA recognizes that ensuring rural Americans
can achieve a high quality of life is one of the foundations of
prosperity. See id. at 2, 21-25; see also id. at 26-29, 35-42 (calls to
action for supporting a rural workforce and developing the rural
economy). The State's views on how to balance economic development and
environmental protection offer valuable insight when making management
decisions concerning NFS lands within Alaska.
The USDA is acutely aware of the heightened sense of expectation
concerning adjustments to administration and management of roadless
areas on the Tongass National Forest. See Organized Village of Kake v.
State of Alaska, 795 F.3d 956 (9th Cir 2015) (en banc). USDA's
consideration of whether or how to apply the original 2001 Roadless
Rule on the Tongass National Forest itself substantially evolved during
the 2001 rulemaking,
[[Page 55524]]
culminating in the identification of four different policy preferences
as described in the 2001 final rule, including the alternative proposed
here. See generally 66 FR 3244, 3262-63 (Jan. 12, 2001) (final 2001
Roadless Rule); see id. at 3263 (``The Tongass Exempt alternative did
not apply a national prohibition to the Tongass National Forest. It
allowed road construction and reconstruction on the Tongass to continue
subject to existing land management plan prescriptions. Future
proposals for road activities in inventoried roadless areas would be
considered on a case-by-case basis.''); see id. at 3266 (giving one-
sentence explanation for rejection of Tongass Exempt alternative); id.
at 3254-55 (lengthier discussion). Similarly, the 2003 Tongass
Exemption rulemaking reflected not so much a change of underlying facts
or circumstance but instead reflected a different policy perspective on
the roadless policy question. These sorts of normative policy
preferences and judgments are inherent in the Department's authority to
manage National Forest System lands and resources.
USDA has listened carefully to the many divergent views and
interests concerning the appropriate policy approach for these roadless
areas, and, as is further explained below and in the DEIS, USDA has
considered the factual and normative considerations at issue in past
rulemakings concerning this matter, including the original 2001
Roadless Rule rulemaking, see, e.g., 66 FR at 3254-55, as well as more
recent factual and legal developments. There is broad agreement that
the circumstances of the Tongass National Forest are unique in a number
of respects. The Tongass differs from other national forests with
respect to size, percentage of roadless areas, amount of NFS lands and
dependency of 32 communities on federal lands, among other Alaska- and
Tongass-specific statutory considerations (e.g., the Alaska National
Interest Lands Conservation Act and the Tongass Timber Reform Act).
There is not consensus over how to manage the Forest given those unique
features. The key factual issues (further discussed below and in the
DEIS) are generally well understood by a wide range of stakeholders;
but ultimately these stakeholders' good faith disagreements over
preferred outcomes are rooted in value judgments and normative
preferences.
In part because of such sharply divided policy priorities (for
example, differing value judgments and normative preferences concerning
rural prosperity, competing economic interests, environmental
tradeoffs-), the Department believes that the national rule's one-size-
fits-all approach to roadless area management is not the best approach
for roadless area management on the Tongass National Forest. Instead,
the circumstances of the Tongass National Forest appear to be best
managed through the local planning processes, as is generally true for
forest management pursuant to the Organic Act, MUSYA, and NFMA. The
Forest Service's 40 years of experience with the forest planning system
under NFMA, which includes forest plans subject to periodic review and
adjustment, routinely demonstrates that system's capacity to provide
durable and widely accepted solutions providing for balanced multiple
use and sustained yield of the many goods and services provided by the
National Forest System.
The analysis set out in the DEIS indicates that removal of
regulatory roadless designations and prohibitions on the Tongass
National Forest would not cause a substantial loss of roadless
protection. The proposed rule would effectively bring only 185,000
acres (~2%) out of 9.2 million designated as inventoried roadless areas
on the Tongass National Forest into the set of lands that may be
considered for timber harvest. When examined in 2016, the Forest
Service projected that only 17,000 acres of old-growth and 11,800 acres
of young-growth might be harvested over the next 100 years. That modest
addition of suitable timber lands would allow local managers greater
flexibility in the selection and design of future timber sale areas.
This improved flexibility could, in turn, improve the Forest Service's
ability to offer economic timber sales that better meet the needs of
the timber industry and contribute to rural economies. Despite the
proposed regulatory exemption, the remaining 9 million acres would not
be scheduled or expected to be subject to timber harvest activities. Of
course, any proposed timber harvest or road construction would be
individually reviewed and environmental impacts minimized through the
protective measures set out in the Tongass Forest Plan and other
conservation requirements.
Notably, approximately 3.6 million acres in key watersheds (defined
in the 2016 Forest Plan as Tongass 77 Watersheds and The Nature
Conservancy/Audubon Conservation Areas) are managed for no old-growth
timber harvest, thus minimizing adverse impacts to fisheries. In
addition, the Tongass Timber Reform Act (Pub. L. 101-626, Title II,
Section 201) and the National Defense Authorization Act for Fiscal Year
2015 (Pub. L. 113-291, 128 Stat. 3729, Section 3720(f)) designated
approximately 856,000 acres as Land Use Designation (LUD) II areas,
which are managed in a roadless state to retain their wildland
character.
Aside from the flexibility that would be attained for timber
harvest activities, the proposed exemption would allow forest plan
direction to guide other access needs that support isolated rural
communities in the unique island archipelago environment of the Tongass
National Forest. Specifically, the proposed rule would promote clarity
and remove doubt concerning standards for the construction of roads
that may be needed for access to municipal water and wastewater utility
systems, Alaska Native cultural sites, micro and small timber sales,
aquaculture facilities, and administrative access to designated
experimental forests.
The proposed rule is a deregulatory action, consistent with the
goals of Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs. The proposed rule would create an incremental
reduction in the cost of conducting compliance reviews of permissible
projects proposed in designated inventoried roadless areas on the
Tongass National Forest, thus reducing expenditure of taxpayer dollars.
Though usually prompt, internal compliance reviews can take months to
complete. Although a few months may not represent a substantial burden,
it could impact businesses through additional costs, thus reducing the
attractiveness to investors.
The overarching goal of the proposed rule is to reach a long-term,
durable approach to roadless area management that accommodates the
unique biological, social, and economic situation found in and around
the Tongass National Forest. The proposed rule provides local forest
managers an avenue for a long-term durable approach for managing the
Tongass National Forest, unencumbered by the 2001 Roadless Rule,
through the local forest planning process. The existing Forest Plan and
other conservation measures would continue to provide protections that
allow roadless area values to prevail on the Tongass National Forest.
2016 Tongass National Forest Land and Resource Management Plan
The 2001 Roadless Rule was largely not operational on the Tongass
until 2011, leading to the creation of so called ``roaded roadless''
areas, which are areas designated as inventoried roadless areas by the
2001 Roadless Rule that have been subsequently harvested and/or
[[Page 55525]]
roaded. The Tongass Land and Resource Management Plan (Forest Plan) was
amended in 2008 and again in 2016. Both amendments, particularly the
2016 amendment, substantially accelerated the Forest Service's movement
toward a timber harvest program that would focus on second growth
harvests. While estimating long-term market demand for Tongass timber
is inherently uncertain and there are differences in opinion regarding
long-term forecasts of market demand, the Record of Decision for the
2016 Tongass Forest Plan concluded that 46 million board feet (MMBF) of
timber a year was reasonable, conservative, and based on the best
available information. Subsequent review of the analysis completed for
the Forest Plan indicates that there is no data supporting the
conclusion that circumstances have changed or are likely to change with
regard to the market demand for Tongass timber in the near- or long-
term future due to overall limited competitiveness of Tongass timber in
domestic and export markets. Therefore, the DEIS for the proposed
Alaska Roadless Rule assumes that the harvest levels projected in the
Tongass Forest Plan will remain the same, and that the changes to
roadless area management in any Alaska Roadless Rule will provide more
flexibility for those timber harvest opportunities.
The 2016 Forest Plan (https://www.fs.usda.gov/internet/FSE_DOCUMENTS/fseprd527907.pdf) was the product of an extensive,
collaborative effort with members of the public and the Tongass
Advisory Committee--a committee organized under the Federal Advisory
Committee Act. The proposed Alaska Roadless Rule would not alter the
Forest Plan's management area designations, harvest levels, substantive
requirements (goals, objectives, standards, and guidelines), or the
young-growth transition strategy, except for the administrative changes
noted below concerning suitable lands determinations specifically
issued to implement the 2001 Roadless Rule. Possible impacts from this
rulemaking are discussed in the Regulatory Impact Assessment and DEIS
in terms of the baseline conditions described in the 2016 Forest Plan.
The proposed rule does not change the projected timber sale
quantity or timber demand projections set out in the Tongass Forest
Plan. The Tongass National Forest, in compliance with the Tongass
Timber Reform Act (1990), seeks to provide an annual supply of timber
to meet market demand to the extent consistent with providing for
multiple use and sustained yield of all renewable forest resources, and
other requirements. While projected harvest levels are not expected to
be materially different under any of the alternatives under
consideration, the various alternatives considered in the DEIS for the
roadless rule can influence the potential location or likelihood of
future timber harvesting. In other words, the alternatives examine
different mixes of land areas and timber restrictions that would
incrementally increase management flexibility for how the forest plan's
timber harvest goals can be achieved, but does not fundamentally alter
the plan's underlying goals or projected outcomes.
Relationship of the Proposed Rule to the Forest Plan
The National Forest Management Act of 1976 (NFMA) requires the
Forest Service to develop, maintain and, as appropriate, revise land
and resource management plans (forest plans) for units of the National
Forest System. Forest plans provide a framework for integrated resource
management and for guiding project and activity decision making, but
plans do not authorize projects or activities or commit the Forest
Service to take action. A revised Tongass Forest Plan was issued in
1997, and amended in 2008 and 2016. Forest planning is a distinct and
separate process from USDA's various roadless rulemakings. See Kootenai
Tribe of Idaho v. Veneman, 313 F.2d 1094 (9th Cir. 2002); and State of
Wyoming v. USDA, 661 F.3d 1209 (10th Cir. 2011).
All forest plans must conform to existing laws and regulations as
well as new laws and regulations. See 36 CFR 219.1(f) and 219.13(c).
All of USDA's previous roadless rules, national and state-specific,
have directed that: (1) No amendment or revision of any forest plan was
compelled by promulgation of such rules, (2) subsequent forest planning
decisions could not revise the Secretary's regulatory instructions, and
(3) line officers were to conform project decisions to the prohibitions
and exceptions set forth in the applicable rules. The proposed rule
would continue this approach with one minor exception.
The proposed rule would direct the Tongass Forest Supervisor to
provide notice of an administrative change (36 CFR 219.13(c))
concerning lands that were deemed unsuitable in the 2016 Tongass Forest
Plan (See Tongass Forest Plan, Appendix A: Identification of Lands
Suitable for Timber Production and Limitations on Timber Harvest)
solely due to the application of the 2001 Roadless Rule. Similarly, an
administrative change addressing timber suitability would occur for
other alternatives that alter the underlying assumptions of the 2016
plan's identification of suitable lands. Any such lands would be
appropriately returned to the suitable timber base via the
administrative change provision of the planning regulations. All other
aspects of the Tongass Forest Plan would remain operational under the
proposed rule including the goals, objectives, management
prescriptions, standards, guidelines, projected timber sale quantity,
projected wood sale quantity, and young-growth transition strategy.
This includes standards and guidelines for non-timber resources (for
example, riparian management standards and guidelines, which provide
protection for fisheries with subsistence and commercial importance).
All timber harvest, including any timber harvesting in areas formerly
designated as inventoried roadless areas, would be compelled to adhere
to these resource standards and guidelines (fisheries, water quality,
air, recreation, etc.), thus providing continuation of 2016 Forest Plan
protections under all the regulatory alternatives.
Although the Forest Service has broad discretion during forest plan
revision to modify management direction, any change would need to be
consistent with applicable law, regulation, and policies, including any
final Alaska Roadless Rule. Similarly, the Tongass Timber Reform Act
directs the Forest Service to seek to provide a supply of timber from
the Tongass National Forest that meets annual market demand and the
market demand for each planning cycle to the extent consistent with
providing for the multiple-use and sustained-yield of all renewable
resources and other applicable requirements, including the NFMA. The
current Forest Plan anticipates sufficient timber availability to meet
projected demand as described in the 2016 Tongass Forest Plan Amendment
Final EIS and Record of Decision. In addition, the 2016 Tongass Forest
Plan provides guidance to conduct annual monitoring and review of
current timber demand. Similarly, the Tongass Timber Reform Act
provides for protection of riparian habitats and the multiple use and
sustained yield of all renewable surface resources. Watershed
protection measures, such as riparian buffers and application of
watershed conservation measures, will be provided for during future
plan revisions or amendments in conformance with all applicable laws,
including the Clean Water Act, Magnuson-Stevens Fishery
[[Page 55526]]
Conservation and Management Act, and Alaska's Department of
Environmental Conservation Water Quality Standards.
Alternatives Considered in Detail
In addition to Alternative 6, the proposed rule and preferred
alternative, the DEIS analyzes five other alternatives for managing
roadless areas on the Tongass National Forest. Alternative 1 is the no
action alternative and would result in the continued implementation of
the 2001 Roadless Rule as prescribed in the Alaska District Court's
Judgement. Alternative 2 increases the geographic scope of roadless
area designation by adding an additional 133,000 acres as Alaska
Roadless Areas while removing areas where roadless characteristics have
already been substantially altered, (commonly referred to as ``roaded
roadless'') primarily by road development and/or timber harvest.
Alternative 3 would increase the available land base from which
timber harvest opportunities could occur by making timber harvest, road
construction, and road reconstruction permissible in areas where
roadless characteristics have already been substantially altered and
areas immediately adjacent to existing roads and past harvest areas.
Adjacent areas are considered to be the logical extensions of the
existing road and/or harvest systems, which would remove approximately
376,000 acres from the roadless classification system. The adjacent
areas represent the most likely locations where future timber harvest
could occur and have the least environmental impacts to overall
roadless characteristics while providing for additional timber
opportunities.
Alternative 3 also establishes a Community Priority category which
allows for small-scale timber harvest and associated road construction
and reconstruction. In addition, it allows for infrastructure
development to connect and support local communities, recreation
opportunities, and traditional Alaska Native cultural uses. Alternative
3 also includes the Watershed Priority category, applied to
approximately 3.2 million acres identified in the 2016 Forest Plan as
the Tongass 77 Watersheds and The Nature Conservancy/Audubon
Conservation Priority Areas (T77 and TNC/Audubon Conservation Areas).
Approximately 90% of those 3.2 million acres fall within roadless area
boundaries identified in Alternative 3. To provide heightened balance
and integrity of watershed protections and establish management
continuity across these high priority watersheds, Alternative 3 would
also include a prohibition on old-growth timber harvesting on the
portion of the T77 and TNC/Audubon Conservation Areas that extend
beyond roadless areas boundaries established by Alternative 3.
In addition to the roaded roadless and adjacent areas being removed
from the roadless classification system, approximately 828,000 acres
designated as LUD II areas would be removed from the roadless
classification system in Alternative 3. LUD II areas are statutory land
use designations managed in a roadless state to retain their wildland
character as defined in the Tongass Timber Reform Act (Pub. L. 101-626,
Title II, Section 201) and the National Defense Authorization Act for
Fiscal Year 2015 (Pub. L. 113-291, 128 Stat. 3729, Section 3720(f)).
These areas are proposed for removal from regulatory roadless
classification because having two layers of protection (statutory and
regulatory direction) that are substantially similar but slightly
different does not make a meaningful difference to the level of
protection provided and can create confusion for land managers,
stakeholder groups, and the public. Removal of the LUD II areas from
regulatory roadless classification is an attempt to eliminate that
confusion while remaining consistent with the congressionally
established management regime established for the LUD II areas. The
statutory direction for LUD II areas would remain in place regardless
of which alternative is selected.
Alternative 4 provides additional lands from which timber harvest
opportunities could occur while maintaining protections for areas
designated as roadless and defined in the 2016 Tongass Forest Plan as
Scenic Viewsheds, T77 Watersheds, and The Nature Conservancy/Audubon
Conservation Priority Areas. Additional timber opportunities are
provided by removing approximately 376,000 acres of roaded roadless
areas and adjacent extensions, as described in Alternative 3, from
roadless classification. In addition, timber opportunities are provided
by managing approximately 749,000 acres of Timber Development and
Modified Landscape Land Use Designations, as defined in the 2016
Tongass Forest Plan, in a roadless management category called Timber
Priority, which allows for timber harvest, road construction, and road
reconstruction.
Alternative 4 adds approximately 32,000 acres not included in the
2001 roadless inventory which are designated as LUD II areas. These
areas in addition to the LUD II areas included in the 2001 roadless
inventory amount to about 856,000 total acres that would be managed as
roadless with regulatory direction mirroring the statutory direction.
The remaining 7,252,000 acres of Alaska Roadless Areas in
Alternative 4 would be managed as a roadless management category called
Roadless Priority, which is similar to the 2001 Roadless Rule, but less
restrictive and addresses Alaska-specific concerns for infrastructure
development to connect and support local communities and access to
renewable energy and leasable minerals.
Alternative 5 maximizes the land base from which timber harvest
opportunities could occur by removing 2.3 million acres from roadless
area designation. Taken together, the six alternatives represent the
spectrum of management regimes identified to the Forest Service through
public comments, public meetings, and cooperating agency input.
The table below displays the acreage changes from the 2001 Roadless
Rule to acreages that would be designated under each of the six
alternatives displayed in the DEIS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alternatives
-----------------------------------------------------------------------------------------------
6 Proposed
1 2 3 4 5 rule
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Total Roadless Acres.................................... 9,200,000 9,220,000 8,103,000 8,857,000 6,905,000 0
Roadless Acres Removed.................................. 0 113,000 1,202,000 375,000 2,298,000 9,200,000
Roadless Acres Added.................................... 0 133,000 105,000 32,000 3,000 0
Net Acre Change......................................... 0 20,000 -1,098,000 -343,000 -2,295,000 -9,200,000
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[[Page 55527]]
Public Participation
The August 30, 2018, publication of the notice of intent initiated
a 45-day public comment period. The Forest Service received about
144,000 responses (approximately 32,500 form letters, 110,000 petition
signatures, and 1,400 unique letters). During the comment period, the
Forest Service held 17 public meetings throughout Southeast Alaska,
Anchorage, and Washington, DC. Public comments received during the
comment period and information from the public meetings helped inform
the development of the alternatives to the proposed rule. In addition,
the State of Alaska and six federally-recognized tribes agreed to
participate as cooperating agencies (Angoon Community Association,
Central Council of Tlingit and Haida Indian Tribes of Alaska, Hoonah
Indian Association, Hydaburg Cooperative Association, Organized Village
of Kake, and Organized Village of Kasaan) and provided input on the
DEIS, which informed the development of the alternatives.
The Forest Service invites comments on all aspects of this
rulemaking, including the alternatives analyzed in the DEIS, the
expected economic costs and benefits, and any additional costs and
benefits. Comments received during the 60-day comment period on the
proposed rule and DEIS will be considered in development of a final
rule and supporting analyses. Public meetings are planned to be held
during the 60-day comment period and tentative public meeting locations
include Anchorage, Angoon, Craig, Gustavus, Hoonah, Hydaburg, Juneau,
Kake, Kasaan, Ketchikan, Petersburg, Point Baker, Sitka, Tenakee
Springs, Thorne Bay, Wrangell, Yakutat, and Washington, DC. Additional
information on meeting times and specific locations will be provided
through the project website (www.fs.usda.gov/project/?project=54511)
and local media.
Regulatory Certifications
Regulatory Planning and Review
The Office of Management and Budget (OMB) determined this
rulemaking to be a significant regulatory action as it may raise novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in Executive Order 12866. The
agency has prepared a regulatory requirements analysis of impacts and
discussion of benefits and costs of the proposed rule.
The proposed rule exempting the Tongass National Forest from the
2001 Roadless Rule will provide additional opportunities for timber
harvest and road construction to occur; however, it does not materially
affect the quantity of timber expected to be harvested or the miles of
new roads constructed. As to timber harvest activities, the proposed
rule would increase the flexibility for land managers to locate and
design timber sales. Improved flexibility could, in turn, improve the
Forest Service's ability to offer economic sales that meets timber
industry needs and contribute to rural economies. While many factors
can influence the cost of timber harvest, areas along existing roads or
those using marine access facilities are typically more economically
efficient, followed by areas where existing roads can be easily
extended. The most expensive harvesting costs are associated with areas
without existing road or marine access facilities. Estimated harvest
cost savings (felling, yarding, loading, etc.) range from $1 to $2
million dollars per year depending on the level of harvest (24 MMBF or
one standard deviation less than the average annual harvest on the
Tongass National Forest over the last 16 years or the harvest ceiling
under the 2016 Forest Plan of 46 MMBF).
Cost savings from improved flexibility for timber harvest
activities would accrue alongside other benefits, including reduced
costs for leasable mineral availability, renewable energy development
potential, and potential for development of state roads and other
transportation projects. Cost savings are anticipated to outweigh
estimated lost revenue to outfitters and guides, by a factor of 10
($77,000 travel and guided related expenses), and across all industries
in Southeast Alaska by a factor of 3 ($319,000 in total expenditures
across all recreation industries in Southeast Alaska including
outfitters and guides) from visitors potentially displaced from annual
harvest of suitable young- and old-growth. Expenses incurred by
visitors are not necessarily lost but subject to displacement related
changes. While some businesses may lose revenue if visitors choose not
to travel to Southeast Alaska, others may see increases in revenue if
visitors choose to stay longer or travel to substitute sites within
Southeast Alaska.
Regulatory Flexibility Act and Consideration of Small Entities
The USDA certifies that the proposed rule, if promulgated, will not
have a significant economic impact on a substantial number of small
entities as determined in the Regulatory Flexibility Analysis because
the proposed rule does not directly subject small entities to
regulatory requirements. Therefore, notification to the Small Business
Administration's Chief Council for Advocacy is not required pursuant to
Executive Order 13272. A number of small and large entities may
experience time or money savings as a result of flexibility provided by
the proposed rule, or otherwise benefit from activities on National
Forest System lands under the proposed rule. The agency is interested
in receiving specific input regarding the anticipated effects of the
proposed rule to small businesses.
Paperwork Reduction Act
This proposed rule does not require any additional record keeping,
reporting requirement, or other information collection requirements as
defined in 5 CFR part 1320 that are not already approved for use and,
therefore, imposes no additional paperwork on the public. Accordingly,
the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do
not apply.
Regulatory Risk Assessment
A risk assessment is only required under 7 U.S.C. 2204e for a
``major'' proposed rule, the primary purpose of which is to regulate
issues of human health, human safety, or the environment. The statute
(Pub. L. 103-354, Title III, Section 304) defines ``major'' as any
regulation the Secretary of Agriculture estimates is likely to have an
impact on the economy of the United States of $100 million or more as
measured in 1994 dollars. Economic effects of the proposed rule are
estimated to be less than $100 million per year.
Reducing Regulation and Controlling Regulatory Costs
Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs, issued January 30, 2017, requires significant new
regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least two prior
regulations.
The proposed rule has been reviewed in accordance with Executive
Order 13771 on reducing regulation and controlling regulatory costs and
is considered an Executive Order 13771 deregulatory action.
Federalism
The USDA has considered the proposed rule in context of Executive
Order 13132, Federalism, issued August 4, 1999. The USDA has determined
that the proposed rule conforms with
[[Page 55528]]
Federalism principles set out in Executive Order 13132; would not
impose any compliance costs on any State; and would not have
substantial direct effects on States, on the relationship between the
national government and the State of Alaska or any other State, nor on
the distribution of power and responsibilities among the various levels
of government. Therefore, the USDA concludes that this proposed rule
does not have Federalism implications. The proposed rule is based on a
petition submitted by the State of Alaska under the Administrative
Procedure Act (5 U.S.C. 553(e)) and pursuant to Department of
Agriculture regulations at 7 CFR 1.28. The proposed rule responds to
the State's petition, considers public comment received during the
Forest Service's public scoping process, and considers input received
from cooperating agencies. The State of Alaska is a cooperating agency
pursuant to 40 CFR 1501.6 of the Council on Environmental Quality
regulations for implementing the procedural provisions of the National
Environmental Policy Act.
Consultation With Indian Tribal Governments
On July 30, 2018, the Forest Service initiated government-to-
government consultation with 32 Alaska federally-recognized tribes and
27 Alaska Native corporations, and invited them to participate as
cooperating agencies during the rulemaking process. Six tribes agreed
to become a cooperating agency including Angoon Community Association,
Central Council Tlingit and Haida Indian Tribes of Alaska, Hoonah
Indian Association, Hydaburg Cooperative Association, Organized Village
of Kake, and Organized Village of Kasaan. Biweekly cooperating agency
meetings are occurring that include the six cooperating agency tribal
governments. Furthermore, additional government-to-government
consultations will occur by request of any of the 19 tribal governments
across Southeast Alaska.
The proposed rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. Executive Order 13175 requires Federal
agencies to consult and coordinate with tribes on a government-to-
government basis on policies that have tribal implications, including
regulations, legislative comments or proposed legislation, and other
policy statements or actions that have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
The USDA's Office of Tribal Relations has assessed the impact of
this rule on Indian tribes and determined that this rule has tribal
implications that require continued outreach efforts to determine if
tribal consultation under Executive Order 13175 is required. To date,
as part of their regulatory review process noted above, Forest Service
detailed in their proposed rule various outreach efforts to American
Indian and Alaska Native tribes, villages, and corporations regarding
the development of this proposed rule, and the ongoing tribal
cooperation in this process.
If a tribe requests consultation, Forest Service will work with the
Office of Tribal Relations to ensure meaningful consultation is
provided where changes, additions, and modifications identified herein
are not expressly mandated by Congress.
No Takings Implications
The USDA has considered the proposed rule in context with the
principles and criteria contained in Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, issued March 15, 1988. The USDA has determined that
the proposed rule does not pose the risk of a taking of private
property because it only applies to management of National Forest
System lands and contains exemptions that prevent the taking of
constitutionally protected private property.
Civil Justice Reform
The USDA reviewed the proposed rule in context of Executive Order
12988. The USDA has not identified any State or local laws or
regulations that are in conflict with the proposed rule or would impede
full implementation of the rules. However, if the rule is adopted, (1)
all State and local laws and regulations that conflict with this rule
or would impede full implementation of this rule would be preempted;
(2) no retroactive effect would be given to this rule; and (3) the
proposed rule would not require the use of administrative proceedings
before parties could file suit in court.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), signed into law on March 22, 1995, the USDA has
assessed the effects of the proposed rule on State, local, and Tribal
governments and the private sector. The proposed rule does not compel
the expenditure of $100 million or more by any State, local, or Tribal
government, or anyone in the private sector. Therefore, a statement
under section 202 of the Act is not required.
Energy Effects
The USDA has considered the proposed rule in context of Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use, issued May 18, 2001. The USDA has
determined the proposed rule does not constitute a significant energy
action as defined in Executive Order 13211. Therefore, a statement of
energy effects is not required.
E-Government Act
The USDA is committed to complying with the E-Government Act, to
promote the use of the internet and other information technologies to
provide increased opportunities for citizen access to Government
information and services, and for other purposes.
List of Subject in 36 CFR Part 294
National Forests, Recreation areas, Navigation (air), roadless area
management.
For the reasons set forth in the preamble, the USDA proposes to
amend part 294 of Title 36 of the Code of Federal Regulations by adding
subpart E to read as follows:
PART 294--SPECIAL AREAS
Subpart E--Alaska Roadless Areas Management
Sec.
294.50 Tongass National Forest.
294.51 Chugach National Forest.
Authority: 16 U.S.C. 472, 529, 551, 1608, 1613; 23 U.S.C. 201,
205.
Subpart E--Alaska Roadless Areas Management
Sec. 294.50 Tongass National Forest.
(a) The 2001 Roadless Area Conservation Rule (see 36 CFR part 294,
subpart B, revised as of July 1, 2001) shall not apply to the Tongass
National Forest.
Sec. 294.51 Chugach National Forest.
(a) Administrative correction or modification of inventoried
roadless area designations on the Chugach National Forest may be made
as follows:
(1) Administrative corrections to boundaries. The Regional Forester
for the Alaska Region may issue administrative corrections to the
boundaries of an Inventoried Roadless
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Area after a 30-day public notice and opportunity to comment period.
Administrative corrections are limited to adjustments that remedy
clerical errors, typographical errors, mapping errors, improvements in
mapping technology, conformance to statutory or regulatory changes, or
incorporation of changes due to land exchanges.
(2) Administrative modifications to Classifications and Boundaries.
The Regional Forester for the Alaska Region may issue modifications to
the classifications and boundaries of an Inventoried Roadless Area
after a 45-day public notice and opportunity to comment period.
Dated: October 11, 2019.
Sonny Perdue,
Secretary of Agriculture.
[FR Doc. 2019-22638 Filed 10-16-19; 8:45 am]
BILLING CODE 3411-15-P