C04q Attachment 13 36CFR219 LMP Objections 1284LM26Q0117.pdf

Forest Service, USDA § 219.1 and authorized under the Healthy For-ests Restoration Act (HFRA). The sec-tions of this subpart must be consid-ered in combination with the general provisions of subpart A of this part for the full complement of regulatory di-rection pertaining to predecisional ad-ministrative review of the applicable projects and activities.

§ 218.31 Authorized hazardous fuel re-duction projects subject to objec-tion.

(a) Only authorized hazardous fuel re-duction projects as defined by the HFRA, section 101(2), occurring on Na-tional Forest System land that have been analyzed in an EA or EIS are sub-ject to this subpart. Authorized haz-ardous fuel reduction projects proc-essed under the provisions of the HFRA are not subject to the requirements in subpart B of this part.

(b) When authorized hazardous fuel reduction projects are approved con-temporaneously with a plan amend-ment that applies only to that project, the objection process of this subpart applies to both the plan amendment and the project.

§ 218.32 Objection time periods.

(a) Time to file an objection. Written objections, including any attachments, must be filed with the reviewing officer within 30 days following the publica-tion date of the legal notice of the EA or final EIS in the newspaper of record or the publication date of the notice in the FEDERAL REGISTER when the Chief is the responsible official (see § 218.6(c)). It is the responsibility of ob-jectors to ensure that their objection is received in a timely manner.

(b) Time for responding to an objection.

The reviewing officer must issue a written response to the objector(s) con-cerning their objection(s) within 30 days following the end of the objection filing period.

PART 219—PLANNING

Subpart A—National Forest System Land Management Planning

Sec.

219.1 Purpose and applicability.

219.2 Levels of planning and responsible of-

ficials.

219.3 Role of science in planning.

219.4 Requirements for public participation.

219.5 Planning framework.

219.6 Assessment.

219.7 New plan development or plan revi-

sion.

219.8 Sustainability.

219.9 Diversity of plant and animal commu-

nities.

219.10 Multiple use.

219.11 Timber requirements based on the

NFMA.

219.12 Monitoring.

219.13 Plan amendment and administrative

changes.

219.14 Decision document and planning

records.

219.15 Project and activity consistency with

the plan.

219.16 Public notifications.

219.17 Effective dates and transition.

219.18 Severability.

219.19 Definitions.

Subpart B—Pre-Decisional Administrative Review Process

219.50 Purpose and scope.

219.51 Plans, plan amendments, or plan revi-

sions not subject to objection.

219.52 Giving notice of a plan, plan amend-

ment, or plan revision subject to objec-tion before approval.

219.53 Who may file an objection.

219.54 Filing an objection.

219.55 Objections set aside from review.

219.56 Objection time periods and process.

219.57 Resolution of objections.

219.58 Timing of a plan, plan amendment, or

plan revision decision.

219.59 Use of other administrative review

processes.

219.60 Secretary’s authority.

219.61 Information collection requirements.

219.62 Definitions.

AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.

SOURCE: 77 FR 21260, Apr. 9, 2012, unless otherwise noted.

Subpart A—National Forest System Land Management Planning

§ 219.1 Purpose and applicability.

(a) This subpart sets out the planning requirements for developing, amend-ing, and revising land management plans (also referred to as plans) for units of the National Forest System (NFS), as required by the Forest and Rangeland Renewable Resources Plan-ning Act of 1974, as amended by the Na-tional Forest Management Act of 1976 (16 U.S.C. 1600 et seq.) (NFMA). This subpart also sets out the requirements

36 CFR Ch. II (7–1–24 Edition) § 219.2 for plan components and other content in land management plans. This part is applicable to all units of the NFS as defined by 16 U.S.C. 1609 or subsequent statute.

(b) Consistent with the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.

528–531) (MUSYA), the Forest Service manages the NFS to sustain the mul-tiple use of its renewable resources in perpetuity while maintaining the long-term health and productivity of the land. Resources are managed through a combination of approaches and con-cepts for the benefit of human commu-nities and natural resources. Land management plans guide sustainable, integrated resource management of the resources within the plan area in the context of the broader landscape, giv-ing due consideration to the relative values of the various resources in par-ticular areas.

(c) The purpose of this part is to guide the collaborative and science-based development, amendment, and revision of land management plans that promote the ecological integrity of national forests and grasslands and other administrative units of the NFS.

Plans will guide management of NFS lands so that they are ecologically sus-tainable and contribute to social and economic sustainability; consist of eco-systems and watersheds with ecologi-cal integrity and diverse plant and ani-mal communities; and have the capac-ity to provide people and communities with ecosystem services and multiple uses that provide a range of social, eco-nomic, and ecological benefits for the present and into the future. These ben-efits include clean air and water; habi-tat for fish, wildlife, and plant commu-nities; and opportunities for rec-reational, spiritual, educational, and cultural benefits.

(d) This part does not affect treaty rights or valid existing rights estab-lished by statute or legal instruments.

(e) During the planning process, the responsible official shall comply with Section 8106 of the Food, Conservation, and Energy Act of 2008 (25 U.S.C. 3056), Executive Order 13007 of May 24, 1996, Executive Order 13175 of November 6, 2000, laws, and other requirements with respect to disclosing or withholding under the Freedom of Information Act

(5 U.S.C. 552) certain information re-garding reburial sites or other informa-tion that is culturally sensitive to an Indian Tribe or Tribes.

(f) Plans must comply with all appli-cable laws and regulations, including NFMA, MUSYA, the Clean Air Act, the Clean Water Act, the Wilderness Act, and the Endangered Species Act.

(g) The responsible official shall en-sure that the planning process, plan components, and other plan content are within Forest Service authority, the inherent capability of the plan area, and the fiscal capability of the unit.

§ 219.2 Levels of planning and respon-sible officials.

Forest Service planning occurs at dif-ferent organizational levels and geo-graphic scales. Planning occurs at three levels—national strategic plan-ning, NFS unit planning, and project or activity planning.

(a) National strategic planning. The Chief of the Forest Service is respon-sible for national planning, such as preparation of the Forest Service stra-tegic plan required under the Govern-ment Performance and Results Mod-ernization Act of 2010 (5 U.S.C. 306; 31 U.S.C. 1115–1125; 31 U.S.C. 9703–9704), which is integrated with the require-ments of the Forest and Rangeland Re-newable Resources Planning Act of 1974, as amended by the NFMA. The strategic plan establishes goals, objec-tives, performance measures, and strat-egies for management of the NFS, as well as the other Forest Service mis-sion areas: Research and Development, State and Private Forestry, and Inter-national Programs.

(b) National Forest System unit plan-ning. (1) NFS unit planning results in the development, amendment, or revi-sion of a land management plan. A land management plan provides a frame-work for integrated resource manage-ment and for guiding project and activ-ity decisionmaking on a national for-est, grassland, prairie, or other admin-istrative unit. A plan reflects the unit’s expected distinctive roles and contributions to the local area, region, and Nation, and the roles for which the plan area is best suited, considering the Agency’s mission, the unit’s unique

Forest Service, USDA § 219.4 capabilities, and the resources and management of other lands in the vi-cinity. Through the adaptive planning cycle set forth in this subpart, a plan can be changed to reflect new informa-tion and changing conditions.

(2) A plan does not authorize projects or activities or commit the Forest Service to take action. A plan may constrain the Agency from authorizing or carrying out projects and activities, or the manner in which they may occur. Projects and activities must be consistent with the plan (§ 219.15). A plan does not regulate uses by the pub-lic, but a project or activity decision that regulates a use by the public under 36 CFR Part 261, Subpart B, may be made contemporaneously with the approval of a plan, plan amendment, or plan revision. Plans should not repeat laws, regulations, or program manage-ment policies, practices, and proce-dures that are in the Forest Service Di-rective System.

(3) The supervisor of the national for-est, grassland, prairie, or other com-parable administrative unit is the re-sponsible official for development and approval of a plan, plan amendment, or plan revision for lands under the re-sponsibility of the supervisor, unless a regional forester; the Chief; the Under Secretary, Natural Resources and En-vironment; or the Secretary acts as the responsible official. Two or more re-sponsible officials may undertake joint planning over lands under their respec-tive jurisdictions.

(4) A plan for a unit that contains an experimental area may not be approved without the concurrence of the appro-priate research station director with respect to the direction applicable to that area, and a plan amendment appli-cable to an experimental area may not be approved without the concurrence of the appropriate research station direc-tor.

(5) The Chief is responsible for lead-ership and direction for carrying out the NFS land management planning program under this part. The Chief shall:

(i) Establish planning procedures for this part in the Forest Service Direc-tive System in Forest Service Manual 1920—Land Management Planning and in Forest Service Handbook 1909.12— Land Management Planning Handbook.

(ii) Establish and administer a na-tional oversight process for account-ability and consistency of NFS land management planning under this part.

(iii) Establish procedures in the For-est Service Directive System for ob-taining inventory data on the various renewable resources, and soil and water.

(c) Project and activity planning. The supervisor or district ranger is the re-sponsible official for project and activ-ity decisions, unless a higher-level offi-cial acts as the responsible official. Re-quirements for project or activity plan-ning are established in the Forest Serv-ice Directive System. Except as pro-vided in the plan consistency require-ments in § 219.15, none of the require-ments of this part apply to projects or activities.

§ 219.3 Role of science in planning.

The responsible official shall use the best available scientific information to inform the planning process required by this subpart for assessment; devel-oping, amending, or revising a plan;

and monitoring. In doing so, the re-sponsible official shall determine what information is the most accurate, reli-able, and relevant to the issues being considered. The responsible official shall document how the best available scientific information was used to in-form the assessment, the plan or amendment decision, and the moni-toring program as required in §§ 219.6(a)(3) and 219.14(a)(3). Such docu-mentation must: Identify what infor-mation was determined to be the best available scientific information, ex-plain the basis for that determination, and explain how the information was applied to the issues considered.

[81 FR 90737, Dec. 15, 2016]

§ 219.4 Requirements for public par-ticipation.

(a) Providing opportunities for partici-pation. The responsible official shall provide opportunities to the public for participating in the assessment proc-ess; developing a plan proposal, includ-ing the monitoring program; com-menting on the proposal and the disclo-sure of its environmental impacts in

36 CFR Ch. II (7–1–24 Edition) § 219.4 accompanying National Environmental Policy Act (NEPA) documents; and re-viewing the results of monitoring in-formation. When developing opportuni-ties for public participation, the re-sponsible official shall take into ac-count the discrete and diverse roles, ju-risdictions, responsibilities, and skills of interested and affected parties; the accessibility of the process, opportuni-ties, and information; and the cost, time, and available staffing. The re-sponsible official should be proactive and use contemporary tools, such as the Internet, to engage the public, and should share information in an open way with interested parties. Subject to the notification requirements in § 219.16, the responsible official has the discretion to determine the scope, methods, forum, and timing of those opportunities. The Forest Service re-tains decisionmaking authority and re-sponsibility for all decisions through-out the process.

(1) Outreach. The responsible official shall engage the public—including Tribes and Alaska Native Corporations, other Federal agencies, State and local governments, individuals, and public and private organizations or entities— early and throughout the planning process as required by this part, using collaborative processes where feasible and appropriate. In providing opportu-nities for engagement, the responsible official shall encourage participation by:

(i) Interested individuals and enti-ties, including those interested at the local, regional, and national levels.

(ii) Youth, low-income populations, and minority populations.

(iii) Private landowners whose lands are in, adjacent to, or otherwise af-fected by, or whose actions may im-pact, future management actions in the plan area.

(iv) Federal agencies, States, coun-ties, and local governments, including State fish and wildlife agencies, State foresters and other relevant State agencies. Where appropriate, the re-sponsible official shall encourage States, counties, and other local gov-ernments to seek cooperating agency status in the NEPA process for devel-opment, amendment, or revision of a plan. The responsible official may par-ticipate in planning efforts of States, counties, local governments, and other Federal agencies, where practicable and appropriate.

(v) Interested or affected federally recognized Indian Tribes or Alaska Na-tive Corporations. Where appropriate, the responsible official shall encourage federally recognized Tribes to seek co-operating agency status in the NEPA process for development, amendment, or revision of a plan. The responsible official may participate in planning ef-forts of federally recognized Indian Tribes and Alaska Native Corporations, where practicable and appropriate.

(2) Consultation with federally recog-nized Indian Tribes and Alaska Native Corporations. The Department recog-nizes the Federal Government has cer-tain trust responsibilities and a unique legal relationship with federally recog-nized Indian Tribes. The responsible of-ficial shall honor the government-to-government relationship between fed-erally recognized Indian Tribes and the Federal Government. The responsible official shall provide to federally recog-nized Indian Tribes and Alaska Native Corporations the opportunity to under-take consultation consistent with Ex-ecutive Order 13175 of November 6, 2000, and 25 U.S.C. 450 note.

(3) Indigenous knowledge and land eth-ics. As part of tribal participation and consultation as set forth in paragraphs (a)(1)(v) and (a)(2) of this section, the responsible official shall request infor-mation about Indigenous Knowledge, land ethics, cultural issues, and sacred and culturally significant sites.

(b) Coordination with other public plan-ning efforts. (1) The responsible official shall coordinate land management planning with the equivalent and re-lated planning efforts of federally rec-ognized Indian Tribes, Alaska Native Corporations, other Federal agencies, and State and local governments.

(2) For plan development or revision, the responsible official shall review the planning and land use policies of feder-ally recognized Indian Tribes (43 U.S.C.

1712(b)), Alaska Native Corporations, other Federal agencies, and State and local governments, where relevant to the plan area. The results of this re-view shall be displayed in the environ-mental impact statement (EIS) for the

Forest Service, USDA § 219.5 plan (40 CFR 1502.16(c), 1506.2). The re-view shall include consideration of:

(i) The objectives of federally recog-nized Indian Tribes, Alaska Native Cor-porations, other Federal agencies, and State and local governments, as ex-pressed in their plans and policies;

(ii) The compatibility and inter-related impacts of these plans and poli-cies;

(iii) Opportunities for the plan to ad-dress the impacts identified or to con-tribute to joint objectives; and

(iv) Opportunities to resolve or re-duce conflicts, within the context of developing the plan’s desired condi-tions or objectives.

(3) Nothing in this section should be read to indicate that the responsible official will seek to direct or control management of lands outside of the plan area, nor will the responsible offi-cial conform management to meet non- Forest Service objectives or policies.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44144, July 27, 2012; 89 FR 37137, May 6, 2024]

§ 219.5 Planning framework.

(a) Planning for a national forest, grassland, prairie, or other comparable administrative unit of the NFS is an iterative process that includes assess-ment (§ 219.6); developing, amending, or revising a plan (§§ 219.7 and 219.13); and monitoring (§ 219.12). These three phases of the framework are com-plementary and may overlap. The in-tent of this framework is to create a responsive planning process that in-forms integrated resource management and allows the Forest Service to adapt to changing conditions, including cli-mate change, and improve manage-ment based on new information and monitoring.

(1) Assessment. Assessments rapidly evaluate existing information about relevant ecological, economic, and so-cial conditions, trends, and sustain-ability and their relationship to the land management plan within the con-text of the broader landscape. The re-sponsible official shall consider and evaluate existing and possible future conditions and trends of the plan area, and assess the sustainability of social, economic, and ecological systems with-in the plan area, in the context of the broader landscape (§ 219.6).

(2) Plan development, plan amendment, or plan revision.

(i) The process for developing or re-vising a plan includes: Assessment, pre-liminary identification of the need to change the plan based on the assess-ment, development of a proposed plan, consideration of the environmental ef-fects of the proposal, providing an op-portunity to comment on the proposed plan, providing an opportunity to ob-ject before the proposal is approved, and, finally, approval of the plan or plan revision. A new plan or plan revi-sion requires preparation of an envi-ronmental impact statement.

(ii) The process for amending a plan includes: Preliminary identification of the need to change the plan, develop-ment of a proposed amendment, consid-eration of the environmental effects of the proposal, providing an opportunity to comment on the proposed amend-ment, providing an opportunity to ob-ject before the proposal is approved, and, finally, approval of the plan amendment. The appropriate NEPA documentation for an amendment may be an environmental impact statement, an environmental assessment, or a cat-egorical exclusion, depending upon the scope and scale of the amendment and its likely effects.

(3) Monitoring. Monitoring is contin-uous and provides feedback for the planning cycle by testing relevant as-sumptions, tracking relevant condi-tions over time, and measuring man-agement effectiveness (§ 219.12). The monitoring program includes plan-level and broader-scale monitoring.

The plan-level monitoring program is informed by the assessment phase; de-veloped during plan development, plan amendment, or plan revision; and im-plemented after plan decision. The re-gional forester develops broader-scale monitoring strategies. Biennial moni-toring evaluation reports document whether a change to the plan or change to the monitoring program is war-ranted based on new information, whether a new assessment may be needed, or whether there is no need for change at that time.

(b) Interdisciplinary team(s). The re-sponsible official shall establish an

36 CFR Ch. II (7–1–24 Edition) § 219.6 interdisciplinary team or teams to pre-pare assessments; new plans, plan amendments, and plan revisions; and plan monitoring programs.

§ 219.6 Assessment.

The responsible official has the dis-cretion to determine the scope, scale, and timing of an assessment described in § 219.5(a)(1), subject to the require-ments of this section.

(a) Process for plan development or revi-sion assessments. An assessment must be completed for the development of a new plan or for a plan revision. The re-sponsible official shall:

(1) Identify and consider relevant ex-isting information in governmental or non-governmental assessments, plans, monitoring reports, studies, and other sources of relevant information. Such sources of information may include State forest assessments and strate-gies, the Resources Planning Act as-sessment, ecoregional assessments, non-governmental reports, State com-prehensive outdoor recreation plans, community wildfire protection plans, public transportation plans, State wildlife data and action plans, and rel-evant Agency or interagency reports, resource plans or assessments. Rel-evant private information, including relevant land management plans and local knowledge, will be considered if publicly available or voluntarily pro-vided.

(2) Coordinate with or provide oppor-tunities for the regional forester, agen-cy staff from State and Private For-estry and Research and Development, federally recognized Indian Tribes and Alaska Native Corporations, other gov-ernmental and non-governmental par-ties, and the public to provide existing information for the assessment.

(3) Document the assessment in a re-port available to the public. The report should document information needs relevant to the topics of paragraph (b) of this section. Document in the report how the best available scientific infor-mation was used to inform the assess-ment (§ 219.3). Include the report in the planning record (§ 219.14).

(b) Content of the assessment for plan development or revision. In the assess-ment for plan development or revision, the responsible official shall identify and evaluate existing information rel-evant to the plan area for the fol-lowing:

(1) Terrestrial ecosystems, aquatic ecosystems, and watersheds;

(2) Air, soil, and water resources and quality;

(3) System drivers, including domi-nant ecological processes, disturbance regimes, and stressors, such as natural succession, wildland fire, invasive spe-cies, and climate change; and the abil-ity of terrestrial and aquatic eco-systems on the plan area to adapt to change;

(4) Baseline assessment of carbon stocks;

(5) Threatened, endangered, proposed and candidate species, and potential species of conservation concern present in the plan area;

(6) Social, cultural, and economic conditions;

(7) Benefits people obtain from the NFS planning area (ecosystem serv-ices);

(8) Multiple uses and their contribu-tions to local, regional, and national economies;

(9) Recreation settings, opportunities and access, and scenic character;

(10) Renewable and nonrenewable en-ergy and mineral resources;

(11) Infrastructure, such as rec-reational facilities and transportation and utility corridors;

(12) Areas of tribal importance;

(13) Cultural and historic resources and uses;

(14) Land status and ownership, use, and access patterns; and

(15) Existing designated areas located in the plan area including wilderness and wild and scenic rivers and poten-tial need and opportunity for addi-tional designated areas.

(c) Plan amendment assessments.

Where the responsible official deter-mines that a new assessment is needed to inform an amendment, the respon-sible official has the discretion to de-termine the scope, scale, process, and content for the assessment depending on the topic or topics to be addressed.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012]

Forest Service, USDA § 219.7

§ 219.7 New plan development or plan revision.

(a) Plan revisions. A plan revision cre-ates a new plan for the entire plan area, whether the plan revision differs from the prior plan to a small or large extent. A plan must be revised at least every 15 years. But, the responsible of-ficial has the discretion to determine at any time that conditions on a plan area have changed significantly such that a plan must be revised (16 U.S.C.

1604(f)(5)).

(b) New plan development. New plan development is required for new NFS units. The process for developing a new plan is the same as the process for plan revision.

(c) Process for plan development or revi-sion. (1) The process for developing or revising a plan includes: Public notifi-cation and participation (§§ 219.4 and 219.16), assessment (§§ 219.5 and 219.6), developing a proposed plan, considering the environmental effects of the pro-posal, providing an opportunity to comment on the proposed plan, pro-viding an opportunity to object before the proposal is approved (subpart B), and, finally, approving the plan or plan revision. A new plan or plan revision requires preparation of an environ-mental impact statement.

(2) In developing a proposed new plan or proposed plan revision, the respon-sible official shall:

(i) Review relevant information from the assessment and monitoring to iden-tify a preliminary need to change the existing plan and to inform the devel-opment of plan components and other plan content.

(ii) Consider the goals and objectives of the Forest Service strategic plan (§ 219.2(a)).

(iii) Identify the presence and con-sider the importance of various phys-ical, biological, social, cultural, and historic resources on the plan area (§ 219.6), with respect to the require-ments for plan components of §§ 219.8 through 219.11.

(iv) Consider conditions, trends, and stressors (§ 219.6), with respect to the requirements for plan components of §§ 219.8 through 219.11.

(v) Identify and evaluate lands that may be suitable for inclusion in the National Wilderness Preservation Sys-tem and determine whether to rec-ommend any such lands for wilderness designation.

(vi) Identify the eligibility of rivers for inclusion in the National Wild and Scenic Rivers System, unless a system-atic inventory has been previously completed and documented and there are no changed circumstances that warrant additional review.

(vii) Identify existing designated areas other than the areas identified in paragraphs (c)(2)(v) and (c)(2)(vi) of this section, and determine whether to rec-ommend any additional areas for des-ignation. If the responsible official has the delegated authority to designate a new area or modify an existing area, then the responsible official may des-ignate such area when approving the plan, plan amendment, or plan revi-sion.

(viii) Identify the suitability of areas for the appropriate integration of re-source management and uses, with re-spect to the requirements for plan com-ponents of §§ 219.8 through 219.11, in-cluding identifying lands that are not suitable for timber production (§ 219.11).

(ix) Identify the maximum quantity of timber that may be removed from the plan area (§ 219.11(d)(6)).

(x) Identify questions and indicators for the plan monitoring program (§ 219.12).

(xi) Identify potential other content in the plan (paragraph (f) of this sec-tion).

(3) The regional forester shall iden-tify the species of conservation concern for the plan area in coordination with the responsible official.

(d) Management areas or geographic areas. Every plan must have manage-ment areas or geographic areas or both. The plan may identify designated or recommended designated areas as management areas or geographic areas.

(e) Plan components. Plan components guide future project and activity deci-sionmaking. The plan must indicate whether specific plan components apply to the entire plan area, to spe-cific management areas or geographic areas, or to other areas as identified in the plan.

(1) Required plan components. Every plan must include the following plan components:

36 CFR Ch. II (7–1–24 Edition) § 219.8

(i) Desired conditions. A desired condi-tion is a description of specific social, economic, and/or ecological character-istics of the plan area, or a portion of the plan area, toward which manage-ment of the land and resources should be directed. Desired conditions must be described in terms that are specific enough to allow progress toward their achievement to be determined, but do not include completion dates.

(ii) Objectives. An objective is a con-cise, measurable, and time-specific statement of a desired rate of progress toward a desired condition or condi-tions. Objectives should be based on reasonably foreseeable budgets.

(iii) Standards. A standard is a man-datory constraint on project and activ-ity decisionmaking, established to help achieve or maintain the desired condi-tion or conditions, to avoid or mitigate undesirable effects, or to meet applica-ble legal requirements.

(iv) Guidelines. A guideline is a con-straint on project and activity deci-sionmaking that allows for departure from its terms, so long as the purpose of the guideline is met. (§ 219.15(d)(3)).

Guidelines are established to help achieve or maintain a desired condi-tion or conditions, to avoid or mitigate undesirable effects, or to meet applica-ble legal requirements.

(v) Suitability of lands. Specific lands within a plan area will be identified as suitable for various multiple uses or activities based on the desired condi-tions applicable to those lands. The plan will also identify lands within the plan area as not suitable for uses that are not compatible with desired condi-tions for those lands. The suitability of lands need not be identified for every use or activity. Suitability identifica-tions may be made after consideration of historic uses and of issues that have arisen in the planning process. Every plan must identify those lands that are not suitable for timber production (§ 219.11).

(2) Optional plan component: goals. A plan may include goals as plan compo-nents. Goals are broad statements of intent, other than desired conditions, usually related to process or inter-action with the public. Goals are ex-pressed in broad, general terms, but do not include completion dates.

(3) Requirements for the set of plan components. The set of plan components must meet the requirements set forth in this part for sustainability (§ 219.8), plant and animal diversity (§ 219.9), multiple use (§ 219.10), and timber (§ 219.11).

(f) Other content in the plan. (1) Other required content in the plan. Every plan must:

(i) Identify watershed(s) that are a priority for maintenance or restora-tion;

(ii) Describe the plan area’s distinc-tive roles and contributions within the broader landscape;

(iii) Include the monitoring program required by § 219.12; and

(iv) Contain information reflecting proposed and possible actions that may occur on the plan area during the life of the plan, including: the planned tim-ber sale program; timber harvesting levels; and the proportion of probable methods of forest vegetation manage-ment practices expected to be used (16 U.S.C. 1604(e)(2) and (f)(2)). Such infor-mation is not a commitment to take any action and is not a ‘‘proposal’’ as defined by the Council on Environ-mental Quality regulations for imple-menting NEPA (40 CFR 1508.23, 42 U.S.C. 4322(2)(C)).

(2) Optional content in the plan. A plan may include additional content, such as potential management approaches or strategies and partnership opportu-nities or coordination activities.

[77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012]

§ 219.8 Sustainability.

A plan developed or revised under this part must provide for social, eco-nomic, and ecological sustainability within Forest Service authority and consistent with the inherent capability of the plan area, as follows:

(a) Ecological sustainability. (1) Eco-system Integrity. The plan must include plan components, including standards or guidelines, to maintain or restore the ecological integrity of terrestrial and aquatic ecosystems and watersheds in the plan area, including plan compo-nents to maintain or restore structure, function, composition, and connectivity, taking into account:

Forest Service, USDA § 219.8

(i) Interdependence of terrestrial and aquatic ecosystems in the plan area.

(ii) Contributions of the plan area to ecological conditions within the broad-er landscape influenced by the plan area.

(iii) Conditions in the broader land-scape that may influence the sustain-ability of resources and ecosystems within the plan area.

(iv) System drivers, including domi-nant ecological processes, disturbance regimes, and stressors, such as natural succession, wildland fire, invasive spe-cies, and climate change; and the abil-ity of terrestrial and aquatic eco-systems on the plan area to adapt to change.

(v) Wildland fire and opportunities to restore fire adapted ecosystems.

(vi) Opportunities for landscape scale restoration.

(2) Air, soil, and water. The plan must include plan components, including standards or guidelines, to maintain or restore:

(i) Air quality.

(ii) Soils and soil productivity, in-cluding guidance to reduce soil erosion and sedimentation.

(iii) Water quality.

(iv) Water resources in the plan area, including lakes, streams, and wetlands;

ground water; public water supplies;

sole source aquifers; source water pro-tection areas; and other sources of drinking water (including guidance to prevent or mitigate detrimental changes in quantity, quality, and avail-ability).

(3) Riparian areas. (i) The plan must include plan components, including standards or guidelines, to maintain or restore the ecological integrity of ri-parian areas in the plan area, including plan components to maintain or re-store structure, function, composition, and connectivity, taking into account:

(A) Water temperature and chemical composition;

(B) Blockages (uncharacteristic and characteristic) of water courses;

(C) Deposits of sediment;

(D) Aquatic and terrestrial habitats;

(E) Ecological connectivity;

(F) Restoration needs; and

(G) Floodplain values and risk of flood loss.

(ii) Plans must establish width(s) for riparian management zones around all lakes, perennial and intermittent streams, and open water wetlands, within which the plan components re-quired by paragraph (a)(3)(i) of this sec-tion will apply, giving special atten-tion to land and vegetation for approxi-mately 100 feet from the edges of all perennial streams and lakes.

(A) Riparian management zone width(s) may vary based on ecological or geomorphic factors or type of water body; and will apply unless replaced by a site-specific delineation of the ripar-ian area.

(B) Plan components must ensure that no management practices causing detrimental changes in water tempera-ture or chemical composition, blockages of water courses, or deposits of sediment that seriously and ad-versely affect water conditions or fish habitat shall be permitted within the riparian management zones or the site-specific delineated riparian areas.

(4) Best management practices for water quality. The Chief shall establish re-quirements for national best manage-ment practices for water quality in the Forest Service Directive System. Plan components must ensure implementa-tion of these practices.

(b) Social and economic sustainability.

The plan must include plan compo-nents, including standards or guide-lines, to guide the plan area’s contribu-tion to social and economic sustain-ability, taking into account:

(1) Social, cultural, and economic conditions relevant to the area influ-enced by the plan;

(2) Sustainable recreation; including recreation settings, opportunities, and access; and scenic character;

(3) Multiple uses that contribute to local, regional, and national economies in a sustainable manner;

(4) Ecosystem services;

(5) Cultural and historic resources and uses; and

(6) Opportunities to connect people with nature.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90737, Dec. 15, 2016]

36 CFR Ch. II (7–1–24 Edition) § 219.9

§ 219.9 Diversity of plant and animal communities.

This section adopts a complementary ecosystem and species-specific ap-proach to maintaining the diversity of plant and animal communities and the persistence of native species in the plan area. Compliance with the eco-system requirements of paragraph (a) of this section is intended to provide the ecological conditions to both main-tain the diversity of plant and animal communities and support the persist-ence of most native species in the plan area. Compliance with the require-ments of paragraph (b) of this section is intended to provide for additional ec-ological conditions not otherwise pro-vided by compliance with paragraph (a) of this section for individual species as set forth in paragraph (b) of this sec-tion. A plan developed or revised under this part must provide for the diversity of plant and animal communities, within Forest Service authority and consistent with the inherent capability of the plan area, as follows:

(a) Ecosystem plan components. (1) Eco-system integrity. As required by § 219.8(a), the plan must include plan components, including standards or guidelines, to maintain or restore the ecological integrity of terrestrial and aquatic ecosystems and watersheds in the plan area, including plan compo-nents to maintain or restore their structure, function, composition, and connectivity.

(2) Ecosystem diversity. The plan must include plan components, including standards or guidelines, to maintain or restore the diversity of ecosystems and habitat types throughout the plan area. In doing so, the plan must include plan components to maintain or re-store:

(i) Key characteristics associated with terrestrial and aquatic ecosystem types;

(ii) Rare aquatic and terrestrial plant and animal communities; and

(iii) The diversity of native tree spe-cies similar to that existing in the plan area.

(b) Additional, species-specific plan components. (1) The responsible official shall determine whether or not the plan components required by paragraph

(a) of this section provide the ecologi-cal conditions necessary to: contribute to the recovery of federally listed threatened and endangered species, conserve proposed and candidate spe-cies, and maintain a viable population of each species of conservation concern within the plan area. If the responsible official determines that the plan com-ponents required in paragraph (a) are insufficient to provide such ecological conditions, then additional, species-specific plan components, including standards or guidelines, must be in-cluded in the plan to provide such eco-logical conditions in the plan area.

(2) If the responsible official deter-mines that it is beyond the authority of the Forest Service or not within the inherent capability of the plan area to maintain or restore the ecological con-ditions to maintain a viable population of a species of conservation concern in the plan area, then the responsible offi-cial shall:

(i) Document the basis for that deter-mination (§ 219.14(a)); and

(ii) Include plan components, includ-ing standards or guidelines, to main-tain or restore ecological conditions within the plan area to contribute to maintaining a viable population of the species within its range. In providing such plan components, the responsible official shall coordinate to the extent practicable with other Federal, State, Tribal, and private land managers hav-ing management authority over lands relevant to that population.

(c) Species of conservation concern. For purposes of this subpart, a species of conservation concern is a species, other than federally recognized threatened, endangered, proposed, or candidate spe-cies, that is known to occur in the plan area and for which the regional for-ester has determined that the best available scientific information indi-cates substantial concern about the species’ capability to persist over the long-term in the plan area.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90737, Dec. 15, 2016]

§ 219.10 Multiple use.

While meeting the requirements of

§§ 219.8 and 219.9, a plan developed or re-vised under this part must provide for ecosystem services and multiple uses, including outdoor recreation, range, Forest Service, USDA § 219.11 timber, watershed, wildlife, and fish, within Forest Service authority and the inherent capability of the plan area as follows:

(a) Integrated resource management for multiple use. The plan must include plan components, including standards or guidelines, for integrated resource management to provide for ecosystem services and multiple uses in the plan area. When developing plan compo-nents for integrated resource manage-ment, to the extent relevant to the plan area and the public participation process and the requirements of §§ 219.7, 219.8, 219.9, and 219.11, the responsible official shall consider:

(1) Aesthetic values, air quality, cul-tural and heritage resources, eco-system services, fish and wildlife spe-cies, forage, geologic features, grazing and rangelands, habitat and habitat connectivity, recreation settings and opportunities, riparian areas, scenery, soil, surface and subsurface water qual-ity, timber, trails, vegetation, viewsheds, wilderness, and other rel-evant resources and uses.

(2) Renewable and nonrenewable en-ergy and mineral resources.

(3) Appropriate placement and sus-tainable management of infrastruc-ture, such as recreational facilities and transportation and utility corridors.

(4) Opportunities to coordinate with neighboring landowners to link open spaces and take into account joint management objectives where feasible and appropriate.

(5) Habitat conditions, subject to the requirements of § 219.9, for wildlife, fish, and plants commonly enjoyed and used by the public; for hunting, fishing, trapping, gathering, observing, subsist-ence, and other activities (in collabora-tion with federally recognized Tribes, Alaska Native Corporations, other Fed-eral agencies, and State and local gov-ernments).

(6) Land status and ownership, use, and access patterns relevant to the plan area.

(7) Reasonably foreseeable risks to ecological, social, and economic sus-tainability.

(8) System drivers, including domi-nant ecological processes, disturbance regimes, and stressors, such as natural succession, wildland fire, invasive spe-cies, and climate change; and the abil-ity of the terrestrial and aquatic eco-systems on the plan area to adapt to change (§ 219.8);

(9) Public water supplies and associ-ated water quality.

(10) Opportunities to connect people with nature.

(b) Requirements for plan components for a new plan or plan revision. (1) The plan must include plan components, in-cluding standards or guidelines, to pro-vide for:

(i) Sustainable recreation; including recreation settings, opportunities, and access; and scenic character. Recre-ation opportunities may include non-motorized, motorized, developed, and dispersed recreation on land, water, and in the air.

(ii) Protection of cultural and his-toric resources.

(iii) Management of areas of tribal importance.

(iv) Protection of congressionally designated wilderness areas as well as management of areas recommended for wilderness designation to protect and maintain the ecological and social characteristics that provide the basis for their suitability for wilderness des-ignation.

(v) Protection of designated wild and scenic rivers as well as management of rivers found eligible or determined suitable for the National Wild and Sce-nic River system to protect the values that provide the basis for their suit-ability for inclusion in the system.

(vi) Appropriate management of other designated areas or rec-ommended designated areas in the plan area, including research natural areas.

(2) Other plan components for inte-grated resource management to pro-vide for multiple use as necessary.

[77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90737, Dec. 15, 2016]

§ 219.11 Timber requirements based on the NFMA.

While meeting the requirements of §§ 219.8 through 219.10, a plan developed or revised under this part must include plan components, including standards or guidelines, and other plan content regarding timber management within

36 CFR Ch. II (7–1–24 Edition) § 219.11

Forest Service authority and the inher-ent capability of the plan area, as fol-lows:

(a) Lands not suited for timber produc-tion. (1) The responsible official shall identify lands within the plan area as not suited for timber production if any one of the following factors applies:

(i) Statute, Executive order, or regu-lation prohibits timber production on the land;

(ii) The Secretary of Agriculture or the Chief has withdrawn the land from timber production;

(iii) Timber production would not be compatible with the achievement of de-sired conditions and objectives estab-lished by the plan for those lands;

(iv) The technology is not currently available for conducting timber har-vest without causing irreversible dam-age to soil, slope, or other watershed conditions;

(v) There is no reasonable assurance that such lands can be adequately re-stocked within 5 years after final re-generation harvest; or

(vi) The land is not forest land.

(2) The responsible official shall re-view lands identified in the plan as not suited for timber production at least once every 10 years, or as otherwise prescribed by law, to determine wheth-er conditions have changed so that they have become suitable for timber production. As a result of this 10-year review, the plan may be amended to identify any such lands as suitable for timber production, if warranted by changed conditions.

(b) Timber harvest for purposes of tim-ber production. A plan that identifies lands as suitable for timber production must include plan components, includ-ing standards or guidelines, to guide timber harvest for timber production or for other multiple use purposes on such lands.

(c) Timber harvest for purposes other than timber production. Except as pro-vided in paragraph (d) of this section, the plan may include plan components to allow for timber harvest for pur-poses other than timber production throughout the plan area, or portions of the plan area, as a tool to assist in achieving or maintaining one or more applicable desired conditions or objec-tives of the plan in order to protect other multiple-use values, and for sal-vage, sanitation, or public health or safety. Examples of using timber har-vest to protect other multiple use val-ues may include improving wildlife or fish habitat, thinning to reduce fire risk, or restoring meadow or savanna ecosystems where trees have invaded.

(d) Limitations on timber harvest.

Whether timber harvest would be for the purposes of timber production or other purposes, plan components, in-cluding standards or guidelines, must ensure the following:

(1) No timber harvest for the pur-poses of timber production may occur on lands not suited for timber produc-tion.

(2) Timber harvest would occur only where soil, slope, or other watershed conditions would not be irreversibly damaged;

(3) Timber harvest would be carried out in a manner consistent with the protection of soil, watershed, fish, wildlife, recreation, and aesthetic re-sources.

(4) Where plan components will allow clearcutting, seed tree cutting, shelterwood cutting, or other cuts de-signed to regenerate an even-aged stand of timber, the plan must include standards limiting the maximum size for openings that may be cut in one harvest operation, according to geo-graphic areas, forest types, or other suitable classifications. Except as pro-vided in paragraphs (d)(4)(i) through

(iii) of this section, this limit may not exceed 60 acres for the Douglas-fir for-est type of California, Oregon, and Washington; 80 acres for the southern yellow pine types of Alabama, Arkan-sas, Georgia, Florida, Louisiana, Mis-sissippi, North Carolina, South Caro-lina, Oklahoma, and Texas; 100 acres for the hemlock-Sitka spruce forest type of coastal Alaska; and 40 acres for all other forest types.

(i) Plan standards may allow for openings larger than those specified in paragraph (d)(4) of this section to be cut in one harvest operation where the responsible official determines that larger harvest openings are necessary to help achieve desired ecological con-ditions in the plan area. If so, stand-ards for exceptions shall include the particular conditions under which the

Forest Service, USDA § 219.12 larger size is permitted and must set a maximum size permitted under those conditions.

(ii) Plan components may allow for size limits exceeding those established in paragraphs (d)(4) introductory text and (d)(4)(i) of this section on an indi-vidual timber sale basis after 60 days public notice and review by the re-gional forester.

(iii) The plan maximum size for open-ings to be cut in one harvest operation shall not apply to the size of openings harvested as a result of natural cata-strophic conditions such as fire, insect and disease attack, or windstorm (16 U.S.C. 1604(g)(3)(F)(iv)).

(5) Timber will be harvested from NFS lands only where such harvest would comply with the resource protec-tions set out in sections 6(g)(3)(E) and

(F) of the NFMA (16 U.S.C. 1604(g)(3)(E) and (F)). Some of these requirements are listed in paragraphs (d)(2) to (d)(4) of this section.

(6) The quantity of timber that may be sold from the national forest is lim-ited to an amount equal to or less than that which can be removed from such…