81 FR 65891 - Sale and Disposal of National Forest System Timber; Forest Products for Traditional and Cultural Purposes
DEPARTMENT OF AGRICULTURE
Forest Service Federal Register Volume 81, Issue 186 (September 26, 2016)
Forest Service
Federal Register Volume 81, Issue 186 (September 26, 2016)
| Page Range | 65891-65897 | |
| FR Document | 2016-22929 |
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)] [Rules and Regulations] [Pages 65891-65897] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22929] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 223 RIN 0596-AD00 Sale and Disposal of National Forest System Timber; Forest Products for Traditional and Cultural Purposes AGENCY: Forest Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The USDA Forest Service is implementing regulations under the Food, Conservation, and Energy Act of 2008 (hereinafter the ``2008 Farm Bill''). This rule provides for the provision of trees, portions of trees, or forest products from National Forest System lands, free of charge, to federally recognized Indian tribes (Indian tribes) for traditional and cultural purposes. This rule implements section 8105 of the 2008 Farm Bill. DATES: This rule is effective October 26, 2016. ADDRESSES: Information on this final rule may be obtained via written request addressed to Director, Forest Management Staff, USDA Forest Service, Mail Stop 1103, 1400 Independence Avenue SW., Washington, DC 20250 or by email to [email protected]. The public may inspect comments previously received at the Office of the Director, Forest Management Staff, Sidney Yates Building, Third Floor SW Wing, 201 14th Street SW., Washington, DC or via the world wide web/Internet at http://www.fs.fed.us/forestmanagement/traditional_cultural/index.shtml. Visitors are encouraged to call ahead to 202-205-1766 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Joe Reddan, Assistant Director, Forest Products, 202-557-6591 or Sharon Nygaard-Scott, Forest Service, Forest Management Staff, 202-205-1766, during normal business hours. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: I. Background The Forest Service is issuing this final rule to implement section 8105 of the 2008 Farm Bill (section 8105). Section 8105 has also been codified in Title 25 of the U.S. Code, chapter 32A--Cultural and Heritage Cooperation Authority (25 U.S.C. 3055--Forest Products for Traditional and Cultural Purposes). Subject to certain statutory limitations, section 8105 allows the Secretary of Agriculture to provide Indian tribes with trees, portions of trees, or forest products for traditional and cultural purposes. In this preamble to the final rule, the term ``forest products'' is used as a shorthand for ``trees, portions of trees, or forest products''. Specifically, section 8105(a) provides that the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes. However, pursuant to section 8105(b), Indian tribes are prohibited from using any trees, portions of trees, or forest products provided under section 8105(a) for commercial purposes. While the 2008 Farm Bill does not define commercial purposes, it does define Indian tribe and traditional and cultural purpose. Section 8102(5) defines Indian tribe as any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). In addition, per section 8102(9), traditional and cultural purpose, with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe. On December 2, 2009, the Forest Service published an Interim Directive (ID) to the Forest Service Handbook (FSH) 2409.18 to implement section 8105 of the 2008 Farm Bill. The ID was reissued, without change, four times (effective March 8, 2011 (ID 2409.18-2011- 1), June 7, 2012 (ID 2409.18-2012-2), December 6, 2013 (ID 2409.18- 2013-3), and May 14, 2015 (ID 2409.18-2015-1), and remains in effect until November 14, 2016. This final rule will replace the Interim Directive, which will be entered in FSH 2409.18, chapter 80, section 82.5. The proposed rule was published in the Federal Register on July 31, 2014 (79 FR 44327), and a comment period ensued over a period of 60 days. The Forest Service received 12 written comments through 10 letters, and all were considered in the development of this final rule. This rule establishes Forest Service policy for providing Indian tribes with trees, portions of trees, or forest products for traditional and cultural purposes. Based on the comments received on the ID during formal government-to-government consultation, and those received during the proposed rulemaking, as well as the Agency's experience using the ID to implement section 8105 over the last 7 years, the Agency is now publishing this final rule. This final rule adds Sec. 223.15 to 36 CFR part 223, subpart A. Section 223.15(a) authorizes Regional Foresters or designated Forest Officers to provide trees, portions of trees, or forest products to Indian tribes free of charge for traditional and cultural purposes. Section 223.15(b) restates the 2008 Farm Bill's statutory definitions of ``Indian tribe'' and ``traditional and cultural purpose,'' and includes the Forest Services' regulatory definition of ``tribal officials.'' Sections 223.15(c) and (d) describe who can request trees, portions of trees, or forest products for traditional and cultural purposes, and where those requests should be directed. Tribal officials should submit requests for trees, portions of trees, or forest products to their local Forest Service District Ranger's office for routing to the appropriate designated authority. In addition, tribal officials are encouraged to explain their requests to the Regional Forester or designated Forest Officer, and if necessary, how the request fits a traditional and cultural purpose. A designated Forest Officer is an individual whom the Regional Forester has granted written authority to provide products under Sec. 223.15. Currently, there is no limitation on the number of requests or authorizations per unit of a forest product or the number of requests or authorizations per Indian tribe. There is currently no limitation on the amount of trees, portions of trees, or forest products that can be requested at any one time. However, Forest Officers cannot grant materials in excess of the value limitations at Sec. 223.15(e) in any given fiscal year. Section 223.15(f) explains that the Forest Service may condition or deny requests for trees, portions of trees, or forest products under Sec. 223.15. Finally, Sec. 223.15(g) provides that all decisions made under Sec. 223.15 must comply with the National Forest Management Act, relevant land management plans, the [[Page 65892]] National Environmental Policy Act, the Endangered Species Act, and all other applicable laws and regulations, and are subject to tribal treaty and other reserved rights and the savings provisions of the Cultural and Heritage Cooperation Authority (25 U.S.C. 8107(b)). The Forest Service will do its best to process requests received in a reasonable period of time, in light of these statutory and regulatory requirements. II. Formal Government-to-Government Consultation After issuance of the December 2, 2009, Interim Directive (ID 2409.18-2009-2), the Forest Service formally entered into consultation with Indian tribes, with the Regional Foresters extending invitations to Indian tribes by May 1, 2010. This consultation was conducted under Executive Order (EO) 13175, Consultation and Coordination with Indian Tribal Governments. Indian tribes were provided the ID to FSH 2409.18, and were invited to consult on proposed changes to 36 CFR part 223. Government-to-government consultation occurred over a period of at least 120 days, through September 1, 2010. Regional Foresters were directed to invite all federally recognized Indian tribes in their Region to consult. In addition, they were directed to invite any federally recognized Indian tribes who have expressed a historical connection to National Forest System lands in their Region, even if they no longer reside there. To make the consultation more effective, the Forest Service provided Indian tribes with a question and answer document describing the Interim Directive and Forest Services' intent to implement section 8105 of the 2008 Farm Bill through proposed changes to 36 CFR part 223. Recommendations from the Indian tribes have been incorporated, as appropriate, into this final rule. III. Summary of Comments and Responses The Forest Service received 12 comments in response to the proposed rule, several of which were similar in scope and nature. A summary of the comments and the Agency's responses and actions taken to the comments follow. Savings Provisions comment: Three commenters expressed concern that the proposed rule did not incorporate the savings provisions at 25 U.S.C. 3057(b), which protect existing tribal treaty and other reserved rights, as well as agreements between the Forest Service and an Indian tribe. Section 8105 has been codified in 25 U.S.C. 3055--Forest Products for Traditional and Cultural Purposes. The savings provisions at 25 U.S.C. 3057(b) apply to forest products for traditional and cultural purposes. These savings provisions state that: Nothing in the chapter-- (1) diminishes or expands the trust responsibility of the United States to Indian tribes, or any legal obligation or remedy resulting from that responsibility; (2) alters, abridges, repeals, or affects any valid agreement between the Forest Service and an Indian tribe; (3) alters, abridges, diminishes, repeals, or affects any reserved or other right of an Indian tribe; or (4) alters, abridges, diminishes, repeals, or affects any other valid existing right relating to National Forest System land or other public land. Savings Provisions response: The Forest Service has revised Sec. 223.15(g) of the final rule to incorporate the savings provisions codified at 25 U.S.C. 3057(b). The revised Sec. 223.15(g) states: All decisions made under this section must comply with the National Forest Management Act, relevant land management plans, the National Environmental Policy Act, the Endangered Species Act, all other applicable laws and regulations, and are subject to tribal treaty and other reserved rights and the savings provisions of the Cultural and Heritage Cooperation Authority (25 U.S.C. 3057(b)). Additionally, the authority citation under part 223 now includes references to both 25 U.S.C. 3055 and 3057. Prioritized Use and Access comment: One commenter proposed that the collection of forest products for traditional and cultural purposes be prioritized over other uses and that traditional gathering areas be closed to other uses. The commenter indicated that frequently the collection of forest materials occurs immediately preceding a traditional or religious ceremony and requested assurance that access to the traditional resources be prioritized and allowed, regardless of the situation or season. Prioritized Use and Access response: Authorized timeframes for gathering, prioritization over other uses and needs, and access to specific gathering areas may vary by request. The Forest Service is responsible for balancing requests made under section 8105 of the 2008 Farm Bill with other planned, possible, and mandated uses in accordance with its mandate to manage the national forests for multiple uses (16 U.S.C. 528-531). This rule provides one path for collection of forest products, but prioritization of the various uses and purposes of forest products and access to National Forest System lands are outside the scope of this rule. Instead, the Forest Service determines how to balance competing demands for forest products and land use when revising or amending land management plans using the National Forest System Land Management Planning process (36 CFR part 219). The planning process requires responsible officials to actively engage stakeholders, the public, and federally recognized Indian tribes using collaborative processes where feasible and appropriate (36 CFR 219.4). Proposed individual actions and projects subject to the NEPA requirements also require opportunities for public participation and comment (36 CFR 220.4). Indian tribes are encouraged to participate in these processes and to work with and regularly communicate to local Forest Service Officials the location of forest products used for traditional and cultural purposes. Local Forest Service Officers will then be aware of potential gathering areas and times when planning projects to mitigate potential conflicting activities and requests. Information regarding the locations of resources shared with Forest Service officials are protected from sharing by the Prohibition on Disclosure (25 U.S.C. 3056). Assessment and determination for priority of use and access to areas will be made at the Regional, National Forest, or local Ranger District levels as appropriate based on local considerations, land management plans, needs, and consultation with local Indian tribes. This rule does not designate gathering areas. Section 223.15(f) of the rule authorizes, however, denials of or the placing of conditions on requests for access to gather. The reasons for the denials or conditions include, but are not limited to: (1) Protecting public health and safety; (2) Preventing interference with Forest Service and/or commercial operations; (3) Complying with Federal and State laws and regulations; (4) Ensuring sustainability; or (5) Otherwise protecting National Forest System land and resources. Adoption of Region 5 Policy as the National Rule comment: One commenter represents an Indian Tribe within the State of California that has been using the existing Region 5 Traditional Gathering Policy. The Indian tribe is satisfied with the policy and has recommended that this policy be used as a model and applied nationwide. The policy referenced by [[Page 65893]] the commenter exists as a Regional Supplement to the Forest Service Manual (FS Region 5, FSM 1500, ch. 1560, Amendment No: 1500-2007-1) which sets out direction on traditional gathering policy within the Region to promote consistency between Forest Service and Bureau of Land Management in collaboration with local tribal communities. Adoption of Region 5 Policy as the National Rule response: Regional Forest Service and tribal interests, needs, and agreements may vary by location, tradition, culture, and practice. Forest Service Regions have the opportunity to supplement this rule, consistent with the policy established herein, for best use in their area of administration. The Region 5 policy was developed through collaboration and interests specific to parties in the Region 5 area. Forest Service Region 9 also has a document for use that includes considerations and direction for application within FS Region 9 (Tribal Relations Strategic Framework for the Eastern Region, Northeastern Area State & Private Forestry, and Northern Research Station--2015). While the sharing of direction and guidance on this topic is appropriate between Regions, the Regions may implement this rule through supplements that are consistent with the rule and that meet the particular needs of a Region based on applicable laws, tribal treaty or other reserved rights, the parties involved, and other local needs. Any new supplements must be consistent with the rule. Any existing Regional supplements or policies should continue to be implemented in accordance with Sec. 223.15(g). The Region 5 Traditional Gathering Policy will not be adopted as Agency-wide direction in this rule. Requests by Individuals comment: One commenter sought clarification as to whether this rule allows individual tribal members to request trees, portions of trees, or forest products for traditional and cultural purposes, or whether such requests must be submitted by tribal officials. Section 8105 of the 2008 Farm Bill states, ``the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes.'' Section 8102 expressly defines the terms ``Indian'' and ``Indian Tribe'' separately. The term ``Indian'' references an individual member of an Indian tribe. As defined in section 8102, the term ``Indian Tribe'' references a ``tribe, band, nation, pueblo, village, or other community'' which is included on the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). Requests by Individuals response: For purposes of this rule, authorization is limited to government (Forest Service)-to-government (Indian tribe), rather than government-to-individual, provision of trees, portions of trees, or forest products. Tribal officials should submit requests on behalf of the Indian tribe. Individual members of federally recognized Indian tribes should coordinate requests through their tribal officials. Individual members of federally recognized Indian tribes may also use existing provisions at 36 CFR part 223, subpart A, which authorize free-use of trees, portions of trees, or forest products to individuals, subject to limitations or circumstances as stated in the regulations. Scale of detail for requested material comment: One commenter sought clarification as to whether requests are required to include details as to the type and quantity of material being requested. The 2008 Farm Bill does not specify a process for requesting materials authorized within section 8105. Scale of detail for requested material response: It is important that the requests for trees, portions of trees, and forest products under this rule be complete, in order to prevent any misunderstandings, or delays in processing, and to provide for efficient field administration and gathering under authorized permits. The level of detail required for requests may vary by location and type of material due to the level of sensitivity and abundance of the item being requested, to insure that Forest Service Officers can maintain accountability and sustainable management of the forest products. Additionally, tribal officials are encouraged to explain their requests to Regional Foresters or designated Forest Service Officers, and if necessary, how the request fits a traditional and cultural purpose. Requests which do not include sufficient information for a Forest Service Officer to make an assessment that the request fits a traditional and cultural purpose and does not conflict with existing plans, or maintain sustainable levels and management of the material(s) requested, may be delayed or denied. Levels for Authorizing Requests comment: One commenter requested that the delegations of authority limitations within the proposed rule (36 CFR 223.15(e)) be removed. Levels for Authorizing Requests response: The levels set in the proposed rule have not been removed or modified for the final rule. ``Limitations'' as specified in this final rule pertain to the level of delegation authorized for approving free use requests as specified in 36 CFR 223.8. The levels proposed in this rule (Sec. 223.15) are an increase from those which apply to other activities specified in Sec. 223.8. There is no limitation on the number of requests that can be made or authorized per Indian tribe. These levels for delegating authority of approval for requests made under this rule are necessary to ensure consistency with the levels of accountability assigned to each Forest Service Officer for management of National Forest System lands and resources within their respective areas of responsibility. The value limitations do not limit the amount of trees, portions of trees, or forest products that Indian tribes may request through this rule. If an Indian tribe makes a request that has a higher value than the maximum which can be authorized by a local official, then the request will be forwarded to a Forest Service Officer who has the authority to grant the request. Pursuant to this rule, if the value of the forest products requested is greater than the value that may be locally granted, the request will be forwarded as follows--District Ranger (value limitation $25,000), Forest Supervisor, (value limitation $50,000), and Regional Forester (value limitation $100,000). Requests that exceed $100,000 in value will be reviewed and approved by the Chief of the Forest Service. Definition of commercial comment: One commenter requested clarification as to the definition for the term ``commercial purposes''. Although the term ``commercial purposes'' was used in the 2008 Farm Bill (section 8105), a definition of the term was not included in the definitions at section 8102. Definition of commercial response: In consideration of this request for clarification of the definition of the term ``commercial purposes'', the Agency reviewed a number of existing definitions, consulted existing Regional policy, and considered defining the term within the final regulatory text. The Agency has decided, however, not to define the term ``commercial purposes'' in this rule for the reasons discussed herin. The term ``commercial'' is used in other subparts of 36 CFR part 223 without definition. The need to define this term, and a definition appropriate for application and administration, may vary by location and the accepted traditional and cultural practices of the Indian tribe(s) involved. In particular, Regional Forest Service representatives expressed concern that defining the [[Page 65894]] term in the body of the rule could preclude varying levels of locally accepted traditional and cultural practices. Regional Representatives requested that we leave a definition of this term to Regional discretion in order to best suit the partnerships and agreements developed in consultation with Indian tribes and used within the regions. Regions implementing this rule under the existing interim directive and supplemental Regional guidance, specific for the region, have not experienced issues to this point regarding what is or is not deemed commercial for purposes of this rule. Based on the lack of a definition for ``commercial purposes'' in the 2008 Farm Bill, regular and undefined use of the term in other Forest Service documents, and Forest Service Regional Staff's request that the term be left undefined, this final rule does not include a definition within the regulatory text. Traditional barter and trade comment: One commenter requested clarification of whether barter and trade is permitted for materials obtained through this rule. Specifically, whether an Indian tribe may barter or trade materials obtained pursuant to this rule as a means of recouping the costs an Indian tribe incurs for planning, gathering, and processing such materials. Traditional barter and trade response: Barter and trade is not expressly addressed in the regulatory text for this rule. This rule derives from the authority and prohibitions within section 8105 of the 2008 Farm Bill. The Forest Service is authorized to provide trees, portions of trees, or forest products free-of-charge from National Forest System land to Indian tribes for traditional and cultural purposes, except when those purposes involve commercial use. According to the definition in section 8102 of the 2008 Farm Bill, the term ``traditional and cultural purpose,'' with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe. Barter and trade of materials obtained through requests made under this rule, which meet the definition for a traditional and cultural purpose and are not considered to be commercial, may be acceptable. Tribal officials are encouraged to explain their requests to Regional Foresters or designated Forest Service Officers and, if necessary, describe how the request fits a traditional and cultural purpose. Requests that do not include enough information for a Forest Service Officer to make a reasonable assessment that the request fits a traditional and cultural purpose and will not be used for commercial purposes may be denied. Similar to the term ``commercial'', the need to address barter and trade may vary by location and the accepted traditional and cultural practices of the Indian tribe(s) involved. Regions implementing this rule under the existing interim directive and supplemental Regional guidance, specific for the region, have not experienced issues to this point regarding barter and trade for purposes of this rule. Authorization of barter and trade will be left to Regional discretion in order to best suit the partnerships and agreements developed in consultation with Indian tribes and used within the region. Any forms of barter and trade which are authorized in previous agreements, tribal treaty, or other reserved rights will not be affected by this rule. General Comment (1): One commenter expressed direct support of the previously proposed rule. General comment (1) response: This comment is acknowledged but deemed outside of the scope of this rule. The Agency is adopting this rule for the reasons stated within including the rule's consistency with section 8105 and it meets the Agency's needs. General Comment (2): One commenter offered to share information regarding an organization that funds forest associations. General Comment (2) response: The comment is is found to be outside the scope of this rule. Summary of Additional Changes Use of the term ``noncommercial''--No comments were received in response to the proposed rule's use of the term ``noncommercial''. However, the term has been removed from both the title of section 223.15 as well as from section 223.15(d). Noncommercial was being used, in the proposed rule, as a reference to the Farm Bill's prohibition on commercial purposes, but, because it was not used in the Farm Bill, the term has been removed from this final rule, to avoid any confusion and for clarification purposes. Section 223.15(d)--Although no comments were received, a minor change was made to the wording in the last sentence, in section 223.15(d), describing how notification should take place when two or more National Forests are involved in a single request. This was done to ensure clarity regarding the notification requirement. Regulatory Certifications Regulatory Impact This final rule has been reviewed under U.S. Department of Agriculture procedures and Executive Order 12866 on Regulatory Planning and Review as amended by 13422. The Office of Management and Budget (OMB) has determined that this is not a significant rule. This final rule will not have an annual effect of $100 million or more on the economy nor adversely affect productivity, competition, jobs, the environment, public health or safety, nor State or local governments. This final rule will not interfere with an action taken or planned by another agency nor raise new legal or policy issues. Finally, this action will not alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients of such programs. Accordingly, this final rule is not subject to OMB review under Executive Order 12866. Proper Consideration of Small Entities This final rule has been considered in light of Executive Order 13272 regarding consideration of small entities and the Small Business Regulatory Enforcement Act of 1996 (SBREFA), which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). It has been determined that this action will not have a significant economic impact on a substantial number of small entities as defined by the Executive Order. The final rule will have no adverse impact on small business, small not-for-profit organizations, or small units of government. Environmental Impact This final rule has no direct or indirect effect on the environment. The rules at 36 CFR 220.6(d)(2) exclude from documentation in an environmental assessment or impact statement rules, regulations, or policies to establish Service-wide administrative procedures, program processes, or instructions that do not significantly affect the quality of the human environment. The Department's assessment is that this final rule falls within this category of actions, and that no extraordinary circumstances exist that would require preparation of an environmental assessment or environmental impact statement. Federalism The Department has considered this final rule under the requirements of Executive Order 13132, Federalism, and concluded that this action will not have substantial direct effects on the States, [[Page 65895]] on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, the Department has determined that no further assessment of federalism implications is necessary at this time. Consultation With Tribal Governments Pursuant to Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, the Forest Service entered into consultation with Indian tribes regarding this proposed rule. Beginning on or before May 1, 2010, Indian tribes were provided with the Forest Service's Interim Directive on section 8105 of the 2008 Farm Bill, and were invited to consult on changes to 36 CFR part 223. In addition, the Forest Service provided a question and answer document related to the Interim Directive and regulatory actions the Agency was considering to implement section 8105. Government-to-government consultation occurred over a period of at least 120 days, through September 1, 2010. The Forest Service received 88 comments as a result of consultation, including some received after September 1; all were considered in the development of the proposed rule. No Takings Implications This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 12360, and it has been determined that this action will not pose the risk of a taking of private property. Controlling Paperwork Burdens on the Public With this submission, and upon OMB approval, the addition of the collection requirements of Rule Identification Number 0596-AD00, OMB no. 0596-0233 for federally recognized Indian tribes wishing to request free use under the authority of section 8105 of the 2008 Farm Bill are being added to OMB control number 0596-0085 Forest Products Removal Permits and Contracts. Title: Sale and Disposal of National Forest System Timber; Forest Products for Traditional and Cultural Purposes. OMB Control Number: 0596-0233. Abstract: The information collection associated with the proposed rule Sale and Disposal of National Forest System Timber; Forest Products for Traditional and Cultural Purposes was published in the Federal Register on July 31, 2014 (79 FR 44327) as OMB control number 0596-0085 Forest Products Removal Permits and Contracts, Regulatory Identification Number 0596-AD00. The information collection included updates made to charge permits and contracts as well as revisions made to accommodate requests from Indian tribes for free use under section 8105 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110- 246, 122 Stat. 1651) [hereinafter the ``2008 Farm Bill''], per the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and implementing regulations at 5 CFR part 1320. No comments were received regarding the information collection during the proposed rule's 60-day notice and comment period. However, OMB has requested the information collection requirements specific to the 2008 Farm Bill, be disclosed separately as OMB 0596-0233. Upon review and approval from OMB, the two information collections (OMB 0596-0223 and OMB 0596-0085) will be merged. Therefore, through this Federal Register notice, the Agency is providing an opportunity to comment on the information collection associated with the final rule during the 30-day period between the publication date and the effective date of the final rule. As stated earlier in this final rule, section 8105 of the 2008 Farm Bill provides the Secretary of Agriculture with discretionary authority to provide trees, portions of trees, or forest products to Indian tribes free of charge for traditional and cultural purposes provided that the trees, portions of trees, or forest products are provided to tribal officials on behalf of an Indian tribe for traditional and cultural purposes; and the trees, portions of trees, or forest products will not be used for commercial purposes. Indian tribes seeking products under the 2008 Farm Bill authority must make a request for free use. ``Requests . . . must be submitted to the local Forest Service District Ranger's Office(s) in writing. Requests may be made: (1) Directly by a tribal official(s) who has been authorized by the Indian tribe to make such requests; or (2) By providing a copy of a formal resolution approved by the tribal council or other governing body of the Indian tribe.'' Additionally, ``[t]ribal officials are encouraged to explain their requests to the Regional Forester or designated Forest Officer and, if necessary, describe how the request fits a traditional and cultural purpose. When an Indian tribe requests forest products located on two or more National Forests, authorized tribal officials should notify each of the affected Forest Service District Ranger's Offices of the requests made on other forests.'' Under section 8105 of the 2008 Farm Bill, there is no stated maximum free use limitation for products requested by Indian tribes. Additionally, there is no limitation to the number of requests that each federally recognized Indian tribe may make under this final rule. Should Indian tribes wish to obtain proof of possession, as may be required in some States, they could be issued a FS-2400-8 free use permit by the Forest Service. The FS-2400-8 form allows use of timber or forest products at no charge (36 CFR 223.5-223.13). No changes are being made to the free-use form as a result of the 2008 Farm Bill provision. Upon receiving the permit, the permittee must comply with its terms (36 CFR 261.6), which designate forest products that can be harvested and under what conditions, such as limiting harvest to a designated area or permitting harvest of only specifically designated material. Only the minimum information necessary to comply with Federal laws and regulations is collected. Agency personnel enter the information provided by Indian tribes into a computerized database to use for any subsequent requests made by the Indian tribe. The information is printed on paper, which the applicant signs and dates. Agency personnel discuss the terms and conditions of the permit or contract with the applicant. The data gathered is not available from other sources. The collected information will help the Forest Service oversee the approval and use of forest products under section 8105 of the 2008 Farm Bill. For example, the collected information will be used to ensure applicants meet the criteria for free use of timber or forest products authorized under section 8105 and to identify permittees in the field by Forest Service personnel. The following summarizes the information collection associated with the final directive: Estimate of burden: Reporting burden for the collection of information is estimated to average 5 minutes per response. Respondents: Federally recognized Indian tribes under section 8105 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, 122 Stat. 1651). Estimated Number of Respondents: 1,132. Estimated Number of Annual Responses per Respondent: 1.5. Estimated Total Annual Responses: 2,123. Estimated Total Annual Burden Hours: 241. Comment is invited on (1) whether this information collection is necessary for the stated purposes and proper performance of the functions of the [[Page 65896]] Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency's estimate of burden associated with the information collection, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the information collection on respondents, including automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. The comments will be summarized and included in the request to OMB for approval. Energy Effects This final rule has been reviewed under Executive Order 13211 of May 18, 2001, and it has been determined that it has no effect on the supply, distribution, or use of energy. This rule is administrative in nature and, therefore, the preparation of a statement of energy effects is not required. Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. When the final rule is adopted: (1) All State and local laws and regulations that conflict with the final rule or that would impede full implementation of this rule will be preempted; (2) no retroactive effect will be given to the final rule; and (3) the Department will not require the use of administrative proceedings before parties could file suit in court challenging its provisions. Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), which the President signed into law on March 22, 1995, the Department has assessed the effects of this final rule on State, local, and tribal governments and the private sector. This action will 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. List of Subjects in 36 CFR Part 223 Administrative practice and procedure, Exports, Forests and forest products, Government contracts, National forests, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Forest Service, U.S. Department of Agriculture, amends 36 CFR part 223 as follows: PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER, SPECIAL FOREST PRODUCTS, AND FOREST BOTANICAL PRODUCTS 0 1. The authority citation for part 223 is revised to read as follows: Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, 25 U.S.C. 3055 and 3057, 113 Stat. 1501a, 16 U.S.C. 528 note; unless otherwise noted. 0 2. Add Sec. 223.15 to subpart A to read as follows: Sec. 223.15 Provision of trees, portions of trees, or forest products to Indian tribes for traditional and cultural purposes. (a) Pursuant to section 8105 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246, 122 Stat. 1651) [hereinafter the ``2008 Farm Bill''], Regional Foresters or designated Forest Officers may, at their discretion, provide trees, portions of trees, or forest products to Indian tribes free of charge for traditional and cultural purposes provided that: (1) The trees, portions of trees, or forest products are provided to tribal officials on behalf of an Indian tribe for traditional and cultural purposes; and (2) The trees, portions of trees, or forest products will not be used for commercial purposes. (b) The following definitions apply to this section: Indian tribe. The term ``Indian tribe'' means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). Traditional and cultural purpose. The term ``traditional and cultural purpose,'' with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe. Tribal officials: The term ``tribal officials'' means elected or duly appointed officials of Indian tribal governments. (c) Requests for trees, portions of trees, or forest products made under this section must be submitted to the local Forest Service District Ranger's Office(s) in writing. Requests may be made: (1) Directly by a tribal official(s) who has been authorized by the Indian tribe to make such requests; or (2) By providing a copy of a formal resolution approved by the tribal council or other governing body of the Indian tribe. (d) Requests for trees, portions of trees, and forest products made under this section must be directed to the appropriate Forest Service District Ranger(s)' Office from which the items are being requested. Tribal officials are encouraged to explain their requests to the Regional Forester or designated Forest Officer and, if necessary, describe how the request fits a traditional and cultural purpose. When an Indian tribe requests forest products located on two or more National Forests, authorized tribal officials should notify each of the affected Forest Service District Ranger's Offices of the requests made on other forests. (e) Agency Line Officers and managers (who have been authorized by name through official Forest Service correspondence) are authorized to provide trees, portions of trees, and forest products under this section subject to the following limitations: (1) District Rangers and Forest Officers may provide material not exceeding $25,000 in value in any one fiscal year to an Indian tribe; (2) Forest Supervisors may provide material not exceeding $50,000 in value in any one fiscal year to an Indian tribe; (3) Regional Foresters may provide material not exceeding $100,000 in value in any one fiscal year to an Indian tribe; and (4) The Chief of the Forest Service may provide material exceeding $100,000 in value to an Indian tribe. (f) A request for trees, portions of trees, or forest products under this section may be conditioned or denied for reasons including, but not limited to the following: (1) Protecting public health and safety; (2) Preventing interference with Forest Service and/or commercial operations; (3) Complying with Federal and State laws and regulations; (4) Ensuring sustainability; or (5) Otherwise protecting National Forest System land and resources. (g) All decisions made under this section must comply with the National Forest Management Act, relevant land management plans, the National Environmental Policy Act, the Endangered Species Act, all other applicable laws and regulations, and are subject to tribal treaty and other reserved rights and the savings [[Page 65897]] provisions of the Cultural and Heritage Cooperation Authority (25 U.S.C. 3057(b)). Dated: July 29, 2016. Thomas L. Tidwell, Chief, Forest Service. [FR Doc. 2016-22929 Filed 9-23-16; 8:45 am] BILLING CODE 3411-15-P
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Dated: September 20, 2016. SUPPLEMENTARY INFORMATION: ensued over a period of 60 days. The
J.L. Adams, Forest Service received 12 written
I. Background
Lieutenant Commander, U.S. Coast Guard, comments through 10 letters, and all
Acting Captain of the Port, Memphis, The Forest Service is issuing this final were considered in the development of
Tennessee. rule to implement section 8105 of the this final rule.
[FR Doc. 2016–23122 Filed 9–23–16; 8:45 am] 2008 Farm Bill (section 8105). Section This rule establishes Forest Service
BILLING CODE 9110–04–P
8105 has also been codified in Title 25 policy for providing Indian tribes with
of the U.S. Code, chapter 32A—Cultural trees, portions of trees, or forest
and Heritage Cooperation Authority (25 products for traditional and cultural
U.S.C. 3055—Forest Products for purposes. Based on the comments
DEPARTMENT OF AGRICULTURE
Traditional and Cultural Purposes). received on the ID during formal
Forest Service Subject to certain statutory limitations, government-to-government
section 8105 allows the Secretary of consultation, and those received during
36 CFR Part 223 Agriculture to provide Indian tribes the proposed rulemaking, as well as the
with trees, portions of trees, or forest Agency’s experience using the ID to
RIN 0596–AD00 products for traditional and cultural implement section 8105 over the last 7
purposes. In this preamble to the final years, the Agency is now publishing this
Sale and Disposal of National Forest rule, the term ‘‘forest products’’ is used final rule.
System Timber; Forest Products for as a shorthand for ‘‘trees, portions of This final rule adds § 223.15 to 36
Traditional and Cultural Purposes trees, or forest products’’. Specifically, CFR part 223, subpart A. Section
AGENCY: Forest Service, USDA. section 8105(a) provides that the 223.15(a) authorizes Regional Foresters
ACTION: Final rule. Secretary may provide free of charge to or designated Forest Officers to provide
Indian tribes any trees, portions of trees, trees, portions of trees, or forest
SUMMARY: The USDA Forest Service is or forest products from National Forest products to Indian tribes free of charge
implementing regulations under the System land for traditional and cultural for traditional and cultural purposes.
Food, Conservation, and Energy Act of purposes. Section 223.15(b) restates the 2008 Farm
2008 (hereinafter the ‘‘2008 Farm Bill’’). However, pursuant to section 8105(b), Bill’s statutory definitions of ‘‘Indian
This rule provides for the provision of Indian tribes are prohibited from using tribe’’ and ‘‘traditional and cultural
trees, portions of trees, or forest any trees, portions of trees, or forest purpose,’’ and includes the Forest
products from National Forest System products provided under section Services’ regulatory definition of ‘‘tribal
lands, free of charge, to federally 8105(a) for commercial purposes. While officials.’’
recognized Indian tribes (Indian tribes) the 2008 Farm Bill does not define Sections 223.15(c) and (d) describe
for traditional and cultural purposes. commercial purposes, it does define who can request trees, portions of trees,
This rule implements section 8105 of Indian tribe and traditional and cultural or forest products for traditional and
the 2008 Farm Bill. purpose. Section 8102(5) defines Indian cultural purposes, and where those
DATES: This rule is effective October 26,
tribe as any Indian or Alaska Native requests should be directed. Tribal
2016. tribe, band, nation, pueblo, village, or officials should submit requests for
other community the name of which is trees, portions of trees, or forest
ADDRESSES: Information on this final included on a list published by the products to their local Forest Service
rule may be obtained via written request Secretary of the Interior pursuant to District Ranger’s office for routing to the
addressed to Director, Forest section 104 of the Federally Recognized appropriate designated authority. In
Management Staff, USDA Forest Indian Tribe List Act of 1994 (25 U.S.C. addition, tribal officials are encouraged
Service, Mail Stop 1103, 1400 479a–1). In addition, per section to explain their requests to the Regional
Independence Avenue SW., 8102(9), traditional and cultural Forester or designated Forest Officer,
Washington, DC 20250 or by email to purpose, with respect to a definable use, and if necessary, how the request fits a
FarmBillForestProductsRule@fs.fed.us. area, or practice, means that the use, traditional and cultural purpose.
The public may inspect comments area, or practice is identified by an A designated Forest Officer is an
previously received at the Office of the Indian tribe as traditional or cultural individual whom the Regional Forester
Director, Forest Management Staff, because of the long-established has granted written authority to provide
Sidney Yates Building, Third Floor SW significance or ceremonial nature of the products under § 223.15. Currently,
Wing, 201 14th Street SW., Washington, use, area, or practice to the Indian tribe. there is no limitation on the number of
DC or via the world wide web/Internet On December 2, 2009, the Forest requests or authorizations per unit of a
at http://www.fs.fed.us/ Service published an Interim Directive forest product or the number of requests
forestmanagement/traditional_cultural/ (ID) to the Forest Service Handbook or authorizations per Indian tribe. There
index.shtml. Visitors are encouraged to (FSH) 2409.18 to implement section is currently no limitation on the amount
call ahead to 202–205–1766 to facilitate 8105 of the 2008 Farm Bill. The ID was of trees, portions of trees, or forest
entry to the building. reissued, without change, four times products that can be requested at any
FOR FURTHER INFORMATION CONTACT: Joe (effective March 8, 2011 (ID 2409.18– one time. However, Forest Officers
Reddan, Assistant Director, Forest 2011–1), June 7, 2012 (ID 2409.18– cannot grant materials in excess of the
Products, 202–557–6591 or Sharon 2012–2), December 6, 2013 (ID 2409.18– value limitations at § 223.15(e) in any
Nygaard-Scott, Forest Service, Forest 2013–3), and May 14, 2015 (ID 2409.18– given fiscal year.
Management Staff, 202–205–1766, 2015–1), and remains in effect until Section 223.15(f) explains that the
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during normal business hours. November 14, 2016. This final rule will Forest Service may condition or deny
Individuals who use telecommunication replace the Interim Directive, which requests for trees, portions of trees, or
devices for the deaf (TDD) may call the will be entered in FSH 2409.18, chapter forest products under § 223.15. Finally,
Federal Information Relay Service 80, section 82.5. § 223.15(g) provides that all decisions
(FIRS) at 1–800–877–8339 between 8 The proposed rule was published in made under § 223.15 must comply with
a.m. and 8 p.m., Eastern Standard Time, the Federal Register on July 31, 2014 the National Forest Management Act,
Monday through Friday. (79 FR 44327), and a comment period relevant land management plans, the
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![Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65895
on the relationship between the Federal Identification Number 0596–AD00. The free use limitation for products
Government and the States, or on the information collection included updates requested by Indian tribes. Additionally,
distribution of power and made to charge permits and contracts as there is no limitation to the number of
responsibilities among the various well as revisions made to accommodate requests that each federally recognized
levels of government. Therefore, the requests from Indian tribes for free use Indian tribe may make under this final
Department has determined that no under section 8105 of the Food, rule.
further assessment of federalism Conservation, and Energy Act of 2008 Should Indian tribes wish to obtain
implications is necessary at this time. (Pub. L. 110–246, 122 Stat. 1651) proof of possession, as may be required
[hereinafter the ‘‘2008 Farm Bill’’], per in some States, they could be issued a
Consultation With Tribal Governments the Paperwork Reduction Act of 1995 FS–2400–8 free use permit by the Forest
Pursuant to Executive Order 13175, (44 U.S.C. 3501 et seq.) and Service. The FS–2400–8 form allows use
Consultation and Coordination with implementing regulations at 5 CFR part of timber or forest products at no charge
Indian Tribal Governments, the Forest 1320. No comments were received (36 CFR 223.5–223.13). No changes are
Service entered into consultation with regarding the information collection being made to the free-use form as a
Indian tribes regarding this proposed during the proposed rule’s 60-day notice result of the 2008 Farm Bill provision.
rule. Beginning on or before May 1, and comment period. However, OMB Upon receiving the permit, the
2010, Indian tribes were provided with has requested the information collection permittee must comply with its terms
the Forest Service’s Interim Directive on requirements specific to the 2008 Farm (36 CFR 261.6), which designate forest
section 8105 of the 2008 Farm Bill, and Bill, be disclosed separately as OMB products that can be harvested and
were invited to consult on changes to 36 0596–0233. Upon review and approval under what conditions, such as limiting
CFR part 223. In addition, the Forest from OMB, the two information harvest to a designated area or
Service provided a question and answer collections (OMB 0596–0223 and OMB permitting harvest of only specifically
document related to the Interim 0596–0085) will be merged. Therefore, designated material. Only the minimum
Directive and regulatory actions the through this Federal Register notice, the information necessary to comply with
Agency was considering to implement Agency is providing an opportunity to Federal laws and regulations is
section 8105. Government-to- comment on the information collection collected. Agency personnel enter the
government consultation occurred over associated with the final rule during the information provided by Indian tribes
a period of at least 120 days, through 30-day period between the publication into a computerized database to use for
September 1, 2010. The Forest Service date and the effective date of the final any subsequent requests made by the
received 88 comments as a result of rule. Indian tribe. The information is printed
consultation, including some received As stated earlier in this final rule, on paper, which the applicant signs and
after September 1; all were considered section 8105 of the 2008 Farm Bill dates. Agency personnel discuss the
in the development of the proposed provides the Secretary of Agriculture terms and conditions of the permit or
rule. with discretionary authority to provide contract with the applicant. The data
trees, portions of trees, or forest gathered is not available from other
No Takings Implications products to Indian tribes free of charge sources. The collected information will
This final rule has been analyzed in for traditional and cultural purposes help the Forest Service oversee the
accordance with the principles and provided that the trees, portions of trees, approval and use of forest products
criteria contained in Executive Order or forest products are provided to tribal under section 8105 of the 2008 Farm
12360, and it has been determined that officials on behalf of an Indian tribe for Bill. For example, the collected
this action will not pose the risk of a traditional and cultural purposes; and information will be used to ensure
taking of private property. the trees, portions of trees, or forest applicants meet the criteria for free use
products will not be used for of timber or forest products authorized
Controlling Paperwork Burdens on the commercial purposes.
Public under section 8105 and to identify
Indian tribes seeking products under permittees in the field by Forest Service
With this submission, and upon OMB the 2008 Farm Bill authority must make personnel.
approval, the addition of the collection a request for free use. ‘‘Requests . . . The following summarizes the
requirements of Rule Identification must be submitted to the local Forest information collection associated with
Number 0596–AD00, OMB no. 0596– Service District Ranger’s Office(s) in the final directive:
0233 for federally recognized Indian writing. Requests may be made: (1) Estimate of burden: Reporting burden
tribes wishing to request free use under Directly by a tribal official(s) who has for the collection of information is
the authority of section 8105 of the 2008 been authorized by the Indian tribe to estimated to average 5 minutes per
Farm Bill are being added to OMB make such requests; or (2) By providing response.
control number 0596–0085 Forest a copy of a formal resolution approved Respondents: Federally recognized
Products Removal Permits and by the tribal council or other governing Indian tribes under section 8105 of the
Contracts. body of the Indian tribe.’’ Additionally, Food, Conservation, and Energy Act of
Title: Sale and Disposal of National ‘‘[t]ribal officials are encouraged to 2008 (Pub. L. 110–246, 122 Stat. 1651).
Forest System Timber; Forest Products explain their requests to the Regional Estimated Number of Respondents:
for Traditional and Cultural Purposes. Forester or designated Forest Officer 1,132.
OMB Control Number: 0596–0233. and, if necessary, describe how the Estimated Number of Annual
Abstract: The information collection request fits a traditional and cultural Responses per Respondent: 1.5.
associated with the proposed rule Sale purpose. When an Indian tribe requests Estimated Total Annual Responses:
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and Disposal of National Forest System forest products located on two or more 2,123.
Timber; Forest Products for Traditional National Forests, authorized tribal Estimated Total Annual Burden
and Cultural Purposes was published in officials should notify each of the Hours: 241.
the Federal Register on July 31, 2014 affected Forest Service District Ranger’s Comment is invited on (1) whether
(79 FR 44327) as OMB control number Offices of the requests made on other this information collection is necessary
0596–0085 Forest Products Removal forests.’’ Under section 8105 of the 2008 for the stated purposes and proper
Permits and Contracts, Regulatory Farm Bill, there is no stated maximum performance of the functions of the
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![65896 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations
Agency, including whether the For the reasons set forth in the (1) Directly by a tribal official(s) who
information will have practical or preamble, the Forest Service, U.S. has been authorized by the Indian tribe
scientific utility; (2) the accuracy of the Department of Agriculture, amends 36 to make such requests; or
Agency’s estimate of burden associated CFR part 223 as follows: (2) By providing a copy of a formal
with the information collection, resolution approved by the tribal
including the validity of the PART 223—SALE AND DISPOSAL OF council or other governing body of the
methodology and assumptions used; (3) NATIONAL FOREST SYSTEM TIMBER, Indian tribe.
ways to enhance the quality, utility and SPECIAL FOREST PRODUCTS, AND (d) Requests for trees, portions of
clarity of the information to be FOREST BOTANICAL PRODUCTS trees, and forest products made under
collected; and (4) ways to minimize the this section must be directed to the
burden of the information collection on ■ 1. The authority citation for part 223 appropriate Forest Service District
respondents, including automated, is revised to read as follows: Ranger(s)’ Office from which the items
electronic, mechanical, or other Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 are being requested. Tribal officials are
technological collection techniques or Stat. 2213, 16 U.S.C. 618, 104 Stat. 714–726, encouraged to explain their requests to
other forms of information technology. 16 U.S.C. 620–620j, 25 U.S.C. 3055 and 3057, the Regional Forester or designated
113 Stat. 1501a, 16 U.S.C. 528 note; unless Forest Officer and, if necessary, describe
All comments received in response to
otherwise noted.
this notice, including names and how the request fits a traditional and
addresses when provided, will be a ■ 2. Add § 223.15 to subpart A to read cultural purpose. When an Indian tribe
matter of public record. The comments as follows: requests forest products located on two
will be summarized and included in the or more National Forests, authorized
§ 223.15 Provision of trees, portions of
request to OMB for approval. tribal officials should notify each of the
trees, or forest products to Indian tribes for
traditional and cultural purposes. affected Forest Service District Ranger’s
Energy Effects Offices of the requests made on other
(a) Pursuant to section 8105 of the
This final rule has been reviewed forests.
Food, Conservation, and Energy Act of (e) Agency Line Officers and
under Executive Order 13211 of May 18, 2008 (Pub. L. 110–246, 122 Stat. 1651)
2001, and it has been determined that it managers (who have been authorized by
[hereinafter the ‘‘2008 Farm Bill’’], name through official Forest Service
has no effect on the supply, distribution, Regional Foresters or designated Forest
or use of energy. This rule is correspondence) are authorized to
Officers may, at their discretion, provide provide trees, portions of trees, and
administrative in nature and, therefore, trees, portions of trees, or forest
the preparation of a statement of energy forest products under this section
products to Indian tribes free of charge subject to the following limitations:
effects is not required. for traditional and cultural purposes (1) District Rangers and Forest
Civil Justice Reform provided that: Officers may provide material not
(1) The trees, portions of trees, or exceeding $25,000 in value in any one
This final rule has been reviewed forest products are provided to tribal
under Executive Order 12988, Civil fiscal year to an Indian tribe;
officials on behalf of an Indian tribe for (2) Forest Supervisors may provide
Justice Reform. When the final rule is traditional and cultural purposes; and
adopted: (1) All State and local laws and material not exceeding $50,000 in value
(2) The trees, portions of trees, or in any one fiscal year to an Indian tribe;
regulations that conflict with the final forest products will not be used for (3) Regional Foresters may provide
rule or that would impede full commercial purposes. material not exceeding $100,000 in
implementation of this rule will be (b) The following definitions apply to value in any one fiscal year to an Indian
preempted; (2) no retroactive effect will this section: tribe; and
be given to the final rule; and (3) the Indian tribe. The term ‘‘Indian tribe’’ (4) The Chief of the Forest Service
Department will not require the use of means any Indian or Alaska Native may provide material exceeding
administrative proceedings before tribe, band, nation, pueblo, village, or $100,000 in value to an Indian tribe.
parties could file suit in court other community the name of which is (f) A request for trees, portions of
challenging its provisions. included on a list published by the trees, or forest products under this
Unfunded Mandates Secretary of the Interior pursuant to section may be conditioned or denied
section 104 of the Federally Recognized for reasons including, but not limited to
Pursuant to Title II of the Unfunded Indian Tribe List Act of 1994 (25 U.S.C. the following:
Mandates Reform Act of 1995 (2 U.S.C. 479a–1). (1) Protecting public health and
1531–1538), which the President signed Traditional and cultural purpose. The safety;
into law on March 22, 1995, the term ‘‘traditional and cultural purpose,’’ (2) Preventing interference with
Department has assessed the effects of with respect to a definable use, area, or Forest Service and/or commercial
this final rule on State, local, and tribal practice, means that the use, area, or operations;
governments and the private sector. practice is identified by an Indian tribe (3) Complying with Federal and State
This action will not compel the as traditional or cultural because of the laws and regulations;
expenditure of $100 million or more by long-established significance or (4) Ensuring sustainability; or
any State, local, or tribal government or ceremonial nature of the use, area, or (5) Otherwise protecting National
anyone in the private sector. Therefore, practice to the Indian tribe. Forest System land and resources.
a statement under section 202 of the Act Tribal officials: The term ‘‘tribal (g) All decisions made under this
is not required. officials’’ means elected or duly section must comply with the National
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appointed officials of Indian tribal Forest Management Act, relevant land
List of Subjects in 36 CFR Part 223
governments. management plans, the National
Administrative practice and (c) Requests for trees, portions of Environmental Policy Act, the
procedure, Exports, Forests and forest trees, or forest products made under this Endangered Species Act, all other
products, Government contracts, section must be submitted to the local applicable laws and regulations, and are
National forests, Reporting and Forest Service District Ranger’s Office(s) subject to tribal treaty and other
recordkeeping requirements. in writing. Requests may be made: reserved rights and the savings
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![Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations 65897
provisions of the Cultural and Heritage CONTACT section for additional Gina Grier of EPA Region 7 directly at
Cooperation Authority (25 U.S.C. information. (913) 551–7078 for more information
3057(b)). FOR FURTHER INFORMATION CONTACT: and assistance on the commenter’s
Dated: July 29, 2016. Stephanie Doolan, Environmental concerns about mold.
Protection Agency, Air Planning and The second comment states that he/
Thomas L. Tidwell,
Development Branch, 11201 Renner she is in agreement with EPA’s
Chief, Forest Service. proposed action to approve the revision
[FR Doc. 2016–22929 Filed 9–23–16; 8:45 am] Boulevard, Lenexa, Kansas 66219 at
to the SIP and the commenter offers two
(913) 551–7719, or by email at
BILLING CODE 3411–15–P suggestions. The first suggestion is to
doolan.stephanie@epa.gov.
estimate the cost of water washing to
SUPPLEMENTARY INFORMATION:
clean haul routes on the facility
Throughout this document ‘‘we,’’ ‘‘us,’’ property and the second is a concern
ENVIRONMENTAL PROTECTION or ‘‘our’’ refer to EPA.
AGENCY that limiting truck traffic on the facility
Table of Contents property may reduce the resources
40 CFR Part 52 purchased in the state of Missouri.
I. What is being addressed in this document?
EPA’s response to the first suggestion
[EPA–R07–OAR–2015–0835; FRL 9952–79– II. Have the requirements for approval of a
SIP revision been met? regarding water washing to clean the on-
Region 7] site haul routes is that the use of water
III. EPA’s Response to Comments
IV. What action is EPA taking? to remove lead from on-site roads was
Approval of Air Quality Implementation studied and determined to be a cost-
Plans; Missouri State Implementation I. What is being addressed in this effective and necessary strategy to
Plan for the 2008 Lead Standard document? control lead during the development of
AGENCY: Environmental Protection In this document, EPA is granting the National Emissions Standards for
Agency (EPA). final approval of Missouri’s SIP to Hazardous Air Pollutants (NESHAP) for
address violations of the lead NAAQS Secondary Lead Smelters, promulgated
ACTION: Final rule.
near the Exide Technologies—Canon January 5, 2012 (77 FR 580). Because the
SUMMARY: The Environmental Protection Hollow facility in Holt County, Exide Canon Hollow facility is a
Agency (EPA) is taking final action to Missouri. The applicable standard secondary lead smelter, it must comply
approve a revision to the State addressed in this action is the lead with the requirements of this rule,
Implementation Plan (SIP) for the State NAAQS promulgated by EPA in 2008. including, among other things, the
of Missouri. This final action will The applicable requirements of the CAA requirement to conduct twice daily
approve Missouri’s SIP for the lead identified in EPA’s Final Rule (73 FR water washing of on-site haul routes.
National Ambient Air Quality Standard 66964, October 15, 2008), and will bring This cleaning is necessary to control
(NAAQS) received by EPA on October the area into compliance with the 0.15 lead-containing dust in order to meet
20, 2014. EPA proposed approval of this microgram per cubic meter (ug/m3) lead the 2008 lead NAAQS. The NESHAP is
plan on February 29, 2016. The NAAQS. EPA’s proposal containing the related to the NAAQS in that the
applicable standard addressed in this background information for this action NESHAP requires attainment of the
action is the lead NAAQS promulgated can be found at 81 FR 10182, February same 0.15 ug/m3 standard for lead at the
by EPA in 2008. EPA believes that the 29, 2016. fenceline. No change has been made to
SIP submitted by the state satisfies the address this suggestion.
II. Have the requirements for the Regarding the concern that limiting
applicable requirements of the Clean Air approval of a SIP revision been met?
Act (CAA) identified in EPA’s Final truck traffic may reduce the resources
Rule published in the Federal Register The state submission has met the purchased in the state of Missouri, the
on October 15, 2008, and will bring the public notice requirements for SIP state and facility arrived at the
area surrounding the Exide submissions in accordance with 40 CFR limitations on truck traffic using EPA’s
Technologies Canon Hollow facility in 51.102. The submission also satisfied AERMOD computer-based modeling.
Forest City, Missouri, into attainment of the completeness criteria of 40 CFR part Truck traffic along haul routes is known
the 0.15 microgram per cubic meter 51, appendix V. In addition, the revision to increase the amount of lead-
(ug/m3) lead NAAQS. meets the substantive SIP requirements containing dust that becomes re-
of the CAA, including section 110 and entrained in ambient air. Modeling was
DATES: This final rule is effective on
implementing regulations. used to estimate the amount of truck
October 26, 2016. traffic along facility haul routes that
ADDRESSES: EPA has established a III. EPA’s Response to Comments could be allowed without causing a
docket for this action under Docket ID The public comment period on EPA’s NAAQS violation at the fenceline. Thus,
No. EPA–R07–OAR–2015–0835. All proposed rule opened February 29, the limitations are necessary to
documents in the docket are listed on 2016, the date of its publication in the safeguard the NAAQS level which EPA
the http://www.regulations.gov Web Federal Register, and closed on March has determined to be protective of
site. Although listed in the index, some 30, 2016. During this period, EPA human health and the environment. It
information is not publicly available, received two comments posted also should be noted that the
i.e., CBI or other information whose anonymously to the Regulations.gov restrictions on truck traffic that are
disclosure is restricted by statute. Web site. required by the SIP only pertain to
Certain other material, such as One comment pertains to mold in traffic on the facility property; there are
mstockstill on DSK3G9T082PROD with RULES
copyrighted material, is not placed on indoor air and not the subject of the no limitations on the amount of truck
the Internet and will be publicly proposed approval of the SIP revision to traffic on public roads. No change has
available only in hard copy form. address lead in ambient air. Because the been made to address this concern.
Publicly available docket materials are comment is anonymous, EPA is unable
available through www.regulations.gov to contact the commenter directly to IV. What action is EPA taking?
or please contact the person identified offer assistance. However, EPA offers EPA is taking final action to amend
in the FOR FURTHER INFORMATION that the commenter may contact Ms. the Missouri SIP to approve the SIP
VerDate Sep<11>2014 20:07 Sep 23, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\26SER1.SGM 26SER1](https://thefederalregister.org/doc/81_FR_66077/page/7.svg)
Document Created: 2018-02-09 13:22:29
Document Modified: 2018-02-09 13:22:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective October 26, 2016. | |
| Contact | Joe Reddan, Assistant Director, Forest Products, 202-557-6591 or Sharon Nygaard-Scott, Forest Service, Forest Management Staff, 202-205-1766, during normal business hours. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. | |
| FR Citation | 81 FR 65891 | |
| RIN Number | 0596-AD00 | |
| CFR Associated | Administrative Practice and Procedure; Exports; Forests and Forest Products; Government Contracts; National Forests and Reporting and Recordkeeping Requirements |
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