[Federal Register: July 16, 2004 (Volume 69, Number 136)]

[Notices]              

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16jy04-24]

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RIN 0596-AB90

Roadless Area Protection

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of agency interim directive.

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SUMMARY: The Forest Service is reinstating interim directive (ID) 1920-

2001-1 (issued Dec. 14, 2001, and expired June 14, 2003) for the

management of inventoried roadless areas. The reinstated ID, now

numbered ID 1920-2004-1, is intended to provide guidance for addressing

road and timber management activities in inventoried roadless areas

until land and resource management plans are amended or revised. The ID

has been reinstated to the Forest Service Manual (FSM) Chapter 1920,

Land Management Planning.

DATES: This interim directive is effective July 16, 2004.

ADDRESSES: ID 1920-2004-1 is available electronically from the Forest

 Single paper copies of the interim directive are also

available by contacting the Director, Ecosystem Management Coordination

Staff, Forest Service, USDA, Mail Stop 1104, 1400 Independence Ave.,

SW., Washington, DC 20250-1104, or by facsimile to (202) 205-1012.

FOR FURTHER INFORMATION CONTACT: Dave Barone, Planning Specialist,

Ecosystem Management Coordination Staff, Forest Service (202) 205-1019.

SUPPLEMENTARY INFORMATION: The Forest Service is reinstating an interim

directive (ID) to Forest Service Manual (FSM) chapter 1920 to provide

guidance for the protection and management of inventoried roadless

areas. The ID was originally published for comment on August 22, 2001

(66 FR 44111), and a revised ID was published for comment on December

20, 2001 (66 FR 65801). The December 2001 ID expired on June 14, 2003.

This action reinstates the administrative policy that, until a land

management plan is revised or an amendment is adopted that considers

their protection and management, inventoried roadless areas shall, as a

general rule, be managed to preserve their roadless characteristics.

This ID also reinstates the reservation of authority to the Chief to

make decisions affecting inventoried roadless areas, except in specific

circumstances that generally are consistent with the exceptions in the

set aside Roadless Area Conservation Rule (Roadless Rule) (36 CFR part

294), involving: (1) Road construction or road reconstruction until a

forest-scale roads analysis is completed and incorporated into a forest

plan, or until a determination is made that an amendment to the plan is

not necessary; and (2) the cutting, sale, or removal of timber until a

revision of a forest plan or adoption of a plan amendment that has

considered the protection and management of inventoried roadless areas.

    The reinstated ID makes two changes to the direction previously

issued on December 14, 2001, in ID No. 1920-2001-1. The first change is

in the Policy section at FSM 1925.03 where a statement has been added

that allows the Chief to grant project-specific exceptions to the

reservations of authority set out in the ID. This addition is being

made to to give the Chief the flexibility to exercise discretion, on a

case-by-case basis, when a Forest Supervisor or a Regional Forester

requests, for good cause, that the decision authority not be reserved.

The second change is at FSM 1925.04b to the authority and the

responsibility of the Regional Forester for decisions on a road

construction or road reconstruction project in an inventoried roadless

area. This section has been revised to include all lands associated

with any mineral lease, license, permit or approval issued for mineral

leasing operations. This adjustment was made in order to eliminate the

confusion concerning the minerals leasing program in inventoried

roadless areas which involve protracted, staged decision making, as well

as in consideration of the interests set forth in the National Energy

    There have been nine lawsuits filed in six judicial districts and

four Federal circuits challenging the Roadless Rule. On May 10, 2001,

the U.S. District Court for the District of Idaho issued a preliminary

injunction order enjoining the Department from implementing the

Roadless Rule. That order was reversed by the U.S. Court of Appeals for

the Ninth Circuit. On July 14, 2003, the U.S. District Court for the

District of Wyoming issued a permanent injunction order enjoining the

Department from implementing the Roadless Rule. That ruling has been

appealed. The roadless management ID was originally issued to provide

interim protections for inventoried roadless areas because of the legal

uncertainty surrounding the implementation of the Roadless Rule. There

continues to be uncertainty as legal proceedings are ongoing and the

ultimate outcome is far from certain. In addition, the Department of

Agriculture has announced its intentions to proceed with a new

rulemaking addressing inventoried roadless area management. The Forest

Service is not yet prepared to adopt a final policy, and feels that

reinstating the interim policy is the best course of action at this

    The agency believes that the interim policy contained in the ID

provides stability to roadless area management

[[Page 42649]]

and appropriate protection of roadless values in inventoried roadless

areas.

[FR Doc. 04-16192 Filed 7-15-04; 8:45 am]