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36 CFR Part 219 — Planning

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PART 219—PLANNING 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, amending, 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 Planning Act of 1974, as amended by the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq. (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 multiple 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 concepts for the benefit of human communities 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, giving due consideration to the relative values of the various resources in particular 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 sustainable and contribute to social and economic sustainability; consist of ecosystems and watersheds with ecological integrity and diverse plant and animal communities; and have the capacity to provide people and communities with ecosystem services and multiple uses that provide a range of social, economic, and ecological benefits for the present and into the future. These benefits include clean air and water; habitat for fish, wildlife, and plant communities; and opportunities for recreational, spiritual, educational, and cultural benefits. (d) This part does not affect treaty rights or valid existing rights established 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 regarding reburial sites or other information that is culturally sensitive to an Indian Tribe or Tribes. (f) Plans must comply with all applicable 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 ensure 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 responsible officials. Forest Service planning occurs at different organizational levels and geographic scales. Planning occurs at three levels—national strategic planning, NFS unit planning, and project or activity planning. (a) National strategic planning. (b) National Forest System unit planning. (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 public, 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 management policies, practices, and procedures that are in the Forest Service Directive System. (3) The supervisor of the national forest, grassland, prairie, or other comparable administrative unit is the responsible official for development and approval of a plan, plan amendment, or plan revision for lands under the responsibility of the supervisor, unless a regional forester; the Chief; the Under Secretary, Natural Resources and Environment; or the Secretary acts as the responsible official. Two or more responsible officials may undertake joint planning over lands under their respective jurisdictions. (4) A plan for a unit that contains an experimental area may not be approved without the concurrence of the appropriate research station director with respect to the direction applicable to that area, and a plan amendment applicable to an experimental area may not be approved without the concurrence of the appropriate research station director. (5) The Chief is responsible for leadership 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 Directive 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 national oversight process for accountability and consistency of NFS land management planning under this part. (iii) Establish procedures in the Forest Service Directive System for obtaining inventory data on the various renewable resources, and soil and water. (c) Project and activity planning. § 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; developing, amending, or revising a plan; and monitoring. In doing so, the responsible official shall determine what information is the most accurate, reliable, and relevant to the issues being considered. The responsible official shall document how the best available scientific information was used to inform the assessment, the plan or amendment decision, and the monitoring program as required in §§ 219.6(a)(3) and 219.14(a)(3). Such documentation must: Identify what information was determined to be the best available scientific information, explain 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 participation. (a) Providing opportunities for participation. (1) Outreach. (i) Interested individuals and entities, 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 affected by, or whose actions may impact, future management actions in the plan area. (iv) Federal agencies, States, counties, and local governments, including State fish and wildlife agencies, State foresters and other relevant State agencies. Where appropriate, the responsible official shall encourage States, counties, and other local governments to seek cooperating agency status in the NEPA process for development, amendment, or revision of a plan. The responsible official may participate 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 Native Corporations. Where appropriate, the responsible official shall encourage federally recognized Tribes to seek cooperating agency status in the NEPA process for development, amendment, or revision of a plan. The responsible official may participate in planning efforts of federally recognized Indian Tribes and Alaska Native Corporations, where practicable and appropriate. (2) Consultation with federally recognized Indian Tribes and Alaska Native Corporations. (3) Indigenous knowledge and land ethics. (b) Coordination with other public planning efforts. (2) For plan development or revision, the responsible official shall review the planning and land use policies of federally 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 review shall be displayed in the environmental impact statement (EIS) for the plan (40 CFR 1502.16(c), 1506.2). The review shall include consideration of: (i) The objectives of federally recognized Indian Tribes, Alaska Native Corporations, other Federal agencies, and State and local governments, as expressed in their plans and policies; (ii) The compatibility and interrelated impacts of these plans and policies; (iii) Opportunities for the plan to address the impacts identified or to contribute to joint objectives; and (iv) Opportunities to resolve or reduce conflicts, within the context of developing the plan's desired conditions 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 official 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 assessment (§ 219.6); developing, amending, or revising a plan (§§ 219.7 and 219.13); and monitoring (§ 219.12). These three phases of the framework are complementary and may overlap. The intent of this framework is to create a responsive planning process that informs integrated resource management and allows the Forest Service to adapt to changing conditions, including climate change, and improve management based on new information and monitoring. (1) Assessment. (2) Plan development, plan amendment, or plan revision. (i) The process for developing or revising a plan includes: Assessment, preliminary identification of the need to change the plan based on the assessment, development of a proposed plan, consideration of the environmental effects of the proposal, providing an opportunity to comment on the proposed plan, providing an opportunity to object before the proposal is approved, and, finally, approval of the plan or plan revision. A new plan or plan revision requires preparation of an environmental impact statement. (ii) The process for amending a plan includes: Preliminary identification of the need to change the plan, development of a proposed amendment, consideration of the environmental effects of the proposal, providing an opportunity to comment on the proposed amendment, providing an opportunity to object 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 categorical exclusion, depending upon the scope and scale of the amendment and its likely effects. (3) Monitoring. (b) Interdisciplinary team(s). § 219.6 Assessment. The responsible official has the discretion to determine the scope, scale, and timing of an assessment described in § 219.5(a)(1), subject to the requirements of this section. (a) Process for plan development or revision assessments. (1) Identify and consider relevant existing 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 strategies, the Resources Planning Act assessment, ecoregional assessments, non-governmental reports, State comprehensive outdoor recreation plans, community wildfire protection plans, public transportation plans, State wildlife data and action plans, and relevant Agency or interagency reports, resource plans or assessments. Relevant private information, including relevant land management plans and local knowledge, will be considered if publicly available or voluntarily provided. (2) Coordinate with or provide opportunities for the regional forester, agency staff from State and Private Forestry and Research and Development, federally recognized Indian Tribes and Alaska Native Corporations, other governmental and non-governmental parties, and the public to provide existing information for the assessment. (3) Document the assessment in a report 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 information was used to inform the assessment (§ 219.3). Include the report in the planning record (§ 219.14). (b) Content of the assessment for plan development or revision. (1) Terrestrial ecosystems, aquatic ecosystems, and watersheds; (2) Air, soil, and water resources and quality; (3) System drivers, including dominant ecological processes, disturbance regimes, and stressors, such as natural succession, wildland fire, invasive species, and climate change; and the ability of terrestrial and aquatic ecosystems 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 services); (8) Multiple uses and their contributions to local, regional, and national economies; (9) Recreation settings, opportunities and access, and scenic character; (10) Renewable and nonrenewable energy and mineral resources; (11) Infrastructure, such as recreational 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 potential need and opportunity for additional designated areas. (c) Plan amendment assessments. [77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012] § 219.7 New plan development or plan revision. (a) Plan revisions. (b) New plan development. (c) Process for plan development or revision. (2) In developing a proposed new plan or proposed plan revision, the responsible official shall: (i) Review relevant information from the assessment and monitoring to identify a preliminary need to change the existing plan and to inform the development 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 consider the importance of various physical, biological, social, cultural, and historic resources on the plan area (§ 219.6), with respect to the requirements 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 System and determine whether to recommend any such lands for wilderness designation. (vi) Identify the eligibility of rivers for inclusion in the National Wild and Scenic Rivers System, unless a systematic 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 recommend any additional areas for designation. If the responsible official has the delegated authority to designate a new area or modify an existing area, then the responsible official may designate such area when approving the plan, plan amendment, or plan revision. (viii) Identify the suitability of areas for the appropriate integration of resource management and uses, with respect to the requirements for plan components of §§ 219.8 through 219.11, including 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 section). (3) The regional forester shall identify the species of conservation concern for the plan area in coordination with the responsible official. (d) Management areas or geographic areas. (e) Plan components. (1) Required plan components. (i) Desired conditions. (ii) Objectives. (iii) Standards. (iv) Guidelines. (v) Suitability of lands. (2) Optional plan component: goals. (3) Requirements for the set of plan components. (f) Other content in the plan. Other required content in the plan. (i) Identify watershed(s) that are a priority for maintenance or restoration; (ii) Describe the plan area's distinctive 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 timber sale program; timber harvesting levels; and the proportion of probable methods of forest vegetation management practices expected to be used (16 U.S.C. 1604(e)(2) and (f)(2)). Such information is not a commitment to take any action and is not a “proposal” as defined by the Council on Environmental Quality regulations for implementing NEPA (40 CFR 1508.23, 42 U.S.C. 4322(2)(C)). (2) Optional content in the plan. [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, economic, and ecological sustainability within Forest Service authority and consistent with the inherent capability of the plan area, as follows: (a) Ecological sustainability. Ecosystem Integrity. (i) Interdependence of terrestrial and aquatic ecosystems in the plan area. (ii) Contributions of the plan area to ecological conditions within the broader landscape influenced by the plan area. (iii) Conditions in the broader landscape that may influence the sustainability of resources and ecosystems within the plan area. (iv) System drivers, including dominant ecological processes, disturbance regimes, and stressors, such as natural succession, wildland fire, invasive species, and climate change; and the ability of terrestrial and aquatic ecosystems 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. (i) Air quality. (ii) Soils and soil productivity, including 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 protection areas; and other sources of drinking water (including guidance to prevent or mitigate detrimental changes in quantity, quality, and availability). (3) Riparian areas. (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 required by paragraph (a)(3)(i) of this section will apply, giving special attention to land and vegetation for approximately 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 riparian area. (B) Plan components must ensure that no management practices causing detrimental changes in water temperature or chemical composition, blockages of water courses, or deposits of sediment that seriously and adversely 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. (b) Social and economic sustainability. (1) Social, cultural, and economic conditions relevant to the area influenced 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] § 219.9 Diversity of plant and animal communities. This section adopts a complementary ecosystem and species-specific approach to maintaining the diversity of plant and animal communities and the persistence of native species in the plan area. Compliance with the ecosystem requirements of paragraph (a) of this section is intended to provide the ecological conditions to both maintain the diversity of plant and animal communities and support the persistence of most native species in the plan area. Compliance with the requirements of paragraph (b) of this section is intended to provide for additional ecological conditions not otherwise provided by compliance with paragraph (a) of this section for individual species as set forth in paragraph (b) of this section. 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. Ecosystem integrity. (2) Ecosystem diversity. (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 species similar to that existing in the plan area. (b) Additional, species-specific plan components. (2) If the responsible official determines 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 conditions to maintain a viable population of a species of conservation concern in the plan area, then the responsible official shall: (i) Document the basis for that determination (§ 219.14(a)); and (ii) Include plan components, including standards or guidelines, to maintain 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 having management authority over lands relevant to that population. (c) Species of conservation concern. [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 revised under this part must provide for ecosystem services and multiple uses, including outdoor recreation, range, 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. (1) Aesthetic values, air quality, cultural and heritage resources, ecosystem services, fish and wildlife species, forage, geologic features, grazing and rangelands, habitat and habitat connectivity, recreation settings and opportunities, riparian areas, scenery, soil, surface and subsurface water quality, timber, trails, vegetation, viewsheds, wilderness, and other relevant resources and uses. (2) Renewable and nonrenewable energy and mineral resources. (3) Appropriate placement and sustainable management of infrastructure, 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, subsistence, and other activities (in collaboration with federally recognized Tribes, Alaska Native Corporations, other Federal agencies, and State and local governments). (6) Land status and ownership, use, and access patterns relevant to the plan area. (7) Reasonably foreseeable risks to ecological, social, and economic sustainability. (8) System drivers, including dominant ecological processes, disturbance regimes, and stressors, such as natural succession, wildland fire, invasive species, and climate change; and the ability of the terrestrial and aquatic ecosystems on the plan area to adapt to change (§ 219.8); (9) Public water supplies and associated water quality. (10) Opportunities to connect people with nature. (b) Requirements for plan components for a new plan or plan revision. (i) Sustainable recreation; including recreation settings, opportunities, and access; and scenic character. Recreation opportunities may include non-motorized, motorized, developed, and dispersed recreation on land, water, and in the air. (ii) Protection of cultural and historic 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 designation. (v) Protection of designated wild and scenic rivers as well as management of rivers found eligible or determined suitable for the National Wild and Scenic River system to protect the values that provide the basis for their suitability for inclusion in the system. (vi) Appropriate management of other designated areas or recommended designated areas in the plan area, including research natural areas. (2) Other plan components for integrated resource management to provide 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 Forest Service authority and the inherent capability of the plan area, as follows: (a) Lands not suited for timber production. (i) Statute, Executive order, or regulation 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 desired conditions and objectives established by the plan for those lands; (iv) The technology is not currently available for conducting timber harvest without causing irreversible damage to soil, slope, or other watershed conditions; (v) There is no reasonable assurance that such lands can be adequately restocked within 5 years after final regeneration harvest; or (vi) The land is not forest land. (2) The responsible official shall review 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 whether 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 timber production. (c) Timber harvest for purposes other than timber production. (d) Limitations on timber harvest. (1) No timber harvest for the purposes of timber production may occur on lands not suited for timber production. (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 resources. (4) Where plan components will allow clearcutting, seed tree cutting, shelterwood cutting, or other cuts designed 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 geographic areas, forest types, or other suitable classifications. Except as provided in paragraphs (d)(4)(i) through (iii) of this section, this limit may not exceed 60 acres for the Douglas-fir forest type of California, Oregon, and Washington; 80 acres for the southern yellow pine types of Alabama, Arkansas, Georgia, Florida, Louisiana, Mississippi, North Carolina, South Carolina, 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 conditions in the plan area. If so, standards for exceptions shall include the particular conditions under which the 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 individual timber sale basis after 60 days public notice and review by the regional forester. (iii) The plan maximum size for openings to be cut in one harvest operation shall not apply to the size of openings harvested as a result of natural catastrophic 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 protections 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 limited to an amount equal to or less than that which can be removed from such forest annually in perpetuity on a sustained yield basis. This limit may be measured on a decadal basis. (i) The plan may provide for departures from this limit as provided by the NFMA when departure would be consistent with the plan's desired conditions and objectives. Exceptions for departure from this limit on the quantity sold may be made only after a public review and comment period of at least 90 days. (ii) This limit may be based upon increases in harvest levels based on intensified management practices, such as reforestation, thinning, and tree improvement if such practices justify increasing the harvests in accordance with the Multiple-Use Sustained-Yield Act of 1960. The plan must require that such harvest levels be decreased at the end of each planning period if such practices cannot be successfully implemented or funds are not received to permit such practices to continue substantially as planned. (iii) The Chief must include in the Forest Service Directive System procedures for estimating the quantity of timber that can be removed annually in perpetuity on a sustained-yield basis, and exceptions, consistent with 16 U.S.C. 1611. (7) The regeneration harvest of even-aged stands of trees is limited to stands that generally have reached the culmination of mean annual increment of growth. This requirement would apply only to regeneration harvest of even-aged stands on lands identified as suitable for timber production and where timber production is the primary purpose for the harvest. Plan components may allow for exceptions, set out in 16 U.S.C. 1604(m), only if such harvest is consistent with the other plan components of the land management plan. [77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012; 78 FR 23492, Apr. 19, 2013; 81 FR 90737, Dec. 15, 2016; 86 FR 68149, Dec. 1, 2021] § 219.12 Monitoring. (a) Plan monitoring program. (2) The plan monitoring program sets out the plan monitoring questions and associated indicators. Monitoring questions and associated indicators must be designed to inform the management of resources on the plan area, including by testing relevant assumptions, tracking relevant changes, and measuring management effectiveness and progress toward achieving or maintaining the plan's desired conditions or objectives. Questions and indicators should be based on one or more desired conditions, objectives, or other plan components in the plan, but not every plan component needs to have a corresponding monitoring question. (3) The plan monitoring program should be coordinated and integrated with relevant broader-scale monitoring strategies (paragraph (b) of this section) to ensure that monitoring is complementary and efficient, and that information is gathered at scales appropriate to the monitoring questions. (4) Subject to the requirements of paragraph (a)(5) of this section, the responsible official has the discretion to set the scope and scale of the plan monitoring program, after considering: (i) Information needs identified through the planning process as most critical for informed management of resources on the plan area; and (ii) The financial and technical capabilities of the Agency. (5) Each plan monitoring program must contain one or more monitoring questions and associated indicators addressing each of the following: (i) The status of select watershed conditions. (ii) The status of select ecological conditions including key characteristics of terrestrial and aquatic ecosystems. (iii) The status of focal species to assess the ecological conditions required under § 219.9. (iv) The status of a select set of the ecological conditions required under § 219.9 to contribute to the recovery of federally listed threatened and endangered species, conserve proposed and candidate species, and maintain a viable population of each species of conservation concern. (v) The status of visitor use, visitor satisfaction, and progress toward meeting recreation objectives. (vi) Measurable changes on the plan area related to climate change and other stressors that may be affecting the plan area. (vii) Progress toward meeting the desired conditions and objectives in the plan, including for providing multiple use opportunities. (viii) The effects of each management system to determine that they do not substantially and permanently impair the productivity of the land (16 U.S.C. 1604(g)(3)(C)). (6) A range of monitoring techniques may be used to carry out the monitoring requirements in paragraph (a)(5) of this section. (7) This section does not apply to projects or activities. Project and activity monitoring may be used to gather information for the plan monitoring program, and information gathered through plan monitoring may be used to inform development of projects or activities. But, the monitoring requirements of this section are not a prerequisite for making a decision to carry out a project or activity. (b) Broader-scale monitoring strategies. (2) When developing a monitoring strategy, the regional forester shall coordinate with the relevant responsible officials, Forest Service State and Private Forestry and Research and Development, partners, and the public. Two or more regional foresters may jointly develop broader-scale monitoring strategies. (3) Each regional forester shall ensure that the broader-scale monitoring strategy is within the financial and technical capabilities of the region and complements other ongoing monitoring efforts. (4) Projects and activities may be carried out under plans developed, amended, or revised under this part before the regional forester has developed a broader-scale monitoring strategy. (c) Timing and process for developing the plan monitoring program and broader-scale strategies. (2) The regional forester shall develop a broader-scale monitoring strategy as soon as practicable. (3) To the extent practicable, appropriate, and relevant to the monitoring questions in the plan monitoring program, plan monitoring programs and broader-scale strategies must be designed to take into account: (i) Existing national and regional inventory, monitoring, and research programs of the Agency, including from the NFS, State and Private Forestry, and Research and Development, and of other governmental and non-governmental entities; (ii) Opportunities to design and carry out multi-party monitoring with other Forest Service units, Federal, State or local government agencies, scientists, partners, and members of the public; and (iii) Opportunities to design and carry out monitoring with federally recognized Indian Tribes and Alaska Native Corporations. (d) Biennial evaluation of the monitoring information. (i) The first monitoring evaluation for a plan or plan revision developed in accordance with this subpart must be completed no later than 2 years from the effective date of plan decision. (ii) Where the monitoring program developed under the provisions of a prior planning regulation has been modified to meet the requirements of paragraph (c)(1) of this section, the first monitoring evaluation must be completed no later than 2 years from the date the change takes effect. (iii) The monitoring evaluation report may be postponed for 1 year in case of exigencies, but notice of the postponement must be provided to the public prior to the date the report is due for that year (§ 219.16(c)(6)). (2) The monitoring evaluation report must indicate whether or not a change to the plan, management activities, or the monitoring program, or a new assessment, may be warranted based on the new information. The monitoring evaluation report must be used to inform adaptive management of the plan area. (3) The monitoring evaluation report may be incorporated into other planning documents if the responsible official has initiated a plan revision or relevant amendment. (4) The monitoring evaluation report is not a decision document representing final Agency action, and is not subject to the objection provisions of subpart B. § 219.13 Plan amendment and administrative changes. (a) Plan amendment. (b) Amendment requirements. (1) Base an amendment on a preliminary identification of the need to change the plan. The preliminary identification of the need to change the plan may be based on a new assessment; a monitoring report; or other documentation of new information, changed conditions, or changed circumstances. When a plan amendment is made together with, and only applies to, a project or activity decision, the analysis prepared for the project or activity may serve as the documentation for the preliminary identification of the need to change the plan. (2) Provide opportunities for public participation as required in § 219.4 and public notification as required in § 219.16. The responsible official may combine processes and associated public notifications where appropriate, considering the scope and scale of the need to change the plan. The responsible official must include information in the initial notice for the amendment (§ 219.16(a)(1)) about which substantive requirements of §§ 219.8 through 219.11 are likely to be directly related to the amendment (§ 219.13(b)(5)). (3) Amend the plan consistent with Forest Service NEPA procedures. The appropriate NEPA documentation for an amendment may be an environmental impact statement, an environmental assessment, or a categorical exclusion, depending upon the scope and scale of the amendment and its likely effects. Except for an amendment that applies only to one project or activity, a proposed amendment that may create a significant environmental effect and thus requires preparation of an environmental impact statement is considered a significant change in the plan for the purposes of the NFMA and therefore requires a 90-day comment period for the proposed plan and draft environmental impact statement (§ 219.16(a)(2)), in addition to meeting the requirements of this section. (4) Follow the applicable format for plan components set out at § 219.7(e) for the plan direction added or modified by the amendment, except that where an amendment to a plan developed or revised under a prior planning regulation would simply modify the area to which existing direction applies, the responsible official may retain the existing formatting for that direction. (5) Determine which specific substantive requirement(s) within §§ 219.8 through 219.11 are directly related to the plan direction being added, modified, or removed by the amendment and apply such requirement(s) within the scope and scale of the amendment. The responsible official is not required to apply any substantive requirements within §§ 219.8 through 219.11 that are not directly related to the amendment. (i) The responsible official's determination must be based on the purpose for the amendment and the effects (beneficial or adverse) of the amendment, and informed by the best available scientific information, scoping, effects analysis, monitoring data or other rationale. (ii) When basing the determination on adverse effects: (A) The responsible official must determine that a specific substantive requirement is directly related to the amendment when scoping or NEPA effects analysis for the proposed amendment reveals substantial adverse effects associated with that requirement, or when the proposed amendment would substantially lessen protections for a specific resource or use. (B) If the appropriate NEPA documentation for an amendment is a categorical exclusion or an environmental assessment accompanied by a finding of no significant impact (§ 219.13(b)(3)), there is a rebuttable presumption that the amendment will not have substantial adverse effects. (6) For an amendment to a plan developed or revised under a prior planning regulation, if species of conservation concern (SCC) have not been identified for the plan area and if scoping or NEPA effects analysis for the proposed amendment reveals substantial adverse impacts to a specific species, or if the proposed amendment would substantially lessen protections for a specific species, the responsible official must determine whether such species is a potential SCC, and if so, apply section § 219.9(b) with respect to that species as if it were an SCC. (c) Administrative changes. (1) A substantive change to the monitoring program made outside of the process for plan revision or amendment may be made only after notice to the public of the intended change and consideration of public comment (§ 219.16(c)(6)). (2) All other administrative changes may be made following public notice (§ 219.16(c)(6)). [77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90738, Dec. 15, 2016] § 219.14 Decision document and planning records. (a) Decision document approving a new plan, plan amendment, or revision. (1) The rationale for approval; (2) A statement of how the plan, plan amendment, or plan revision applies to approved projects and activities (§ 219.15); (3) The documentation of how the best available scientific information was used to inform planning, the plan components, and other plan content, including the plan monitoring program (§ 219.3); (4) The concurrence by the appropriate research station director with any part of the plan applicable to any experimental forests or experimental ranges (§ 219.2(b)(4)); and (5) The effective date of the plan, amendment, or revision. (b) Decision document for a new plan or plan revision. (c) Decision document for a plan amendment. (1) The scope and scale of the plan amendment; and (2) Which specific requirements within §§ 219.8 through 219.11 apply to the amendment and how they were applied. (d) Planning records. (2) The planning record includes documents that support analytical conclusions made and alternatives considered throughout the planning process. The responsible official shall make the planning record available at the office where the plan, plan amendment, or plan revision was developed. [77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90738, Dec. 15, 2016] § 219.15 Project and activity consistency with the plan. (a) Application to existing authorizations and approved projects or activities. (b) Application to projects or activities authorized after plan decision. (c) Resolving inconsistency. (1) Modify the proposed project or activity to make it consistent with the applicable plan components; (2) Reject the proposal or terminate the project or activity; (3) Amend the plan so that the project or activity will be consistent with the plan as amended; or (4) Amend the plan contemporaneously with the approval of the project or activity so that the project or activity will be consistent with the plan as amended. This amendment may be limited to apply only to the project or activity. (d) Determining consistency. (1) Goals, desired conditions, and objectives. (2) Standards. (3) Guidelines. (i) Complies with applicable guidelines as set out in the plan; or (ii) Is designed in a way that is as effective in achieving the purpose of the applicable guidelines (§ 219.7(e)(1)(iv)). (4) Suitability. (i) That the plan identifies as suitable for that type of project or activity; or (ii) For which the plan is silent with respect to its suitability for that type of project or activity. (e) Consistency of resource plans within the planning area with the land management plan. § 219.16 Public notifications. The following public notification requirements apply to plan development, amendment, or revision. Notifications may be combined where appropriate. (a) When formal public notification is required. (1) To initiate the development of a proposed plan, plan amendment, or plan revision; (2) To invite comments on a proposed plan, plan amendment, or plan revision, and associated environmental analysis. For a new plan, plan amendment, or a plan revision for which a draft environmental impact statement (EIS) is prepared, the comment period is at least 90 days, except for an amendment that applies only to one project or activity. For an amendment that applies only to one project or activity for which a draft EIS is prepared, the comment period is at least 45 days unless a different time period is required by law or regulation or authorized pursuant to 40 CFR 1506.10(d). For an amendment for which a draft EIS is not prepared, the comment period is at least 30 days; (3) To begin the objection period for a plan, plan amendment, or plan revision before approval (§ 219.52); (4) To approve a final plan, plan amendment, or plan revision; or (5) To announce whenever a plan, plan amendment, or plan revision process initiated under the provisions of a previous planning regulation will be conformed to meet the provisions of this part (§ 219.17(b)(3)). (b) Project or activity plan amendments. (c) How public notice is provided. (1) When the Chief, the Under Secretary, or the Secretary is the responsible official, notice must be published in the Federal Register. (2) For a new plan or plan revision, when an official other than the Chief, the Under Secretary, or the Secretary is the responsible official, notice must be published in the Federal Register (3) When the notice is for the purpose of inviting comments on a proposed plan, plan amendment, or plan revision for which a draft EIS is prepared, the Environmental Protection Agency (EPA) Federal Register Federal Register (4) For a plan amendment when an official other than the Chief, the Under Secretary, or the Secretary is the responsible official, and for which a draft EIS is not prepared, notices must be published in the newspaper(s) of record. (5) If a plan, plan amendment, or plan revision applies to two or more units, notices must be published in the Federal Register (6) Additional public notice of administrative changes, changes to the monitoring program, opportunities to provide information for assessments, assessment reports, monitoring evaluation reports, or other notices not listed in paragraph (a) of this section may be made in any way the responsible official deems appropriate. (d) Content of public notices. [77 FR 21260, Apr. 9, 2012, as amended at 81 FR 90739, Dec. 15, 2016] § 219.17 Effective dates and transition. (a) Effective dates. (2) Except as provided in paragraph (a)(3) of this section, a plan amendment for which an environmental impact statement (EIS) has been prepared is effective 30 days after publication of notice of its approval; a plan amendment for which an EIS has not been prepared is effective immediately. (3) A plan amendment that applies to only one specific project or activity is effective on the date the project may be implemented in accordance with administrative review regulations at 36 CFR parts 215 and 218. (b) Plan amendment and plan revision transition. (1) Initiating plan development and plan revisions. (2) Initiating plan amendments. (3) Plan development, plan amendments, or plan revisions initiated before this part. (c) Plans developed, amended, or revised under a prior planning regulation. [77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012] § 219.18 Severability. In the event that any specific provision of this part is deemed by a court to be invalid, the remaining provisions shall remain in effect. § 219.19 Definitions. Definitions of the special terms used in this subpart are set out as follows. Alaska Native Corporation. Assessment. Best management practices for water quality (BMPs). Candidate species. (2) For National Marine Fisheries Service candidate species, a species that is: (i) The subject of a petition to list and for which the National Marine Fisheries Service has determined that listing may be warranted, pursuant to section 4(b)(3)(A) of the Endangered Species Act (16 U.S.C. 1533(b)(3)(A)), or (ii) Not the subject of a petition but for which the National Marine Fisheries Service has announced in the Federal Register Collaboration or collaborative process. Connectivity. Conservation. Conserve. Culmination of mean annual increment of growth. Designated area. Disturbance. Disturbance regime. Ecological conditions. Ecological integrity. Ecological sustainability. Ecological system. Economic sustainability. Ecosystem. (1) Composition. The biological elements within the different levels of biological organization, from genes and species to communities and ecosystems. (2) Structure. The organization and physical arrangement of biological elements such as, snags and down woody debris, vertical and horizontal distribution of vegetation, stream habitat complexity, landscape pattern, and connectivity. (3) Function. Ecological processes that sustain composition and structure, such as energy flow, nutrient cycling and retention, soil development and retention, predation and herbivory, and natural disturbances such as wind, fire, and floods. (4) Connectivity. (see connectivity above). Ecosystem diversity. Ecosystem services. (1) Provisioning services, (2) Regulating services, (3) Supporting services, (4) Cultural services, Environmental assessment (EA). Environmental document. Environmental impact statement (EIS). Even-aged stand. Federally recognized Indian Tribe. Focal species. Forest land. Geographic area. Indigenous knowledge. Inherent capability of the plan area. Integrated resource management. Landscape. Maintain. Management area. Management system. Mean annual increment of growth and culmination of mean annual increment of growth. Monitoring. Multiple use. National Forest System. Native species. Newspaper(s) of record. Objection. Online. Participation. Persistence. Plan area. Plan or land management plan. Plant and animal community. Productivity. Project. Proposed Species. Federal Register Recovery. Recreation. Recreation opportunity. Recreation setting. Responsible official. Restoration. Restore. Riparian Areas. Riparian management zone. Risk. Scenic character. Social sustainability. Sole source aquifer. Source water protection areas. Stressors. Sustainability. Sustainable recreation. Timber harvest. Timber production. Viable population. Watershed. Watershed condition. Wild and scenic river. Wilderness. [77 FR 21260, Apr. 9, 2012, as amended at 77 FR 44145, July 27, 2012; 89 FR 37137, May 6, 2024] Subpart B—Pre-Decisional Administrative Review Process § 219.50 Purpose and scope. This subpart establishes a pre-decisional administrative review (hereinafter referred to as objection) process for plans, plan amendments, or plan revisions. This process gives an individual or entity an opportunity for an independent Forest Service review and resolution of issues before the approval of a plan, plan amendment, or plan revision. This subpart identifies who may file objections to a plan, plan amendment, or plan revision; the responsibilities of the participants in an objection; and the procedures that apply to the review of the objection. § 219.51 Plans, plan amendments, or plan revisions not subject to objection. (a) A plan, plan amendment, or plan revision is not subject to objection when the responsible official receives no substantive formal comments (§ 219.62) on that proposal during the opportunities for public comment (§ 219.53(a)). (b) Plans, plan amendments, or plan revisions proposed by the Secretary of Agriculture or the Under Secretary for Natural Resources and Environment are not subject to the procedures set forth in this section. A decision by the Secretary or Under Secretary constitutes the final administrative determination of the U.S. Department of Agriculture. (c) A plan, plan amendment, or plan revision is not subject to objection under this subpart if another administrative review process is used consistent with § 219.59. (d) When a plan, plan amendment, or plan revision is not subject to objection under this subpart, the responsible official shall include an explanation with the signed decision document. § 219.52 Giving notice of a plan, plan amendment, or plan revision subject to objection before approval. (a) The responsible official shall disclose during the NEPA scoping process and in the appropriate NEPA documents that the proposed plan, plan amendment, or plan revision is subject to the objection procedures in this subpart. This disclosure is in addition to the public notice that begins the objection filing period, as required at § 219.16. When a responsible official chooses to use the objection process of this subpart for a plan, plan amendment, or plan revision process initiated before the effective date of this rule, notice that the objection process will be used must be given prior to an opportunity to provide substantive formal comment on a proposed plan, plan amendment, or revision and associated environmental analysis. (b) The responsible official shall make available the public notice for the beginning of the objection period for a plan, plan amendment, or plan revision (§ 219.16(a)(3)) to those who have requested the environmental documents or are eligible to file an objection consistent with § 219.53. (c) The content of the public notice for the beginning of the objection period for a plan, plan amendment, or plan revision before approval (§ 219.16(a)(3)) must: (1) Inform the public of the availability of the plan, plan amendment, or plan revision, the appropriate final environmental documents, the draft plan decision document, and any relevant assessment or monitoring evaluation report; the commencement of the objection filing period under 36 CFR part 219 Subpart B; and the process for objecting. The documents in this paragraph will be made available online at the time of public notice. (2) Include the name of the plan, plan amendment, or plan revision, the name and title of the responsible official, and instructions on how to obtain a copy of the appropriate final environmental documents; the draft plan decision document; and the plan, plan amendment, or plan revision. (3) Include the name and address of the reviewing officer with whom an objection is to be filed. The notice must specify a street, postal, fax, and email address; the acceptable format(s) for objections filed electronically; and the reviewing officer's office business hours for those filing hand-delivered objections. (4) Include a statement that objections will be accepted only from those who have previously submitted substantive formal comments specific to the proposed plan, plan amendment, or plan revision during any opportunity for public comment as provided in subpart A. (5) Include a statement that the publication date of the public notice in the applicable newspaper of record (or the Federal Register, (6) Include a statement that an objection, including attachments, must be filed with the appropriate reviewing officer (§ 219.62) within 60 days, if an environmental impact statement has been prepared, otherwise within 45 days of the date of publication of the public notice for the objection process. (7) Include a statement describing the minimum content requirements of an objection (§ 219.54(c)). § 219.53 Who may file an objection. (a) Individuals and entities who have submitted substantive formal comments related to a plan, plan amendment, or plan revision during the opportunities for public comment as provided in subpart A during the planning process for that decision may file an objection. Objections must be based on previously submitted substantive formal comments attributed to the objector unless the objection concerns an issue that arose after the opportunities for formal comment. The burden is on the objector to demonstrate compliance with requirements for objection. Objections that do not meet the requirements of this paragraph may not be accepted; however, objections not accepted must be documented in the planning record. (b) Formal comments received from an authorized representative(s) of an entity are considered those of the entity only. Individual members of that entity do not meet objection eligibility requirements solely based on membership in an entity. A member or an individual must submit substantive formal comments independently to be eligible to file an objection in an individual capacity. (c) When an objection lists multiple individuals or entities, each individual or entity must meet the requirements of paragraph (a) of this section. Individuals or entities listed on an objection that do not meet eligibility requirements may not be considered objectors, although an objection must be accepted (if not otherwise set aside for review under § 219.55) if at least one listed individual or entity meets the eligibility requirements. (d) Federal agencies may not file objections. (e) Federal employees who otherwise meet the requirements of this subpart for filing objections in a non-official capacity must comply with Federal conflict of interest statutes at 18 U.S.C. 202-209 and with employee ethics requirements at 5 CFR part 2635. Specifically, employees may not be on official duty nor use government property or equipment in the preparation or filing of an objection. Further, employees may not include information unavailable to the public, such as Federal agency documents that are exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552(b)). § 219.54 Filing an objection. (a) All objections must be filed, in writing, with the reviewing officer for the plan. All objections must be open to public inspection during the objection process. (b) Including documents by reference is not allowed, except for the following list of items that may be referenced by including the name, date, page number (where applicable), and relevant section of the cited document. All other documents or Web links to those documents, or both must be included with the objection, if referenced in the objection. (1) All or any part of a Federal law or regulation. (2) Forest Service Directive System documents and land management plans or other published Forest Service documents. (3) Documents referenced by the Forest Service in the planning documentation related to the proposal subject to objection. (4) Formal comments previously provided to the Forest Service by the objector during the proposed plan, plan amendment, or plan revision comment period. (c) At a minimum, an objection must include the following: (1) The objector's name and address (§ 219.62), along with a telephone number or email address if available; (2) Signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the objection); (3) Identification of the lead objector, when multiple names are listed on an objection (§ 219.62). Verification of the identity of the lead objector if requested; (4) The name of the plan, plan amendment, or plan revision being objected to, and the name and title of the responsible official; (5) A statement of the issues and/or the parts of the plan, plan amendment, or plan revision to which the objection applies; (6) A concise statement explaining the objection and suggesting how the proposed plan decision may be improved. If applicable, the objector should identify how the objector believes that the plan, plan amendment, or plan revision is inconsistent with law, regulation, or policy; and (7) A statement that demonstrates the link between prior substantive formal comments attributed to the objector and the content of the objection, unless the objection concerns an issue that arose after the opportunities for formal comment (§ 219.53(a)). § 219.55 Objections set aside from review. (a) The reviewing officer shall set aside and not review an objection when one or more of the following applies: (1) Objections are not filed in a timely manner (§ 219.56); (2) The proposed plan, plan amendment, or plan revision is not subject to the objection procedures of this subpart pursuant to §§ 219.51 and 219.59; (3) The individual or entity did not submit substantive formal comments (§ 219.53) during opportunities for public comment on the proposed decision (§ 219.16(a)(1) and (a)(2)); (4) None of the issues included in the objection is based on previously submitted substantive formal comments unless one or more of those issues arose after the opportunities for formal comment; (5) The objection does not provide sufficient information as required by § 219.54(c); (6) The objector withdraws the objection in writing; (7) The objector's identity is not provided or cannot be determined from the signature (written or electronically scanned), and a reasonable means of contact is not provided (§ 219.54(c)); or (8) The objection is illegible for any reason and a legible copy cannot easily be obtained. (b) When an objection includes an issue that is not based on previously submitted substantive formal comments and did not arise after the opportunities for formal comment, that issue will be set aside and not reviewed. Other issues raised in the objection that meet the requirements of this subpart will be reviewed. (c) The reviewing officer shall give written notice to the objector and the responsible official when an objection or part of an objection is set aside from review and shall state the reasons for not reviewing the objection in whole or part. If the objection is set aside from review for reasons of illegibility or lack of a means of contact, the reasons must be documented in the planning record. § 219.56 Objection time periods and process. (a) Time to file an objection. (b) Computation of time periods. (2) The day after publication of the public notice for a plan, plan amendment, or plan revision before approval (§§ 219.16 and 219.52), is the first day of the objection filing period. (3) The publication date of the public notice for a plan, plan amendment, or plan revision before approval (§§ 219.16 and 219.52), is the exclusive means for calculating the time to file an objection. Objectors may not rely on dates or timeframe information provided by any other source. (c) Evidence of timely filing. (1) The date of the U.S. Postal Service postmark for an objection received before the close of the fifth business day after the objection filing date; (2) The electronically generated posted date and time for email and facsimiles; (3) The shipping date for delivery by private carrier for an objection received before the close of the fifth business day after the objection filing date; or (4) The official agency date stamp showing receipt of hand delivery. (d) Extensions. (e) Reviewing officer role and responsibilities. (1) For a plan amendment, that next higher-level line officer may delegate the reviewing officer authority and responsibility to a line officer at the same administrative level as the responsible official. Any plan amendment delegation of reviewing officer responsibilities must be made prior to the public notification of an objection filing period (§ 219.52). (2) For an objection or part of an objection specific to the identification of species of conservation concern, the regional forester who identified the species of conservation concern for the plan area may not be the reviewing officer. The Chief may choose to act as the reviewing officer or may delegate the reviewing officer authority to a line officer at the same administrative level as the regional forester. The reviewing officer for the plan will convey any such objections or parts thereof to the appropriate line officer. (f) Notice of objections filed. (g) Response to objections. § 219.57 Resolution of objections. (a) Meetings. (b) Response to objections. (2) The reviewing officer's review of and response to the objection(s) is limited to only those issues and concerns submitted in the objection(s). (3) The response of the reviewing officer will be the final decision of the U.S. Department of Agriculture on the objection. § 219.58 Timing of a plan, plan amendment, or plan revision decision. (a) The responsible official may not issue a decision document concerning a plan, plan amendment, or plan revision subject to the provisions of this subpart until the reviewing officer has responded in writing to all objections. (b) A decision by the responsible official approving a plan, plan amendment, or plan revision must be consistent with the reviewing officer's response to objections. (c) When no objection is filed within the allotted filing period, the reviewing officer must notify the responsible official. The responsible official's approval of the plan, plan amendment, or plan revision in a plan decision document consistent with § 219.14, may occur on, but not before, the fifth business day following the end of the objection-filing period. § 219.59 Use of other administrative review processes. (a) Where the Forest Service is a participant in a multi-federal agency effort that would otherwise be subject to objection under this subpart, the responsible official may waive the objection procedures of this subpart and instead adopt the administrative review procedure of another participating Federal agency. As a condition of such a waiver, the responsible official for the Forest Service must have agreement with the responsible official of the other agency or agencies that a joint agency response will be provided to those who file for administrative review of the multi-agency effort. When such an agreement is reached, the responsible official for the Forest Service shall ensure public notice required in § 219.52 sets forth which administrative review procedure is to be used. (b) When a plan amendment is approved in a decision document approving a project or activity and the amendment applies only to the project or activity, the administrative review process of 36 CFR part 215 or part 218, subpart A, applies instead of the objection process established in this subpart. When a plan amendment applies to all future projects or activities, the objection process established in this subpart applies only to the plan amendment decision; the review process of 36 CFR part 215 or part 218 would apply to the project or activity part of the decision. § 219.60 Secretary's authority. Nothing in this subpart restricts the Secretary of Agriculture from exercising any statutory authority regarding the protection, management, or administration of NFS lands. § 219.61 Information collection requirements. This subpart specifies the information that objectors must give in an objection to a plan, plan amendment, or plan revision (§ 219.54(c)). As such, this subpart contains information collection requirements as defined in 5 CFR part 1320 and have been approved by the Office of Management and Budget and assigned control number 0596-0158. § 219.62 Definitions. Definitions of the special terms used in this subpart are set out as follows. Address. Decision memo. Environmental assessment (EA). Environmental impact statement (EIS). Formal comments. Lead objector. Line officer. Name. National Forest System. Newspaper(s) of record. Federal Register Objection. Objection period. Federal Register, Objection process. Objector. Online. Responsible official. Reviewing officer. Substantive formal comments.

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