Rule2024-09624
Planning
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 6, 2024
Effective
May 6, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The United States Department of Agriculture (Department), Forest Service is making technical revisions to clarify regulations governing National Forest System Land Management Planning (planning). These purely technical changes to the names and definitions of terms used to describe information accrued by Tribes and Indigenous people align with guidance from the Executive Office of the President and are more consistent with language used in regulations of other Federal agencies.
Full Text
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<title>Federal Register, Volume 89 Issue 88 (Monday, May 6, 2024)</title>
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[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37135-37137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09624]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AD60
Planning
AGENCY: Forest Service, USDA.
ACTION: Final rule.
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SUMMARY: The United States Department of Agriculture (Department),
Forest Service is making technical revisions to clarify regulations
governing National Forest System Land Management Planning (planning).
These purely technical changes to the names and definitions of terms
used to describe information accrued by Tribes and Indigenous people
align with guidance from the Executive Office of the President and are
more consistent with language used in regulations of other Federal
agencies.
[[Page 37136]]
DATES: This rule is effective May 6, 2024.
ADDRESSES: Information on this final rule may be obtained via written
request addressed to the Director, Policy Office, at USDA Forest
Service, 201 14th Street SW, Washington, DC 20250-1124 or by email to
<a href="/cdn-cgi/l/email-protection#f49a9d979c9b989587da909d84869b929d9bb481879095da939b82"><span class="__cf_email__" data-cfemail="553b3c363d3a3934267b313c25273a333c3a15202631347b323a23">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Nick DiProfio, Senior Land Management
Planner, Ecosystem Management Coordination, at (202) 253-0640 or
<a href="/cdn-cgi/l/email-protection#7917101a111615180a571d10090b161f1016390c0a1d18571e160f"><span class="__cf_email__" data-cfemail="bfd1d6dcd7d0d3decc91dbd6cfcdd0d9d6d0ffcaccdbde91d8d0c9">[email protected]</span></a>. Individuals who use telecommunication
devices for the hearing impaired may call the Federal Relay Service at
(800) 877-8339 between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION: This final rule makes purely technical,
clarifying revisions to the Forest Service's existing planning
regulations at 36 CFR 219.4(a)(3) and at 36 CFR 219.19. These purely
technical, clarifying revisions do not formulate standards, criteria,
or guidelines applicable to Forest Service programs and therefore do
not require public notice and opportunity to comment under section
14(a) of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1612(a)).
36 CFR Part 219, Subpart A
The Department is revising text in Sec. 219.4(a)(3) and Sec.
219.19 to adhere to guidance set forth by the Office of Science and
Technology Policy and the Council on Environmental Quality within the
Executive Office of the President on November 30, 2022, titled Guidance
for Federal Departments and Agencies on Indigenous Knowledge (<a href="https://www.whitehouse.gov/wp-content/uploads/2022/12/OSTP-CEQ-IK-Guidance.pdf">https://www.whitehouse.gov/wp-content/uploads/2022/12/OSTP-CEQ-IK-Guidance.pdf</a>). The Department is changing the term Native Knowledge to
Indigenous Knowledge and updating the associated definition to conform
precisely with this guidance. The revised definition is substantially
similar in substance to the existing definition and will have no
discernable impact on how this concept is applied in Forest Service
operations.
Regulatory Certifications
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Consistent with Executive Order (E.O.) 12866, the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether proposed, interim, and final rules
that impose, eliminate, or modify requirements on non-Forest Service
parties are significant and will review any proposed, interim, or final
rules that OIRA has designated as significant. This final rule does not
impose, eliminate, or modify requirements on non-Forest Service parties
and therefore does not require a significance determination by OIRA.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Department has developed this final rule consistent with E.O.
13563.
Congressional Review Act
Because this final rule does not impose, eliminate, or modify
requirements on non-Forest Service parties, it is not a major rule as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996 (known as the Congressional Review Act, 5 U.S.C. 804(2)).
National Environmental Policy Act
This final rule will make only technical, clarifying revisions to
existing Forest Service regulations at 36 CFR part 219, subpart A.
Forest Service regulations at 36 CFR 220.6(d)(2) (73 FR 43093) exclude
from documentation in an environmental assessment or environmental
impact statement ``rules, regulations, or policies to establish
service-wide administrative procedures, program processes, or
instructions.'' The Department has concluded that this final rule falls
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environmental assessment or
environmental impact statement.
Regulatory Flexibility Act Analysis
The Department has considered this final rule under the
requirements of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.).
This final rule will not have any direct effect on small entities as
defined by the Regulatory Flexibility Act. The final rule will not
impose recordkeeping requirements on small entities; will not affect
their competitive position in relation to large entities; and will not
affect their cash flow, liquidity, or ability to remain in the market.
Therefore, the Department has determined that this final rule will not
have a significant economic impact on a substantial number of small
entities pursuant to the Regulatory Flexibility Act.
Federalism
The Department has considered this final rule under the
requirements of E.O. 13132, Federalism. The Department has determined
that the final rule conforms with the federalism principles set out in
this E.O.; will not impose any compliance costs on the states; and will
not have substantial direct effects on the states, 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 concluded that the final rule does not
have federalism implications.
Consultation With Tribal Governments
The Department has reviewed this final rule in accordance with the
requirements of E.O. 13175, Consultation and Coordination with Indian
Tribal Governments. The Department has determined that national Tribal
consultation is not necessary for the final rule. The final rule, which
will make only technical, clarifying revisions to existing Forest
Service regulations in 36 CFR part 219, subpart A, does not impose,
eliminate, or modify requirements on non-Forest Service parties and
therefore does not have any direct effects on Tribes.
Environmental Justice
The Department has considered the final rule under the requirements
of E.O. 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations. The final rule, which
will make only technical, clarifying revisions to existing Forest
Service regulations in 36 CFR part 219, subpart A, does not impose,
eliminate, or modify requirements on non-Forest Service parties and
therefore will not result in disproportionately high and adverse
impacts on minority or low-income populations or the exclusion of
minority and low-income populations from meaningful involvement in
decision making.
No Takings Implications
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12630, Governmental Actions and
Interference With Constitutionally Protected Property Rights. The
Department has determined that the final rule will not pose the risk of
a taking of private property.
Energy Effects
The Department has reviewed the final rule under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Department has determined that the final rule
will
[[Page 37137]]
not constitute a significant energy action as defined in E.O. 13211,
and OIRA has not otherwise designated the final rule as a significant
energy action.
Civil Justice Reform
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12988, Civil Justice Reform. Upon
issuance of the final rule, (1) all state and local laws and
regulations that conflict with the final rule or that impede its full
implementation will be preempted, (2) no retroactive effect will be
given to this final rule, and (3) it will not require administrative
proceedings before parties may 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), signed into law on March 22, 1995, the Department
has assessed the effects of the final rule on state, local, and Tribal
governments, and the private sector. The final rule 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.
Controlling Paperwork Burdens on the Public
The final rule does not contain information collection requirements
as defined in 5 CFR part 1320 that are not already required by law or
not already approved for use. Accordingly, the review provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
List of Subjects in 36 CFR Part 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, National forests,
Reporting and recordkeeping requirements, Science and technology.
Therefore, for the reasons set forth in the preamble, the
Department is amending chapter II of title 36 of the Code of Federal
Regulations as follows:
PART 219--PLANNING
0
1. The authority citation for part 219 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.
0
2. Amend Sec. 219.4 by revising paragraph (a)(3) to read as follows:
Sec. 219.4 Requirements for public participation.
(a) * * *
(3) Indigenous knowledge and land ethics. As part of tribal
participation and consultation as set forth in paragraphs (a)(1)(v) and
(a)(2) of this section, the responsible official shall request
information about Indigenous Knowledge, land ethics, cultural issues,
and sacred and culturally significant sites.
* * * * *
0
3. Amend Sec. 219.19 by removing the definition ``Native knowledge''
and adding the definition ``Indigenous knowledge'' in alphabetical
order to read as follows:
Sec. 219.19 Definitions.
* * * * *
Indigenous knowledge. A body of observations, oral and written
knowledge, innovations, practices, and beliefs developed by Tribes and
Indigenous Peoples through interaction and experience with the
environment. It is applied to phenomena across biological, physical,
social, cultural, and spiritual systems. Indigenous Knowledge can be
developed over millennia, continues to develop, and includes
understanding based on evidence acquired through direct contact with
the environment and long-term experiences, as well as extensive
observations, lessons, and skills passed from generation to generation.
Indigenous Knowledge is developed by Indigenous Peoples including, but
not limited to, Tribal Nations, Native Americans, Alaska Natives, and
Native Hawaiians. Each Tribe or Indigenous community has its own place-
based body of knowledge that may overlap with that of other Tribes.
Indigenous Knowledge is based in ethical foundations often grounded in
social, spiritual, cultural, and natural systems that are frequently
intertwined and inseparable, offering a holistic perspective.
Indigenous Knowledge is inherently heterogeneous due to the cultural,
geographic, and socioeconomic differences from which it is derived, and
is shaped by the Indigenous Peoples' understanding of their history and
the surrounding environment. Indigenous Knowledge is unique to each
group of Indigenous Peoples and each may elect to utilize different
terminology or express it in different ways. Indigenous Knowledge is
deeply connected to the Indigenous Peoples holding that knowledge.
* * * * *
Homer Wilkes,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2024-09624 Filed 5-3-24; 8:45 am]
BILLING CODE 3411-15-P
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