Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized Under the Healthy Forests Restoration Act

Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized Under the Healthy Forests Restoration Act of 2003

[Note: Translator needed for this mumbo-jumbo.]

January 9, 2004

(Volume 69, Number 6)]
[Rules and Regulations]
[Page 1529-1537]

AGENCY: Forest Service, USDA.

ACTION: Interim final rule; request for comments.

SUMMARY: This interim final rule establishes the sole process by which the public may seek administrative review and file objections to proposed hazardous fuel reduction projects authorized by the Healthy Forests Restoration Act of 2003 (HFRA), Public Law 108-148.

Section 105 of the act directs the Secretary of Agriculture to promulgate, within 30 days of HFRA's enactment, interim final regulations to establish a predecisional administrative review process for hazardous fuel reduction projects authorized under the act. The Forest Service invites written comments on this interim final rule. As provided by HFRA, this interim final rule is effective upon publication in the Federal Register and will be in effect until the Secretary adopts a final rule.

DATES: This interim final rule is effective January 9, 2004.

Comments on this interim final rule must be received in writing by April 8, 2004.

ADDRESSES: Send written comments to USDA, Forest Service, Healthy Forests Restoration Act Objections, Content Analysis Team, P.O. Box 22777, Salt Lake City, UT 84122; by electronic mail to HFRAobjections@fs.fed.us; or by fax to 801-517-1014; or by the electronic process available at Federal eRulemaking portal at http://www.regulations.gov.

If comments are sent by electronic mail or by fax, the public is requested not to send duplicate written comments via regular mail. Please confine written comments to issues pertinent to the interim final rule; explain the reasons for any recommended changes; and, where possible, reference the specific section or
paragraph being addressed.

All timely and properly submitted comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received on this interim final rule at the Content Analysis Team Service Center offices in Salt Lake City, Utah, between the hours of 8 a.m. to 4:30 p.m. on business days. Those wishing to inspect comments should call ahead 801-517-1020 to facilitate an appointment and entrance to the
building.

FOR FURTHER INFORMATION CONTACT: Steve Segovia, Assistant Director,
Appeals and Litigation at 202-205-1066.

SUPPLEMENTARY INFORMATION: On December 3, 2003, President Bush signed into law the Healthy Forests Restoration Act of 2003 (HFRA) to reduce
the threat of destructive wildfires while upholding environmental standards and encouraging early public input during planning processes. The legislation helps further the President's Healthy Forests Initiative pledge to care for America's forests and rangelands, reduce the risk of catastrophic fire to communities, help save the lives of firefighters and citizens, and protect threatened and endangered
species.

One of the provisions of the act, (sec. 105) requires that the Secretary of Agriculture (Secretary) issue an interim final rule within 30 days of enactment to establish a predecisional administrative review process for hazardous fuel reduction projects authorized by the HFRA.

This interim final satisfies this requirement to establish a predecisional administrative review process. Another provision of the act required the Secretary to provide a reasonable time for public comment. The Secretary is providing a 90-day comment period on the interim final rule. This 90-day provision satisfies the reasonable time requirement in the act.

Prior to passage of the HFRA, public notice and comment for hazardous fuel reduction project proposals, and procedures for appeal of decisions implementing those projects, would have been conducted according to the procedures set out at 36 CFR part 215. This interim final rule amends part 215 to exempt hazardous fuel reduction projects authorized by the HFRA from the notice, comment, and appeal procedures set out at part 215 and establishes separate review and objection
procedures specifically for hazardous fuel reduction projects, pursuant to HFRA at the new part 218, subpart A.