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Forest Service Seeks Comments on Forest Products for Traditional and Cultural Purposes(Targeted News Service Via Acquire Media NewsEdge) Targeted News Service WASHINGTON, Aug. 1 -- The U.S. Forest Service published the following proposed rule in the Federal Register: Sale and Disposal of National Forest System Timber; Forest Products for Traditional and Cultural Purposes A Proposed Rule by the Forest Service on 07/31/2014 Publication Date: Thursday, July 31, 2014 Agencies: Department of Agriculture Forest Service Dates: Comments must be received in writing by September 29, 2014. Comments Close: 09/29/2014 Entry Type: Proposed Rule Action: Proposed rule; request for comment. Document Citation: 79 FR 44327 Page: 44327 -44332 (6 pages) CFR: 36 CFR 223 RIN: 0596-AD00 Document Number: 2014-18021 Shorter URL: https://federalregister.gov/a/2014-18021 Action Proposed Rule; Request For Comment. Summary The Food, Conservation, and Energy Act of 2008 (hereinafter the "2008 Farm Bill"), provides that the Secretary of Agriculture may provide, free of charge, to federally recognized Indian tribes (Indian tribes) trees, portions of trees, or forest products from National Forest System lands for noncommercial traditional and cultural purposes. The proposed rule is needed to implement section 8105 of the 2008 Farm Bill. Pending rulemaking, the Forest Service issued an Interim Directive providing short-term direction for tribal requests for forest products for traditional and cultural purposes. DATES: Comments must be received in writing by September 29, 2014. ADDRESSES: Written comments concerning this notice should be addressed to Director, Forest Management Staff, USDA Forest Service, Mail Stop 1103, 1400 Independence Avenue SW., Washington, DC 20250 or by email to [email protected]. Comments may also be submitted via the world wide web/Internet at http://www.regulations.gov. All 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 at the Office of the Director, Forest Management Staff, Sidney Yates Building, Third Floor SW Wing, 201 14th Street SW., Washington, DC or via the world wide web/Internet at http://www.fs.fed.us/forestmanagement/traditional_cultural/index.shtml. Visitors are encouraged to call ahead to 202-205-1766 to facilitate entry to the building. FOR FURTHER INFORMATION CONTACT: Richard Fitzgerald, Assistant Director, Forest Products, 202-205-1753 or Sharon Nygaard-Scott, Forest Service, Forest Management Staff, 202-205-1766, during normal business hours. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: I. Background The Forest Service is issuing this proposed rule to formally implement section 8105 of the 2008 Farm Bill (section 8105). (Section 8105 has also been codified in 25 U.S.C. Chapter 32A--Cultural and Heritage Cooperation Authority, section 3055 Forest Products for Traditional and Cultural Purposes.) Subject to certain statutory limitations, section 8105 allows the Secretary of Agriculture to provide Indian tribes with trees, portions of trees, or forest products for traditional and cultural purposes. Specifically, section 8105(a) provides that the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes. However, pursuant to section 8105(b), Indian tribes are prohibited from using any trees, portions of trees, or forest products provided under section 8105(a) for commercial purposes. While the 2008 Farm Bill does not define commercial purposes, it does define Indian tribe and traditional and cultural purpose. Section 8102(5) defines Indian tribe as any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). In addition, per section 8102(9), traditional and cultural purpose, with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature of the use, area, or practice to the Indian tribe. On December 2, 2009, the Forest Service published an Interim Directive (ID) to the Forest Service Handbook (FSH) 2409.18 to implement section 8105 of the 2008 Farm Bill. The ID was reissued, without change, effective March 8, 2011 (ID 2409.18-2011-1). On June 7, 2012, the Forest Service reissued the ID again (ID 2409.18-2012-2), and revised it to allow the Forest Service use of section 8105's authority during the rulemaking period. The June 7, 2012, ID extended the effective date of the 2011 ID to December 7, 2013. On December 6, 2013, the direction issued in ID 2409.18-2012-2 was reissued, without change, as ID 2409.18-2013-3, and will remain in effect until June 6, 2015. The ID established Forest Services' policy for providing Indian tribes with trees, portions of trees, or forest products for noncommercial traditional and cultural purposes. Based on the comments received on the ID during formal government-to-government consultation, as well as the Agency's experience using the ID to implement section 8105 over the last 3 1/2 years, the Agency is now publishing this proposed rule. This proposed rule adds section 223.15 to 36 CFR Part 223, Subpart A. Section 223.15(a) authorizes Regional Foresters or designated Forest Officers to provide trees, portions of trees, or forest products to Indian tribes free of charge for noncommercial traditional and cultural purposes. Section 223.15(b) contains the 2008 Farm Bill's statutory definitions of "Indian tribe" and "traditional and cultural purpose," as well as the Forest Services' regulatory definition of "tribal officials." Sections 223.15(c) and (d) describe who can request trees, portions of trees, or forest products for noncommercial traditional and cultural purposes, and where those requests should be directed. Tribal Officials should submit requests for forest products to their local Forest Service District Ranger's office for routing to the appropriate designated authority. In addition, Tribal Officials are encouraged to explain their requests to the Regional Forester or designated Forest Officer, and if necessary, how the request fits a noncommercial traditional and cultural purpose. A designated Forest Officer is an individual whom the Regional Forester has granted written authority to provide products under section 223.15. Currently, there is no limitation on the number of requests or authorizations per unit of a forest product or the number of requests or authorizations per Indian tribe. There is currently no limitation on the amount of trees, portions of trees, or forest products that can be requested at any one time. However, Forest Officers cannot grant materials in excess of the value limitations at section 223.15(e) in any given fiscal year. Section 223.15(f) explains that the Forest Service may condition or deny requests for trees, portions of trees, or forest products under section 223.15. Finally, section 223.15(g) provides that all decisions made under section 223.15 must comply with relevant land management plans, the National Environmental Policy Act, the Endangered Species Act, and all other applicable laws, regulations, and policies. The Forest Service will do its best to process requests received in a reasonable period of time, in light of these statutory and regulatory requirements. [*Federal RegisterVJ 2014-07-31] For more information about Targeted News Service products and services, please contact: Myron Struck, editor, Targeted News Service LLC, Springfield, Va., 703/304-1897; [email protected]; http://targetednews.com. TNS 22VistaJ-140731-1170691 (c) 2014 Targeted News Service |