[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR219.35]

[Page 55-56]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 219--PLANNING--Table of Contents
 
 Subpart A--National Forest System Land and Resource Management Planning
 
Sec. 219.35  Transition.

    (a) The transition period begins on November 9, 2000 and ends upon 
the completion of the revision process (Sec. 219.9) for each unit of the 
National

[[Page 56]]

Forest System. During the transition period, the responsible official 
must consider the best available science in implementing and, if 
appropriate, amending the current plan.
    (b) Until the Department promulgates the revised final planning 
regulations announced in the December 3, 2001, Semiannual Unified Agenda 
of Federal Regulatory and Deregulatory Actions, a responsible official 
may elect to continue or to initiate new plan amendments or revisions 
under the 1982 planning regulations in effect prior to November 9, 2000 
(See 36 CFR parts 200 to 299, Revised as of July 1, 2001), or the 
responsible official may conduct the amendment or revision process in 
conformance with the provisions of this subpart. For the purposes of 
this paragraph, the reference to initiation of a plan amendment or 
revision means that the agency has issued a Notice of Intent or other 
public notification announcing the commencement of a plan amendment or 
revision as provided for in the Council on Environmental Quality 
regulations at 40 CFR 1501.7 or in Forest Service Handbook 1909.15, 
Environmental Policy and Procedures Handbook, section 11.
    (c) If a review of lands not suited for timber production is 
required before the completion of the revision process, the review must 
take place as described by the provisions of Sec. 219.28, except as 
provided in paragraph (b) of this section.
    (d) Site-specific decisions made by the responsible official 3 years 
from November 9, 2000 and afterward must be in conformance with the 
provisions of this subpart.
    (e) Within 1 year of November 9, 2000, the Regional Forester must 
withdraw the regional guide. When a regional guide is withdrawn, the 
Regional Forester must identify the decisions in the regional guide that 
are to be transferred to a regional supplement of the Forest Service 
directive system (36 CFR 200.4) or to one or more plans and give notice 
in the Federal Register of these actions. The transfer of direction from 
a regional guide to a regional supplement of the Forest Service 
directive system or to one or more plans does not constitute an 
amendment, revision, or site-specific action subject to Forest Service 
NEPA procedures.
    (f) Within 3 years after completion of the revision process for a 
unit, the responsible official must complete the first monitoring and 
evaluation report as required in Sec. 219.11(f).
    (g) Within 1 year of November 9, 2000, the Chief of the Forest 
Service must establish a schedule for completion of the revision process 
for each unit of the National Forest System.

                        Appendix A to Sec. 219.35

            Interpretive Rule Related to Paragraph 219.35(b)

    The Department is making explicit its preexisting understanding of 
paragraph (b) of this section with regard to the appeal or objection 
procedures that may be applied to amendments or revisions of land and 
resource management plans during the transition from the appeal 
procedures of 36 CFR part 217 in effect prior to November 9, 2000 (See 
CFR 36 parts 200 to 299, Revised as of July 1, 2000), to the objection 
procedures of Sec. 219.32 as follows:
    1. The option to proceed under the 1982 regulations or under the 
provisions of this subpart specifically includes the option to select 
either the administrative appeal and review procedures of 36 CFR part 
217 in effect prior to November 9, 2000, or the objection procedures of 
36 CFR 219.32.
    2. The Department interprets the term ``initiated,'' as used in 
paragraph (b) of this section, to indicate that the agency has issued a 
Notice of Intent or other public notification announcing the 
commencement of a plan revision or amendment as provided for in the 
Council on Environmental Quality regulations at 40 CFR 1501.7 or in 
Forest Service Handbook 1909.15, Environmental Policy and Procedures 
Handbook, section 11.

[65 FR 67568, Nov. 9, 2000, as amended at 66 FR 1865, Jan. 10, 2001; 66 
FR 27554, May 17, 2001; 67 FR 35434, May 20, 2002]

                               Definitions