[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR219.14] [Page 57-58] 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. 219.14 Effective dates and transition. (a) Effective dates. A plan, plan amendment, or plan revision is effective 30 days after publication of notice of its approval (Sec. 219.9(b)), except when a plan amendment is approved contemporaneously with a project or activity and applies only to the project or activity, in which case 36 CFR part 215 or part 218, subpart A, apply. (b) Transition period. For each unit of the National Forest System, the transition period begins on January 5, 2005 and ends on the unit's establishment of an EMS in accordance with Sec. 219.5 or on January 7, 2008 whichever comes first. (c) Initiation of plans, plan amendments, or plan revisions. For the purposes of this section, initiation means that the agency has provided notice under Sec. 219.9(b) or issued a Notice of Intent or other public notice announcing the commencement of the process to develop a plan, plan amendment, or plan revision. (d) Plan development, plan amendments, or plan revisions initiated during the transition period. (1) Plan development and plan revisions initiated after [[Page 58]] January 5, 2005 must conform to the requirements of this subpart, except that the plan for the Tongass National Forest may be revised once under this subpart or the planning regulations in effect before November 9, 2000. (2) Plan amendments initiated during the transition period may continue using the provisions of the planning regulations in effect before November 9, 2000 (See 36 CFR parts 200 to 299, Revised as of July 1, 2000) or may conform to the requirements of this subpart if the Responsible Official establishes an EMS in accordance with Sec. 219.5. (3) Plan amendments initiated after the transition period must conform to the requirements of this subpart. (e) Plan development, plan amendments, or plan revisions previously initiated. Plan development, plan amendments, or plan revisions initiated before the transition period may continue to use the provisions of the planning regulations in effect before November 9, 2000 (See 36 CFR parts 200 to 299, Revised as of July 1, 2000), or may conform to the requirements of this subpart, in accordance with the following: (1) The Responsible Official is not required to halt the process and start over. Rather, upon the unit's establishment of an EMS in accordance with Sec. 219.5, the Responsible Official may apply this subpart as appropriate to complete the plan development, plan amendment, or plan revision process. (2) The Responsible Official may elect to use either the administrative appeal and review procedures at 36 CFR part 217 in effect prior to November 9, 2000, (See 36 CFR parts 200 to 299, Revised as of July 1, 2000), or the objection procedures of this subpart, except when a plan amendment is approved contemporaneously with a project or activity and applies only to the project or activity, in which case 36 CFR part 215 or part 218, subpart A, apply. (f) Management indicator species. For units with plans developed, amended, or revised using the provisions of the planning rule in effect prior to November 9, 2000, the Responsible Official may comply with any obligations relating to management indicator species by considering data and analysis relating to habitat unless the plan specifically requires population monitoring or population surveys for the species. Site- specific monitoring or surveying of a proposed project or activity area is not required, but may be conducted at the discretion of the Responsible Official. [70 FR 1055, Jan. 5, 2005, as amended at 71 FR 10838, Mar. 3, 2006]