90 FR 75 pgs. 16642-16644 - Grazing Advisory Boards

Type: RULEVolume: 90Number: 75Pages: 16642 - 16644
FR document: [FR Doc. 2025-06801 Filed 4-18-25; 8:45 am]
Agency: Agriculture Department
Sub Agency: Forest Service
Official PDF Version:  PDF Version
Pages: 16642, 16643, 16644

[top] page 16642

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 222

RIN 0596-AD67

Grazing Advisory Boards

AGENCY:

Forest Service, Agriculture (USDA).

ACTION:

Final rule.

SUMMARY:

The United States Department of Agriculture, Forest Service (Forest Service or Agency) is making purely technical, clarifying revisions to its existing regulations governing the establishment and maintenance of grazing advisory boards on National Forest System lands (NFS). The revisions remove the provisions for grazing advisory boards to ensure consistency of the existing regulations with governing statutes.

DATES:

This rule is effective May 21, 2025.

ADDRESSES:

Information on this final rule may be obtained via written request addressed to the Director, Natural Resources, USDA Forest Service, 201 14th Street NW, Washington, DC 20250-1124 or by email to SM.FS.RngMgmtWO@usda.gov.

FOR FURTHER INFORMATION CONTACT:


[top] Myra Black, Rangeland Program Manager at 208-867-8783 or by mail at 201 14th St. SW, Suite 2CE-02L, Washington, DC 20250. Individuals who use telecommunications devices for the hearing impaired may call 711 to reach the Telecommunications Relay Service, page 16643 24 hours a day, every day of the year, including holidays.

SUPPLEMENTARY INFORMATION:

This final rule makes purely technical, clarifying revisions to the Agency's existing regulations at 36 CFR 222.11 governing grazing advisory boards on NFS lands. 36 CFR 222.11 contains requirements for the establishment and maintenance of grazing advisory boards as provided by 43 U.S.C. 1753, which expired on December 31, 1985, see Public Law 94-579, Title IV, Section 403(f). Therefore, the provisions at 36 CFR 222.11 are obsolete. This technical, clarifying revision does not formulate standards, criteria, or guidelines applicable to Forest Service programs and therefore does 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)).

Regulatory Certifications

Regulatory Planning and Review

Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will determine whether a regulatory action is significant as defined by E.O. 12866 and will review significant regulatory actions. OIRA has determined that this final rule is not significant as defined by E.O. 12866. 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 the final rule consistent with E.O. 13563.

Congressional Review Act

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 801 et seq. ), OIRA has designated this final rule as not a major rule as defined by 5 U.S.C. 804(2).

National Environmental Policy Act

The final rule will remove the requirements for the establishment and maintenance of grazing advisory boards, which expired on December 31, 1985. Forest Service regulations at 36 CFR 220.6(d)(2) exclude from documentation in an environmental assessment or environmental impact statement "rules, regulations, or policies to establish servicewide administrative procedures, program processes, or instructions." The Department's assessment is that this final rule falls within this category of actions and that no extraordinary circumstances exist which will require preparation of an environmental assessment or environmental impact statement.

Regulatory Flexibility Act

The Department has considered this final rule under 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. This 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 this final rule will not have federalism implications.

Consultation and Coordination With Indian Tribal Governments

E.O. 13175, Consultation and Coordination with Indian Tribal Governments, requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. This final rule will remove the requirements for the establishment and maintenance of grazing advisory boards, which expired on December 31, 1985. The Department has reviewed this final rule in accordance with the requirements of E.O. 13175 and has determined that this final rule will not have substantial direct effects on Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Therefore, consultation and coordination with Indian Tribal governments is not required for this proposed rule.

Family Policymaking Assessment

Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a Family Policymaking Assessment for a rule that may affect family well-being. The final rule will have no impact on the autonomy or integrity of the family as an institution. Accordingly, the Department has concluded that it is not necessary to prepare a Family Policymaking Assessment for the final rule.

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 Protect 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 not constitute a significant energy action as defined in E.O. 13211.

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 publication 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


[top] Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), 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 page 16644 compel the expenditure of $100 million or more, adjusted annually for inflation, in any 1 year by State, local, and Tribal governments in the aggregate or by the private sector. Therefore, a statement under section 202 of the Act is not required.

Paperwork Reduction Act

The final rule does not contain any recordkeeping or reporting requirements or other 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

36 CFR Part 222

National forests, Range management.

Therefore, for the reasons stated in the preamble, and under the authority of Public Law 94-579, Title IV, Section 403(f), the Department is amending 36 CFR part 222 as follows:

PART 222-RANGE MANAGEMENT

1. The authority citation for part 222 continues to read:

Authority:

7 U.S.C. 1010-1012, 5101-5106; 16 U.S.C. 551, 572, 5801; 31 U.S.C. 9701; 43 U.S.C. 1751, 1752, 1901; E.O. 12548 (51 FR 5985).

§?222.11 [Removed]

2. Remove §?222.11.

Kristin Sleeper,

Deputy Under Secretary Natural Resources and Environment.

[FR Doc. 2025-06801 Filed 4-18-25; 8:45 am]

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