United States
Department of
Agriculture
Forest
Service
Southern Region
1720 Peachtree Rd., NW
Atlanta, GA 30309
File Code:
1570-1
12-08-07-0001 (219)
Date: December 14, 2011
CERTIFIED MAIL R.R.R.
Mr. Charles Chapman
P.O. Box 154
Bude, MS 39630
Re: Appeal 12-08-07-0001 of Acting Forest Supervisor John Richard Lint’s
August 16, 2011, Decision to Amend the National Forests (NFs) in Mississippi Forest
Plan through Adoption of Amendment 19 for Protection of Red-Cockaded Woodpecker
(RCW) Habitat
Dear Mr. Chapman:
According to the authority granted me by 36 Code of Federal Regulations (CFR) 219, Interim
Appeal Regulation, this letter contains my decision on your Notice of Appeal (NOA) of the
subject Decision to Amend the NFs in Mississippi Forest Plan through Adoption of Amendment
19, replacing Interim Standards and Guidelines for the Protection and Management of RCW
Habitat on the NFs in Mississippi.
BACKGROUND
On August 16, 2011, Acting Forest Supervisor John Richard Lint signed the Decision for this
project, with the Notice of Decision being published in the Clarion-Ledger Newspaper on
August 25, 2011. On October 17, 2011, I received your (NOA) which was accepted on
November 18, 2011.
RELIEF REQUESTED
You requested that the Decision be withdrawn.
DECISION
Based upon a thorough review of your NOA, Decision Notice, and Environmental Assessment
(EA) for Plan Amendment 19, I find that the Acting Forest Supervisor has complied with the
National Environmental Policy Act (NEPA); the National Forest Management Act (NFMA) and
the Forest Land and Resource Management Plan (FLRMP). Therefore, I am affirming the
Acting Forest Supervisor’s August 16, 2011, Decision.
Caring for the Land and Serving People
Printed on Recycled Paper
Appeal 12-08-07-0001 Plan Amendment 19 Chapman
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This constitutes the final administrative decision of the Department of Agriculture (36 CFR
219.16 (e)), unless the Chief, under his own volition, provides for discretionary review*.
DISCUSSION OF ISSUES
Issue 1
Whether the decision maker can modify plan direction for a proposed/ tentative
Habitat Management Area for the Red-cockaded woodpecker (RCW).
The appellant contends, "[t]his decision wants to create a forest plan admentment to adopt the R.
C. W. Recovery Plan. But the R. C. W. Recovery Plan states that the Forest should have a H. M.
A. to implement the recovery plan in. The Homochitto has a propose H. M. A. and not a
permanent H. M. A. The Forest need to add a admentment to the plan that create a permanent H.
M. A. before Alternative 3 can be implemented, with out a H. M. A. the proposed admentment in
the decision is void" (Appeal, p. 1).
The Regional Forester amended the Land and Resource Management Plan for the NFs in
Mississippi [hereafter, the Forest Plan] in June, 1995 (Amendment 14), with the signing of the
Record of Decision for the Final Environmental Impact Statement (EIS) for the Management of
the RCW and its Habitat on National Forests in the Southern Region. This Amendment
"designates tentative Habitat Management Areas (HMAs) for suitable RCW habitat as shown in
Appendix D of the Final EIS for the Management of the RCW and its Habitat on National
Forests in the Southern Region" (Amendment 14, p. 1). The Amendment further states that,
"[t]hese tentative HMAs include suitable RCW habitat between the 3/4 mile radius circles
around active and inactive clusters currently protected by interim standards and guidelines…
These interim standards and guidelines will remain in effect within the 3/4 mile radius circles
until individual Forest Plans are further amended or revised…" (Amendment 14, p. 1).
In Appendix B of the Environmental Assessment (EA) for the Analysis Unit 23 Project, the NFs
in Mississippi proposed an amendment to the Forest Plan (Amendment 19). This proposal states,
"[t]his amendment conforms the NFs in Mississippi Land and Resource Management
Plan…regarding the Homochitto National Forest to incorporate the United States Fish and
Wildlife Service (USFWS) Red-cockaded Woodpecker (Picoides borealis) Recovery Plan [dated
2003]. This amendment will replace current guidance in the Forest Plan including The Interim
Standards and Guidelines for the Protection and Management of RCW Habitat within 3/4 miles
of colony sites with updated conservation and recovery strategies adopted by the USFWS in their
2003 Recovery Plan" (EA, p. 144).
Tentative Habitat Management Areas (HMA) were established around colonies [now referred to
as clusters] of RCWs by Forest Plan Amendment 14 in 1995. Amendment 14 states these
tentative HMAs will remain in effect until "further amended or revised" by "individual Forest
Plans" (Amendment 14, p. 1).
Amendment 19 amends new RCW management direction into the Forest Plan (EA, p. 144). The
Amendment reflects new science that evolved during the period between the new Recovery Plan
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(2003) and the older Recovery Plan (1985). It reflects the Forest Service's charge to both uses
the best available science for its management actions, as well as incorporates standards from the
most current version of the Recovery Plan into its management direction.
Finding
I find the Decision Notice properly modifies plan direction for a tentative Habitat Management
Area for the RCW.
Issue 2
Whether the public will have a chance to comment on the Habitat Management
Area.
The appellant contends that [T]he only time the public will have a chance to commit on the
HMA is when a Forest Plan admendment is proposed or the Forest Plan is revised.” (Appeal,
p.1).
The NFs in Mississippi Forest Plan was amended in June 1995 (Amendment 14). This process
included the opportunity for public comment. All subsequent Forest Plan amendments and
revisions will also include opportunities for public comment.
Finding
I find the decision adequately included opportunity for public comment.
Sincerely,
/s/Jerome Thomas
JEROME THOMAS
Appeal Deciding Officer
Deputy Regional Forester
*PLEASE NOTE: On January 18, 2012 the Washington Office Director of Ecosystem
Management, Tony Tooke, notified us that the Associate Deputy Chief for the National
Forest System, James M. Pena, in his capacity as reviewing officer for the Chief, elected not
to exercise discretionary review of this Decision.