Status of the Tongass National Forest Land and Resource

B-275178 Jul 03, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Murkowski Chairman Committee on Energy and Natural Resources United States Senate The Honorable Don Young Chairman Committee on Resources House of Representatives This is in response to your joint letter. Is a "rule" under the provisions of the Small Business Regulatory Enforcement Fairness Act (SBREFA). 5 U.S.C. The Forest Service classifies the Plan as "non-major." /1/ We have informally requested but have not received the views of the Department of Agriculture and the Office of Management and Budget on the applicability of chapter 8. To each House of Congress and the General Accounting Office was necessary in order for the rule to become effective. " is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. View Decision Status of the Tongass National Forest Land and Resource Management Plan Under the Small Business Regulatory Enforcement Fairness Act, B-275178, July 3, 1997 The Honorable Ted Stevens Chairman Committee on Appropriations United States Senate The Honorable Frank H. Murkowski Chairman Committee on Energy and Natural Resources United States Senate The Honorable Don Young Chairman Committee on Resources House of Representatives This is in response to your joint letter, dated June 5, 1997, requesting our views on whether the Tongass National Forest Land and Resource Management Plan, issued by the United States Forest Service, Department of Agriculture, and signed on May 23, 1997, is a "rule" under the provisions of the Small Business Regulatory Enforcement Fairness Act (SBREFA). 5 U.S.C. Sec. 801 et seq. On June 18, 1997, the Chief of the Forest Service forwarded copies of the Plan to both Houses of Congress and our Office following the procedures outlined in chapter 8 of title 5 of the United States Code. However, the transmittal letter accompanying the Plan stated that "The Forest Service does not consider land and resource management plans to be subject to the requirements of 5 U.S.C. Sec. 800." In addition, on the "Congressional Notice and Review Report" attached to the transmittal letter, the Forest Service classifies the Plan as "non-major." /1/ We have informally requested but have not received the views of the Department of Agriculture and the Office of Management and Budget on the applicability of chapter 8. For the reasons which follow, we conclude that the Tongass Plan constitutes a "rule" as defined in 5 U.S.C. Sec. 804(3). Therefore, submittal of a report, as required by 5 U.S.C. Sec. 801 (a) (1) (A), to each House of Congress and the General Accounting Office was necessary in order for the rule to become effective. If the Office of Information and Regulatory Affairs determines the rule to be major, the effective date must be delayed for 60 days after the submission of the report. Rules Subject to Congressional Review Chapter 8 of title 5, United States Code, entitled "Congressional Review of Agency Rulemaking," is designed to keep Congress informed about the rulemaking activities of federal agencies and to allow for congressional review of rules. The requirements of chapter 8 take precedence over any other provision of law. /2/ Section 801 (a) (1) provides that before a rule becomes effective, the agency promulgating the rule must submit to each House of Congress and to the Comptroller General a report containing: " (i) a copy of the rule; "(ii) a concise general statement relating to the rule, including whether it is a major rule; and "(iii) the proposed effective date of the rule." On the date the report is submitted, the agency also must submit to the Comptroller General and make available to each House of Congress certain other documents, including a cost-benefit analysis, if any, and agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. Sec. 601 et seq., and the Unfunded Mandates Reform Act of 1995, 5 U.S.C. Sec. 202 et seq., and any other relevant information or requirements under any other legislation or any relevant executive orders. 5 U.S.C. Secs. 801 (a) (1) (B) (i)-(iv). Once a rule, whether determined to be a major rule or not, is submitted in accordance with section 801 (a) (1), special procedures for congressional consideration of a joint resolution of disapproval are available for a period of 60 session days in the Senate or 60 legislative days in the House. 5 U.S.C. Sec. 802. These time periods can be extended upon a congressional adjournment. 5 U.S.C. Sec. 801 (d) (1). A major rule may not become effective until 60 days after it is submitted to Congress or published in the Federal Register, whichever is later. 5 U.S.C. Sec. 801 (a) (3) (A). Section 804(3) provides that for purposes of chapter 8, with some exclusions, the term "rule" has the same meaning given the term in 5 U.S.C. Sec. 551(4), which defines rules subject to the Administrative Procedure Act (APA).