Sale and Disposal of National Forest System Timber; Free Use to Individuals; Delegation of Authority, 523-525 [06-36]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Rules and Regulations]
[Pages 523-525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-36]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223

RIN 0596-AC09


Sale and Disposal of National Forest System Timber; Free Use to 
Individuals; Delegation of Authority

AGENCY: Forest Service, USDA.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule raises the value limit of timber that 
can be granted by line officers to individuals for use free of charge. 
Current regulations limit the value of free use timber that a 
designated forest officer can grant to an individual in a fiscal year 
to $20. Forest Supervisors are limited to $100 per year per individual 
and Regional Foresters are limited to $5,000 per year per individual. 
Free use exceeding $5,000 must be reviewed by the Chief of the Forest 
Service.
    The ability of the Forest Service to respond to legitimate requests 
for free use have been restricted by these limits as timber values have 
increased over the years. The Forest Service is raising the limits to 
$200 for forest officers, $5,000 for Forest Supervisors, and $10,000 
for Regional Foresters. Any request for free use in excess of $10,000 
in value would still require review by the Chief of the Forest Service. 
No other changes to the regulations concerning free use of timber are 
being proposed.

DATES: This interim final rule is effective January 4, 2006. Comments 
must be received in writing on or before March 6, 2006.

ADDRESSES: Send written comments to USDA Forest Service, Director 
Forest

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Management, 1400 Independence Avenue, SW., Mail Stop 1103, Washington, 
DC 20250-1103. Written comments also may be transmitted via the 
Internet to freeuse@fed.fs.us. Comments received on this interim final 
rule, including names and addresses where provided, are available for 
inspection in the office of the Director of Forest Management, Wing 
3NW, Yates Building, 201 14th Street, SW., Washington, DC 20250, 
between the hours of 8 a.m. and 4:30 p.m. Those wishing to inspect 
comments are encouraged to call ahead (202-205-0893) to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: Rod Sallee, Forest Management Staff, 
at (202) 205-1766, or Richard Fitzgerald, Forest Management Staff, 
(202) 205-1753.

SUPPLEMENTARY INFORMATION:

Background

    A presidential proclamation in 1891 authorized the creation of the 
Forest Reserves in the United States. The Organic Act of 1897, as 
amended, authorizes the Secretary of Agriculture to permit under 
``regulations to be prescribed by him, the use of timber and stone 
found upon such reservations, free of charge, by bona fide settlers, 
miners, residents, and prospectors for minerals, for firewood, fencing, 
buildings, needed by such persons for such purposes; such timber to be 
used within the State or Territory, respectively, where such 
reservations may be located.'' The General Land Office administered 
these lands until 1905, when the forest reserves were transferred to 
the newly created Forest Service. In 1905, Gifford Pinchot, chief 
forester, released a handbook titled The Use of the National Forest 
Reserves. This was a revision of previous regulations and instructions 
used to manage the forest reserves. This handbook, which came to be 
known as the Use Book, contained regulations concerning free use of 
timber as authorized by the 1897 Act. In regulations number 5 and 6, 
Gifford Pinchot established a value for free use at $20 in 1 year to a 
single applicant. This limit applied to ``All supervisors, all forest 
rangers and deputy forest rangers, and such other forest officers as 
the supervisor may designate * * *'' Value limits set in 36 Code of 
Federal Regulations (CFR) 223.8--Delegation of authority to approve 
free use by individuals--still reflect this original free use limit. In 
the ensuing period of time, higher limits were established for Forest 
Supervisors, Regional Foresters and the Chief of the Forest Service, 
but the limit for designated forest officers remained at $20. These 
limits were appropriate at the time they were set. However, the value 
of all forest products has increased significantly since those limits 
were set. Although forest products authorized under the terms of a free 
use permit are granted without charge, the establishment of value 
limits is a part of the monitoring and administration of the free use 
program.
    Higher value limits for free use timber will allow forest officers 
and Forest Supervisors more flexibility to handle legitimate free use 
requests. This is especially important when dealing with Native 
American traditional and treaty rights.

Good Cause Statement

    The Forest Service is issuing this interim final rule to raise the 
value limits of free use timber granted by various Forests Service 
employees. Implementing these higher value limits allows Regional 
Foresters, Forest Supervisors, and District Rangers greater flexibility 
to handle legitimate free use requests in light of current market 
values for timber. By issuing this as an interim final rule, delegated 
employees can immediately begin operating under these new value limits. 
Public comments could result in a re-evaluation of one or more of these 
value limits.
    This rulemaking merely updates regulations that comply with the 
terms of law and up-dates value limits that the Department considers 
obsolete. There is reason to believe that these changes are 
noncontroversial since it merely updates an existing regulation to 
reflect the current value of forest products.

Regulatory Certifications

Regulatory Impact

    This rule has been reviewed under USDA procedures and Executive 
Order 12866 on Regulatory Planning and Review. The Office of Management 
and Budget (OMB) has determined that this rule is not a significant 
regulatory action and is not subject to OMB review. This rule will not 
have an annual effect of $100 million or more on the economy. 
Implementation of higher free use value limits will not affect the 
economy, a sector of the economy, productivity, competition, jobs, or 
State or local governments. This rule will not interfere with an action 
taken or planned by another agency, but may raise new legal or policy 
issues; however, these legal and policy issues are not likely to be 
significant. This action consists of technical, administrative changes 
to regulations affecting how individual free use timber will be handled 
on National Forest System lands. Finally, this action will not alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients of such programs. 
Accordingly, this rule is not subject to OMB review under Executive 
Order 12866.

Regulatory Flexibility Act

    This rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.), and it is hereby certified 
that this action will not have a significant economic impact on a 
substantial number of small entities as defined by that act. The rule 
makes only technical, administrative changes to existing regulations 
dealing with individual free use authorities. There is no business 
association in this regulation with either large or small business 
entities.

Unfunded Mandates Reform

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the Department has assessed the effects of this rule on State, 
local, and tribal governments and the private sector. This rule does 
not compel the expenditure of $100 million or more by any State, local, 
or tribal governments or anyone in the private sector. Therefore, a 
statement under section 202 of the act is not required.

Environmental Impact

    This rule raises the value limits of timber that can be granted by 
various Forest Service employees to individuals for use free of charge. 
Free use timber has been authorized by law since 1897. The value of 
free use timber does not directly infer how much timber is removed, 
location, or manner of removal. Those issues are still controlled by 
the local line officer. Section 31.1b of Forest Service Handbook 
1909.15 (57 FR 43180; September 18, 1992) excludes from documentation 
in an environmental assessment or impact statement ``rules, 
regulations, or policies to establish Service-wide administrative 
procedures, program processes, or instructions.'' The agency's 
assessment is that this rule falls within this category of actions and 
that no extraordinary circumstances exist which would require 
preparation of an environmental assessment or environmental impact 
statement.

No Takings Implications

    This rule has been analyzed in accordance with the principles and

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criteria contained in Executive Order 12630. It has been determined 
that the rule does not pose the risk of a taking of private property. 
There are no private property rights to be affected, because the 
authorization for free use only applies to timber on National Forest 
System lands.

Civil Justice Reform Act

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. If this rule were adopted, (1) all State and local laws 
and regulations that are in conflict with this rule or which would 
impede its full implementation would be preempted; (2) no retroactive 
effect may be given to this rule; and (3) it does not require 
administrative proceedings before parties may file suit in court 
challenging its provisions.

Controlling Paperwork Burdens On the Public

    This rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 and, therefore, imposes no paperwork burden on the 
public. Accordingly, the review provisions of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501, et seq.) and implementing regulations at 5 
CFR part 1320 do not apply.

List of Subjects in 36 CFR Part 223

    Administrative practice and procedure, Exports, Forests and forest 
products, Government Contracts, National forests, and Reporting and 
recordkeeping requirements.

0
For the reasons set forth in the preamble, Part 223 of Title 36 of the 
Code of Federal Regulations is amended as follows:

PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER

0
1. The Authority citation for Part 223 continues to read as follows:

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213; 16 
U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, unless otherwise 
noted.

Subpart A--General Provisions

0
2. Revise Sec.  223.8(a) to read as follows:


Sec.  223.8  Delegations of authority to approve free use by 
individuals.

    (a) Forest officers whom the supervisor may designate are 
authorized to grant free use of timber to individuals up to $200 in 
value in any one fiscal year. Supervisors may grant permits for 
material not exceeding $5,000 in value. Regional Foresters may approve 
permits for larger amounts, and in times of emergency may delegate 
authority to supervisors for not over $10,000 in value. Prior review by 
the Chief of the Forest Service will be given if the amount involved 
exceeds $10,000 in value.
* * * * *

    Dated: December 28, 2005.
Mark Rey,
Under Secretary, Natural Resources and Environment.
[FR Doc. 06-36 Filed 1-3-06; 8:45 am]
BILLING CODE 3410-11-P