Special Uses; Land Use Fees; Temporary Land Use Fee Reductions for Recreation Residence Permits, 67694-67697 [2023-21564]
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67694
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules
(f) Applicability dates—(1)
Paragraphs (a) through (d). Paragraphs
(a) through (d) of this section apply to
deposits and payments made after
March 31, 2013. For rules that apply
before March 31, 2013, see 26 CFR part
40, revised as of April 1, 2012.
(2) Paragraph (e). Paragraph (e) of this
section applies to calendar quarters
beginning on or after October 1, 2023.
For rules that apply before October 1,
2023, see 26 CFR part 40, revised as of
April 1, 2023.
■ Par. 5. Add part 47 to read as follows:
Sec.
47.5000D–0 Table of contents.
47.5000D–1 Introduction.
47.5000D–2–47.5000D–3 [Reserved]
Authority: 26 U.S.C. 7805.
Section 47.5000D–1 also issued under 26
U.S.C. 5000D.
Table of contents.
This section lists the table of contents
for §§ 47.5000D–1 through 47.5000D–3.
§ 47.5000D–1
Introduction.
(a) In general.
(b) Applicability date.
§§ 47.5000D–2 and 47.5000D–3
§ 47.5000D–1
[Reserved]
Introduction.
(a) In general. The regulations in this
part are designated the Designated
Drugs Excise Tax Regulations. The
regulations in this part relate to the tax
imposed by section 5000D of the
Internal Revenue Code. See part 40 of
this chapter for regulations relating to
returns, payments, and other procedural
rules applicable to this part.
(b) Applicability date. This section
applies to returns filed for calendar
quarters beginning on or after October 1,
2023.
§§ 47.5000D–2–47.5000D–3
[Reserved]
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
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Forest Service
36 CFR Parts 214 and 251
RIN 0596–AD56
Special Uses; Land Use Fees;
Temporary Land Use Fee Reductions
for Recreation Residence Permits
AGENCY:
Forest Service, Agriculture
(USDA).
Proposed rule; request for
public comment.
ACTION:
The Forest Service (Forest
Service or Agency), United States
Department of Agriculture, is proposing
to update its special uses regulations,
consistent with the requirement in the
Cabin Fee Act, to provide for
suspension or temporary reduction of
the land use fee for a recreation
residence permit if access to, or
occupancy of, the recreation residence
is significantly restricted.
DATES: Comments on the proposed rule
must be received in writing by
December 1, 2023.
ADDRESSES: Comments, identified by
RIN 0596–AD56, may be submitted via
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for sending comments.
• Mail: Director, Lands Staff, 201 14th
Street SW, Washington, DC 20250–1124.
• Hand Delivery: Director, Lands,
Minerals, and Geology Management
Staff, 1st Floor Southeast, 201 14th
Street SW, Washington, DC 20250–1124.
Comments should be confined to
issues pertinent to the proposed rule;
should explain the reasons for any
recommended changes; and should
reference the specific section and
wording being addressed, where
possible. All timely comments,
including names and addresses when
provided, will be placed in the record
and will be available for public review
and copying. The public may review
comments at the Office of the Director,
Lands, Minerals, and Geology
Management Staff, Sidney R. Yates
Federal Building, 1st Floor Southeast,
201 14th Street SW, Washington, DC, on
business days between 8:30 a.m. and
4:00 p.m. Visitors are encouraged to call
ahead at (202) 205–3563 to facilitate
entry into the building. Comments may
also be viewed on the Federal
eRulemaking Portal at https://
www.regulations.gov. In the search box,
enter ‘‘RIN 0596–AD56’’ and click the
‘‘Search’’ button.
FOR FURTHER INFORMATION CONTACT:
Brandon Smith, Lands, Minerals, and
SUMMARY:
PART 47—DESIGNATED DRUGS
EXCISE TAX REGULATIONS
§ 47.5000D–0
DEPARTMENT OF AGRICULTURE
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Geology Management Staff, (406) 491–
1605 or brandon.c.smith@usda.gov.
Individuals who use telecommunication
devices for the hearing impaired may
call the Federal Relay Service at (800)
877–8339 between 8:00 a.m. and 8:00
p.m., Eastern Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
Background
The Forest Service administers the
use and occupancy of National Forest
System lands through issuance of
special use authorizations. The Forest
Service administers approximately
74,000 special use authorizations,
including nearly 14,000 recreation
residence permits on National Forest
System lands spread across 24 states
and 114 national forests. Recreation
residences are privately owned cabins
that have been authorized on National
Forest System lands since 1915. Like
other types of special use
authorizations, permits for recreation
residences are subject to an annual land
use fee, payable in advance at the
beginning of the calendar year.
Need for the Proposed Rule
The Cabin Fee Act of 2014 (16 U.S.C.
6214) establishes a tiered fee structure
for the use and occupancy of recreation
residences on National Forest System
lands. Section 2(f)(3)(A) of the Cabin
Fee Act requires the Forest Service to
establish criteria by which the annual
land use fee for a recreation residence
permit may be suspended or
temporarily reduced if access to, or
occupancy of, the recreation residence
is significantly restricted. Section
2(f)(3)(B) of the Cabin Fee Act requires
the determination of whether to
suspend or temporarily reduce the
annual land use fee for a recreation
residence permit to be administratively
appealable.
Proposed Revisions to 36 CFR Part 214
The proposed rule would amend 36
CFR 214.4(c) by adding paragraph (6) to
provide for appeal of a decision of
whether to temporarily reduce the
annual land use fee for a recreation
residence permit during significantly
restricted access to, or occupancy of, the
recreation residence.
Proposed Revisions to 36 CFR Part 251,
Subpart B
The proposed rule would add a
definition to 36 CFR 251.51 for the term
‘‘significantly restricted access to, or
occupancy of, a recreation residence,’’
which would be defined as when access
to, or occupancy of, a recreation
residence is prohibited by law for a
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period of at least 30 consecutive
calendar days (a) by an order issued
under 36 CFR part 261, subpart B,
closing an area including the National
Forest System lands occupied by the
recreation residence or closing a
National Forest System road providing
the sole access to the recreation
residence to address public health or
safety concerns, such as severe risk of
fire or flooding or (b) by a State or
county department of transportation
imposing a round-the-clock closure of a
State or county road providing the sole
access to a recreation residence. The
objectivity and simplicity of this
definition would avoid the need for a
detailed factual inquiry or exercise of
discretion, thereby facilitating and
enhancing consistency in
implementation.
The definition for ‘‘significantly
restricted access to, or occupancy of, a
recreation residence’’ would not include
other situations where access to, or
occupancy of, the recreation residence
is restricted, such as situations where
the recreation residence cannot be
accessed or occupied because a private
access road or the recreation residence
has not been adequately maintained or
where a private access road or the
recreation residence has been destroyed
or substantially damaged. The Agency
believes these situations should be
outside the scope of the temporary land
use fee reduction, consistent with the
risk of loss clause in the term special
use permit for recreation residences.
The proposed rule would amend 36
CFR 251.57 by adding paragraph (j) to
provide for temporarily reducing the
annual land use fee for a recreation
residence permit during significantly
restricted access to, or occupancy of, the
recreation residence. For consistency
and ease of implementation, the
proposed rule would provide for
temporarily reducing the land use fee
proportionate to the number of days of
significantly restricted access to, or
occupancy of, the recreation residence,
rather than for suspending the land use
fee after significantly restricted access
to, or occupancy of, the recreation
residence has reached a specified
number of days. A temporary land use
fee reduction would be calculated by
dividing the annual land use fee for the
recreation residence by 365 to
determine the daily land use fee and
then multiplying the daily land use fee
by the number of days of significantly
restricted access to, or occupancy of, the
recreation residence. For ease of
administration, if significantly restricted
access to, or occupancy of, a recreation
residence includes part of one day, that
day would be counted as a whole day.
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A temporary land use fee reduction
during significantly restricted access to,
or occupancy of, a recreation residence
would be applied to the annual land use
fee for the recreation residence permit
for the following year.
The proposed rule would have no
effect on the risk of loss clause in term
special use permits for recreation
residences, other than by providing for
temporarily reducing the annual land
use fee for a recreation residence permit
in accordance with the terms of the
proposed rule, consistent with the Cabin
Fee Act. The proposed rule would have
no effect on any other type of special
use or special use authorization.
Regulatory Certifications
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will determine whether a
regulatory action is significant and will
review significant regulatory actions.
The Office of Information and
Regulatory Affairs has determined that
this proposed rule is not significant.
Executive Order 13563 reaffirms the
principles of Executive Order 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 Agency
has developed the proposed rule
consistent with Executive Order 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.), the Office of Information and
Regulatory Affairs has designated this
proposed rule as not a major rule as
defined by 5 U.S.C. 804(2).
National Environmental Policy Act
The proposed rule would update the
Agency’s regulations consistent with the
requirement in the Cabin Fee Act to
provide for a suspension or temporary
reduction in the land use fee for a
recreation residence permit if access to,
or occupancy of, the recreational
residence is significantly restricted.
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
Agency’s preliminary assessment is that
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this proposed 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. A final
determination will be made upon
adoption of the final rule.
Regulatory Flexibility Act Analysis
The Agency has considered the
proposed rule under the requirements of
the Regulatory Flexibility Act (5 U.S.C.
602 et seq.). The proposed rule would
update the Agency’s regulations
consistent with the requirement in the
Cabin Fee Act to provide for a
suspension or temporary reduction in
the land use fee for a recreation
residence permit if access to, or
occupancy of, the recreational residence
is significantly restricted. This proposed
rule would not have any direct effect on
small entities as defined by the
Regulatory Flexibility Act. The
proposed rule would not impose
recordkeeping requirements on small
entities; would not affect their
competitive position in relation to large
entities; and would not affect their cash
flow, liquidity, or ability to remain in
the market. Therefore, the Forest Service
has determined that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities pursuant to the Regulatory
Flexibility Act.
Federalism
The Agency has considered the
proposed rule under the requirements of
Executive Order 13132, Federalism. The
Agency has determined that the
proposed rule conforms with the
federalism principles set out in this
executive order; would not impose any
compliance costs on the States; and
would 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 Agency has concluded that the
proposed rule does not have federalism
implications.
Consultation and Coordination With
Indian Tribal Governments
Executive Order 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
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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.
The proposed rule would update the
Agency’s regulations consistent with the
requirement in the Cabin Fee Act to
provide for a suspension or temporary
reduction in the land use fee for a
recreation residence permit if access to,
or occupancy of, the recreational
residence is significantly restricted. The
Agency has reviewed this proposed rule
in accordance with the requirements of
Executive Order 13175 and has
determined that this proposed rule
would 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.
Order 12988, Civil Justice Reform. After
adoption of the proposed rule, (1) all
State and local laws and regulations that
conflict with the proposed rule or that
impede its full implementation would
be preempted; (2) no retroactive effect
would be given to the proposed rule;
and (3) it would not require
administrative proceedings before
parties may file suit in court challenging
its provisions.
Environmental Justice
The Agency has considered the
proposed rule under the requirements of
Executive Order 12898, Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations. The Forest Service has
determined that the proposed rule is not
expected to result in disproportionately
high and adverse impacts on minority or
low-income populations or the
exclusion of minority and low-income
populations from meaningful
involvement in decision-making.
The proposed rule does not contain
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.
No Takings Implications
The Agency has analyzed the
proposed rule in accordance with the
principles and criteria in Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights. The Agency
has determined that the proposed rule
would not pose the risk of a taking of
private property.
Administrative practice and
procedure, National forests.
Energy Effects
The Agency has reviewed the
proposed rule under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that the proposed rule
would not constitute a significant
energy action as defined in Executive
Order 13211.
Civil Justice Reform
The Forest Service has analyzed the
proposed rule in accordance with the
principles and criteria in Executive
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Unfunded Mandates
Pursuant to title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), the Agency has assessed
the effects of the proposed rule on State,
local, and Tribal governments and the
private sector. The proposed rule would
not compel the expenditure of $100
million or more by any State, local, or
Tribal government or anyone in the
private sector. Therefore, a statement
under section 202 of the Act is not
required.
Controlling Paperwork Burdens on the
Public
List of Subjects
36 CFR Part 214
36 CFR Part 251
Administrative practice and
procedure, Alaska, Electric power,
Mineral resources, National forests,
Public lands—rights-of-way, Reporting
and recordkeeping requirements, Water
resources.
Therefore, for the reasons set forth in
the preamble, the Forest Service
proposes to amend chapter II of title 36
of the Code of Federal Regulations as
follows:
PART 214—POSTDECISIONAL
ADMINISTRATIVE REVIEW PROCESS
FOR OCCUPANCY OR USE OF
NATIONAL FOREST SYSTEM LANDS
AND RESOURCES
1. The authority citation for part 214
continues to read as follows:
■
Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472,
551.
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2. Amend § 214.4 by adding paragraph
(c)(6) to read as follows:
■
§ 214.4
Decisions that are appealable.
*
*
*
*
*
(c) * * *
*
*
*
*
*
(6) A decision of whether to
temporarily reduce the annual land use
fee for a recreation residence permit
during a period of significantly
restricted access to, or occupancy of, the
recreation residence.
*
*
*
*
*
PART 251—LAND USES
Subpart B—Special Uses
3. The authority citation for part 251,
subpart B, continues to read as follows:
■
Authority: 16 U.S.C. 460l–6a, 460l–6d,
472, 497b, 497c, 551, 580d, 1134, 3210; 30
U.S.C. 185; 43 U.S.C. 1740, 1761–1772.
4. Amend § 251.51 by adding in
alphabetical order a definition for
‘‘significantly restricted access to, or
occupancy of, a recreation residence’’ to
read as follows:
■
§ 251.51
Definitions.
*
*
*
*
*
Significantly restricted access to, or
occupancy of, a recreation residence—
When access to, or occupancy of, a
recreation residence is prohibited by
law for a period of at least 30
consecutive calendar days (a) by an
order issued under 36 CFR part 261,
subpart B, closing an area including the
National Forest System lands occupied
by the recreation residence or closing a
National Forest System road providing
the sole access to the recreation
residence to address public health or
safety concerns, such as severe risk of
fire or flooding or (b) by a State or
county department of transportation
imposing a round-the-clock closure of a
State or county road providing the sole
access to a recreation residence.
*
*
*
*
*
■ 5. Amend § 251.57 by revising the title
and adding paragraph (j) to read as
follows:
§ 251.57
Land use fees.
*
*
*
*
*
(j) The annual land use fee for a
recreation residence permit shall be
temporarily reduced during periods of
significantly restricted access to, or
occupancy of, the recreation residence.
A temporary land use fee reduction for
significantly restricted access to, or
occupancy of, a recreation residence
shall be calculated by dividing the
annual land use fee for the recreation
residence permit by 365 to determine
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules
the daily land use fee and then
multiplying the daily land use fee by the
number of days of significantly
restricted access to, or occupancy of, the
recreation residence. If significantly
restricted access to, or occupancy of, the
recreation residence includes part of
one day, that day shall be counted as a
whole day. A temporary land use fee
reduction during significantly restricted
access to, or occupancy of, a recreation
residence shall be applied as a credit to
the annual land use fee for the
recreation residence permit for the
following year.
Homer Wilkes,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2023–21564 Filed 9–29–23; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Ch. I
[Docket ID FEMA–2023–0026]
RIN 1660–AB12
FEMA Proposed Policy: Federal Flood
Risk Management Standard (FFRMS)
Federal Emergency
Management Agency, DHS.
ACTION: Request for comments.
AGENCY:
The Federal Emergency
Management Agency (FEMA) is
accepting comments on the proposed
FEMA policy, Federal Flood Risk
Management Standard (FFRMS). This
proposed policy would provide detail,
consistent with applicable regulations,
on applicability, processes, resources,
and responsibilities for implementing
the FFRMS as part of FEMA’s 8-step
decision making process for carrying out
the directives of Executive Order 11988,
Floodplain Management, as amended.
DATES: Comments must be received by
December 1, 2023.
ADDRESSES: You may submit comments,
identified by Docket ID: FEMA–2023–
0026, via the Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions for submitting
comments.
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SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Portia Ross, Policy and Integration
Division Director, Office of
Environmental Planning and Historic
Preservation, Resilience, DHS/FEMA,
400 C St. SW, Suite 313, Washington,
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DC 20472–3020. Phone: (202) 709–0677;
Email: fema-regulations@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: FEMA is
proposing to issue a policy
complementary to 44 CFR part 9,
Floodplain Management and Protection
of Wetlands, which governs FEMA’s
implementation the Federal Flood Risk
Management Standard (FFRMS). This
policy would facilitate implementation
of FFRMS and bolster the resilience of
communities and Federal assets against
the impacts of flooding.
Consistent with a proposed rule that
is published elsewhere in this issue of
the Federal Register, this proposed
policy would require that FEMA
determine the appropriate vertical flood
elevation and corresponding horizontal
FFRMS floodplain for Actions Subject
to the FFRMS using either the Climate
Informed Science Approach (CISA), the
Freeboard Value Approach (FVA), or the
0.2 Percent Annual Chance Flood
Approach (0.2PFA). Under the proposed
policy, FEMA would determine the
FFRMS flood elevation and
corresponding FFRMS floodplain
according to CISA for all locations
where CISA is available where the bestavailable, actionable hydrologic and
hydraulic data and methods that
integrate current and future changes in
flooding based on climate science exist.
When using CISA, for non-critical
actions the FFRMS floodplain would be
at least as restrictive as the 1% annual
chance (AC) flood elevation and
corresponding horizontal floodplain,
and for critical actions the FFRMS
floodplain would be at least as
restrictive as the 0.2% AC flood
elevation and corresponding horizontal
floodplain. For locations where CISA is
not available and actionable, FEMA
would determine the FFRMS elevation
and FFRMS floodplain for non-critical
actions by using the area that would be
inundated by the lower of the 0.2% AC
flood or +2-foot FVA. For critical
actions, FEMA would determine the
FFRMS elevation and FFRMS
floodplain using the area that would be
inundated by the higher of the 0.2% AC
flood or +3-foot FVA. (For locations
where information about the elevation
and/or extent of the 0.2% AC floodplain
is not available, the FFRMS floodplain
would be the +3-foot FVA for critical
actions and +2-foot FVA for non-critical
actions).
This policy would also outline
FEMA’s process to identify actions that
may receive substantial damage or
substantial improvement
determinations, require consideration of
natural features and nature-based
approaches as alternatives to a proposed
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action, explain requirements to
minimize flood risk, and encourage
early coordination when multiple
Federal agencies are jointly engaged in
an action to ensure a consistent
approach to determine which floodplain
determination is applied.
Authority: Executive Order 11988,
Floodplain Management, as amended
and implementing regulations of 44 CFR
part 9, among other authorities listed in
the proposed policy.
Deanne B. Criswell,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2023–21093 Filed 9–29–23; 8:45 am]
BILLING CODE 9111–66–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 205, 260, 261, and 263
RIN 0970–AC97
Strengthening Temporary Assistance
for Needy Families (TANF) as a Safety
Net and Work Program
Office of Family Assistance
(OFA); Administration for Children and
Families (ACF); Department of Health
and Human Services (HHS).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
ACF proposes to amend the
Temporary Assistance for Needy
Families (TANF) program regulations to
strengthen the safety net and reduce
administrative burden. This NPRM
encompasses a package of reforms to
ensure TANF programs are designed
and funds are used in accordance with
the statute. In addition, the package
includes provisions that are more
technical in nature and are designed to
reduce administrative burden and
increase program effectiveness.
DATES: In order to be considered, the
Department must receive written
comments on this NPRM on or before
December 1, 2023.
ADDRESSES: ACF encourages the public
to submit comments electronically to
ensure they are received in a timely
manner. You may submit comments,
identified by [docket number] and/or
Regulatory Information Number (RIN)
0970–AC99, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Proposed Rules]
[Pages 67694-67697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21564]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 214 and 251
RIN 0596-AD56
Special Uses; Land Use Fees; Temporary Land Use Fee Reductions
for Recreation Residence Permits
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Proposed rule; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service (Forest Service or Agency), United States
Department of Agriculture, is proposing to update its special uses
regulations, consistent with the requirement in the Cabin Fee Act, to
provide for suspension or temporary reduction of the land use fee for a
recreation residence permit if access to, or occupancy of, the
recreation residence is significantly restricted.
DATES: Comments on the proposed rule must be received in writing by
December 1, 2023.
ADDRESSES: Comments, identified by RIN 0596-AD56, may be submitted via
one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Mail: Director, Lands Staff, 201 14th Street SW,
Washington, DC 20250-1124.
Hand Delivery: Director, Lands, Minerals, and Geology
Management Staff, 1st Floor Southeast, 201 14th Street SW, Washington,
DC 20250-1124.
Comments should be confined to issues pertinent to the proposed
rule; should explain the reasons for any recommended changes; and
should reference the specific section and wording being addressed,
where possible. All timely comments, including names and addresses when
provided, will be placed in the record and will be available for public
review and copying. The public may review comments at the Office of the
Director, Lands, Minerals, and Geology Management Staff, Sidney R.
Yates Federal Building, 1st Floor Southeast, 201 14th Street SW,
Washington, DC, on business days between 8:30 a.m. and 4:00 p.m.
Visitors are encouraged to call ahead at (202) 205-3563 to facilitate
entry into the building. Comments may also be viewed on the Federal
eRulemaking Portal at https://www.regulations.gov. In the search box,
enter ``RIN 0596-AD56'' and click the ``Search'' button.
FOR FURTHER INFORMATION CONTACT: Brandon Smith, Lands, Minerals, and
Geology Management Staff, (406) 491-1605 or [email protected].
Individuals who use telecommunication devices for the hearing impaired
may call the Federal Relay Service at (800) 877-8339 between 8:00 a.m.
and 8:00 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background
The Forest Service administers the use and occupancy of National
Forest System lands through issuance of special use authorizations. The
Forest Service administers approximately 74,000 special use
authorizations, including nearly 14,000 recreation residence permits on
National Forest System lands spread across 24 states and 114 national
forests. Recreation residences are privately owned cabins that have
been authorized on National Forest System lands since 1915. Like other
types of special use authorizations, permits for recreation residences
are subject to an annual land use fee, payable in advance at the
beginning of the calendar year.
Need for the Proposed Rule
The Cabin Fee Act of 2014 (16 U.S.C. 6214) establishes a tiered fee
structure for the use and occupancy of recreation residences on
National Forest System lands. Section 2(f)(3)(A) of the Cabin Fee Act
requires the Forest Service to establish criteria by which the annual
land use fee for a recreation residence permit may be suspended or
temporarily reduced if access to, or occupancy of, the recreation
residence is significantly restricted. Section 2(f)(3)(B) of the Cabin
Fee Act requires the determination of whether to suspend or temporarily
reduce the annual land use fee for a recreation residence permit to be
administratively appealable.
Proposed Revisions to 36 CFR Part 214
The proposed rule would amend 36 CFR 214.4(c) by adding paragraph
(6) to provide for appeal of a decision of whether to temporarily
reduce the annual land use fee for a recreation residence permit during
significantly restricted access to, or occupancy of, the recreation
residence.
Proposed Revisions to 36 CFR Part 251, Subpart B
The proposed rule would add a definition to 36 CFR 251.51 for the
term ``significantly restricted access to, or occupancy of, a
recreation residence,'' which would be defined as when access to, or
occupancy of, a recreation residence is prohibited by law for a
[[Page 67695]]
period of at least 30 consecutive calendar days (a) by an order issued
under 36 CFR part 261, subpart B, closing an area including the
National Forest System lands occupied by the recreation residence or
closing a National Forest System road providing the sole access to the
recreation residence to address public health or safety concerns, such
as severe risk of fire or flooding or (b) by a State or county
department of transportation imposing a round-the-clock closure of a
State or county road providing the sole access to a recreation
residence. The objectivity and simplicity of this definition would
avoid the need for a detailed factual inquiry or exercise of
discretion, thereby facilitating and enhancing consistency in
implementation.
The definition for ``significantly restricted access to, or
occupancy of, a recreation residence'' would not include other
situations where access to, or occupancy of, the recreation residence
is restricted, such as situations where the recreation residence cannot
be accessed or occupied because a private access road or the recreation
residence has not been adequately maintained or where a private access
road or the recreation residence has been destroyed or substantially
damaged. The Agency believes these situations should be outside the
scope of the temporary land use fee reduction, consistent with the risk
of loss clause in the term special use permit for recreation
residences.
The proposed rule would amend 36 CFR 251.57 by adding paragraph (j)
to provide for temporarily reducing the annual land use fee for a
recreation residence permit during significantly restricted access to,
or occupancy of, the recreation residence. For consistency and ease of
implementation, the proposed rule would provide for temporarily
reducing the land use fee proportionate to the number of days of
significantly restricted access to, or occupancy of, the recreation
residence, rather than for suspending the land use fee after
significantly restricted access to, or occupancy of, the recreation
residence has reached a specified number of days. A temporary land use
fee reduction would be calculated by dividing the annual land use fee
for the recreation residence by 365 to determine the daily land use fee
and then multiplying the daily land use fee by the number of days of
significantly restricted access to, or occupancy of, the recreation
residence. For ease of administration, if significantly restricted
access to, or occupancy of, a recreation residence includes part of one
day, that day would be counted as a whole day. A temporary land use fee
reduction during significantly restricted access to, or occupancy of, a
recreation residence would be applied to the annual land use fee for
the recreation residence permit for the following year.
The proposed rule would have no effect on the risk of loss clause
in term special use permits for recreation residences, other than by
providing for temporarily reducing the annual land use fee for a
recreation residence permit in accordance with the terms of the
proposed rule, consistent with the Cabin Fee Act. The proposed rule
would have no effect on any other type of special use or special use
authorization.
Regulatory Certifications
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will
determine whether a regulatory action is significant and will review
significant regulatory actions. The Office of Information and
Regulatory Affairs has determined that this proposed rule is not
significant. Executive Order 13563 reaffirms the principles of
Executive Order 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 Agency has developed the proposed rule
consistent with Executive Order 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.), the Office of Information and Regulatory Affairs has
designated this proposed rule as not a major rule as defined by 5
U.S.C. 804(2).
National Environmental Policy Act
The proposed rule would update the Agency's regulations consistent
with the requirement in the Cabin Fee Act to provide for a suspension
or temporary reduction in the land use fee for a recreation residence
permit if access to, or occupancy of, the recreational residence is
significantly restricted. 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 Agency's preliminary assessment is that this
proposed 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. A final
determination will be made upon adoption of the final rule.
Regulatory Flexibility Act Analysis
The Agency has considered the proposed rule under the requirements
of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). The proposed
rule would update the Agency's regulations consistent with the
requirement in the Cabin Fee Act to provide for a suspension or
temporary reduction in the land use fee for a recreation residence
permit if access to, or occupancy of, the recreational residence is
significantly restricted. This proposed rule would not have any direct
effect on small entities as defined by the Regulatory Flexibility Act.
The proposed rule would not impose recordkeeping requirements on small
entities; would not affect their competitive position in relation to
large entities; and would not affect their cash flow, liquidity, or
ability to remain in the market. Therefore, the Forest Service has
determined that this proposed rule would not have a significant
economic impact on a substantial number of small entities pursuant to
the Regulatory Flexibility Act.
Federalism
The Agency has considered the proposed rule under the requirements
of Executive Order 13132, Federalism. The Agency has determined that
the proposed rule conforms with the federalism principles set out in
this executive order; would not impose any compliance costs on the
States; and would 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 Agency has concluded that the proposed
rule does not have federalism implications.
Consultation and Coordination With Indian Tribal Governments
Executive Order 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
[[Page 67696]]
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. The proposed rule
would update the Agency's regulations consistent with the requirement
in the Cabin Fee Act to provide for a suspension or temporary reduction
in the land use fee for a recreation residence permit if access to, or
occupancy of, the recreational residence is significantly restricted.
The Agency has reviewed this proposed rule in accordance with the
requirements of Executive Order 13175 and has determined that this
proposed rule would 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.
Environmental Justice
The Agency has considered the proposed rule under the requirements
of Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations. The Forest
Service has determined that the proposed rule is not expected to result
in disproportionately high and adverse impacts on minority or low-
income populations or the exclusion of minority and low-income
populations from meaningful involvement in decision-making.
No Takings Implications
The Agency has analyzed the proposed rule in accordance with the
principles and criteria in Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights. The
Agency has determined that the proposed rule would not pose the risk of
a taking of private property.
Energy Effects
The Agency has reviewed the proposed rule under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. The Agency has determined that the
proposed rule would not constitute a significant energy action as
defined in Executive Order 13211.
Civil Justice Reform
The Forest Service has analyzed the proposed rule in accordance
with the principles and criteria in Executive Order 12988, Civil
Justice Reform. After adoption of the proposed rule, (1) all State and
local laws and regulations that conflict with the proposed rule or that
impede its full implementation would be preempted; (2) no retroactive
effect would be given to the proposed rule; and (3) it would not
require administrative proceedings before parties may file suit in
court challenging its provisions.
Unfunded Mandates
Pursuant to title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), the Agency has assessed the effects of the proposed
rule on State, local, and Tribal governments and the private sector.
The proposed rule would not compel the expenditure of $100 million or
more by any State, local, or Tribal government or anyone in the private
sector. Therefore, a statement under section 202 of the Act is not
required.
Controlling Paperwork Burdens on the Public
The proposed rule does not contain 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 214
Administrative practice and procedure, National forests.
36 CFR Part 251
Administrative practice and procedure, Alaska, Electric power,
Mineral resources, National forests, Public lands--rights-of-way,
Reporting and recordkeeping requirements, Water resources.
Therefore, for the reasons set forth in the preamble, the Forest
Service proposes to amend chapter II of title 36 of the Code of Federal
Regulations as follows:
PART 214--POSTDECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR
OCCUPANCY OR USE OF NATIONAL FOREST SYSTEM LANDS AND RESOURCES
0
1. The authority citation for part 214 continues to read as follows:
Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 551.
0
2. Amend Sec. 214.4 by adding paragraph (c)(6) to read as follows:
Sec. 214.4 Decisions that are appealable.
* * * * *
(c) * * *
* * * * *
(6) A decision of whether to temporarily reduce the annual land use
fee for a recreation residence permit during a period of significantly
restricted access to, or occupancy of, the recreation residence.
* * * * *
PART 251--LAND USES
Subpart B--Special Uses
0
3. The authority citation for part 251, subpart B, continues to read as
follows:
Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 497b, 497c, 551,
580d, 1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1772.
0
4. Amend Sec. 251.51 by adding in alphabetical order a definition for
``significantly restricted access to, or occupancy of, a recreation
residence'' to read as follows:
Sec. 251.51 Definitions.
* * * * *
Significantly restricted access to, or occupancy of, a recreation
residence--When access to, or occupancy of, a recreation residence is
prohibited by law for a period of at least 30 consecutive calendar days
(a) by an order issued under 36 CFR part 261, subpart B, closing an
area including the National Forest System lands occupied by the
recreation residence or closing a National Forest System road providing
the sole access to the recreation residence to address public health or
safety concerns, such as severe risk of fire or flooding or (b) by a
State or county department of transportation imposing a round-the-clock
closure of a State or county road providing the sole access to a
recreation residence.
* * * * *
0
5. Amend Sec. 251.57 by revising the title and adding paragraph (j) to
read as follows:
Sec. 251.57 Land use fees.
* * * * *
(j) The annual land use fee for a recreation residence permit shall
be temporarily reduced during periods of significantly restricted
access to, or occupancy of, the recreation residence. A temporary land
use fee reduction for significantly restricted access to, or occupancy
of, a recreation residence shall be calculated by dividing the annual
land use fee for the recreation residence permit by 365 to determine
[[Page 67697]]
the daily land use fee and then multiplying the daily land use fee by
the number of days of significantly restricted access to, or occupancy
of, the recreation residence. If significantly restricted access to, or
occupancy of, the recreation residence includes part of one day, that
day shall be counted as a whole day. A temporary land use fee reduction
during significantly restricted access to, or occupancy of, a
recreation residence shall be applied as a credit to the annual land
use fee for the recreation residence permit for the following year.
Homer Wilkes,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2023-21564 Filed 9-29-23; 8:45 am]
BILLING CODE 3411-15-P
