Travel Management; Administration of the Forest Transportation System; Postdecisional Administrative Review Process for Occupancy or Use of National Forest System Lands and Resources; Land Uses; Special Uses, 84704-84710 [2023-26666]
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84704
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
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Dated: November 29, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023–26545 Filed 12–5–23; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 212, 214, and 251
RIN 0596–AD54
Travel Management; Administration of
the Forest Transportation System;
Postdecisional Administrative Review
Process for Occupancy or Use of
National Forest System Lands and
Resources; Land Uses; Special Uses
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
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36 CFR Part 212, Subpart A
The United States Department
of Agriculture, Forest Service (Forest
Service or Agency) is making purely
technical, clarifying revisions to its
existing regulations governing
administration of the forest
transportation system, administrative
appeal of certain written decisions
pertaining to written authorizations for
occupancy or use of National Forest
System (NFS) lands and resources, and
issuance and administration of special
use authorizations for use and
occupancy of NFS lands. The purely
technical, clarifying revisions update
citations and enhance consistency of the
existing regulations with governing
statutes.
DATES: This rule is effective December 6,
2023.
ADDRESSES: Information on this final
rule may be obtained via written request
addressed to the Director, Lands,
Minerals, and Geology Management,
USDA Forest Service, 201 14th Street
NW, Washington, DC 20250–1124 or by
email to SM.FS.WO_LandStaff@
usda.gov.
FOR FURTHER INFORMATION CONTACT:
Mark Chandler, Realty Specialist, (202)
205–1117 or mark.chandler@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 5:00
p.m., Eastern Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: This final
rule makes purely technical, clarifying
revisions to the Agency’s existing
regulations at 36 CFR 212.8, 214.4,
251.50, 251.51, 251.53, 251.54, 251.55,
SUMMARY:
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251.57, 251.58, 251.59, 251.60, 251.64,
and 251.124 governing administration of
the forest transportation system,
administrative appeal of certain written
decisions pertaining to written
authorizations for occupancy or use of
NFS lands and resources, and issuance
and administration of special use
authorizations for use and occupancy of
NFS lands. The purely technical,
clarifying revisions update citations and
enhance consistency of the existing
regulations with governing statutes.
These purely technical, clarifying
revisions do not formulate standards,
criteria, or guidelines applicable to
Forest Service programs and therefore
do 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)).
The Department is revising text in
§ 212.8(d)(5)(i) to track revisions being
made to § 251.60(a)(2)(i) and to provide
that a formal adjudicatory hearing is
required for revocation for nonuse of an
easement issued under the National
Forest Roads and Trails Act (FRTA).
36 CFR Part 214
The Department is revising
§ 214.4(c)(1)(i) to provide that
suspension or revocation of permits as
well as easements issued under the
Mineral Leasing Act (MLA) and
revocation for nonuse of an easement
issued under FRTA are not subject to
administrative appeal under 36 CFR
part 214. In contrast to the Federal Land
Policy and Management Act (FLPMA)
addressed in 36 CFR 251.53(l), the MLA
addressed in 36 CFR 251.53(e) requires
a formal adjudicatory proceeding for
suspension or revocation of permits as
well as easements (30 U.S.C.
185(o)(1)(C)). Therefore, suspension or
revocation of permits as well as
easements issued under the MLA must
be exempt from the informal
administrative appeal process under 36
CFR part 214. FRTA provides for a
formal hearing for revocation of an
easement for nonuse (16 U.S.C. 534).
36 CFR Part 251, Subpart B
§ 251.50
The Department is removing
paragraph (c)(3) of § 251.50, which
requires a special use authorization for
a noncommercial recreational activity if
required by an order issued under 36
CFR part 261, subpart B, or by a
regulation issued under 36 CFR part
261, subpart C. There is no basis for
issuance of such an order under 36 CFR
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part 261, subpart B. Moreover, there is
no need for issuance of such an order
or regulation because the Forest Service
has the authority to require a
noncommercial special recreation
permit under the Federal Lands
Recreation Enhancement Act and its
implementing directives in Forest
Service Handbook (FSH) 2309.13,
Chapter 30.
§ 251.51
The Department is revising the
definitions for ‘‘outfitting’’ and
‘‘guiding’’ by replacing the phrase
‘‘pecuniary remuneration’’ with the
word ‘‘monetary.’’ The revised language
is more contemporary and easier to
understand.
§ 251.53
The Department is revising § 251.53(a)
by changing the phrase ‘‘group events’’
to ‘‘noncommercial group use’’ and
deleting the phrase ‘‘and distribution of
noncommercial printed materials’’ for
authorizations issued under the Organic
Administration Act (16 U.S.C. 551). The
term of art per the definitions for special
uses in 36 CFR 251.51 is
‘‘noncommercial group use.’’ The
distribution of noncommercial printed
materials does not require a special use
authorization under 36 CFR 251.50(c).
The Department is adding paragraph
(o) to § 251.53 to include the Forest
Service’s authority under section 111 of
the National Historic Preservation Act of
1966 (54 U.S.C. 306121) to issue leases
for Federally owned historic properties
on NFS lands.
§ 251.54
The Department is revising
§ 251.54(d) through (g) to use
appropriate terminology when referring
to a proponent or a proposal and to
enhance clarity.
The Department is revising
§ 251.54(e)(1)(iv), which precludes
consideration of proposals for a
permanent use and occupancy of NFS
lands, to add an exception for
permanent easements issued under
FRTA (16 U.S.C. 533).
The Department is revising
§ 251.54(f)(1)(i) regarding who may
apply for an oil or gas pipeline right-ofway authorization for greater
consistency with the MLA (30 U.S.C.
181).
The Department is revising
§ 251.54(g)(3)(iii) to replace the citation
to 36 CFR part 215 with a citation to 36
CFR part 218. The postdecisional
administrative appeal process in 36 CFR
part 215 has been replaced with the
predecisional objection process in 36
CFR part 218.
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
§ 251.55
The Department is revising the second
sentence of § 251.55(a) to replace the
word ‘‘sublet’’ with the word ‘‘lease.’’
The word ‘‘sublet’’ is appropriate only
when the issued authorization is a lease.
Many special use authorizations are not
leases. The Department is making other
minor clarifications to the wording of
§ 251.55(a).
§ 251.57
The Department is changing the
heading of § 251.57 from ‘‘Rental fees’’
to ‘‘Land use fees.’’ The term ‘‘rent’’ is
associated with leases, and many
special use authorizations are not leases.
The Department is revising
§ 251.57(a)(2), consistent with section
504(g) of FLPMA (43 U.S.C. 1764(g)), to
authorize the Forest Service to require
either annual land use fee payments or
annual land use fee payments covering
more than one year, regardless of the
amount of the land use fee.
The Department is revising
§ 251.57(a)(3) by replacing the language
from and citation to the Cabin User Fee
Fairness Act with language from and
citation to the Cabin Fee Act. The Cabin
Fee Act (16 U.S.C. 6214) has supplanted
the Cabin User Fee Fairness Act (16
U.S.C. 6201–6213) as the authority for
land use fees for recreation residence
permits.
The Department is revising
§ 251.57(b) governing land use fee
waivers by adding text and removing
the word ‘‘or’’ at the end of paragraphs
(1) through (5) to clarify, consistent with
Forest Service directives, that if a holder
is ineligible for a land use fee waiver
under one criterion, the holder is
ineligible for a land use fee waiver
under any of the other criteria.
The Department is removing
§ 251.57(i). Paragraph (i) of § 251.57
addresses implementation of the Cabin
User Fee Fairness Act, which has been
superseded by the Cabin Fee Act of
2014.
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§ 251.58
The Department is revising
§ 251.58(d)(1) by replacing the phrase
‘‘scheduled inspections’’ with the
phrase ‘‘routine on-site reviews’’ to
distinguish between inspections, which
are the holder’s responsibility, and
monitoring, which is the Forest
Service’s responsibility.
The Department is revising
§ 251.58(i)(1) by changing the first
sentence from, ‘‘The Forest Service shall
maintain schedules for processing and
monitoring fees in its directive system
(36 CFR 200.4),’’ to ‘‘The Forest Service
shall maintain schedules for processing
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and monitoring fees on its website.’’ It
is more efficient to update a website
than a directive, and other Forest
Service land use fee schedules such as
the communications use rental fee
schedule are maintained on the Forest
Service’s website.
§ 251.59
The Department is clarifying § 251.59
by revising the first sentence, ‘‘If the
holder, through death, voluntary sale,
transfer, or through enforcement of a
valid legal proceeding or operation of
law, ceases to be the owner of the
authorized improvements, the
authorization terminates upon change of
ownership,’’ to read, ‘‘If the holder
through death, voluntary sale, transfer,
or enforcement of a valid legal
proceeding or operation of law ceases to
be the owner of the authorized
improvements, the special use
authorization terminates upon change of
ownership and issuance of a new
special use authorization to another
party for the authorized use and
occupancy.’’ This revision clarifies that
the existing holder is responsible for the
authorized use and occupancy until a
new authorization is issued. In addition,
the Department is revising § 251.59 to
clarify that an application and new
authorization are not necessary for
leases and easements issued under the
MLA, FRTA, or FLPMA and that
assignments of leases and easements are
subject to the terms of the applicable
authorization.
§ 251.60
In § 251.60, the Department is revising
paragraphs (a)(2)(i), (a)(2)(ii), and (c);
removing paragraph (d); designating
existing paragraphs (e) and (f) as
paragraphs (d) and (e); revising existing
paragraph (g) and redesignating it as
paragraph (f); removing paragraph (h);
and redesignating existing paragraph (i)
as paragraph (g), as discussed below.
The Department is revising paragraph
(a)(2)(i) by removing the exception for
permits and easements issued under the
MLA and easements issued under
FLPMA, adding an exception for
authorizations issued under FRTA, and
including separate bases for revocation
and suspension for authorizations
issued under FRTA. FLPMA and the
MLA provide for revocation and
suspension of land use authorizations
issued under those statutes, but the
current language in the regulations does
not include any bases for revocation or
suspension of authorizations issued
under FLPMA or the MLA. FRTA
provides for revocation only with the
grantee’s consent, by condemnation, or
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84705
after a 5-year period of nonuse (16
U.S.C. 534).
The Department is revising paragraph
(a)(2)(ii) to provide that suspension or
revocation of permits as well as
easements issued under the MLA and
revocation for nonuse of easements
issued under FRTA are not subject to
appeal under 36 CFR part 214. In
contrast to FLPMA, the MLA requires a
formal adjudicatory proceeding for
suspension or revocation of permits as
well as easements. Therefore,
suspension or revocation of permits as
well as easements issued under the
MLA must be exempt from the informal
administrative appeal process under 36
CFR part 214. FRTA provides for a
formal hearing for revocation of an
easement for nonuse (16 U.S.C. 534).
The Department is revising § 251.60(c)
by removing references to limiting and
terminating a right-of-way authorization
issued to a Federal entity. The reference
to limiting a right-of-way is redundant,
and the reference to terminating a rightof-way is incorrect. Termination of an
authorization occurs by operation of law
or by operation of a fixed or agreedupon condition, event, or time as
specified in an authorization, without
any action of the authorized officer (36
CFR 251.51). The correct term is
revocation, which occurs by action of
the authorized officer (36 CFR 251.51).
The Department is also revising
§ 251.60(c) to state that a special use
authorization issued to a Federal agency
under 36 CFR 251.53(l) may be
suspended or revoked only with the
concurrence of the head of that Federal
agency. Only authorizations issued to a
Federal agency under FLPMA are
subject to this restriction (43 U.S.C.
1767(b)). By statute, the consent must be
from the agency head. The Department
is also removing the word ‘‘termination’’
because it is defined in the special use
regulations to mean an action that
occurs by operation of law or by
operation of a fixed or agreed-upon
condition, event, or time as specified an
authorization, without any action of the
authorized officer.
The Department is removing
§ 251.60(d), which provides for notice to
and consultation with a Federal agency
before suspending or revoking a special
use authorization issued to that agency,
as this provision is unnecessary.
Preceding § 251.60(c) provides that an
authorization issued to a Federal entity
under FLPMA may be suspended or
revoked only with the Federal holder’s
consent. A Federal holder would not
consent to suspension or revocation of
an authorization issued under FLPMA
without notice and consultation.
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
The Department is revising and
redesignating existing § 251.60(g) as
§ 251.60(f) to clarify the requirements
for a formal adjudicatory proceeding for
revocation or suspension of an
authorization consistent with FLPMA
(43 U.S.C. 1766) and the MLA (30 U.S.C.
185(o)(1)) and to require a formal
adjudicatory proceeding for revocation
for nonuse of an easement issued under
FRTA (16 U.S.C. 534). The language in
existing § 251.60(g) is not entirely
consistent with FLPMA and the MLA.
FRTA provides for a formal hearing for
revocation for nonuse of an easement
upon request within 60 days of receipt
of notice (16 U.S.C. 534).
The Department is removing existing
§ 251.60(h) in its entirety and including
its contents in § 251.60(a)(2)(i). The
Department is redesignating existing
§ 251.60(i) as § 251.60(g).
§ 251.64
The Department is revising the title
and text of § 251.64 to track statutes
governing issuance of special use
authorizations and special use
authorization forms approved by the
Office of Management and Budget,
which provide for reauthorization of the
use and occupancy, not renewal of the
authorization, and which require
reauthorization of the use and
occupancy, subject to conditions, only
for authorizations issued under the
MLA (43 U.S.C. 185(n)) and priority use
outfitting and guiding permits (FSH
2709.14, Ch. 50, sec. 53.1m, para. 4).
Only permits and easements issued
under these authorities require
reauthorization of the use and
occupancy, subject to specified
conditions. Reauthorization of any other
type of use and occupancy is at the sole
discretion of the authorized officer.
36 CFR Part 251, Subpart E
§ 251.124
The Department is updating the
citation in the second sentence of
§ 251.124(b) by replacing ‘‘Forest
Service Handbook 2709.11, chapter 40,’’
with ‘‘Forest Service Handbook 2709.14,
Chapter 50.’’
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Regulatory Certifications
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Consistent with Executive Order
(E.O.) 12866, the Office of Information
and Regulatory Affairs (OIRA) in the
Office of Management and Budget will
determine whether proposed, interim,
and final rules that impose, eliminate,
or modify requirements on non-Forest
Service parties are significant and will
review any proposed, interim, or final
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rules that OIRA has designated as
significant. This final rule does not
impose, eliminate, or modify
requirements on non-Forest Service
parties and therefore does not require a
significance determination by OIRA.
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 this final
rule consistent with E.O. 13563.
Congressional Review Act
Since this final rule does not impose,
eliminate, or modify requirements on
non-Forest Service parties, it is not a
major rule as defined by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act, 5 U.S.C.
804(2)).
National Environmental Policy Act
This final rule will make only
technical, clarifying revisions to existing
Forest Service regulations at 36 CFR
part 212, subpart A, part 214, and part
251, subparts B and E. Forest Service
regulations at 36 CFR 220.6(d)(2) (73 FR
43093) exclude from documentation in
an environmental assessment or
environmental impact statement ‘‘rules,
regulations, or policies to establish
service-wide administrative procedures,
program processes, or instructions.’’ The
Department has concluded that this
final 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.
Regulatory Flexibility Act Analysis
The Department has considered this
final rule under the requirements of 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. The
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.
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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 the final
rule does not have federalism
implications.
Consultation With Tribal Governments
The Department has reviewed this
final rule in accordance with the
requirements of E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments. The
Department has determined that
national Tribal consultation is not
necessary for the final rule. The final
rule, which will make only technical,
clarifying revisions to existing Forest
Service regulations in 36 CFR part 212,
subpart A, part 214, and part 251,
subparts B and E, does not impose,
eliminate, or modify requirements on
non-Forest Service parties and therefore
does not have any direct effects on
Tribes.
Environmental Justice
The Department has considered the
final rule under the requirements of E.O.
12898, Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations. The final rule, which will
make only technical, clarifying revisions
to existing Forest Service regulations in
36 CFR part 212, subpart A, part 214,
and part 251, subparts B and E, does not
impose, eliminate, or modify
requirements on non-Forest Service
parties and therefore will not 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 Department has analyzed the
final rule in accordance with the
principles and criteria in E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights. The Department has determined
that the final rule will not pose the risk
of a taking of private property.
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
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, and OIRA has
not otherwise designated the final rule
as a significant energy action.
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 issuance 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
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), signed into law on March
22, 1995, 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
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 final rule does not contain
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.
Highways and roads, National forests,
Public lands-rights-of-way,
Transportation.
36 CFR Part 214
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Subpart A—Administration of the
Forest Transportation System
1. The authority citation for part 212,
subpart A, continues to read as follows:
■
Authority: 16 U.S.C. 551, 23 U.S.C. 205.
2. Amend § 212.8 by revising
paragraph (d)(5) to read as follows:
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§ 212.8 Permission to cross lands and
easements owned by the United States and
administered by the Forest Service.
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(d) * * *
(5)(i) The Chief may revoke an
easement granted under 36 CFR
251.53(j):
(A) With the grantee’s consent;
(B) By condemnation; or
(C) After a 5-year period of nonuse by
the grantee.
(ii) Before revocation of an easement
granted under 36 CFR 251.53(j) for
nonuse, a formal adjudicatory
proceeding must be conducted pursuant
to 7 CFR part 1, subpart H, provided the
grantee requests the hearing within 60
days of receipt of the notice of
revocation.
PART 214—POSTDECISIONAL
ADMINISTRATIVE REVIEW PROCESS
FOR OCCUPANCY OR USE OF
NATIONAL FOREST SYSTEM LANDS
AND RESOURCES
3. The authority citation for part 214
continues to read as follows:
■
Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472,
551.
4. Amend § 214.4 by revising
paragraph (c)(1)(i) to read as follows:
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Decisions that are appealable.
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36 CFR Part 212
Administrative practice and
procedure, National forests.
36 CFR Part 251
Administrative practice and
procedure, Alaska, Electric power,
Mineral resources, National forests,
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PART 212—TRAVEL MANAGEMENT
§ 214.4
List of Subjects
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Public lands-rights-of-way, Reporting
and recordkeeping requirements, Water
resources.
Therefore, for the reasons set forth in
the preamble, the Department is
amending chapter II of title 36 of the
Code of Federal Regulations as follows:
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(c) * * *
(1) * * *
(i) A special use authorization issued
under 36 CFR part 251, subpart B or D,
other than modification, suspension, or
revocation of a noncommercial group
use permit; suspension or revocation of
a permit or easement issued under 36
CFR 251.53(e); suspension or revocation
of an easement issued under 36 CFR
251.53(l); revocation for nonuse of an
easement issued under 36 CFR 251.53(j);
or revocation of a special use
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authorization with the consent of the
holder.
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PART 251—LAND USES
Subpart B—Special Uses
5. The authority citation for part 251,
subpart B, continues to read as follows:
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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.
§ 251.50
[Amended]
6. Amend § 251.50 by removing
paragraph (c)(3).
■ 7. Amend § 251.51 by revising the
definitions for ‘‘Guiding’’ and
‘‘Outfitting’’ to read as follows:
■
§ 251.51
Definitions.
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Guiding—providing services or
assistance (such as supervision,
protection, education, training, packing,
touring, subsistence, transporting
people, or interpretation) for monetary
or other gain to individuals or groups on
National Forest System lands.
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Outfitting—renting on or delivering to
National Forest System lands for
monetary or other gain any saddle or
pack animal, vehicle, boat, camping
gear, or similar supplies or equipment.
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■ 8. Amend § 251.53 by revising
paragraph (a) and adding paragraph (o)
to read as follows:
§ 251.53
Authorities.
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(a) Permits governing occupancy and
use, including noncommercial group
use, under the act of June 4, 1897 (16
U.S.C. 551);
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(o) Leases governing occupancy and
use of Federally owned historic
properties under section 111 of the
National Historic Preservation Act of
1966 (54 U.S.C. 306121).
■ 9. Amend § 251.54 by revising
paragraphs (d)(2)(i) introductory text,
(e)(1)(iv), (f)(1) introductory text,
(f)(1)(i), (g)(1), and (g)(3)(iii) to read as
follows:
§ 251.54 Proposal and application
requirements and procedures.
*
*
*
*
*
(d) * * *
(2) Required information—(i)
Noncommercial group uses. Paragraphs
(d)(3) through (5) of this section do not
apply to proposed noncommercial
group uses. A proponent for a
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noncommercial group use shall provide
the following:
*
*
*
*
*
(e) * * *
(1) * * *
(iv) Except for permanent easements
issued under § 251.53(j), the proposed
use will not create an exclusive or
perpetual right of use or occupancy.
*
*
*
*
*
(f) * * *
(1) Oil and gas pipeline rights-of-way.
An individual proposing an oil or gas
pipeline right-of-way must be a United
States citizen and must provide proof of
United States citizenship. An entity
proposing an oil or gas pipeline right-ofway must be established, and must
provide documentation that the entity
was established, under the laws of the
United States, a state or territory of the
United States, or in the case of coal, oil,
shale, or gas, a municipality of the
United States.
(i) Citizens of another country, the
laws, customs, or regulations of which
deny similar or like privileges to
citizens or corporations of the United
States, shall not by stock ownership,
stock holding, or stock control own an
appreciable interest in any oil or gas
pipeline right-of-way or associated
special use authorization; and
*
*
*
*
*
(g) * * *
(1) Acceptance of applications.
Except for proposed noncommercial
group uses, if a proposed use does not
meet both the initial and second-level
screening criteria in paragraph (e) of this
section, the authorized officer shall
reject the proposal. The authorized
officer shall notify the proponent in
writing of the rejection and the reasons
for the rejection. If a proposed use meets
both the initial and second-level
screening criteria in paragraph (e) of this
section, the authorized officer shall
notify the proponent that the proponent
may submit a written application for
evaluation under this paragraph. The
authorized officer shall, as appropriate
or necessary, provide the proponent
guidance and information of the type
described in paragraphs (e)(3)(i) through
(viii) of this section.
*
*
*
*
*
(3) * * *
(iii) If an authorized officer denies an
application because it does not meet the
criteria in paragraphs (g)(3)(ii)(A)
through (H) of this section, the
authorized officer shall notify the
applicant in writing of the reasons for
the denial. If an alternative time, place,
or manner will allow the applicant to
meet the eight evaluation criteria, an
authorized officer shall offer that
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alternative. If an application is denied
solely under paragraph (g)(3)(ii)(C) of
this section and all alternatives
suggested are unacceptable to the
applicant, the authorized officer shall
offer to have completed the requisite
environmental and other analyses for
the requested site. An environmental
assessment or an environmental impact
statement prepared for the requested
site is subject to the predecisional
objection procedures at 36 CFR part 218.
Notwithstanding the timing provisions
set forth in 36 CFR 218.12, a decision
to grant or deny an application for
which an environmental assessment or
an environmental impact statement is
prepared for the requested site shall be
made within 48 hours after the time for
filing an objection expires or, if an
objection is filed, the objection process
is completed. A denial of an application
in paragraphs (g)(3)(ii)(A) through (H) of
this section constitutes final agency
action, is not subject to administrative
appeal, and is immediately subject to
judicial review.
*
*
*
*
*
■ 10. Amend § 251.55 by revising
paragraph (a) to read as follows:
§ 251.55
Nature of interest.
(a) A holder is authorized to use and
occupy only the land and structures and
conduct only the activities specified in
the holder’s special use authorization.
The holder may lease the authorized
facilities and improvements to other
parties only with the prior written
approval of the authorized officer. The
holder shall remain responsible for
compliance of facilities and
improvements leased to other parties
with all the terms of the holder’s special
use authorization.
*
*
*
*
*
■ 11. Amend § 251.57 by revising the
section heading and paragraphs (a)(2)
and (3), (b), and (h) and removing
paragraph (i).
The revisions read as follows:
§ 251.57
Land use fees.
(a) * * *
(2) The authorized officer may require
either an annual land use fee payment
or a land use fee payment covering more
than one year, provided a holder that is
a private individual (rather than a
commercial or other entity) and that has
an annual land use fee of more than
$100 may elect to make either an annual
land use fee payment or a land use fee
payment covering more than one year.
(3) The annual land use fee for a
recreation residence permit shall be
assessed in accordance with the tiered
land use fee structure and inflation
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adjustment specified in the Cabin Fee
Act (16 U.S.C. 6214).
(b) All or part of the land use fee may
be waived by the authorized officer,
when equitable and in the public
interest, for the use and occupancy of
National Forest System lands when one
of the following criteria is met. If an
applicant or a holder is ineligible for a
land use fee waiver under one criterion
in this paragraph, the applicant or
holder is ineligible for a land use fee
waiver under any other criteria in this
paragraph:
(1) The holder is a State or local
government or any agency or
instrumentality thereof, excluding
municipal utilities and cooperatives
whose principal source of revenue from
the authorized use is customer charges;
(2) The holder is a nonprofit
association or nonprofit corporation,
which is not controlled or owned by
profit-making corporations or business
enterprises, and which is engaged in
public or semi-public activity to further
public health, safety, or welfare, except
that free use will not be authorized
when funds derived by the holder
through the authorization are used to
increase the value of the authorized
improvements owned by the holder or
are used to support other activities of
the holder;
(3) The holder provides without
charge, or at reduced charge, a valuable
benefit to the public or to the programs
of the Secretary;
(4) When the land use fee is included
in the land use fee for an authorized use
or occupancy for which the United
States is already receiving
compensation;
(5) When a right-of-way is authorized
in reciprocation for a right-of-way
conveyed to the United States; or
(6) For rights-of-way involving costshare roads or reciprocal right-of-way
agreements.
*
*
*
*
*
(h) Each ski area permit issued under
the National Forest Ski Area Permit Act
shall include a clause that provides that
the Forest Service may adjust and
calculate future land use fees to reflect
Forest Service revisions to the existing
system for determining land use fees
based on fair market value or to comply
with any new system for determining
land use fees based on fair market value
that may be adopted after issuance of
the permit.
■ 12. Amend § 251.58 by revising
paragraphs (d)(1) and (i)(1) to read as
follows:
§ 251.58
*
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*
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(d) * * *
(1) Basis for monitoring fees.
Monitoring is defined at § 251.51. For
monitoring fees in minor categories 1
through 4, authorization holders are
assessed fees based upon the estimated
time needed for Forest Service
monitoring to ensure compliance with
the authorization during the
construction or reconstruction of
temporary or permanent facilities and
rehabilitation of the construction or
reconstruction site. Major category 5
and category 6 monitoring fees shall be
based upon the agency’s estimated costs
to ensure compliance with the
authorization during all phases of its
term, including but not limited to
monitoring to ensure compliance with
the authorization during the
construction or reconstruction of
temporary or permanent facilities and
rehabilitation of the construction or
reconstruction site. Monitoring for all
categories does not include billings,
maintenance of case files, annual
performance evaluations, or routine onsite reviews to determine compliance
generally with the terms of an
authorization.
*
*
*
*
*
(i) * * *
(1) The Forest Service shall maintain
schedules for processing and monitoring
fees on its website. The rates in the
schedules shall be updated annually by
using the annual rate of change, second
quarter to second quarter, in the Implicit
Price Deflator–Gross Domestic Product
(IPD–GDP) index. The Forest Service
shall round the changes in the rates
either up or down to the nearest dollar.
*
*
*
*
*
■ 13. Revise § 251.59 to read as follows:
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§ 251.59 Transfer of authorized
improvements.
If the holder through death, voluntary
sale, transfer, or enforcement of a valid
legal proceeding or operation of law
ceases to be the owner of the authorized
improvements, the special use
authorization terminates upon change of
ownership and issuance of a new
special use authorization to another
party for the authorized use and
occupancy. Except for leases and
easements issued under § 251.53(e), (j),
and (l) that are assignable in accordance
with their terms, the new owner of the
authorized improvements must apply
for and receive a new special use
authorization. The new owner must
meet requirements under applicable
regulations of this subpart and agree to
comply with the terms of the
authorization and any new terms
warranted by existing or prospective
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16:08 Dec 05, 2023
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circumstances. Assignment of leases
and easements must comply with all
terms governing their assignment.
*
*
*
*
*
■ 14. Amend § 251.60 by:
■ a. Revising paragraphs (a)(2)(i) and (ii)
and (c);
■ b. Removing paragraph (d);
■ c. Redesignating paragraphs (e) and (f)
as paragraphs (d) and (e);
■ d. Redesignating paragraph (g) as
paragraph (f) and revising it;
■ e. Removing paragraph (h); and
■ f. Redesignating paragraph (i) as
paragraph (g).
The revisions read as follows:
§ 251.60 Termination, revocation, and
suspension.
(a) * * *
(2) * * *
(i) Revocation or suspension. An
authorized officer may revoke or
suspend a special use authorization for
all other special uses, except
aneasement issued under§ 251.53(j):
(A) For noncompliance with
applicable statutes, regulations, or the
terms and conditions of the
authorization;
(B) For failure of the holder to
exercise the rights or privileges granted;
(C) With the consent of the holder; or
(D) At the discretion of the authorized
officer for specific and compelling
reasons in the public interest. The Chief
may revoke an easement issued under
§ 251.53(j) with the consent of the
holder; by condemnation; or upon
abandonment after a 5-year period of
nonuse by the holder.
(ii) Administrative review. Except for
revocation or suspension of a permit or
easement issued under § 251.53(e),
revocation or suspension of an easement
issued under § 251.53(l), and revocation
for nonuse of an easement issued under
§ 251.53(j), revocation or suspension of
a special use authorization under this
paragraph is subject to appeal pursuant
to 36 CFR part 214.
*
*
*
*
*
(c) A special use authorization issued
to a Federal agency under § 251.53(l)
may be suspended or revoked only with
the consent of the head of that Federal
agency.
*
*
*
*
*
(f) Before suspension or revocation of
permits and easements issued under
§ 251.53(e) and suspension or
revocation of easements issued under
§ 251.53(l), a formal adjudicatory
proceeding must be conducted pursuant
to 7 CFR part 1, subpart H, as amended,
and the authorized officer must
determine, based on the proceeding,
that grounds for revocation or
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84709
suspension exist and that revocation or
suspension is justified. Before
revocation of easements issued under
§ 251.53(j) for nonuse, a formal
adjudicatory proceeding must be
conducted pursuant to 7 CFR part 1,
subpart H, provided the holder requests
the hearing within 60 days of receipt of
the notice of revocation.
*
*
*
*
*
■ 15. Revise § 251.64 to read as follows:
§ 251.64
Reauthorization of existing uses.
(a) Upon expiration of a permit or
easement issued under § 251.53(e), a
powerline facility permit issued to a
federal entity or a powerline facility
easement issued under § 251.53(l)(4), or
a private road easement or a forest road
easement issued under § 251.53(l)(6),
the authorized officer shall issue a new
special use authorization for the
authorized use and occupancy,
provided the use and occupancy
authorized by the existing authorization
are consistent with the applicable land
management plan and applicable laws
and regulations; the authorized
activities and improvements are still
being conducted or used for the
purposes previously authorized; and the
holder is in compliance with all the
terms of the existing authorization.
(b) A priority use outfitting and
guiding permit is subject to renewal
without competition as provided in
accordance with applicable Forest
Service directives.
(c) Issuance of a new special use
authorization upon expiration of any
other type of special use authorization
is at the sole discretion of the
authorized officer, subject to the same
conditions in paragraph (a) of this
section.
(d) In reauthorizing existing uses
under paragraph (a), (b), or (c) of this
section, the authorized officer may
modify the terms of the authorization to
reflect any new requirements imposed
by current Federal and State land use
plans, laws, regulations, or other
management decisions. Appropriate
environmental analysis must
accompany the decision to reauthorize
the special use.
Subpart E—Revenue-Producing Visitor
Services in Alaska
16. The authority citation for part 251,
subpart E, continues to read as follows:
■
Authority: 16 U.S.C. 3197.
17. Amend § 251.124 by revising
paragraph (b) to read as follows:
■
§ 251.124 Preferred operator competitive
special use authorization procedures.
*
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*
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*
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(b) In such circumstances, the
authorized officer shall solicit
applications competitively by issuing a
prospectus for persons to apply for a
visitor services authorization.
Notwithstanding Forest Service
outfitting and guiding policy in Forest
Service Handbook 2709.14, Chapter 50,
when authorizations, including priority
use permits for activities other than
sport hunting and fishing, expire in
accordance with their terms, they shall
not be reissued if there is a need to limit
use and when there is competitive
interest by preferred operators.
*
*
*
*
*
Homer Wilkes,
Under Secretary, Natural Resources and
Environment.
[FR Doc. 2023–26666 Filed 12–5–23; 8:45 am]
BILLING CODE 3411–15–P
[FR Doc. 2023–26741 Filed 12–5–23; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 261, 262, and 266
[EPA–HQ–OLEM–2023–0081; FRL 8687–03–
OLEM]
RIN 2050–AH23
Hazardous Waste Generator
Improvements Rule, the Hazardous
Waste Pharmaceuticals Rule, and the
Definition of Solid Waste Rule;
Technical Corrections
LIBRARY OF CONGRESS
Environmental Protection
Agency (EPA).
ACTION: Partial withdrawal of direct
final rule.
Copyright Royalty Board
SUMMARY:
AGENCY:
37 CFR Part 386
[Docket No. 23–CRB–0010–SA–COLA
(2024)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates; Correction
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule; correction.
AGENCY:
This document corrects a
final rule published in the Federal
Register of November 29, 2023,
regarding the cost of living adjustment
(COLA) to the royalty rates that satellite
carriers pay for a compulsory license
under the Copyright Act.
DATES: Effective January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, (202) 707–7658, crb@
loc.gov.
SUMMARY:
In FR Doc.
2023–26122, appearing on page 83354
in the Federal Register of Wednesday,
November 29, 2023, the following
corrections are made:
SUPPLEMENTARY INFORMATION:
§ 386.2
[Corrected]
1. On page 83354, in the second
column, in part 386, in amendment 2,
the instruction ‘‘Section 386.2 is
amended by adding paragraphs
(b)(1)(xiv) and (b)(2)(xiv) to read as
follows:’’ is corrected to read ‘‘Section
386.2 is amended by adding paragraphs
(b)(1)(xv) and (b)(2)(xv) to read as
follows:’’.
■
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Dated: November 30, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
VerDate Sep<11>2014
16:08 Dec 05, 2023
Jkt 262001
Because the EPA received
adverse comment on eight amendments
in the direct final rule published on
August 9, 2023, we are withdrawing
amendments to specific provisions
through correction to the direct final
rule.
This correction is effective
December 7, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
Brian Knieser, U.S. Environmental
Protection Agency, Office of Resource
Conservation and Recovery, (MC:
5304T), 1200 Pennsylvania Avenue NW,
Washington, DC 20460, (202) 566–0516,
(knieser.brian@epa.gov) or Kathy Lett,
U.S. Environmental Protection Agency,
Office of Resource Conservation and
Recovery, (MC: 5304T), 1200
Pennsylvania Avenue NW, Washington,
DC 20460, (202) 566–0517, (lett.kathy@
epa.gov).
SUPPLEMENTARY INFORMATION: Because
the EPA received adverse comment on
specific amendments, through this
correction, we are withdrawing only
those specific amendments from the
direct final rule, Hazardous Waste
Generator Improvements Rule, the
Hazardous Waste Pharmaceuticals Rule,
and the Definition of Solid Waste Rule;
Technical Corrections, published on
August 9, 2023 (88 FR 54086). We stated
in that direct final rule that if we
received adverse comment by the close
of the comment period on October 10,
2023, the specific amendments in the
direct final rule that are the subject of
adverse comment would not take effect,
and we would publish a timely
withdrawal in the Federal Register.
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Because the EPA subsequently received
adverse comment on eight amendments
in that direct final rule, we are
withdrawing only the eight affected
amendments. All other amendments in
that direct final rule will go into effect
on the effective date (December 7, 2023).
The eight specific amendments that are
being withdrawn are:
1. Section 261.4(e)(1) introductory
text related to sample waste generated
or collected for the purpose of
conducting treatability studies.
2. Section 262.11(d) introductory text
related to identifying hazardous
characteristics for listed hazardous
wastes when the characteristic is
already addressed by the listing.
3. Section 262.11(g) related to
identifying hazardous characteristics for
listed hazardous wastes when the
characteristic is already addressed by
the listing.
4. Section 262.16(b)(1) related to the
accumulation limit for small quantity
generators generating acute hazardous
waste.
5. Section 262.17(a)(8)(i) introductory
text related to LQG closure notification
when closing a waste accumulation unit
but not the whole facility.
6. Section 262.17(a)(8)(i)(A) related to
LQG closure notification when closing a
waste accumulation unit but not the
whole facility.
7. Section 262.232(b)(6)(iv) related to
adding ‘‘RCRA-’’ to the term
‘‘designated facility’’ to match the
language of parallel provisions in this
section.
8. Section 266.508(a)(2)(ii) related to
allowing applicable EPA hazardous
waste numbers (also known as waste
codes) in addition to the required
PHARMS code in item 13 of the
hazardous waste manifest for shipments
of hazardous waste pharmaceuticals
from a healthcare facility subject to 40
CFR part 266 subpart P. We are also
withdrawing language from this
provision that allows the use of PHRM
in lieu of PHARMS in item 13 of the
hazardous waste manifest.
Except for the amendment to § 262.11
at instruction 25, which is withdrawn in
full, because the provisions we are
withdrawing appear in amendatory
instructions affecting other provisions,
we are correcting the corresponding
amendments in full minus those
provisions withdrawn.
The EPA published a parallel
proposed rule on the same day as the
direct final rule. The proposed rule
invited comment on the substance of the
direct final rule. We will address those
comments in any subsequent final
action, which will be based on the
parallel proposed rule also published on
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]]>Agencies
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84704-84710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26666]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 212, 214, and 251
RIN 0596-AD54
Travel Management; Administration of the Forest Transportation
System; Postdecisional Administrative Review Process for Occupancy or
Use of National Forest System Lands and Resources; Land Uses; Special
Uses
AGENCY: Forest Service, 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 administration of the
forest transportation system, administrative appeal of certain written
decisions pertaining to written authorizations for occupancy or use of
National Forest System (NFS) lands and resources, and issuance and
administration of special use authorizations for use and occupancy of
NFS lands. The purely technical, clarifying revisions update citations
and enhance consistency of the existing regulations with governing
statutes.
DATES: This rule is effective December 6, 2023.
ADDRESSES: Information on this final rule may be obtained via written
request addressed to the Director, Lands, Minerals, and Geology
Management, USDA Forest Service, 201 14th Street NW, Washington, DC
20250-1124 or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Mark Chandler, Realty Specialist,
(202) 205-1117 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 5:00 p.m.,
Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: This final rule makes purely technical,
clarifying revisions to the Agency's existing regulations at 36 CFR
212.8, 214.4, 251.50, 251.51, 251.53, 251.54, 251.55, 251.57, 251.58,
251.59, 251.60, 251.64, and 251.124 governing administration of the
forest transportation system, administrative appeal of certain written
decisions pertaining to written authorizations for occupancy or use of
NFS lands and resources, and issuance and administration of special use
authorizations for use and occupancy of NFS lands. The purely
technical, clarifying revisions update citations and enhance
consistency of the existing regulations with governing statutes. These
purely technical, clarifying revisions do not formulate standards,
criteria, or guidelines applicable to Forest Service programs and
therefore do 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)).
36 CFR Part 212, Subpart A
The Department is revising text in Sec. 212.8(d)(5)(i) to track
revisions being made to Sec. 251.60(a)(2)(i) and to provide that a
formal adjudicatory hearing is required for revocation for nonuse of an
easement issued under the National Forest Roads and Trails Act (FRTA).
36 CFR Part 214
The Department is revising Sec. 214.4(c)(1)(i) to provide that
suspension or revocation of permits as well as easements issued under
the Mineral Leasing Act (MLA) and revocation for nonuse of an easement
issued under FRTA are not subject to administrative appeal under 36 CFR
part 214. In contrast to the Federal Land Policy and Management Act
(FLPMA) addressed in 36 CFR 251.53(l), the MLA addressed in 36 CFR
251.53(e) requires a formal adjudicatory proceeding for suspension or
revocation of permits as well as easements (30 U.S.C. 185(o)(1)(C)).
Therefore, suspension or revocation of permits as well as easements
issued under the MLA must be exempt from the informal administrative
appeal process under 36 CFR part 214. FRTA provides for a formal
hearing for revocation of an easement for nonuse (16 U.S.C. 534).
36 CFR Part 251, Subpart B
Sec. 251.50
The Department is removing paragraph (c)(3) of Sec. 251.50, which
requires a special use authorization for a noncommercial recreational
activity if required by an order issued under 36 CFR part 261, subpart
B, or by a regulation issued under 36 CFR part 261, subpart C. There is
no basis for issuance of such an order under 36 CFR part 261, subpart
B. Moreover, there is no need for issuance of such an order or
regulation because the Forest Service has the authority to require a
noncommercial special recreation permit under the Federal Lands
Recreation Enhancement Act and its implementing directives in Forest
Service Handbook (FSH) 2309.13, Chapter 30.
Sec. 251.51
The Department is revising the definitions for ``outfitting'' and
``guiding'' by replacing the phrase ``pecuniary remuneration'' with the
word ``monetary.'' The revised language is more contemporary and easier
to understand.
Sec. 251.53
The Department is revising Sec. 251.53(a) by changing the phrase
``group events'' to ``noncommercial group use'' and deleting the phrase
``and distribution of noncommercial printed materials'' for
authorizations issued under the Organic Administration Act (16 U.S.C.
551). The term of art per the definitions for special uses in 36 CFR
251.51 is ``noncommercial group use.'' The distribution of
noncommercial printed materials does not require a special use
authorization under 36 CFR 251.50(c).
The Department is adding paragraph (o) to Sec. 251.53 to include
the Forest Service's authority under section 111 of the National
Historic Preservation Act of 1966 (54 U.S.C. 306121) to issue leases
for Federally owned historic properties on NFS lands.
Sec. 251.54
The Department is revising Sec. 251.54(d) through (g) to use
appropriate terminology when referring to a proponent or a proposal and
to enhance clarity.
The Department is revising Sec. 251.54(e)(1)(iv), which precludes
consideration of proposals for a permanent use and occupancy of NFS
lands, to add an exception for permanent easements issued under FRTA
(16 U.S.C. 533).
The Department is revising Sec. 251.54(f)(1)(i) regarding who may
apply for an oil or gas pipeline right-of-way authorization for greater
consistency with the MLA (30 U.S.C. 181).
The Department is revising Sec. 251.54(g)(3)(iii) to replace the
citation to 36 CFR part 215 with a citation to 36 CFR part 218. The
postdecisional administrative appeal process in 36 CFR part 215 has
been replaced with the predecisional objection process in 36 CFR part
218.
[[Page 84705]]
Sec. 251.55
The Department is revising the second sentence of Sec. 251.55(a)
to replace the word ``sublet'' with the word ``lease.'' The word
``sublet'' is appropriate only when the issued authorization is a
lease. Many special use authorizations are not leases. The Department
is making other minor clarifications to the wording of Sec. 251.55(a).
Sec. 251.57
The Department is changing the heading of Sec. 251.57 from
``Rental fees'' to ``Land use fees.'' The term ``rent'' is associated
with leases, and many special use authorizations are not leases.
The Department is revising Sec. 251.57(a)(2), consistent with
section 504(g) of FLPMA (43 U.S.C. 1764(g)), to authorize the Forest
Service to require either annual land use fee payments or annual land
use fee payments covering more than one year, regardless of the amount
of the land use fee.
The Department is revising Sec. 251.57(a)(3) by replacing the
language from and citation to the Cabin User Fee Fairness Act with
language from and citation to the Cabin Fee Act. The Cabin Fee Act (16
U.S.C. 6214) has supplanted the Cabin User Fee Fairness Act (16 U.S.C.
6201-6213) as the authority for land use fees for recreation residence
permits.
The Department is revising Sec. 251.57(b) governing land use fee
waivers by adding text and removing the word ``or'' at the end of
paragraphs (1) through (5) to clarify, consistent with Forest Service
directives, that if a holder is ineligible for a land use fee waiver
under one criterion, the holder is ineligible for a land use fee waiver
under any of the other criteria.
The Department is removing Sec. 251.57(i). Paragraph (i) of Sec.
251.57 addresses implementation of the Cabin User Fee Fairness Act,
which has been superseded by the Cabin Fee Act of 2014.
Sec. 251.58
The Department is revising Sec. 251.58(d)(1) by replacing the
phrase ``scheduled inspections'' with the phrase ``routine on-site
reviews'' to distinguish between inspections, which are the holder's
responsibility, and monitoring, which is the Forest Service's
responsibility.
The Department is revising Sec. 251.58(i)(1) by changing the first
sentence from, ``The Forest Service shall maintain schedules for
processing and monitoring fees in its directive system (36 CFR
200.4),'' to ``The Forest Service shall maintain schedules for
processing and monitoring fees on its website.'' It is more efficient
to update a website than a directive, and other Forest Service land use
fee schedules such as the communications use rental fee schedule are
maintained on the Forest Service's website.
Sec. 251.59
The Department is clarifying Sec. 251.59 by revising the first
sentence, ``If the holder, through death, voluntary sale, transfer, or
through enforcement of a valid legal proceeding or operation of law,
ceases to be the owner of the authorized improvements, the
authorization terminates upon change of ownership,'' to read, ``If the
holder through death, voluntary sale, transfer, or enforcement of a
valid legal proceeding or operation of law ceases to be the owner of
the authorized improvements, the special use authorization terminates
upon change of ownership and issuance of a new special use
authorization to another party for the authorized use and occupancy.''
This revision clarifies that the existing holder is responsible for the
authorized use and occupancy until a new authorization is issued. In
addition, the Department is revising Sec. 251.59 to clarify that an
application and new authorization are not necessary for leases and
easements issued under the MLA, FRTA, or FLPMA and that assignments of
leases and easements are subject to the terms of the applicable
authorization.
Sec. 251.60
In Sec. 251.60, the Department is revising paragraphs (a)(2)(i),
(a)(2)(ii), and (c); removing paragraph (d); designating existing
paragraphs (e) and (f) as paragraphs (d) and (e); revising existing
paragraph (g) and redesignating it as paragraph (f); removing paragraph
(h); and redesignating existing paragraph (i) as paragraph (g), as
discussed below.
The Department is revising paragraph (a)(2)(i) by removing the
exception for permits and easements issued under the MLA and easements
issued under FLPMA, adding an exception for authorizations issued under
FRTA, and including separate bases for revocation and suspension for
authorizations issued under FRTA. FLPMA and the MLA provide for
revocation and suspension of land use authorizations issued under those
statutes, but the current language in the regulations does not include
any bases for revocation or suspension of authorizations issued under
FLPMA or the MLA. FRTA provides for revocation only with the grantee's
consent, by condemnation, or after a 5-year period of nonuse (16 U.S.C.
534).
The Department is revising paragraph (a)(2)(ii) to provide that
suspension or revocation of permits as well as easements issued under
the MLA and revocation for nonuse of easements issued under FRTA are
not subject to appeal under 36 CFR part 214. In contrast to FLPMA, the
MLA requires a formal adjudicatory proceeding for suspension or
revocation of permits as well as easements. Therefore, suspension or
revocation of permits as well as easements issued under the MLA must be
exempt from the informal administrative appeal process under 36 CFR
part 214. FRTA provides for a formal hearing for revocation of an
easement for nonuse (16 U.S.C. 534).
The Department is revising Sec. 251.60(c) by removing references
to limiting and terminating a right-of-way authorization issued to a
Federal entity. The reference to limiting a right-of-way is redundant,
and the reference to terminating a right-of-way is incorrect.
Termination of an authorization occurs by operation of law or by
operation of a fixed or agreed-upon condition, event, or time as
specified in an authorization, without any action of the authorized
officer (36 CFR 251.51). The correct term is revocation, which occurs
by action of the authorized officer (36 CFR 251.51). The Department is
also revising Sec. 251.60(c) to state that a special use authorization
issued to a Federal agency under 36 CFR 251.53(l) may be suspended or
revoked only with the concurrence of the head of that Federal agency.
Only authorizations issued to a Federal agency under FLPMA are subject
to this restriction (43 U.S.C. 1767(b)). By statute, the consent must
be from the agency head. The Department is also removing the word
``termination'' because it is defined in the special use regulations to
mean an action that occurs by operation of law or by operation of a
fixed or agreed-upon condition, event, or time as specified an
authorization, without any action of the authorized officer.
The Department is removing Sec. 251.60(d), which provides for
notice to and consultation with a Federal agency before suspending or
revoking a special use authorization issued to that agency, as this
provision is unnecessary. Preceding Sec. 251.60(c) provides that an
authorization issued to a Federal entity under FLPMA may be suspended
or revoked only with the Federal holder's consent. A Federal holder
would not consent to suspension or revocation of an authorization
issued under FLPMA without notice and consultation.
[[Page 84706]]
The Department is revising and redesignating existing Sec.
251.60(g) as Sec. 251.60(f) to clarify the requirements for a formal
adjudicatory proceeding for revocation or suspension of an
authorization consistent with FLPMA (43 U.S.C. 1766) and the MLA (30
U.S.C. 185(o)(1)) and to require a formal adjudicatory proceeding for
revocation for nonuse of an easement issued under FRTA (16 U.S.C. 534).
The language in existing Sec. 251.60(g) is not entirely consistent
with FLPMA and the MLA. FRTA provides for a formal hearing for
revocation for nonuse of an easement upon request within 60 days of
receipt of notice (16 U.S.C. 534).
The Department is removing existing Sec. 251.60(h) in its entirety
and including its contents in Sec. 251.60(a)(2)(i). The Department is
redesignating existing Sec. 251.60(i) as Sec. 251.60(g).
Sec. 251.64
The Department is revising the title and text of Sec. 251.64 to
track statutes governing issuance of special use authorizations and
special use authorization forms approved by the Office of Management
and Budget, which provide for reauthorization of the use and occupancy,
not renewal of the authorization, and which require reauthorization of
the use and occupancy, subject to conditions, only for authorizations
issued under the MLA (43 U.S.C. 185(n)) and priority use outfitting and
guiding permits (FSH 2709.14, Ch. 50, sec. 53.1m, para. 4). Only
permits and easements issued under these authorities require
reauthorization of the use and occupancy, subject to specified
conditions. Reauthorization of any other type of use and occupancy is
at the sole discretion of the authorized officer.
36 CFR Part 251, Subpart E
Sec. 251.124
The Department is updating the citation in the second sentence of
Sec. 251.124(b) by replacing ``Forest Service Handbook 2709.11,
chapter 40,'' with ``Forest Service Handbook 2709.14, Chapter 50.''
Regulatory Certifications
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Consistent with Executive Order (E.O.) 12866, the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether proposed, interim, and final rules
that impose, eliminate, or modify requirements on non-Forest Service
parties are significant and will review any proposed, interim, or final
rules that OIRA has designated as significant. This final rule does not
impose, eliminate, or modify requirements on non-Forest Service parties
and therefore does not require a significance determination by OIRA.
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 this final rule consistent with E.O.
13563.
Congressional Review Act
Since this final rule does not impose, eliminate, or modify
requirements on non-Forest Service parties, it is not a major rule as
defined by the Small Business Regulatory Enforcement Fairness Act of
1996 (known as the Congressional Review Act, 5 U.S.C. 804(2)).
National Environmental Policy Act
This final rule will make only technical, clarifying revisions to
existing Forest Service regulations at 36 CFR part 212, subpart A, part
214, and part 251, subparts B and E. Forest Service regulations at 36
CFR 220.6(d)(2) (73 FR 43093) exclude from documentation in an
environmental assessment or environmental impact statement ``rules,
regulations, or policies to establish service-wide administrative
procedures, program processes, or instructions.'' The Department has
concluded that this final 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.
Regulatory Flexibility Act Analysis
The Department has considered this final rule under the
requirements of 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. The 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 the final rule does not
have federalism implications.
Consultation With Tribal Governments
The Department has reviewed this final rule in accordance with the
requirements of E.O. 13175, Consultation and Coordination with Indian
Tribal Governments. The Department has determined that national Tribal
consultation is not necessary for the final rule. The final rule, which
will make only technical, clarifying revisions to existing Forest
Service regulations in 36 CFR part 212, subpart A, part 214, and part
251, subparts B and E, does not impose, eliminate, or modify
requirements on non-Forest Service parties and therefore does not have
any direct effects on Tribes.
Environmental Justice
The Department has considered the final rule under the requirements
of E.O. 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations. The final rule, which
will make only technical, clarifying revisions to existing Forest
Service regulations in 36 CFR part 212, subpart A, part 214, and part
251, subparts B and E, does not impose, eliminate, or modify
requirements on non-Forest Service parties and therefore will not
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 Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights. The
Department has determined that the final rule will not pose the risk of
a taking of private property.
[[Page 84707]]
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, and OIRA has not otherwise designated the final rule as a
significant energy action.
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
issuance 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
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), signed into law on March 22, 1995, 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 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 final rule does not contain 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 212
Highways and roads, National forests, Public lands-rights-of-way,
Transportation.
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
Department is amending chapter II of title 36 of the Code of Federal
Regulations as follows:
PART 212--TRAVEL MANAGEMENT
Subpart A--Administration of the Forest Transportation System
0
1. The authority citation for part 212, subpart A, continues to read as
follows:
Authority: 16 U.S.C. 551, 23 U.S.C. 205.
0
2. Amend Sec. 212.8 by revising paragraph (d)(5) to read as follows:
Sec. 212.8 Permission to cross lands and easements owned by the
United States and administered by the Forest Service.
* * * * *
(d) * * *
(5)(i) The Chief may revoke an easement granted under 36 CFR
251.53(j):
(A) With the grantee's consent;
(B) By condemnation; or
(C) After a 5-year period of nonuse by the grantee.
(ii) Before revocation of an easement granted under 36 CFR
251.53(j) for nonuse, a formal adjudicatory proceeding must be
conducted pursuant to 7 CFR part 1, subpart H, provided the grantee
requests the hearing within 60 days of receipt of the notice of
revocation.
PART 214--POSTDECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR
OCCUPANCY OR USE OF NATIONAL FOREST SYSTEM LANDS AND RESOURCES
0
3. 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
4. Amend Sec. 214.4 by revising paragraph (c)(1)(i) to read as
follows:
Sec. 214.4 Decisions that are appealable.
* * * * *
(c) * * *
(1) * * *
(i) A special use authorization issued under 36 CFR part 251,
subpart B or D, other than modification, suspension, or revocation of a
noncommercial group use permit; suspension or revocation of a permit or
easement issued under 36 CFR 251.53(e); suspension or revocation of an
easement issued under 36 CFR 251.53(l); revocation for nonuse of an
easement issued under 36 CFR 251.53(j); or revocation of a special use
authorization with the consent of the holder.
* * * * *
PART 251--LAND USES
Subpart B--Special Uses
0
5. 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.
Sec. 251.50 [Amended]
0
6. Amend Sec. 251.50 by removing paragraph (c)(3).
0
7. Amend Sec. 251.51 by revising the definitions for ``Guiding'' and
``Outfitting'' to read as follows:
Sec. 251.51 Definitions.
* * * * *
Guiding--providing services or assistance (such as supervision,
protection, education, training, packing, touring, subsistence,
transporting people, or interpretation) for monetary or other gain to
individuals or groups on National Forest System lands.
* * * * *
Outfitting--renting on or delivering to National Forest System
lands for monetary or other gain any saddle or pack animal, vehicle,
boat, camping gear, or similar supplies or equipment.
* * * * *
0
8. Amend Sec. 251.53 by revising paragraph (a) and adding paragraph
(o) to read as follows:
Sec. 251.53 Authorities.
* * * * *
(a) Permits governing occupancy and use, including noncommercial
group use, under the act of June 4, 1897 (16 U.S.C. 551);
* * * * *
(o) Leases governing occupancy and use of Federally owned historic
properties under section 111 of the National Historic Preservation Act
of 1966 (54 U.S.C. 306121).
0
9. Amend Sec. 251.54 by revising paragraphs (d)(2)(i) introductory
text, (e)(1)(iv), (f)(1) introductory text, (f)(1)(i), (g)(1), and
(g)(3)(iii) to read as follows:
Sec. 251.54 Proposal and application requirements and procedures.
* * * * *
(d) * * *
(2) Required information--(i) Noncommercial group uses. Paragraphs
(d)(3) through (5) of this section do not apply to proposed
noncommercial group uses. A proponent for a
[[Page 84708]]
noncommercial group use shall provide the following:
* * * * *
(e) * * *
(1) * * *
(iv) Except for permanent easements issued under Sec. 251.53(j),
the proposed use will not create an exclusive or perpetual right of use
or occupancy.
* * * * *
(f) * * *
(1) Oil and gas pipeline rights-of-way. An individual proposing an
oil or gas pipeline right-of-way must be a United States citizen and
must provide proof of United States citizenship. An entity proposing an
oil or gas pipeline right-of-way must be established, and must provide
documentation that the entity was established, under the laws of the
United States, a state or territory of the United States, or in the
case of coal, oil, shale, or gas, a municipality of the United States.
(i) Citizens of another country, the laws, customs, or regulations
of which deny similar or like privileges to citizens or corporations of
the United States, shall not by stock ownership, stock holding, or
stock control own an appreciable interest in any oil or gas pipeline
right-of-way or associated special use authorization; and
* * * * *
(g) * * *
(1) Acceptance of applications. Except for proposed noncommercial
group uses, if a proposed use does not meet both the initial and
second-level screening criteria in paragraph (e) of this section, the
authorized officer shall reject the proposal. The authorized officer
shall notify the proponent in writing of the rejection and the reasons
for the rejection. If a proposed use meets both the initial and second-
level screening criteria in paragraph (e) of this section, the
authorized officer shall notify the proponent that the proponent may
submit a written application for evaluation under this paragraph. The
authorized officer shall, as appropriate or necessary, provide the
proponent guidance and information of the type described in paragraphs
(e)(3)(i) through (viii) of this section.
* * * * *
(3) * * *
(iii) If an authorized officer denies an application because it
does not meet the criteria in paragraphs (g)(3)(ii)(A) through (H) of
this section, the authorized officer shall notify the applicant in
writing of the reasons for the denial. If an alternative time, place,
or manner will allow the applicant to meet the eight evaluation
criteria, an authorized officer shall offer that alternative. If an
application is denied solely under paragraph (g)(3)(ii)(C) of this
section and all alternatives suggested are unacceptable to the
applicant, the authorized officer shall offer to have completed the
requisite environmental and other analyses for the requested site. An
environmental assessment or an environmental impact statement prepared
for the requested site is subject to the predecisional objection
procedures at 36 CFR part 218. Notwithstanding the timing provisions
set forth in 36 CFR 218.12, a decision to grant or deny an application
for which an environmental assessment or an environmental impact
statement is prepared for the requested site shall be made within 48
hours after the time for filing an objection expires or, if an
objection is filed, the objection process is completed. A denial of an
application in paragraphs (g)(3)(ii)(A) through (H) of this section
constitutes final agency action, is not subject to administrative
appeal, and is immediately subject to judicial review.
* * * * *
0
10. Amend Sec. 251.55 by revising paragraph (a) to read as follows:
Sec. 251.55 Nature of interest.
(a) A holder is authorized to use and occupy only the land and
structures and conduct only the activities specified in the holder's
special use authorization. The holder may lease the authorized
facilities and improvements to other parties only with the prior
written approval of the authorized officer. The holder shall remain
responsible for compliance of facilities and improvements leased to
other parties with all the terms of the holder's special use
authorization.
* * * * *
0
11. Amend Sec. 251.57 by revising the section heading and paragraphs
(a)(2) and (3), (b), and (h) and removing paragraph (i).
The revisions read as follows:
Sec. 251.57 Land use fees.
(a) * * *
(2) The authorized officer may require either an annual land use
fee payment or a land use fee payment covering more than one year,
provided a holder that is a private individual (rather than a
commercial or other entity) and that has an annual land use fee of more
than $100 may elect to make either an annual land use fee payment or a
land use fee payment covering more than one year.
(3) The annual land use fee for a recreation residence permit shall
be assessed in accordance with the tiered land use fee structure and
inflation adjustment specified in the Cabin Fee Act (16 U.S.C. 6214).
(b) All or part of the land use fee may be waived by the authorized
officer, when equitable and in the public interest, for the use and
occupancy of National Forest System lands when one of the following
criteria is met. If an applicant or a holder is ineligible for a land
use fee waiver under one criterion in this paragraph, the applicant or
holder is ineligible for a land use fee waiver under any other criteria
in this paragraph:
(1) The holder is a State or local government or any agency or
instrumentality thereof, excluding municipal utilities and cooperatives
whose principal source of revenue from the authorized use is customer
charges;
(2) The holder is a nonprofit association or nonprofit corporation,
which is not controlled or owned by profit-making corporations or
business enterprises, and which is engaged in public or semi-public
activity to further public health, safety, or welfare, except that free
use will not be authorized when funds derived by the holder through the
authorization are used to increase the value of the authorized
improvements owned by the holder or are used to support other
activities of the holder;
(3) The holder provides without charge, or at reduced charge, a
valuable benefit to the public or to the programs of the Secretary;
(4) When the land use fee is included in the land use fee for an
authorized use or occupancy for which the United States is already
receiving compensation;
(5) When a right-of-way is authorized in reciprocation for a right-
of-way conveyed to the United States; or
(6) For rights-of-way involving cost-share roads or reciprocal
right-of-way agreements.
* * * * *
(h) Each ski area permit issued under the National Forest Ski Area
Permit Act shall include a clause that provides that the Forest Service
may adjust and calculate future land use fees to reflect Forest Service
revisions to the existing system for determining land use fees based on
fair market value or to comply with any new system for determining land
use fees based on fair market value that may be adopted after issuance
of the permit.
0
12. Amend Sec. 251.58 by revising paragraphs (d)(1) and (i)(1) to read
as follows:
Sec. 251.58 Cost recovery.
* * * * *
[[Page 84709]]
(d) * * *
(1) Basis for monitoring fees. Monitoring is defined at Sec.
251.51. For monitoring fees in minor categories 1 through 4,
authorization holders are assessed fees based upon the estimated time
needed for Forest Service monitoring to ensure compliance with the
authorization during the construction or reconstruction of temporary or
permanent facilities and rehabilitation of the construction or
reconstruction site. Major category 5 and category 6 monitoring fees
shall be based upon the agency's estimated costs to ensure compliance
with the authorization during all phases of its term, including but not
limited to monitoring to ensure compliance with the authorization
during the construction or reconstruction of temporary or permanent
facilities and rehabilitation of the construction or reconstruction
site. Monitoring for all categories does not include billings,
maintenance of case files, annual performance evaluations, or routine
on-site reviews to determine compliance generally with the terms of an
authorization.
* * * * *
(i) * * *
(1) The Forest Service shall maintain schedules for processing and
monitoring fees on its website. The rates in the schedules shall be
updated annually by using the annual rate of change, second quarter to
second quarter, in the Implicit Price Deflator-Gross Domestic Product
(IPD-GDP) index. The Forest Service shall round the changes in the
rates either up or down to the nearest dollar.
* * * * *
0
13. Revise Sec. 251.59 to read as follows:
Sec. 251.59 Transfer of authorized improvements.
If the holder through death, voluntary sale, transfer, or
enforcement of a valid legal proceeding or operation of law ceases to
be the owner of the authorized improvements, the special use
authorization terminates upon change of ownership and issuance of a new
special use authorization to another party for the authorized use and
occupancy. Except for leases and easements issued under Sec.
251.53(e), (j), and (l) that are assignable in accordance with their
terms, the new owner of the authorized improvements must apply for and
receive a new special use authorization. The new owner must meet
requirements under applicable regulations of this subpart and agree to
comply with the terms of the authorization and any new terms warranted
by existing or prospective circumstances. Assignment of leases and
easements must comply with all terms governing their assignment.
* * * * *
0
14. Amend Sec. 251.60 by:
0
a. Revising paragraphs (a)(2)(i) and (ii) and (c);
0
b. Removing paragraph (d);
0
c. Redesignating paragraphs (e) and (f) as paragraphs (d) and (e);
0
d. Redesignating paragraph (g) as paragraph (f) and revising it;
0
e. Removing paragraph (h); and
0
f. Redesignating paragraph (i) as paragraph (g).
The revisions read as follows:
Sec. 251.60 Termination, revocation, and suspension.
(a) * * *
(2) * * *
(i) Revocation or suspension. An authorized officer may revoke or
suspend a special use authorization for all other special uses, except
aneasement issued underSec. 251.53(j):
(A) For noncompliance with applicable statutes, regulations, or the
terms and conditions of the authorization;
(B) For failure of the holder to exercise the rights or privileges
granted;
(C) With the consent of the holder; or
(D) At the discretion of the authorized officer for specific and
compelling reasons in the public interest. The Chief may revoke an
easement issued under Sec. 251.53(j) with the consent of the holder;
by condemnation; or upon abandonment after a 5-year period of nonuse by
the holder.
(ii) Administrative review. Except for revocation or suspension of
a permit or easement issued under Sec. 251.53(e), revocation or
suspension of an easement issued under Sec. 251.53(l), and revocation
for nonuse of an easement issued under Sec. 251.53(j), revocation or
suspension of a special use authorization under this paragraph is
subject to appeal pursuant to 36 CFR part 214.
* * * * *
(c) A special use authorization issued to a Federal agency under
Sec. 251.53(l) may be suspended or revoked only with the consent of
the head of that Federal agency.
* * * * *
(f) Before suspension or revocation of permits and easements issued
under Sec. 251.53(e) and suspension or revocation of easements issued
under Sec. 251.53(l), a formal adjudicatory proceeding must be
conducted pursuant to 7 CFR part 1, subpart H, as amended, and the
authorized officer must determine, based on the proceeding, that
grounds for revocation or suspension exist and that revocation or
suspension is justified. Before revocation of easements issued under
Sec. 251.53(j) for nonuse, a formal adjudicatory proceeding must be
conducted pursuant to 7 CFR part 1, subpart H, provided the holder
requests the hearing within 60 days of receipt of the notice of
revocation.
* * * * *
0
15. Revise Sec. 251.64 to read as follows:
Sec. 251.64 Reauthorization of existing uses.
(a) Upon expiration of a permit or easement issued under Sec.
251.53(e), a powerline facility permit issued to a federal entity or a
powerline facility easement issued under Sec. 251.53(l)(4), or a
private road easement or a forest road easement issued under Sec.
251.53(l)(6), the authorized officer shall issue a new special use
authorization for the authorized use and occupancy, provided the use
and occupancy authorized by the existing authorization are consistent
with the applicable land management plan and applicable laws and
regulations; the authorized activities and improvements are still being
conducted or used for the purposes previously authorized; and the
holder is in compliance with all the terms of the existing
authorization.
(b) A priority use outfitting and guiding permit is subject to
renewal without competition as provided in accordance with applicable
Forest Service directives.
(c) Issuance of a new special use authorization upon expiration of
any other type of special use authorization is at the sole discretion
of the authorized officer, subject to the same conditions in paragraph
(a) of this section.
(d) In reauthorizing existing uses under paragraph (a), (b), or (c)
of this section, the authorized officer may modify the terms of the
authorization to reflect any new requirements imposed by current
Federal and State land use plans, laws, regulations, or other
management decisions. Appropriate environmental analysis must accompany
the decision to reauthorize the special use.
Subpart E--Revenue-Producing Visitor Services in Alaska
0
16. The authority citation for part 251, subpart E, continues to read
as follows:
Authority: 16 U.S.C. 3197.
0
17. Amend Sec. 251.124 by revising paragraph (b) to read as follows:
Sec. 251.124 Preferred operator competitive special use
authorization procedures.
* * * * *
[[Page 84710]]
(b) In such circumstances, the authorized officer shall solicit
applications competitively by issuing a prospectus for persons to apply
for a visitor services authorization. Notwithstanding Forest Service
outfitting and guiding policy in Forest Service Handbook 2709.14,
Chapter 50, when authorizations, including priority use permits for
activities other than sport hunting and fishing, expire in accordance
with their terms, they shall not be reissued if there is a need to
limit use and when there is competitive interest by preferred
operators.
* * * * *
Homer Wilkes,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2023-26666 Filed 12-5-23; 8:45 am]
BILLING CODE 3411-15-P
