Proposed Rule2023-21564
Special Uses; Land Use Fees; Temporary Land Use Fee Reductions for Recreation Residence Permits
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Published
October 2, 2023
Issuing agencies
Agriculture DepartmentForest Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 189 (Monday, October 2, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for sending comments.
<bullet> Mail: Director, Lands Staff, 201 14th Street SW,
Washington, DC 20250-1124.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#4725352629232829692469342a2e332f073234232669202831"><span class="__cf_email__" data-cfemail="650717040b010a0b4b064b16080c110d25101601044b020a13">[email protected]</span></a>.
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
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