Rule2024-20239
Special Uses; Land Use Fees; Temporary Land Use Fee Reductions for Recreation Residence Permits
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2024
Effective
October 9, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The Forest Service (Forest Service or Agency), United States Department of Agriculture, is issuing this final rule 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 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Rules and Regulations]
[Pages 72990-72994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20239]
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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, USDA.
ACTION: Final rule.
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SUMMARY: The Forest Service (Forest Service or Agency), United States
Department of Agriculture, is issuing this final rule to update its
special uses regulations, consistent with the requirement in the Cabin
Fee Act, to provide for suspension or temporary
[[Page 72991]]
reduction of the land use fee for a recreation residence permit if
access to or occupancy of the recreation residence is significantly
restricted.
DATES: The final rule is effective October 9, 2024.
FOR FURTHER INFORMATION CONTACT: Brandon Smith, Lands, Minerals, and
Geology Management Staff, (406) 491-1605 or <a href="/cdn-cgi/l/email-protection#caa8b8aba4aea5a4e4a9e4b9a7a3bea28abfb9aeabe4ada5bc"><span class="__cf_email__" data-cfemail="dbb9a9bab5bfb4b5f5b8f5a8b6b2afb39baea8bfbaf5bcb4ad">[email protected]</span></a>.
Individuals who use telecommunications devices for the hearing-impaired
may call 711 to reach the Telecommunications Relay Service, 24 hours a
day, every day of the year, including holidays.
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
for use and occupancy of National Forest System lands 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 Final 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 (f)(3)(A) of the Cabin Fee Act
(16 U.S.C. 6214(f)(3)(A)) 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 (f)(3)(B) of the Cabin Fee Act (16 U.S.C. 6214(f)(3)(B))
requires the determination of whether to suspend or temporarily reduce
the annual land use fee for a recreation residence permit to be
administratively appealable.
Revisions to 36 CFR Part 214
The final rule amends 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.
Revisions to 36 CFR Part 251, Subpart B
The final rule adds a definition to 36 CFR 251.51 for the term
``significantly restricted access to or occupancy of a recreation
residence,'' which is defined as 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. The objectivity and
simplicity of this definition avoids 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'' does 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
Department 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, which
is a standard clause in special use authorizations.
The final rule amends 36 CFR 251.57 by adding paragraph (i) 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 final rule provides 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 will 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 will be applied to the annual land use fee for the
recreation residence permit for the following year.
The final rule has no effect on the risk of loss clause in term
special use permits for recreation residences, other than by
temporarily reducing the annual land use fee for a recreation residence
permit in accordance with the terms of the final rule, consistent with
the Cabin Fee Act. The final rule has no effect on any other type of
special use or special use authorization.
This final rule is entirely within the scope of section (f)(3)(A)
and (B) of the Cabin Fee Act (16 U.S.C. 6214(f)(3)(A) and (B)), which
is unambiguous. Section (f)(3)(A) requires the Department to promulgate
regulations that ``establish criteria pursuant to which the annual fee
determined in accordance with this section may be suspended or reduced
temporarily if access to, or the occupancy of, the recreational
residence is significantly restricted.'' Section (f)(3)(A) thus gives
the Department discretion to determine the criteria for suspending or
temporarily reducing the annual land use fee if access to or occupancy
of a recreation residence is significantly restricted. The final rule
establishes those criteria as provided by the Cabin Fee Act. Section
(f)(3)(B) of the Cabin Fee Act requires the Department to promulgate
regulations that ``grant the cabin owner the right of an administrative
appeal of the determination made in accordance with subparagraph (A)
whether to suspend or reduce temporarily the annual fee.'' The final
rule provides for such an administrative appeal right as required by
the Cabin Fee Act.
Summary of Comments and Responses
Overview
The proposed rule was published in the Federal Register on October
2, 2023 (88 FR 67694). The Federal Register notice provided for a 60-
day comment period that closed December 1, 2023. The Forest Service
received 29 comments during the comment period. One comment was from an
organization, and the other comments, which were from individuals,
referenced the
[[Page 72992]]
comment from the organization or incorporated text from that comment
with slight modifications. Most of the comments addressed the scope of
the criteria for determining when a recreation residence would qualify
for a suspension or temporary reduction of the annual land use fee for
a recreation residence and the calculation for determining a temporary
reduction in the annual land use fee.
The comments on the proposed rule and the Department's responses
follow.
General Comments
Comment: Several commenters believed that the requirement in the
Cabin Fee Act to provide for suspension or temporary reduction of the
annual land use fee for a recreation residence permit if access to or
occupancy of the recreation residence is significantly restricted
should be interpreted broadly to encompass a wide range of scenarios.
These commenters believed that additional scenarios, such as when a
recreation residence is destroyed or partially damaged, should trigger
a suspension or temporary reduction of the annual land use fee for a
recreation residence because of significantly restricted access to or
occupancy of the recreation residence.
Response: As required by the Cabin Fee Act, the proposed and final
rules specify the criteria for when the annual land use fee for a
recreation residence permit will be temporarily reduced if access to or
occupancy of the recreation residence is significantly restricted.
Recreation residence permits contain standard terms to provide for
legal and programmatic sufficiency and that are included in special use
authorizations for a wide range of uses and activities on National
Forest System lands. Comments regarding standard terms in recreation
residence permits, including the risk of loss clause, are outside the
scope of the proposed and final rules. The Federal Register notices for
the proposed and final rules reference the standard risk of loss clause
in the recreation residence permit strictly in connection with
scenarios that will not trigger a temporary reduction in the annual
land use fee because they are risks assumed by the holder under the
standard risk of loss clause, and to limit the effect of the rule on
the standard risk of loss clause to providing for temporarily reducing
the annual land use fee for a recreation residence permit in accordance
with the terms of the proposed and final rules, consistent with the
Cabin Fee Act.
This final rule implements a statutory requirement in the Cabin Fee
Act to provide for suspension or temporary reduction of the annual land
use fee for a recreation residence because of significantly restricted
access to or occupancy of the recreation residence. The Cabin Fee Act
requires the rule to specify the criteria for when this requirement is
met. The specific criteria in the rule are when access to or occupancy
of a recreation residence is prohibited by law for a period of at least
30 consecutive calendar days either (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 Department does not believe it is appropriate to include other
situations where access to or occupancy of a 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 Department believes these situations fall outside the
scope of the temporary annual land use fee reduction for a recreation
residence because they are risks assumed by the holder of a recreation
residence permit under the standard risk of loss clause in form FS-
2700-5a, Term Special Use Permit for Recreation Residences.
Comment: Commenters expressed interest in factoring in seasonal and
weather-related limitations on access to a recreation residence in
calculating a temporary reduction in the annual land use fee for a
recreation residence based on significantly restricted access to or
occupancy of the recreation residence.
Response: Access to recreation residences was considered in and
influenced the valuation process that was used to establish the 11 land
use fee tiers in the Cabin Fee Act. The methodology in the final rule
for calculating the temporary reduction in the annual land use fee for
significantly restricted access to or occupancy of a recreation
residence allows for a simplified, consistent, and national approach
that avoids additional processes and analysis. Annual land use fees for
recreation residences are charged for the entire year, and there is
nothing in form FS-2700-5a, Term Special Use Permit for Recreation
Residences, that limits the use and occupancy for any season.
Recreation residences may be used any month of the year and depending
on the circumstances may be accessed on foot or by over-snow vehicle,
snowshoes, or watercraft, as well as by car. The No Warranty of Access,
Site Suitability, or Services clause in Form FS-2700-5a states that the
Forest Service does not make any express or implied warranty of access
to the permit area, of the suitability of the permit area for the
authorized uses, or for the furnishing of road or trail maintenance,
water, fire protection services, search and rescue services, or any
other services by a government agency, utility, association, or
individual.
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 final 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 Department has developed the final 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 final rule as not a major rule as defined by 5 U.S.C.
804(2).
National Environmental Policy Act
The final rule updates the Department's regulations consistent with
the requirement in the Cabin Fee Act to provide for a suspension or
temporary reduction in the annual 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
[[Page 72993]]
to establish servicewide administrative procedures, program processes,
or instructions.'' The Department's assessment is 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 the final rule under the requirements
of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). The final
rule updates the Department's regulations consistent with the
requirement in the Cabin Fee Act to provide for a suspension or
temporary reduction in the annual land use fee for a recreation
residence permit if access to or occupancy of the recreational
residence is significantly restricted. 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 the final rule under the requirements
of Executive Order 13132, Federalism. The Department has determined
that the final rule conforms with the federalism principles set out in
this executive order; 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 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 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 final rule updates the Department's
regulations consistent with the requirement in the Cabin Fee Act to
provide for a suspension or temporary reduction in the annual land use
fee for a recreation residence permit if access to or occupancy of the
recreational residence is significantly restricted. The Department has
reviewed this final rule in accordance with the requirements of
Executive Order 13175 and has determined that this final rule will 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 final rule.
Environmental Justice
The Department has considered the final rule under the requirements
of Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations. The
Department has determined that the final 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.
Family Policymaking Assessment
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for a rule that may affect family well-
being. The final rule will have no impact on the autonomy or integrity
of the family as an institution. Accordingly, the Department has
concluded that it is not necessary to prepare a Family Policymaking
Assessment for the final rule.
No Takings Implications
The Department has analyzed the final rule in accordance with the
principles and criteria in Executive Order 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.
Energy Effects
The Department has reviewed the final rule under Executive Order
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 Executive Order 13211.
Civil Justice Reform
The Department has analyzed the final rule in accordance with the
principles and criteria in Executive Order 12988, Civil Justice Reform.
After adoption 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 the 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), 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 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 amends chapter II of title 36 of the Code of Federal
Regulations as follows:
[[Page 72994]]
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(c) 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:
(1) 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
(2) 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 adding paragraph (i) to read as follows:
Sec. 251.57 Land use fees.
* * * * *
(i) 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
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. 2024-20239 Filed 9-6-24; 8:45 am]
BILLING CODE 3411-15-P
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