Notice2024-23216
Information Collection; Special Use Administration
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
October 8, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, the Forest Service (Forest Service or Agency) is requesting comment on reapproval and proposed revisions of an approved information collection request (ICR), 0596-0082, Special Use Administration.
Full Text
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<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
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[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81417-81424]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23216]
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DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection; Special Use Administration
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Forest Service (Forest Service or Agency) is requesting comment on
reapproval and proposed revisions of an approved information collection
request (ICR), 0596-0082, Special Use Administration.
DATES: Comments on reapproval and the proposed revisions of the ICR
must be received in writing by December 9, 2024.
ADDRESSES: Comments may be sent to Director, Lands, Minerals, and
Geology staff, 201 14th Street SW, Washington, DC 20250-1124, or may be
submitted to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments submitted in
response to this notice will be available to the public through the
relevant website and upon request. Therefore, do not include
confidential information, such as sensitive personal or proprietary
information. Email addresses associated with comments will be included
as part of the comment that is made publicly available online.
The public may inspect the supporting documents for the ICR and
comments received at the Office of the Director, Lands, Minerals, and
Geology staff, 1st Floor Southeast, Sidney R. Yates Federal Building,
201 14th Street SW, Washington, DC, on business days between 8:30 a.m.
and 4 p.m. Visitors are encouraged to call ahead at 202-205-0444 to
facilitate entry into the building. The public may request an
electronic copy of the supporting documents via return email. Requests
should be emailed to <a href="/cdn-cgi/l/email-protection#0e7d6320687d205d5b5168617c637d4e7b7d6a6f20696178"><span class="__cf_email__" data-cfemail="80f3edaee6f3aed3d5dfe6eff2edf3c0f5f3e4e1aee7eff6">[email protected]</span></a>. The ICR, including the
proposed revisions, is posted at <a href="https://usfs-public.box.com/s/bd84lkk0sxeenfoiq9f00eef2wbh8q6t">https://usfs-public.box.com/s/bd84lkk0sxeenfoiq9f00eef2wbh8q6t</a>.
FOR FURTHER INFORMATION CONTACT: Sadie Wehunt, National Assistant
Recreation Special Uses Program Manager, Recreation, Heritage, and
Volunteer Resources staff, at <a href="/cdn-cgi/l/email-protection#e39082878a86cd94868b968d97a396908782cd848c95"><span class="__cf_email__" data-cfemail="463527222f236831232e332832063335222768212930">[email protected]</span></a> or 406-249-7894 or
Nick Szuch, Communications
[[Page 81418]]
Use Specialist, Lands, Minerals, and Geology staff, at
<a href="/cdn-cgi/l/email-protection#b1dfd8d2d9deddd0c29fc2cbc4d2d9f1c4c2d5d09fd6dec7"><span class="__cf_email__" data-cfemail="8ae4e3e9e2e5e6ebf9a4f9f0ffe9e2cafff9eeeba4ede5fc">[email protected]</span></a> or 970-589-5231. Individuals who use
telecommunication 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:
Title: Special Uses Administration.
OMB Number: 0596-0082.
Expiration Date of Approval: December 31, 2024.
Type of Request: Reapproval and proposed revisions of an approved
ICR.
Abstract: The Forest Service manages approximately 193 million
acres of Federal lands, known as National Forest System (NFS) lands.
Several statutes authorize the Forest Service to issue and administer
special use authorizations for use and occupancy of NFS lands and to
collect information from the public for those purposes, including but
not limited to the Organic Administration Act of 1897 (16 U.S.C. 551);
Title V of the Federal Land Policy and Management Act of 1976 (FLPMA,
43 U.S.C. 1761-1772); Term Permit Act of March 4, 1915 (16 U.S.C. 497);
National Forest Ski Area Permit Act (16 U.S.C. 497b); section 28 of the
Mineral Leasing Act (30 U.S.C. 185); National Forest Roads and Trails
Act (FRTA, 16 U.S.C. 532-538); section 7 of the Granger-Thye Act (16
U.S.C. 480d); Act of May 26, 2000 (16 U.S.C. 460l-6d); Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801-6814); Archaeological
Resources Protection Act of October 31, 1979 (16 U.S.C. 1996); and
section 111 of the National Historic Preservation Act (54 U.S.C.
306121). Forest Service regulations implementing these authorities at
36 CFR part 251, subpart B, require collection of information,
including submission of special use applications, execution of special
use authorization forms, and imposition of terms that require
submission of information. Uses authorized on NFS lands include a
variety of activities, facilities, and improvements such as recreation
residences, apiaries, domestic water supply conveyance systems, road
rights-of-way, powerline facilities, communications uses, outfitting
and guiding, campground concessions, resorts, ski areas, and marinas.
Special use authorization forms are used to authorize these activities,
facilities, and improvements on NFS lands.
Forest Service regulations at 36 CFR part 251, subpart B, require
each special use authorization to contain terms that will carry out the
purposes of applicable statutes and their implementing regulations;
minimize damage to scenic and aesthetic values, fish and wildlife
habitat, and otherwise protect the environment; require compliance with
applicable air and water quality standards; and require compliance with
State standards that are more stringent than Federal standards for
public safety, environmental protection, and siting, construction,
operation, and maintenance (36 CFR 251.56(a)(1)(i)). In addition,
Forest Service regulations require each special use authorization to
contain terms deemed necessary by the Agency to protect Federal
property and economic interests; efficiently manage the authorized NFS
lands and adjacent NFS lands; protect other lawful users of the
authorized NFS lands and adjacent NFS lands; protect lives and
property; protect the interests of those living in the vicinity of the
authorized use who rely on the fish, wildlife, and other biotic
resources of the area for subsistence; require siting to cause the
least environmental damage, taking into consideration feasibility and
other relevant factors; and otherwise protect the public interest (36
CFR 251.56(a)(1)(ii)).
The Forest Service uses the forms and clauses in this ICR to ensure
that uses of NFS lands are administered in accordance with applicable
statutes, regulations, and Agency directives. The information collected
is used to evaluate applications for special uses, monitor compliance
with special use authorizations, generate bills for collection of land
use fees for special use authorizations, create reports for the
Agency's Special Uses Program, and other matters pertaining to
administration of special use authorizations.
There are six categories of information collected by this ICR:
(1) Information required from applicants to evaluate special use
applications and issue special use authorizations;
(2) Information required from holders to administer their special
use authorization;
(3) Annual financial information required from holders to determine
annual land use fees for their special use authorization;
(4) Information required from holders to prepare and update the
operating plan for their special use authorization;
(5) Information required from holders to prepare and update a road
maintenance plan; and
(6) Information required from holders to complete compliance
reports and informational updates.
The six categories cover the entire ICR, including special use
application and special use authorization forms; cost recovery
agreements; prospectus forms; reporting forms; supplemental special use
authorization clauses in Forest Service Handbook 2709.11, chapter 50;
and information collected other than through use of a form. These six
categories demonstrate the complexity of the Special Uses Program and
the importance of the ICR in administration of the program.
Category 1: The Special Use Application Process
FS-2700-3a, Request for Revocation of a Special Use Authorization,
is used to facilitate issuance of a new special use authorization when
there is a change in ownership of authorized improvements or a change
in control of the holder of a special use authorization.
FS-2700-3b, Special Use Permit for Noncommercial Group Use,
provides information used to evaluate requests to use NFS lands for
noncommercial gatherings involving 75 or more people, such as a wedding
or an activity involving the exercise of First Amendment rights, and to
authorize such requests.
FS-2700-3c, Special Use Application and Permit for Recreation
Events, is used to collect information needed to evaluate requests to
use NFS lands for events involving an entry or participation fee, such
as an endurance ride, and to authorize such requests.
FS-2700-3f, Special Use Application and Temporary Permit for
Outfitting and Guiding, is the form used by the Forest Service to
collect information and to issue temporary permits to use NFS lands for
outfitting and guiding.
FS-2700-10, Technical Data Sheet for Communications Uses, is the
form used by the Forest Service to collect information on and to
evaluate the compatibility of communications equipment at a
communications site to minimize frequency interference and other
compatibility problems.
FS-2700-11, Agreement Concerning a Small Business Administration
Loan for a Holder of a Special Use Permit, is the form used by the
Forest Service to collect information and to enter into an agreement
with a holder, a lender, and the U.S. Small Business Administration
regarding a loan guaranteed by the Small Business Administration.
FS-2700-12, Agreement Concerning a Loan for a Holder of a Special
Use Authorization, is the form used by the Forest Service to collect
information and to enter into an agreement with a holder and a lender
regarding a loan not guaranteed by the Small Business Administration.
[[Page 81419]]
FS-2700-30, Application for Permit for Archaeological
Investigations, is the form used by the Forest Service to collect
information and to evaluate the technical capability and qualifications
of an applicant to conduct archaeological investigations on NFS lands.
FS-2700-33, Insurance Endorsement for a Special Use Authorization,
is the form used by the Forest Service to collect information and to
name the United States as an additional insured in an insurance policy
issued to the holder of a special use authorization.
FS-2700-34, Prospectus for Campground and Related Granger-Thye
Concessions, is the form used by the Forest Service to select the most
qualified applicant to operate a campground concession through a
competitive process.
Prospectuses for other types of uses are developed when there is
competitive interest to select the most qualified applicant to operate
other types of concessions.
FS-2700-40, Assumption of Risk, Waiver of Liability, and Indemnity
Agreement for Good Samaritan Search and Recovery Missions, is the form
used by the Forest Service to collect information and to provide for
assumption of risk, waiver of claims against the United States, and
indemnification of the United States during good Samaritan search and
rescue activities.
FS-6500-24, Financial Statement, is the form used by the Forest
Service to collect information on and to evaluate the financial
capability of an applicant to undertake the proposed use and to comply
with the terms of the special use authorization for the proposed use.
This form is used primarily for applications to operate ski areas,
resorts, and federally owned campgrounds on NFS lands.
FS-6500-25, Request for Verification, is the form used by the
Forest Service to (1) obtain information from a financial institution
to verify the financial capability of an applicant to undertake the
proposed use; and (2) comply with the terms of the special use
authorization for the proposed use. This form is used primarily for
applications to operate ski areas, resorts, and federally owned
campgrounds on NFS lands.
Category 2: Special Use Authorizations and Clauses in Directives
FS-2700-4, Special Use Permit, is the form used by the Forest
Service to collect information for and to authorize a variety of uses
on NFS lands not covered by another special use authorization form.
FS-2700-4b, Forest Road Special Use Permit, is the form used by the
Forest Service to collect information for and to authorize under FLPMA
the construction and use of an NFS road, typically to access private
property within a national forest for commercial purposes such as
timber hauling or noncommercial purposes such as residential use.
FS-2700-4c, Private Road Special Use Permit, is the form used by
the Forest Service to collect information for and to authorize under
FLPMA the construction and use of a road that is not part of the forest
transportation system to access nonFederal land, a mining claim, a
mineral leasing area, or other uses of NFS lands.
FS-2700-4d, Special Use Permit for a Temporary Road Covered by a
Cost Share Agreement, is the form used by the Forest Service to collect
information for and to authorize under FLPMA the construction,
maintenance, and use of a temporary road on NFS lands covered by a cost
share agreement to access private property within a national forest for
commercial purposes, such as timber harvesting.
FS-2700-4h, Special Use Permit for Campground and Related Granger-
Thye Concessions, is the form used by the Forest Service to collect
information for and to authorize the operation and maintenance of a
federally owned campground and related federally owned developed
recreation sites on NFS lands.
FS-2700-4h, Appendix C, Special Use Permit for Campground and
Related Granger-Thye Concessions, Granger-Thye Fee Offset Agreement, is
the form used by the Forest Service to collect information regarding
the Government maintenance, reconditioning, renovation, and improvement
to be performed to offset the annual land use fee for a Campground and
Related Granger-Thye Concessions Special Use Permit.
FS-2700-4h, Appendix G, Special Use Permit for Campground and
Related Granger-Thye Concessions, Operation of Federally Owned Drinking
Water Systems, is the form used by the Forest Service to collect
information in connection with a campground concessioner's operation of
a federally owned drinking water system.
FS-2700-4h, Appendix H, Special Use Permit for Campground and
Related Granger-Thye Concessions, Granger-Thye Fee Offset Claim, is the
form used by the Forest Service to collect information regarding claims
for allowable costs for Government maintenance, reconditioning,
renovation, and improvement for purposes of offsetting the annual land
use fee for a Campground and Related Granger-Thye Concessions Special
Use Permit.
FS-2700-4i, Special Use Permit for Outfitting and Guiding, is the
form used by the Forest Service to collect information for and to
authorize the use and occupancy of NFS lands to conduct outfitting and
guiding.
FS-2700-4i, Appendix H, Special Use Permit for Outfitting and
Guiding, Annual Stewardship Act Fee Offset Agreement, is the form used
by the Forest Service to collect information regarding the
construction, improvement, or maintenance of NFS trails, trailheads, or
developed sites to be performed to offset the annual land use fee for a
Special Use Permit for Outfitting and Guiding.
FS-2700-4i, Appendix I, Special Use Permit for Outfitting and
Guiding, Annual Stewardship Act Fee Offset claim, is the form used by
the Forest Service to collect information regarding claims for
allowable costs for the construction, improvement, or maintenance of
NFS trails, trailheads, or developed sites to be performed to offset
the annual land use fee for a Special Use Permit for Outfitting and
Guiding.
FS-2700-4j, Powerline Facility Permit for nonFederal Entities, is
the form used by the Forest Service to collect information for and to
authorize the use and occupancy of NFS lands by a nonFederal entity
that owns and operates an electric transmission line and associated
facilities.
FS-2700-4m, Special Use Permit for Archaeological Investigations,
is the form used by the Forest Service to collect information for and
to authorize an archaeological investigation.
FS-2700-4 Shawnee, Special Use Permit for Equestrian Outfitting in
the Shawnee National Forest, is the form used by the Forest Service to
collect information for and to authorize equestrian outfitting and
guiding in the Shawnee National Forest.
FS-2700-5, Term Special Use Permit, is the form used by the Forest
Service to collect information for and to authorize long-term use of
NFS lands involving a privately owned facility.
FS-2700-5a, Term Special Use Permit for Recreation Residences, is
the form used by the Forest Service to collect information for and to
authorize a privately owned recreation residence on NFS lands.
FS-2700-5a Grand Island, Term Special Use Permit for Recreation
Residences, is the form used by the Forest Service to collect
information for
[[Page 81420]]
and to authorize a privately owned recreation residence in the Grand
Island Recreation Area.
FS-2700-5b, Ski Area Term Special Use Permit, is the form used by
the Forest Service to collect information for and to authorize a ski
area on NFS lands.
FS-2700-5c, Resort and Marina Term Special Use Permit, is the form
used by the Forest Service to collect information for and to authorize
a resort and marina on NFS lands.
FS-2700-5d, Special Use Permit, Resort Supplement for Outfitting
and Guiding, is the form used by the Forest Service to collect
information for and to authorize outfitting and guiding in connection
with a commercial public service site on NFS lands.
FS-2700-9a, Agricultural Irrigation and Livestock Watering System
Easement, is the form used by the Forest Service to collect information
for and to grant an easement for an agricultural irrigation or a
livestock watering system on NFS lands.
FS-2700-9d, Cost Share Easement, is the form used by the Forest
Service to collect information for and to authorize under FRTA the
acquisition, construction, reconstruction, maintenance, and use of an
NFS road that is subject to a cost share agreement. The parties to the
cost share agreement grant each other easements within the geographic
area covered by the agreement. A cost share easement is for an NFS road
and is subject to the cost sharing provisions of the agreement.
FS-2700-9e, Non-Cost Share Easement, is the form used by the Forest
Service to collect information for and to authorize under FRTA the
construction, reconstruction, maintenance, and use of a private road
under a cost share agreement. The parties to the cost share agreement
grant each other easements within the geographic area covered by the
agreement. A non-cost share easement is for a private road (rather than
an NFS road) and is not subject to the cost sharing provisions of the
agreement.
FS-2700-9f, Public Road Easement, is the form used by the Forest
Service to collect information for and to grant an easement under FRTA
to a public road authority, such as a State or county, to construct and
maintain a public road that is not part of the Federal Aid Highway
System.
FS-2700-9g, Forest Road Easement, is the form is used by the Forest
Service to collect information for and to grant an easement under FRTA
to a party to a cost share agreement or to another nonFederal landowner
who is cooperating in the acquisition, construction, or maintenance of
an NFS road. The easement is for acquisition, construction or
reconstruction, maintenance, and use of an NFS road that is outside the
scope of a cost share agreement. At the time the easement is granted,
the grantor and the grantee share the costs of acquisition,
construction, and reconstruction. After the easement is granted, the
grantor and the grantee share only the cost of maintenance.
FS-2700-9h, Private Road Easement, is the form used by the Forest
Service to collect information for and to grant an easement under FRTA
to a party to a cost share agreement or to another nonFederal landowner
who is cooperating in the acquisition, construction, or maintenance of
an NFS road. The easement is for construction or reconstruction,
maintenance, and use of a private road that is outside the boundaries
of a cost share agreement. Since the easement is for a private rather
than an NFS road, the costs of constructing, reconstructing, and
maintaining the road are borne by the grantee.
FS-2700-9i, Forest Road Easement, is the form used by the Forest
Service to collect information for and to grant an easement under FLPMA
for construction, reconstruction, maintenance, and use of an NFS road
when the grantee is not a party to a cost share agreement for the
acquisition, construction, and maintenance of an NFS road or when the
grantee does not meet the requirements for issuance of a forest road
easement under FRTA.
FS-2700-9j, Private Road Easement, is the form used by the Forest
Service to collect information for and to grant an easement under FLPMA
for construction, reconstruction, maintenance, and use of a private
road when the grantee is not a party to a cost share agreement for the
acquisition, construction, and maintenance of an NFS road or when the
grantee does not meet the requirements for issuance of a private road
easement under FRTA.
FS-2700-10b, Communications Use Lease, is the form used by the
Forest Service to collect information for and to authorize a
communications use on NFS lands.
FS-2700-13, Historic Property Lease, is the form used by the Forest
Service to collect information for and to authorize leasing of an
historic property under the jurisdiction of the Forest Service.
FS-2700-14, Lease for Forest Service Administrative Sites, is the
form used by the Forest Service to collect information for and to
authorize leasing of a Forest Service administrative site under the
Forest Service Facility Realignment and Enhancement Act of 2005 or
section 8623 of the Agriculture Improvement Act of 2018 (2018 Farm
Bill).
FS-2700-14a, Prospectus for Leasing Administrative Sites, is the
form used by the Forest Service to collect information and to solicit
applications for a Forest Service administrative site lease under
section 8623 of the 2018 Farm Bill or the Forest Service Facility
Realignment and Enhancement Act of 2005.
FS-2700-14b, Lease for Forest Service Administrative Sites,
Appendix B, In-Kind Consideration Agreement, is the form used by the
Forest Service to collect information for and to agree to in-kind
consideration for a Forest Service administrative site lease issued
under section 8623 of the 2018 Farm Bill.
FS-2700-14c, Lease for Forest Service Administrative Sites,
Appendix C, Claim for In-Kind Consideration Costs, is the form used by
the Forest Service to collect information for and to approve costs
claimed as in-kind consideration for a Forest Service administrative
site lease issued under section 8623 of the 2018 Farm Bill.
FS-2700-23, Amendment of a Special Use Authorization, is the form
used by the Forest Service to collect information for and to amend a
special use authorization.
FS-2700-25, Temporary Special Use Permit, is the form used by the
Forest Service to collect information for and to authorize use and
occupancy of 1 year or less on NFS lands.
FS-2700-26, Category 6 Major Category Cost Recovery Agreement, is
the form used by the Forest Service to collect information and cost
recovery fees for a special use application or authorization involving
over 50 hours to process or monitor.
FS-2700-26b, Category 5 Cost Recovery Master Agreement, is the form
used by the Forest Service to collect information and cost recovery
fees for a special use application or authorization involving multiple
phases of development or a group of applications or similar
applications for a specified geographic area.
FS-2700-27, Notice to Alaska Native Corporations Regarding Upcoming
Prospectus for Visitor Services, is the form used by the Forest Service
to collect information for and to provide notice to Alaska Native
Corporations of the issuance of a prospectus to conduct visitor
services in Conservation System Units in Alaska. Notification provides
the Alaska Native Corporations a chance to request designation as a
most directly
[[Page 81421]]
affected Native Corporation for purposes of competing for the
opportunity to conduct visitor services.
FS-2700-31, Powerline Facility Easement, is the form used by the
Forest Service to collect information for and to grant an easement
under FLPMA for a powerline facility to a nonFederal entity.
Forest Service Handbook (FSH) 2709.11, Chapter 50, is the directive
that contains standard clauses that have been approved for use in
special use authorizations.
Category 3: Financial Information
FS-2700-7, Annual Gross Revenue for Purposes of Annual Land Use Fee
Calculation, is the form used by the Forest Service to collect
information for and to determine annual land use fees based on annual
gross revenue.
FS-2700-8, Annual Gross Fixed Assets for Purposes of Annual Land
Use Fee Calculation, is the form used by the Forest Service to collect
information for and to determine annual land use fees based on the
holder's gross fixed assets.
FS-2700-10a, Facility Owner and Occupant Inventory of
Communications Uses, is the form used by the Forest Service to collect
information for and to determine the annual land use fees for a
communications facility based on the communications uses in or on the
communications facility.
FS-2700-19, Annual Land Use Fee Calculation for Concession Permits,
is the form used by the Forest to collect information for and to
determine the annual land use fee for commercial recreation special use
permits under the Graduated Rate Fee System.
FS-2700-19a, Annual Land Use Fee Calculation for Ski Area Permits,
is the form used by the Forest Service to collect information for and
to determine the annual land use fee for ski area permits under the
National Forest Ski Area Permit Fee Act.
FS-2700-38, Documentation of Eligibility for Financing by the Rural
Utilities Service Under the Rural Electrification Act, is the form used
by the Forest Service to collect information and for the Rural
Utilities Service to determine eligibility for an exemption from a land
use fee under the Rural Electrification Act.
Information is collected by the Forest Service from holders of a
special use authorization for other purposes in connection with
administration of their special use authorization. The Forest Service
collects information from holders of a special use authorization
regarding various business practices, such as accounting or other
financial records, typically under the terms of their authorization.
Category 4: Preparing and Updating Operating Plans
Special use authorizations may contain a clause requiring the
holder to prepare and update an operating plan governing day-to-day
operations of the authorized use. The information collected in
preparing and updating operating plans is used in specifying the
procedures and policies for conducting the authorized use. Typically,
operating plans contain daily operating guidelines, fire abatement and
control procedures, monitoring guidelines, maintenance standards,
safety and emergency plans, and inspection standards. Operating plans
are usually necessary for complex operations, commercial uses, and uses
conducted in environmentally sensitive areas.
Category 5: Preparing and Updating Maintenance Plans
A permit or easement issued under FLPMA or FRTA may require the
holder or grantee to submit and update a road maintenance plan or
information necessary for the preparation of a road maintenance plan. A
road maintenance plan governs the responsibility of the holder or
grantee to perform or pay for the holder's or grantee's share of
maintenance costs for an NFS road.
Category 6: Compliance Reports and Information Updates
FS-2700-1, Monitoring Report for Special Uses, is the form used by
the Forest Service to collect information for and to document
compliance of an authorized use with the governing special use
authorization.
FS-2700-6b, Recreation Residence Self-Inspection Report, is the
form used by the Forest Service to collect information for and to
review and record any modifications made to a recreation residence.
Compliance Reports and Information Updates. Special use
authorizations may contain a clause requiring the holder to provide the
Forest Service with compliance reports, other types of reports, and
other information that is required by Federal law or that is required
to ensure adequate protection of NFS resources or to address public
health and safety concerns. Examples of compliance and information
updates include dam maintenance inspection reports and logs required by
the Reclamation Safety of Dams Act of 1978 and the National Dam Safety
Program Act; documentation that authorized facilities passed safety
inspections; documentation showing that the United States is included
as an additional insured in an endorsement to an insurance policy
issued to a holder; notifications involving a change in ownership of
authorized improvements or a change in control of the holder; and
documentation of compliance with Title VI of the Civil Rights Act of
1964.
Estimated Annual Burden: 2 burden hours per response.
Types of Respondents: Individuals, businesses, non-profit entities,
and Federal and non-Federal governmental entities.
Estimated Annual Number of Respondents: 80,684.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 77,653 hours.
Comment is requested on: (1) whether the ICR is necessary for the
stated purposes and the proper performance of the functions of the
Agency, including whether the information will have practical or
scientific utility; (2) the accuracy of the Agency's estimate of the
burden of the ICR, including the validity of the methodology and
assumptions used; (3) ways to enhance the quality, utility, and clarity
of the information to be collected; and (4) ways to minimize the burden
of the collection of information on respondents, including the use of
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology.
In conjunction with reapproval of the ICR, the Forest Service is
requesting comment on substantive revisions to the ICR. In particular,
the Forest Service is requesting comment on 3 proposed new special use
authorization forms and proposed updates of the following 34 special
use authorization forms. The Forest Service is not requesting comment
on any other provisions in these 34 special use authorization forms,
which are not proposed for revision:
FS-2700-3c
FS-2700-3f
FS-2700-4
FS-2700-4b
FS-2700-4c
FS-2700-4d
FS-2700-4h
FS-2700-4h, Appendix C
FS-2700-4h, Appendix H
FS-2700-4i
FS-2700-4i, Appendix H
FS-2700-4i, Appendix I
FS-2700-4j
FS-2700-4 Shawnee
FS-2700-5
FS-2700-5a
FS-2700-5a Grand Island
FS-2700-5b
FS-2700-5c
[[Page 81422]]
FS-2700-9a
FS-2700-9d
FS-2700-9e
FS-2700-9f
FS-2700-9g
FS-2700-9h
FS- 2700-9i
FS-2700-9j
FS-2700-10b
FS-2700-10c
FS-2700-13
FS-2700-14
FS-2700-14b
FS-2700-25
FS-2700-31
The following describes the 3 proposed new special use
authorization forms and the proposed revision or addition of standard
clauses in the 34 special use authorization forms.
Proposed New Special Use Authorization Forms
The Forest Service is requesting public comment on 3 proposed new
special use authorization forms: FS-2700-10d, Communications Use Permit
for Use and Occupancy of Structures Under the Jurisdiction of the
Forest Service; FS-2700-4o, Oil or Gas Pipeline Facility Permit; and
FS-2700-31a, Oil or Gas Pipeline Facility Easement.
FS-2700-10d, Proposed Communications Use Permit for Use and Occupancy
of Structures Under the Jurisdiction of the Forest Service
Section 7 of the Granger-Thye Act authorizes the Forest Service to
issue permits to public or private entities or individuals for the use
and occupancy of Federally owned structures and other improvements
under the jurisdiction of the Forest Service and their underlying land.
This proposed new form would standardize authorization of
communications uses in or on communications facilities or improvements
under the jurisdiction of the Forest Service consistent with section 7
of the Granger-Thye Act and the Agency's implementing regulations and
directives, thereby enhancing efficiency, consistency, and legal and
programmatic sufficiency. Currently FS-2700-4, Special Use Permit,
which is generic, is used for this purpose, and clauses must be added
as directed in FSH 2709.11, Chapter 50. Use of this proposed new form
would not increase the burden, but rather would shift some of the
burden associated with use of FS-2700-4 to use of this proposed new
form.
Estimated Annual Burden: 2 burden hours per response.
Type of Respondents: Individuals, businesses, non-profit entities,
and Federal and nonFederal governmental entities.
Estimated Annual Number of Respondents: 18 respondents.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 36 hours.
Comment is requested on (1) whether the collection of information
associated with the proposed new form is necessary for the stated
purposes and the proper performance of the functions of the Agency,
including whether the information will have practical or scientific
utility; (2) the accuracy of the Agency's estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility, and
clarity of the information to be collected; and (4) ways to minimize
the burden of the collection of information on respondents, including
the use of automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
FS-2700-4o, Proposed Oil or Gas Pipeline Facility Permit
The proposed new form, FS-2700-4o, Oil or Gas Pipeline Facility
Permit, would standardize issuance of permits for oil and gas pipelines
and related infrastructure on NFS lands under the Mineral Leasing Act.
This proposed new form would enhance efficiency, consistency, and legal
and programmatic sufficiency in authorization of oil and gas
infrastructure on NFS lands, consistent with the governing statute and
the Agency's implementing regulations and directives. Currently FS-
2700-4, Special Use Permit, which is generic, is used for this purpose,
and clauses must be added as directed in FSH 2709.11, Chapter 50. Use
of this proposed new form would not increase the burden, but rather
would shift some of the burden associated with use of FS-2700-4 to use
of this proposed new form.
Estimated Annual Burden: 2 burden hours per response.
Type of Respondents: Individuals, businesses, non-profit entities,
and Federal and nonFederal governmental entities.
Estimated Annual Number of Respondents: 20 respondents.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 40 hours.
Comment is requested on (1) whether the collection of information
associated with the proposed new form is necessary for the stated
purposes and the proper performance of the functions of the Agency,
including whether the information will have practical or scientific
utility; (2) the accuracy of the Agency's estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility, and
clarity of the information to be collected; and (4) ways to minimize
the burden of the collection of information on respondents, including
the use of automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
FS-2700-31a, Proposed Oil or Gas Pipeline Facility Easement
The proposed new form, FS-2700-31a, Oil or Gas Pipeline Facility
Easement, would standardize issuance of easements for oil and gas
pipelines and related infrastructure on NFS lands under the Mineral
Leasing Act. This proposed new form would enhance efficiency,
consistency, and legal and programmatic sufficiency in authorizing oil
and gas infrastructure on NFS lands, consistent with the governing
statute and the Agency's implementing regulations and directives.
Currently FS-2700-4, Special Use Permit, which is generic, is used for
this purpose, and clauses must be added as directed in FSH 2709.11,
Chapter 50. Use of this proposed new form would not increase the
burden, but rather would shift some of the burden associated with use
of FS-2700-4 to use of this proposed new form.
Estimated Annual Burden: 2 burden hours per response.
Type of Respondents: Individuals, businesses, non-profit entities,
and non-Federal governmental entities.
Estimated Annual Number of Respondents: 8 respondents.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 16 hours.
Comment is requested on (1) whether the collection of information
associated with the proposed new form is necessary for the stated
purposes and the proper performance of the functions of the Agency,
including whether the information will have practical or scientific
utility; (2) the accuracy of the Agency's estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility, and
clarity of the information to be collected; and (4) ways to minimize
the burden of the
[[Page 81423]]
collection of information on respondents, including the use of
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology.
Proposed Revision or Addition of Standard Clauses in Special Use
Authorization Forms
The Forest Service is proposing to remove the requirement in FS-
2700-5a, Term Special Use Permit for Recreation Residences, and FS-
2700-5a Grand Island, Term Special Use Permit for Recreation Residences
in the Grand Island National Recreation Area, to use the authorized
recreation residence at least 15 days per year. The Forest Service does
not believe it is necessary or appropriate to require minimum use and
occupancy of a private, noncommercial recreation residence.
The Forest Service is also proposing to remove the requirement to
enter into a Granger-Thye Act fee offset agreement in FS-2700-4h,
Special Use Permit for Campground and Related Granger-Thye Concessions,
and clause A-20 in FSH 2709.11, Chapter 50, section 52.1, and replace
it with language giving the authorized officer discretion to enter into
a Granger-Thye Act fee offset agreement.
Required Standard Clauses
The Forest Service is including clause D-4, the standard Federal
Survey Monuments, Corners, and Boundary Markers clause; clause X-17,
the standard Archaeological and Paleontological Discoveries clause;
clause X-33, the standard Relocation clause; and the standard Native
American Graves Protection and Repatriation Act clause in special use
authorization forms that lack those standard clauses. Per FSH 2709.11,
Chapter 50, these clauses are mandatory in some special use
authorizations for uses that involve ground disturbance or
improvements. Adding these clauses to special use authorization forms
for uses that require the clauses will enhance efficiency, consistency,
and legal and programmatic sufficiency, consistent with applicable
directives.
These 4 standard clauses are being added to the following special
use authorization forms:
FS-2700-4
FS-2700-4b
FS-2700-4c
FS-2700-4j
FS-2700-4k
FS-2700-5
FS-2700-5a
FS-2700-5a Grand Island
FS-2700-5b
FS-2700-5c
FS-2700-9a
FS-2700-9d
FS-2700-9e
FS-2700-9f
FS-2700-9g
FS-2700-9h
FS-2700-9i
FS-2700-9j
FS-2700-10b
FS-2700-10c
FS-2700-13
FS-2700-14
FS-2700-31
Nonsubstantive Revisions That Do Not Require Public Notice and Comment
Required Minimum Wage, Paid Sick Leave, and Davis-Bacon Act Clauses
The Forest Service is including the minimum wage and paid sick
leave clauses in FSH 2709.11, Chapter 50, section 52.3, clauses C-5 and
C-6, in the following 15 special use authorization forms, consistent
with Executive Orders 14026 and 13706 and their implementing
regulations. The minimum wage and paid sick leave clauses are being
added to the following special use authorization forms:
FS-2700-3c
FS-2700-3f
FS-2700-4
FS-2700-4h
FS-2700-4i
FS-2700-4j
FS-2700-4 Shawnee
FS-2700-5
FS-2700-5b
FS-2700-5c
FS-2700-10b
FS-2700-13
FS-2700-14
FS-2700-25
FS-2700-31
The Forest Service is also adding the Davis-Bacon Act, minimum
wage, and paid sick leave clause in FSH 2709.11, Chapter 50, section
52.3, clause C-4, to FS-2700-4h, Appendix C; FS-2700-4i, Appendix H;
and FS-2700-14b, consistent with the Davis-Bacon Act and Executive
Orders 14026 and 13706 and their implementing regulations.
Lack of Authority To Include Indirect Costs for Subcontract Costs
The Forest Service is revising FS-2700-4h, Appendix H, Granger-Thye
Fee Offset Claim, to clarify that while subcontract costs may be
included in direct costs for purposes of offsetting the annual land use
fee under section 7 of the Granger-Thye Act, indirect costs may not be
included for subcontract costs for purposes of the offset per FAR
52.251-23 unless certain criteria are met, as determined by the Forest
Service.
Inclusion of Dam Safety Clauses in FS-2700-5b, Term Special Use Permit
for Ski Areas
The Forest Service is adding the Dam Safety clauses, clauses B-36
and B-37, as clause III.T of FS-2700-5b, Ski Area Term Special Use
Permit. Per FSH 2709.11, Chapter 50, section 52.2, one of these
clauses, as applicable, must be included in a special use authorization
that authorizes a dam. Ski areas often have impoundments in the permit
area for purposes of snowmaking. Including the clauses in FS-2700-5b
will enhance efficiency, consistency, and legal and programmatic
sufficiency, consistent with applicable Agency directives.
Although inclusion of the applicable dam safety clause is required
in any special use authorization that authorizes a dam, the Forest
Service believes that the applicable dam safety clause has not
generally been included in FS-2700-5b when a dam is authorized at a ski
area. Therefore, the Forest Service is accepting comment on inclusion
of the dam safety clauses in FS-2700-5b.
Removal of Forms
The Forest Service is removing the following forms from the ICR.
These forms are either included in a different ICR or are no longer
needed for administration of the Special Uses Program.
The following forms are being removed from the ICR because they
have been approved for use under a separate ICR, OMB 0596-0081:
FS-2800-22A, Application for Authorization for Paleontological
Resources Research or Collection, which is used by the Forest Service
to collect information for and to evaluate an application for
paleontological resources research or collection.
FS-2800-22B, Authorization to Conduct Paleontological Resources
Research or Collection, which is used by the Forest Service to
collection information for and to establish stipulations for the
performance of authorized activities related to paleontological
resources research or collection.
FS-2800-22C, Paleontological Investigation Report Form, which is
used by the Forest Service to collect information for and to complete a
paleontological investigation report.
FS-2800-22D, Paleontological Specimen Data Form, which is used by
the Forest Service to collect information regarding paleontological
specimens.
The following special use authorization forms are being removed
from the ICR because they are no longer needed:
[[Page 81424]]
Stanislaus FS-2300-1A, Tuolumne Wild and Scenic River Permit, which
is used by the Forest Service to collect information for and to
authorize temporary use of the Tuolumne Wild and Scenic River. This use
is administered under the Forest Service's National Recreation Fee
Program via the <a href="http://Recreation.gov">Recreation.gov</a> website.
Stanislaus FS-2300-1B, Cherry Creek Self-Registration Permit, which
is used by the Forest Service to collect information for and to
authorize temporary use of the Cherry Creek River. This use is
administered under the Forest Service's National Recreation Fee Program
via the <a href="http://Recreation.gov">Recreation.gov</a> website.
FS-2300-3e, Special Use Application and Permit for Government-Owned
Buildings, which is used by the Forest Service to collect information
for and to authorize noncommercial use of Federally owned facilities on
NFS lands. This use is administered under the Forest Service's National
Recreation Fee Program via the <a href="http://Recreation.gov">Recreation.gov</a> website.
FS-2700-4h, Appendix F, Operation of Federally Owned Drinking Water
Systems, duplicates FS-2700-4h, Appendix G, Special Use Permit for
Campground and Related Granger-Thye Concessions, Operation of Federally
Owned Drinking Water Systems.
Form W-9, Request for Taxpayer Identification Number and
Certification, is an Internal Revenue Service (IRS) form, and per IRS
guidance, this form is exempt from the Paperwork Reduction Act.
Forest Service Manual 2720 and FSH 2709.11, Chapters 10, 40, 50,
and 90, will be revised as needed to conform with the revisions to the
ICR.
All comments received in response to this notice, including names
and addresses when provided, will be a matter of public record.
Comments will be summarized and included in the package submitted to
the Office of Management and Budget for reapproval of the ICR as
revised.
Dated: October 1, 2024.
Jacqueline Emanuel,
Associate Deputy Chief, National Forest System.
[FR Doc. 2024-23216 Filed 10-7-24; 8:45 am]
BILLING CODE 3411-15-P
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</html>Indexed from Federal Register on October 8, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.