Rule2025-10248
Conversion of Ski Area Authorizations
Primary source
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Published
June 5, 2025
Effective
July 7, 2025
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The United States Department of Agriculture, Forest Service (Forest Service or Agency) is making purely technical, clarifying revisions to its existing regulations relating to the conversion of ski area authorizations on National Forest System lands (NFS) pursuant to the National Forest Ski Area Permit Act of 1986. The revisions remove the requirements for conversion of ski area authorizations because all ski area authorizations on NFS have been converted or issued under the National Forest Ski Area Permit Act, rendering this provision obsolete.
Full Text
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<title>Federal Register, Volume 90 Issue 107 (Thursday, June 5, 2025)</title>
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[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)]
[Rules and Regulations]
[Pages 23864-23866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10248]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 251
RIN 0596-AD72
Conversion of Ski Area Authorizations
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: The United States Department of Agriculture, Forest Service
(Forest Service or Agency) is making purely technical, clarifying
revisions to its existing regulations relating to the conversion of ski
area authorizations on National Forest System lands (NFS) pursuant to
the National Forest Ski Area Permit Act of 1986. The revisions remove
the requirements for conversion of ski area authorizations because all
ski area authorizations on NFS have been converted or issued under the
National Forest Ski Area Permit Act, rendering this provision obsolete.
DATES: This rule is effective July 7, 2025.
ADDRESSES: Information on this final rule may be obtained via written
request addressed to the Director, Public
[[Page 23865]]
Benefits, USDA Forest Service, 201 14th Street NW, Washington, DC
20250-1124 or by email to <a href="/cdn-cgi/l/email-protection#e695838788cb958794838dc891839292839484839481a693958287c8818990"><span class="__cf_email__" data-cfemail="76051317185b051704131d5801130202130414130411360305121758111900">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Sean Wetterberg, National Winter
Sports Program Manager at 801-975-3793 or by mail at 125 S State
Street, Suite 7105, Salt Lake City, UT 84138. 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: This final rule makes purely technical,
clarifying revisions to the Agency's existing regulations at 36 CFR
251.56(g) relating to the conversion of ski area authorizations on NFS
pursuant to the National Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b). The regulations at 36 CFR 251.56(g) provide for all existing ski
area permit holders to convert existing land use authorizations for ski
areas to a new authorization issued pursuant to the National Forest Ski
Area Permit Act. The regulations also allow holders to decline a new
authorization and to continue to operate under their existing
authorizations until a major modification to that authorization is
required. Upon reviewing these regulations, USDA has determined that
they should be rescinded. These regulations are no longer needed
because all permit holders who had previously declined a new
authorization now have permits issued under the National Forest Ski
Area Permit Act, and all future authorizations will be issued under the
National Forest Ski Area Permit Act. Therefore, the requirements of the
paragraph at 36 CFR 251.56(g) have been completed in their entirety,
and these regulations have been rendered obsolete. This technical,
clarifying revision does not formulate standards, criteria, or
guidelines applicable to Forest Service programs and therefore does not
require public notice and opportunity to comment under section 14(a) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1612(a)).
Regulatory Certifications
Regulatory Planning and Review
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
OIRA has determined that this final rule is not significant as defined
by E.O. 12866. E.O. 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Department has developed the final rule consistent with E.O. 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.), OIRA 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 will remove the requirements for conversion of ski
area authorizations pursuant to the National Forest Ski Area Permit Act
of 1986, because all ski area authorizations on NFS have been
converted, rendering this provision obsolete. 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 Department's
assessment is that this final rule falls within this category of
actions and that no extraordinary circumstances exist which will
require preparation of an environmental assessment or environmental
impact statement.
Regulatory Flexibility Act
The Department has considered this final rule under the Regulatory
Flexibility Act (5 U.S.C. 602 et. seq.). This final rule will not have
any direct effect on small entities as defined by the Regulatory
Flexibility Act. This final rule will not impose recordkeeping
requirements on small entities; will not affect their competitive
position in relation to large entities; and will not affect their cash
flow, liquidity, or ability to remain in the market. Therefore, the
Department has determined that this final rule will not have a
significant economic impact on a substantial number of small entities
pursuant to the Regulatory Flexibility Act.
Federalism
The Department has considered this final rule under the
requirements of E.O. 13132, Federalism. The Department has determined
that the final rule conforms with the federalism principles set out in
this E.O.; will not impose any compliance costs on the States; and will
not have substantial direct effects on the States, on the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, the Department has concluded that this final rule will not
have federalism implications.
Consultation and Coordination With Indian Tribal Governments
E.O. 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. This final rule will remove the
requirements for conversion of ski area authorizations pursuant to the
National Forest Ski Area Permit Act of 1986, because all ski area
authorizations on NFS have been converted, rendering this provision
obsolete. The Department has reviewed this final rule in accordance
with the requirements of E.O. 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 rule.
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.
Takings Implications
The Department has analyzed the final rule in accordance with the
[[Page 23866]]
principles and criteria in E.O. 12630, Governmental Actions and
Interference with Constitutionally Protect 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 E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Department has determined that the final rule
will not constitute a significant energy action as defined in E.O.
13211.
Civil Justice Reform
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12988, Civil Justice Reform. Upon
publication of the final rule, (1) all State and local laws and
regulations that conflict with the final rule or that impede its full
implementation will be preempted; (2) no retroactive effect will be
given to this final rule; and (3) it will not require administrative
proceedings before parties may file suit in court challenging its
provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), 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,
adjusted annually for inflation, in any 1 year by State, local, and
Tribal governments in the aggregate or by the private sector.
Therefore, a statement under section 202 of the Act is not required.
Paperwork Reduction Act
The final rule does not contain any 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 in 36 CFR Part 251
Administrative practice and procedure, National forests, Public
lands--rights-of-way, Recreation and recreation areas, Reporting and
recordkeeping requirements.
Therefore, for the reasons stated in the preamble, and under the
authority of 16 U.S.C. 497b, the Department is amending 36 CFR part 251
as follows:
PART 251--LAND USES
Subpart B--Special Uses
0
1. The authority citation for part 251, subpart B, continues to read:
Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 497b, 497c, 551,
580d, 1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1772.
Sec. 251.56 [Amended]
0
2. Amend Sec. 251.56 by removing and reserving paragraph (g).
Kristin Sleeper,
Deputy Under Secretary Natural Resources and Environment.
[FR Doc. 2025-10248 Filed 6-4-25; 8:45 am]
BILLING CODE 3411-15-P
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</html>Indexed from Federal Register on June 5, 2025.
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