Rule2025-19905
Rescinding Requirements Regarding the Forest Highway Program
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
November 17, 2025
Effective
December 17, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA is rescinding the regulations regarding the Forest Highway Program.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51105-51107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19905]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 660
[Docket No. FHWA-2025-0014]
RIN 2125-AG20
Rescinding Requirements Regarding the Forest Highway Program
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA is rescinding the regulations regarding the Forest
Highway Program.
DATES: This final rule is effective December 17, 2025.
FOR FURTHER INFORMATION CONTACT: Corey Bobba, Office of Federal Lands
Highways, (202) 366-9489, <a href="/cdn-cgi/l/email-protection#20434f5245590e424f42424160444f540e474f56"><span class="__cf_email__" data-cfemail="f89b978a9d81d69a979a9a99b89c978cd69f978e">[email protected]</span></a>; or James Esselman,
Office of the Chief Counsel, (202) 366-6181, <a href="/cdn-cgi/l/email-protection#056f646860762b607676606968646b45616a712b626a73"><span class="__cf_email__" data-cfemail="482229252d3b662d3b3b2d24252926082c273c662f273e">[email protected]</span></a>,
Federal Highway Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m., E.T., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
An electronic copy of this document, as well as the notice of
proposed rulemaking, and all comments received may be viewed online
through the Federal eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. An
electronic copy of this document may also be downloaded from the Office
of Federal Register's website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the U.S.
Government Publishing Office's website at <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
I. General Discussion
In 1958, Congress codified Title 23 of the United States Code
(U.S.C.). Public Law 85-767. The Forest Highway Program was codified at
23 U.S.C. 204, along with separate categories for forest development
roads and trails (23 U.S.C. 205), park roads and trails (23 U.S.C.
206), parkways (23 U.S.C. 207), Indian reservation roads (23 U.S.C.
208), and public lands highways (23 U.S.C. 209). Under the system at
the time, each program received separate appropriations, which the
Secretary of Transportation allocated under a previous version of 23
U.S.C. 202. Per the version of 23 U.S.C. 204 that existed at the time,
the Secretary of Transportation was authorized to use funds available
for forest highways to pay for the cost of construction and maintenance
thereof. On May 1961, the Bureau of Public Roads, the predecessor to
FHWA, issued regulations for administering the Forest Highway Program
under title 23 CFR part 15. See 26 FR 4608. These regulations
prescribed rules regarding the forest highway system, the Forest
Highway Program, and surveys, construction, and maintenance of forest
highways. In 1974, this part was later redesignated 23 CFR part 660,
subpart A. See 39 FR 10429 (Mar. 20, 1974).
On January 6, 1983, Congress enacted the Surface Transportation
Assistance Act of 1982 (1982 STAA) (Pub. L. 97-424). Section 126(b) of
the 1982 STAA revised 23 U.S.C. 204, combining the previously
separately codified programs for ``forest highways, public lands
highways, park roads, parkways, and Indian reservation roads'' into a
single Federal lands highway program under 23 U.S.C. 204. Under the
structure of the 1982 STAA, however, Congress continued to appropriate
funds for the programs separately, including for the Forest Highway
Program.
On December 18, 1991, Congress enacted the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA). Section 1032 of ISTEA
combined the Forest Highway Program with the public lands highway
program; thus, instead of receiving a separate appropriation for forest
highways and
[[Page 51106]]
public lands highways, FHWA would receive a single appropriation for
public lands highways, which could then be used on forest highways. In
response to these changes, FHWA revised the Forest Highway Program
regulations at 23 CFR part 660, subpart A in 1994, which are the most
recent revisions to this subpart. 59 FR 30296 (June 13, 1994).
Congress subsequently modified the Federal lands highway program as
part of the Moving Ahead for Progress in the 21st Century Act (MAP-21)
(Pub. L. 112-141) (July 6, 2012). MAP-21 replaced the single Federal
lands highway program under 23 U.S.C. 204 with the Tribal
Transportation Program (TTP) (23 U.S.C. 202), Federal Lands
Transportation Program (FLTP) (23 U.S.C. 203) and Federal Lands Access
Program (FLAP) (23 U.S.C. 204). Under this new model, instead of being
appropriated funds under the public lands highway category of the
Federal lands highway program, Congress has appropriated funding for
TTP, FLTP, and FLAP, which can then be used for certain projects on,
accessing, or adjacent to Tribal and Federal public lands in accordance
with each program's requirements.
As such, the regulations in 23 CFR part 660, subpart A are
outdated. For instance, Sec. 660.101 refers to forest highways
``funded under the public lands highway category of the coordinated
Federal Lands Highway Program,'' which, as noted above, no longer
occurs. Similarly, Sec. 660.107 refers to allocations of public lands
highway funds for forest highways, which again is a process that no
longer occurs under statute. Other regulations, including Sec. Sec.
660.105 and 660.109 do not reflect the current project delivery process
under TTP, FLTP, and FLAP. Finally, FHWA does not believe that
regulations concerning general project delivery, such as Sec. 660.112,
660.113, 660.115, and 660.117, are necessary specifically for forest
highways. TTP, FLTP, and FLAP cover a broader range of projects than
just forest highways, and FHWA has not found similar regulations
necessary in those cases. Accordingly, FHWA is eliminating 23 CFR part
660, subpart A.
On May 30, 2025, at 90 FR 22881, FHWA published a Notice of
Proposed Rulemaking (NPRM) proposing to rescind 23 CFR part 660,
subpart A and sought comment on all aspects of that proposal. FHWA
received two comment submissions on its NPRM: one requesting a language
clarification and one urging the elimination of the Forest Highway
Program. The language clarification has been made below in the
Executive Order (E.O.) 12866 section to clarify that these regulations
were being removed. With regard to the second comment, as noted above,
MAP-21 replaced the single Federal lands highway program under 23
U.S.C. 204 with the TTP (23 U.S.C. 202), FLTP (23 U.S.C. 203), and FLAP
(23 U.S.C. 204). This change effectively eliminated the Forest Highway
Program but allows for eligible expenses to be funded under TTP, FLTP,
and FLAP in accordance with each program's requirements. Comments
pertaining to the eligibility under these programs is outside the scope
of this rulemaking. As such, FHWA adopts the proposal without change.
II. Rulemaking Analyses and Notices
A. Executive Orders 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This rule does not meet the criteria of a ``significant regulatory
action'' under E.O. 12866, as amended. Therefore, the Office of
Management and Budget (OMB) has not reviewed this rule under those
orders.
This rulemaking would remove requirements for projects that are not
currently funded. While FHWA any monetary benefits or costs to this
rule would be minimal, it could reduce burdens for regulated entities
because it removes irrelevant and obsolete text from the regulations.
FHWA requested comments on any impacts that could result from removing
the provisions identified but did not receive any additional
information.
These changes would not adversely affect, in a material way, any
sector of the economy. In addition, these changes would not interfere
with any action taken or planned by another agency and would not
materially alter the budgetary impact of any entitlements, grants, user
fees, or loan programs. Consequently, a full regulatory evaluation is
not required.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This final rule is an E.O. 14192 deregulatory action. Cost-savings
are not quantified.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) (as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996; 5
U.S.C. 601 et seq.), Agencies must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). No regulatory
flexibility analysis is required, however, if the head of an Agency or
an appropriate designee certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
FHWA has concluded and hereby certifies that this rule would not have a
significant economic impact on a substantial number of small entities;
therefore, an analysis is not included. This rescission removes
outdated requirements regarding the Forest Highway Program, which is no
longer a separate program under statute.
D. Unfunded Mandates Reform Act
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4, 109 Stat.
48) for State, local and Tribal governments, or the private sector of
$100 million or more in any one year, adjusted for inflation. Thus, the
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
E. Executive Order 13132 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in E.O. 13132. FHWA has determined that this action
does not have sufficient federalism implications to warrant the
preparation of a federalism assessment. FHWA has also determined that
this action would not preempt any State law or State regulation or
affect the States' ability to discharge traditional State governmental
functions.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid OMB control number. This rule is
deregulatory and so would not impose any additional information
collection requirements.
G. National Environmental Policy Act
FHWA has analyzed this rulemaking pursuant to the National
Environmental Policy Act (NEPA) and has determined that it is
categorically excluded under 23 CFR 771.117(c)(2), which applies to the
promulgation of rules, regulations, and directives. Categorically
excluded actions meet the criteria for categorical exclusions under 23
CFR 771.117(a) and normally do not require any further NEPA approvals
by FHWA. This rule would rescind regulations regarding the Forest
Highway Program, which is no
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longer a separate program under statute. FHWA does not anticipate any
adverse environmental impacts from this rule, and no unusual
circumstances are present under 23 CFR 771.117(b).
H. Executive Order 13175 (Tribal Consultation)
E.O. 13175 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. FHWA has assessed the impact of this rule
on Indian Tribes and determined that this rule would not have Tribal
implications that require consultation under E.O. 13175.
I. Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
the spring and fall of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
J. Rulemaking Summary, 5 U.S.C. 553(b)(4)
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, under the docket number.
List of Subjects in 23 CFR Part 660
Government contracts, Grant programs--transportation, Highway
safety, Highways and roads, Reporting and recordkeeping requirements,
Traffic regulations.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Sean McMaster,
Administrator, Federal Highway Administration.
For the reasons stated in the preamble, FHWA amends 23 CFR part 660
as set forth below.
PART 660--SPECIAL PROGRAMS (DIRECT FEDERAL)
0
1. Add an authority citation for part 660 to read as follows:
Authority: 23 U.S.C. 210, 315; 49 CFR 1.48.
Subpart A--[Removed and Reserved]
0
2. Remove and reserve subpart A, consisting of Sec. Sec. 660.101
through 660.117.
[FR Doc. 2025-19905 Filed 11-14-25; 8:45 am]
BILLING CODE 4910-RY-P
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</html>Indexed from Federal Register on November 17, 2025.
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