[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Proposed Rules]
[Pages 21796-21797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9102]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 292

RIN 0596-AC00


Sawtooth National Recreation Area--Private Lands; Increasing 
Residential Outbuilding Size

AGENCY: Forest Service, USDA.

ACTION: Proposed rule; request for comment.

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SUMMARY: The Forest Service proposes to revise a building standard for 
residential outbuildings within the Sawtooth National Recreation Area 
in Idaho. This proposed rule would increase the allowable size for 
residential outbuildings to 850 square feet from the current 400-
square-foot standard and would limit such outbuildings to one story not 
more than 22 feet in height. This revision would allow residents to 
construct two-car garages and increase indoor storage areas to protect 
personal property and equipment, thereby reducing the need for 
unprotected and unsightly outdoor storage. Public comment is invited 
and will be considered in the development of the final rule.

DATES: Comments must be received in writing by June 21, 2004.

ADDRESSES: Send written comments by mail to Sawtooth National Forest, 
Attn: Private Land Regulations, Kimberly Road East, Twin Falls, ID 
83301; via e-mail to [email protected] with ``Private 
Land Regulations'' in the subject line of the message; or via facsimile 
to (208) 737-3236. Comments also may be submitted via the World Wide 
Web/Internet at http://www.regulations.gov. All comments, including 
names and addresses when provided, are placed in the record and are 
available for public inspection and copying. The agency cannot confirm 
receipt of comments. The public may inspect comments received on this 
proposed rule in the Office of Public Affairs at the Sawtooth National 
Forest, 2647 Kimberly Road East, Twin Falls, ID 83301. Visitors are 
encouraged to call ahead to (208) 737-3200 to facilitate entry into the 
building.

FOR FURTHER INFORMATION CONTACT: Jonathan Stephens, Recreation, 
Heritage, and Wilderness Resources Staff, Forest Service, USDA, (202) 
205-1701; or Ed Waldapfel, Public Affairs Officer, Sawtooth National 
Forest (208) 737-3219.

SUPPLEMENTARY INFORMATION: The Sawtooth National Recreation Area (SNRA) 
in Idaho on the Sawtooth National Forest was created when Congress 
passed Public Law 92-400 in 1972 to assure the preservation and 
protection of the natural, scenic, historic, pastoral, and fish and 
wildife values and the enhancement of recreational values. The act 
directed the Secretary of Agriculture to develop regulations setting 
standards for the use, subdivision, and development of privately owned 
property within the boundaries of the recreation area. The current 
regulations at title 36 of the Code of Federal Regulations, part 292, 
subpart C (36 CFR part 292, subpart C), were adopted in 1974 (39 FR 
11544) and were amended in 1976 and 1989 (41 FR 29379, 54 FR 3368). The 
act recognizes that the Secretary may from time to time amend these 
regulations. The SNRA regulations at Sec.  292.14(b) require that any 
amendment to the regulations shall include publication of a notice of a 
proposed rulemaking in the Federal Register to provide interested 
persons the opportunity to comment before adoption of a final rule.
    The current SNRA regulations at Sec.  292.16(e)(2)(ii) set out a 
residential building standard providing that each residence on private 
land within the SNRA may have not more than two outbuildings at an 
aggregate area not to exceed 400 square feet.
    The Forest Service is proposing to increase this standard for the 
two allowable outbuildings to 850 square feet and to limit such 
outbuildings to one story not more than 22 feet in height. The agency 
previously received numerous comments from the public indicating that 
the current residential outbuilding size standard is inadequate and 
supporting the need to increase this size standard. These comments were 
received in response to the environmental assessment prepared in 2000 
for proposed revision of the Sawtooth National Forest land and resource 
management plan.
    This proposed increase in the standard for the maximum square 
footage of the two allowable residential outbuildings would allow the 
private landowners to construct two-car garages and increase indoor 
storage areas to protect personal property and equipment, thereby 
reducing the need for unprotected and unsightly outdoor storage. Public 
comment is invited and will be considered in the development of the 
final rule.

Regulatory Certifications

Regulatory Impact

    This proposed rule has been reviewed under USDA procedures and 
Executive Order 12866 on Regulatory Planning and Review. The Office of 
Management and Budget (OMB) has determined that this is not a 
significant rule. This proposed rule would not have an annual effect of 
$100 million or more on the economy, nor adversely affect productivity, 
competition, jobs, the environment, public health or safety, nor State 
or local Governments. This proposed rule would not interfere with an 
action taken or planned by another agency, nor raise new legal or 
policy issues. Finally, this proposed rule would not alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients of such programs. 
Accordingly, this proposed rule is not subject to OMB review under 
Executive Order 12866.

Proper Consideration of Small Entities

    This proposed rule has been considered in light of Executive Order 
13272 regarding proper consideration of small entities and the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which 
amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). It has 
been determined that this proposed rule would not have a significant 
economic impact on a substantial number of small entities as defined by 
SBREFA. This proposed rule would impose minimal additional requirements 
on the affected public, which includes the owners of private property 
and residences within the Sawtooth National Recreational Area. The 
proposed increase of the allowable outbuilding size to 850 square feet 
is responsive to comments already received from the affected public 
stating that the current allowable square footage under the existing 
rule is inadequate. These comments were received in response to an 
environmental assessment prepared in 2000 for the proposed amendment of 
the Sawtooth National Forest land and resource management plan. The 
changes are necessary to protect the public interest, are not 
administratively burdensome or costly to meet, and are well within the 
capability of small entities to perform.

Environmental Impact

    Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180; 
September 18, 1992) excludes from documentation in an environmental 
assessment or impact statement ``rules, regulations, or policies to 
establish

[[Page 21797]]

Service-wide administrative procedures, program processes, or 
instructions'' that do not significantly affect the quality of the 
human environment. This proposed rule would allow for larger 
residential outbuildings on private lands within the Sawtooth National 
Recreation Area. The agency's preliminary assessment is that this 
proposed rule falls within this category of actions and that no 
extraordinary circumstances exist which would require preparation of an 
environmental assessment or environmental impact statement. 
Furthermore, public comments indicating that the current 400-square-
foot limit is inadequate were previously received in response to an 
environmental assessment prepared in 2000 for the proposed amendment of 
the Sawtooth National Forest land and resource management plan. A final 
determination will be made upon adoption of a final rule.

No Takings Implications

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and it has been determined that the proposed rule does 
not pose the risk of a taking of Constitutionally protected private 
property.

Federalism

    The agency has considered this proposed rule under the requirements 
of Executive Order 13132, Federalism, and has concluded that the 
proposed rule conforms with the federalism principles set out in this 
Executive order; would not impose any compliance costs on the States; 
and would not have substantial direct effects on the States or the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the agency has determined that no further 
assessment of federalism implications is necessary.

Consultation and Coordination with Indian Tribal Governments

    This proposed rule, which is applicable only to private lands 
within the Sawtooth National Recreation Area, does not have tribal 
implications as defined by Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments, and therefore advance 
consultation with tribes is not required.

Energy Effects

    This proposed rule has been reviewed under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. It has been determined that this proposed rule 
does not constitute a significant energy action as defined in the 
Executive order.

Controlling Paperwork Burdens on the Public

    This proposed rule does not contain any additional record keeping 
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 and, therefore, imposes no additional 
paperwork burden on the public. 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.

Unfunded Mandates Reform

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
which the President signed into law on March 22, 1995, the Department 
has assessed the effects of this proposed rule on State, local, and 
tribal governments and the private sector. This proposed rule does 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.

Civil Justice Reform

    This proposed rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. After adoption of this rule as 
final, (1) all State and local laws and regulations that conflict with 
this rule or that would impede full implementation of this rule will be 
preempted; (2) no retroactive effect would be given to this rule; and 
(3) the Department would not require the use of administrative 
proceedings before parties could file suit in court challenging its 
provisions.

List of Subjects in 36 CFR Part 292

    Mineral resources, Recreation and recreation areas.
    Therefore, for the reasons set forth in the preamble, the USDA, 
Forest Service, proposes to amend 36 CFR part 292, subpart C as 
follows:

PART 292--NATIONAL RECREATION AREAS

Subpart C--Sawtooth National Recreation Area--Private Lands

    1. The authority citation for subpart C continues to read as 
follows:

    Authority: Sec. 4(a), Act of Aug. 22, 1972 (86 Stat. 613).

    2. Amend Sec.  292.16 by revising the second sentence in paragraph 
(e)(2)(ii) to read as follows:


Sec.  292.16  Standards.

* * * * *
    (e) * * *
    (2) * * *
    (ii) * * * Aggregrate square foot area of outbuildings not to 
exceed 850 square feet and to be limited to one story not more than 22 
feet in height.
* * * * *

    Dated: April 8, 2004.
Sally Collins,
Associate Chief.
[FR Doc. 04-9102 Filed 4-21-04; 8:45 am]
BILLING CODE 3410-11-P