[Federal Register Volume 69, Number 156 (Friday, August 13, 2004)]
[Notices]
[Pages 50160-50162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18543]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC23


Maximum Term for Outfitter and Guide Special Use Permits on 
National Forest System Lands

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed directive; request for public comment.

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SUMMARY: The Forest Service is proposing changes to direction governing 
special use permits for outfitting and guiding conducted on National 
Forest System lands by increasing the maximum term for these 
authorizations from five to ten years. The proposed directive would 
provide the potential for greater business continuity for outfitters 
and guides who furnish services to recreationists on National Forest 
System lands and would make the Forest Service's policy on the maximum 
permit term for outfitting and guiding permits consistent with the 
policy of the National Park Service and the Bureau of Land Management. 
Public comment is invited and will be considered in development of a 
final directive.

DATES: Comments must be received in writing by October 12, 2004.

ADDRESSES: Send comments by postal mail to Forest Service, USDA, Attn: 
Kenneth Karkula, Recreation, Heritage, and Wilderness Resources Staff, 
(2720), 1400 Independence Ave., Mailstop 1125, Washington, DC 20250-
1125 or by e-mail to [email protected]. Comments also may be 
submitted by following the instructions at the federal eRulemaking 
portal at http://www.regulation.gov. If comments are sent by e-mail or 
facsimile, the public is requested not to send duplicate comments via 
postal mail. Please confine comments to issues pertinent to the 
proposed directive, explain the reasons for any recommended changes, 
and, where possible, reference the specific wording being addressed.
    All comments, including names and addresses when provided, will be 
placed in the record and will be available for public inspection and 
copying. The public may inspect comments received on this proposed 
directive in the Office of the Director, Recreation, Heritage, and 
Wilderness Resources Staff, 4th Floor Central, Sidney R. Yates Federal 
Building, 14th and Independence Avenue, SW., Washington, DC, on 
business days between the hours of 8:30 a.m. and 4 p.m. Those wishing 
to inspect

[[Page 50161]]

comments are encouraged to call ahead at (202) 205-1426 or (202) 205-
1399 to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Ken Karkula, (202) 205-1426, or 
Carolyn Holbrook, (202) 205-1399, Recreation, Heritage, and Wilderness 
Resources Staff.

SUPPLEMENTARY INFORMATION:

1. Background and Need for the Proposed Directive

Supporting Small Businesses

    The Forest Service regulates occupancy and use of National Forest 
System (NFS) lands by outfitters and guides through issuance of special 
use permits. Outfitters and guides provide opportunities for recreating 
on NFS lands to those who might not otherwise have them, as well as 
information and education to the public about the National Forests. 
Outfitters and guides thus serve as important partners of the Forest 
Service in providing public services.
    Currently, special use permits for outfitters and guides are issued 
for a period of up to five years. The maximum five-year term has been a 
concern in recent years to outfitters and guides, who perceive it as a 
barrier to building and maintaining a sustainable small business. For 
example, the five-year term may hamper outfitters' and guides' ability 
to secure financing from lenders if business equipment cannot be fully 
amortized within the permit term. The five-year term also is not 
conducive to long-term business planning. Customer service suffers when 
outfitters and guides cannot invest in needed equipment or conduct 
long-term business planning. Revising the maximum term of their special 
use permit from five to ten years would provide outfitters and guides 
with the potential for greater business continuity for planning and 
investing.

Special Uses Streamlining

    This directive would decrease administrative costs to the Forest 
Service and outfitters and guides by reducing the analysis and 
processing required by more frequent permit issuance. This practice 
supports the Department's special uses streamlining regulations 
promulgated November 30, 1998, at 36 CFR part 251, subpart B (63 FR 
65949).

Inter-Agency Consistency

    This proposed directive would make Forest Service policy on permit 
terms for outfitters and guides consistent with the policy of the 
Bureau of Land Management, adopted on February 6, 2004 (69 FR 5702), 
and the National Park Service as provided for in Title IV of the 
National Parks Omnibus Management Act of 1998 (16 U.S.C. 5953). 
Consistency in the permitting process is important, since many 
outfitters and guides operate on lands administered by all three 
agencies.

2. Regulatory Requirements

Environmental Impact

    This proposed directive would revise national policy governing 
administration of special use permits for outfitting and guiding. 
Section 31b of Forest Service Handbook 1909.15 (57 FR 43180, September 
18, 1992) excludes from documentation in an environmental assessment or 
environmental impact statement ``rules, regulations, or policies to 
establish Service-wide administrative procedures, program processes, or 
instructions.'' The agency's conclusion is that this proposed directive 
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 Impact

    This proposed directive has been reviewed under USDA procedures and 
Executive Order 12866 on regulatory planning and review. It has been 
determined that this is not a significant directive. This proposed 
directive would not have an annual effect of $100 million or more on 
the economy, nor would it adversely affect productivity, competition, 
jobs, the environment, public health and safety, or State or local 
governments. This proposed directive would not interfere with an action 
taken or planned by another agency, nor would it raise new legal or 
policy issues. Finally, this proposed directive would not alter the 
budgetary impact of entitlement, grant, user fee, or loan programs or 
the rights and obligations of beneficiaries of such programs. 
Accordingly, this proposed directive is not subject to Office of 
Management and Budget review under Executive Order 12866.
    Moreover, this proposed directive has been considered in light of 
the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has been 
determined that this proposed directive would not have a significant 
economic impact on a substantial number of small entities as defined by 
the act because the proposed directive would not impose record-keeping 
requirements on them; it would not affect their competitive position in 
relation to large entities; and it would not significantly affect their 
cash flow, liquidity, or ability to remain in the market. To the 
contrary, the efficiencies and consistency to be achieved by this 
directive should benefit small businesses that seek to use and occupy 
National Forest System lands by providing the potential for greater 
business continuity for outfitters and guides and by reducing the 
frequency of time-consuming and sometimes costly processing of special 
use applications. The benefits cannot be quantified and are not likely 
substantially to alter costs to small businesses.

No Takings Implications

    This proposed directive has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12630, and it has 
been determined that the proposed directive would not pose the risk of 
a taking of private property.

Civil Justice Reform

    This proposed directive has been reviewed under Executive Order 
12988 on civil justice reform. If this proposed directive were adopted, 
(1) all State and local laws and regulations that are in conflict with 
this proposed directive or that would impede its full implementation 
would be preempted; (2) no retroactive effect would be given to this 
proposed directive; and (3) it would not require administrative 
proceedings before parties may file suit in court challenging its 
provisions.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The agency has considered this proposed directive under the 
requirements of Executive Order 13132 on federalism, and has made an 
assessment that the proposed directive 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, 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 agency has 
determined that no further assessment of federalism implications is 
necessary at this time.
    Moreover, this proposed directive does not have tribal implications 
as defined by Executive Order 13175, entitled ``Consultation and 
Coordination With Indian Tribal Governments,'' and therefore advance 
consultation with Tribes is not required.

[[Page 50162]]

Energy Effects

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

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the agency has assessed the effects of this proposed directive on 
State, local, and Tribal governments and the private sector. This 
proposed directive would 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

    This proposed rule does not contain any record-keeping or reporting 
requirements or other information collection requirements as defined in 
5 U.S.C. part 1320 that are not already required by law or not already 
approved for use. Any information collected from the public as a result 
of this action has been approved by the Office of Management and Budget 
under control number 0596-0082. 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.

    Dated: August 3, 2004.
Dale N. Bosworth,
Chief.

3. Proposed Directive Changes for Outfitter and Guides

    Note: The Forest Service organizes its directive system by 
alphanumeric codes and subject headings. Only those sections of the 
Forest Service Handbook that are the subject of this notice are set 
out here. The intended audience for this direction is Forest Service 
employees charged with issuing and administrating outfitter and 
guide special use permits.

Forest Service Handbook

2709.11-Special Uses Handbook

Chapter 40-Special Uses Administration
* * * * *
41.53-Outfitters and Guides
* * * * *
41.53c-Definitions
    * * *
    Priority Use. Authorization of use for a period not to exceed ten 
years. The amount of use is based on the holder's past use and 
performance and on land management plan allocations. Except as provided 
for in Title 36, Code of Federal Regulations, part 251, subpart E, 
authorizations providing for priority use are subject to renewal (sec. 
41.53f).
* * * * *
41.53h-Assignment and Management of Priority Use
* * * * *
    2. * * *
    a. Use may be based on the average of the highest two years of 
actual use during the previous permit term.
* * * * *
41.53j-Permit Terms and Conditions
    1. For new applicants, authorize use for up to one year. For 
holders assigned priority use, use may be authorized for up to ten 
years.
* * * * *
[FR Doc. 04-18543 Filed 8-12-04; 8:45 am]
BILLING CODE 3410-11-P