[Federal Register Volume 69, Number 176 (Monday, September 13, 2004)]
[Rules and Regulations]
[Pages 55092-55094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20592]


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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: Final rule.

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SUMMARY: The Department is adopting, as final, regulations that revise 
the building standard for residential outbuildings within the Sawtooth 
National Recreation Area in Idaho. This final rule provides that not 
more than two outbuildings could be constructed with each residence for 
an aggregrate square foot area of the outbuildings not to exceed 850 
square feet from the current 400-square-foot standard, and limits such 
outbuildings to one story. This regulation also allows 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.

DATES: Effective Date: This final rule is effective October 13, 2004.

FOR FURTHER INFORMATION CONTACT: Jonathan Stephens, Recreation, and 
Heritage 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). 
Section 292.16(e)(2)(ii) sets 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 act establishing the SNRA recognizes that the Secretary may 
from time to time amend these regulations. The SNRA regulations at 
section 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 Forest Service promulgated a 
proposed rule and requested public comment on Apri 22, 2004 (69 FR 
21796).
    The Forest Service proposed to increase the residential building 
standard for the two allowable outbuildings to 850 square feet and to 
limit such outbuildings to one story. 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 increase in the standard for the maximum square footage of the 
two allowable residential outbuildings allows 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.

Summary of Public Comments and the Department's Responses

    General Comments: The proposed rule was published in the Federal 
Register on April 22, 2004, for a 60-day public comment period (69 FR 
21796). In addition, to the Federal Register notice, a news release was 
distributed to 39 local and regional media outlets, organizations and 
elected officials. A personal postcard was mailed to more than 450 
private landowners within the Sawtooth National Recreation Area. The 
Forest Service received 9 comments on the proposed rule. Comments were 
received by the following: 5 individuals, 2 organizations, 1 agency and 
1 business. In general, all respondents were supportive of the proposed 
rule. Respondents recognized the need for a limited increase in the 
size of outbuildings within the Sawtooth National Recreation Area.
    Response: The Department does not intend to make any revisions to 
the proposed rule. Therefore, the rule, as proposed, is being adopted 
as final.
    Comment on Enforcement of Outbuilding Standards: One respondent 
expressed concern that the current regulation for outbuildings was not 
adequately enforced over the last 20 years.
    Response: The Forest Service is responsible for enforcement of the 
new regulation. The Forest Service remains committed to enforce the new 
regulation to protect the scenic integrity of the Sawtooth NRA.
    Comment on working with local counties: One respondent stated that 
there is a need to work with the local counties for enforcement of the 
new regulation.
    Response: The Forest Service recognizes the need to work with the 
local communities in enforcement of the new regulation. The Forest 
Service will be working with the local county assessors office to 
inform landowners about the new regulations.
    Comment on outdoor storage for equipment: One respondent expressed 
concern about strorage of outdoor recreation equipment. The respondent 
is concerned that the new regulation will not address some additional 
outdoor storage needs.
    Response: The Department believes that this new regulation will 
address the respondent's concern about storage of outdoor recreation 
equipment by providing additional space for private landowners.
    Comment on property with current scenic easements: One respondent 
expressed concern about whether or not property owners with existing 
scenic easements will be covered under the new regulation.
    Response: The Department believes that language used in the 
property owners existing scenic easement will deterimine whether or not 
these property owners with existing scenic

[[Page 55093]]

easements are covered by this regulation.

Regulatory Certifications

Regulatory Impact

    This final 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 final 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 final rule would not interfere with an 
action taken or planned by another agency, nor raise new legal or 
policy issues. Finally, this 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 final 
rule is not subject to OMB review under Executive Order 12866.

Proper Consideration of Small Entities

    This final 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 final rule would not have a significant 
economic impact on a substantial number of small entities as defined by 
SBREFA. This final rule imposes minimal additional requirements on the 
affected public, which includes the owners of private property and 
residences within the Sawtooth National Recreational Area. The 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 Service-wide administrative procedures, program processes, or 
instructions' that do not significantly affect the quality of the human 
environment. This final rule provides additional storage for 
residential outbuildings on private lands within the Sawtooth National 
Recreation Area. The agency's assessment is that this final 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.

No Takings Implications

    This final 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 final rule does not pose the risk of a 
taking of private property.

Federalism

    The agency has considered this final rule under the requirements of 
Executive Order 13132, Federalism, and has concluded that the final 
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 final 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 final 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 final rule does 
not constitute a significant energy action as defined in the Executive 
order.

Controlling Paperwork Burdens on the Public

    This final 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 final rule on State, local, and tribal 
governments and the private sector. This final 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 final 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 would 
be preempted, (2) no retroactive effect would be given to this rule; 
and (3) this final rule 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.


0
Therefore, for the reasons set forth in the preamble, the USDA Forest 
Service amends 36 CFR part 292, subpart C as follows:

[[Page 55094]]

PART 292--NATIONAL RECREATION AREAS

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

0
1. The authority citation for subpart C continues to read as follows:

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


0
2. Amend Sec.  292.16 by revising paragraph (e)(2)(ii) to read as 
follows:


Sec.  292.16  Standards.

* * * * *
    (e) * * *
    (2) * * *
    (ii) Not more than two outbuildings with each residence. Aggregate 
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: September 7, 2004.
David P. Tenny,
Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 04-20592 Filed 9-10-04; 8:45 am]
BILLING CODE 3410-11-P