[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Notices]
[Pages 8060-8066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3069]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AB93


Forest Service Outdoor Recreation Accessibility Guidelines and 
Integration of Direction on Accessibility Into Forest Service Manual 
2330

AGENCY: Forest Service, USDA.

[[Page 8061]]


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

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SUMMARY: The Forest Service is proposing to issue an interim directive 
to guide its employees regarding compliance with the draft Forest 
Service Outdoor Recreation Accessibility Guidelines (FSORAG). The 
interim directive would ensure that new or reconstructed developed 
outdoor recreation areas on National Forest System lands are developed 
to maximize accessibility, while recognizing and protecting the unique 
characteristics of the natural setting. The interim directive, to be 
issued to Forest Service Manual 2330, Publicly Managed Recreation 
Opportunities, would direct that new or reconstructed outdoor developed 
recreation areas, including campgrounds, picnic areas, beach access 
routes, and outdoor recreation access routes, comply with these agency 
guidelines and applicable Federal accessibility laws, regulations, and 
guidelines.
    The Architectural and Transportation Barriers Compliance Board 
(Access Board) is preparing to publish for public comment proposed 
accessibility guidelines for outdoor developed areas that would apply 
to Federal agencies subject to the Architectural Barriers Act. The 
Forest Service will finalize the direction in this interim directive 
regarding compliance with the FSORAG when the Access Board finalizes 
its accessibility guidelines for outdoor developed areas. The final 
FSORAG would contain the Access Board's final accessibility guidelines 
for outdoor developed areas managed by Federal agencies, as 
supplemented by the Forest Service to ensure the agency's continued 
application of universal design, as well as agency terminology and 
processes.
    The America the Beautiful--The National Parks and Federal 
Recreational Lands Pass established by the Federal Lands Recreation 
Enhancement Act replaced the Golden Access Passport authorized by the 
Land and Water Conservation Fund Act. The proposed interim directive 
would enumerate eligibility requirements for the new pass for people 
with permanent disabilities. In addition, the proposed interim 
directive would clarify existing internal agency procedures and 
policies related to the accessibility of outdoor developed recreation 
areas.
    Comments received in response to this notice will be considered in 
development of the final interim directive. In a related notice 
published elsewhere in this part of today's Federal Register, the 
Forest Service is requesting comment on a proposed interim directive to 
guide its employees regarding compliance with the Forest Service Trail 
Accessibility Guidelines (FSTAG).

DATES: Comments must be received in writing by April 18, 2005.

ADDRESSES: Send written comments by mail to USDA Forest Service, Attn: 
Director, Recreation and Heritage Resources Staff, Mail Stop 1125, 1400 
Independence Avenue, SW., Washington, DC 20250-0003; by electronic mail 
to [email protected]; or by facsimile to (202) 205-1145. Comments 
also may be submitted by following the instructions at the Federal e-
Rulemaking portal, http://www.regulations.gov. If comments are sent by 
electronic means or by facsimile, the public is requested not to send 
duplicate comments via regular mail.
    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 
interim directive in the Office of the Director, Recreation and 
Heritage Resources Staff, USDA, Forest Service, 4th Floor-Central, 
Sidney R. Yates Federal Building, 201 14th Street, SW., Washington DC, 
between 8:30 a.m. and 4 p.m. on business days. Those wishing to inspect 
comments are encouraged to call ahead at (202) 205-1706 to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: Janet Zeller, Recreation and Heritage 
Resources Staff, USDA, Forest Service, (202) 205-9597.

SUPPLEMENTARY INFORMATION: 

Background

    Although the Forest Service is committed to ensuring the 
accessibility of agency facilities and programs in order to serve all 
employees and visitors, as well as to comply with the Architectural 
Barriers Act of 1968 (ABA) and Section 504 of the Rehabilitation Act of 
1973, agency accessibility requirements for outdoor developed 
recreation areas have not been integrated into the Forest Service 
Directives System.
    The ABA requires facilities that are designed, constructed, 
altered, or leased by, for, or on behalf of a Federal agency to be 
accessible. To emphasize the need for accessibility guidelines for 
outdoor recreation areas, in 1993 the Forest Service developed 
Universal Access to Outdoor Recreation, A Design Guide. This guidebook 
blended accessibility into the recreation opportunity spectrum, ranging 
from urban areas in full compliance with the Uniform Federal 
Accessibility Standard, the ABA accessibility standards in place at 
that time, to primitive and Congressionally designated wilderness 
areas.
    The Architectural and Transportation Barriers Compliance Board 
(Access Board) is the agency responsible for issuing accessibility 
guidelines for newly constructed and altered facilities subject to the 
ABA. The Forest Service served on the Access Board's Regulatory 
Negotiation Committee on Outdoor Developed Areas (Reg Neg Committee). 
In 1999, the Reg Neg Committee proposed accessibility guidelines for 
outdoor recreation facilities and trails. While awaiting the completion 
of the rulemaking process for these guidelines, the Forest Service 
began developing internal guidelines for both trails and outdoor 
recreation facilities that would apply only within National Forest 
System boundaries and that would comply with the public notice and 
comment process for Forest Service directives pursuant to 36 CFR part 
216. This action was undertaken to meet the agency's need to provide a 
consistent and reliable method for determining application and design 
of accessible outdoor recreation facilities and trails and is based on 
the Reg Neg Committee's proposed guidelines. These internal guidelines 
incorporate the Forest Service's terminology and processes, and 
establish greater accessibility requirements for certain areas. The 
Forest Service's proposed guidelines are in two parts, the Forest 
Service Outdoor Recreation Accessibility Guidelines (FSORAG) and the 
Forest Service Trail Accessibility Guidelines (FSTAG), both of which 
are available at http://www.fs.fed.us/recreation/programs/accessibility.
    The Access Board plans to publish a notice of proposed rulemaking 
(NPRM) in the spring of 2005 seeking public comment on proposed 
accessibility guidelines for outdoor developed areas. The NPRM will 
contain proposed accessibility guidelines developed by the Reg Neg 
Committee, and will apply to Federal agencies subject to the ABA.
    The Forest Service is proposing to issue an interim directive to 
Forest Service Manual (FSM) 2330, Publicly Managed Recreation 
Opportunities, that would require compliance with the FSORAG. The 
FSORAG would apply to newly constructed or altered camping facilities, 
picnic areas, beach access routes, outdoor recreation access routes, 
and other constructed features, including benches, trash and recycling 
containers, viewing areas at overlooks, telescopes and periscopes, 
mobility device storage, pit toilets, warming huts,

[[Page 8062]]

and outdoor rinsing showers in the National Forest System.
    The FSORAG would maximize the accessibility of outdoor developed 
recreation areas for all people, while recognizing and protecting the 
unique characteristics of the natural setting of each outdoor developed 
recreation area within the National Forest System. The FSORAG would 
integrate the Forest Service policy of universal design to ensure the 
development of programs and facilities to serve all people, to the 
greatest extent possible. Universal design requires that all new or 
reconstructed facilities and associated constructed features, rather 
than only a certain percentage of those facilities, be accessible to 
all people. Universal design provides for the integration of all people 
in outdoor developed recreation areas, without separate or segregated 
access for people with disabilities. In addition, the proposed interim 
directive would clarify internal agency procedures and policies related 
to the accessibility of outdoor developed recreation areas, including 
compliance with the FSORAG.
    Like the proposed accessibility guidelines developed by the 
regulatory negotiation committee established by Access Board, the 
FSORAG establishes only one level of accessibility for all outdoor 
developed recreation areas. The FSORAG would provide for application of 
specific conditions of departure and exceptions, also contained in the 
proposed accessibility guidelines developed by the regulatory 
negotiation committee established by the Access Board, when necessary 
to preserve the uniqueness of each recreation area and when application 
of the FSORAG would cause a change in the area's setting. Compliance 
with the FSORAG, however, would not always result in facilities that 
are accessible to all persons with disabilities, because at some 
locations the natural environment might prevent full compliance with 
some of the FSORAG's technical provisions.
    The Forest Service will work with the Access Board as it develops 
final accessibility guidelines for outdoor developed areas. The Forest 
Service will finalize the direction in this interim directive regarding 
compliance with the FSORAG when the Access Board finalizes its 
accessibility guidelines for outdoor developed areas. The final FSORAG 
will contain the Access Board's final accessibility guidelines for 
outdoor developed areas managed by Federal agencies, as supplemented by 
the Forest Service to ensure the agency's continued application of 
universal design, as well as agency terminology and processes.
    In a related notice published elsewhere in this part of today's 
Federal Register, the agency is requesting comment on a proposed 
interim directive to guide its employees regarding compliance with the 
Forest Service Trail Accessibility Guidelines (FSTAG), which would 
apply to pedestrian hiking trails. The FSORAG and the FSTAG are both 
available electronically on the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility. Copies may also be obtained by 
writing to USDA, Forest Service, Attn: Accessibility Program Manager, 
Recreation and Heritage Resources Staff, Mail Stop 1125, 1400 
Independence Avenue, SW., Washington, DC 20250-0003.

Regulatory Certifications

Environmental Impact

    Section 31.1b of Forest Service Handbook (FSH) 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 
preliminary conclusion is that this proposed interim 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 interim directive 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 the 
accessibility guidelines portion of the proposed interim directive is 
not economically significant because it would not have an annual 
economic impact of $100 million or more. However, the accessibility 
guidelines portion of the proposed interim directive was determined by 
OMB to be significant because of its relationship to the accessibility 
guidelines to be issued by the Access Board. Accordingly, this proposed 
interim directive has been reviewed by OMB pursuant to Executive Order 
12866. The regulatory impact analysis is available at http://www.fs.fed.us/recreation/programs/accessibility.
    Moreover, this proposed interim 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 interim directive would not have a 
significant economic impact on a substantial number of small entities 
as defined by the act because the proposed interim 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 
affect their cash flow, liquidity, or ability to remain in the market. 
The proposed interim directive would establish accessibility guidelines 
that would apply internally to the Forest Service and that would have 
no direct effect on small businesses. No small businesses have been 
awarded contracts for construction or reconstruction of recreation 
facilities covered by these accessibility guidelines.

No Takings Implications

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

Civil Justice Reform

    This proposed interim directive has been reviewed under Executive 
Order 12988 on civil justice reform. After adoption of this proposed 
interim directive, (1) all State and local laws and regulations that 
conflict with this interim directive or that impede its full 
implementation would be preempted; (2) no retroactive effect would be 
given to this interim directive; and (3) it would 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), which the President signed into law on March 22, 
1995, the agency has assessed the effects of this proposed interim 
directive on State, local, and Tribal governments and the private 
sector. This proposed interim 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.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The agency has considered this proposed interim directive under the 
requirements of Executive Order 13132 on federalism, and has made an

[[Page 8063]]

assessment that the proposed interim 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 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.
    Moreover, this proposed interim directive 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 interim directive has been reviewed under Executive 
Order 13211 of May 18, 2001, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use. It has been 
determined that this proposed interim directive does not constitute a 
significant energy action as defined in the Executive Order.

Controlling Paperwork Burdens on the Public

    The information an applicant for an America the Beautiful--The 
National Parks and Federal Recreational Lands Pass would have to submit 
to document eligibility for receiving the pass free of charge pursuant 
to Forest Service Manual (FSM) 2331.21b, paragraph 4, constitutes an 
information collection requirement as defined by the Paperwork 
Reduction Act and its implementing regulations at 5 CFR part 1320. 
Information collection requirements require OMB approval before their 
adoption. This information collection requirement was approved by OMB 
on December 22, 2003, and was assigned OMB control number 0596-0173.

    Dated: February 11, 2005.
Sally Collins,
Acting Chief.

Text of Proposed Interim Directive

    Note: The Forest Service organizes its directives system by 
alphanumeric codes and subject headings. Only those sections of the 
FSM that are the subject of this notice are set out here. The 
intended audience for this proposed interim direction is agency 
employees charged with management of Forest Service outdoor 
recreation facilities. Only new and revised direction from FSM 2330 
is set out in the proposed interim directive. The asterisks indicate 
that parent text direction unchanged by this proposed interim 
directive is not set out in this notice. The full text of FSM 2330 
is available electronically on the World Wide Web at http://www.fs.fed.us/im/directives.

Forest Service Manual

Chapter 2330--Publicly Managed Recreation Opportunities

2330.1--Authority

    See FSM 2301 for general authorities on developing and managing 
Forest Service recreation sites and facilities. For direction on 
authorities and technical guidelines related to accessibility of 
trails, see FSM 2353.01c.

2330.11--Recreation Fees

    The Federal Lands Recreation Enhancement Act, Title VIII, Div. J., 
of the Consolidated Appropriations Act for 2005, Pub. L. 108-447, 
authorizes the Forest Service to charge standard amenity recreation 
fees and expanded amenity recreation fees at certain sites or for 
certain recreational services and retain and spend revenues collected 
under the act without further appropriation, in accordance with the 
provisions of the act.

2330.12--Federal and Agency Requirements for Accessibility of 
Recreation Programs, Sites, and Facilities

    Additional information regarding laws, regulations, standards, 
guidelines, and publications relating to accessibility is available 
electronically on the World Wide Web at the Access Board's Web site 
(http://www.access-board.gov) and at the Forest Service's Web site 
(http://www.fs.fed.us/recreation/programs/accessibility).
    1. Architectural Barriers Act (ABA) of 1968, as amended (42 U.S.C. 
4151 et seq.). This act requires that all facilities designed, 
constructed, altered, or leased by a Federal agency be accessible to 
persons with disabilities.
    2. Architectural Barriers Act Accessibility Guidelines (36 CFR part 
1191, Appendices C and D). These guidelines were issued by the 
Architectural and Transportation Barriers Compliance Board (Access 
Board) in 2004 and apply to buildings and facilities subject to the 
Architectural Barriers Act of 1968. When adopted as standards by the 
General Services Administration, they will apply to Forest Service 
buildings and facilities.
    3. Architectural Barriers Act Accessibility Guidelines for Outdoor 
Developed Areas (36 CFR part 1190). These guidelines will be issued by 
the Architectural and Transportation Barriers Compliance Board (Access 
Board) in 2005 and apply to outdoor developed areas managed by Federal 
agencies subject to the Architectural Barriers Act of 1968. When 
adopted as standards by the General Services Administration, they will 
apply to outdoor developed areas managed by the Forest Service.
    4. Rehabilitation Act of 1973, as amended, sections 504 and 508 (29 
U.S.C. 794 and 794d). Section 504 of this act (29 U.S.C. 794) prohibits 
Federal agencies and recipients of Federal financial assistance from 
discriminating against any person with a disability. Section 508 of 
this act (29 U.S.C. 794d) requires that all electronic and information 
technology purchased or developed by a Federal agency allow persons 
with disabilities to have access to and use of the information and data 
that is comparable to that provided to persons without disabilities.
    5. Enforcement of Nondiscrimination on the Basis of Disability in 
Programs or Activities of USDA (7 CFR parts 15e and 15b). The USDA 
regulations implementing section 504 of the Rehabilitation Act as it 
applies to programs and activities conducted by USDA are found at 7 CFR 
part 15e. The USDA regulations implementing section 504 of the 
Rehabilitation Act as it applies to USDA-assisted programs are found at 
7 CFR part 15b. These provisions address program accessibility; 
requirements for accessible programs in new, altered, or existing 
facilities; accessibility transition planning; accessible communication 
requirements; and compliance procedures.
    6. Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 
et seq.). This act prohibits discrimination on the basis of disability 
by State or local governments, public accommodations, and public 
transportation. The ADA does not apply to Federal agencies, with the 
exception of Title V, section 507c. This section clarifies that the 
Wilderness Act of 1964 is preeminent in federally designated wilderness 
areas, contains a definition of a wheelchair, and states that a device 
that meets that definition can be used wherever foot travel is 
permitted in federally designated wilderness areas.
    7. Forest Service Outdoor Recreation Accessibility Guidelines 
(FSORAG). The FSORAG contains the accessibility guidelines for outdoor 
developed areas issued by the Architectural and Transportation Barriers 
Compliance Board (Access Board), as supplemented by the Forest Service 
to ensure the

[[Page 8064]]

agency's continued application of universal design, as well as agency 
terminology and processes. The FSORAG is available electronically on 
the World Wide Web at http://www.fs.fed.us/recreation/programs/accessibility. Copies may also be obtained by writing to the 
Accessibility Program Manager, Recreation and Heritage Resources Staff, 
Washington Office.
* * * * *
    [FSM 2330.2 is unchanged.]

2330.3--Policy

* * * * *
    [Paragraphs 1-7 are unchanged.]
    8. Ensure that all new or rehabilitated facilities, sites, and 
programs comply with Federal and Forest Service accessibility 
guidelines and standards (FSM 2330.12, para. 1-7). Facilities, sites, 
and programs are to utilize universal design (FSM 2330.5) to 
accommodate the abilities of all people, to the greatest extent 
possible, including people with disabilities.
* * * * *
    [Paragraph 9 and exhibit 01 of FSM 2330.3 and FSM 2330.4-2330.42c 
are unchanged.]

2330.5--Definitions

    Accessible. In compliance with the Federal or Forest Service 
accessibility guidelines and standards at the time of construction or 
alteration, whichever is higher.
    Universal design. Designing programs and facilities so that all new 
or reconstructed facilities and associated constructed features, rather 
than only a certain percentage of those facilities, are accessible to 
all people, thereby providing for the integration of all people in 
outdoor developed recreation areas, without separate or segregated 
access for people with disabilities.
* * * * *
    [FSM 2331-2331.21a, paragraph 3, are unchanged.]

2331.21b--Recreation Passes

    4. America the Beautiful--The National Parks and Federal 
Recreational Lands Pass.
    a. Privileges. The America the Beautiful--The National Parks and 
Federal Recreational Lands Pass (Pass) is a lifetime, nontransferable 
pass that allows the holder to use any National Forest System lands for 
which a standard amenity recreation fee is charged in accordance with 
the Federal Lands Recreation Enhancement Act (Title VIII, Div. J, of 
the Consolidated Appropriations Act for 2005, Pub. L. 108-447).
    b. Eligibility. The Pass may be issued free of charge only to 
citizens of, or persons domiciled in, the United States who have been 
medically determined to be permanently disabled for purposes of section 
7(20)(B)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)) 
and who apply for the Pass and provide adequate documentation of a 
permanent disability and citizenship or residency.
    c. Requirements for Issuance. Issue the Pass only to applicants who 
apply in person and who sign the Pass in the presence of the issuing 
officer. Inform applicants that they are required to provide one of the 
following forms of documentation to establish proof of permanent 
disability:
    (1) A document issued by a Federal agency providing Federal 
benefits, such as the Veteran's Administration, which attests that the 
applicant has been medically determined to be eligible to receive 
Federal benefits as a result of a permanent disability. Other 
acceptable Federal agency documents include proof of receipt of Social 
Security Disability Income (SSDI) or Supplemental Security Income 
(SSI);
    (2) A statement signed by a licensed physician attesting that the 
applicant has been medically determined to have a permanent physical, 
mental, or sensory impairment that severely limits one or more major 
life activities, and specifying the nature of the impairment;
    (3) A document issued by a State agency, such as a vocational 
rehabilitation agency, which attests that the applicant is eligible to 
receive vocational rehabilitation agency benefits or services as a 
result of medically determined permanent disability. Showing a State 
motor vehicle department disability sticker, license plate, or hang tag 
is not acceptable documentation for purposes of obtaining the Pass;
    (4) A signed Statement of Disability on Forest Service Form FS-
2300-42.
* * * * *
    (FSM 2331.21c-2332.5 are unchanged.]

2333--Site and Facility Planning and Design

    The direction in this section applies to all Federal recreation 
sites and facilities on National Forest System lands.

2333.03--Policy

* * * * *
    [Paragraphs 1-4e are unchanged.]
    4. Design and install facilities that are:
    f. In compliance with the authorities at FSM 2330.12 setting out 
Federal and agency requirements related to the accessibility and design 
of recreation programs, sites, and facilities.
* * * * *
    [Paragraphs 4g and 4h are unchanged.]
    5. Comply with the Forest Service Outdoor Recreation Accessibility 
Guidelines (FSORAG) (FSM 2330.12, para. 7):
    a. When agency programs, sites, and facilities are not addressed in 
Federal accessibility standards (FSM 2330.12, para. 2 and 3) or
    b. When the FSORAG establishes a higher standard than Federal 
accessibility standards (FSM 2330.12, para. 2 and 3).
* * * * *
    [FSM 2333.1-2333.32 are unchanged.]

2333.33--Integrated Accessibility/Universal Design

    Ensure that new or rehabilitated recreation sites, facilities, and 
elements utilize universal design to accommodate all people, to the 
greatest extent possible, including persons with disabilities. 
Eliminate architectural barriers that limit use or enjoyment of 
recreation opportunities (FSM 2330.3, para. 8, and FSM 2333.03, para. 
4f).
* * * * *
    [FSM 2333.34-2333.48 are unchanged.]

2333.5--Design Criteria

    Use the criteria in FSM 2333.51 through 2333.58 to determine need, 
location, and type of recreation site improvements.

2333.51--Toilets

    1. Locate toilets conveniently; the maximum distance a user should 
have to travel to a toilet is 500 feet.
    2. Provide a sufficient number of toilets. As a general rule, 
provide one toilet for every 35 persons.
    3. Design each toilet to prevent unsanitary conditions and 
pollution with a minimum of maintenance and to comply with FSM 2330.3, 
paragraph 8, and FSM 2333.03, paragraph 4f. The design narrative must 
address the type of toilet facility desirable for a particular site. In 
determining the type of toilet facility to install, consider initial 
cost, future operation and maintenance costs, accessibility, and the 
recreation opportunity spectrum class of the site (FSM 2330.3, ex.01).

2333.52--Recreational Vehicle Sanitary Stations and Waste Water 
Disposal

    Design and install Forest Service recreational vehicle (RV) dump 
stations only where there is environmental pollution from 
indiscriminate roadside

[[Page 8065]]

dumping by persons using Forest Service facilities and/or where 
commercial RV dump stations are not available within a reasonable 
driving distance. Encourage the private sector to develop these 
facilities, and provide the private sector with every opportunity to do 
so before the Forest Service develops them. Gray water collection and 
handling systems may be provided on-site when necessary to prevent 
environmental pollution. Comply with the accessibility requirements for 
such facilities (FSM 2330.12, para. 7, FSM 2330.3, para. 8, and FSM 
2333.03, para. 4f).

2333.53--Refuse and Garbage Disposal

    Provide adequate numbers of receptacles, and position them to 
facilitate litter control. Large, centralized containers or clusters of 
containers are usually more cost-effective than scattered small 
containers; use large or clustered containers where practical. Comply 
with the accessibility requirements for such receptacles and containers 
(FSM 2330.3, para. 8, and FSM 2333.03, para. 4f).

2333.54--Drinking Water

    All water facilities where water is intended for human consumption 
must meet the standards in FSM 7421, FSM 2330.3, paragraph 8, and FSM 
2333.03, paragraph 4f.
* * * * *
    [FSM 2333.55-2333.56 are unchanged.]

2333.57--Convenience Facilities

    Convenience facilities serve as a source of comfort to forest 
visitors, rather than meeting their health and safety needs or 
protecting resources. Design and install convenience facilities to be 
suitable for the site where they will be located and the use they will 
receive. FSM 2330.3, exhibit 01, displays the types of convenience 
facilities normally provided, depending on the planned recreation 
opportunity spectrum class and development scale. Facilities must 
comply with FSM 2330.3, paragraph 8, and FSM 2333.03, paragraph 4f.

2333.58--Information Facilities

    Install signs and posters where necessary or helpful to visitors, 
but keep them to a minimum. Provide bulletin boards at a central 
location for rules, regulations, time limits, and other special 
information. Information facilities shall comply with FSM 2330.3, 
paragraph 8, and FSM 2333.03, paragraph 4f.
* * * * *
    [FSM 2333.6-2334.22 are unchanged.]

2334.23--Parking Areas and Spurs

    Each campground unit must be served by a parking spot or spur that 
allows safe vehicle parking off the main campground loop road. The last 
25 feet of each parking spur should be level, except for the 1-to-2-
percent slope necessary for drainage, and as close to the natural grade 
as possible. Parking spurs required to be accessible shall comply with 
section 5.0 of the Forest Service Outdoor Recreation Accessibility 
Guidelines (FSORAG) and other applicable authorities set out at FSM 
2330.12, paragraph 7, FSM 2330.3, paragraph 8, and FSM 2333.03, 
paragraph 4f.

2334.24--Water Access Facilities

    Install facilities for boat moorings when campgrounds and picnic 
grounds are accessible only by boats and when lake bottom and shoreline 
characteristics do not permit boats to be drawn up safely on the beach 
for short-term or overnight storage. Boat moorings consisting of docks, 
piers, jetties, or tie-up anchorages located along the shore shall be 
in compliance with Federal and Forest Service boating and fishing 
accessibility guidelines (FSM 2330.3, para. 8, and FSM 2333.03, para. 
4f).
* * * * *
    [FSM 2334.25 is unchanged.]

2334.26--Camping Units

    A standard camping unit consists of a table, fire grill or ring, 
parking spur, and space for a tent or expansion space to accommodate a 
recreational vehicle. Locate units at least 25 feet from the edge of 
the campground road and at least 100 feet from lakes, streams, toilets, 
and main roads.
    Camping units must provide for use of the maximum variety of 
camping equipment without separate loops or areas for tent or 
recreational vehicle use, except where local terrain or patterns of use 
indicate that segregation is practical and desirable. All site 
furnishings provided in camping units shall comply with the Forest 
Service Outdoor Recreation Accessibility Guidelines (FSORAG) (FSM 
2330.12, para. 7, FSM 2330.3, para. 8, and FSM 2333.03, para. 4f).
    1. Tent Camping Units. Tent camping units are appropriate where 
terrain restrictions preclude development of a spur to accommodate 
recreational vehicles (RVs). The parking spur is not the focal point of 
use. A tent camping unit normally should include a 30-foot parking 
spur, 12-by-16-foot, level tent pad, table, and fireplace. Parking and 
all tent camping elements shall comply with the FSORAG (FSM 2330.12, 
para. 7, FSM 2330.3, para. 8, and FSM 2333.03, para. 4f).
    2. RV Camping Units. The parking spur is the focal point of use for 
RV camping units. Provide at least 210 square feet of usable camping 
space next to the spur.
    a. RV camping units should include a parking spur that is at least 
50 feet long or a pull-through spur, a picnic table, and a stove, 
grill, or fire ring. Parking and all camping unit elements shall comply 
with the FSORAG (FSM 2330.12, para. 7, FSM 2330.3, para. 8, and FSM 
2333.03, para. 4f).
    b. Where feasible and appropriate to the setting, the remaining 
parking spurs not included in figure 5.1 of the FSORAG (FSM 2330.12, 
para. 7, FSM 2330.3, para. 8, and FSM 2333.03, para. 4f) should be at 
least 16 feet wide.
* * * * *
    [FSM 2334.26, paragraph 3, is unchanged.]

2334.27--Picnic Units

    A standard single picnic unit consists of one picnic table and, in 
some cases, a stove, grill, or fireplace. All site furnishings provided 
in picnic units shall comply with the FSORAG (FSM 2330.12, para. 7, FSM 
2330.3, para. 8, and FSM 2333.03, para. 4f). Some of the sites may be 
provided with 16-foot stationary tables to accommodate two-family use. 
Space picnic units to permit privacy and prevent overuse.

2334.28--Group Campgrounds and Picnic Grounds

* * * * *
    [The unnumbered introductory paragraph and paragraph 1 are 
unchanged.]
    2. Cooking Facilities. Provide each site or component in a group 
campground or picnic area with a large, open fire grill. A food 
preparation table may be needed in most group campgrounds, and a food 
service table is needed in both group campgrounds and picnic areas. All 
site furnishings provided in group use sites shall comply with the 
FSORAG (FSM 2330.12, para. 7, FSM 2330.3, para. 8, and FSM 2333.03, 
para. 4f ).
* * * * *
    [The text from paragraph 3 of FSM 2334.28 through FSM 2334.33 are 
unchanged.]

2334.34--Special Public Services

    In general, do not permit stores, restaurants, and other commercial 
developments within campgrounds and picnic grounds. If the public 
requires special services, such as equipment rental (for example, 
rental of boats,

[[Page 8066]]

bathing suits, or towels), clothes lockers, or shuttle transportation, 
they may be authorized under a special use authorization (FSM 2343.7). 
Before these services are authorized, a determination shall be made 
that there is a need for them that cannot be met on nearby private 
lands, that it would be financially viable to provide these services, 
and that they can be furnished at reasonable rates. If facilities are 
provided, they shall comply with FSM 2330.3, paragraph 8, and FSM 
2333.03, paragraph 4f.
* * * * *
    [FSM 2334.35 is unchanged.]

2335--Development of Sites Other Than Campgrounds and Picnic Areas

2335.1--Boating Sites

    Develop suitable boating sites along lakes, reservoirs, and rivers 
primarily to launch boats. Sites may also offer boating services, 
including mooring space, repair services, boat rental, and the sale of 
gasoline, oil, and miscellaneous items. When these types of services 
are desirable, allow concessionaires to provide them under a special 
use authorization (FSM 2343.2 and 2721.52). Facilities that are 
provided shall comply with the Federal and Forest Service accessibility 
guidelines for boating and fishing (FSM 2330.3, para. 8, and FSM 
2333.03, para. 4f).

2335.11--Design

* * * * *
    [Paragraphs 1-5 are unchanged.]
    6. Design facilities in accordance with FSM 2330.3, paragraph 8, 
and FSM 2333.03, paragraph 4f.
* * * * *
    [FSM 2335.12-2335.13 and the unnumbered paragraph in FSM 2335.2, 
Swimming Sites, are unchanged.]

2335.21--Design

    5. Ensure that new or reconstructed beach access routes comply with 
the beach access routes section of the FSORAG (FSM 2330.12, para. 7, 
and FSM 2333.03, para. 4f).
* * * * *
    [The remainder of the chapter (FSM 2335.22-2336) is unchanged.]

[FR Doc. 05-3069 Filed 2-16-05; 8:45 am]
BILLING CODE 3410-11-P