[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Notices]
[Pages 63426-63430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25396]


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DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Special Use Administration

AGENCY: Forest Service, USDA.

ACTION: Notice; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Forest Service is seeking comments from all interested individuals and 
organizations on the extension with revision of a currently approved 
information collection, Special Use Administration.

[[Page 63427]]


DATES: Comments must be received in writing on or before December 23, 
2008 to be assured of consideration. Comments received after that date 
will be considered to the extent practicable.

ADDRESSES: Comments concerning this notice should be addressed to USDA 
Forest Service, Attn: Lands, 1400 Independence Ave., SW., Mailstop: 
1124, Washington, DC 20250-0003.
    Comments also may be submitted via facsimile to (202) 205-1604 or 
by e-mail to: [email protected].
    The public may inspect comments received at Office of the Director, 
Lands, 4th Floor South, Sidney R. Yates Federal Building, 14th and 
Independence Avenue, SW., Washington, DC, 20024 during normal business 
hours. Visitors are encouraged to call ahead to (205) 205-1248 to 
facilitate entry to the building.

FOR FURTHER INFORMATION CONTACT: Glen Parker, Lands, at (202) 205-1196. 
Individuals who use telecommunication devices for the deaf (TDD) may 
call the Federal Relay Service (FRS) at 1-800-877-8339 between 8 a.m. 
and 8 p.m., Eastern Standard Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: 
    Title: Special Use Administration.
    OMB Number: 0596-0082.
    Expiration Date of Approval: 05/31/2009.
    Type of Request: Extension with Revision.
    Abstract: Several statutes authorize the Forest Service to issue 
and administer authorizations for use and occupancy of National Forest 
System (NFS) lands and collect information from the public for those 
purposes, including the Organic Administration Act of 1897 (16 U.S.C. 
551); Title V of the Federal Land Policy and Management Act of 1976 
(FLPMA, 43 U.S.C. 1761-1771); the Act of March 4, 1915 (16 U.S.C. 497); 
the National Forest Ski Area Permit Act (16 U.S.C. 497b); section 28 of 
the Mineral Leasing Act (30 U.S.C. 185); the National Forest Roads and 
Trails Act (FRTA, 16 U.S.C. 532-538); section 7 of the Granger-Thye Act 
(16 U.S.C. 480d); the Act of May 26, 2000 (16 U.S.C. 460l-6d); and the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801-6814). Forest 
Service regulations implementing these authorities, found at 36 CFR 
part 251, subpart B, contain information collection requirements, 
including submission of applications, execution of forms, and 
imposition of terms and conditions that entail information collection 
requirements, such as the requirement to submit annual financial 
information; to prepare and update an operating plan; to prepare and 
update a maintenance plan; and to submit compliance reports and 
information updates.
    The information collection requirements are necessary for the 
Forest Service to issue and administer special use authorizations that 
allow the public to use and occupy NFS lands under these authorities. 
The information collected is used by Forest Service officials (unless 
otherwise noted) to ensure that uses of NFS lands are authorized, in 
the public interest, and compatible with the Agency's mission; and/or 
record authorization of use granted by appropriate Forest Service 
officials.
    The information helps the Agency identify the environmental and 
social impacts of special uses for purposes of compliance with the 
National Environmental Policy Act and program administration. In 
addition, the Agency uses the information to ascertain whether the land 
use fee(s) charged for special use authorizations are based on market 
value.
    Information collection occurs via application forms, as well as 
terms and conditions in special use authorizations and operating plans. 
There are six categories of information collected:
    (1) Information required from proponents and applicants to evaluate 
proposals and applications to use or occupy NFS lands
    (2) Information required from applicants to complete special use 
authorizations
    (3) Annual financial information required from holders to determine 
land use fees
    (4) Information required from holders to prepare and update 
operating plans
    (5) Information required from holders to prepare and update 
maintenance plans
    (6) Information required from holders to complete compliance 
reports and informational updates
    The six categories cover all information collection requirements 
involved in administration of the special uses program, including 
application and reporting forms; authorization forms; supplemental 
special use authorization clauses in Forest Service Handbook 2709.11, 
chapter 50; and information collection requirements not associated with 
an approved standard form.
    These six categories demonstrate the complexity of the special uses 
program and the importance of standard forms in administration of the 
program. Special use authorizations encompass a variety of activities 
ranging from individual private uses to large-scale commercial 
facilities and public services. Examples of authorized special uses 
include public and private road rights-of-way, apiaries, domestic water 
supply conveyance systems, telephone and electric service rights-of-
way, oil and gas pipeline rights-of-way, communications facilities, 
hydroelectric power-generating facilities, ski areas, resorts, marinas, 
municipal sewage treatment plants, and public parks and playgrounds.

Category 1: The Application Process

    1. SF-299, Application for Transportation and Utility Systems and 
Facilities on Federal Lands, is used to evaluate the applicant's 
technical and financial capability, nature of the proposed operations, 
and anticipated environmental impacts and proposed mitigation of those 
impacts. This form used for most non-recreational NFS lands use 
requests.
    2. FS-2700-3a, Holder-Initiated Revocation of Existing 
Authorization and Request for a Special Use Permit, is used to 
facilitate issuance of a new authorization when there is a change in 
ownership of authorized improvements or a change in control of the 
holder of a special use authorization.
    3. FS-2700-3b, Special Use Application and Permit for Noncommercial 
Group Use, provides information used to evaluate requests to use NFS 
lands for noncommercial gatherings involving 75 or more people, such as 
a wedding or an activity involving the exercise of First Amendment 
rights, and to authorize such requests.
    4. FS-2700-3c, Special Use Application and Permit for Recreation 
Events, is used to collect information needed to evaluate requests to 
use NFS lands for events involving an entry or participation fee, such 
as an endurance ride, and to authorize such requests.
    5. FS-2700-3e, Special Use Application and Permit for Government-
Owned Buildings, is the form used by the Forest Service to collect 
information and to issue permits for use of government-owned facilities 
on NFS lands.
    6. FS-2700-3f (new), Special Use Application and Permit, Temporary 
Permit for Outfitting and Guiding, is the form used by the Forest 
Service to collect information and to issue temporary permits to use 
NFS lands for Outfitting and Guiding services.
    7. FS-2700-10, Technical Data for Communications Uses, is the form 
used by the Forest Service to collect information and to evaluate the 
compatibility of communications equipment at a communications site to

[[Page 63428]]

minimize frequency interference and other compatibility problems.
    8. FS-2700-11, Agreement Concerning a Small Business Administration 
Loan for a Holder of a Special Use Permit, is the form used by the 
Forest Service to collect information and to enter into agreement with 
a holder, a lender, and the United States Small Business Administration 
(SBA) regarding a loan guaranteed by the SBA.
    9. FS-2700-12, Agreement Concerning a Loan for a Holder of a 
Special Use Permit, is the form used by the Forest Service to collect 
information and to enter into an agreement with a holder and a lender 
regarding a loan not guaranteed by the SBA.
    10. FS-6500-24, Financial Statement, provides information used by 
the authorized Forest Service officer or financial analyst to evaluate 
the financial capability of an applicant to undertake the requested use 
and to comply with the terms and conditions of an authorization. This 
form is used primarily for requests to operate ski areas, resorts, and 
government-owned campgrounds on NFS lands.
    11. FS-6500-25, Request for Verification, is the form used by an 
authorized Forest Service officer or financial analyst to (1) obtain a 
release of information from a financial institution to verify the 
financial capability of an applicant to undertake the requested use and 
(2) to comply with the terms and conditions of an authorization. This 
form is used primarily for requests to operate ski areas, resorts, and 
government-owned campgrounds on NFS lands.
    12. FS-2700-28, Request for New Appraisal (CUFFA), is the form used 
by the Forest Service to collect information and to initiate a new 
appraisal of a recreation residence lot.
    13. FS-2700-32, Application for Permit for Archaeological 
Investigations is the form used by the Forest Service to collect 
information and to evaluate the financial capability and qualifications 
of an applicant to undertake archaeological investigations on NFS 
lands.
    14. FS-2700-33, Additional Insured Endorsement for a Special Use 
Authorization, is the form used by the Forest Service to collect 
information and to name the United States as an additional insured in 
an insurance policy issued to the holder of a special use 
authorization.
    15. FS-2700-34 (new), Prospectus for Campground and Related 
Granger-Thye Concessions, is used to select the most qualified 
applicant to operate a concession campground in a competitive process.
    16. Response to a Prospectus (no designated form). When the Forest 
Service offers a new business opportunity that requires a Special Use 
authorization, for which there is competitive interest, it is necessary 
to issue a prospectus. Information provided by applicants in response 
to a prospectus is used to select the most qualified applicant.

Category 2: Special Use Authorizations

    1. FS-2700-4, Special Use Permit, is the form used by the Forest 
Service to collect information and to authorize a variety of uses on 
NFS lands not covered by another form.
    2. FS-2700-4a, Special Use Permit Granger-Thye Supplement, is the 
form used by the Forest Service to collect information and to modify 
form FS-2700-4, when used to authorize government-owned improvements.
    3. FS-2700-4b, Forest Road Special Use Permit, is the form used by 
the Forest Service to collect information and to authorize, under 
FLPMA, the construction and use of an NFS road, typically to access 
private property within a national forest for commercial purposes, such 
as timber hauling or noncommercial purposes such as residential use.
    4. FS-2700-4c, Private Road Special Use Permit, is the form used by 
the Forest Service to collect information and to authorize, under 
FLPMA, the construction and use of a road that is not part of the 
forest transportation system to access non-Federal land, a mining 
claim, a mineral leasing area, or other uses of NFS lands.
    5. FS-2700-4d, Temporary Cost Share Agreement Road Special Use 
Permit, is the form used by the Forest Service to collect information 
and to authorize, under FLPMA, the construction, maintenance, and use 
of a temporary road on NFS lands covered by a cost share agreement to 
access private property within a national forest for commercial 
purposes, such as timber harvesting.
    6. FS-2700-4h, Special Use Permit for Campground and Related 
Granger-Thye Concessions, is the form used by the Forest Service to 
collect information and to authorize the operation and maintenance of a 
government-owned recreation site on NFS lands.
    7. FS-2700-4h--Appendix B, Annual Granger-Thye Fee Offset 
Agreement, is used by authorized Forest Service official and the holder 
to specify the government maintenance, reconditioning, renovation, and 
improvement used to offset the land use fee for a Campground and 
Related Granger-Thye Concessions Special Use Permit.
    8. FS-2700-4h--Appendix G, Granger-Thye Fee Offset Claim 
Certification, is used by a holder to provide a record of said holder's 
direct and indirect costs attributable to a project enumerated in a 
Granger-Thye Fee Offset Agreement.
    9. FS-2700-4h--Appendix F, Special Use Permit for Campground and 
Related Granger-Thye Concessions, describes the Forest Service's 
drinking water program and the requirements that apply to holders 
authorized to operate a federally owned drinking water system.
    10. FS-2700-4i, Special Use Permit for Outfitting and Guiding, is 
the form used by the Forest Service to collect information and 
authorize the use and occupancy of NFS lands to provide outfitting and 
guiding services.
    11. FS-2700-4j (new), Special Use Permit for a Federal Agency's 
Electric Transmission Facilities, is the form used by the Forest 
Service to collect information and authorize the use and occupancy of 
NFS lands by a federal agency that owns and operates electric 
transmission lines and facilities
    12. FS-2700-5, Term Special Use Permit, is the form used by the 
Forest Service to collect information and authorize long-term use of 
NFS lands involving privately owned facilities.
    13. FS-2700-5a, Term Special Use Permit for Recreation Residences, 
is the form used by the Forest Service to collect information and 
authorize a privately owned recreation residence on NFS lands.
    14. FS-2700-5b, Ski Area Term Special Use Permit, is the form used 
by the Forest Service to collect information and authorize ski areas on 
NFS lands.
    15. FS-2700-5c, Resort/Marina Term Special Use Permit, is the form 
used by the Forest Service to collect information and authorize a 
resort/marina on NFS lands.
    16. FS-2700-5d (new), Resort Supplement for Outfitting and Guiding, 
provides information the Forest Service uses to authorize outfitting 
and guiding occurring at a resort/marina on NFS lands.
    17. FS-2700-9a, Agricultural Irrigation and Livestock Watering 
System Easement, is used by the Forest Service to collect information 
and grant an easement for an agricultural irrigation or a livestock 
watering system on NFS lands.
    18. FS-2700-9b, Cost Share Easement, is used by the Forest Service 
to collect information and authorize, under FRTA, the acquisition, 
construction, or reconstruction and the maintenance and use of an NFS 
road

[[Page 63429]]

that is subject to a cost share agreement. The parties to the cost 
share agreement grant each other easements within the geographic area 
covered by the agreement. A cost share easement is for a NFS road and 
is subject to the cost sharing provisions of the agreement.
    19. FS-2700-9c, Non-Cost Share Easement, is used by the Forest 
Service to collect information and authorize, under FRTA, the 
construction, reconstruction, maintenance, and use of private roads 
under a cost share agreement. The parties to the cost share agreement 
grant each other easements within the geographic area covered by the 
agreement. A non-cost share easement is for a private road (rather than 
a NFS road) and is not subject to the cost sharing provisions of the 
agreement.
    20. FS-2700-9d, Public Road Easement, is used by the Forest Service 
to collect information and grant easements under FRTA to public road 
authorities, such as states or counties, to construct and maintain 
public roads that are not part of the Federal Aid Highway System.
    21. FS-2700-9e, Forest Road Easement, is issued under the National 
Forest Roads and Trails Act. This form is used by the Forest Service to 
collect information and to grant an easement under FRTA to a party to a 
cost share agreement, or to another non-Federal landowner who is 
cooperating in the acquisition, construction, or maintenance of a NFS 
road. The easement is for acquisition, construction or reconstruction, 
maintenance, and use of a NFS road that is outside the boundaries of a 
cost share agreement. At the time the easement is granted, the grantor 
and the grantee share the costs of acquisition, construction, and 
reconstruction. After the easement is granted, the grantor and the 
grantee share only the cost of maintenance.
    22. FS-2700-9f, Private Road Easement, issued under the National 
Forest Roads and Trails Act; the Forest Service uses this form to 
collect information and grant an easement under FRTA to a party to a 
cost share agreement, or to another non-Federal landowner who is 
cooperating in the acquisition, construction, or maintenance of a NFS 
road. The easement is for construction or reconstruction, maintenance, 
and use of a private road that is outside the boundaries of a cost 
share agreement. Since the easement is for a private rather than a NFS 
road, the cost of constructing, reconstructing, and maintaining the 
road are borne by the grantee.
    23. FS-2700-9g, Forest Road Easement, issued under the Federal Land 
Policy and Management Act, is used by Forest Service to collect 
information and grant an easement under FLPMA for construction, 
reconstruction, maintenance, and use of an NFS road, when the grantee 
is not a party to a cost share agreement for the acquisition, 
construction, and maintenance of an NFS road, or when the grantee does 
not meet the requirements for issuance of a forest road easement under 
FRTA.
    24. FS-2700-9h, Private Road Easement, issued under the Federal 
Land Policy and Management Act, is used by the Forest Service to 
collect information and grant an easement under FLPMA for construction, 
reconstruction, maintenance, and use of a private road, when the 
grantee is not a party to a cost share agreement for the acquisition, 
construction, and maintenance of NFS roads, or when the grantee does 
not meet the requirements for issuance of a private road easement under 
FRTA.
    25. FS-2700-10b, Communications Site Lease, is the form used by the 
Forest Service to collect information and to authorize a communications 
use within a designated communications site on NFS lands.
    26. FS-2700-23, Amendment for Special Use Authorization, is used by 
the Forest to collect information and amend an existing special use 
authorization.
    27. FS-2700-25, Temporary Special Use Permit, is used by the Forest 
Service to authorize uses of one year or less on NFS lands.
    28. FS-2700-26, Major Category Cost Recovery Agreement, is used to 
effectuate cost recovery for special use applications or authorizations 
involving over 50 hours to process or monitor.
    29. FS-2700-26b, Cost Recovery Master Agreement, is used by Forest 
Service officials to effectuate cost recovery for special use 
applications or authorizations involving multiple phases of development 
or groups of applications or similar applications for a specified 
geographic area.
    30. FS-2700-27, Notice to Alaska Native Corporations Regarding 
Prospectus for Visitor Services, is used by the Forest Service to 
collect information and provide notice to Alaska Native Corporations of 
the issuance of a prospectus to conduct visitor services in 
Conservation System Units in Alaska. Notification provides the Alaska 
Native Corporations a chance to request designation as a most directly 
affected Native Corporation for purposes of competing for the 
opportunity to conduct visitor services.
    31. FS-2700-31, Electric Transmission Line Easement, the Forest 
Service uses this form to collect information and to grant a long-term 
easement under FLPMA for an electric transmission line to a non-federal 
organization.
    32. FS-2700-32, Permit for Archaeological Investigations, the 
Forest Service uses this form to collect information and to grant a 
permit to a qualified applicant to conduct archeological investigations 
on or within NFS lands.

Category 3: Annual Financial Information

    1. FS-2700-6b, Recreation Residence Self-Inspection Report, the 
Forest Service uses this form to review and record any modifications 
made to a recreation residence.
    2. FS-2700-7, Reconciliation of Sales for Fee Calculation, this 
form provides information used by the Forest Service to determine land 
use fees based on sales revenue.
    3. FS-2700-8, Reconciliation of Gross Fixed Assets to Booked 
Amounts, the Forest Service uses the information provided on this form 
to determine land use fees based on the gross fixed assets of the 
holder.
    4. FS-2700-10a, Telecommunications Facility Inventory, the Forest 
Service uses the information provided on this form to determine the 
rent for a communications facility based on the number of tenants in 
the facility.
    5. FS-2700-19, Fee Calculation for Concession Permits, information 
collected via this form is used by the Forest Service to determine the 
land use fee for concession permits under the Graduated Rate Fee 
System.
    6. FS-2700-19a, Fee Calculation for Ski Area Permits, this form 
collects information used by the Forest Service to determine the land 
use fee for ski area permits under the Ski Fee Act.
    7. Business Practices (no designated form). The holder provides 
information regarding various business practices, such as basic 
accounting or financial records, upon request by the authorized officer 
or as a term and condition of an authorization. In most circumstances, 
the form used is one customarily used for the type of business 
involved.

Category 4: Preparing and Updating Operating Plans (no designated form)

    Special use authorizations may contain a clause requiring the 
holder to prepare and update an operating plan that governs day-to-day 
operations of the authorized use. This information is

[[Page 63430]]

useful to the holder and the Forest Service, because it specifies 
procedures and policies for conducting the authorized use. Typically, 
operating plans contain daily operating guidelines, fire abatement and 
control procedures, monitoring guidelines, maintenance standards, 
safety and emergency plans, and inspection standards. Operating plans 
are usually necessary for complex operations, commercial uses, and uses 
conducted in environmentally sensitive areas.

Category 5: Preparing and Updating Maintenance Plans (no designated 
form)

    A permit or easement issued under FLPMA or FRTA may require the 
holder or grantee to submit and update a road maintenance plan or 
information necessary for the preparation of a road maintenance plan. A 
road maintenance plan governs the responsibility of the holder or 
grantee to perform or pay for maintenance of an NFS road.

Category 6: Compliance Reports and Information Updates

    1. FS-2700-34 (new), Outfitter or Guide Trip Ticket is used by an 
outfitter or guide to provide use information to Forest Service 
officials via the Internet or other media. The Forest Service uses the 
information to track use of NFS lands.
    2. Compliance Reports and Information Updates (no designated form). 
Special use authorizations may contain a clause requiring the holder to 
provide the Forest Service with compliance reports, information 
reports, and other information required by Federal law or to manage NFS 
lands to ensure adequate protection of national forest resources and 
public health and safety. Examples of compliance and information 
updates include dam maintenance inspection reports and logs required by 
the Reclamation Safety of Dams Act of 1978; the Federal Dam Safety 
Inspection Act of 1979; and the Dam Safety Act of 1983; documentation 
that authorized facilities passed safety inspections; documentation 
showing that the United States is named as an additional insured in an 
insurance policy issued to a holder; notifications involving a change 
in ownership of authorized improvements or a change in control of the 
holder; and documentation of compliance with Title VI of the Civil 
Rights Act of 1964.
    Estimate of Annual Burden: 2.37 burden hours per response.
     Type of Respondents: Individuals, Businesses, Non-profit 
Organizations, and Non-Federal Governmental entities.
    Estimated Annual Number of Respondents: 88,505 respondents.
    Estimated Annual Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 161,017 hours.

Comment Is Invited

    Comment is invited on: (1) Whether this collection of information 
is necessary for the stated purposes and the proper performance of the 
functions of the agency, including whether the information will have 
practical or scientific utility; (2) the accuracy of the agency's 
estimate of the burden of the collection of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collection of information on 
respondents, including the use of automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology.
    All comments received in response to this notice, including names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the submission request 
toward Office of Management and Budget approval.

    Dated: October 17, 2008.
Gloria Manning,
Associate Deputy Chief, National Forest System.
 [FR Doc. E8-25396 Filed 10-23-08; 8:45 am]
BILLING CODE 3410-11-P