[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73820-73821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29305]


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DEPARTMENT OF AGRICULTURE

Forest Service

 RIN 0596-AD09


Publicly Managed Recreation Opportunities, Recreation Fees

AGENCY: Forest Service, USDA.

ACTION: Notice of issuance of final directive.

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SUMMARY: The Forest Service is issuing a final directive providing 
direction on recreation fees in chapter 30 of new Forest Service 
Handbook (FSH) 2309.13. This chapter enumerates the requirements for 
recreation fees charged by the Forest Service under the Federal Lands 
Recreation Enhancement Act (REA) (16 U.S.C. 6801-6814), which was 
enacted December 8, 2004. This chapter replaces the Forest Service's 
interim implementation guidelines on REA and obsolete direction on 
recreation fees in FSM 2330.

DATES: This final directive is effective December 9, 2013.

FOR FURTHER INFORMATION CONTACT: Chris Hartman, [email protected], 
202-205-1227.

SUPPLEMENTARY INFORMATION:

Background and Need for the Final Directive

    REA authorizes the Federal land management agencies, including the 
Forest Service, to charge several types of recreation fees and to 
invest the recreation fees at the sites and areas where they were 
collected to enhanced facilities and services provided to visitors. REA 
replaced the recreation fee authority under section 4 of the Land and 
Water Conservation Fund Act (16 U.S.C. 460l-6a) and the Recreational 
Fee Demonstration Program statute (Pub. L. 104-134, Sec.  315).
    On April 25, 2005, the Forest Service issued Federal Lands 
Recreation Enhancement Act (REA): Forest Service Interim Implementation 
Guidelines (Guidelines). The statutory direction in REA has been 
appropriately integrated

[[Page 73821]]

into administration of the Forest Service's Recreation Fee Program 
under the Guidelines.
    This final directive, which replaces the Guidelines, formalizes 
direction on REA by incorporating it into the Forest Service's 
Directive System. The final directive incorporates without 
interpretation the requirements in REA and therefore was not subjected 
to public comment. Formalizing direction on these requirements will 
assist Forest Service employees who administer the Recreation Fee 
Program. The final directive will be available to the public online at 
http://www.fs.fed.us/im/directives.

Regulatory Certifications

Environmental Impact

    This final directive will incorporate without interpretation the 
requirements in REA into the Forest Service's Directive System. Forest 
Service regulations at 36 CFR 220.6(d)(2) exclude 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 has 
concluded that this final 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 final directive has been reviewed under USDA procedures and 
Executive Order (E.O.) 12866 on regulatory planning and review. The 
Office of Management and Budget (OMB) has determined that this final 
directive is not significant. The final directive will not have an 
annual effect of $100 million or more on the economy, nor will it 
adversely affect productivity, competition, jobs, the environment, 
public health and safety, or State or local governments. The final 
directive will not interfere with an action taken or planned by another 
agency, nor will it raise new legal or policy issues. Finally, the 
final directive will not alter the budgetary impact of entitlement, 
grant, or loan programs or the rights and obligations of beneficiaries 
of those programs. Accordingly, this final directive is not subject to 
OMB review under E.O. 12866.
    The Agency has considered this final directive in light of the 
Regulatory Flexibility Act (5 U.S.C. 602 et seq.). The Agency has 
determined that this final directive will not have a significant 
economic impact on a substantial number of small entities as defined by 
the act because the final directive will not impose record-keeping 
requirements on them; it will not affect their competitive position in 
relation to large entities; and it will not affect their cash flow, 
liquidity, or ability to remain in the market. The final directive will 
formalize direction on the Forest Service's authority to charge 
recreation fees to the public and will have no direct effect on small 
businesses.

No Takings Implications

    The Agency has analyzed this final directive in accordance with the 
principles and criteria contained in E.O. 12630. The Agency has 
determined that this final directive does not pose the risk of a taking 
of private property.

Civil Justice Reform

    The Agency has reviewed this final directive under E.O. 12988 on 
civil justice reform. After adoption of this final directive, (1) all 
State and local laws and regulations that conflict with this final 
directive or that impede its full implementation will be preempted; (2) 
no retroactive effect will be given to this final directive; and (3) it 
will 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), the Agency has assessed the effects of this final 
directive on State, local, and Tribal governments and the private 
sector. This final directive will 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 final directive under the 
requirements of E.O. 13132 on federalism and has determined that the 
final directive conforms with the federalism principles set out in this 
E.O.; will not impose any compliance costs on the States; and will 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 final directive does not have Tribal implications as 
defined by E.O. 13175, ``Consultation and Coordination with Indian 
Tribal Governments,'' and therefore advance consultation with Tribes is 
not required.

Energy Effects

    This final directive has been reviewed under E.O. 13211 of May 18, 
2001, ``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' The Agency has determined that this 
final directive does not constitute a significant energy action as 
defined in the E.O.

Controlling Paperwork Burdens on the Public

    This final directive does not contain any 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. 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: November 26, 2013.
Thomas L. Tidwell,
Chief, U.S. Forest Service.
[FR Doc. 2013-29305 Filed 12-6-13; 8:45 am]
BILLING CODE 3410-11-P