[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43163-43165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16829]


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DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Forest Products Removal Permits and 
Contracts

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 renewal with revisions of a currently approved 
information collection, Forest Products Removal Permits and Contracts. 
The revision pertains to the inclusion of the sale of Christmas trees 
through Rec.gov. The agency began providing that option in calendar 
year 2020, and the public may now buy--and print--a Christmas tree 
permit online versus traveling to a Forest Service office. The option 
to purchase a permit in-person is still available.

DATES: Comments must be received in writing on or before October 5, 
2021 to be assured of consideration. Comments received after that date 
will be considered to the extent practicable.

ADDRESSES: Commenters are encouraged to submit comments by email, if 
possible. You may submit comments by any of the following methods:
     Email: [email protected].
     Mail: Director, Forest Management, USDA, P.O. Box 96090, 
Washington, DC 20090-6090.
     Hand Delivery/Courier: Forest Service, USDA, 1400 
Independence Avenue SW, Mailstop 1103, Washington, DC 20250.
    Comments submitted in response to this notice may be made available 
to the public through relevant websites and upon request. For this 
reason, please do not include in your comments information of a 
confidential nature, such as sensitive personal information or 
proprietary information. If you send an email comment, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
internet. Please note that responses to this public comment request 
containing any routine notice about the confidentiality of the 
communication will be treated as public comments that may be made 
available to the public notwithstanding the inclusion of the routine 
notice.
    The public may request an electronic copy of the draft supporting 
statement and/or any comments received be sent via return email. 
Requests should be emailed to [email protected].

FOR FURTHER INFORMATION CONTACT: Glen Van Zandt, Forest Management 
Staff, by phone 202-617-1095 or by email at [email protected]. 
Individuals who use telecommunication devices for the hearing-impaired 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 24 hours a day, every day of the year, including holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Forest Products Removal Permits and Contracts.
    OMB Number: 0596-0085.
    Expiration Date of Approval: December 31, 2021.
    Type of Request: Renewal with revisions of a currently approved 
information collection.
    Abstract: Under 16 U.S.C. 551 Protection of National Forests; Rules

[[Page 43164]]

and Regulations, individuals and businesses wishing to remove forest 
products from National Forest System lands must request a permit. To 
obtain a permit, applicants must meet the criteria at 36 CFR 223.1, 
223.2, and 223.5-223.13, which authorizes free use or sale of timber or 
forest products.
    Under the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-
246, 122 Stat. 1651) section 8105 Forest Products for Traditional and 
Cultural Purposes [hereinafter referred to as ``section 8105''], 
federally recognized Indian tribes may make a request for free use of 
trees, portions of trees, or forest products for traditional and 
cultural purposes, provided the use will not be for commercial 
purposes. Section 8105 has been codified in 25 U.S.C. chapter 32A 
Cultural and Heritage Cooperation Authority, section 3055 Forest 
Products for Traditional and Cultural Purposes (25 U.S.C. 3055). 
Additionally, Forest Service issued final implementation regulations, 
for section 8105, at 36 CFR 223.15 Provision of Trees, Portions of 
Trees, or Forest Products to Indian Tribes for Traditional and Cultural 
Purposes.
    Indian tribes seeking products, under section 8105 authority, must 
make a request for free use, following the criteria at 36 CFR 223.15, 
which includes: ``Requests for trees, portions of trees, or forest 
products . . . must be submitted to the local Forest Service District 
Ranger's Office(s) in writing. Requests may be made: (1) Directly by a 
tribal official(s) who has been authorized by the Indian tribe to make 
such requests; or (2) By providing a copy of a formal resolution 
approved by the tribal council or other governing body of the Indian 
tribe.'' Note: There is no stated maximum free use limitation for 
products requested by Indian tribes, and there is no limitation to the 
number of requests that each federally recognized Indian tribe may 
make, under section 8105 authority. Should federally recognized Indian 
tribes seeking such use wish to obtain proof of possession, as may be 
required in some States, they could be issued a FS-2400-8 permit which 
allows use of timber or forest products at no charge (36 CFR 223.5-
223.13).
    Upon receiving a permit, the permittee must comply with the terms 
of the permit (36 CFR 261.6), which designates the forest products that 
can be harvested and under what conditions, such as limiting harvest to 
a designated area or permitting harvest of only specifically designated 
material. The collected information will help the Forest Service and 
the Bureau of Land Management (for form FS-2400-1) oversee the approval 
and use of forest products by the public.
    When applying for forest product removal permits, applicants 
(depending on the products requested) would provide information needed 
to complete one of the following:
     FS-2400-1, Forest Products Removal Permit and Cash 
Receipt, is used to sell timber or forest products such as, but not 
limited to, fuelwood, Christmas trees, or pine cones (36 CFR 223.1, 
223.2). The Bureau of Land Management identifies the FS-2400-1 as BLM-
5450-24 (43 U.S.C. 1201, 43 CFR 5420). This form would not be used to 
issue products requested by federally recognized Indian tribes under 
section 8105 authority. In addition, beginning in calendar year 2020, 
the agency has made the option available to the public to use 
Recreation.gov to secure a permit online for Christmas trees at many 
forests and print it out at home instead of traveling to a Forest 
Service office to get the permit there.
     FS-2400-4/FS-2400-4ANF, Forest Products Contract and Cash 
Receipt, are used to sell timber products such as sawtimber or forest 
products such as, but not limited to, fuelwood, or posts and poles. 
These forms would not be used to issue products requested by federally 
recognized Indian tribes under section 8105 authority.
     FS-2400-8, Forest Products Free Use Permit, allows use of 
timber or forest products at no charge to the permittee (36 CFR 223.5-
223.13). This form could be used to issue products requested by 
federally recognized Indian tribes under section 8105 authority.
    Each form listed above implements different regulations and has 
different provisions for compliance but collects similar information 
from the applicant for related purposes.
    The Forest Service and the Bureau of Land Management will use the 
information collected on form FS-2400-1 to ensure identification of 
permittees in the field by agency personnel. The Forest Service will 
use the information collected on forms FS-2400-4/FS-2400-4ANF and/or 
FS-2400-8 to:
     Ensure that permittees obtaining free use of timber or 
forest products qualify for the free-use program.
     Ensure that permittees obtaining free use of timber or 
forest products, under 36 CFR 223.8, do not receive product value in 
excess of that allowed by regulations. However, as noted above for 
federally recognized Indian Tribe requests made under section 8105 
authority, there is no stated maximum free use limitation (25 U.S.C. 
3055).
     Ensure that applicants purchasing timber harvest or forest 
products permits non-competitively do not exceed the authorized limit 
in a fiscal year (16 U.S.C. 472(a)).
     Ensure identification of permittees, in the field, by 
Forest Service personnel.
    Applicants may apply for more than one forest product permit or 
contract per year. For example, an applicant may obtain a free use 
permit for a timber product such as, but not limited to, pine cones 
(FS-2400-8) and still purchase fuelwood (FS-2400-1, and/or FS-2400-4/
2400-4ANF). Additionally, as noted above, there is no limitation to the 
number of requests that each federally recognized Indian tribe may make 
under section 8105 authority (25 U.S.C. 3055).
    Individuals and small business representatives usually request and 
apply for permits and contracts in person at the office issuing the 
permit. As noted above, Indian tribes seeking products under section 
8105 authority must make a written request for free use, following the 
criteria at 36 CFR 223.15.
    Applicants provide the following information, as applicable:
     Name,
     Address, and
     Personal identification number such as tax identification 
number, driver's license number, or other unique number identifying the 
applicant.
    Agency personnel enter the information into a computerized database 
to use for subsequent requests by applicants for a forest product 
permit or contract. The information is printed on paper, which the 
applicant signs and dates. Agency personnel discuss the terms and 
conditions of the permit or contract with the applicant.
    For Christmas tree permits purchased through the Recreation.gov 
website, a user is required to have an account which requires first 
name, last name, email address and mobile phone number.
    The data gathered is not available from other sources. The 
collected data is used to ensure:
     Applicants for free use permits meet the criteria for free 
use of timber or forest products authorized by regulations at 36 CFR 
223.5-223.13; and, for federally recognized Indian tribes under section 
8105 authority, the criteria at 36 CFR 223.15;
     Applicants seeking to purchase and remove timber or forest 
products from Agency lands meet the criteria under which sale of timber 
or forest products is authorized by regulations at 36 CFR 223.80; and
     Permittees comply with regulations and terms of the permit 
at 36 CFR 261.6.

[[Page 43165]]

    The collection of this information is necessary to ensure that 
applicants meet the requirements of the forest products program; that 
those obtaining free-use permits for forest products qualify for the 
program; that applicants purchasing non-competitive permits to harvest 
forest products do not exceed authorized limits; and that Federal 
Agency employees can identify permittees when in the field.
    Estimate of Annual Burden: 5 minutes.
    Type of Respondents: Individuals, small businesses, and, for 
requests made under section 8105 of the Food, Conservation, and Energy 
Act of 2008 (Pub. L. 110-246, 122 Stat. 1651), federally recognized 
Indian tribes.
    Estimated Annual Number of Respondents: 192,224.
    Estimated Annual Number of Responses per Respondent: 2.
    Estimated Total Annual Burden on Respondents (hours): 32,037.
    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 for 
Office of Management and Budget approval.

    Dated: August 3, 2021.
Barnie Gyant,
Associate Deputy Chief, National Forest System.
[FR Doc. 2021-16829 Filed 8-5-21; 8:45 am]
BILLING CODE 3411-15-P