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USDA/FS RIN: 0596-AC81 Publication ID: Fall 2009 
Title: Technical Changes to Lands, Special Uses Regulations  
Abstract: 1) Description of Proposed Action: The Agency is proposing to provide direction on issuance of a recreation residence permit to a living trust in Forest Service Manual (FSM) 2720. Currently, this direction is enumerated in a 1995 policy letter. Consistent with this policy revision, the Agency is proposing to modify the definition of “applicant” in 36 CFR 251.51 to include any entity, not just a business or governmental entity, so that the term “applicant” can include a living trust. The proposed revision of 36 CFR 251.51 would read: “Applicant — any individual, partnership, corporation, association, or other entity, or Federal, State, or other governmental entity that applies for a special use authorization." Justification for the Proposed Action: Since “holder” is defined in the special use regulations as “any applicant who has received a special use authorization,” if the definition of “applicant” is broadened to include a living trust, a living trust can then be a holder of a recreation residence special use authorization under the regulations. 2) Description of Proposed Action: The Agency is proposing to remove an outdated requirement in 36 CFR 251.54(f)(1)(ii). Without the obsolete requirement, 36 CFR 251.54(f)(1)(ii) would read: "The authorized officer shall notify the House Committee on Resources and the Senate Committee on Energy and Natural Resources promptly upon receipt of a proposal for a right-of-way for a pipeline 24 inches or more in diameter, together with the authorized officer’s. . . ." Justification for the Proposed Action: In 1990, the President signed Public Law 101-475, which amended section 28(w)(2) of the Mineral Leasing Act (ML) (30 U.S.C. 185(w)(2)) to remove the requirement to wait 60 days after notifying Congress before granting a pipeline right-of-way when the pipeline is 24 inches or more in diameter. Accordingly, the implementing regulations would be revised to remove the 60-day waiting period. 3) Description of the Proposed Action: The Agency is proposing to insert the word “permits,” which was inadvertently omitted, in the first sentence of 36 CFR 251.53(e). As amended, 36 CFR 251.53(e) would read: “Permits or easements for a right-of-way for a pipeline for the transportation of oil, gas, or oil or gas products, where no Federal land besides National Forest System lands is required. . . .” Justification for the Proposed Action: Direction in FSM 2701.1, paragraph 4, and 2710.11a, paragraph 4, and Forest Service Handbook (FSH) 2709.11, section 19, exhibit 03, uses the term “permit” to refer to a special use authorization for a pipeline issued under the MLA. Additionally, the MLA (30 U.S.C. 185) uses the term “right-of-way” or “permit” throughout. It has always been the Agency’s practice to issue a permit or an easement for an MLA pipeline. Consistent with statutory law and policy, 36 CFR 251.53(e) would be updated to include the word “permit.” 4) Description of the Proposal: As with the third proposal, the Agency is proposing to insert “a permit or” or “permits or” in front of "an easement" or "easements" in 36 CFR 251.60(a)(2)(i), (a)(2)(ii), and (g). The revised sections would read: Section 251.60 Termination, revocation, and suspension. (a) Grounds for termination, revocation, and suspension* * * (2) All other special uses. (i) Revocation or suspension. An authorized officer may revoke or suspend a special use authorization for all other special uses, except a permit or an easement issued pursuant to section 251.53(e) and (l) of this subpart: * * * * * (ii) Administrative review. Except for revocation or suspension of a permit or an easement issued pursuant to section 251.53(e) and (l) of this subpart, suspension or revocation of a special use authorization under this paragraph is subject to administrative appeal in accordance with 36 CFR part 251, subpart C. * * * * * (g) The authorized officer may suspend or revoke a permit or an easement issued pursuant to section 251.53(e) and (l) of this subpart pursuant to formal adjudicatory administrative proceedings instituted by the Secretary under 7 CFR 1.130 through 1.151. No administrative proceeding is required in connection with termination of a permit or an easement. Justification for the Proposed Action: Direction in FSM 2701.1, paragraph 4, and 2710.11a, paragraph 4, and FSH 2709.11, section 19, exhibit 03, uses the term "permit" to refer to a pipeline authorized under the MLA. Additionally, the MLA uses the term "right-of-way" or "permit" throughout. It has always been the Agency’s practice to issue a permit or an easement for an MLA pipeline. Consistent with statutory law and policy, 36 CFR 251.60 would be updated to include the word "permit." 5) Description of the Proposed Action: The Agency is proposing to replace the cross-reference to section 251.54 in 36 CFR 251.65 with section 251.56. Justification for the Proposed Action: The cross-reference in 36 CFR 251.65 to the provision governing terms and conditions, section 251.54, is incorrect. The correct cross-reference to the provision governing terms and conditions is section 251.56. 6) Description of the Proposed Action: The Agency is proposing to replace the cross-reference to section 251.54(h)(1) in 36 CFR 251.60(a)(1)(i)(A) with 251.54(g)(3)(ii). Justification for the Proposed Action: The cross-reference in 36 CFR 251.60(a)(1)(i)(A) to the provision containing the evaluation criteria for noncommercial group use applications, section 251.54(h)(1), is incorrect. The correct cross-reference to the provision containing the evaluation criteria is section 251.54(g)(3)(ii). This direct final rule would provide for a 60-day comment period and would become effective 90 days after publication in the Federal Register, unless adverse comments are received during the comment period. If adverse comments are received, the agency will withdraw the final rule and publish a proposed rule. Adverse comments received on the direct final rule will be considered in the development of a final. The Agency recommends that this direct final rule be designated non-significant because the revisions are narrow in scope and are technical changes to make the current CFR consistent with current policy. There are no other planned revisions to the Forest Service regulations. 
Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 215, subpart B (To search for a specific CFR, visit the Code of Federal Regulations.
Legal Authority: Not Yet Determined 
Legal Deadline:  None
Timetable:
Action Date FR Cite
Direct Final Rule  12/00/2009   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lorrie Parker
Regulatory Analyst
Department of Agriculture
Forest Service
ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-6560
Fax:202 260-6539
Email: lsparker@fs.fed.us

 
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