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USDA/FS RIN: 0596-AB36 Publication ID: Spring 2004 
Title: Land Uses; Special Uses; Recovery of Costs for Processing Special Use Applications and Monitoring Compliance With Special Use Authorizations 
Abstract: This final rule, as authorized by the Mineral Leasing Act and the Federal Land Policy and Management Act, would provide for recovering costs associated with processing applications for special use authorizations to use and occupy National Forest System (NFS) lands and with monitoring compliance with these special use authorizations. The action is needed to provide timely reviews and evaluations of special use applications; to ensure that forest resources are adequately protected; and to ensure that holders comply with the terms and conditions of their authorization. Promulgation of this rule would comply with requirements of OMB Circular A-25, section 7, which directs that user charges be instituted through promulgation of agency regulations implementing the authority for Federal agencies to recover costs under the Independent Officers Appropriations Act (IOAA). The rule would also respond to recommendations in GAO reports RCED-96-84 (April 1996) and RCED 97-16 (December 1996) that the Forest Service (1) operate its special uses program in a more cost-efficient and businesslike manner and (2) promulgate regulations allowing the Agency to exercise existing authority to recover from applicants and holders the Agency's costs to process special-use applications and monitor compliance with those authorizations. This rule would also make Forest Service procedures and fees related to cost recovery consistent with the Bureau of Land Management's (BLM) rules at 43 CFR parts 2800, 2880, and 2930. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 251   
Legal Authority: 43 USC 1764    30 USC 181   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/24/1999  64 FR 66341   
NPRM Comment Period Extended  12/29/1999  64 FR 72971   
NPRM Comment Period End  02/04/2000    
NPRM Comment Period Extended  02/25/2000  65 FR 10042   
NPRM Comment Period End  03/09/2000    
Final Action  07/00/2004    
Final Action Effective  08/00/2004    
Additional Information: Cost reimbursement for processing special use applications and administration of special use authorizations was originally included under RIN 0596-AA36. All provisions pertaining to the special use application and administration process were merged into the final rule published November 30, 1998 (63 FR 65950, RIN 0596-AB35). Thus, this rulemaking addresses only the cost-reimbursement provisions.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Michael McGee
Regulatory Analyst
Department of Agriculture
Forest Service
MS 1134, ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-2601
Fax:202 260-6539
Email: mmcgee01@fs.fed.us