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USDA/FS

RIN: 0596-AD13

Publication ID: Fall 2013

Title: Concession Uses (Including Year-Round Recreation) Privately Provided Recreation Opportunities
Abstract: Background: Current policy implies that only alpine and Nordic facilities and uses can be approved at ski areas authorized under the 1986 National Forest Ski Area Permit Act (16 U.S.C. section 497b). In 2011, the Ski Area Recreational Opportunities Act (Pub. L. 112-46) clarified that summer and four season recreation uses and supporting facilities could also be approved, subject to the discretion of the Secretary. Revised policy is needed to remove inconsistencies in current direction and provide guidance to the field in implementing the legislation for 122 ski areas scattered across the U.S. Since this policy has been enacted over 16 months ago, the FS has been receiving calls and letters from special interest groups (i.e., National Ski Area Association and Aquatic Development Group) wanting the directives to be updated. Proposed Action: Revise FSM 2340, Privately Provided Recreation Opportunities to incorporate a section providing guidance on summer uses and facilities at ski areas. Specifics: Remove language at FSM 2343.11 suggesting that only those facilities that support Nordic or alpine skiing may be approved. Add section, "FSM 2343.2 titled Year-Round Recreation. In this section provide guidance detailing the considerations that should be used in determining location and types of facilities and uses that is appropriate under Public Law 112-46. Revise other sections of FSM 2340 to better address current policies. Make conforming changes in FSM 2700 and FSH 2709.14, if appropriate.
Agency: Department of Agriculture(USDA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 16 USC 497b PL 112-46 125 Stat 538

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Proposed Rule	10/02/2013	78 FR 60816
Proposed Rule Comment Period End	12/02/2013
Final Action	11/00/2014

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: LaRenda C King Assistant Director, Directives and Regulations Department of Agriculture Forest Service ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW., Washington, DC 20250-0003 Phone:202 205-6560 Email: larendacking@fs.fed.us