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USDA/FS RIN: 0596-AD44 Publication ID: Spring 2020 
Title: ●Communications Uses--Programmatic Administrative Fee 
Abstract:

Current Forest Service regulations at 36 CFR part 251, subpart B, govern the processing of special use applications and issuance of special use authorizations for uses of National Forest System (NFS) lands, including communications uses. Forest Service Handbook (FSH) 2709.11, chapter 90, provides direction for communications uses and Chapter 30, provides direction for fee administration. These regulations and directives need to be updated consistent with newly enacted statutes that establish requirements for charging a new programmatic administrative fee for communications use authorizations.

Consistent with section 8705 of the Farm Bill, the proposed rule would amend 36 CFR part 251, subpart B, to enable the agency to charge a new annual programmatic administrative fee for communications use authorizations to cover the costs of administering the Forest Service’s communications site program.  The proposed regulation would establish an annual programmatic administrative fee for communications use authorizations to cover the costs of administering the Forest Service’s communications site program.

 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 36 CFR 251   
Legal Authority: title VIII, subtitle G, sec. 8705 of the Agriculture Improvement Act of 2018    Div. D, title IV, sec. 416 of the Further Consolidated Appropriations Act 2020   
Legal Deadline:
Action Source Description Date
Final  Statutory    12/20/2019 

Overall Description of Deadline: Section 8705 of the Farm Bill directs the Forest Service to issue regulations within 1 year of its enactment on December 20, 2018. Implementation of section 8705 was delayed due to the need to obtain legislative authority to spend, not just collect and retain, the programmatic administrative fees.

Timetable:
Action Date FR Cite
NPRM  09/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Edwina Howard-Agu
Regulatory Analyst
Department of Agriculture
Forest Service
1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-1419
Email: ehowardagu@fs.fed.us