[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76671-76676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24569]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 261

RIN 0596-AD52


Prohibitions in Region 8, Southern Region

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: The Chattooga Wild and Scenic River is located in the 
Nantahala National Forest in North Carolina, the Sumter National Forest 
in South Carolina, and the Chattahoochee National Forest in Georgia. 
Forest Service regulations generally prohibit floating activities on 
the Chattooga Wild and Scenic River unless authorized by a permit. On 
January 31, 2012, the U.S. Department of Agriculture (USDA), Forest 
Service issued decisions to change some of the locations where, and

[[Page 76672]]

conditions under which, boating would be allowed. The 2012 decision 
included segments of the Chattooga Wild and Scenic River in North 
Carolina, which was not included in the original rule. Consequently, 
the Forest Service is amending the regulations to reflect the new 
management direction more accurately for the Chattooga Wild and Scenic 
River.

DATES: This rule is effective December 7, 2023.

ADDRESSES: The rulemaking record for this final rule contains all the 
documents pertinent to this rulemaking. These documents are available 
for inspection and copying at the office of the Director, Wilderness 
and Wild and Scenic Rivers, USDA, Forest Service, 4th Floor Central, 
Sidney R. Yates Federal Building, 1400 Independence Avenue SW, 
Washington, DC, from 8:30 a.m. to 4 p.m., Monday through Friday, except 
holidays. Those wishing to inspect or copy these documents are 
encouraged to call Stephen Chesterton, Wild and Scenic Rivers Program 
Manager at 202-205-1398 beforehand to facilitate access to the 
building.

FOR FURTHER INFORMATION CONTACT: John Campbell, Regional Wilderness and 
Wild & Scenic River Program Manager, Southern Region, 404-805-8110. 
Individuals who use telecommunication devices for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: 

Background and Purpose for the Amendment

    In 1974, Congress designated the 57-mile Chattooga River (and its 
15,432-acre corridor) as a component of the National Wild and Scenic 
River System. The uppermost portion of the Chattooga Wild and Scenic 
River is located in the Nantahala National Forest (NF) in North 
Carolina. The river then flows in a southerly, south-westerly direction 
to form the boundary between Georgia and South Carolina, and also the 
boundary between the Chattahoochee NF (in Georgia) and the Sumter NF 
(in South Carolina).
    In the initial 1976 river management plan for the Chattooga River, 
the U.S. Forest Service used zoning to manage the upper and lower 
segments of the river for different recreational opportunities. As part 
of the initial zoning effort, management direction prohibited floating 
on the upper segment above GA/SC Highway 28 (which includes a section 
of the river in the Sumter NF in South Carolina, a section of the river 
in the Chattahoochee NF in Georgia, and all of the sections of the 
river in the Nantahala NF in North Carolina).
    Under the authority of 36 CFR 261.70(a)(7), these prohibitions were 
codified at 36 CFR 261.77 (Federal Register, 43 FR 3706, January 27, 
1978). In general terms, 36 CFR 261.77 prohibits floating activities on 
the Chattooga Wild and Scenic River unless authorized by a permit. 
Consistent with the river management plan that is incorporated into the 
forest plans, the original terms and conditions of the permits issued 
pursuant to 36 CFR 261.77 allowed floating on the Chattooga Wild and 
Scenic River but only on that portion of the river located downstream 
of GA/SC Highway 28. Therefore, due to the combination of 36 CFR 261.77 
and the terms of the self-registration permit issued pursuant to that 
regulation, floating was only allowed on that section of the river 
downstream of GA/SC Highway 28 and prohibited upstream from that 
location. However, in 2012 that management direction changed, allowing 
for an increase in boating opportunities upstream of GA/SC Highway 28. 
To be consistent with this new management direction, this final rule 
amends 36 CFR 261.77.
    On January 31, 2012, the Chattahoochee-Oconee, Nantahala and Sumter 
National Forests issued Decision Notices that amended their forest 
plans to incorporate new management direction for the Chattooga Wild 
and Scenic River. These changes were based upon an Environmental 
Assessment titled ``Managing Recreation Uses in the Upper Segment of 
the Chattooga Wild and Scenic River Corridor.'' Generally, these new 
decisions allow floating along certain segments of the Chattooga Wild 
and Scenic River above GA/SC Highway 28, contingent upon certain 
restrictions.
    In the previous regulations at 36 CFR 261.77, the sections of the 
river that lie within the Nantahala NF in North Carolina were not 
addressed. This area instead has been regulated by Forest Supervisor's 
closure order pursuant to subpart B of 36 CFR part 261. To be 
consistent with the new management direction, this final rule amends 36 
CFR 261.77 to include those sections of the river that lie within the 
Nantahala NF.
    The original regulations at 36 CFR 261.77(d) and (e) also only 
addressed the portion of the river within the boundaries of the 
Chattahoochee National Forest. This final rule changes this to be 
applicable to ``any portion or segment of the Chattooga River within 
National Forest System land.'' Through the public comment period, it 
was pointed out the original regulation made a distinction between 
States because the 1971 Wild and Scenic River Report for the Chattooga 
River identified that the State of South Carolina has title to the 
riverbed and water from the mean high-water mark to the middle of the 
river. However, it has been firmly established in law and by the courts 
that the Secretary of Agriculture has the authority to regulate the 
public use of waters within the boundaries of a Wild and Scenic River.
    Another change in the proposed rule involved an effort to use more 
accurate and consistent terminology by replacing the term ``special use 
permit'' with ``special use authorization.'' This however, created a 
certain amount of confusion with the public. In an effort to reduce the 
uncertainty as to how to interpret the use of the term ``special use 
authorization,'' this final rule maintains the original term of 
``special use permit'' and clarifies that the other type of permit 
authorizing use is a ``self-registration floating permit.''
    Lastly, to better serve the public, this final rule amends 36 CFR 
261.77 by eliminating references to specific locations where self-
registration permits are made available to the public. Instead, the 
Forest Service will use other means to inform the public of the variety 
of places where it can go to obtain permits to float the Chattooga Wild 
and Scenic River.

Public Comments on the Proposed Rule and Responses

Overview

    On January 19, 2016, the Forest Service published a proposed rule 
in the Federal Register (Vol. 81, No. 11, pages 2788-2791) seeking 
public comment in amending regulations at 36 CFR 261.77 related to 
prohibitions in Region 8, Southern Region. The proposed rule was posted 
electronically on the Federal Register website at https://www.federalregister.gov and on the local agency's website at https://www.fs.usda.gov/scnfs. The proposed rule would prohibit floating 
activities on the Chattooga Wild and Scenic River (WSR) unless 
authorized by permit.
    During the 60-day comment period, which ended on March 21, 2016, 
the Forest Service received 13 letters or electronic messages in 
response to the proposed rule, resulting in a total of 594 comments. Of 
the 13 letter/email responses, 9 came from individuals, 1 from a State 
Government agency, 1 from an environmental organization, 1 from a 
whitewater organization, and 1 from a homeowners association. Copies of 
the letters/emails received can be seen on

[[Page 76673]]

the website for the Francis Marion and Sumter National Forests website 
at https://www.fs.usda.gov/scnfs. A complete report of all the comments 
received and their responses are available by contacting the Forest 
Service (see ADDRESSES and FOR FURTHER INFORMATION CONTACT).

General Comments

    Comment. Some of the comments from respondents focused on whether 
the Forest Service should allow boating in the upper segment of the 
Chattooga Wild and Scenic River (Chattooga WSR). Some respondents 
stated that they are against boating under any circumstances in the 
Chattooga WSR, specifically in the Grimshawes area to Bull Pen Bridge.
    Response. Forest Plan Amendments signed in 2012 for the Nantahala, 
Chattahoochee-Oconee and Sumter National Forests permit boating under 
certain conditions in the upper segment of the Chattooga WSR from the 
confluence of Green Creek and the Chattooga WSR in North Carolina to a 
spot where boaters are required to take their boats out of the water 
near the confluence of Lick Log Creek and the Chattooga WSR in South 
Carolina. Boating is permitted from December 1st to April 30th during 
daylight hours (starting 30 minutes before sunrise and 30 minutes after 
sunset) when flows are 350 cubic feet per second or greater at the USGS 
water gage at Burrells Ford. The final rule is consistent with this 
management direction.
    Comment. One respondent was concerned with safety and the remote 
access for search and rescue teams to do their jobs.
    Response. The Forest Service analyzed this concern in the 2012 
environmental assessment, ``Managing Recreation Uses in the Upper 
Segment of the Chattooga Wild and Scenic River Corridor'' (2012 EA) 
associated with the Forest Plan Amendments for the Nantahala, 
Chattahoochee-Oconee and Sumter National Forests. The 2012 EA 
disclosed, based on likely use levels and information from other rivers 
of similar difficulty, accidents, injuries, and fatalities would likely 
be low and few would require search and rescue responses.
    Comment. Some respondents requested that a new section be added to 
the final rule that references the 2012 EA and Decision Notices to 
ensure that there is no change to restrictions and to the scope of the 
decisions with the issuance of the final rule.
    Response. Additional rule language is not needed. The final rule is 
consistent with the Forest Plan Amendments signed in 2012 for the 
Nantahala, Chattahoochee-Oconee and Sumter National Forests. The 
purpose of this regulation is not to specify the terms of any permit 
but rather to establish the framework that boating on the Chattooga 
River is prohibited except where authorized under permit. It is then up 
to site-specific decisions, which will be made following the National 
Environmental Policy Act (NEPA) procedures and involving the public, to 
determine the actual terms of any permit that allows boating. The 
Regulatory Certifications, Environmental Impact section, clearly 
provides reference to the 2012 EA and the signed Decisions Notices that 
incorporate plan amendments. The forest plan amendments provide 
sufficient management direction for the three national forests.
    Comment. One respondent supported boating in the upper Chattooga 
without a permit.
    Response. Forest Plan Amendments signed in 2012 for the Nantahala, 
Chattahoochee-Oconee and Sumter National Forests require individual 
boaters to fill out a self-registration floating permit.
    Comment. Some respondents stated that the proposed rule revisions 
are inconsistent with the 2012 EA and Decision Notices and would 
invalidate court rulings that upheld Forest Service management of the 
Chattooga WSR. Further, the respondents contend that the proposed rule 
circumvents the agency decision-making process and judicial oversight 
under the Administrative Procedures Act (APA).
    Response. The final rule is consistent with the 2012 EA and 
Decision Notices and amendments to the Nantahala, Chattahoochee-Oconee 
and Sumter National Forests. The Forest Service has received favorable 
court rulings in the following court cases relative to the 2012 EA: 
Civil Action No.: 8:09-2665-MGL, Amended Order and Opinion; 7/30/2013 
US Court of Appeals for the Fourth Circuit, No. 13-1960, 11/05/2014; 
and Civil Action No.: 8:12-CV-3455-BHH, Opinion and Order. The US 
District Court, District of South Carolina, Greenville Division found 
``. . . that the Forest Service's 2012 Plan for Management of the 
Chattooga WSR complies with the federal law analyzed . . .''. In 2016 
the Nantahala, Chattahoochee-Oconee and Sumter National Forests signed 
site-specific decisions for specific boater put-in and take-out 
locations on the Chattooga WSR. This is consistent with the forest plan 
amendments signed in 2012. Some of these access sites were constructed 
in 2016. In addition, biophysical monitoring relative to recreation 
impacts has been completed and specific monitoring as specified in the 
2012 plan amendments began in 2015. There has been and continues to be 
considerable public interest in Forest Service management activities on 
the Chattooga WSR. The Forest Service is required to comply with NEPA, 
the APA and other Federal laws during revisions or amendments to land 
management plans and during planning of site-specific projects.
    Comment. Some respondents believe that the Forest Service should 
have considered all the actions and decisions as connected actions that 
should have been considered in a single review process.
    Response. All management actions and decisions have been informed 
by the Environmental Assessment (EA), ``Managing Recreation Uses in the 
Upper Segment of the Chattooga Wild and Scenic River Corridor.'' The 
Regulatory Certifications, Environmental Impact section, in the final 
rule clearly provides reference to the 2012 EA and Decisions Notices 
that incorporate plan amendments into the Nantahala, Chattahoochee-
Oconee and Sumter forest plans. The final rule is consistent with 
current management on the three national forests.
    Comment. Some respondents contend that the proposed rule changes 
would allow floating through private property unless explicitly 
restricted; and that the proposed rule asserts the 2012 Decisions allow 
floating unless explicitly restricted.
    Response. The final rule prohibits boating on the Chattooga WSR on 
National Forest System land abutting the river unless authorized by 
permit. All trails and access points to the Chattooga WSR are located 
on the Nantahala, Chattahoochee-Oconee and Sumter National Forests. All 
permitted boating activity occurs down-river from private land. 
Floating activities authorized by permit will take place entirely 
through National Forest System land abutting the Chattooga River. 
Existing trailhead locations enable recreationist to get to the 
Chattooga WSR using Forest Service trails and access points. Any 
changes to the existing terms of the permit would need to be approved 
through a separate NEPA analysis that would involve the public.
    Comment. The proposed rule contradicts the Courts understanding of 
the 2012 Plan by allowing floating use of the Chattooga River unless 
explicitly restricted.
    Response. The final rule is intended to update prohibitions in 
Region 8, Southern Region, to now be consistent with the Decision 
Notices (one for each

[[Page 76674]]

National Forest) signed on January 31, 2012, which were based upon an 
Environmental Assessment (EA) titled ``Managing Recreation uses in the 
Upper Segment of the Chattooga Wild and Scenic River Corridor.'' The 
final rule prohibits boating on the Chattooga WSR on National Forest 
System land abutting the river unless authorized by permit. The final 
rule does not ``allow floating use of the Chattooga River unless 
explicitly restricted'' as the commenter alleges--rather it says the 
opposite. The final rule establishes that boating on the Chattooga 
River is prohibited unless explicitly allowed under the terms of a 
permit.
    Comment. The proposed CFR revision expands Forest Service 
discretion to issue special use authorizations without limitations.
    Response. The self-registration floating permit for private boating 
has been in use for many decades on the lower segment of the Chattooga 
WSR. An amended version of this permit that includes the conditions for 
boating in the upper segment (above GA/SC Highway 28) has been in use 
since 2012.
    Based on public comments received during the comment period on the 
proposed rule, the final rule will replace the word ``permit'' with the 
term ``self-registration floating permit'' when referring to private 
boaters wishing to boat on the Chattooga River. The conditions for 
boating are listed on the back of the self-registration floating permit 
and are consistent with forest plan direction for the Nantahala, 
Chattahoochee-Oconee and Sumter National Forests.
    While the proposed rule included the term ``special use 
authorization,'' which from 36 CFR 251.50, is the more appropriate term 
to use, the term ``special use authorization'' is also a broader term 
that includes other types of ``authorizations.'' This has led to some 
confusion and consequently, the final rule will replace the term 
``special use authorization'' with the original term ``special use 
permit'' when referring to commercial boating that is authorized on the 
lower segment of the Chattooga WSR. Commercial boating on the upper 
segment of the Chattooga WSR (above GA/SC Highway 28) is currently 
prohibited under the terms of the previous decisions. Any changes to 
the terms of these permits can only be made following the NEPA 
procedures and involving the public.
    Comment. Some respondents stated that the proposed rule is 
inconsistent with the 2012 Decision Notices and the existing 36 CFR 
261.77 language by specifying that the prohibitions are applicable to 
``National Forest System land'' instead of ``any area of the . . . 
National Forest abutting the Chattooga River''.
    Response. The term ``National Forest'' can be interpreted to 
include private lands within a proclaimed National Forest. However, the 
intent of this rule is not to regulate activities on privately-owned 
lands. Therefore, it was determined that the applicable term to use in 
these regulations is ``National Forest System land''.
    Comment. Some respondents contend that the original CFR (261.77(d)) 
included a copy of a Chattooga-specific floater permit that listed the 
conditions of the permit. The proposed rule revision provides no permit 
conditions whatsoever. This leaves the proposed rule ``undefined'' and 
``limitless.'' Without listing the conditions of the floater permit, it 
is impossible to know if the CFR revisions are consistent with the 2012 
Decisions and forest plan amendments.
    Response. The Forest Service intends to issue a revised self-
registration floating permit that is consistent with current management 
of the river as stated in the 2012 Decisions and plan amendments for 
the Nantahala, Chattahoochee-Oconee, and Sumter National Forests. The 
permit will list the conditions for private boating on the upper 
segment of the Chattooga River WSR on the back of the self-registration 
floating permit. The purpose of this regulation is not to specify the 
terms of any permit but rather to establish the framework that boating 
on the Chattooga River is prohibited except where authorized under 
permit. It is then up to site-specific decisions, which will be made 
following the NEPA procedures and involving the public, to determine 
the actual terms of any permit that allows boating.
    Comment. Some respondents maintain that the locations for obtaining 
a permit should be listed like they were in the original CFR 
(261.77(d)) as they have served a purpose of providing egress points to 
discrete locations on the River. The rule should include the new 
locations of where boaters can obtain a permit as this would direct 
boaters to the approved locations to initiate their trip.
    Response. The Department expanded the number of kiosk locations for 
obtaining information and self-registration floating permits after the 
2012 Decisions were signed. The new kiosk locations are adjacent to 
trailheads close to the locations where boating is permitted for public 
convenience. It is not necessary to define those in the final rule and 
information on where and how to get permits along with boating 
requirements can be shared in a number of venues (Forest Service 
websites for example).
    Comment. The text of the proposed rule does not explicitly detail 
any of the twelve boating restrictions enumerated in the 2012 Decision 
Notices.
    Response. The final rule only addresses floating prohibitions on 
the Chattooga WSR. The self-registration floating permit lists the 
conditions for boating which are consistent with the 2012 Decision 
Notices and forest plan amendments for the Nantahala, Chattahoochee-
Oconee, and Sumter National Forests. This allows flexibility in future 
management as forest plans are revised or amended and new site-specific 
decisions are made following NEPA procedures. The purpose of this 
regulation is not to specify the terms of any permit but rather to 
establish the framework that boating on the Chattooga River is 
prohibited except where authorized under permit. It is then up to site-
specific decisions, which will be made following the NEPA procedures 
and involving the public, to determine the actual terms of any permit 
that allows boating.
    Comment. One respondent asked that the final rule clarify that 
closure orders may still be used to restrict or even prohibit boating 
to prevent degradation of the Chattooga's Outstandingly Remarkable 
Values (ORVs).
    Response. The final rule does not limit Forest Service authority to 
issue closure orders as needed.
    Comment. One respondent contends that by not stipulating where 
permits may be obtained, that eventually permit kiosks will be removed 
entirely. Without permit boxes being present at trailheads, an 
impression will invariably develop that no permits are required.
    Response. The wording in the final rule is clear, that boating on 
the Chattooga WSR is prohibited without a permit and the permit 
specifies the conditions for floating the river. Self-registration 
stations are not being eliminated but have increased with stations 
being located at key trailheads that provide access to the upper 
segment of the River where boating takes place. The Forest Service has 
maintained self-registration stations on the lower segment of the 
Chattooga WSR since designation and has even added three additional 
stations on the lower segment over the years. Along with the permit 
itself, the self-registration stations provide information on rules and 
regulations.

[[Page 76675]]

Comments on Regulatory Certifications in the Proposed Rule

Environmental Impact

    Comment. One respondent contends that the proposed rule can only be 
applied to that portion of the Chattooga WSR within the geographic 
scope of the Environmental Assessment (EA), ``Managing Recreation Uses 
in the Upper Segment of the Chattooga Wild and Scenic River Corridor'' 
to which it tiers.
    Response. The 1976 and 1985 forest management plans prohibited 
boating above GA/SC Highway 28. The 2012 forest plan amendments for the 
Nantahala, Chattahoochee-Oconee, and Sumter National Forests permitted 
boating under certain conditions on National Forest System land 
abutting the Chattooga River. These amendments did not change the 
status quo on any prohibition that already exists on National Forest 
System land above the confluence of the Chattooga River and Green Creek 
all the way to the upper limit of the Chattooga WSR Corridor. The 2012 
Decisions simply made conditional exceptions to the long-standing 
prohibition on floating above GA/SC Highway 28 on National Forest 
System land abutting the Chattooga WSR. This was reiterated in the July 
30, 2013, Amended Order and Opinion from Judge Mary G. Lewis in Civil 
Action No.: 8:09_2665-MGL, page 4.

No Takings Implications

    Comment. Some respondents maintain that a taking analysis was not 
completed for the proposed rule as required by Executive Order 12630. 
In addition, the respondents want language added to the final rule that 
floating is prohibited above the confluence of Green Creek, a section 
of the River that contains private property.
    Response. The final rule does not pose a risk of taking private 
property. The potential impacts to private lands were evaluated in the 
Environmental Assessment (EA), ``Managing Recreation Uses in the Upper 
Segment of the Chattooga Wild and Scenic River Corridor.'' The portions 
of the River that are permitted for boating are located on National 
Forest System land and do not include private property or public use of 
private land. Any changes to what might be allowed under permit can 
only be made following the NEPA procedures and involving the public.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    Comment. Some respondents stated that some segments of the 
Chattooga River are owned by the State and are therefore beyond the 
scope of Forest Service statutory authority.
    Response. The final rule recognizes that the Secretary of 
Agriculture has the authority to regulate the public use of waters 
within the boundaries of a Wild and Scenic River. (See 16 U.S.C. 551, 
36 CFR 261.1(a)(4), 36 CFR 261.58(z), and Forest Service Manual 
2354.01.) The Forest Service's authority to manage recreational uses, 
including the regulation of floating, in the Chattooga Wild and Scenic 
River corridor was also challenged in American Whitewater, et al. v. 
Tidwell, et al. The U.S. District Court for the District of South 
Carolina upheld the decision of the Forest Service. The decision of the 
court was subsequently affirmed by the 4th Circuit Court of Appeals.

Regulatory Certifications for the Final Rule

Environmental Impact

    The final rule amends an existing regulation to make it consistent 
with a USDA, Forest Service decision on the management of the Chattooga 
Wild and Scenic River, which lies within the Chattahoochee, Nantahala 
and Sumter National Forests. The Decision Notices (one for each 
National Forest) were signed on January 31, 2012, which were based upon 
an Environmental Assessment (EA) titled ``Managing Recreation Uses in 
the Upper Segment of the Chattooga Wild and Scenic River Corridor.'' 
The social and environmental effects of this decision are documented in 
this EA. The final rule amendment is to update the Forest Service 
regulations to be consistent with this new management decision.

Regulatory Impact

    This final rule has been reviewed under USDA procedures and 
Executive Order 12866 on regulatory planning and review. It has been 
determined that this is not a significant rule. This rule will not have 
an annual effect of $100 million or more on the economy, nor will it 
adversely affect productivity, competition, jobs, the environment, 
public health and safety, or State or local governments. This rule will 
not interfere with an action taken or planned by another agency, nor 
will it raise new legal or policy issues. Finally, this rule will not 
alter the budgetary impact of entitlement, grant, user fee, or loan 
programs or the rights and obligations of beneficiaries of such 
programs. Accordingly, this rule is not subject to Office of Management 
and Budget (OMB) review under Executive Order 12866.

Regulatory Flexibility Act

    This final rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 602 et seq.). The rule makes minor, technical 
changes to the Forest Service's regulations. This rule will not have a 
significant economic impact on a substantial number of small entities 
as defined by the act because the rule will not impose recordkeeping 
requirements on them; it will not affect their competitive position in 
relation to large entities; and it will not affect their cash flow, 
liquidity, or ability to remain in the market.

No Takings Implications

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12630. It has been determined 
that the rule will not pose the risk of a taking of private property.

Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988 on 
civil justice reform. After adoption of this rule, (1) all State and 
local laws and regulations that conflict with this rule or that impede 
its full implementation will be preempted; (2) no retroactive effect 
will be given to this rule; and (3) it will not require administrative 
proceedings before parties may file suit in court challenging its 
provisions.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Department has considered this final rule under the 
requirements of Executive Order 13132 on federalism, and has determined 
that the rule conforms with the federalism principles set out in this 
Executive order; will not impose any compliance costs on the States; 
and will not have substantial direct effects on the States, the 
relationship between the Federal Government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the Department has determined that no further 
assessment of federalism implications is necessary.
    Moreover, this final rule does not have Tribal implications as 
defined by Executive Order 13175, Consultation and Coordination with 
Indian Tribal Governments. The Department recognized that one or more 
Indian Tribes may have direct interest in the management of Chattooga 
Wild & Scenic River. These Indian Tribes were consulted during the 
public comment period and no concerns with the proposed rule were 
expressed.

[[Page 76676]]

Energy Effects

    This final rule has been reviewed under Executive Order 13211 of 
May 18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. It has been determined that this 
rule does not constitute a significant energy action as defined in the 
Executive order.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the Department has assessed the effects of this final rule on 
State, local, and Tribal Governments and the private sector. This rule 
will not compel the expenditure of $100 million or more by any State, 
local, or Tribal Government or anyone in the private sector. Therefore, 
a statement under section 202 of the act is not required.

Controlling Paperwork Burdens on the Public

    This final rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

List of Subjects in 36 CFR Part 261

    Law enforcement, National forests, Prohibitions.
    Therefore, for the reasons set out in the preamble, part 261 of 
title 36 of the Code of Federal Regulations is amended as follows:

PART 261-PROHIBITIONS

0
1. The authority citation for part 261 continues to read as follows:

    Authority:  7 U.S.C. 1011(f); 16 U.S.C. 460l-6d, 472, 551, 
620(f), 1133(c)-(d)(1), 1246(i).

Subpart C-Prohibitions in Regions

0
2. Revise Sec.  261.77 to read as follows:


Sec.  261.77  Prohibitions in Region 8, Southern Region.

    (a) Using or occupying any area of National Forest System land 
abutting the Chattooga River for the purpose of entering or going upon 
the River in, on, or upon any floatable object or craft of every kind 
or description, unless authorized through a self-registration floating 
permit or through a special use permit. (The Chattooga River is located 
in the Nantahala National Forest in North Carolina, the Sumter National 
Forest in South Carolina, and the Chattahoochee National Forest in 
Georgia.)
    (b) Using or occupying within the scope of any commercial operation 
or business any area of National Forest System land abutting the 
Chattooga River for the purpose of entering or going upon the River in, 
on, or upon any floatable object or craft of every kind or description, 
unless authorized under a special use permit.
    (c) Violating or failing to comply with any of the terms or 
conditions of any self-registration floating permit or special use 
permit authorizing the occupancy and use specified in paragraph (a) or 
(b) of this section is prohibited.
    (d) Entering, going, riding, or floating upon any portion or 
segment of the Chattooga River within National Forest System land in, 
on, or upon any floatable object or craft of every kind or description, 
unless authorized through a self-registration floating permit or 
through a special use permit.
    (e) Entering, going, riding, or floating within the scope of any 
commercial operation or business upon any portion or segment of the 
Chattooga River within National Forest System land in, on, or upon any 
floatable object or craft of every kind or description, unless 
authorized under a special use permit.
    (f) Violating or failing to comply with any of the terms or 
conditions of any self-registration floating permit or special use 
permit authorizing the occupancy and use specified in paragraph (d) or 
(e) of this section is prohibited.

Andrea Delgado Fink,
Chief of Staff, Natural Resources and Environment.
[FR Doc. 2023-24569 Filed 11-6-23; 8:45 am]
BILLING CODE 3411-15-P