84704 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 

* * * * * 

Dated: November 29, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–26545 Filed 12–5–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Parts 212, 214, and 251 

RIN 0596–AD54 

Travel Management; Administration of 

the Forest Transportation System; 

Postdecisional Administrative Review 

Process for Occupancy or Use of 

National Forest System Lands and 

Resources; Land Uses; Special Uses 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: The United States Department 

of Agriculture, Forest Service (Forest 

Service or Agency) is making purely 

technical, clarifying revisions to its 

existing regulations governing 

administration of the forest 

transportation system, administrative 

appeal of certain written decisions 

pertaining to written authorizations for 

occupancy or use of National Forest 

System (NFS) lands and resources, and 

issuance and administration of special 

use authorizations for use and 

occupancy of NFS lands. The purely 

technical, clarifying revisions update 

citations and enhance consistency of the 

existing regulations with governing 

statutes. 

DATES: This rule is effective December 6, 

2023. 

ADDRESSES: Information on this final 

rule may be obtained via written request 

addressed to the Director, Lands, 

Minerals, and Geology Management, 

USDA Forest Service, 201 14th Street 

NW, Washington, DC 20250–1124 or by 

email to SM.FS.WO_LandStaff@

usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mark Chandler, Realty Specialist, (202) 

205–1117 or mark.chandler@usda.gov. 

Individuals who use telecommunication 

devices for the hearing impaired may 

call the Federal Relay Service at (800) 

877–8339 between 8:00 a.m. and 5:00 

p.m., Eastern Time, Monday through 

Friday. 

SUPPLEMENTARY INFORMATION: This final 

rule makes purely technical, clarifying 

revisions to the Agency’s existing 

regulations at 36 CFR 212.8, 214.4, 

251.50, 251.51, 251.53, 251.54, 251.55, 

251.57, 251.58, 251.59, 251.60, 251.64, 

and 251.124 governing administration of 

the forest transportation system, 

administrative appeal of certain written 

decisions pertaining to written 

authorizations for occupancy or use of 

NFS lands and resources, and issuance 

and administration of special use 

authorizations for use and occupancy of 

NFS lands. The purely technical, 

clarifying revisions update citations and 

enhance consistency of the existing 

regulations with governing statutes. 

These purely technical, clarifying 

revisions do not formulate standards, 

criteria, or guidelines applicable to 

Forest Service programs and therefore 

do not require public notice and 

opportunity to comment under section 

14(a) of the Forest and Rangeland 

Renewable Resources Planning Act of 

1974 (16 U.S.C. 1612(a)). 

36 CFR Part 212, Subpart A 

The Department is revising text in 

§ 212.8(d)(5)(i) to track revisions being 

made to § 251.60(a)(2)(i) and to provide 

that a formal adjudicatory hearing is 

required for revocation for nonuse of an 

easement issued under the National 

Forest Roads and Trails Act (FRTA). 

36 CFR Part 214 

The Department is revising 

§ 214.4(c)(1)(i) to provide that 

suspension or revocation of permits as 

well as easements issued under the 

Mineral Leasing Act (MLA) and 

revocation for nonuse of an easement 

issued under FRTA are not subject to 

administrative appeal under 36 CFR 

part 214. In contrast to the Federal Land 

Policy and Management Act (FLPMA) 

addressed in 36 CFR 251.53(l), the MLA 

addressed in 36 CFR 251.53(e) requires 

a formal adjudicatory proceeding for 

suspension or revocation of permits as 

well as easements (30 U.S.C. 

185(o)(1)(C)). Therefore, suspension or 

revocation of permits as well as 

easements issued under the MLA must 

be exempt from the informal 

administrative appeal process under 36 

CFR part 214. FRTA provides for a 

formal hearing for revocation of an 

easement for nonuse (16 U.S.C. 534). 

36 CFR Part 251, Subpart B 

§ 251.50 

The Department is removing 

paragraph (c)(3) of § 251.50, which 

requires a special use authorization for 

a noncommercial recreational activity if 

required by an order issued under 36 

CFR part 261, subpart B, or by a 

regulation issued under 36 CFR part 

261, subpart C. There is no basis for 

issuance of such an order under 36 CFR 

part 261, subpart B. Moreover, there is 

no need for issuance of such an order 

or regulation because the Forest Service 

has the authority to require a 

noncommercial special recreation 

permit under the Federal Lands 

Recreation Enhancement Act and its 

implementing directives in Forest 

Service Handbook (FSH) 2309.13, 

Chapter 30. 

§ 251.51 

The Department is revising the 

definitions for ‘‘outfitting’’ and 

‘‘guiding’’ by replacing the phrase 

‘‘pecuniary remuneration’’ with the 

word ‘‘monetary.’’ The revised language 

is more contemporary and easier to 

understand. 

§ 251.53 

The Department is revising § 251.53(a) 

by changing the phrase ‘‘group events’’ 

to ‘‘noncommercial group use’’ and 

deleting the phrase ‘‘and distribution of 

noncommercial printed materials’’ for 

authorizations issued under the Organic 

Administration Act (16 U.S.C. 551). The 

term of art per the definitions for special 

uses in 36 CFR 251.51 is 

‘‘noncommercial group use.’’ The 

distribution of noncommercial printed 

materials does not require a special use 

authorization under 36 CFR 251.50(c). 

The Department is adding paragraph 

(o) to § 251.53 to include the Forest 

Service’s authority under section 111 of 

the National Historic Preservation Act of 

1966 (54 U.S.C. 306121) to issue leases 

for Federally owned historic properties 

on NFS lands. 

§ 251.54 

The Department is revising 

§ 251.54(d) through (g) to use 

appropriate terminology when referring 

to a proponent or a proposal and to 

enhance clarity. 

The Department is revising 

§ 251.54(e)(1)(iv), which precludes 

consideration of proposals for a 

permanent use and occupancy of NFS 

lands, to add an exception for 

permanent easements issued under 

FRTA (16 U.S.C. 533). 

The Department is revising 

§ 251.54(f)(1)(i) regarding who may 

apply for an oil or gas pipeline right-ofway authorization for greater 

consistency with the MLA (30 U.S.C. 

181). 

The Department is revising 

§ 251.54(g)(3)(iii) to replace the citation 

to 36 CFR part 215 with a citation to 36 

CFR part 218. The postdecisional 

administrative appeal process in 36 CFR 

part 215 has been replaced with the 

predecisional objection process in 36 

CFR part 218. 


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§ 251.55 

The Department is revising the second 

sentence of § 251.55(a) to replace the 

word ‘‘sublet’’ with the word ‘‘lease.’’ 

The word ‘‘sublet’’ is appropriate only 

when the issued authorization is a lease. 

Many special use authorizations are not 

leases. The Department is making other 

minor clarifications to the wording of 

§ 251.55(a). 

§ 251.57 

The Department is changing the 

heading of § 251.57 from ‘‘Rental fees’’ 

to ‘‘Land use fees.’’ The term ‘‘rent’’ is 

associated with leases, and many 

special use authorizations are not leases. 

The Department is revising 

§ 251.57(a)(2), consistent with section 

504(g) of FLPMA (43 U.S.C. 1764(g)), to 

authorize the Forest Service to require 

either annual land use fee payments or 

annual land use fee payments covering 

more than one year, regardless of the 

amount of the land use fee. 

The Department is revising 

§ 251.57(a)(3) by replacing the language 

from and citation to the Cabin User Fee 

Fairness Act with language from and 

citation to the Cabin Fee Act. The Cabin 

Fee Act (16 U.S.C. 6214) has supplanted 

the Cabin User Fee Fairness Act (16 

U.S.C. 6201–6213) as the authority for 

land use fees for recreation residence 

permits. 

The Department is revising 

§ 251.57(b) governing land use fee 

waivers by adding text and removing 

the word ‘‘or’’ at the end of paragraphs 

(1) through (5) to clarify, consistent with 

Forest Service directives, that if a holder 

is ineligible for a land use fee waiver 

under one criterion, the holder is 

ineligible for a land use fee waiver 

under any of the other criteria. 

The Department is removing 

§ 251.57(i). Paragraph (i) of § 251.57 

addresses implementation of the Cabin 

User Fee Fairness Act, which has been 

superseded by the Cabin Fee Act of 

2014. 

§ 251.58 

The Department is revising 

§ 251.58(d)(1) by replacing the phrase 

‘‘scheduled inspections’’ with the 

phrase ‘‘routine on-site reviews’’ to 

distinguish between inspections, which 

are the holder’s responsibility, and 

monitoring, which is the Forest 

Service’s responsibility. 

The Department is revising 

§ 251.58(i)(1) by changing the first 

sentence from, ‘‘The Forest Service shall 

maintain schedules for processing and 

monitoring fees in its directive system 

(36 CFR 200.4),’’ to ‘‘The Forest Service 

shall maintain schedules for processing 

and monitoring fees on its website.’’ It 

is more efficient to update a website 

than a directive, and other Forest 

Service land use fee schedules such as 

the communications use rental fee 

schedule are maintained on the Forest 

Service’s website. 

§ 251.59 

The Department is clarifying § 251.59 

by revising the first sentence, ‘‘If the 

holder, through death, voluntary sale, 

transfer, or through enforcement of a 

valid legal proceeding or operation of 

law, ceases to be the owner of the 

authorized improvements, the 

authorization terminates upon change of 

ownership,’’ to read, ‘‘If the holder 

through death, voluntary sale, transfer, 

or enforcement of a valid legal 

proceeding or operation of law ceases to 

be the owner of the authorized 

improvements, the special use 

authorization terminates upon change of 

ownership and issuance of a new 

special use authorization to another 

party for the authorized use and 

occupancy.’’ This revision clarifies that 

the existing holder is responsible for the 

authorized use and occupancy until a 

new authorization is issued. In addition, 

the Department is revising § 251.59 to 

clarify that an application and new 

authorization are not necessary for 

leases and easements issued under the 

MLA, FRTA, or FLPMA and that 

assignments of leases and easements are 

subject to the terms of the applicable 

authorization. 

§ 251.60 

In § 251.60, the Department is revising 

paragraphs (a)(2)(i), (a)(2)(ii), and (c); 

removing paragraph (d); designating 

existing paragraphs (e) and (f) as 

paragraphs (d) and (e); revising existing 

paragraph (g) and redesignating it as 

paragraph (f); removing paragraph (h); 

and redesignating existing paragraph (i) 

as paragraph (g), as discussed below. 

The Department is revising paragraph 

(a)(2)(i) by removing the exception for 

permits and easements issued under the 

MLA and easements issued under 

FLPMA, adding an exception for 

authorizations issued under FRTA, and 

including separate bases for revocation 

and suspension for authorizations 

issued under FRTA. FLPMA and the 

MLA provide for revocation and 

suspension of land use authorizations 

issued under those statutes, but the 

current language in the regulations does 

not include any bases for revocation or 

suspension of authorizations issued 

under FLPMA or the MLA. FRTA 

provides for revocation only with the 

grantee’s consent, by condemnation, or 

after a 5-year period of nonuse (16 

U.S.C. 534). 

The Department is revising paragraph 

(a)(2)(ii) to provide that suspension or 

revocation of permits as well as 

easements issued under the MLA and 

revocation for nonuse of easements 

issued under FRTA are not subject to 

appeal under 36 CFR part 214. In 

contrast to FLPMA, the MLA requires a 

formal adjudicatory proceeding for 

suspension or revocation of permits as 

well as easements. Therefore, 

suspension or revocation of permits as 

well as easements issued under the 

MLA must be exempt from the informal 

administrative appeal process under 36 

CFR part 214. FRTA provides for a 

formal hearing for revocation of an 

easement for nonuse (16 U.S.C. 534). 

The Department is revising § 251.60(c) 

by removing references to limiting and 

terminating a right-of-way authorization 

issued to a Federal entity. The reference 

to limiting a right-of-way is redundant, 

and the reference to terminating a rightof-way is incorrect. Termination of an 

authorization occurs by operation of law 

or by operation of a fixed or agreedupon condition, event, or time as 

specified in an authorization, without 

any action of the authorized officer (36 

CFR 251.51). The correct term is 

revocation, which occurs by action of 

the authorized officer (36 CFR 251.51). 

The Department is also revising 

§ 251.60(c) to state that a special use 

authorization issued to a Federal agency 

under 36 CFR 251.53(l) may be 

suspended or revoked only with the 

concurrence of the head of that Federal 

agency. Only authorizations issued to a 

Federal agency under FLPMA are 

subject to this restriction (43 U.S.C. 

1767(b)). By statute, the consent must be 

from the agency head. The Department 

is also removing the word ‘‘termination’’ 

because it is defined in the special use 

regulations to mean an action that 

occurs by operation of law or by 

operation of a fixed or agreed-upon 

condition, event, or time as specified an 

authorization, without any action of the 

authorized officer. 

The Department is removing 

§ 251.60(d), which provides for notice to 

and consultation with a Federal agency 

before suspending or revoking a special 

use authorization issued to that agency, 

as this provision is unnecessary. 

Preceding § 251.60(c) provides that an 

authorization issued to a Federal entity 

under FLPMA may be suspended or 

revoked only with the Federal holder’s 

consent. A Federal holder would not 

consent to suspension or revocation of 

an authorization issued under FLPMA 

without notice and consultation. 


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84706 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 

The Department is revising and 

redesignating existing § 251.60(g) as 

§ 251.60(f) to clarify the requirements 

for a formal adjudicatory proceeding for 

revocation or suspension of an 

authorization consistent with FLPMA 

(43 U.S.C. 1766) and the MLA (30 U.S.C. 

185(o)(1)) and to require a formal 

adjudicatory proceeding for revocation 

for nonuse of an easement issued under 

FRTA (16 U.S.C. 534). The language in 

existing § 251.60(g) is not entirely 

consistent with FLPMA and the MLA. 

FRTA provides for a formal hearing for 

revocation for nonuse of an easement 

upon request within 60 days of receipt 

of notice (16 U.S.C. 534). 

The Department is removing existing 

§ 251.60(h) in its entirety and including 

its contents in § 251.60(a)(2)(i). The 

Department is redesignating existing 

§ 251.60(i) as § 251.60(g). 

§ 251.64 

The Department is revising the title 

and text of § 251.64 to track statutes 

governing issuance of special use 

authorizations and special use 

authorization forms approved by the 

Office of Management and Budget, 

which provide for reauthorization of the 

use and occupancy, not renewal of the 

authorization, and which require 

reauthorization of the use and 

occupancy, subject to conditions, only 

for authorizations issued under the 

MLA (43 U.S.C. 185(n)) and priority use 

outfitting and guiding permits (FSH 

2709.14, Ch. 50, sec. 53.1m, para. 4). 

Only permits and easements issued 

under these authorities require 

reauthorization of the use and 

occupancy, subject to specified 

conditions. Reauthorization of any other 

type of use and occupancy is at the sole 

discretion of the authorized officer. 

36 CFR Part 251, Subpart E 

§ 251.124 

The Department is updating the 

citation in the second sentence of 

§ 251.124(b) by replacing ‘‘Forest 

Service Handbook 2709.11, chapter 40,’’ 

with ‘‘Forest Service Handbook 2709.14, 

Chapter 50.’’ 

Regulatory Certifications 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Consistent with Executive Order 

(E.O.) 12866, the Office of Information 

and Regulatory Affairs (OIRA) in the 

Office of Management and Budget will 

determine whether proposed, interim, 

and final rules that impose, eliminate, 

or modify requirements on non-Forest 

Service parties are significant and will 

review any proposed, interim, or final 

rules that OIRA has designated as 

significant. This final rule does not 

impose, eliminate, or modify 

requirements on non-Forest Service 

parties and therefore does not require a 

significance determination by OIRA. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

Department has developed this final 

rule consistent with E.O. 13563. 

Congressional Review Act 

Since this final rule does not impose, 

eliminate, or modify requirements on 

non-Forest Service parties, it is not a 

major rule as defined by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act, 5 U.S.C. 

804(2)). 

National Environmental Policy Act 

This final rule will make only 

technical, clarifying revisions to existing 

Forest Service regulations at 36 CFR 

part 212, subpart A, part 214, and part 

251, subparts B and E. Forest Service 

regulations at 36 CFR 220.6(d)(2) (73 FR 

43093) exclude from documentation in 

an environmental assessment or 

environmental impact statement ‘‘rules, 

regulations, or policies to establish 

service-wide administrative procedures, 

program processes, or instructions.’’ The 

Department has concluded that this 

final rule falls within this category of 

actions and that no extraordinary 

circumstances exist which would 

require preparation of an environmental 

assessment or environmental impact 

statement. 

Regulatory Flexibility Act Analysis 

The Department has considered this 

final rule under the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 602 

et seq.). This final rule will not have any 

direct effect on small entities as defined 

by the Regulatory Flexibility Act. The 

final rule will not impose recordkeeping 

requirements on small entities; will not 

affect their competitive position in 

relation to large entities; and will not 

affect their cash flow, liquidity, or 

ability to remain in the market. 

Therefore, the Department has 

determined that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

pursuant to the Regulatory Flexibility 

Act. 

Federalism 

The Department has considered this 

final rule under the requirements of E.O. 

13132, Federalism. The Department has 

determined that the final rule conforms 

with the federalism principles set out in 

this E.O.; will not impose any 

compliance costs on the states; and will 

not have substantial direct effects on the 

states, on the relationship between the 

Federal Government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Department has concluded that the final 

rule does not have federalism 

implications. 

Consultation With Tribal Governments 

The Department has reviewed this 

final rule in accordance with the 

requirements of E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments. The 

Department has determined that 

national Tribal consultation is not 

necessary for the final rule. The final 

rule, which will make only technical, 

clarifying revisions to existing Forest 

Service regulations in 36 CFR part 212, 

subpart A, part 214, and part 251, 

subparts B and E, does not impose, 

eliminate, or modify requirements on 

non-Forest Service parties and therefore 

does not have any direct effects on 

Tribes. 

Environmental Justice 

The Department has considered the 

final rule under the requirements of E.O. 

12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations. The final rule, which will 

make only technical, clarifying revisions 

to existing Forest Service regulations in 

36 CFR part 212, subpart A, part 214, 

and part 251, subparts B and E, does not 

impose, eliminate, or modify 

requirements on non-Forest Service 

parties and therefore will not result in 

disproportionately high and adverse 

impacts on minority or low-income 

populations or the exclusion of minority 

and low-income populations from 

meaningful involvement in decision 

making. 

No Takings Implications 

The Department has analyzed the 

final rule in accordance with the 

principles and criteria in E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. The Department has determined 

that the final rule will not pose the risk 

of a taking of private property. 


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Energy Effects 

The Department has reviewed the 

final rule under E.O. 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Department 

has determined that the final rule will 

not constitute a significant energy action 

as defined in E.O. 13211, and OIRA has 

not otherwise designated the final rule 

as a significant energy action. 

Civil Justice Reform 

The Department has analyzed the 

final rule in accordance with the 

principles and criteria in E.O. 12988, 

Civil Justice Reform. Upon issuance of 

the final rule, (1) all state and local laws 

and regulations that conflict with the 

final rule or that impede its full 

implementation will be preempted, (2) 

no retroactive effect will be given to this 

final rule, and (3) it will not require 

administrative proceedings before 

parties may file suit in court challenging 

its provisions. 

Unfunded Mandates 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), signed into law on March 

22, 1995, the Department has assessed 

the effects of the final rule on state, 

local, and Tribal governments, and the 

private sector. The final 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 

The final rule does not contain 

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 

36 CFR Part 212 

Highways and roads, National forests, 

Public lands-rights-of-way, 

Transportation. 

36 CFR Part 214 

Administrative practice and 

procedure, National forests. 

36 CFR Part 251 

Administrative practice and 

procedure, Alaska, Electric power, 

Mineral resources, National forests, 

Public lands-rights-of-way, Reporting 

and recordkeeping requirements, Water 

resources. 

Therefore, for the reasons set forth in 

the preamble, the Department is 

amending chapter II of title 36 of the 

Code of Federal Regulations as follows: 

PART 212—TRAVEL MANAGEMENT 

Subpart A—Administration of the 

Forest Transportation System 

■ 1. The authority citation for part 212, 

subpart A, continues to read as follows: 

Authority: 16 U.S.C. 551, 23 U.S.C. 205. 

■ 2. Amend § 212.8 by revising 

paragraph (d)(5) to read as follows: 

§ 212.8 Permission to cross lands and 

easements owned by the United States and 

administered by the Forest Service. 

* * * * * 

(d) * * * 

(5)(i) The Chief may revoke an 

easement granted under 36 CFR 

251.53(j): 

(A) With the grantee’s consent; 

(B) By condemnation; or 

(C) After a 5-year period of nonuse by 

the grantee. 

(ii) Before revocation of an easement 

granted under 36 CFR 251.53(j) for 

nonuse, a formal adjudicatory 

proceeding must be conducted pursuant 

to 7 CFR part 1, subpart H, provided the 

grantee requests the hearing within 60 

days of receipt of the notice of 

revocation. 

PART 214—POSTDECISIONAL 

ADMINISTRATIVE REVIEW PROCESS 

FOR OCCUPANCY OR USE OF 

NATIONAL FOREST SYSTEM LANDS 

AND RESOURCES 

■ 3. The authority citation for part 214 

continues to read as follows: 

Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 

551. 

■ 4. Amend § 214.4 by revising 

paragraph (c)(1)(i) to read as follows: 

§ 214.4 Decisions that are appealable. 

* * * * * 

(c) * * * 

(1) * * * 

(i) A special use authorization issued 

under 36 CFR part 251, subpart B or D, 

other than modification, suspension, or 

revocation of a noncommercial group 

use permit; suspension or revocation of 

a permit or easement issued under 36 

CFR 251.53(e); suspension or revocation 

of an easement issued under 36 CFR 

251.53(l); revocation for nonuse of an 

easement issued under 36 CFR 251.53(j); 

or revocation of a special use 

authorization with the consent of the 

holder. 

* * * * * 

PART 251—LAND USES 

Subpart B—Special Uses 

■ 5. The authority citation for part 251, 

subpart B, continues to read as follows: 

Authority: 16 U.S.C. 460l–6a, 460l–6d, 

472, 497b, 497c, 551, 580d, 1134, 3210; 30 

U.S.C. 185; 43 U.S.C. 1740, 1761–1772. 

§ 251.50 [Amended] 

■ 6. Amend § 251.50 by removing 

paragraph (c)(3). 

■ 7. Amend § 251.51 by revising the 

definitions for ‘‘Guiding’’ and 

‘‘Outfitting’’ to read as follows: 

§ 251.51 Definitions. 

* * * * * 

Guiding—providing services or 

assistance (such as supervision, 

protection, education, training, packing, 

touring, subsistence, transporting 

people, or interpretation) for monetary 

or other gain to individuals or groups on 

National Forest System lands. 

* * * * * 

Outfitting—renting on or delivering to 

National Forest System lands for 

monetary or other gain any saddle or 

pack animal, vehicle, boat, camping 

gear, or similar supplies or equipment. 

* * * * * 

■ 8. Amend § 251.53 by revising 

paragraph (a) and adding paragraph (o) 

to read as follows: 

§ 251.53 Authorities. 

* * * * * 

(a) Permits governing occupancy and 

use, including noncommercial group 

use, under the act of June 4, 1897 (16 

U.S.C. 551); 

* * * * * 

(o) Leases governing occupancy and 

use of Federally owned historic 

properties under section 111 of the 

National Historic Preservation Act of 

1966 (54 U.S.C. 306121). 

■ 9. Amend § 251.54 by revising 

paragraphs (d)(2)(i) introductory text, 

(e)(1)(iv), (f)(1) introductory text, 

(f)(1)(i), (g)(1), and (g)(3)(iii) to read as 

follows: 

§ 251.54 Proposal and application 

requirements and procedures. 

* * * * * 

(d) * * * 

(2) Required information—(i) 

Noncommercial group uses. Paragraphs 

(d)(3) through (5) of this section do not 

apply to proposed noncommercial 

group uses. A proponent for a 


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noncommercial group use shall provide 

the following: 

* * * * * 

(e) * * * 

(1) * * * 

(iv) Except for permanent easements 

issued under § 251.53(j), the proposed 

use will not create an exclusive or 

perpetual right of use or occupancy. 

* * * * * 

(f) * * * 

(1) Oil and gas pipeline rights-of-way. 

An individual proposing an oil or gas 

pipeline right-of-way must be a United 

States citizen and must provide proof of 

United States citizenship. An entity 

proposing an oil or gas pipeline right-ofway must be established, and must 

provide documentation that the entity 

was established, under the laws of the 

United States, a state or territory of the 

United States, or in the case of coal, oil, 

shale, or gas, a municipality of the 

United States. 

(i) Citizens of another country, the 

laws, customs, or regulations of which 

deny similar or like privileges to 

citizens or corporations of the United 

States, shall not by stock ownership, 

stock holding, or stock control own an 

appreciable interest in any oil or gas 

pipeline right-of-way or associated 

special use authorization; and 

* * * * * 

(g) * * * 

(1) Acceptance of applications. 

Except for proposed noncommercial 

group uses, if a proposed use does not 

meet both the initial and second-level 

screening criteria in paragraph (e) of this 

section, the authorized officer shall 

reject the proposal. The authorized 

officer shall notify the proponent in 

writing of the rejection and the reasons 

for the rejection. If a proposed use meets 

both the initial and second-level 

screening criteria in paragraph (e) of this 

section, the authorized officer shall 

notify the proponent that the proponent 

may submit a written application for 

evaluation under this paragraph. The 

authorized officer shall, as appropriate 

or necessary, provide the proponent 

guidance and information of the type 

described in paragraphs (e)(3)(i) through 

(viii) of this section. 

* * * * * 

(3) * * * 

(iii) If an authorized officer denies an 

application because it does not meet the 

criteria in paragraphs (g)(3)(ii)(A) 

through (H) of this section, the 

authorized officer shall notify the 

applicant in writing of the reasons for 

the denial. If an alternative time, place, 

or manner will allow the applicant to 

meet the eight evaluation criteria, an 

authorized officer shall offer that 

alternative. If an application is denied 

solely under paragraph (g)(3)(ii)(C) of 

this section and all alternatives 

suggested are unacceptable to the 

applicant, the authorized officer shall 

offer to have completed the requisite 

environmental and other analyses for 

the requested site. An environmental 

assessment or an environmental impact 

statement prepared for the requested 

site is subject to the predecisional 

objection procedures at 36 CFR part 218. 

Notwithstanding the timing provisions 

set forth in 36 CFR 218.12, a decision 

to grant or deny an application for 

which an environmental assessment or 

an environmental impact statement is 

prepared for the requested site shall be 

made within 48 hours after the time for 

filing an objection expires or, if an 

objection is filed, the objection process 

is completed. A denial of an application 

in paragraphs (g)(3)(ii)(A) through (H) of 

this section constitutes final agency 

action, is not subject to administrative 

appeal, and is immediately subject to 

judicial review. 

* * * * * 

■ 10. Amend § 251.55 by revising 

paragraph (a) to read as follows: 

§ 251.55 Nature of interest. 

(a) A holder is authorized to use and 

occupy only the land and structures and 

conduct only the activities specified in 

the holder’s special use authorization. 

The holder may lease the authorized 

facilities and improvements to other 

parties only with the prior written 

approval of the authorized officer. The 

holder shall remain responsible for 

compliance of facilities and 

improvements leased to other parties 

with all the terms of the holder’s special 

use authorization. 

* * * * * 

■ 11. Amend § 251.57 by revising the 

section heading and paragraphs (a)(2) 

and (3), (b), and (h) and removing 

paragraph (i). 

The revisions read as follows: 

§ 251.57 Land use fees. 

(a) * * * 

(2) The authorized officer may require 

either an annual land use fee payment 

or a land use fee payment covering more 

than one year, provided a holder that is 

a private individual (rather than a 

commercial or other entity) and that has 

an annual land use fee of more than 

$100 may elect to make either an annual 

land use fee payment or a land use fee 

payment covering more than one year. 

(3) The annual land use fee for a 

recreation residence permit shall be 

assessed in accordance with the tiered 

land use fee structure and inflation 

adjustment specified in the Cabin Fee 

Act (16 U.S.C. 6214). 

(b) All or part of the land use fee may 

be waived by the authorized officer, 

when equitable and in the public 

interest, for the use and occupancy of 

National Forest System lands when one 

of the following criteria is met. If an 

applicant or a holder is ineligible for a 

land use fee waiver under one criterion 

in this paragraph, the applicant or 

holder is ineligible for a land use fee 

waiver under any other criteria in this 

paragraph: 

(1) The holder is a State or local 

government or any agency or 

instrumentality thereof, excluding 

municipal utilities and cooperatives 

whose principal source of revenue from 

the authorized use is customer charges; 

(2) The holder is a nonprofit 

association or nonprofit corporation, 

which is not controlled or owned by 

profit-making corporations or business 

enterprises, and which is engaged in 

public or semi-public activity to further 

public health, safety, or welfare, except 

that free use will not be authorized 

when funds derived by the holder 

through the authorization are used to 

increase the value of the authorized 

improvements owned by the holder or 

are used to support other activities of 

the holder; 

(3) The holder provides without 

charge, or at reduced charge, a valuable 

benefit to the public or to the programs 

of the Secretary; 

(4) When the land use fee is included 

in the land use fee for an authorized use 

or occupancy for which the United 

States is already receiving 

compensation; 

(5) When a right-of-way is authorized 

in reciprocation for a right-of-way 

conveyed to the United States; or 

(6) For rights-of-way involving costshare roads or reciprocal right-of-way 

agreements. 

* * * * * 

(h) Each ski area permit issued under 

the National Forest Ski Area Permit Act 

shall include a clause that provides that 

the Forest Service may adjust and 

calculate future land use fees to reflect 

Forest Service revisions to the existing 

system for determining land use fees 

based on fair market value or to comply 

with any new system for determining 

land use fees based on fair market value 

that may be adopted after issuance of 

the permit. 

■ 12. Amend § 251.58 by revising 

paragraphs (d)(1) and (i)(1) to read as 

follows: 

§ 251.58 Cost recovery. 

* * * * * 


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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 84709 

(d) * * * 

(1) Basis for monitoring fees. 

Monitoring is defined at § 251.51. For 

monitoring fees in minor categories 1 

through 4, authorization holders are 

assessed fees based upon the estimated 

time needed for Forest Service 

monitoring to ensure compliance with 

the authorization during the 

construction or reconstruction of 

temporary or permanent facilities and 

rehabilitation of the construction or 

reconstruction site. Major category 5 

and category 6 monitoring fees shall be 

based upon the agency’s estimated costs 

to ensure compliance with the 

authorization during all phases of its 

term, including but not limited to 

monitoring to ensure compliance with 

the authorization during the 

construction or reconstruction of 

temporary or permanent facilities and 

rehabilitation of the construction or 

reconstruction site. Monitoring for all 

categories does not include billings, 

maintenance of case files, annual 

performance evaluations, or routine onsite reviews to determine compliance 

generally with the terms of an 

authorization. 

* * * * * 

(i) * * * 

(1) The Forest Service shall maintain 

schedules for processing and monitoring 

fees on its website. The rates in the 

schedules shall be updated annually by 

using the annual rate of change, second 

quarter to second quarter, in the Implicit 

Price Deflator–Gross Domestic Product 

(IPD–GDP) index. The Forest Service 

shall round the changes in the rates 

either up or down to the nearest dollar. 

* * * * * 

■ 13. Revise § 251.59 to read as follows: 

§ 251.59 Transfer of authorized 

improvements. 

If the holder through death, voluntary 

sale, transfer, or enforcement of a valid 

legal proceeding or operation of law 

ceases to be the owner of the authorized 

improvements, the special use 

authorization terminates upon change of 

ownership and issuance of a new 

special use authorization to another 

party for the authorized use and 

occupancy. Except for leases and 

easements issued under § 251.53(e), (j), 

and (l) that are assignable in accordance 

with their terms, the new owner of the 

authorized improvements must apply 

for and receive a new special use 

authorization. The new owner must 

meet requirements under applicable 

regulations of this subpart and agree to 

comply with the terms of the 

authorization and any new terms 

warranted by existing or prospective 

circumstances. Assignment of leases 

and easements must comply with all 

terms governing their assignment. 

* * * * * 

■ 14. Amend § 251.60 by: 

■ a. Revising paragraphs (a)(2)(i) and (ii) 

and (c); 

■ b. Removing paragraph (d); 

■ c. Redesignating paragraphs (e) and (f) 

as paragraphs (d) and (e); 

■ d. Redesignating paragraph (g) as 

paragraph (f) and revising it; 

■ e. Removing paragraph (h); and 

■ f. Redesignating paragraph (i) as 

paragraph (g). 

The revisions read as follows: 

§ 251.60 Termination, revocation, and 

suspension. 

(a) * * * 

(2) * * * 

(i) Revocation or suspension. An 

authorized officer may revoke or 

suspend a special use authorization for 

all other special uses, except 

aneasement issued under§ 251.53(j): 

(A) For noncompliance with 

applicable statutes, regulations, or the 

terms and conditions of the 

authorization; 

(B) For failure of the holder to 

exercise the rights or privileges granted; 

(C) With the consent of the holder; or 

(D) At the discretion of the authorized 

officer for specific and compelling 

reasons in the public interest. The Chief 

may revoke an easement issued under 

§ 251.53(j) with the consent of the 

holder; by condemnation; or upon 

abandonment after a 5-year period of 

nonuse by the holder. 

(ii) Administrative review. Except for 

revocation or suspension of a permit or 

easement issued under § 251.53(e), 

revocation or suspension of an easement 

issued under § 251.53(l), and revocation 

for nonuse of an easement issued under 

§ 251.53(j), revocation or suspension of 

a special use authorization under this 

paragraph is subject to appeal pursuant 

to 36 CFR part 214. 

* * * * * 

(c) A special use authorization issued 

to a Federal agency under § 251.53(l) 

may be suspended or revoked only with 

the consent of the head of that Federal 

agency. 

* * * * * 

(f) Before suspension or revocation of 

permits and easements issued under 

§ 251.53(e) and suspension or 

revocation of easements issued under 

§ 251.53(l), a formal adjudicatory 

proceeding must be conducted pursuant 

to 7 CFR part 1, subpart H, as amended, 

and the authorized officer must 

determine, based on the proceeding, 

that grounds for revocation or 

suspension exist and that revocation or 

suspension is justified. Before 

revocation of easements issued under 

§ 251.53(j) for nonuse, a formal 

adjudicatory proceeding must be 

conducted pursuant to 7 CFR part 1, 

subpart H, provided the holder requests 

the hearing within 60 days of receipt of 

the notice of revocation. 

* * * * * 

■ 15. Revise § 251.64 to read as follows: 

§ 251.64 Reauthorization of existing uses. 

(a) Upon expiration of a permit or 

easement issued under § 251.53(e), a 

powerline facility permit issued to a 

federal entity or a powerline facility 

easement issued under § 251.53(l)(4), or 

a private road easement or a forest road 

easement issued under § 251.53(l)(6), 

the authorized officer shall issue a new 

special use authorization for the 

authorized use and occupancy, 

provided the use and occupancy 

authorized by the existing authorization 

are consistent with the applicable land 

management plan and applicable laws 

and regulations; the authorized 

activities and improvements are still 

being conducted or used for the 

purposes previously authorized; and the 

holder is in compliance with all the 

terms of the existing authorization. 

(b) A priority use outfitting and 

guiding permit is subject to renewal 

without competition as provided in 

accordance with applicable Forest 

Service directives. 

(c) Issuance of a new special use 

authorization upon expiration of any 

other type of special use authorization 

is at the sole discretion of the 

authorized officer, subject to the same 

conditions in paragraph (a) of this 

section. 

(d) In reauthorizing existing uses 

under paragraph (a), (b), or (c) of this 

section, the authorized officer may 

modify the terms of the authorization to 

reflect any new requirements imposed 

by current Federal and State land use 

plans, laws, regulations, or other 

management decisions. Appropriate 

environmental analysis must 

accompany the decision to reauthorize 

the special use. 

Subpart E—Revenue-Producing Visitor 

Services in Alaska 

■ 16. The authority citation for part 251, 

subpart E, continues to read as follows: 

Authority: 16 U.S.C. 3197. 

■ 17. Amend § 251.124 by revising 

paragraph (b) to read as follows: 

§ 251.124 Preferred operator competitive 

special use authorization procedures. 

* * * * * 


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84710 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 

(b) In such circumstances, the 

authorized officer shall solicit 

applications competitively by issuing a 

prospectus for persons to apply for a 

visitor services authorization. 

Notwithstanding Forest Service 

outfitting and guiding policy in Forest 

Service Handbook 2709.14, Chapter 50, 

when authorizations, including priority 

use permits for activities other than 

sport hunting and fishing, expire in 

accordance with their terms, they shall 

not be reissued if there is a need to limit 

use and when there is competitive 

interest by preferred operators. 

* * * * * 

Homer Wilkes, 

Under Secretary, Natural Resources and 

Environment. 

[FR Doc. 2023–26666 Filed 12–5–23; 8:45 am] 

BILLING CODE 3411–15–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 23–CRB–0010–SA–COLA 

(2024)] 

Cost of Living Adjustment to Satellite 

Carrier Compulsory License Royalty 

Rates; Correction 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a 

final rule published in the Federal 

Register of November 29, 2023, 

regarding the cost of living adjustment 

(COLA) to the royalty rates that satellite 

carriers pay for a compulsory license 

under the Copyright Act. 

DATES: Effective January 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2023–26122, appearing on page 83354 

in the Federal Register of Wednesday, 

November 29, 2023, the following 

corrections are made: 

§ 386.2 [Corrected] 

■ 1. On page 83354, in the second 

column, in part 386, in amendment 2, 

the instruction ‘‘Section 386.2 is 

amended by adding paragraphs 

(b)(1)(xiv) and (b)(2)(xiv) to read as 

follows:’’ is corrected to read ‘‘Section 

386.2 is amended by adding paragraphs 

(b)(1)(xv) and (b)(2)(xv) to read as 

follows:’’. 

Dated: November 30, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–26741 Filed 12–5–23; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261, 262, and 266 

[EPA–HQ–OLEM–2023–0081; FRL 8687–03– 

OLEM] 

RIN 2050–AH23 

Hazardous Waste Generator 

Improvements Rule, the Hazardous 

Waste Pharmaceuticals Rule, and the 

Definition of Solid Waste Rule; 

Technical Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial withdrawal of direct 

final rule. 

SUMMARY: Because the EPA received 

adverse comment on eight amendments 

in the direct final rule published on 

August 9, 2023, we are withdrawing 

amendments to specific provisions 

through correction to the direct final 

rule. 

DATES: This correction is effective 

December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Brian Knieser, U.S. Environmental 

Protection Agency, Office of Resource 

Conservation and Recovery, (MC: 

5304T), 1200 Pennsylvania Avenue NW, 

Washington, DC 20460, (202) 566–0516, 

(knieser.brian@epa.gov) or Kathy Lett, 

U.S. Environmental Protection Agency, 

Office of Resource Conservation and 

Recovery, (MC: 5304T), 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460, (202) 566–0517, (lett.kathy@

epa.gov). 

SUPPLEMENTARY INFORMATION: Because 

the EPA received adverse comment on 

specific amendments, through this 

correction, we are withdrawing only 

those specific amendments from the 

direct final rule, Hazardous Waste 

Generator Improvements Rule, the 

Hazardous Waste Pharmaceuticals Rule, 

and the Definition of Solid Waste Rule; 

Technical Corrections, published on 

August 9, 2023 (88 FR 54086). We stated 

in that direct final rule that if we 

received adverse comment by the close 

of the comment period on October 10, 

2023, the specific amendments in the 

direct final rule that are the subject of 

adverse comment would not take effect, 

and we would publish a timely 

withdrawal in the Federal Register. 

Because the EPA subsequently received 

adverse comment on eight amendments 

in that direct final rule, we are 

withdrawing only the eight affected 

amendments. All other amendments in 

that direct final rule will go into effect 

on the effective date (December 7, 2023). 

The eight specific amendments that are 

being withdrawn are: 

1. Section 261.4(e)(1) introductory 

text related to sample waste generated 

or collected for the purpose of 

conducting treatability studies. 

2. Section 262.11(d) introductory text 

related to identifying hazardous 

characteristics for listed hazardous 

wastes when the characteristic is 

already addressed by the listing. 

3. Section 262.11(g) related to 

identifying hazardous characteristics for 

listed hazardous wastes when the 

characteristic is already addressed by 

the listing. 

4. Section 262.16(b)(1) related to the 

accumulation limit for small quantity 

generators generating acute hazardous 

waste. 

5. Section 262.17(a)(8)(i) introductory 

text related to LQG closure notification 

when closing a waste accumulation unit 

but not the whole facility. 

6. Section 262.17(a)(8)(i)(A) related to 

LQG closure notification when closing a 

waste accumulation unit but not the 

whole facility. 

7. Section 262.232(b)(6)(iv) related to 

adding ‘‘RCRA-’’ to the term 

‘‘designated facility’’ to match the 

language of parallel provisions in this 

section. 

8. Section 266.508(a)(2)(ii) related to 

allowing applicable EPA hazardous 

waste numbers (also known as waste 

codes) in addition to the required 

PHARMS code in item 13 of the 

hazardous waste manifest for shipments 

of hazardous waste pharmaceuticals 

from a healthcare facility subject to 40 

CFR part 266 subpart P. We are also 

withdrawing language from this 

provision that allows the use of PHRM 

in lieu of PHARMS in item 13 of the 

hazardous waste manifest. 

Except for the amendment to § 262.11 

at instruction 25, which is withdrawn in 

full, because the provisions we are 

withdrawing appear in amendatory 

instructions affecting other provisions, 

we are correcting the corresponding 

amendments in full minus those 

provisions withdrawn. 

The EPA published a parallel 

proposed rule on the same day as the 

direct final rule. The proposed rule 

invited comment on the substance of the 

direct final rule. We will address those 

comments in any subsequent final 

action, which will be based on the 

parallel proposed rule also published on 


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