[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Notices]
[Page 63426-63430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-33]
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DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection; Special Use Administration
AGENCY: Forest Service, USDA.
ACTION: Notice; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Forest Service is seeking comments from all interested individuals and
organizations on the extension with revision of a currently approved
information collection, Special Use Administration.
[[Page 63427]]
DATES: Comments must be received in writing on or before December 23,
2008 to be assured of consideration. Comments received after that date
will be considered to the extent practicable.
ADDRESSES: Comments concerning this notice should be addressed to USDA
Forest Service, Attn: Lands, 1400 Independence Ave., SW., Mailstop:
1124, Washington, DC 20250-0003.
Comments also may be submitted via facsimile to (202) 205-1604 or
by e-mail to: reply_lands@fs.fed.us.
The public may inspect comments received at Office of the Director,
Lands, 4th Floor South, Sidney R. Yates Federal Building, 14th and
Independence Avenue, SW., Washington, DC, 20024 during normal business
hours. Visitors are encouraged to call ahead to (205) 205-1248 to
facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Glen Parker, Lands, at (202) 205-1196.
Individuals who use telecommunication devices for the deaf (TDD) may
call the Federal Relay Service (FRS) at 1-800-877-8339 between 8 a.m.
and 8 p.m., Eastern Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Title: Special Use Administration.
OMB Number: 0596-0082.
Expiration Date of Approval: 05/31/2009.
Type of Request: Extension with Revision.
Abstract: Several statutes authorize the Forest Service to issue
and administer authorizations for use and occupancy of National Forest
System (NFS) lands and collect information from the public for those
purposes, including the Organic Administration Act of 1897 (16 U.S.C.
551); Title V of the Federal Land Policy and Management Act of 1976
(FLPMA, 43 U.S.C. 1761-1771); the Act of March 4, 1915 (16 U.S.C. 497);
the National Forest Ski Area Permit Act (16 U.S.C. 497b); section 28 of
the Mineral Leasing Act (30 U.S.C. 185); the National Forest Roads and
Trails Act (FRTA, 16 U.S.C. 532-538); section 7 of the Granger-Thye Act
(16 U.S.C. 480d); the Act of May 26, 2000 (16 U.S.C. 460l-6d); and the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801-6814). Forest
Service regulations implementing these authorities, found at 36 CFR
part 251, subpart B, contain information collection requirements,
including submission of applications, execution of forms, and
imposition of terms and conditions that entail information collection
requirements, such as the requirement to submit annual financial
information; to prepare and update an operating plan; to prepare and
update a maintenance plan; and to submit compliance reports and
information updates.
The information collection requirements are necessary for the
Forest Service to issue and administer special use authorizations that
allow the public to use and occupy NFS lands under these authorities.
The information collected is used by Forest Service officials (unless
otherwise noted) to ensure that uses of NFS lands are authorized, in
the public interest, and compatible with the Agency's mission; and/or
record authorization of use granted by appropriate Forest Service
officials.
The information helps the Agency identify the environmental and
social impacts of special uses for purposes of compliance with the
National Environmental Policy Act and program administration. In
addition, the Agency uses the information to ascertain whether the land
use fee(s) charged for special use authorizations are based on market
value.
Information collection occurs via application forms, as well as
terms and conditions in special use authorizations and operating plans.
There are six categories of information collected:
(1) Information required from proponents and applicants to evaluate
proposals and applications to use or occupy NFS lands
(2) Information required from applicants to complete special use
authorizations
(3) Annual financial information required from holders to determine
land use fees
(4) Information required from holders to prepare and update
operating plans
(5) Information required from holders to prepare and update
maintenance plans
(6) Information required from holders to complete compliance
reports and informational updates
The six categories cover all information collection requirements
involved in administration of the special uses program, including
application and reporting forms; authorization forms; supplemental
special use authorization clauses in Forest Service Handbook 2709.11,
chapter 50; and information collection requirements not associated with
an approved standard form.
These six categories demonstrate the complexity of the special uses
program and the importance of standard forms in administration of the
program. Special use authorizations encompass a variety of activities
ranging from individual private uses to large-scale commercial
facilities and public services. Examples of authorized special uses
include public and private road rights-of-way, apiaries, domestic water
supply conveyance systems, telephone and electric service rights-of-
way, oil and gas pipeline rights-of-way, communications facilities,
hydroelectric power-generating facilities, ski areas, resorts, marinas,
municipal sewage treatment plants, and public parks and playgrounds.
Category 1: The Application Process
1. SF-299, Application for Transportation and Utility Systems and
Facilities on Federal Lands, is used to evaluate the applicant's
technical and financial capability, nature of the proposed operations,
and anticipated environmental impacts and proposed mitigation of those
impacts. This form used for most non-recreational NFS lands use
requests.
2. FS-2700-3a, Holder-Initiated Revocation of Existing
Authorization and Request for a Special Use Permit, is used to
facilitate issuance of a new authorization when there is a change in
ownership of authorized improvements or a change in control of the
holder of a special use authorization.
3. FS-2700-3b, Special Use Application and Permit for Noncommercial
Group Use, provides information used to evaluate requests to use NFS
lands for noncommercial gatherings involving 75 or more people, such as
a wedding or an activity involving the exercise of First Amendment
rights, and to authorize such requests.
4. FS-2700-3c, Special Use Application and Permit for Recreation
Events, is used to collect information needed to evaluate requests to
use NFS lands for events involving an entry or participation fee, such
as an endurance ride, and to authorize such requests.
5. FS-2700-3e, Special Use Application and Permit for Government-
Owned Buildings, is the form used by the Forest Service to collect
information and to issue permits for use of government-owned facilities
on NFS lands.
6. FS-2700-3f (new), Special Use Application and Permit, Temporary
Permit for Outfitting and Guiding, is the form used by the Forest
Service to collect information and to issue temporary permits to use
NFS lands for Outfitting and Guiding services.
7. FS-2700-10, Technical Data for Communications Uses, is the form
used by the Forest Service to collect information and to evaluate the
compatibility of communications equipment at a communications site to
[[Page 63428]]
minimize frequency interference and other compatibility problems.
8. FS-2700-11, Agreement Concerning a Small Business Administration
Loan for a Holder of a Special Use Permit, is the form used by the
Forest Service to collect information and to enter into agreement with
a holder, a lender, and the United States Small Business Administration
(SBA) regarding a loan guaranteed by the SBA.
9. FS-2700-12, Agreement Concerning a Loan for a Holder of a
Special Use Permit, is the form used by the Forest Service to collect
information and to enter into an agreement with a holder and a lender
regarding a loan not guaranteed by the SBA.
10. FS-6500-24, Financial Statement, provides information used by
the authorized Forest Service officer or financial analyst to evaluate
the financial capability of an applicant to undertake the requested use
and to comply with the terms and conditions of an authorization. This
form is used primarily for requests to operate ski areas, resorts, and
government-owned campgrounds on NFS lands.
11. FS-6500-25, Request for Verification, is the form used by an
authorized Forest Service officer or financial analyst to (1) obtain a
release of information from a financial institution to verify the
financial capability of an applicant to undertake the requested use and
(2) to comply with the terms and conditions of an authorization. This
form is used primarily for requests to operate ski areas, resorts, and
government-owned campgrounds on NFS lands.
12. FS-2700-28, Request for New Appraisal (CUFFA), is the form used
by the Forest Service to collect information and to initiate a new
appraisal of a recreation residence lot.
13. FS-2700-32, Application for Permit for Archaeological
Investigations is the form used by the Forest Service to collect
information and to evaluate the financial capability and qualifications
of an applicant to undertake archaeological investigations on NFS
lands.
14. FS-2700-33, Additional Insured Endorsement for a Special Use
Authorization, is the form used by the Forest Service to collect
information and to name the United States as an additional insured in
an insurance policy issued to the holder of a special use
authorization.
15. FS-2700-34 (new), Prospectus for Campground and Related
Granger-Thye Concessions, is used to select the most qualified
applicant to operate a concession campground in a competitive process.
16. Response to a Prospectus (no designated form). When the Forest
Service offers a new business opportunity that requires a Special Use
authorization, for which there is competitive interest, it is necessary
to issue a prospectus. Information provided by applicants in response
to a prospectus is used to select the most qualified applicant.
Category 2: Special Use Authorizations
1. FS-2700-4, Special Use Permit, is the form used by the Forest
Service to collect information and to authorize a variety of uses on
NFS lands not covered by another form.
2. FS-2700-4a, Special Use Permit Granger-Thye Supplement, is the
form used by the Forest Service to collect information and to modify
form FS-2700-4, when used to authorize government-owned improvements.
3. FS-2700-4b, Forest Road Special Use Permit, is the form used by
the Forest Service to collect information and to authorize, under
FLPMA, the construction and use of an NFS road, typically to access
private property within a national forest for commercial purposes, such
as timber hauling or noncommercial purposes such as residential use.
4. FS-2700-4c, Private Road Special Use Permit, is the form used by
the Forest Service to collect information and to authorize, under
FLPMA, the construction and use of a road that is not part of the
forest transportation system to access non-Federal land, a mining
claim, a mineral leasing area, or other uses of NFS lands.
5. FS-2700-4d, Temporary Cost Share Agreement Road Special Use
Permit, is the form used by the Forest Service to collect information
and to authorize, under FLPMA, the construction, maintenance, and use
of a temporary road on NFS lands covered by a cost share agreement to
access private property within a national forest for commercial
purposes, such as timber harvesting.
6. FS-2700-4h, Special Use Permit for Campground and Related
Granger-Thye Concessions, is the form used by the Forest Service to
collect information and to authorize the operation and maintenance of a
government-owned recreation site on NFS lands.
7. FS-2700-4h--Appendix B, Annual Granger-Thye Fee Offset
Agreement, is used by authorized Forest Service official and the holder
to specify the government maintenance, reconditioning, renovation, and
improvement used to offset the land use fee for a Campground and
Related Granger-Thye Concessions Special Use Permit.
8. FS-2700-4h--Appendix G, Granger-Thye Fee Offset Claim
Certification, is used by a holder to provide a record of said holder's
direct and indirect costs attributable to a project enumerated in a
Granger-Thye Fee Offset Agreement.
9. FS-2700-4h--Appendix F, Special Use Permit for Campground and
Related Granger-Thye Concessions, describes the Forest Service's
drinking water program and the requirements that apply to holders
authorized to operate a federally owned drinking water system.
10. FS-2700-4i, Special Use Permit for Outfitting and Guiding, is
the form used by the Forest Service to collect information and
authorize the use and occupancy of NFS lands to provide outfitting and
guiding services.
11. FS-2700-4j (new), Special Use Permit for a Federal Agency's
Electric Transmission Facilities, is the form used by the Forest
Service to collect information and authorize the use and occupancy of
NFS lands by a federal agency that owns and operates electric
transmission lines and facilities
12. FS-2700-5, Term Special Use Permit, is the form used by the
Forest Service to collect information and authorize long-term use of
NFS lands involving privately owned facilities.
13. FS-2700-5a, Term Special Use Permit for Recreation Residences,
is the form used by the Forest Service to collect information and
authorize a privately owned recreation residence on NFS lands.
14. FS-2700-5b, Ski Area Term Special Use Permit, is the form used
by the Forest Service to collect information and authorize ski areas on
NFS lands.
15. FS-2700-5c, Resort/Marina Term Special Use Permit, is the form
used by the Forest Service to collect information and authorize a
resort/marina on NFS lands.
16. FS-2700-5d (new), Resort Supplement for Outfitting and Guiding,
provides information the Forest Service uses to authorize outfitting
and guiding occurring at a resort/marina on NFS lands.
17. FS-2700-9a, Agricultural Irrigation and Livestock Watering
System Easement, is used by the Forest Service to collect information
and grant an easement for an agricultural irrigation or a livestock
watering system on NFS lands.
18. FS-2700-9b, Cost Share Easement, is used by the Forest Service
to collect information and authorize, under FRTA, the acquisition,
construction, or reconstruction and the maintenance and use of an NFS
road
[[Page 63429]]
that is subject to a cost share agreement. The parties to the cost
share agreement grant each other easements within the geographic area
covered by the agreement. A cost share easement is for a NFS road and
is subject to the cost sharing provisions of the agreement.
19. FS-2700-9c, Non-Cost Share Easement, is used by the Forest
Service to collect information and authorize, under FRTA, the
construction, reconstruction, maintenance, and use of private roads
under a cost share agreement. The parties to the cost share agreement
grant each other easements within the geographic area covered by the
agreement. A non-cost share easement is for a private road (rather than
a NFS road) and is not subject to the cost sharing provisions of the
agreement.
20. FS-2700-9d, Public Road Easement, is used by the Forest Service
to collect information and grant easements under FRTA to public road
authorities, such as states or counties, to construct and maintain
public roads that are not part of the Federal Aid Highway System.
21. FS-2700-9e, Forest Road Easement, is issued under the National
Forest Roads and Trails Act. This form is used by the Forest Service to
collect information and to grant an easement under FRTA to a party to a
cost share agreement, or to another non-Federal landowner who is
cooperating in the acquisition, construction, or maintenance of a NFS
road. The easement is for acquisition, construction or reconstruction,
maintenance, and use of a NFS road that is outside the boundaries of a
cost share agreement. At the time the easement is granted, the grantor
and the grantee share the costs of acquisition, construction, and
reconstruction. After the easement is granted, the grantor and the
grantee share only the cost of maintenance.
22. FS-2700-9f, Private Road Easement, issued under the National
Forest Roads and Trails Act; the Forest Service uses this form to
collect information and grant an easement under FRTA to a party to a
cost share agreement, or to another non-Federal landowner who is
cooperating in the acquisition, construction, or maintenance of a NFS
road. The easement is for construction or reconstruction, maintenance,
and use of a private road that is outside the boundaries of a cost
share agreement. Since the easement is for a private rather than a NFS
road, the cost of constructing, reconstructing, and maintaining the
road are borne by the grantee.
23. FS-2700-9g, Forest Road Easement, issued under the Federal Land
Policy and Management Act, is used by Forest Service to collect
information and grant an easement under FLPMA for construction,
reconstruction, maintenance, and use of an NFS road, when the grantee
is not a party to a cost share agreement for the acquisition,
construction, and maintenance of an NFS road, or when the grantee does
not meet the requirements for issuance of a forest road easement under
FRTA.
24. FS-2700-9h, Private Road Easement, issued under the Federal
Land Policy and Management Act, is used by the Forest Service to
collect information and grant an easement under FLPMA for construction,
reconstruction, maintenance, and use of a private road, when the
grantee is not a party to a cost share agreement for the acquisition,
construction, and maintenance of NFS roads, or when the grantee does
not meet the requirements for issuance of a private road easement under
FRTA.
25. FS-2700-10b, Communications Site Lease, is the form used by the
Forest Service to collect information and to authorize a communications
use within a designated communications site on NFS lands.
26. FS-2700-23, Amendment for Special Use Authorization, is used by
the Forest to collect information and amend an existing special use
authorization.
27. FS-2700-25, Temporary Special Use Permit, is used by the Forest
Service to authorize uses of one year or less on NFS lands.
28. FS-2700-26, Major Category Cost Recovery Agreement, is used to
effectuate cost recovery for special use applications or authorizations
involving over 50 hours to process or monitor.
29. FS-2700-26b, Cost Recovery Master Agreement, is used by Forest
Service officials to effectuate cost recovery for special use
applications or authorizations involving multiple phases of development
or groups of applications or similar applications for a specified
geographic area.
30. FS-2700-27, Notice to Alaska Native Corporations Regarding
Prospectus for Visitor Services, is used by the Forest Service to
collect information and provide notice to Alaska Native Corporations of
the issuance of a prospectus to conduct visitor services in
Conservation System Units in Alaska. Notification provides the Alaska
Native Corporations a chance to request designation as a most directly
affected Native Corporation for purposes of competing for the
opportunity to conduct visitor services.
31. FS-2700-31, Electric Transmission Line Easement, the Forest
Service uses this form to collect information and to grant a long-term
easement under FLPMA for an electric transmission line to a non-federal
organization.
32. FS-2700-32, Permit for Archaeological Investigations, the
Forest Service uses this form to collect information and to grant a
permit to a qualified applicant to conduct archeological investigations
on or within NFS lands.
Category 3: Annual Financial Information
1. FS-2700-6b, Recreation Residence Self-Inspection Report, the
Forest Service uses this form to review and record any modifications
made to a recreation residence.
2. FS-2700-7, Reconciliation of Sales for Fee Calculation, this
form provides information used by the Forest Service to determine land
use fees based on sales revenue.
3. FS-2700-8, Reconciliation of Gross Fixed Assets to Booked
Amounts, the Forest Service uses the information provided on this form
to determine land use fees based on the gross fixed assets of the
holder.
4. FS-2700-10a, Telecommunications Facility Inventory, the Forest
Service uses the information provided on this form to determine the
rent for a communications facility based on the number of tenants in
the facility.
5. FS-2700-19, Fee Calculation for Concession Permits, information
collected via this form is used by the Forest Service to determine the
land use fee for concession permits under the Graduated Rate Fee
System.
6. FS-2700-19a, Fee Calculation for Ski Area Permits, this form
collects information used by the Forest Service to determine the land
use fee for ski area permits under the Ski Fee Act.
7. Business Practices (no designated form). The holder provides
information regarding various business practices, such as basic
accounting or financial records, upon request by the authorized officer
or as a term and condition of an authorization. In most circumstances,
the form used is one customarily used for the type of business
involved.
Category 4: Preparing and Updating Operating Plans (no designated form)
Special use authorizations may contain a clause requiring the
holder to prepare and update an operating plan that governs day-to-day
operations of the authorized use. This information is
[[Page 63430]]
useful to the holder and the Forest Service, because it specifies
procedures and policies for conducting the authorized use. Typically,
operating plans contain daily operating guidelines, fire abatement and
control procedures, monitoring guidelines, maintenance standards,
safety and emergency plans, and inspection standards. Operating plans
are usually necessary for complex operations, commercial uses, and uses
conducted in environmentally sensitive areas.
Category 5: Preparing and Updating Maintenance Plans (no designated
form)
A permit or easement issued under FLPMA or FRTA may require the
holder or grantee to submit and update a road maintenance plan or
information necessary for the preparation of a road maintenance plan. A
road maintenance plan governs the responsibility of the holder or
grantee to perform or pay for maintenance of an NFS road.
Category 6: Compliance Reports and Information Updates
1. FS-2700-34 (new), Outfitter or Guide Trip Ticket is used by an
outfitter or guide to provide use information to Forest Service
officials via the Internet or other media. The Forest Service uses the
information to track use of NFS lands.
2. Compliance Reports and Information Updates (no designated form).
Special use authorizations may contain a clause requiring the holder to
provide the Forest Service with compliance reports, information
reports, and other information required by Federal law or to manage NFS
lands to ensure adequate protection of national forest resources and
public health and safety. Examples of compliance and information
updates include dam maintenance inspection reports and logs required by
the Reclamation Safety of Dams Act of 1978; the Federal Dam Safety
Inspection Act of 1979; and the Dam Safety Act of 1983; documentation
that authorized facilities passed safety inspections; documentation
showing that the United States is named as an additional insured in an
insurance policy issued to a holder; notifications involving a change
in ownership of authorized improvements or a change in control of the
holder; and documentation of compliance with Title VI of the Civil
Rights Act of 1964.
Estimate of Annual Burden: 2.37 burden hours per response.
Type of Respondents: Individuals, Businesses, Non-profit
Organizations, and Non-Federal Governmental entities.
Estimated Annual Number of Respondents: 88,505 respondents.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 161,017 hours.
Comment Is Invited
Comment is invited on: (1) Whether this collection of information
is necessary for the stated purposes and the proper performance of the
functions of the agency, including whether the information will have
practical or scientific utility; (2) the accuracy of the agency's
estimate of the burden of the collection of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility, and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
respondents, including the use of automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology.
All comments received in response to this notice, including names
and addresses when provided, will be a matter of public record.
Comments will be summarized and included in the submission request
toward Office of Management and Budget approval.
Dated: October 17, 2008.
Gloria Manning,
Associate Deputy Chief, National Forest System.
[FR Doc. E8-25396 Filed 10-23-08; 8:45 am]
BILLING CODE 3410-11-P