[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16824-16826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07934]
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DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection; Forest Products Removal Permits and
Contracts
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 parties on the
extension of a currently approved information collection, Forest
Products Removal Permits and Contracts.
DATES: Comments must be received in writing on or before June 18, 2018
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
Director, Forest & Rangeland Management and Vegetation Ecology, Forest
Service, USDA, Mail Stop 1103, 1400 Independence Avenue SW, Washington
DC 20250-1103.
Comments may also be submitted via facsimile to (703) 605-1575 or
by email
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to [email protected]. In addition, comments may be
submitted via the world wide web/internet at: http://www.regulations.gov.
The public may inspect comments received at the Forest Service,
Forest Management Staff Office, Third Floor SW Wing, 201 14th Street
SW, Washington, DC 20250 during normal business hours. Visitors are
encouraged to call ahead to (202) 205-1766 to facilitate entry to the
building.
FOR FURTHER INFORMATION CONTACT: Sharon Nygaard-Scott, Forest
Management Staff, at (202) 205-1766. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal Relay
Service (FRS) at 1-800-877-8339 twenty-four hours a day, every day of
the year, including holidays.
SUPPLEMENTARY INFORMATION:
Title: Forest Products Removal Permits and Contracts.
OMB Number: 0596-0085.
Expiration Date of Approval: October 31, 2018.
Type of Request: Extension of a currently approved information
collection.
Abstract: Under 16 U.S.C. 551 Protection of National Forests; Rules
and Regulations, individuals and businesses wishing to remove forest
products from National Forest System lands must request a permit. To
obtain a permit, applicants must meet the criteria at 36 CFR 223.1,
223.2, and 223.5-223.13, which authorizes free use or sale of timber or
forest products.
Under the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-
246, 122 Stat. 1651) section 8105 Forest Products for Traditional and
Cultural Purposes [hereinafter referred to as ``section 8105''],
federally recognized Indian tribes may make a request for free use of
trees, portions of trees, or forest products for traditional and
cultural purposes, provided the use will not be for commercial
purposes. Section 8105 has been codified in 25 U.S.C. chapter 32A
Cultural and Heritage Cooperation Authority, section 3055 Forest
Products for Traditional and Cultural Purposes (25 U.S.C. 3055).
Additionally, Forest Service issued final implementation regulations,
for section 8105, at 36 CFR 223.15 Provision of Trees, Portions of
Trees, or Forest Products to Indian Tribes for Traditional and Cultural
Purposes.
Indian tribes seeking products, under section 8105 authority, must
make a request for free use, following the criteria at 36 CFR 223.15,
which includes: ``Requests for trees, portions of trees, or forest
products . . . must be submitted to the local Forest Service District
Ranger's Office(s) in writing. Requests may be made: (1) Directly by a
tribal official(s) who has been authorized by the Indian tribe to make
such requests; or (2) By providing a copy of a formal resolution
approved by the tribal council or other governing body of the Indian
tribe.'' Note: there is no stated maximum free use limitation for
products requested by Indian tribes, and there is no limitation to the
number of requests that each federally recognized Indian tribe may
make, under section 8105 authority. Should federally recognized Indian
tribes seeking such use wish to obtain proof of possession, as may be
required in some States, they could be issued a FS-2400-8 permit which
allows use of timber or forest products at no charge (36 CFR 223.5-
223.13).
Upon receiving a permit, the permittee must comply with the terms
of the permit (36 CFR 261.6), which designates the forest products that
can be harvested and under what conditions, such as limiting harvest to
a designated area or permitting harvest of only specifically designated
material. The collected information will help the Forest Service and
the Bureau of Land Management (for form FS-2400-1) oversee the approval
and use of forest products by the public.
When applying for forest product removal permits, applicants
(depending on the products requested) would provide information needed
to complete one of the following:
FS-2400-1, Forest Products Removal Permit and Cash
Receipt, is used to sell timber or forest products such as, but not
limited to, fuelwood, Christmas trees, or pine cones (36 CFR 223.1,
223.2). The Bureau of Land Management identifies the FS-2400-1 as BLM-
5450-24 (43 U.S.C 1201, 43 CFR 5420). This form would not be used to
issue products requested by federally recognized Indian tribes under
section 8105 authority.
FS-2400-4/FS-2400-4ANF, Forest Products Contract and Cash
Receipt, are used to sell timber products such as sawtimber or forest
products such as, but not limited to, fuelwood, or posts and poles.
These forms would not be used to issue products requested by federally
recognized Indian tribes under section 8105 authority.
FS-2400-8, Forest Products Free Use Permit, allows use of
timber or forest products at no charge to the permittee (36 CFR 223.5-
223.13). This form could be used to issue products requested by
federally recognized Indian tribes under section 8105 authority.
Each form listed above implements different regulations and has
different provisions for compliance, but collects similar information
from the applicant for related purposes.
The Forest Service and the Bureau of Land Management will use the
information collected on form FS-2400-1, to ensure identification of
permittees in the field by agency personnel. The Forest Service will
use the information collected on forms FS-2400-4/FS-2400-4ANF and/or
FS-2400-8 to:
Ensure that permittees obtaining free use of timber or
forest products qualify for the free-use program.
Ensure that permittees obtaining free use of timber or
forest products, under 36 CFR 223.8, do not receive product value in
excess of that allowed by regulations. However, as noted above for
federally recognized Indian Tribe requests made under section 8105
authority, there is no stated maximum free use limitation (25 U.S.C.
3055).
Ensure that applicants purchasing timber harvest or forest
products permits non-competitively do not exceed the authorized limit
in a fiscal year (16 U.S.C. 472(a)).
Ensure identification of permittees, in the field, by
Forest Service personnel.
Applicants may apply for more than one forest product permit or
contract per year. For example, an applicant may obtain a free use
permit for a timber product such as, but not limited to, pine cones
(FS-2400-8) and still purchase fuelwood (FS-2400-1, and/or FS-2400-4/
2400-4ANF). Additionally, as noted above, there is no limitation to the
number of requests that each federally recognized Indian tribe may make
under section 8105 authority (25 U.S.C. 3055).
Individuals and small business representatives usually request and
apply for permits and contracts in person at the office issuing the
permit. As noted above, Indian tribes seeking products under section
8105 authority must make a written request for free use, following the
criteria at 36 CFR 223.15.
Applicants provide the following information, as applicable:
Name,
Address, and
Personal identification number such as tax identification
number, social security number, driver's license number, or other
unique number identifying the applicant.
Agency personnel enter the information into a computerized database
to use for subsequent requests by applicants for a forest product
permit or contract. The information is printed on paper, which the
applicant signs and dates. Agency personnel discuss the
[[Page 16826]]
terms and conditions of the permit or contract with the applicant.
The data gathered is not available from other sources. The
collected data is used to ensure:
Applicants for free use permits meet the criteria for free
use of timber or forest products authorized by regulations at 36 CFR
223.5-223.13; and, for federally recognized Indian tribes under section
8105 authority, the criteria at 36 CFR 223.15;
Applicants seeking to purchase and remove timber or forest
products from Agency lands meet the criteria under which sale of timber
or forest products is authorized by regulations at 36 CFR 223.80; and
Permittees comply with regulations and terms of the permit
at 36 CFR 261.6.
The collection of this information is necessary to ensure that
applicants meet the requirements of the forest products program; those
obtaining free-use permits for forest products qualify for the program;
applicants purchasing non-competitive permits to harvest forest
products do not exceed authorized limits; and that Federal Agency
employees can identify permittees when in the field.
Estimate of Annual Burden: 5 minutes.
Type of Respondents: Individuals, small businesses, and, for
requests made under section 8105 of the Food, Conservation, and Energy
Act of 2008 (Pub. L. 110-246, 122 Stat. 1651), federally recognized
Indian tribes.
Estimated Annual Number of Respondents: 192,224.
Estimated Annual Number of Responses per Respondent: 2.
Estimated Total Annual Burden on Respondents: 32,037.
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: March 28, 2018.
Glenn Casamassa,
Associate Deputy Chief, National Forest System.
[FR Doc. 2018-07934 Filed 4-16-18; 8:45 am]
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