[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1715-1716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-767]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 291
RIN 0596-AB43
Occupancy and Use of Developed Sites and Areas of Concentrated
Public Use; Expanded Locations Where Admission Fees May Be
Charged
AGENCY: Forest Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule expands the locations at which the Forest
Service may charge admission fees under the provisions of section 4(a)
of the Land and Water Conservation Fund Act of 1965, as amended. The
Forest Service previously had statutory authority to charge admission
fees only at congressionally designated National Recreation Areas
administered by the Secretary of Agriculture. This final rule
implements the 1993 amendments to the Land and Water Conservation Fund
Act of 1965 that provide additional authority to charge admission fees
at congressionally designated National Monuments, National Volcanic
Monuments, National Scenic Areas, and no more than 21 areas of
concentrated public use designated by the Forest Service. The intended
effect of this final rule is to conform the existing rule to the
statutory amendments.
EFFECTIVE DATE: This rule is effective January 23, 1996.
FOR FURTHER INFORMATION CONTACT: Joe Meade, (202) 205-1129, Recreation,
Heritage, and Wilderness Resources Staff, Forest Service, USDA, P.O.
Box 96090, Washington, D.C. 20090-6090.
SUPPLEMENTARY INFORMATION: Before it was amended in 1993, the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a) authorized the
Secretary of Agriculture to charge admission fees at National
Recreation Areas. That authority is implemented through regulations at
36 CFR Part 291, Occupancy and Use of Developed Sites and Areas of
Concentrated Public Use.
In his report, ``A Vision of Change for America,'' President
Clinton made clear his intention to increase revenues from use of
recreational facilities on public lands. As part of his fiscal year
1994 budget package, the President transmitted proposed legislation to
Congress that would permit the Secretary of Agriculture to charge
admission fees at National Monuments, National Volcanic Monuments,
National Scenic Areas, and no more than 21 areas of concentrated public
use, in addition to National Recreation Areas. Congress endorsed this
proposal in the passage of the Omnibus Budget Reconciliation Act of
1993 (Pub. L. 103-66), which includes such provisions. The act at 16
U.S.C. 4601-6a(a) defines an area of concentrated public use as an area
that is managed primarily for outdoor recreation purposes, contains at
least one major recreation attraction where facilities and services
necessary to accommodate heavy public use are provided, and provides
public access to the area in such a manner that admission fees can be
efficiently collected at one or more centralized locations.
After this rule takes effect, the Chief of the Forest Service will
make a determination of no more than 21 areas of concentrated public
use where fees may be charged. The Chief's determination will be used
on recommendations from the field units by Regional Foresters of areas
that meet criteria in the preceding definition from the act and
requirements in this rule. The agency policy and procedures related to
this rule and to the field units' review and recommendation of areas
are being issued in an amendment to Forest Service Manual chapter FSM
2330, Publicly Managed Recreation Opportunities. This amendment is
available upon request from the person listed under FOR FURTHER
INFORMATION CONTACT.
Compliance with Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(3)(B) of the Administrative Procedure
Act, the Forest Service has determined that publication of this rule
for notice and comment prior to adoption is unnecessary. This final
rule makes minor technical changes in the existing regulations at 36
CFR Part 291 so that they conform with the Land and Water Conservation
Fund Act, as amended by the Omnibus Budget Reconciliation Act of 1993.
This rulemaking does not supplement or make major changes in
[[Page 1716]]
policies applicable to the administration of admission fees charged at
sites in the National Forest System pursuant to the Land and Water
Conservation Fund Act of 1965.
Regulatory Impact
This final rule has been considered in light of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). It has been determined that
this action will not have a significant economic impact on a
substantial number of small entities as defined in that act. It 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.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
which the President signed into law on March 22, 1995, the Department
has assessed the effects of this rule on State, local, and tribal
governments and the private sector. This rule does not compel the
expenditure of $100 million or more by any State, local, or tribal
governments or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Executive Order 12630
This final rule has been reviewed for its impact on private
property rights under Executive Order 12630 of March 15, 1988, as
implemented by the United States Attorney General's Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings. Executive
Order 12630 does not apply because this final rule makes technical and
administrative changes applicable to the administration of admission
fees charged at sites in the National Forest System.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. After adoption of this final 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 final rule; and (3) it will not require
administrative proceedings before parties may file suit in court
challenging its provisions.
Controlling Paperwork Burdens on the Public
This rule does not contain new recordkeeping or reporting
requirements or other information collection requirements and does not
impose additional paperwork burdens on the public. Therefore, the
review provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3507) and its implementing regulations at 5 CFR Part 1320 do not apply.
Environmental Impact
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180;
Sept. 18, 1992) categorically excludes from documentation in an
environmental assessment (EA) or an environmental impact statement
(EIS) ``rules, regulations, or policies to establish Service-wide
administrative procedures, program processes or instructions.'' Based
on the technical and administrative nature and scope of this
rulemaking, it has been determined that this rule falls within this
category of actions and that no extraordinary circumstances exist which
would require preparation of an EA or an EIS.
List of Subjects in 36 CFR Part 291
National Forests, Recreation and Recreation Areas.
Therefore, for the reasons set forth in the preamble, Part 291 of
Chapter II of Title 36 of the Code of Federal Regulations is hereby
amended as follows:
PART 291--OCCUPANCY AND USE OF DEVELOPED SITES AND AREAS OF
CONCENTRATED PUBLIC USE
1. Revise the authority citation for Part 291 to read as follows:
Authority. 16 U.S.C. 460l-6a.
2. Add Sec. 291.1 to read as follows:
Sec. 291.1 Definitions.
For the purposes of this part the following term shall mean:
Area of concentrated public use: An area that is managed primarily
for outdoor recreation purposes, contains at least one major recreation
attraction where facilities and services necessary to accommodate heavy
public use are provided, and provides public access to the area in such
a manner that admission fees can be efficiently collected at one or
more centralized locations.
3. Amend Sec. 291.9 by redesignating it as Sec. 291.2 revising
paragraph (a) to read as follows:
Sec. 291.2 Admission fees and recreation use fees.
(a) Fees shall be charged for admission to Congressionally
designated National Recreation Areas, National Monuments, National
Volcanic Monuments, and National Scenic Areas administered by the
Secretary of Agriculture and no more than 21 areas of concentrated
public use designated by the Chief of the Forest Service as provided by
section 4(a) of the Land and Water Conservation Fund Act of 1965, as
amended.
* * * * *
Sec. 291.10 [Redesignated as Sec. 291.3]
4. Redesignate Sec. 291.10 as Sec. 291.3.
Dated: December 19, 1995.
Mark Gaede,
Acting Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 96-767 Filed 1-22-96; 8:45 am]
BILLING CODE 3410-11-M