General Comments
Comment:
Ample Alternative Channels for Communication.
Approximately 27 respondents felt that the proposed regulation does
not leave open ample alternative channels of communication. These
respondents stated that there is no adequate substitute for
peaceable assembly as a form of communication; without a permit, a
proposed activity could not occur on National Forest System lands;
and that the Rainbow Family is not an organized group and has no
other place to go.
Response.
The Department disagrees with these comments.
The final rule leaves open
ample alternative channels of communication. The final rule does not restrict, and is
not intended to restrict, freedom of thought or expression. Nor does the final rule
prohibit any expressive activities. Rather, the final rule requires a special use
authorization for noncommercial group uses on the national forests. Moreover, Sec.
251.54(h)(2) of the final rule provides that if an application is denied and an
alternative time, place, or manner will allow the applicant to meet all the evaluation
criteria, the authorized officer shall offer that alternative.
Enforceability
Listing of Comments
FS Regulation Page