Section 251.54--Special Use Applications.
This section of the existing rule
prescribes procedures and requirements for processing applications for special use
Section 251.54(a) of the existing rule encourages all
proponents to contact an authorized officer as early as possible so
that potential constraints may be identified, the proposal can be
considered in forest land and resource management plans (forest
plans) if necessary, and processing of an application can be
The proposed rule offered a technical
amendment to Sec. 251.54(a) to make clear that the proponent will
be given guidance and information about the items listed in Secs.
251.54(a)(1) through (a)(8) only to the extent applicable to the
proposed use and occupancy.
Three respondents commented on this provision. One respondent commented that the
word ``encourage'' in Sec. 251.54(a) is too vague. Another respondent commented that
Sec. 251.54(a) is too vague and allows the Forest Service to delay processing of an
application by asking for more information. Anotherrespondent noted that ``providing
for consideration of proposals in forest plans if necessary'' allows the agency either
to move existing uses or activities that conflict with a proposal or to deny a permit
for the proposal.
These comments address a provision in the existing rule that was not
proposed for amendment and which is therefore beyond the scope of this rulemaking.
However, the Department wishes to assure those who commented that the intent of Sec.
251.54(a) is to encourage proponents to talk to the Forest Service about proposed uses
and activities as early as possible and even before an application is submitted so as
to facilitate, not delay, the processing of applications.
The rules in subpart B of part 251 apply to all special uses, both commercial and
noncommercial. The amendment proposed to Sec. 251.54(a) was in the last sentence and
was necessary to ensure that applicants for noncommercial group uses receive relevant
information. For example, as noted in the preamble of the proposed rule, fees and
bonding requirements listed in Sec. 251.54(a)(4) do not apply to applications for
noncommercial group uses.
Listing of Comments
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