Comment:This was a technical rather than a substantive
Two respondents commented on this provision. One respondent stated that if the
Forest Service defers to the findings of another agency, an application for a special
use authorization could be subjected to the agenda of any part of government. The other
respondent commented that this provision applies a large body of administrative law to
the review of applications for a special use authorization, subject to the discretion
of the authorized officer, and places the burden of documenting the findings of other
agencies on the applicant.
A provision in Sec. 251.54(e)(1) of the existing rule
requiring the Forest Service to give due deference to the findings
of another agency, such as a public utility commission, the Federal
Energy Regulatory Commission, or the Interstate Commerce
Commission, in lieu of another detailed finding, was proposed to be
moved to a new Sec. 251.54(f)(4) of the proposed rule, since this
provision relates to the processing of applications rather than to
This provision was not subject to substantive amendment under the proposed
rule, is not being amended by the final rule, and has no bearing on the subject matter
of this rule.
Therefore, this provision is beyond the scope of this rulemaking.
Nevertheless, the Department believes that this provision makes the application process
more efficient by allowing the Forest Service to defer to relevant findings of other
agencies, rather than making another detailed finding, in evaluating applications for
commercial special use authorizations.
Listing of Comments
FS Regulation Page