General Comments

Section 261.10--Occupancy and Use

Comment

Section 261.10(g) of the proposed rule prohibited distribution of any printed material without a special use authorization.

Five respondents commented on this provision. Three respondents commented hat the reasons cited for this provision are inadequate. One of these respondents stated that posting, affixing, or erecting printed material does not have the same significant impact on forest resources as clear-cutting. Another stated that there have not been any traffic jams from Rainbow Family members distributing leaflets, that the amount of printed material posted on trees would undoubtedly be small, and that these concerns can be addressed in a rule regulating traffic and posting, affixing, or erecting written materials on trees. One respondent stated that affixing printed material in the national forests might cause resource damage, but that this concern is addressed by existing laws, as are the concerns about traffic and danger to the person distributing the material.

Two respondents advised the agency to remove this provision and address resource damage as it occurs.

One respondent advised that this prohibition should apply only to commercial distribution of printed material.

Response

The Department has carefully examined the special use authorization requirement for noncommercial distribution of printed material.

Based on the comments received on resource impacts and on the Department's review of resource impacts associated with noncommercial distribution of printed material, the Department has determined that these impacts are not significant enough to warrant regulation at this time.Therefore, the Department has limited the prohibition in Sec. 261.10(g) of the final rule to commercial distribution of printed material without a special use authorization.

Section 261.10(h)

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