[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Notices]
[Pages 56317-56318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27617]
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DEPARTMENT OF AGRICULTURE
Forest Service
Outfitting and Guiding Permit Administration and Fees
AGENCY: Forest Service, USDA.
ACTION: Correction of final policy.
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SUMMARY: The Forest Service is making technical corrections to the
final policy published June 12, 1995 (60 FR 30830), governing issuance
and administration of permits and assessment of fees for outfitting and
guiding activities on National Forest System lands.
EFFECTIVE DATE: This corrected policy is effective November 8, 1995.
FOR FURTHER INFORMATION CONTACT:
John Shilling, (202) 205-1426, Recreation, Heritage, and Wilderness
Resources Management Staff (2340), Forest Service, USDA, P.O. Box
96090, Washington, D.C. 20090-6090.
SUPPLEMENTARY INFORMATION: The final policy published June 12, 1995 (60
FR 30830), on outfitting and guiding permit administration and fees on
National Forest System lands contained a few technical errors that must
be corrected: (1) To clarify that the minimum fee for outfitting and
guiding is set every three years, beginning in 1993; and (2) to ensure
consistency with the requirements of the Wilderness Act (16 U.S.C. 1131
et seq.) as interpreted in applicable court decisions with respect to
caches in wilderness and to development, improvements, and
installations in wilderness.
The corrected policy is being issued by amendment to chapters 30
and 40 of Forest Service Handbook 2709.11, Special Uses Handbook. The
corrected policy reads as follows:
1. Chapter 30, Fee Determination, Section 37.05, Definition for
``Revenue Additions,'' paragraph 2: ``The value of
[[Page 56318]]
gratuities, which are goods, services, or privileges that are not
available to the general public and that are donated or provided
without charge to organizations; individuals; the holder's employees,
owners, or officers; or immediate family members of the holder's
employees, owners, or officers.''
The agency has removed the words ``or at a discount'' from this
definition because goods, services, or privileges provided at a
discount are not gratuities, but rather are a form of revenue. The
value of goods, services, or privileges provided at a discount is
subsumed in gross revenue for the purpose of fee calculation.
2. Chapter 30, Fee Determination, Section 37.21a: ``The minimum fee
for outfitting and guiding on National Forest System lands is $70
annually per permit for 1993-1995. Using 1993 as a base year, the
Washington Office Director of Recreation, Heritage, and Wilderness
Resources Management shall adjust the minimum fee every three years
based on the Gross Domestic Product-Implicit Price Deflator Index.''
Formerly, the time period specified in the supplementary
information and policy was 1993-1996, which spans four years. Because
the agency's intent was to establish a minimum fee every three years,
the time period has been changed accordingly to 1993-1995. The policy,
which previously stated that the Director ``adjusts'' the minimum fee
every three years, also has been revised to use ``shall adjust'' to
convey mandatory action by the Director.
3. Chapter 40, Special Uses Administration, Section 41.53b,
paragraph 2: ``Do not authorize any development or permanent
improvements in non-wilderness on the National Forest System for
outfitting and guiding services, except for structures, improvements,
or installations with negligible value that have minimal impact on
forest resources, such as hitching posts, corrals, tent frames, and
shelters.''
The agency has added ``in non-wilderness'' to distinguish the
policy in this paragraph on development and permanent improvements in
non-wilderness, from the policy in the following paragraph 3 on
development and permanent improvements in wilderness. The agency has
removed ``temporary,'' which formerly modified ``structures or
improvements or installations,'' because it was inconsistent with the
reference to ``development or permanent improvements'' at the beginning
of this paragraph. For consistency in wording, the agency has
substituted a comma for the word ``or'' between ``structures'' and
``improvements'' and added a comma after ``improvements.'' The agency
has added ``that have minimal impact on forest resources'' to further
clarify when development or permanent improvements may be authorized in
non-wilderness.
4. Chapter 40, Special Uses Administration, Section 41.53b,
paragraph 3: ``Do not authorize any development, improvements, or
installations in wilderness on the National Forest System for the
purpose of convenience to the holder or the holder's clients. Do not
authorize any caches in wilderness. The authorized officer may not
authorize permanent structures, improvements, or installations in
wilderness unless they are necessary to meet minimum requirements for
administration of the area for the purposes of the Wilderness Act (16
U.S.C. 1133c).''
For consistency in wording with related direction on non-wilderness
in the preceding paragraph 2 of this section, the agency has added an
``s'' to ``improvement'' and ``installation'' and also has added ``on
the National Forest System'' after ``in wilderness'' in the first
sentence of paragraph 3. To ensure consistency with the requirements of
the Wilderness Act as interpreted in applicable court decisions, the
agency has added a prohibition on authorizing caches in wilderness and
has changed ``temporary'' to ``permanent'' as a modifier for
``structures, improvements, or installations in wilderness'' in the
last sentence. The agency also has corrected the citation in the last
sentence from 16 U.S.C. 1121 (note) to 16 U.S.C. 1133c.
Dated: November 2, 1995.
Mark A. Reimers,
Acting Chief.
[FR Doc. 95-27617 Filed 11-7-95; 8:45 am]
BILLING CODE 3410-11-M
