General Comments

Section 261.14--Developed Recreation Sites

Comment

The proposed rule removed Sec. 261.14(p) of the current rule, which prohibited distribution of printed material without a special use authorization at developed recreation sites.


This prohibition was subsumed in the prohibition of distribution of printed material without a special use authorization contained in Sec. 261.10(g) of the proposed rule, which applied throughout the National Forest System.

Two respondents commented on this provision. One respondent stated that this prohibition should apply only to commercial distribution of printed material. The other stated that it is unclear what the removal of this provision from the rule means that it is acceptable if it means that there is no longer a permit requirement for distribution of printed material at developed recreation sites.

Response

The Department has removed Sec. 261.14(p) of the current rule, which prohibits distribution of printed material without a special use authorization at developed recreation sites, because it is redundant.

Section 261.10(g) of the current rule prohibits distribution of printed material without a special use authorization throughout the National Forest System, including at developed recreation sites.

In addition, the prohibition contained in Sec. 261.14(p) of the current rule is too broad. 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, in Sec. 261.10(g) of the final rule, the Department has limited the prohibition currently found at Sec. 261.14(p) to commercial distribution of printed material without a special use authorization.


Administrative Hearing

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