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
Listing of Comments
FS Regulation Page