Contents
Topic and
background
Text
of notice
(.pdf document)
Comments
filed by the Ornithological Council (.pdf document)
Update January 2005:
The final
rule (.pdf document) has been
issued. The Forest Service disagreed that "ornithological research
should be categorically exempt from the special use authorization
requirement. Whether a specific ornithological research project is
exempt from the special use
authorization requirement would be determined based on the
characteristics of that proposal in accordance with § 251.50(e) of
the final rule."
Topic and
background: USDA
Forest Service requires permits for most activities on National Forests
and National Grasslands. Activities other than those authorized by the
regulations governing the disposal of timber and minerals and the
grazing of livestock are considered "special uses" and Forest Service
regulations require authorization for all ‘‘special uses’’ in the form
of a special use permit.
In this proposed amendment to the "special
use regulation, the FS considered creating exemptions to the special
use permit requirement where the permit would be unnecessary to
establish terms and conditions to protect National Forest System lands
and resources or to avoid conflict with agency programs or operations.
The kinds of activities that would qualify
as exempt would have the following characteristics: (1) the proposed
use will have such nominal effects on National Forest System lands,
resources, or
programs that it is not necessary to establish terms and conditions in
a special use authorization to protect National Forest System lands and
resources or to avoid conflict with National Forest System programs or
operations; (2) the proposed use is regulated by a State or another
Federal agency in a manner that is adequate to protect National Forest
System lands and resources and to avoid conflict with National Forest
System programs or operations ..
The Ornithological Council suggested to
the Forest Service that most ornithological research would meet these
conditions and thus should be exempt from the special use permit
requirement.
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