Forest Service, USDA.
This document contains corrections to the final rule governing the Forest Service's Special Use Program that was published in the Federal Register on December 24, 2009 (74 FR 68379). These corrections add phrases which were inadvertently omitted from the final rule and which are necessary to reflect properly the Forest Service's authority to revoke or suspend special use authorizations under the Federal Land Policy and Management Act.
Effective on March 26, 2010.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Julett Denton, Lands Special Uses Program Manager, (202) 205-1256.End Further Info End Preamble Start Supplemental Information
In 36 CFR 251.60(a)(2)(i) and (ii), governing revocation and suspension of special use authorizations, the phrase “§ 251.53(e) and (1)” is replaced with “§ 251.53(e) or an easement issued under § 251.53(l).” In 36 CFR 251.60(g), also governing revocation and suspension of special use authorizations, “§ 251.53(e) and (l)” is replaced with “§ 251.53(e) or easements issued under § 251.53(l).” These corrections are necessary to continue to reflect that only revocation or suspension of an easement, not a permit, is subject to formal administrative proceedings under the Federal Land Policy and Management Act.Start List of Subjects
List of Subjects in 36 CFR Part 251
- Administrative practice and procedure
- Electric power
- National forests
- Public lands--rights-of-way
- Reporting and recordkeeping requirements
- Water resources
Accordingly,End Amendment Part Start Part
PART 251—LAND USES
Subpart B—Special UsesEnd Part Start Amendment Part
1. The authority citation for part 251 continues to read as follow:End Amendment Part Start Amendment Part
2. In § 251.60, revise paragraphs (a)(2)(i), (a)(2)(ii), and (g) to read as follows:End Amendment Part
(a) * * *
(2) All other special uses—(i) Revocation or suspension. An authorized officer may revoke or suspend a special use authorization for all other special uses, except a permit or an easement issued pursuant to § 251.53(e) or an easement issued under § 251.53(l) of this subpart:
(ii) Administrative review. Except for revocation or suspension of a permit or an easement issued pursuant to § 251.53(e) or an easement issued under § 251.53(l) of this subpart, suspension or revocation of a special use authorization under this paragraph is subject to administrative appeal in accordance with 36 CFR part 251, subpart C, of this chapter.
(g) The authorized officer may suspend or revoke permits or easements issued under § 251.53(e) or easements issued under § 251.53(l) of this subpart under the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings instituted by the Secretary under 7 CFR 1.130 through 1.151.
Dated: March 20, 2010.
[FR Doc. 2010-6630 Filed 3-25-10; 8:45 am]
BILLING CODE 3410-11-P