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Sawtooth National Recreation Area--Private Lands; Increasing Residential Outbuilding Size
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[Federal Register: September 13, 2004 (Volume 69, Number 176)]
[Rules and Regulations]
[Page 55092-55094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se04-5]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 292
RIN 0596-AC00
Sawtooth National Recreation Area--Private Lands; Increasing
Residential Outbuilding Size
AGENCY: Forest Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department is adopting, as final, regulations that revise
the building standard for residential outbuildings within the Sawtooth
National Recreation Area in Idaho. This final rule provides that not
more than two outbuildings could be constructed with each residence for
an aggregrate square foot area of the outbuildings not to exceed 850
square feet from the current 400-square-foot standard, and limits such
outbuildings to one story. This regulation also allows residents to
construct two-car garages and increase indoor storage areas to protect
personal property and equipment, thereby reducing the need for
unprotected and unsightly outdoor storage.
DATES: Effective Date: This final rule is effective October 13, 2004.
FOR FURTHER INFORMATION CONTACT: Jonathan Stephens, Recreation, and
Heritage Resources Staff, Forest Service, USDA, (202) 205-1701; or Ed
Waldapfel, Public Affairs Officer, Sawtooth National Forest (208) 737-
3219.
SUPPLEMENTARY INFORMATION: The Sawtooth National Recreation Area (SNRA)
in Idaho on the Sawtooth National Forest was created when Congress
passed Public Law 92-400 in 1972 to assure the preservation and
protection of the natural, scenic, historic, pastoral, and fish and
wildife values and the enhancement of recreational values. The act
directed the Secretary of Agriculture to develop regulations setting
standards for the use, subdivision, and development of privately owned
property within the boundaries of the recreation area. The current
regulations at Title 36 of the Code of Federal Regulations, part 292,
subpart C (36 CFR part 292, subpart C), were adopted in 1974 (39 FR
11544) and were amended in 1976 and 1989 (41 FR 29379, 54 FR 3368).
Section 292.16(e)(2)(ii) sets out a residential building standard
providing that each residence on private land within the SNRA may have
not more than two outbuildings at an aggregate area not to exceed 400
square feet.
The act establishing the SNRA recognizes that the Secretary may
from time to time amend these regulations. The SNRA regulations at
section 292.14(b) require that any amendment to the regulations shall
include publication of a notice of a proposed rulemaking in the Federal
Register to provide interested persons the opportunity to comment
before adoption of a final rule. The Forest Service promulgated a
proposed rule and requested public comment on Apri 22, 2004 (69 FR
21796).
The Forest Service proposed to increase the residential building
standard for the two allowable outbuildings to 850 square feet and to
limit such outbuildings to one story. The agency previously received
numerous comments from the public indicating that the current
residential outbuilding size standard is inadequate and supporting the
need to increase this size standard. These comments were received in
response to the environmental assessment prepared in 2000 for proposed
revision of the Sawtooth National Forest land and resource management
plan.
This increase in the standard for the maximum square footage of the
two allowable residential outbuildings allows the private landowners to
construct two-car garages and increase indoor storage areas to protect
personal property and equipment, thereby reducing the need for
unprotected and unsightly outdoor storage.
Summary of Public Comments and the Department's Responses
General Comments: The proposed rule was published in the Federal
Register on April 22, 2004, for a 60-day public comment period (69 FR
21796). In addition, to the Federal Register notice, a news release was
distributed to 39 local and regional media outlets, organizations and
elected officials. A personal postcard was mailed to more than 450
private landowners within the Sawtooth National Recreation Area. The
Forest Service received 9 comments on the proposed rule. Comments were
received by the following: 5 individuals, 2 organizations, 1 agency and
1 business. In general, all respondents were supportive of the proposed
rule. Respondents recognized the need for a limited increase in the
size of outbuildings within the Sawtooth National Recreation Area.
Response: The Department does not intend to make any revisions to
the proposed rule. Therefore, the rule, as proposed, is being adopted
as final.
Comment on Enforcement of Outbuilding Standards: One respondent
expressed concern that the current regulation for outbuildings was not
adequately enforced over the last 20 years.
Response: The Forest Service is responsible for enforcement of the
new regulation. The Forest Service remains committed to enforce the new
regulation to protect the scenic integrity of the Sawtooth NRA.
Comment on working with local counties: One respondent stated that
there is a need to work with the local counties for enforcement of the
new regulation.
Response: The Forest Service recognizes the need to work with the
local communities in enforcement of the new regulation. The Forest
Service will be working with the local county assessors office to
inform landowners about the new regulations.
Comment on outdoor storage for equipment: One respondent expressed
concern about strorage of outdoor recreation equipment. The respondent
is concerned that the new regulation will not address some additional
outdoor storage needs.
Response: The Department believes that this new regulation will
address the respondent's concern about storage of outdoor recreation
equipment by providing additional space for private landowners.
Comment on property with current scenic easements: One respondent
expressed concern about whether or not property owners with existing
scenic easements will be covered under the new regulation.
Response: The Department believes that language used in the
property owners existing scenic easement will deterimine whether or not
these property owners with existing scenic
[[Page 55093]]
easements are covered by this regulation.
Regulatory Certifications
Regulatory Impact
This final rule has been reviewed under USDA procedures and
Executive Order 12866 on Regulatory Planning and Review. The Office of
Management and Budget (OMB) has determined that this is not a
significant rule. This final rule would not have an annual effect of
$100 million or more on the economy, nor adversely affect productivity,
competition, jobs, the environment, public health or safety, nor State
or local Governments. This final rule would not interfere with an
action taken or planned by another agency, nor raise new legal or
policy issues. Finally, this rule would not alter the budgetary impact
of entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients of such programs. Accordingly, this final
rule is not subject to OMB review under Executive Order 12866.
Proper Consideration of Small Entities
This final rule has been considered in light of Executive Order
13272 regarding proper consideration of small entities and the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which
amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). It has
been determined that this final rule would not have a significant
economic impact on a substantial number of small entities as defined by
SBREFA. This final rule imposes minimal additional requirements on the
affected public, which includes the owners of private property and
residences within the Sawtooth National Recreational Area. The increase
of the allowable outbuilding size to 850 square feet is responsive to
comments already received from the affected public stating that the
current allowable square footage under the existing rule is inadequate.
These comments were received in response to an environmental assessment
prepared in 2000 for the proposed amendment of the Sawtooth National
Forest land and resource management plan. The changes are necessary to
protect the public interest, are not administratively burdensome or
costly to meet, and are well within the capability of small entities to
perform.
Environmental Impact
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43180;
September 18, 1992) excludes from documentation in an environmental
assessment or impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions' that do not significantly affect the quality of the human
environment. This final rule provides additional storage for
residential outbuildings on private lands within the Sawtooth National
Recreation Area. The agency's assessment is that this final rule falls
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environmental assessment or
environmental impact statement. Furthermore, public comments indicating
that the current 400-square-foot limit is inadequate were previously
received in response to an environmental assessment prepared in 2000
for the proposed amendment of the Sawtooth National Forest land and
resource management plan.
No Takings Implications
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights, and
it has been determined that the final rule does not pose the risk of a
taking of private property.
Federalism
The agency has considered this final rule under the requirements of
Executive Order 13132, Federalism, and has concluded that the final
rule conforms with the federalism principles set out in this Executive
order; would not impose any compliance costs on the States; and would
not have substantial direct effects on the States or the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, the agency has determined that no further assessment of
federalism implications is necessary.
Consultation and Coordination With Indian Tribal Governments
This final rule, which is applicable only to private lands within
the Sawtooth National Recreation Area, does not have tribal
implications as defined by Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments, and therefore advance
consultation with tribes is not required.
Energy Effects
This final rule has been reviewed under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined that this final rule does
not constitute a significant energy action as defined in the Executive
order.
Controlling Paperwork Burdens on the Public
This final rule does not contain any additional record keeping or
reporting requirements or other information collection requirements as
defined in 5 CFR part 1320 that are not already required by law or not
already approved for use and, therefore, imposes no additional
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Unfunded Mandates Reform
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,
which the President signed into law on March 22, 1995, the Department
has assessed the effects of this final rule on State, local, and tribal
governments and the private sector. This final rule does not compel the
expenditure of $100 million or more by any State, local, or tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the act is not required.
Civil Justice Reform
This final rule has been reviewed in accordance with Executive
Order 12988, Civil Justice Reform. After adoption of this rule as
final, (1) all State and local laws and regulations that conflict with
this rule or that would impede full implementation of this rule would
be preempted, (2) no retroactive effect would be given to this rule;
and (3) this final rule would not require the use of administrative
proceedings before parties could file suit in court challenging its
provisions.
List of Subjects in 36 CFR Part 292
Mineral resources, Recreation and recreation areas.
? Therefore, for the reasons set forth in the preamble, the USDA Forest
Service amends 36 CFR part 292, subpart C as follows:
[[Page 55094]]
PART 292--NATIONAL RECREATION AREAS
Subpart C--Sawtooth National Recreation Area--Private Lands
? 1. The authority citation for subpart C continues to read as follows:
Authority: Sec. 4(a), Act of Aug. 22, 1972 (86 Stat. 613).
? 2. Amend Sec. 292.16 by revising paragraph (e)(2)(ii) to read as
follows:
Sec. 292.16 Standards.
* * * * *
(e) * * *
(2) * * *
(ii) Not more than two outbuildings with each residence. Aggregate
square foot area of outbuildings not to exceed 850 square feet and to
be limited to one story not more than 22 feet in height.
* * * * *
Dated: September 7, 2004.
David P. Tenny,
Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 04-20592 Filed 9-10-04; 8:45 am]
BILLING CODE 3410-11-P