Letter from PCU 1/31/94

P.O. Box 27217
Washington, D.C. 20038
(202) 462-0757

January 31, 1994
Certified Mail No. P150 697 797

Jim Lyons
Assistant Secretary for Natural Resources and the Environment
Department of Agriculture, room 217-E
14th and Independence SW
Washington, D.C, 20250

Dear Mr. Lyons:

Thank you for your response dated January 27, 1994 to our October 15, 1993 "Perspectives Package."

At the AFSEEE Conference in September, 1993, you told Mr. Scott Addison that you were unfamiliar with proposed amendments to 36 C.F.R. 251 & 261. You asked for information on the issue. In response Mr. Addison delivered the Perspectives Package to your office.

Nonetheless, I understand, the Perspectives Package ended up with Ellen Hornstein of the Attorney General's office. We've been having some misunderstanding with Ms. Hornstein. See, enclosed, copy already sent to your office.
...our "staff informs (you) ... much of the materials ... appear to be copies of materials submitted during the comment period."

True, because you were unfamiliar with the issue, material from the public comment was included for your convenience.

We suspect Ms. Hornstein may be giving you erroneous or incomplete advice. We are not requesting "ex parte communication. Did your staff inform you that there are less restrictive alternatives to this regulation?

Apparently your staff informs you that permit requirements would "comply with First Amendment requirements of free speech and assembly." With all due respect, on this point alone "outside the agency ... argument respecting the merits of proposed rules" deserves your serious consideration before you sign off on the regulation. 1 C.F.R. 305.77-3.

We suggest a meeting between the progenitors of the proposed amendments to 36 C.F.R. 251 & 261 and all interested parties. Such a meeting is entirely appropriate. E.g., 5 U.S.C. 609(4).

In service to peace through understanding,

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