General Comments

Comment:

Noncommercial Distribution of Printed Material.


Several respondents commented on some issues pertaining to the requirement to obtain a special use authorization for noncommercial distribution of printed material.

Approximately 19 respondents stated that the agency's concerns about adverse impacts associated with noncommercial distribution of printed material are hypothetical or inadequate to justify the regulation.

One respondent stated that the Bible or other religious tracts could be banned under the proposed rule.

Four respondents stated that the special use authorization requirement for noncommercial distribution would allow the agency to censor printed material.

Six respondents stated that the proposed rule singles out expressive conduct in regulating noncommercial distribution of printed material.

Three respondents stated that the agency can address resource problems associated with noncommercial distribution by establishing a specific and objective policy on posting, fixing, or erecting printed material and on maintaining safe traffic conditions, rather than deciding on a case-by-case basis where and when the activity will be allowed.

One respondent, citing United States v. Picciotto, 875 F.2d 345 (D.C. Cir. 1989), argued that resource problems associated with posting, affixing, or erecting printed material cannot be addressed by adding unpublished conditions to special use authorizations, and that any desired restrictions must be published in a rule.

Another respondent advised the agency to promulgate regulations making each group responsible for its own discarded printed material.

Three respondents commented that regulations already exist for dealing with resource impacts associated with distribution of printed material.

Seven respondents questioned where they could distribute noncommercial printed material if they could not do it on public lands.

One respondent stated that distribution is defined too broadly in the proposed rule to allow for ample alternative channels of communication.

Five respondents stated that the special use authorization requirement for noncommercial distribution of printed material could have the effect of stifling legitimate public protests of Forest Service activities.

One respondent commented that a permit for noncommercial distribution of printed material could be denied for any reason.

Response.

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, the Department has removed from the final rule the special use authorization requirement for noncommercial distribution of printed material.


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