U.S. Forest Service Regulations Petition
PCU //\ Free Assembly
Project /
_//\__________________________an Association of Volunteers__/
20 September 2021 ~
PUBLIC INFO RELEASE ~
FS Regs Petition | Revival in DC
In June 2018 PCU•FAP presented a formal "Petition
to Amend a National Forest Regulation" to the Dept. of
Agriculture, under provisions of the Administrative Procedure Act.
It got no response for 17 months, then was curtly dismissed with no
real consideration - so the USFS 'Noncommercial Group Use' permit
regulations that have afflicted the Rainbow Gatherings for 25 years
remain in effect, the problems persist and still demand a real
solution.
[]> That Petition has just been resubmitted to
the new USDA & Forest Service leadership, with a new
cover letter calling for their "...conscientious review
and proper proceedings, as APA & Agency rules require."
The full package is outlined in the Summary below, with direct links
to the documents conveyed (PDF format) – in full disclosure, as
always.
• The Core Dilemma: The current 'Group Use' rules are
unconstitutional, where citizens who assemble cooperatively with no
'Group' affiliation or legal entity are precluded from authorization
in the National Forest: Gathering as individuals and equals on
public land, they have no ad hoc agent capacities and cannot
lawfully sign permits or anything on behalf of others… to do so
would be fraud.
As a result of these applied policies, some good people have
been jailed, many hundreds prosecuted, and thousands intimidated and
chilled in First Amendment exercise. Early legal fights failed for
various bad reasons, then strategic wins in West Virginia, Colorado,
and New Mexico exposed the flaws in the Regs - but these
unprecedented issues are still left unresolved in the courts.
• What the Petition Does: This rulemaking proposal would
revise the regulations at 36 CFR 251.50, et seq. - to
legalize 'Public Assembly' as a special use, and allow fair
authorization by Operating Plan. It takes decisive action on
decades of aspirations and the "Change-the-Regs" parleys joined by
stakeholders (c. 2003-08) - which were brought to the USDA
UnderSecretary back then, resumed some years later, but never
carried through.
This is the proper affirmative approach, and the right thing to
do: It proceeds under the 'Right to Petition' reserved under the
Administrative Procedure Act, requiring federal agencies to receive
and review such proposals on the merits, with a transparent
process. This is a viable path to legal remedies, apart from the
courts.
• Caveat & Strategic Coup: The Petition is a *formal*
proposal to amend the Code of Federal Regulations - technical in
construction & content as required, 27 pp. Each of 5 Parts has
a purpose in stating the precise changes, compelling need, legal
grounds, and workable means, with 6 surgical Exhibits in support.
It's a serious work product, made to do a hard job and change a bad
law - no shortcuts.
Then realize that if gatherers won the big definitive court
case, the Regs would not just go away… they would be revised to
ensure the right and ability of citizens to gather lawfully, so
just cut to the chase: Write them Right, mandating OpPlans in
lieu of permits for true public assemblies, to enable cooperation,
meet high special use standards and work sustainably under the
Constitution & on the Land.
A generation of gatherers hoped and fought for this fair rule...
this initiative is a direct action to Get It.
The story and logic of the project are outlined on this
webpage, with direct PDF links to all the documents:
https://www.free-assembly.org/gather/campaigns/amend-regs/
The discussion goes to the Petition's scope & legal grounds, how
Operating Plans work as an alternative means of special use
regulation, and the sensitive but necessary role of “volunteers” in
the process. The proposal is mindful of the proper duties of
responsible Foresters, aligned with their valid administrative
concerns - and the Memorandum on Group Use Policies (Part
IV, pg.9) builds upon the best legal briefs in related court cases
since 1996.
As noted, these issues have a history with the Office of
Natural Resources & Environment, USDA... PCU•FAP has
made a strong record of policy critiques with Under Secretary Mark
Rey and his successor in recent years:
https://www.free-assembly.org/gather/campaigns/rey-critcorr02-08/
This gives leverage to the renewed Regs Petition... they have
been told before, and real remedies are overdue.
Reality Check: Nothing happens if nobody shows up...
public-interest politics runs on public support. A New Campaign has
to roll out in the coming months; for now, get the new 'Public
Petition' here, with instructions, batteries not included:
https://www.free-assembly.org/libtree/pub-petition/
Look for further info on where good letters can go, and plans for
outreach to media, organizations, and Congress.
Cooperation will be needed, the mission is time-sensitive,
to be fulfilled by Summer 2022:
The Vision is for the 50th Anniversary Rainbow Gathering in Colorado
to convene lawfully with an OpPlan under new Regs as proposed -
achieving a decisive Win for the Right to Gather, and for the First
Amendment on all public lands.
This is what democracy looks like… use it or lose it.
Onward, — S
Petition Package SUMMARY:
~ Conveyance letter,
resubmitting the
rulemaking
proposal (2 pp.)
+ Attachments:
~ Prior Corr with USDA - 6/19 Demand, 11/19
Denial) (3 pp.)
~ Original Petition as presented to USDA, in
5 Parts (27 pp.)
List
of Exhibits:
~ 6 select Documents, Exhibits ‘A’-'F'
in support (43 pp. total)
On 10/8/21 11:23 AM, T wrote:
Great to hear about this... and thanx for putting so much work into it.
But my question is: Are they accepting public comments on it yet?
When they are, could you put out a *brief* notice to Rainbows, so we
can spread the word. Brief, concise, terse... you know, like two or
three sentences describing the whole thing, and who to write
to. Communicating to average citizens is different than a complex,
long winded, court filing.
Looking forward to it. — T
...no, Thank YOU for being so observant, as always.
...yes, the Regs Petition is a real thing done right -- not just for
show or a symbolic gesture:
The work went into creating a real opportunity: This is a way to Win,
so don't blow the chance.
Folks need to understand the long fight for the right to Gather, and how
this moves the historic 1st Amendment mission. After years of legal
war, now it's Political - pushing for the solution, with allied voices
loud enough to Get it - like it or not.
— Grace Slick: "Compared to your scream, the human dream doesn't
mean shit to a tree."
...ah, the problem of "Communicating" -- everything spoken must be said
in a sound-bite, everything written has to be short enough and long
enough at the same time (?!). Pandering to slack and short attention
spans gets tiresome… clever words making big things small are just
foolish. With respect for this topic, it's fair to demand a little
focus, like a darn night of high school homework.
— Albert Einstein: "Everything should be made as simple as possible,
but not simpler."
...and, answering your good Question -- No, USDA is not yet ready for
public comments::: the Office of Natural Resources & Environment is in
post-Trump transition, awaiting Senate confirmation of the new Under
Secretary, and still curtailed under Covid precautions.
You're right, this is the formal public record upon which final policy
decisions will be made - it is the most important place for earnest and
able voices to be heard.
...but, doing other timely things Now -- check on your Congress & Senate
reps, especially on Judiciary and Agriculture Committees: Let them know
that the Regs Petition has been submitted on core constitutional
grounds, inform them on the issues and call for oversight to assure that
USDA handles it properly. I started this path with my Rep. Cori Bush on
the House Judiciary Commitee, sent her staff the info release & links,
following up.
To be clear on the status of this project: USDA officials have
not yet determined the process for this proposed rulemaking, and how it
might be expedited... that first discussion is happening soon, will report.
If they do it right, a formal public 'Notice' will be published in the
Federal Register, laying out the scope of the proposal, with
destinations and dates of a specified timeframe for accepting letters.
If they do it wrong or the process stalls, different letters will be
necessary, about following the law.
Hope this helps, not too too long.
On Mon, 11 Oct 2021 22:28:46 +0000 (UTC), T wrote:
check on your Congress & Senate reps,
especially on Judiciary and Agriculture Committees
In MA there is only one member of Congress with such a committee assignment
— Jim McGovern of the 2nd District is on the Ag Committee
— T
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