(2) A decision by an authorized officer's immediate supervisor in response to a request for substitution of an alternative fee category or alternative estimated costs likewise is not subject to administrative appeal. A recreation residence lot is considered to be in its natural, native state at the time when the Forest Service first permitted its use for a recreation residence. PDF Frequently Asked Questions about Forest Service Cabins (ix) The proposed use does not involve disposal of solid waste or disposal of radioactive or other hazardous substances. (1) Public service enterprises. A Permit for Archeological Investigations ("Permit;" also known as "ARPA Permit") is required for an archeological investigation conducted by non-NPS personnel on fee-simple park lands unless carried out under a supervised contract or cooperative agreement with NPS for archeological services. Fees for processing an application for a new special use authorization shall apply to any application formally accepted by the agency on or after March 23, 2006 and to any application formally accepted by the agency before March 23, 2006, which the agency has not commenced processing. The rates in the schedules shall be updated annually by using the annual rate of change, second quarter to second quarter, in the Implicit Price Deflator-Gross Domestic Product (IPDGDP) index. Passes & Permits Recreation Passes & Permits Learn more about recreation passes, where they are required and which passes are offered. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Considerations of public safety must not include concerns about possible reaction to the users' identity or beliefs from non-members of the group that is seeking an authorization and shall be limited to the following: (1) The potential for physical injury to other forest users from the proposed activity; (2) The potential for physical injury to users from the physical characteristics of the proposed site or natural conditions associated with the proposed site; (3) The potential for physical injury to users from scheduled or existing uses or activities on National Forest System lands; and. (b) When a special use authorization does not provide for renewal, it is discretionary with the authorized officer, upon request from the holder and prior to its expiration, whether or not the authorization shall be renewed. 932); rights-of-way transferred to States under 23 U.S.C. (a) Grounds for termination, revocation, and suspension . (c) Processing fee requirements. For proposals for noncommercial group use as well as for those proposals that meet the minimum requirements of paragraphs (e)(1)(i)-(ix), the authorized officer, to the extent practicable, shall provide the proponent guidance and information on the following: (i) Possible land use conflicts as identified by review of forest land and resource management plans, landownership records, and other readily available sources; (ii) Proposal and application procedures and probable time requirements; (iv) Applicable fees, charges, bonding, and/or security requirements; (v) Necessary associated clearances, permits, and licenses; (vi) Environmental and management considerations; (viii) identification of on-the-ground investigations which will require temporary use permits. (ii) Administrative review. -Kevin has appeared pro hac vice before the U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of California, U.S. District Court for the Northern District of California, U.S. District Court for Nevada, U.S. District Court for the Middle District of North Carolina and the U.S. Court of Appeals for the Second Circuit. This is an automated process for 1197), is prohibited. At least every 10 years from the approval date of an operating plan or agreement, the owner or operator shall review and, as necessary or appropriate, propose updates to the operating plan or agreement to ensure consistency with changed conditions. 1011(d)); (g) Permits under section 7 of the Act of April 24, 1950, 64 Stat. 7409. Liability for injury, loss, or damage, including fire suppression costs, in excess of the specified maximum shall be determined by the laws governing ordinary negligence of the jurisdiction in which the damage or injury occurred. (1) Each special use authorization must contain: (A) Carry out the purposes of applicable statutes and rules and regulations issued thereunder; (B) Minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (C) Require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and. Processing fees apply to proposals that require an application to amend or formally approve specific activities or facilities as identified in an existing authorization, operating plan, or master development plan. Minor categories may require documentation of environmental and associated impacts in an environmental assessment. 16 U.S.C. (5) Second-level screening of proposed uses. Right-of-way land authorized to be used or occupied for the construction, operation, maintenance and termination of a project or facility passing over, upon, under or through such land. (d) The grantor and all persons acting for or claiming under him shall maintain the premises and all buildings and structures thereon in proper repair and sanitation and shall comply with the National Forest laws and regulations and the laws and lawful orders of the State in which the premises are located. Contact Kevin to find out how he can help you. (b) In such circumstances, the authorized officer shall solicit applications competitively by issuing a prospectus for persons to apply for a visitor services authorization. Following this review, the superior officer shall take prompt action to affirm, modify, or cancel the suspension. Proposals accepted as applications which the agency has commenced processing prior to March 23, 2006 shall not be subject to processing fees. (d) No fee shall be charged when the authorization is for a noncommercial group use as defined in 251.51 of this subpart. If the holder, through death, voluntary sale, transfer, or through enforcement of a valid legal proceeding or operation of law, ceases to be the owner of the authorized improvements, the authorization terminates upon change of ownership. Historical operator a holder of a valid special use authorization to provide visitor services in a CSU under Forest Service jurisdiction who: (1) On or before January 1, 1979, was lawfully and adequately providing visitor services in that CSU; (2) Has continued lawfully and adequately to provide the same or similar types of visitor services within that CSU; and. Necessary for means that but for the application, the costs would not have been incurred and that the costs cover only those activities without which the application cannot be processed. A proposal which passes the initial screening set forth in paragraph (e)(1) and for which the proponent has submitted information as required in paragraph (d)(2)(ii) of this section, proceeds to second-level screening and consideration. A group of applications for similar uses may be evaluated with one analysis and approved in one decision. 6802(h)), for specialized recreation uses of National Forest System lands, such as group activities, recreation events, and motorized recreational vehicle use. A landowner also may be required to provide for the operation and maintenance of the road. (i) Monitoring fees in minor categories 1 through 4 are nonrefundable and shall not be reconciled. Except for proposals for noncommercial group uses, if a request does not meet the criteria of both screening processes or is subsequently denied, the proponent must be notified with a written explanation of the rejection or denial and any written proposal returned to the proponent. In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity. (vi) Provide for prompt and timely review of requests to conduct routine vegetation management. US Forest Service Manual Special Use Permits Guide. The superintendent must issue a permit or a written denial within ten days of receiving a complete and fully executed application. Each reservation of timber shall include a specific period of time within which material may be removed. Any activity which brings revenue to anyone using the permitted property, except for incidental rental that is not to exceed fourteen days. (iv) Category 4: More than 36 and up to and including 50 hours. Only so much of the surface of the lands shall be occupied, used, or disturbed as is necessary in bona fide prospecting for, drilling, mining (including the milling or concentration of ores), and removal of the reserved minerals, oil, gas, or other inorganic substances. (g) In addition to the other requirements of this section, the following factors shall be considered in authorizing access to non-federally owned lands over National Forest System lands which are components of the National Wilderness Preservation System: (1) The use of means of ingress and egress which have been or are being customarily used with respect to similarly situated non-Federal land used for similar purposes; (2) The combination of routes and modes of travel, including nonmotorized modes, which will cause the least lasting impact on the wilderness but, at the same time, will permit the reasonable use of the non-federally owned land; (3) The examination of a voluntary acquisition of land or interests in land by exchange, purchase, or donation to modify or eliminate the need to use wilderness areas for access purposes. Upon receipt of a request for any proposed use other than for noncommercial group use, the authorized officer shall screen the proposal to ensure that the use meets the following minimum requirements applicable to all special uses: (i) The proposed use is consistent with the laws, regulations, orders, and policies establishing or governing National Forest System lands, with other applicable Federal law, and with applicable State and local health and sanitation laws. (e) Any municipal watershed management agreements, special use authorizations, requirements, and/or restrictions shall be consistent with forest plans, or amendments and revisions thereto. [45 FR 38327, June 6, 1980, as amended at 63 FR 65968, Nov. 30, 1998]. (c) The information required to apply for access across National Forest lands under this subpart is approved for use under subpart B of this part and assigned OMB control number 05960082. If the holder fails to remove the structures or improvements within a reasonable period, as determined by the authorized officer, they shall become the property of the United States, but holder shall remain liable for the costs of removal and site restoration. (1) Initial screening. (1) Basis for monitoring fees. [28 FR 4440, May 3, 1963, as amended at 78 FR 33724, June 5, 2013]. Major category A processing or monitoring category requiring more than 50 hours of agency time to process an application for a special use authorization (processing category 6 and, in certain situations, processing category 5) or more than 50 hours of agency time to monitor compliance with the terms and conditions of an authorization (monitoring category 6 and, in certain situations, monitoring category 5). (a) Except as otherwise provided in paragraphs (b) and (c) of this section, in conveyances of lands to the United States under authorized programs of the Forest Service, where owners reserve the right to enter upon the conveyed lands and to prospect for, mine and remove minerals, oil, gas, or other inorganic substances, said reservations shall be subject to the following conditions, rules and regulations which shall be expressed in and made a part of the deed of conveyance to the United States and such reservations shall be exercised thereunder and in obedience thereto: (1) Whoever undertakes to exercise the reserved rights shall give prior written notice to the Forest Service and shall submit satisfactory evidence of authority to exercise such rights. formatting. Payment of the processing fee by the applicant does not obligate the Forest Service to authorize the applicant's proposed use and occupancy. (d) A right-of-way authorization serving another Federal agency will be limited, suspended, revoked, or terminated only after advance notice to, and consultation with, that agency. A recreation residence lot is not necessarily confined to the platted boundaries shown on a tract map or permit area map. The eCFR is displayed with paragraphs split and indented to follow COPYRIGHT 2023 THE GARDEN LAW FIRM, P.C. (11) Operator shall take all reasonable precautions to prevent pollution of the air, soil, and water, in operation hereunder. (3) Authorization of that use is required by an order issued under 261.50 or by a regulation issued under 261.70 of this chapter. (v) The life expectancy of associated facilities, licenses, etc. A historical operator may not operate without such an authorization. National Forest System road. However, if subpart B conflicts with subpart E, subpart E controls. The applicants are responsible for the costs of environmental analyses that are necessary for their applications and that are conducted prior to issuance of the prospectus. (v) Category 5: Master agreements. (vi) The proposed facility, project, or use will provide, without user or customer charges, a valuable benefit to the general public or to the programs of the Secretary of Agriculture. (b) Upon receipt of all applications from interested Native Corporations, the authorized officer shall determine the most directly affected Native Corporation considering the following factors: (1) Distance and accessibility from the Native Corporation's population centers and/or business address to the applicable CSU; (2) Socioeconomic impacts (including changes in historical and traditional use and landownership patterns) on Native Corporations resulting from establishment or expansion of the applicable CSU; and. 3, 2006]. (ii) All other special uses. Usda Forest Service Special Use Application and Permit for Government 580d) for periods not over 30 years for the use of structures or improvements under the administrative control of the Forest Service and land used in connection therewith; (h) Permits, term permits, leases, or easements as authorized by the Act of September 3, 1954, 68 Stat. PDF Compliance Manual Series Forest Service Recreation Residences information or personal data. (6) Review and approval of proposed operating plans and agreements. The estimated processing costs for category 5 and category 6 cases shall be reconciled as provided in paragraphs (c)(5)(ii) and (iii) and (c)(6)(ii) and (iii) of this section. Forest Service may permit the cutting of special products, or products the cutting of which is seasonal, on any portion of the area in advance of the cutting of the chief products of the reserved timber. Special uses may be reauthorized upon expiration so long as such use remains consistent with the decision that approved the expiring special use or group of uses. Revenue-Producing Visitor Services in Alaska. (d) The water surface created shall be open to the Forest Service and its permittees when such use does not interfere with the original purpose of the development. (c) All improvements built or maintained upon the right-of-way shall be kept in an orderly, safe and sanitary condition. 2776 (43 U.S.C. Processing fees shall be paid in equal shares or on a prorated basis, as deemed appropriate by the authorized officer, by all parties who submitted proposals that were processed as applications pursuant to the solicitation, including applicants for recreation special uses that are otherwise exempt under paragraph (g)(3) of this section when the Forest Service requires more than 50 hours in the aggregate to process the applications submitted in response to the prospectus. (iii) For category 6 cases, if payment of the processing fee exceeds the full actual costs of processing an application submitted under the Mineral Leasing Act, or the full reasonable costs (when the applicant has not waived payment of reasonable costs) of processing an application submitted under other authorities, the authorized officer either shall refund the excess payment to the applicant or, at the applicant's request, shall credit it towards monitoring fees due. (2) Results of initial screening. 1 CFR 1.1 (9) Only one cutting shall be made on any portion of the area on which timber is reserved. The total consideration will be based upon the fair market value of the rights and privileges authorized. FAR). (v) The proposed use will not unreasonably conflict or interfere with administrative use by the Forest Service, other scheduled or authorized existing uses of the National Forest System, or use of adjacent non-National Forest System lands. (ii) For category 5 cases, when the estimated monitoring costs are lower than the final monitoring costs for authorizations covered by a master agreement, the holder shall pay the difference between the estimated and final monitoring costs. The official, published CFR, is updated annually and available below under These proposals must include the citizenship of the proponent(s) and disclose the identity of its participants as follows: (i) Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of the United States, shall not own an appreciable interest in any oil and gas pipeline right-of-way or associated permit; and.

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