FREQUENTLY ASKED QUESTIONS REGARDING
ISSUANCE OF SPECIAL-USE AUTHORIZATIONS FOR EXISTING USES ON
NATIONAL FOREST SYSTEM LANDS
The Forest Service authorizes many different types of uses on National Forest System (NFS) lands. The following set of Frequently Asked Questions (FAQ) will help you determine the process for issuing a new special use authorization when there is a change in ownership of the authorized facilities on NFS lands.
What are special-use authorizations?
A special-use authorization is a legal document, such as a permit, lease, or easement, which authorizes use and/or occupancy of NFS lands. The authorization is granted for a specific use or occupancy of the land for a specific period of time.
I am going to sell my improvements that are located on NFS land, what should I do?
First, contact your local Forest Service office and request a FS-2700-3a pdf form called "Holder Initiated Revocation of Existing Authorization". As the seller, you complete Part I of the form. After you have completed Part I, you should give the form to the potential buyer(s) of the improvements. You should inform them that (1) your current authorization is not transferable; (2) they must apply for and obtain a new authorization; (3) there are terms and conditions for the use of NFS lands; and (4) they must contact the Forest Service prior to the acquisition of your improvements.
I am going to purchase improvements that are located on NFS land, what should I do?
First, talk to the seller of the improvements prior to your purchase and ask to see the authorization for the improvements. Although this authorization will be revoked once the owner sells the improvements, it will make you aware of the terms and conditions that authorized the improvements. If the seller has not given you a copy of a FS-2700-3a pdf form called "Request for a Special-Use Permit or Term Special-Use Permit", request one from the local Forest Service office. Second, ask to speak to a Forest Service permit administrator and explain your request over the telephone or in person at the local office. The permit administrator will explain the process for issuing you a new permit for the improvements you intend to purchase. In some cases, the permit administrator may request additional information from you.
What issues will the Forest Service look at when considering my request to use NFS lands?
To begin the process, you must contact the Forest Service office in the area where the improvements are located on NFS lands. The Forest Service will consider the following issues when privately owned improvements change ownership on NFS lands: (1) Does the current use and occupancy of NFS lands and facilities comply with federal, state, and local laws, regulations, orders, and policies? If not, what must be done to make the use and occupancy comply? (2) Is the current use and occupancy of National Forest System lands and facilities being conducted in a manner that is consistent with established standards and guidelines in the Forest Land and Resource Management Plan? If not, can it be made to be consistent? How? (3) What was the date of last Forest Service inspection? What is the condition of the authorized area and facilities? Describe undesirable or unacceptable conditions that need to be corrected. (4) Does the requester owe any fees to the Forest Service from a prior or existing special-use authorization? If yes, identify fees owed. (5) Is the requester qualified to hold an authorization for the subject use and occupancy? If not, why? (6) Can the requester demonstrate technical and financial capability to undertake the proposed use and occupancy, and fully comply with all the terms and conditions of the authorization? (7) Is there someone authorized by the requester to sign an authorization, and there is someone willing to accept the responsibility of the terms and conditions of the authorization?
The authorized Officer will determine, based on the above criteria whether or not, the use and occupancy should be reauthorized, you qualify to be the holder of new authorization, and the terms and conditions to include in a new authorization.
What does an authorization cost?
Rental fee - This is either an annual, multi-year, or one time rental fee based on the fair market value for the uses authorized and is payable in advance. Fees are established by appraisal, through fee schedules, or other sound business management principles.
Other costs - You may also be responsible for an administrative fee to cover agency costs to process the request, and monitor the use.
Where can I look for further information regarding special use authorizations on national forests?
Regulations concerning special uses of NFS lands are published at 36 CFR 251. You may obtain copies from your local Forest Service office, law library, or by visiting the National Archives & Records Administration's Code of Federal Regulations home page at http://www.gpo.gov/nara/cfr.
The Forest Service and Bureau of Land Management Interagency Special Uses Home Page provides information and links for customer service, application, and special use permit processes. You can access the home page at http://www.fs.fed.us/recreation/permits .Version June 21, 1999