2709.11,30-36

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FOREST SERVICE HANDBOOK

DENVER, CO

FSH 2709.11 - SPECIAL USES HANDBOOK

Region 2 Supplement No. 2709.11-96-2

Effective November 13, 1996

POSTING NOTICE: Supplements are numbered consecutively by Handbook number and calendar year. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplement to this Handbook was Supplement 2709.11-96-1 to 2709.11,37.

Superseded New

Document Name (Number of Pages)

2709.11,30-36 5

Digest:

30.5 - Adds definitions of Casual Use, Location, and Staging Area.

31.1 - Establishes fee rates for special uses based on land values.

31.31 - Establishes a transfer fee of $50 for special use authorizations.

36.7 - Establishes direction and fee schedule for photography activities on National Forest System land.

ELIZABETH ESTILL

Regional Forester

FSH 2709.11 - SPECIAL USES HANDBOOK

R-2 SUPPLEMENT 2709.11-96-2

EFFECTIVE 11/13/96

CHAPTER 30 - FEE DETERMINATION

30.5 - Definitions.

Casual Use. Noncommercial activities occurring on an occasional or irregular basis that ordinarily result in negligible disturbance of National Forest system lands, or their resources or improvements, and require no reclamation or restoration.

Location. Each place on National Forest System lands used for film production purposes.

Staging Area. Each place on National Forest System lands used for parking, catering, and off-set construction associated with film production.

31.1 - Methods for Determining Fair Market Value .

1. Appraisal.

b. Direct Sales Comparison. Apply rates to all new and existing authorizations which use a percentage of land value as the basis for determining a fee and which are not covered by another statutory or regulatory fee system or schedule.

The following rates have been established according to market surveys conducted in Colorado, Wyoming and South Dakota which evaluated private sector ground rent fees as a percent of land value:

(1) Fees for non-agricultural uses - 7 percent of the appraised land value.

(2) Agricultural use fees - 5 percent of the appraised land value.

Apply agricultural use fees to the following type site codes as found in the Forest Land Use Report (FLUR):

211 through 219

221 through 223

231 through 233, except for livestock areas

241

Type site codes 922 through 924 may be agricultural, municipal, or industrial uses. The appropriate rate may be 5 or 7 percent depending on the type of use authorized.

The appropriate rate for fees for type site code 123, recreation residence permit, is 5 percent (sec. 33.1)

Use the 5 or 7 percent multiplied by the value of the land described in the authorization to determine the annual fee (FSM 2715). Adjust fees greater than the minimum fee annually using the Cumulative Implicit Price Deflator-Gross National Product (IPD-GNP) Index as published in the Survey of Current Business of the U.S. Department of Commerce, Bureau of Economic Analysis.

31.31 - Transfer Fee. Charge a $50 transfer fee when there is a change of ownership of improvements and a new authorization is issued. Do not charge a transfer fee when a processing payment will be collected or for authorizations issued for group use or Ditch Bill Easements (P.L. 99-545). Charge a transfer fee for a change of ownership of improvements for recreation residence permits.

36.7 - Still Photography, Motion Picture, and Television Production Fee Schedule.

1. Require a fee for the professional use of still photography equipment, motion picture equipment, or other videotaping equipment on National Forest System lands under the following circumstances:

a. If photographs, motion pictures, or videos of National Forest users will be made with the express purpose of selling the products to those same users.

b. If photographs, motion pictures, or videos will be made under an existing contract to sell them.

c. If photographs, motion pictures, or videos of commercial products will be made on National Forest lands for advertising purposes.

d. If the photography, motion picture, or video taking is reasonably likely to adversely affect the National Forest System lands or their resources.

2. A fee is not required under the following circumstances:

a. Casual use of photography of the National Forest.

b. Professional photography where the photographer or any assistants are not under contract or being paid a salary for assignments on the National Forest System lands.

3. Fee Schedules

a. A fee is required based on the number of people at each location and at each staging area according to the following schedules:

(1) Still Photography.

Daily Rate for

Number of People Each Location

1-3 No charge

4-10 $100

11-30 $150

31-49 $250

50-100 $300

over 100$300 (or as determined by appraisal)

(2) Motion Picture and Video Filming.

Daily Rate for Daily Rate for

Number of People Location Each Staging Area

1-10 $150 $75

11-30 $250 $125

31-60 $450 $225

61-100 $600 $300

over 100 $600 $300

(3) The number of people includes actors, models, and filming and support crew. If the number of people exceeds 100, the authorized officer may order an appraisal to determine fair market value. Absent such an appraisal, the maximum daily rental is as shown on the schedules for both still photography and for motion picture filming.

(4) Charge fees for use in excess of 20 days at 85 percent of the daily rate.

b. Additional fees are required for special conditions identified in the following schedule:

Activity Daily Fee

Traffic control (road closures, $150

detours, etc.)

Use of Congressional or agency $150

identified areas such as

Wilderness, Research Natural

Areas

Authorized surface disturbances $100

(grading, removal of rocks,

use of heavy earthmoving

equipment, or animals)

Special effects (crashes, large $100

pyrotechnics, fire scenes, etc.)

c. A bond may be required for any activity requiring surface reclamation or restoration.

d. The fee schedule will be updated annually based on the U.S. Department of Labor Consumer Price Index for all Urban consumers (CPI-U), U.S. City Average.