[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.54]

[Page 312-317]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                         Subpart B_Special Uses
 
Sec. 251.54  Proposal and application requirements and procedures.

    (a) Early notice. When an individual or entity proposes to occupy 
and use National Forest System lands, the proponent is required to 
contact the Forest Service office(s) responsible for the management of 
the affected land as early as possible in advance of the proposed use.
    (b) Filing proposals. Proposals for special uses must be filed in 
writing with or presented orally to the District Ranger or Forest 
Supervisor having jurisdiction over the affected land (Sec. 200.2 of 
this chapter), except as follows:
    (1) Proposals for projects on lands under the jurisdiction of two or 
more administrative units of the Forest Service may be filed at the most 
convenient Forest Service office having jurisdiction over part of the 
project, and the proponent will be notified where to direct subsequent 
communications;
    (2) Proposals for cost-share and other road easements to be issued 
under Sec. 251.53(j) must be filed in accordance with regulations in 
Sec. 212.10(c) and (d) of this chapter; and
    (3) Proposals for oil and gas pipeline rights-of-way crossing 
Federal lands under the jurisdiction of two or more Federal agencies 
must be filed with the State Office, Bureau of Land Management, pursuant 
to regulations at 43 CFR part 2882.
    (c) Rights of proponents. A proposal to obtain a special use 
authorization does not grant any right or privilege to use National 
Forest System lands. Rights or privileges to occupy and use National 
Forest System lands under this subpart are conveyed only through 
issuance of a special use authorization.
    (d) Proposal content--(1) Proponent identification. Any proponent 
for a special use authorization must provide the proponent's name and 
mailing address, and, if the proponent is not an individual, the name 
and address of the proponent's agent who is authorized to receive notice 
of actions pertaining to the proposal.
    (2) Required information--(i) Noncommercial group uses. Paragraphs 
(d)(3) through (d)(5) of this section do not apply to proposals for 
noncommercial group uses. A proponent for noncommercial group uses shall 
provide the following:
    (A) A description of the proposed activity;
    (B) The location and a description of the National Forest System 
lands and facilities the proponent would like to use;
    (C) The estimated number of participants and spectators;
    (D) The starting and ending time and date of the proposed activity; 
and
    (E) The name of the person or persons 21 years of age or older who 
will sign a special use authorization on behalf of the proponent.
    (ii) All other special uses. At a minimum, proposals for special 
uses other than noncommercial group uses must include the information 
contained in paragraphs (d)(3) through (d)(5) of this section. In 
addition, if requested by an authorized officer, a proponent in one of 
the following categories must furnish the information specified for that 
category:
    (A) If the proponent is a State or local government agency: a copy 
of the authorization under which the proposal is made;
    (B) If the proponent is a public corporation: the statute or other 
authority under which it was organized;
    (C) If the proponent is a Federal Government agency: the title of 
the agency official delegated the authority to file the proposal;
    (D) If the proponent is a private corporation:
    (1) Evidence of incorporation and its current good standing;
    (2) If reasonably obtainable by the proponent, the name and address 
of each shareholder owning three percent or more of the shares, together 
with the number and percentage of any class of voting shares of the 
entity which such shareholder is authorized to vote;
    (3) The name and address of each affiliate of the entity;
    (4) In the case of an affiliate which is controlled by the entity, 
the number of

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shares and the percentage of any class of voting stock of the affiliate 
that the entity owns either directly or indirectly; or
    (5) In the case of an affiliate which controls that entity, the 
number of shares and the percentage of any class of voting stock of that 
entity owned, either directly or indirectly by the affiliate; or
    (E) If the proponent is a partnership, association, or other 
unincorporated entity: a certified copy of the partnership agreement or 
other similar document, if any, creating the entity, or a certificate of 
good standing under the laws of the State.
    (3) Technical and financial capability. The proponent is required to 
provide sufficient evidence to satisfy the authorized officer that the 
proponent has, or prior to commencement of construction will have, the 
technical and financial capability to construct, operate, maintain, and 
terminate the project for which an authorization is requested, and the 
proponent is otherwise acceptable.
    (4) Project description. Except for requests for planning permits 
for a major development, a proponent must provide a project description, 
including maps and appropriate resource information, in sufficient 
detail to enable the authorized officer to determine the feasibility of 
a proposed project or activity, any benefits to be provided to the 
public, the safety of the proposal, the lands to be occupied or used, 
the terms and conditions to be included, and the proposal's compliance 
with applicable laws, regulations, and orders.
    (5) Additional information. The authorized officer may require any 
other information and data necessary to determine feasibility of a 
project or activity proposed; compliance with applicable laws, 
regulations, and orders; compliance with requirements for associated 
clearances, certificates, permits, or licenses; and suitable terms and 
conditions to be included in the authorization. The authorized officer 
shall make requests for any additional information in writing.
    (e) Pre-application actions--(1) Initial screening. 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.
    (ii) The proposed use is consistent or can be made consistent with 
standards and guidelines in the applicable forest land and resource 
management plan prepared under the National Forest Management Act and 36 
CFR part 219.
    (iii) The proposed use will not pose a serious or substantial risk 
to public health or safety.
    (iv) The proposed use will not create an exclusive or perpetual 
right of use or occupancy.
    (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.
    (vi) The proponent does not have any delinquent debt owed to the 
Forest Service under terms and conditions of a prior or existing 
authorization, unless such debt results from a decision on an 
administrative appeal or from a fee review and the proponent is current 
with the payment schedule.
    (vii) The proposed use does not involve gambling or providing of 
sexually oriented commercial services, even if permitted under State 
law.
    (viii) The proposed use does not involve military or paramilitary 
training or exercises by private organizations or individuals, unless 
such training or exercises are federally funded.
    (ix) The proposed use does not involve disposal of solid waste or 
disposal of radioactive or other hazardous substances.
    (2) Results of initial screening. Any proposed use other than a 
noncommercial group use that does not meet all of the minimum 
requirements of paragraphs (e)(1)(i)-(ix) of this section shall not 
receive further evaluation and processing. In such event, the authorized 
officer shall advise the proponent

[[Page 314]]

that the use does not meet the minimum requirements. If the proposal was 
submitted orally, the authorized officer may respond orally. If the 
proposal was made in writing, the authorized officer shall notify the 
proponent in writing that the proposed use does not meet the minimum 
requirements and shall simultaneously return the request.
    (3) Guidance and information to proponents. 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;
    (iii) Proponent qualifications;
    (iv) Applicable fees, charges, bonding, and/or security 
requirements;
    (v) Necessary associated clearances, permits, and licenses;
    (vi) Environmental and management considerations;
    (vii) Special conditions; and
    (viii) identification of on-the-ground investigations which will 
require temporary use permits.
    (4) Confidentiality. If requested by the proponent, the authorized 
officer, or other Forest Service official, to the extent reasonable and 
authorized by law, shall hold confidential any project and program 
information revealed during pre-application contacts.
    (5) Second-level screening of proposed uses. 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. 
In order to complete this screening and consideration, the authorized 
officer may request such additional information as necessary to obtain a 
full description of the proposed use and its effects. An authorized 
officer shall reject any proposal, including a proposal for commercial 
group uses, if, upon further consideration, the officer determines that:
    (i) The proposed use would be inconsistent or incompatible with the 
purposes for which the lands are managed, or with other uses; or
    (ii) The proposed use would not be in the public interest; or
    (iii) The proponent is not qualified; or
    (iv) The proponent does not or cannot demonstrate technical or 
economic feasibility of the proposed use or the financial or technical 
capability to undertake the use and to fully comply with the terms and 
conditions of the authorization; or
    (v) There is no person or entity authorized to sign a special use 
authorization and/or there is no person or entity willing to accept 
responsibility for adherence to the terms and conditions of the 
authorization.
    (6) NEPA compliance for second-level screening process. A request 
for a special use authorization that does not meet the criteria 
established in paragraphs (e)(5)(i) through (e)(5)(v) of this section 
does not constitute an agency proposal as defined in 40 CFR 1508.23 and, 
therefore, does not require environmental analysis and documentation.
    (f) Special requirements for certain proposals--(1) Oil and gas 
pipeline rights-of-way. 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
    (ii) The authorized officer shall notify the House Committee on 
Resources and the Senate Committee on Energy and Natural Resources 
promptly upon receipt of a proposal for a right-of-way for a pipeline 
twenty-four (24) inches or more in diameter, and no right-of-way for 
such a pipeline shall be granted until sixty (60) days (not counting 
days on which the House of Representatives or the Senate has adjourned 
for more

[[Page 315]]

than three (3) days) after a notice of intention to grant the right-of-
way, together with the authorized officer's detailed findings as to 
terms and conditions the officer proposes to impose, has been submitted 
to such committees, unless each committee by resolution waives the 
waiting period.
    (2) Electric power transmission lines 66 KV or over. Any proposal 
for authority to construct and maintain a facility for the generation of 
electric power and energy or for the transmission or distribution of 
electric power and energy of 66 kilovolts or higher under this section 
must be referred to the Secretary of Energy for consultation.
    (3) Major development. Proponents of a major development may submit 
a request for a planning permit of up to 10 years in duration. Requests 
for a planning permit must include the information contained in 
paragraphs (d)(1) through (d)(3) of this section. Upon completion of a 
master development plan developed under a planning permit, proponents 
may then submit a request for a long-term authorization to construct and 
operate the development. At a minimum, a request for a long-term permit 
for a major development must include the information contained in 
paragraphs (d)(1) and (d)(2)(ii) through (d)(5) of this section. 
Issuance of a planning permit does not prejudice approval or denial of a 
subsequent request for a special use permit for the development.
    (g) Application processing and response--(1) Acceptance of 
applications. 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. If a request for a proposed use meets the criteria of 
both the initial and second-level screening processes as described in 
paragraph (e) of this section, the authorized officer shall notify the 
proponent that the agency is prepared to accept a written formal 
application for a special use authorization and shall, as appropriate or 
necessary, provide the proponent guidance and information of the type 
described in paragraphs (e)(3)(i) through (e)(3)(viii) of this section.
    (2) Processing applications. (i) Upon acceptance of an application 
for a special use authorization other than a planning permit, the 
authorized officer shall evaluate the proposed use for the requested 
site, including effects on the environment. The authorized officer may 
request such additional information as necessary to obtain a full 
description of the proposed use and its effects.
    (ii) Federal, State, and local government agencies and the public 
shall receive adequate notice and an opportunity to comment upon a 
special use proposal accepted as a formal application in accordance with 
Forest Service NEPA procedures.
    (iii) The authorized officer shall give due deference to the 
findings of another agency such as a Public Utility Commission, the 
Federal Regulatory Energy Commission, or the Interstate Commerce 
Commission in lieu of another detailed finding. If this information is 
already on file with the Forest Service, it need not be refiled, if 
reference is made to the previous filing date, place, and case number.
    (iv) Applications for noncommercial group uses must be received at 
least 72 hours in advance of the proposed activity. Applications for 
noncommercial group uses shall be processed in order of receipt, and the 
use of a particular area shall be allocated in order of receipt of fully 
executed applications, subject to any relevant limitations set forth in 
this section.
    (v) For applications for planning permits, including those issued 
for a major development as described in paragraph (f)(3) of this 
section, the authorized officer shall assess only the applicant's 
financial and technical qualifications and determine compliance with 
other applicable laws, regulations, and orders. Planning permits may be 
categorically excluded from documentation in an environmental assessment 
or environmental impact statement pursuant to Forest Service Handbook 
1909.15 (36 CFR 200.4).
    (3) Response to applications for noncommercial group uses. (i) All 
applications for noncommercial group uses

[[Page 316]]

shall be deemed granted and an authorization shall be issued for those 
uses pursuant to the determination as set forth below, unless 
applications are denied within 48 hours of receipt. Where an application 
for a noncommercial group use has been granted or is deemed to have been 
granted and an authorization has been issued under this paragraph, an 
authorized officer may revoke that authorization only as provided under 
Sec. 251.60(a)(1)(i).
    (ii) An authorized officer shall grant an application for a special 
use authorization for a noncommercial group use upon a determination 
that:
    (A) Authorization of the proposed activity is not prohibited by the 
rules at 36 CFR part 261, subpart B, or by Federal, State, or local law 
unrelated to the content of expressive activity;
    (B) Authorization of the proposed activity is consistent or can be 
made consistent with the standards and guidelines in the applicable 
forest land and resource management plan required under the National 
Forest Management Act and 36 CFR part 219;
    (C) The proposed activity does not materially impact the 
characteristics or functions of the environmentally sensitive resources 
or lands identified in Forest Service Handbook 1909.15, chapter 30;
    (D) The proposed activity will not delay, halt, or prevent 
administrative use of an area by the Forest Service or other scheduled 
or existing uses or activities on National Forest System lands, 
including but not limited to uses and activities authorized under parts 
222, 223, 228, and 251 of this chapter;
    (E) The proposed activity does not violate State and local public 
health laws and regulations as applied to the proposed site. Issues 
addressed by State and local public health laws and regulations as 
applied to the proposed site include but are not limited to:
    (1) The sufficiency of sanitation facilities;
    (2) The sufficiency of waste-disposal facilities;
    (3) The availability of sufficient potable drinking water;
    (4) The risk of disease from the physical characteristics of the 
proposed site or natural conditions associated with the proposed site; 
and
    (5) The risk of contamination of the water supply;
    (F) The proposed activity will not pose a substantial danger to 
public safety. 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
    (4) The adequacy of ingress and egress in case of an emergency;
    (G) The proposed activity does not involve military or paramilitary 
training or exercises by private organizations or individuals, unless 
such training or exercises are federally funded; and
    (H) A person or persons 21 years of age or older have been 
designated to sign and do sign a special use authorization on behalf of 
the applicant.
    (iii) If an authorized officer denies an application because it does 
not meet the criteria in paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(H) 
of this section, the authorized officer shall notify the applicant in 
writing of the reasons for the denial. If an alternative time, place, or 
manner will allow the applicant to meet the eight evaluation criteria, 
an authorized officer shall offer that alternative. If an application is 
denied solely under paragraph (g)(3)(ii)(C) of this section and all 
alternatives suggested are unacceptable to the applicant, the authorized 
officer shall offer to have completed the requisite environmental and 
other analyses for the requested site. A decision to grant or deny the 
application for which an environmental assessment or an environmental 
impact statement is prepared is subject to the notice and appeal 
procedures at 36 CFR part 215 and shall be made within 48 hours after 
the decision

[[Page 317]]

becomes final under that appeal process. A denial of an application 
under paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(H) of this section 
constitutes final agency action and is immediately subject to judicial 
review.
    (4) Response to all other applications. Based on evaluation of the 
information provided by the applicant and other relevant information 
such as environmental findings, the authorized officer shall decide 
whether to approve the proposed use, approve the proposed use with 
modifications, or deny the proposed use. A group of applications for 
similar uses having minor environmental impacts may be evaluated with 
one analysis and approved in one decision.
    (5) Authorization of a special use. Upon a decision to approve a 
special use or a group of similar special uses, the authorized officer 
may issue one or more special use authorizations as defined in Sec. 
251.51 of this subpart.

[63 FR 65964, Nov. 30, 1998]