FREQUENTLY ASKED QUESTIONS REGARDING RECREATION EVENTS ON NATIONAL FOREST SYSTEM LANDS
What are recreation events and who needs a permit?
Recreation events are commercial activities requiring
temporary, authorized use of NFS land. Examples of recreation events
include, but are not limited to, animal, bicycle, motocross, or triathalon
races; jeep rallies; dog trials; fishing contests; rendezvous; rodeos;
adventure games; youth treks; wagon trains; concerts; and other similar
events. A permit is required for these type of events, regardless of the
number of people involved in the activity.
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What is a commercial use or activity?
A commercial use or activity on NFS land occurs when
- An applicant intends to charge an entry or participation fee, or
- The primary purpose is the sale of a good or service, regardless of the intent to produce
a profit. Money collected may cover expense categories, such as food,
transportation, prizes, advertising, purchase replacement of equipment, or
compensation for the leader of the activity.
Use is considered noncommercial if the fees
charged are used only for the purpose of paying for actual expenses directly
related to operating or staging the activity, with any excess funds returned
to participants. The fees charged should not include costs for employees or
personnel who stage or run the event.
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How do I apply?
To begin the process, you are required to contact the Forest
Service office in the area where you wish to have your activity before you
have worked out the details. This contact will determine whether your
activity meets the following pre-application screening requirements applicable
to all special uses:
- The proposed use is consistent with federal, state,
and local laws, regulations, orders, and policies that apply to national
forests and grasslands;
- The proposed use is consistent or can be made
consistent with the Forest Plan that established standards and guidelines for
management of the land where the activity will take place;
- The proposed
use will not create a serious and substantial risk to public health or safety;
- The proposed use will not create an exclusive or perpetual right of use or
occupancy;
- The proposed use will not unreasonably conflict or interfere
with administrative use by the Forest Service, other authorized existing uses,
or uses of adjacent non-NFS lands;
- The proponent must not owe any fees to
the Forest Service from a prior or existing special-use authorization;
- The
proposed use does not involve gambling or providing of sexually-oriented
commercial services, even if permitted under state law;
- The proposed use
does not involve military or paramilitary training or exercises, unless such
training is federally funded;
- The proposed use does not involve disposal
of solid waste or disposal of radioactive or other hazardous substances.
If you meet the initial screening requirements, the Forest
Service administrator will provide guidance on what information will be
required to complete your application. If your proposed event does not meet
the screening requirements you will be notified that the proposal, as
submitted, is denied.
A proposal that passes the initial screening proceeds to
second level screening. Your proposal will be accepted as an application if
it meets all of the following:
- The proposed use would be consistent or
compatible with the purposes for which the lands are managed; and
- The
proposed use would be in the public interest; and
- The proponent is
qualified; and
- The proponent can demonstrate technical or financial
capability to undertake the use and fully comply with the terms and conditions
of the permit; and
- There is someone authorized by the proponent to sign a
permit or there is someone willing to accept the responsibility of the terms
and conditions of the permit. Upon satisfactory passing of this screen the
Forest Service will process your request.
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Is a fee required?
Yes, land use rental fees are required and there are two ways
to determine the fees:
- Five percent of adjusted gross receipts for one time events
and 3 percent of adjusted gross receipts for multiple events under a single permit;
or
- Using the minimum fees for recreation events that have been
established, but may vary, by National Forest.
There may be other costs for which you are responsible as
part of your authorized activity. Liability insurance coverage and a
performance bond to ensure protection of the environment and site cleanup may
be required. Depending on the size and duration of your activity,
costs associated with law enforcement, crowd control, safety issues, and
sanitation may also be required.
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