For Existing Uses
Frequently Asked Questions–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 (FAQs) 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?
I am going to sell my
improvements that are located on NFS land, what should I do?
I am going to purchase
improvements that are located on NFS land, what should I do?
What issues will the
Forest Service look at when considering my request to use NFS lands?
What does an
authorization cost?
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.
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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
- Your current authorization is not transferable;
- They must apply for and obtain a new authorization;
- There are terms and conditions for the use of NFS lands; and
- They must contact the Forest Service prior to the acquisition of your improvements.
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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
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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:
- 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?
- 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?
- 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.
- Does the requester owe any fees to the Forest Service from a prior or existing special-use authorization? If yes, identify fees owed.
- Is the requester qualified to hold an authorization for the
subject use and occupancy? If not, why?
- 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?
- 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.
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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.
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