2710-2712 Page 1 of 4 FOREST SERVICE MANUAL DENVER, CO FSM 2700 - SPECIAL USES MANAGEMENT R2 Supplement No. 2700-93-2 Effective March 15, 1993 POSTING NOTICE. Supplements to this title are numbered consecutively. 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 Manual was Supplement 2700-93-1 to the Zero Code. Page Code 2710.3 2710.43 2710.44--1 through 2710.44--2 2711.51 2712--1 through 2712--4 2712.5 Superseded Sheets 1 1 1 1 2 1 Supplements Covered R2 Supplement 69, 10/76 R2 Supplement 121, 11/87 R2 Supplement 106, 08/84 R2 Supplement 102, 06/83 New Document Name 2710-2712 (Number of Pages) 4 Digest: Updates chapter to electronic format and corrects references to parent text. Also removes material which is now covered in parent text. ELIZABETH ESTILL Regional Forester R2 SUPPLEMENT 2700-93-2 EFFECTIVE 3/15/93 2710-2712 Page 2 of 4 TITLE 2700 - SPECIAL USES MANAGEMENT 2710 - SPECIAL-USE AUTHORIZATIONS. 2710.3 - Policy. The Forest Service is responsible for performing the following functions with appropriated funds: 1. Evaluation of the proposal including review of plans. 2. Preparation and or review of NEPA documents. 3. Preparation of authorizations. 4. Liaison when deemed necessary. 5. Monitoring and administration of the use. Except for applications filed under the Trans-Alaska Pipeline Authorization Act, the Forest Service will normally perform these functions without reimbursement. The applicant is responsible for performing the following functions at his expense, as may be required by the Forest Service: 1. Providing information (for example., soil data, archeological data, so forth) in order to properly evaluate the proposal. 2. Preparation of plans and specifications relative to the proposed activities of the applicant. 3. Performing the proposed work according to plans and specifications approved by the Forest Service. The Forest Service receives funds from Congress to perform its functions. In the work planning process it is the Forest Service's responsibility to anticipate these impacts and to schedule the necessary manpower and funds on a priority basis. When projects occur which were unforeseen, priorities will be reconsidered and adjusted or not adjusted accordingly. By law, cooperation must be voluntary, not a requirement, and not in consideration of an authorized use of a resource. Generally, Cooperative Agreements whereby the cooperator pays for work which is the responsibility of the Forest Service should be entered into only when the project is unforeseen, of high priority, and cannot otherwise be accommodated. In those cases where a proposal is of low priority the Forest Supervisor should be prepared to discuss his work priorities with the applicant. In addition to those uses specified in the parent text, the Regional Forester shall review permits for the following types of special uses prior to issuance by the Forest Supervisor: R2 SUPPLEMENT 2700-93-2 EFFECTIVE 3/15/93 2710-2712 Page 3 of 4 1. Commercial public service uses (except most outfitter and guide uses of a temporary nature). 2. Organization camps. 3. Airfields. Use of any clause in such permits other than standard clauses printed on the permit form and those specifically listed as mandatory in FSM 2780 must be approved by the Regional Forester prior to permit issuance. To facilitate review, list each clause number; that is, B-11 or R2-X4, following the clause title in proposed permits. Refer to requirements in FSM 7500 for Engineering review of plans and specifications for water storage and transmission structures, and FSM 7410 and 7420 for buildings, water, sanitation and pollution control facilities. Forest Supervisors will administer permits, term permits, leases, or easements issued by the Regional Forester within their respective Forests. Forest Supervisors may amend, revise, or terminate those permits and term permits originally issued by the Regional Forester for uses that are now within authority delegated to Forest Supervisors. Forest delegations of this authority will state the kinds of uses authorized. Forest Supervisors and the Director of Recreation may issue inter-Forest outfitter and guide special-use permits. The affected Forests will be consulted before issuance. Outfitter and guide permits which assign priority use are annual permits with tenure. 2711 - AUTHORIZATIONS. Section 251.6 was removed from the Code of Federal Regulations on July 7, 1980; thus the Forest Service no longer has authority to issue or reissue exchange-of-use permits, except for reciprocal rights-of-way. Management of existing exchange-of-use permits will be in accordance with the following policy: 1. Issuance or reissuance of exchange-of-use permits is not authorized. 2. Existing permits will be allowed to expire or be terminated as opportunities arise and/or as provided by the terms of the permit. 3. Upon expiration or termination of existing permits, National Forest System lands formerly enclosed with private lands will be evaluated and managed in accordance with applicable policies that govern the use of the area. 2712.5 - Disapproval. In addition to the four reasons stated in FSM 2712.5, applications for a special use permit can be denied if the authorized officer determines that: R2 SUPPLEMENT 2700-93-2 EFFECTIVE 3/15/93 2710-2712 Page 4 of 4 1. The applicant does not or cannot demonstrate necessary technical or financial capability. 2. The applicant has not submitted a certificate of assurance that the program or facility to be authorized and in receipt of Federal assistance will be operated in such a manner that program benefits will be available to all eligible persons without regard to race, color, or national origin. 3. The applicant does not meet the criteria as provided in 36 CFR 251.54.