R2 SUPPLEMENT 2700-93-5 EFFECTIVE 7/15/93 2715.11d-2715.14 Page 1 of 5 FOREST SERVICE MANUAL DENVER, CO FSM 2700 - SPECIAL USES MANAGEMENT R2 Supplement No. 2700-93-5 Effective July 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 2700-93-4 to 2710. Page Code 2715.14c--1 through 2715.14c--4 2715.24-2715.25 Superseded Sheets 2 1 Supplements Covered R2 Supplement 113, 08/86 R2 Supplement 125, 11/89 New Document Name 2715.11d-2715.14 (Number of Pages) 5 Digest: Updates to electronic format and corrects parent text references. ELIZABETH ESTILL Regional Forester R2 SUPPLEMENT 2700-93-5 EFFECTIVE 7/15/93 2715.11d-2715.14 Page 2 of 5 TITLE 2700 - LAND USES MANAGEMENT 2715 - FEES 2715.11c - Selecting or Developing Factors to be Used. 4. Determining Sales and Other Revenue. a. Sales. (7) Forest Supervisors shall use the following criteria for GRFS permits not authorized by the Ski Area Permit Act of 1986 in approving each permittee's policy statement indicating the nature and extent of their planned gratuity program and who will be the recipients. Gratuities issued by a permittee's subleasee must be identified and covered in the permittee's gratuity policy statement. The proposed gratuity statement must indicate how gratuities will be recorded and values calculated. Approvals shall be in writing and filed in the appropriate special use folders. Once a permittee's gratuity policy is approved and on file with the Forest Supervisor, the policy does not have to be annually approved unless it changes. However, the permittee must provide annual notification to the Forest Supervisor of continuance of the approved gratuity policy. b. Exempt Gratuities. The following gratuity practices and corresponding recipients must be accounted for, but are exempt from Forest Service fee calculation purposes. Gratuities issued to individuals who are only incidentally performing the following activities are not exempt. The value of the gratuity will be exempted from gross income for fee calculation purposes so long as the recipient is engaged in the exempt activity. (1) Direct promotion of Public Safety. On-duty ski patrol personnel. Government and industrial safety representatives on official business. On-duty medical personnel. (2 ) Activities that will directly and significantly increase sales through the publicity or promotion of the permittee's permitted activity. Members of the news media who are on official assignment including newspaper, magazines, TV and radio personnel. Photographers and advertisers on official business, whose work about the permittee's product is promotional and will be published. Transportation industry personnel such as travel agents, tour operators, and sales representatives from airline, bus, rail, and car rental companies directly responsible for promoting the permitted activity. R2 SUPPLEMENT 2700-93-5 EFFECTIVE 7/15/93 2715.11d-2715.14 Page 3 of 5 Group and tour leaders; for example, tour association travel organizers, and ski club trip chairpersons. Those involved in competing, judging and officiating organized competitive or exhibition events. (3) Officials responsible for inspection and administration of the permitted activity. The following individuals are examples of those who are exempt only while in the act of performing inspection and administrative duties: Owners (proprietors and partners), Corporation directors, Company employees with inspection and administration duties, Government employees, except Forest Service employees, Forest Service employees on official business responsible for administration of the permitted area as designated in writing by the Forest Supervisor. (4) Other. On-duty area ski school instructors. Managers and other key employees of similar operations visiting for consultation, technology transfer or training at the direction of their employer. Lodging and/or meals furnished or sold at a discount to selected employees when they are required to live on the permitted area primarily in a caretaker, emergency readiness, or security capacity. This does not include dormitory lodging in the development area. Gratuities to those in organized special group programs designed to introduce handicapped and disadvantaged persons to the permitted activity. Individuals who receive gratuities (that is, complimentary ski lift tickets, etc.) outside of the approved special group programs are nonexempt. All other gratuities offered by the permittee shall be accounted for and the value thereof shall be included in the sales subject to fee calculation. c. Non-Exempt. The Forest Service does not prohibit or discourage special discounts, promotion schemes, or permittee freedom to extend special privilege to anyone. The policy does require that all non-exempt items be included in sales subject to fee at the price charged to the general public for the same service. The following are examples of common business gratuity practices and recipients which are nonexempt for the purposes of Forest Service fee calculation. R2 SUPPLEMENT 2700-93-5 EFFECTIVE 7/15/93 2715.11d-2715.14 Page 4 of 5 (1) Ski and Other Entrance Passes (Daily, Seasonal, and other). Passes issued to those who do not require lift access to perform their official business will be accounted for and included in sales at the price which a member of the general public would be charged. The basis for this accounting is that the recipient has received a privilege to use the pass, for which a member of the general public would be charged. Those who do require lift access for work will have their non-official business ski days accounted for in gross sales. NOTE: If an individual is issued a season pass that is used both for work and other access to the permitted area, the permittee must indicate to the Forest Supervisor in the gratuity policy statement how the official and non-offical use is to be calculated. (2) Gratuitous meals, products and services for employees and company officials. Frequently meals, snacks, lodging, purchased and rental equipment, and lessons are offered at special rates to selected individuals. These gratuities are to be included at what the general public would be charged. (3) Group Discounts. Group discounts are not considered gratuities as long as this same discount is advertised to the general public and available to all similar groups without regard to locality. If a group receives a preferential price not available to other groups meeting the same objective criteria in terms of age, length of stay and group size, the marginal price difference is a non-exempt gratuity. (4) Pricing Structure. Price variations not allowed to the general public for individuals not specified in the exempt categories and not related to age, length of stay and group size will be considered a non-exempt gratuity. The marginal difference between the price charged and what the general public would pay must be included in gross sales. R2 SUPPLEMENT 2700-93-5 EFFECTIVE 7/15/93 2715.11d-2715.14 Page 5 of 5 2715.14 - Concession Fees. Periodic Review of Fees. To balance workloads, the following Fee Review and Adjustment Schedule is established for Region 2: Review Adjmt. Review Adjmt. Review Adjmt. Agricultural Uses 1986 1987 1991 1992 1996 1997 Community Uses 1987 1988 1992 1993 1997 1998 Industrial Uses 1987 1988 1992 1993 1997 1998 Public Information 1987 1988 1992 1993 1997 1998 Recreation Uses (Other than residence) 1990 1991 1995 1996 2000 2001 2008 2010 Recreation Uses (residence) Research, Study, & Experimental Uses 1987 1988 1992 1993 1997 1998 Transportaion Uses 1987 1988 1992 1993 1997 1998 Utilities 1990 1991 1995 1996 2000 2001 Water Uses 1989 1990 1994 1995 1999 2000 Note: The majority of fees for communication uses and linear rights-of-way are determined by using Regional Fee Schedules. These schedules are trended for time using CPI-U and key on market conditions to trigger schedule revisions. Authorizations that specify fee adjustment dates require special handling to meet their own terms.