6440 Page 1 of 11 FOREST SERVICE MANUAL ALASKA REGION (REGION 10) JUNEAU, ALASKA FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT Supplement No.: R-10 6400-2003-1 Effective Date: August 15, 2003 Duration: This supplement is effective until superseded or removed. Approved: /s/ Jacqueline Myers (for) DENNIS E. BSCHOR Regional Forester Date Approved: July 29, 2003 Posting Instructions: Supplements are numbered consecutively by title number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this title was R-10 Supplement 6400-2001-1 to chapter 6440. New Document 6440 11 Pages Superseded Document(s) by Issuance Number and Effective Date 6440 (6400-2001-1, 6/18/2001) 15 Pages Digest: 6443.1: Modifies Alaska Region Rules of Conduct for Government Property. Removes 6443.1 - Exhibit 01, USDA Forest Service Special Use Application and Permit for Government-Owned Buildings, FS-2700-3e. Changes 6443.1 – Exhibit 03, Conditions of Use for Visitor Centers to 6443.1 - Exhibit 01, Rules for Occupancy. References fee waiver policy as defined in Special Uses Handbook 2709.11.30. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 2 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT Digest—continued: Replaces “appeal” process with a process to request ”reconsideration” for a denied application. Formal administrative appeal rights are not allowed for proponents that are denied use of a facility under Fee Demo authority. Non-commercial group use regulations may be applicable in some cases. The Begich, Boggs Visitor Center classroom is eliminated from the list of rooms for rent in 6443.1 - Exhibit 02, Fee Schedule. When the classroom is complete, the Glacier Ranger District will list it on their fee schedule. 6443.2: Explains procedure for determining whether demonstrations for those exercising First Amendment rights are to be allowed. The letter in this supplement (6443.2 – Exhibit 01) introduced a national Interim Directive in 1998, which stated the Forest Service could not determine whether the use of an otherwise open facility would be permitted based on the religious or sectarian viewpoint of those who wished to use the facility. Although the Interim Directive has expired, the Alaska Region will consider the direction it gave when dealing with any requests dealing with freedom of speech and religion. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 3 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT 6443.1 – Rules of Conduct for Government Property 2. Admission to Property. Forest Service facilities shall be used only for official business, except that, subject to unit line officer approval, they may be used for other appropriate purposes. The Forest Service is not required to make its buildings available for use by the public, however, the agency can demonstrate support for communities and create goodwill toward the Forest Service by making facilities available, as appropriate within the guidelines set forth, and as long as the agency can still accomplish its mission and business. Admittance to Forest Service facilities and conduct in those facilities will be in accordance with 41 CFR 101-20.3, 41 CFR 101-20.403, FSM 6443, 36 CFR 251, and FSM 2700. (The web address for CFRs is http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.) a. Guidelines for Free Use of Visitor Centers and Administrative Sites. Forest Service line officers may authorize free use of visitor centers and conference/meeting rooms on a first-come, first-served basis, if eligible under items (1), (2), and (3) of this section. Requests outside the normal hours may be subject to use/rental fees. The following activities are authorized at no charge during normal operating hours: (1) Forest Service Sponsored Use. (Activities sponsored wholly, or in part, by the Forest Service). (2) Other Federal Government Agency Use. (Activities sponsored by other Federal agencies). (3) Other State or Local Agencies Conducting Programs That Provide a Valuable Benefit to the Public or to the Programs of the Secretary. b. Guidelines For Rental Use of Visitor Centers. Rental use of any facility shall not exceed rated building capacity or fire code restrictions. Visitor centers that are leased facilities may not fall within this policy as they have their own separate lease agreement/rental constraints. Visitor centers may be rented under Recreation Fee Demo (16 U.S.C. 4601-6a), if allowed, as part of an approved business plan. Under this authority, the form “Special Use Application and Permit for Government-Owned Facilities” (FS-27003e) should be used. Rules for Occupancy (6443.1 - Exhibit 01) will be attached to the application/permit (FS-2700-3e). If rental of visitor center facilities is not authorized through an approved business plan, follow special uses policy as outlined in FSM 2700 and FSH 2709.11 for administration of this use. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 4 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT Use will be based on a first-come/first-served basis, with reservations going to the group first filing an application with the Ranger District, National Monument, or Supervisor's Office. Reservations will not be final until a determination has been made that use is appropriate, that all fees have been paid, and the appropriate permit finalized with the authorizing officer's signature. Each unit will determine its own policy regarding the maximum days of use one individual or group may reserve in a season. Fees for use of visitor center facilities, which are authorized by an approved business plan, may be collected under the National Recreation Fee Demonstration Authority. User/rental fees may be charged to an individual or to a group for group use. Individual entrance or use fees typically are not charged if a group use fee is being assessed. Reservations will normally not be taken more than 180 days in advance of an event or meeting. Parties are encouraged to apply for use at least 14 days prior to an event to assure facilities are available and all requirements are met. Reservations for use of facilities should be finalized at least 5-working days before the event is to occur. If fees have not been received within 5 days of the event, the reservation may be released and the facility may be made available to the next group or individual request for that date. Cash, check, or money order must be made payable to the USDA Forest Service. Where applicable, credit cards may also be used. Reservations will not be final however, until a determination has been made that use is appropriate and fees have been paid. Each unit will establish fees based on cost to the government or commensurate with a comparable local market rate. Fee schedules will be reviewed annually by local units, revised as needed, and submitted to the Forest Supervisor for review prior to being implemented. The enclosed fee schedule for visitor centers is included in 6443.1 – Exhibit 02. These schedules will remain in effect unless modified by local units. Individual units may develop a cleaning deposit policy, which specifies the amount of the required deposit and under what conditions it will be returned. Under fee demo, partial refunds may be allowed if specified in an approved business plan. Line officers may determine refund policies for specific visitor centers under fee demo. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 5 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT If a request to use a Forest Service facility is denied, the Forest Service will attempt to inform the applicant, within 5-working days, why use will not be permitted. If the application for use is denied, applicants may request a “reconsideration” of the decision. The authorized officer may take into account additional information that is provided by the applicant to render a final decision. If the applicant of a denied application requests “reconsideration” based on their First Amendment rights of freedom and speech and freedom of religion, the authorized officer shall consult with the Office of General Counsel before rendering a final decision. NOTE: GSA does not own or manage Forest Service visitor centers in Alaska. GSA manages some Forest Service administrative facilities. The Forest Service will follow GSA regulations in GSA-leased facilities. Non-commercial group use regulations (36 CFR 251.54 d 2) may be applicable in some cases where the proposed use is non-commercial, does not utilize Forest Service facilities, and does not interfere with Forest Service administration. In those cases a permit and fee may not be required. Review regulations pertaining to noncommercial group use when processing requests of this nature. (1) Visitor centers in the Region available for rental use are: (a) Southeast Alaska Discovery Center, Ketchikan-Misty Fiords Ranger District. There are two interior areas of the Southeast Alaska Discovery Center available for special events and group use on a reservation basis: the theater, and the learning center. (b) Mendenhall Glacier Visitor Center, Juneau Ranger District. In the Mendenhall Glacier Visitor Center the observatory and theater are available for special events and group use on a reservation basis (c) Begich, Boggs Visitor Center, Glacier Ranger District. The theater and lobby areas at Begich, Boggs Visitor Center are available for special events and group use on a reservation basis. After the classroom is completed, it will also be available for group use on a reservation basis. (2) Visitor centers in the Region not available for rental use are: (a) Petersburg Visitor Information Center, Petersburg Ranger District. The Forest Service and the Petersburg Chamber of Commerce operate a visitor information center on the first floor of the building. The first floor of the building is not available for rent. Questions on rental of the upper floor meeting room at this facility should be directed to the Petersburg Chamber of Commerce. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 6 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT c. Guidelines for rental use of administrative sites. Rental use of Forest Service administrative facilities (for example: Supervisor, Ranger District, or National Monument offices; conference rooms; meeting rooms; warehouses; storage areas/sheds, and so forth.) will normally not be allowed. The use of alternate facilities is encouraged. Rental use of Forest Service facilities is authorized under the authority of the Granger-Thye Act of April 24, 1950. Issuance and administration of uses authorized by Granger-Thye Act authority shall follow special uses policy as outlined in FSM 2700 and FSH 2709.11. An operating/safety plan may be required on a case-by-case basis. Each unit will establish fees using sound business principles. Fees should be at least comparable to similar facilities nearby. If no other facilities or rental rates are available to use in setting rates, charge rates sufficient to cover any costs incurred by the Forest Service (no net cost to the government) based on cost to the government and commensurate with comparable local market rates. All fees are subject to change and are collected under Granger-Thye Act authority for administrative facilities. Fees are processed in accordance with Forest Service policy. Fee schedules are subject to review every five years, by units, revised as needed and submitted to the Forest Supervisor for review prior to being implemented. Individual units may develop a cleaning deposit policy, which specifies the amount of the required deposit and under what conditions it will be returned. Use will be based on a first-come/first-served basis, with reservations going to the group first filing an accepted application with the Ranger District, National Monument, or Supervisor's Office. Reservations will not be final until a determination has been made that use is appropriate and fees have been paid. A signed special-use permit with the authorized officer's signature will be in place prior to any use of administrative facilities. The Rules for Occupancy of administrative facility rental use may be the same as those required for visitor center rental use (6443.1 – Exhibit 01) or there may be a list of conditions specific to the administrative site being used. The appropriate authorized officer shall be responsible for the review of each proposal and making a determination and decision if rental use of Forest Service administrative sites is appropriate and fits within existing regulations and policy (36 CFR 251.54). Forest Service needs will have the "highest priority" for use of all facilities. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 7 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT 7. Alcoholic Beverages and Narcotics. Alcohol use is not allowed in Forest Service facilities without prior written approval from the Forest Supervisor. For direction beyond that covered in this FSM section, consult 41 CFR101-20.307. 8. Soliciting, Vending, and Debt Collection. Many commercial activities are not allowed on Federal property. For information beyond what is covered in this FSM section, consult the following references: 41 CFR101-20.003, 41 CFR101-20.306, 308, and 41 CFR101-20.401c. Units are to consult the Office of General Counsel regarding specific requests about commercial activities related to first amendment rights. 6443.2 – Operation and Maintenance 8. Authorized and Prohibited Uses of Government-Owned and Leased Facilities a. (1) Meetings of a political and sectarian character. (Please see b, below). b. Reasonable accommodations should be made to allow peaceful demonstrations at Forest Service facilities. Forest Service staff and the people planning to demonstrate at a facility should discuss and agree upon details regarding where, when, and under what circumstances demonstrations will be allowed. Recent requests to use Forest Service facilities by those exercising their First Amendment rights of freedom of speech and freedom of religion have brought to attention the complexity of these situations. (See August 28, 1998, 6440 letter, 6443.2 - Exhibit 01). Units are to consult the Office of General Counsel regarding specific requests involving freedom of speech and religion. c. Meetings and events sponsored entirely or in part by the Forest Service or another governmental agency may be closed to the public. In regard to use of facilities by non-governmental groups, each unit will determine its policy for closed meetings and events. Generally, in facilities where public use is allowed, closed, non-governmental meetings are not permitted, but closed events such as receptions and weddings are allowed. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 8 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT 6443.1 – Exhibit 01 Rules for Occupancy These rules are to be attached to FS-2700-3e, “Special Use Application and Permit for Government-Owned Facilities” The permit holder and its agents, employees, representatives, and participants agree to abide by and ensure compliance with the following additional conditions of this permit: (a) Facilities are available for use from _____am/pm to _____am/pm. (b) Groups or individuals using government facilities shall not charge additional entrance fees to people attending programs or events being held in the facilities. (c) Alcoholic beverages may only be used with prior written permission from the Forest Supervisor. (d) No smoking is permitted within government facilities. (e) Dogs are not allowed, unless they are active service-guide dogs. Other pets or animals are not permitted within government facilities, unless specifically authorized as part of permit (e.g., a program on raptor rehabilitation with live birds). (f) Groups composed of people under the age of 21 years must be sponsored, and that sponsor must be 21 or older and present during the entire event. (g) Permit holder shall not rent, lease, or otherwise contract facility to other groups or individuals. (h) Commercial wedding photographers, caterers, etc., as long as they are directly associated with that specific group use authorized under permit, are not required to be under special use permit for conducting their commercial activities. (i) Limited food and/or beverage service may be allowed on a case-by-case basis, per sitespecific requirements. The caterer must ensure the activities of his/her staff are appropriate to the public nature of the building and must ensure all State and local standards and regulations for public health and safety are met. (j) Permit holder is responsible for all activities and actions of their guests or meeting participants, and for safeguarding the facility at all times while rental use is occurring. (k) Cooking is not allowed; some facilities may have a small sink, counter and/or refrigerator for event or meeting use. (l) Burning candles, incense, or other open flame materials are not permitted with the exception of chafing dishes. (m) Materials to be thrown or released (i.e., rice, helium balloons, bubbles, etc.) will not be allowed unless authorized with prior written approval from the official signing the permit. (n) Use of other government equipment (i.e., computers, phones, copy machines, faxes, etc.) is not permitted, unless for official government use. Pay phones are available at some visitor center facilities. (o) Fundraising and commercial activities will be allowed only with prior written approval from the official issuing the permit and in accordance with federal building regulations. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 9 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT 6443.1 – Exhibit 01--Continued (p) Holder is responsible for and agrees to pay for any damage to equipment, materials or facilities that occurs as a result of rental agreement use, including any actions or activities by invited or uninvited guests or meeting participants. (q) All use, including set-up, cleanup, and checking out of the facility must occur within the time period authorized in the permit. Set-up, cleanup, and check out of facilities includes: Set-up. The holder is responsibility setting up all tables and chairs as needed (the Forest Service may be able to provide some tables, chairs, and podiums), and ensuring that caterers or other food providers receive and follow all instructions and guidelines provided. The holder or authorized representative must be present to sign for and handle all deliveries. The holder is responsible for ensuring that no materials are taped, tacked, stapled, nailed or otherwise temporarily or permanently attached to facility walls, windows, exhibits, stanchions, furnishings and other fixtures. Use of other facility equipment (i.e., some limited audio visual equipment, if available) must be pre-arranged and stipulated as part of the permit. Cleanup. The holder is responsible for the cleanup of the facility. Use and cleanup must occur within the time period authorized in the rental agreement. Cleanup includes removal of all equipment, food and supplies not provided as part of the authorization. Any furnished equipment (i.e., tables, chairs, podium) must be arranged and returned to original locations when finished. All visitor center furnished materials used must be free of dirt, litter, or liquids. Floors in all areas used will be swept or vacuumed if necessary. All trash will be placed in plastic bags or containers provided. The coat rack area and hangers shall be put back in order. Restrooms will be free of litter, dirt, and spills. Visitor center staff can furnish a vacuum cleaner and basic cleaning supplies. Stains should be reported to the Forest Service staff on duty and lifted from the carpet as soon as possible. Any area not cleaned to these specifications will be cleaned by the janitorial contractor for a fee and charged to the holder, who is responsible for any additional charges. Checkout. Prior to leaving the building at the end of the event or meeting, the holder must check out with the Forest Service staff on duty. The Forest Service staff will confirm all equipment and materials provided are returned undamaged and areas used under the agreement have been cleaned and left undamaged. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 10 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT 6443.1 – Exhibit 02 Fee Schedule All fees are subject to change. Fees below are accurate until updated. This fee schedule can be edited to list only the specific site for which the permit is issued Southeast Alaska Discovery Center Location 1-4 hrs (room, with or without food) Additional hours Theater $250 $30/hour Learning Center Room A $250 $30/hour Learning Center Room B $250 $30/hour Learning Center Full Room $250 $30/hour AV equipment rental $50 $15/hour Discovery Center Additional staffing $20/hour/person Use of the theater entitles the group to visit the exhibits at no extra cost. Mendenhall Glacier Visitor Center Location 1-4 hrs (room, with or without food) Additional hours MGVC Observatory $250 $30/hour and Theater MGVC Additional staffing $20/hour/person Use of the observatory or the theater entitles the group to visit the exhibits at no extra cost. Begich, Boggs Visitor Center Location 1-4 hrs (room only) 1-4 hrs (room w/food) Additional hours BBVC Theater/lobby $200 no food/beverages allowed $30/hour BBVC Additional staffing $20/hour/person Use of the theater/lobby entitles the group to visit the exhibits at no extra cost. Renters are required to clean all facilities used. If additional cleanup is required, user will be charged hourly janitorial contract rate. R-10 SUPPLEMENT 6400-2003-1 EFFECTIVE DATE: 08/15/2003 DURATION: This supplement is effective until superseded or removed. 6440 Page 11 of 11 FSM 6400 – PROPERTY MANAGEMENT CHAPTER 6440 – REAL PROPERTY MANAGEMENT 6443.2 – Exhibit 01 August 28, 1998, letter regarding ID about non-secular use of Forest Service facilities