2709.11_30
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FOREST SERVICE HANDBOOK
ROCKY MOUNTAIN REGION (REGION 2)
DENVER, CO
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 30 – FEE DETERMINATION
Supplement No.: 2709.11-2007-1
Effective Date: January 6, 2007
Duration: This supplement is effective until superseded or removed.
Approved: RICK D. CABLES
Regional Forester
Date Approved: 12/22/2006
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove entire document and replace it with this supplement.
Retain this transmittal as the first page(s) of this document. The last supplement to this
Handbook was 2709.11-2004-1 to 2709.11_30.
New Document(s):
2709.11_30
5 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2709.11_30 (Supplement 2709.11-2004-1, 1/15/2004) 6 Pages
Digest:
31.1 - Revises Regional direction for established rates based on market surveys for nonagricultural special use permits and fees.
31.1 – Removes FLUR with SUDS as the database for site codes identified as Agricultural.
31.31 – Removes previous direction which allowed for the charging of a transfer fee when there
was a change of ownership of improvements and a new authorization was issued. Also changes
the caption from “Transfer Fee” to “Cost Recovery.”
R2 SUPPLEMENT 2709.11-2007-1
EFFECTIVE DATE: 01/06/2007
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 30 – FEE DETERMINATION
30.5 - Definitions
Casual Use. Noncommercial activities occurring on an occasional or irregular basis that
ordinarily result in negligible disturbance of National Forest system lands, or their resources or
improvements, and require no reclamation or restoration.
Location. Each place on National Forest System lands used for film production purposes.
Staging Area. Each place on National Forest System lands used for parking, catering,
and off-set construction associated with film production.
31 – ESTABLISHING FEES
31.1 - Methods for Determining Fair Market Value
1. Appraisal.
b. Direct Sales Comparison. Apply rates to all new and existing authorizations
which use a percentage of land value as the basis for determining a fee and which are
not covered by another statutory or regulatory fee system or schedule.
The following rates have been established according to market surveys conducted in
Colorado, Wyoming and South Dakota, which evaluated private sector ground rent
fees as a percent of land value:
(1) Fees for non-agricultural uses - 8 percent of the appraised land value.
(2) Agricultural use fees - 5 percent of the appraised land value.
Apply agricultural use fees to the following type of site codes as found in the INFRA
Special Uses Data System (SUDS):
211 through 219
221 through 223
231 through 233, except for livestock areas
241
Type site codes 922 through 924 may be agricultural, municipal, or industrial uses.
The appropriate rate may be 5 or 8 percent depending on the type of use authorized.
The appropriate rate for fees for type site code 123, recreation residence permit, is 5
percent (sec. 33.1)
R2 SUPPLEMENT 2709.11-2007-1
EFFECTIVE DATE: 01/06/2007
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 30 – FEE DETERMINATION
Use the 5 or 8 percent multiplied by the value of the land described in the authorization to
determine the annual fee (FSM 2715). Adjust fees greater than the minimum fee annually using
the Cumulative Implicit Price Deflator-Gross National Product (IPD-GNP) Index as published in
the Survey of Current Business of the U.S. Department of Commerce, Bureau of Economic
Analysis.
31.31 – Cost Recovery
31.51a – Regional Minimum Fees
The minimum fee for any charge special use authorization, except use 153-Outfitter and Guide,
is $110. Adjust all special use authorizations to require the annual minimum fee. Where
necessary, amend existing permits per FSM 2714 to provide for the new fee and periodic
adjustment. Charge special use authorizations for use 153-Outfitter and Guide the national
minimum fee.
Charge the minimum fee in its entirety; do not pro-rate for a portion of the year. The minimum
fee is by authorization, not by use. For authorizations with more than one use code, charge only
the minimum fee if the total combined rent is less than the minimum. Ensure direction at section
36.42 of the parent text regarding use of a fee schedule for secondary uses.
Update the minimum fee annually using the U.S. Department of Labor Cumulative Implicit Price
Deflator-Gross Domestic Product (IPD) and Consumer Price Index (CPI-U) indices. Review the
minimum fee every five (5) years, and adjust the minimum fee accordingly to reflect current fair
market value.
36.7 – Commercial Filming and Still Photography Fees
1. Require a fee for the professional use of still photography equipment, motion picture
equipment, or other videotaping equipment on National Forest System lands according policy set
forth in FSM 2720.5 and to the following schedule. If a calculated permit fee is less than the
Region 2 minimum, charge the regional minimum of $110.
2. Fee Schedules.
a. A fee is required based on the number of people (non-Forest Service) at each
location and at each staging area according to the following schedules:
(1) Still Photography.
Number of People
1-3
4-10
Daily Rate for
Each Location
$75
$100
R2 SUPPLEMENT 2709.11-2007-1
EFFECTIVE DATE: 01/06/2007
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 30 – FEE DETERMINATION
11-30
31-49
50-100
over 100
$150
$250
$300
$300 (or as determined
by appraisal)
(2) Motion Picture and Video Filming.
Daily Rate for
Number of People
Daily Rate for
Location
1-10
11-30
31-60
61-100
over 100
$150
$250
$450
$600
$600
Each Staging Area
$75
$125
$225
$300
$300
(3) The number of people includes actors, models, and filming and support crew. If
the number of people exceeds 100, the authorized officer may order an appraisal to
determine fair market value. Absent such an appraisal, the maximum daily rental is
as shown on the schedules for both still photography and for motion picture filming.
(4) Charge fees for use in excess of 20 days at 85 percent of the daily rate.
b. Additional fees are required for special conditions identified in the following
schedule:
Activity
Daily Fee
Traffic control (road closures,
detours, and so forth)
$150
Use of Congressional or agency
identified areas such as Wilderness,
Research Natural Areas
$150
Authorized surface disturbances
(grading, removal of rocks, use of
heavy earth-moving equipment, or animals)
$100
Special effects (crashes, large
pyrotechnics, fire scenes, and so forth)
$100
R2 SUPPLEMENT 2709.11-2007-1
EFFECTIVE DATE: 01/06/2007
DURATION: This supplement is effective until superseded or removed.
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FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 30 – FEE DETERMINATION
c. A bond may be required for any activity requiring surface reclamation or
restoration.
d. The fee schedule will be updated annually based on the U.S. Department of Labor
Consumer Price Index for all urban consumers (CPI-U), U.S. City Average.
37.21c - Fee for Commercial Use
3. Short Stop Fee. Charge a flat fee of $1.00 per client per service day for each trip
(generally 4 hours or less) on National Forest System land. Make no further off-forest use fee
reductions. This commercial special use permit fee is separate from and in addition to any
entrance or user fees that may be charged the general public