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FOREST SERVICE HANDBOOK
ALASKA REGION (REGION 10)
JUNEAU, ALASKA
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 40 – SPECIAL USES ADMINISTRATION
Supplement No.: R-10 2709.11-2006-4
Effective Date: December 22, 2006
Duration: This supplement is effective until superseded or removed.
Approved: /s/ Paul K. Brewster (for)
DENNIS E. BSCHOR
Regional Forester
Date Approved: 12/06/2006
Posting Instructions: Supplements are numbered consecutively by Handbook 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 R-10
Supplement to this Handbook was 2709.11-2006-3 to chapter 40.
New Document
2709.11_40
44 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2709.11_40 (2709.11-2003-2, 6/30/2003
24 Pages
Digest:
Changes to this supplement have been made to consolidate guidance for Alaska National Interest
Lands Conservation Act (ANILCA) shelter and cabin special uses into one supplement.
Direction related to ANILCA cabins in Wilderness or Wilderness Study Areas was formerly
contained in the R10 FSM 2320 supplement, that direction has been incorporated into this
supplement.
Previous supplements to this chapter did not address certain uses such as clubs, organizational
camps and resorts in conjunction with provisions in the ANILCA. There are a limited number of
public recreation uses that could be affected by the provisions of ANILCA within the Alaska
Region. At times there has been inconsistency among units in the issuance and administration of
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the public recreation uses. To ensure consistency and equity in administration of clubs,
organizational camps and resorts, guidance for the public recreational uses is now included in
this supplement.
Adds section 41.1 Group Use, 1. Clubs
Adds section 41.13, Organizational Camp.
Adds section 41.3 Lodging. 1. Lodges, Resorts, Hotel/Motels.
Revises Section 42 – Agriculture, 1. Aquaculture or Aquatic farm sites to reference State of
Alaska regulations.
Revises Section 45 – Industry, 1. ANILCA permits for commercial operations. This section now
focuses on section 1316 of ANILCA, Allowed Uses, operations related to the taking of fish or
wildlife. The revisions to this section provide guidance for the authorization of allowed uses and
guidance for authorization of improved property for private personal use such as cabins and
related structures addressed by section 1303 of ANILCA.
Shows mandatory and optional clauses for each section.
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CHAPTER 40 – SPECIAL USES ADMINISTRATION
41 - RECREATION SPECIAL USES
41.1 Group Use
1. Clubs. A limited number of valid authorizations for private club uses existed when
ANILCA was enacted on December 2, 1980. Clubs are to be administered to serve the
membership of a club, group, or private organization. Per national policy at FSM 2347.2, club
uses are to be phased out over time. Deny applications for construction of new facilities, except
where they would replace similar existing facilities. Existing club authorizations are to be
administered in accordance with national policy and ANILCA guidance in this supplement.
a. Authority. The Organic Act of 1987 and ANILCA section 1303(d)
b. Policy. Private club uses are to be consistent with the purposes for which an area
has been designated in the Tongass or Chugach land management plans. Although
such facilities are not available for use by the general public, organizational use must
demonstrate a bon-a-fide recreational benefit to a number of the club members.
Any action that limits or eliminates existing uses (for example: those established prior
to December 2, 1980) are reserved to the Regional Forester. See R10-FSM 2323.04 –
Responsibilities.
c. Management Direction. (See FSM 2347.2)
(1) NEPA documentation will be required to determine the compatibility for the use
to the area or unit management. If environmental analysis documentation is not in the
authorization case file, upon renewal of the existing authorization the Authorized
Officer will need to determine any environmental effects of continuing the authorized
use.
(2) The Authorized Officer may renew an existing authorization, if it is determined
that:
(a) The authorized use is appropriate and compatible with the direction and objectives
for the area contained in the forest plan. If the forest plan does not have specific
direction, use a general guideline that constructed facilities should not normally be
located within approximately one-half mile of popular beaches, lakes, recreational
boat anchorages, or other special recreation places identified in the forest plan.
(b) The authorized use and occupancy will not adversely impact soils, vegetation,
water, fish or wildlife resources.
(c) The authorized use provides substantial recreational benefits to club members.
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(d) There is no demonstrated overriding need to use the land for other National Forest
System purposes.
(2) Maintain a full listing of club members, and a copy of the club by-laws as part of
the case file.
d. Permit Development.
(1) Permit Forms, Use Codes and Authorities. Use Permit form FS-2700-4. Private
club use code is 112. Cite The Organic Act of 1897 and ANILCA section 1303(d) for
clubs with valid existing permits at the time ANILCA was enacted.
(2) Permit Holder: Name of club entity, require club to name a designated
representative.
(a) Mirror Lake Fishing club, Chandler and Bass, Misty NM
(b) Ketchikan Snowmobile club, Ketchikan RD
(3) Tenure. Permits should be renewed every 5 years.
(4) Rental Fee. The Minimum Fee is shown in the Alaska Region Fee Schedule, FSH
2709.11, Chapter 30. A higher fee, based on market values, may be established with
Regional Forester approval.
(5) Change in Ownership. Since national direction is to phase out private club uses
over time, a special use authorization for club use may be transferred only one time
consistent with guidelines for implementing section 1303(d). Should the private club
members sell, transfer, or assign ownership to their improvements to another entity,
the Authorized Officer would evaluate the new owner/entity against established
special use screening criteria, and the NEPA evaluation process outlined in (c)
Management Direction above. If the new owner/applicant meets requirements for
holding an authorization, the Authorized Officer may issue a new authorization.
Changes in designation of holder representative, per clause R10-X101, does not
constitute a change in ownership to a new entity.
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EFFECTIVE DATE: 12/22/2006
DURATION: This supplement is effective until superseded or removed.
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Table 1: Regional terms and conditions related to club use
Required
Clause
Title
R10-B102
Emergency Rescue
R10-B134
Utility Installation (if applies)
R10-B104
Club Requirements
X
R10-D101
Contaminated Site clean Up
X
R10-D105
Invasive Species Prevention and Control
R10-E101
ANILCA Permit Tenure
X
R10-E102
No Proprietary Rights or Privileges
X
R10-E104
ANILCA Permit Termination
X
R10-E105
Authorization on Lands subject to disposal
(if use is on lands selected by the State of
Alaska, or Native Corporation)
R10-E106
Termination of Authorization on Lands
subject to disposal (if use is on lands
selected by the State of Alaska, or Native
Corporation)
R10-X101
Designation of Holder Representative
X
R10-X102
Tide Lands (if adjacent to saltwater)
R10-X103
ANILCA Facility Maintenance
X
R10-X106
Archaeological-Paleontological Discoveries
X
Optional
X
X
X
X
X
X
41.13 Organizational Camp
1. Organizational Camp. A limited number of valid authorizations for organizational
camp uses existed when ANILCA was enacted on December 2, 1980. Existing organizational
camp authorizations are to be administered in accordance with national policy at FSM 2721.13,
ANILCA section 1307(a), FSH 2709.11, chapter 40, section 41.13 and provisions in this
supplement.
a. Authority. The Occupancy Act of March 4, 1915. For organizational camps
existing on or prior to January 1, 1979, also cite ANILCA section 1307(a).
b. Policy. This use authorizes nonprofit organizations, institutions or agencies to
operate organizational camp facilities that promote the physical, mental and spiritual
health of young people, individuals with a disability, and their families, through
development of facilities and programs that promote environmental education, hiking,
fishing, and similar forest-related activities. This type of use is inconsistent with
lands designated as wilderness or wilderness study areas.
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Any action that limits or eliminates existing uses (for example: those established
prior to December 2, 1980) are reserved to the Regional Forester. See R10-FSM
2323.04 – Responsibilities.
c. Management Direction.
(1) NEPA documentation will be required to determine the compatibility for the use
to the area or unit management. If environmental analysis documentation is not in the
authorization case file, upon renewal of the authorization the Authorized Officer will
need to determine any environmental effects of continuing the authorized use.
(2) The Authorized Officer may renew an existing authorization, if it is determined
that:
(a) The authorized use is appropriate and compatible with the direction and objectives
for the area contained in the forest plan. If the forest plan does not have specific
direction, use a general guideline that constructed facilities should not normally be
located within approximately one-half mile of popular beaches, lakes, recreational
boat anchorages, or other special recreation places identified in the forest plan.
(b) The authorized use and occupancy will not adversely impact soils, vegetation,
water, fish or wildlife resources.
(c) The authorized use provides substantial recreational benefits to camp attendees.
(d) There is no demonstrated overriding need to use the land for other National Forest
System purposes.
(3) For new organizational camp uses, the proponent must demonstrate there is no
reasonable alternative site for construction of an Organizational Camp on lands
outside of the National Forest.
(4) Actions by the Authorized Officer that would limit or eliminate special uses
established prior to enactment of ANILCA on December 2, 1980, require approval by
the Regional Forester. See R10-FSM-2323.04 – Responsibilities.
d. Permit Development.
(1) Permit Forms, Use Codes, and Authorities. Use Term Permit form FS-2700-5c.
Cite The Occupancy Act of March 4, 1915. For organizational camps with valid
existing permits on or before January 1, 1979, also cite ANILCA section 1307(a).
(2) Permit Holder. Name of camp organization. Require camp to name a designated
representative.
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(a) Juneau Youth Services, Juneau Ranger District
(b) Alaska Conference of Seventh-Day Adventists, Wrangell Ranger District
(3) Tenure. The Occupancy Act of March 4, 1915 provides for a maximum 20 year
authorization. Occupancy uses consistent with Tongass NF and/or Chugach NF land
management plan, may be signed by the district ranger where a determination has
been made to continue that use. See FSM 2704.34.
(4) Rental Fee. Establish rental fees consistent with the National Forest
Organizational Camp Fee Improvement Act of 2003 (P.L. 108-7).
(5) Change in Ownership. Should the organizational camp owners sell, transfer, or
assign ownership of their improvements to another entity, the Authorized Officer
would evaluate the new owner/entity against established special use screening
criteria, and the NEPA evaluation process outlined in (c) Management Direction
above. If the new owner/applicant meets requirements for holding an authorization,
the Authorized Officer may issue a new authorization.
Changes in designation of holder representative, per clause R10-X101, does not
constitute a change in ownership to a new entity.
Table 2: Regional terms for organizational camp use
Clause
Title
R10-B101 Conduct
R10-B102 Emergency Rescue
R10-B103 Utility Installation (as it may apply)
R10-C101 Construction Plans and Materials
R10-D101 Contaminated Site clean Up
R10-D105 Invasive Species Prevention and Control
R10-E102 No Proprietary Rights or Privileges
R10-E105 Authorization on Lands subject to disposal
R10-E106 Revocation of Authorization on Lands
subject to disposal
R10-X101 Designation of Holder Representative
R10-X102 Tide Lands
R10-X106 Archaeological-Paleontological Discoveries
Required
Optional
X
X
X
X
X
X
X
X
X
X
X
X
41.2 - Individual Use
1. Administration of ANILCA Shelters/Temporary Facilities in Alaska. This section of
the supplement provides guidance for individual private use shelters. ANILCA shelters
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associated with an outfitter and guide operation (section 41.53), or used for commercial
operations (section 45) are addressed in other portions of this supplement.
a. Authority. ANILCA Section 1316 and the Organic Act of 1897
b. Objectives.
(1) Authorize the minimum facilities directly and necessarily related to the taking of
fish and wildlife.
(2) Minimize the impact of temporary facilities on other forest users
(3) Ensure that temporary facilities do not evolve into permanent structures or
occupancies on National Forest System lands.
(4) Ensure the safety of the general public and the permit holders.
(5) Protect the forest environment including soil, vegetation, water quality, wildlife,
air quality and historic resources, and control of invasive species.
(6) Comply with requirements for protection of threatened and endangered species,
historic structures and archaeological properties.
(7) Maintain the natural national forest setting by requiring the use of materials that
blend with and are compatible with the surrounding landscape.
(8) Continue uses associated with the taking of fish and wildlife per ANILCA section
1316.
c. Policy. On all public lands where the taking of fish and wildlife is permitted in
accordance with the provisions of ANILCA section 1316, or other applicable State
and Federal law, the Forest Service shall permit, subject to reasonable regulation to
ensure compatibility, the continuance of existing uses, and the future establishment
and use of temporary campsites, tent platforms, shelters, and other temporary
facilities and equipment directly and necessarily related to such activities.
The Authorized Officer may determine, after adequate notice, that the establishment
and use of new temporary facilities or equipment constitutes a significant expansion
of existing facilities or uses, which would be detrimental to the purposes for which
the area was established. In such a case new authorizations may be denied.
For shelters in wilderness, temporary facilities will only be authorized when the
proposed facilities are directly and necessarily related to the taking of fish and
wildlife and the following conditions exist:
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
Proposed facilities are needed as a practical necessity to conduct legal
activities for the taking of fish and wildlife.

Applicant has no practical alternative location on private land, or on NFS
land outside of wilderness.
Any actions that limit or eliminate existing uses (for example: those established prior
to December 2, 1980) are reserved to the Regional Forester. See R10-FSM 2323.04 –
Responsibilities.
d. Definitions. (Also see definitions in R10 Supplement to FSM 2320.5 and 2324.35)
ANILCA. The Alaska National Interest Lands Conservation Act, enacted by
Congress on December 2, 1980, became Public Law 96-487.
ANILCA 1316 Facilities. Temporary facilities that fall under the provisions of
section 1316 of ANILCA. Where a temporary tent frame structure is an acceptable
improvement, 41.2 - Exhibit 01 of this section should be used to set a standard of
construction or maximum design. Size of the facilities may be varied, but shall not
exceed 320 square feet. Site approval may include outbuildings up to a total of 150
square feet plus an outhouse.
Cache. A designated area or a small temporary facility solely for the storage of
equipment or food.
Commercial Use. Any activity that brings monetary or other remuneration to the
permit holder or any other person or entity using the authorized area.
Fish and Wildlife. Any member of the animal kingdom, including without limitation
any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other
invertebrate, and includes any part, product, egg, or offspring thereof, or the dead
body or part thereof (ANILCA Section 102(17)).
Maintenance. Maintenance is the act of keeping the facilities and equipment in an
ordinary, efficient operating condition. It includes preventative maintenance, normal
repairs, and activities needed to preserve the shelter or cabin and associated structures
for the length of the authorized use. On historic properties, some activities may
require consultation with the authorized officer.
Noncommercial Use. Activities that support the taking of fish and wildlife for private
personal use. No monetary or other remuneration is remitted to the permit holder or
any other person or entity using the authorized area.
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Permanent Foundation. Footings, piers or jacks installed to support the bearing
weight of the structures specified on the face of the authorization. A permanent
foundation requires some excavation and is constructed of durable materials.
Shelter. A structure designed to provide temporary relief from the elements,
characterized as a lean-to, having one side open.
Take or Taking. As used with respect to fish or wildlife, means to pursue, hunt,
shoot, trap, net, capture, collect, kill, harm, or attempt to engage in any such conduct
(ANILCA Section 102(18)).
Temporary Campsite. A natural, undeveloped area suitable for the purpose of
overnight occupancy with minimal modification to the resources in the area.
Temporary Facility or facilities. Any structure or other human-made improvement
that is intended to serve for a limited time and can be disassembled and stored, on
site, during periods of non-use. Further, the facility can be readily and completely
dismantled and removed from the National Forest within 48 hours. Temporary
facilities do not involve excavation of surface materials for a permanent foundation.
Facilities on wheels or skids shall not be regarded as temporary unless accessed by a
road (or terrain) capable of supporting equipment necessary to move the structure.
Structures on floats shall not be regarded as temporary unless they are floating on a
body of water in a manner that allows for transport off the National Forest within 48
hours. Facilities with the wheels removed, deflated or not bearing the weight of the
structure shall not be regarded as temporary.
Tent Platform. A structure, usually made of manufactured timber products,
constructed to provide a solid, level floor for a tent. Partial walls not exceeding 4 feet
in height above the floor may be employed. Only the tent fabric, the ridgepole, the
door, and its support poles may extend higher than 4 feet above the floor. See 41.2 Exhibit 01, Tent Frame Diagram and Material List.
41.2 - EXHIBIT 01 IS A SEPARATE DOCUMENT
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e. Management Direction. The following direction will be used in managing
noncommercial temporary facilities:
(1) Land management plans should contain standards and/or guidelines for the
administration of this use. As a guideline, tent platforms, outhouses, or other
constructed facilities should not normally be located within approximately one-half
mile of popular beaches, lakes, recreational boat anchorages, or other special
recreation places identified in the Forest Plan. Criteria developed in the plan will
supplement the Regional direction herein used to evaluate applications for this use. If
there is no specific direction contained in a land management plan, additional
standards and/or guidelines will be developed, consistent with the NEPA process.
The specific location of temporary facilities within a general area may be regulated to
ensure compatibility, prevent resource damage, and minimize conflicts with other
public users. The establishment and use of new temporary facilities within an area
may be denied when it would constitute a significant expansion of such use within an
area, and would be detrimental to the purpose of the area. Proposals for new facilities
will be screened according to the special uses screening criteria. Environmental
impacts will be evaluated, consistent with the federal laws and Forest Service policy.
In all cases, permitted facilities and equipment shall be constructed, used, and
maintained in a manner consistent with the protection of the National Forest area
within which they are located. All new facilities shall be constructed of materials that
blend with the environment and are located at sufficient distance from attractions and
transportation corridors to avoid conflicts with other users.
The specific location of temporary facilities within a wilderness shall ensure
compatibility with wilderness values. Tent platforms, outhouses, or other constructed
facilities shall be screened from the water, and located so that they are unobtrusive
from trails and areas of public use.
(2) Temporary Facilities authorized under this section include wall tents and pole,
tent platforms, caches, shelters, and associated temporary structures that are directly
and necessarily related to the taking of fish and wildlife but do not include cabins or
commercial uses.
(3) Single Sites. Normally one tent platform or wall tent, an outhouse, a smokehouse,
and a cache may be authorized on each permit area. If additional facilities are
requested, the applicant should provide a statement of reasons with the application of
how the additional facilities are directly and necessarily related to the allowed use and
why additional structures are required.
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(4) Multiple Sites. Individuals may be authorized the use of more than one temporary
facility site. Multiple sites shall be authorized on a single permit, and holder shall be
assessed a rental fee for each facility.
(5) Inspections. Permit areas should be inspected regularly to document the condition
of the permit area and facilities and to ensure that terms of the permit are being met.
(6) Nonexclusive Use. Permit holders will have exclusive use of the permitted
facilities and equipment during the approved occupancy of the site. However, others
may use the areas immediately surrounding the facilities. A standard notice, which
describes the conditions of occupancy, shall be posted at each site. Wording shall
include authority; name and address of holder; periods of occupancy; and state that
the area immediately surrounding the permitted facilities and equipment is available
for public use, as long as such use does not infringe on the rights of the permit holder.
See standard clause FS-2700-4, section 1, clause F.
Example wording for posting notice:
Use of this National Forest Land is authorized
Through a special use authorization with the
U. S. Department of Agriculture - Forest Service
Name and address of Permit Holder
period of occupancy
Land surrounding these facilities is available for public use.
local district contact
(7) Map. A location map shall be provided as an exhibit to the permit. The scale and
accuracy of the map should be detailed enough to allow the Authorized Officer to
locate the permit area on the ground, (e.g. be on a U.S. Geological Topography map
at a scale of 1:63,460) or better.
(8) Temporary Facilities in Wilderness. Check direction in FSM 2323. Equipment
authorized by section 1316 of ANILCA, shall include only temporary equipment
directly and necessarily related to the taking of fish and wildlife, but shall not include
motorized forms of transportation other than snow machines, motorboats, or
airplanes. See clause R10-D103 - Use of Equipment in Wilderness and Wilderness
Study Areas.
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f. Permit Development. (Applies to facilities both outside and inside of wilderness or
wilderness study areas).
(1) Permit Form/Use Code. Use permit form FS-2700-4.
(a) Temporary facilities not related to the taking of fish and wildlife should only be
issued in accordance with national policy under FSH 2709.11_41.2. Cite The
Organic Act of 1897. Use Code is 114.
(b) Temporary facilities for personal use necessary for the taking of fish and wildlife.
Cite ANILCA section 1316 as the authority. Use Code is 116.
(2) Tenure. Authorizations for temporary facilities shall be issued annually, to
ensure the temporary nature of facilities.
(3) Rental Fee. The Minimum Fee is shown in the Alaska Region Fee Schedule, FSH
2709.11, Chapter 30, Alaska Region Land Use fee schedule. A higher fee, based on
market values, may be established with Regional Forester approval.
Table 3: ANILCA Shelter uses
Clause
Title
R10-B101
Conduct
R10-D101
Contaminated Site clean Up
R10-D103
Use of Equipment in Wilderness and
Wilderness Study Areas
R10-D104
Regulation of Motorized Equipment in
Designated Wilderness or Wilderness
Study Areas
R10-D105
Invasive Species Prevention and Control
R10-E102
No Proprietary Rights or Privileges
R10-E105
Authorization on Lands subject to
disposal
R10-E106
Revocation of Authorization on Lands
subject to disposal
R10-X102
Tide Lands
R10-X103
ANILCA Facility Maintenance
R10-X106
Archaeological-Paleontological
Discoveries
Required
Optional
X
X
X
X
X
X
X
X
X
X
X
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2. ANILCA Cabins. (This section applies to all ANILCA section 1303 cabins both
outside and inside of wilderness or wilderness study areas). Permits will be issued under the
authority of the Alaska National Interest Lands Conservation Act of December 2, 1980. Permits
may be modified to reflect reasonable regulations as may be prescribed by the Secretary of
Agriculture due to changes in regulations and policy. This includes changes in permit terms,
tenure, and fees. All special use permits will be entered into the I-Web special use data system
(SUDS). Cabin codes should be reviewed and updated to reflect actual on-the-ground
conditions.
a. Authority. ANILCA Section 1303(b), (c), and (d), and the Organic Act of 1897
b. Objectives.
(1) Maintain remote cabin or residence sites in a natural condition.
(2) Ensure safety of the general public and the permit holders.
(3) Protect the forest environment including soil, vegetation, water quality, fish,
wildlife, air quality, and historic resources.
(4) Comply with requirements for protection of threatened and endangered species,
historic structures and archaeological properties, and control of invasive species.
(5) Maintain the natural national forest setting by requiring the use of materials that
blend with and are compatible with the surrounding landscape.
(6) Provide for the continuation of traditional uses of existing cabins and related
structures.
c. Policy. ANILCA Sections 1303(b), (c), and (d) provide specific direction for the
construction, use, and occupancy of cabins and other related structures existing at the
time ANILCA was enacted on Federal lands, other than National Parks in Alaska.
The specific direction listed here applies to cabins on National Forest System lands in
Alaska, excluding facilities on mining claims. Over time, national policy, in
combination with the provisions of ANILCA Section 1303, will result in a noticeable
reduction in the number of privately owned cabins on the public lands in Alaska. The
differing criteria are a reflection of congressional intent to balance the values to be
protected against fair and equitable treatment of persons using and occupying existing
cabins on public lands.
Any actions that limit or eliminate existing uses (i.e. those established prior to
December 2, 1980) are reserved to the Regional Forester. See R10-FSM 2323.04 –
Responsibilities.
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d. Definitions. (In addition to definitions listed in section 41.2,1(d)). (Also see
definitions in R10 Supplement to FSM 2320.5 and 2324.35)
Cabin. A small, usually one-story, dwelling of simple construction, completely
enclosed with a roof and walls, which may have windows and doors. Cabin size shall
not exceed 500 square feet living space as measured around the most exterior roof
supports – typically walls or pilings. Overall height, as measured from the lowest
building elevation to the highest point on the building shall not exceed 16 feet. Other
temporary facilities associated with a cabin may be a total of 150 square feet, plus an
outhouse.
Note: Size specifications may not apply to authorizations existing
at the time ANILCA was enacted (for example: cabins authorized
by section 1303(d) of ANILCA may have been authorized with
larger structures on the face of the permit at the time ANILCA was
enacted).
Change in Ownership (or transfer): When private improvements change ownership,
or are transferred to a new owner the Authorized Officer may issue a new special use
authorization. Refer to FSM 2716.1 and 36 CFR 251.59.
Claimant. A person certifying their occupancy and use of a cabin on the National
Forest System lands predated enactment of ANILCA on December 2, 1980. The
facilities occupying NFS land without an authorization were in trespass, however,
section 1303(b)(2) of ANILCA provided an opportunity for a claimant to apply for a
special use authorization.
Decks. Decks are uncovered platforms attached to the cabin or residence.
Immediate Family Member. An immediate family member is defined as claimant’s
legal spouse, grandparent, parent, brother, sister, child, or adopted child of a claimant,
or adopted child of the claimant’s spouse. To qualify, a person must have been part
of the immediate family, and alive as of December 2, 1980. The claimants must have
requested the addition of immediate family members in writing, when submitting
their original application for an authorization.
Original Permit Holder. The original permit holder is the holder of record listed on
an existing permit on or before December 2, 1980.
Porch. A porch is a platform, attached to the cabin or residence, covered with a roof,
but open on the sides.
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Reasonable Regulations. The term reasonable regulation means all the terms and
conditions of a special use authorization that are necessary to comply with the
authorized use; and federal laws, regulations, and agency policies applicable to the
subject use and occupancy of National Forest System lands and resources.
e. Management Direction. (Applies to cabins outside and inside of wilderness or
wilderness study areas, but refer to R10-FSM 2324.35 for specific direction on cabins
in wilderness)
(1) NEPA Analysis and Documentation. The Authorized Officer will identify and
document any environmental effects upon continuing an existing use or establishing a
new use under ANILCA provisions. Land management plans should contain
standards and/or guidelines for the administration of this use. As a guideline, cabins,
outhouses, or other associated facilities should not normally be located within
approximately one-half mile of popular beaches, lakes, recreational boat anchorages,
or other special recreation places identified in the Forest Plan. If there is no specific
direction contained in a land management plan, additional standards and/or guidelines
will be developed, consistent with the NEPA process.
Permitted facilities and equipment shall be constructed, used, and maintained in a
manner consistent with the protection of the National Forest area within which they
are located. All new facilities shall be constructed of materials that blend with the
environment and are located at sufficient distance from attractions and transportation
corridors to avoid conflicts with other users.
(2) Termination or Revocation. The Forest Service may revoke an ANILCA permit,
if the Authorized Officer determines, that on the basis of substantial evidence in the
administrative record, the use of the permit is causing or may cause significant
detriment to the principal purposes for which the unit or area was established. This
determination requires that the permit holder be notified and provided an opportunity
to respond.
In addition, under the provisions of 36 CFR 251.60 – Termination, Revocation, and
suspension, and FSM 2716.2 and FSM 2716.3, the Forest Service may terminate,
revoke or suspend an authorization for failure to comply with the terms and
conditions of the authorization.
(3) Improvements to or Replacement of Facilities. When authorized by the existing
authorization, the improvements may be maintained, rehabilitated, replaced in kind,
or removed, but may not be enlarged. No new structures or major modifications of
existing structures will be allowed unless required to meet health and safety
requirements. Improvements or replacement structures shall have prior written
approval from the Authorized Officer.
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Replacement “in kind” means replacing one structure with a structure that has the
same purpose and function and is the same size or smaller. For example, a storage
shed is replaced with a storage shed; a deck space is replaced with deck space;
enclosed living space within a facility is replaced with living space; and an outhouse
is replaced with an outhouse.
“No enlargement” at time of replacement means the facilities approved on the face of
the authorization as of December 2, 1980, when ANILCA was enacted, or approved
at the issuance of the original authorization for facilities not under permit on
December 2, 1980, are the approved facilities. Enlargement includes length, width,
and height of all structures. If the cabin height was not specified on the face of the
original authorization, then a facility shall not exceed 16 feet total height. No
additional facilities, no additional improvements, or enlargements of existing
facilities shall be authorized. Do not combine the square footage from storage or
deck spaces and add it into the living space of the authorized facilities at the time of
maintenance, rehabilitation, or reconstruction.
(4) Cabins in Wilderness or Wilderness Study Areas. Require the use of Regional
clause D104 – Regulation of chainsaw, generator, and other motorized equipment in
Designated Wilderness Areas.
(5) Order of Precedence. All other provisions of the Forest Service Manual and
Handbooks regarding special use authorizations for cabin uses shall apply. This R-10
Supplement shall apply, to the extent that this direction reflects ANILCA
requirements, where Washington Office direction is in conflict.
3. Authorized Cabins Under Permit as of December 2, 1980.
a. Authority. ANILCA 1303(d) and others as shown below by authorization type.
b. Policy. Nothing in ANILCA shall preclude the renewal or continuation of valid
leases or permits in effect on the date of enactment of this Act for cabins, home sites,
or similar structures on Federal lands. Permits issued under this authority are
renewable, and subject to a one-time transfer at the election or death of the original
permit holder. Special use permits for individual cabin use under this section will be
given a special use code commensurate with use.
Any action that limits or eliminates existing uses (for example: those established prior
to December 2, 1980) are reserved to the Regional Forester. See R10-FSM 2323.04 –
Responsibilities.
c. Management Direction.
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The direction provided in Section 2 – ANILCA Cabins applies to authorized cabins
under permit as of December 2, 1980.
(1) Provisions for a Minor. At the time of the one-time change in ownership of an
existing ANILCA cabin permit (issued according to section 1303(d) of ANILCA),
there is often a request that the transfer of the cabin be to the youngest member of the
immediate family, who is often a minor. To do this, the following documentation is
required:
(a) Appointment of an adult guardian for the minor child by a court, in compliance
with State law, unless the adult is the minor child’s parent.
(b) Explicit written agreement by the guardian to assume the minor’s liability and
responsibility for compliance with the terms of the permit.
(c) Change in ownership documentation will be attached to the special-use permit. The
guardian, as well as the minor child transferee, should sign the transfer documentation,
and assume legal responsibility for the terms and conditions of the permit until the
minor reaches majority.
(2) Conversion of Type of Use. When it will be to the public benefit and at the
discretion of the Authorized Officer, and with the written agreement of the permit
holder, the type of special use may be converted to another type of use if it is more
consistent with the actual use occurring at the site on/or before ANILCA was enacted.
The authorities, size of site, and provisions of the new authorization must be
consistent with the conversion to another type of use. Once agreement has been
reached on conversion of use type, and a new permit is issued, the land occupancy
cannot be changed back to its prior use.
(a) For Example, a Recreation Residence, which allows for a longer period occupancy
each year, may be converted to an Isolated Cabin based on a more restrictive period
of use and size of site. Once a new permit is issued, that site cannot be changed back
to a Recreation Residence type of use again.
(b) Another example for conversion, at the time ANILCA was enacted, a couple held
a permit for an Agriculture Residence in a remote location. The current holders of the
permit are one of that couple’s children, but they are no longer able or willing to live
full time at the remote site of the Agriculture Residence. National policy is to move
away from full time residences on the national forest. According to National policy,
and according to the terms and conditions of an Agriculture Residence permit, if the
use of the residence is not full time then the permit is to be terminated. Yet under
ANILCA, the permit holders have pre-ANILCA rights for the life of the claimant and
immediate family members. At the discretion of the authorized officer, an
Agriculture Residence could be converted to an isolated cabin, as long as the permit
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holder is willing to abide by more restrictive terms in their permit and use of a smaller
site with fewer facilities under authorization. The authorized officer could use this
conversion of use type as a means of removing unused or unneeded structures from
National Forest lands, while still honoring the pre-ANILCA rights of the permit
holder. The converted permit will also more accurately reflect actual use of the site
as intermittent rather than full time. Once an Agriculture Residence occupancy is
converted to an Isolated Cabin authorization, it cannot be changed back to its prior
use.
d. Permit Development.
(1) Permit type codes, forms, and authorities.
(a) Agriculture Residence/Residence Cabin. These designations cover year-long
residences that are usually part of a town or community, and are privately-owned
structures. In Alaska, the few remaining resident permits date back to the period
when Forest home sites were allowed. No new uses of this kind will be authorized
(per FSM 2723.5). The construction of new cabins is prohibited as stated in ANILCA
Section 1303(b)(1).
i. Existing Agriculture residence cabins should be identified with use code 223. Use
permit form FS-2700-4. Cite ANILCA 1303 (d) and the Organic Act of 1897 in the
authorities section.
ii. Existing residence cabins should be identified with use code 351. Use permit
form FS-2700-4. Cite ANILCA 1303 (d) and the Organic Act of 1897 in the
authorities section.
(b) Isolated Cabins. This designation includes isolated individual use cabins located
on sites not designated for recreation residence purposes. These cabins are privately
owned for noncommercial personal use. Isolated cabins should be phased out (See
FSM 2721). Hunter cabin permits originally issued for the taking of surplus game
were scheduled for termination in the 1970’s. Since they were allowed to continue
past their expiration date and enactment of ANILCA, they will be administered as an
existing authorization according to this R-10 supplement. Hunter cabins should be
identified with use code 121. There will be no new cabins except as allowed in this
supplement. This direction supersedes FSM 2721.21. Use code is 121. Use permit
form FS-2700-4. Cite ANILCA 1303(d) and the Organic Act of 1897 in the
authorities section.
(c) Recreation Residence. This designation includes only those residences that
occupy planned, approved tracts established for recreation residence use. These
cabins are privately owned. No full-time residence use is allowed under this
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designation. To the extent a change in authorization use code is feasible, Alaska
Region recreation residence authorizations should be converted to Isolated Cabins
authorizations, since none currently occupy planned, approved residential tracts.
ANILCA prohibits any new cabin permits for private recreational use. The policy for
recreation residences is that no new facilities for private use will be approved.
Replacement in kind of an existing structure destroyed is authorized, where no future
public need for the site has been identified (FSM 2347). Section 1303(d) applies for
valid authorizations in existence at the time ANILCA was enacted. Follow direction
in this supplement. Cabins in this category should be identified with use code 123.
Use permit form FS-2700-5a. Cite ANILCA 1303(d) and the Occupancy Act of Act
of March 4, 1915 in the authorities section.
(2) Permit Holder(s) Name. For existing cabins with valid permits at the time
ANILCA was enacted the permit remained in the name of the original permit holder.
i. Permits that have been transferred one time at the election or death of the original
permit holder will be issued in the name of the subsequent holder, per national policy.
The subsequent holder may request listing of immediate family members at the time
of the request for transfer application.
ii. Once issued to the subsequent holder, if the holder name on the authorization is
being changed to another member of the immediate family, this is not considered a
change in ownership or permit transfer. Change name of the permit holder through
an authorization amendment, if it is mid-tenure of the authorization. If the change in
permit holder’s names occurs at the end of the tenure, then re-issue the authorization
in the name of designated immediate family member. Use clause R10-X101 –
Designation of Holder Representative, for all authorizations with a listing of multiple
immediate family members.
iii. For cabins within wilderness do not list immediate family members on transferred
authorizations. This policy allows forest management to remain consistent with
section 102 (13) of ANILCA and the Wilderness Act of 1964.
(3) Permit Tenure and Renewal: Issue according to the original terms of the
authorization in effect at the time ANILCA was enacted (1303(d) cabins). If the
tenure was not stated in the original authorization, issue as a 5-year renewable
authorizations, and use clause R10-E101 – ANILCA Permit Tenure.
Upon expiration of a valid, existing permit, cabin use shall be re-authorized to the
holder, as long as the holder was in compliance with the terms and conditions of the
permit at the time of expiration. The provisions of the reissued permit should be in
accordance with the provisions of the original lease or permit, subject to any new
reasonable regulations.
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Valid, existing permits shall be renewed until the death of the original permit holder
or the death of the last immediate family member of the subsequent permit holder,
with 36 CFR 251.64 - Renewals, and FSM 2716.12 – Review Before Reissuance. A
renewal is accomplished through issuance of a new authorization to the current
holder.
(4) Rental Fee. The Minimum Fee is shown in the Alaska Region Fee Schedule, FSH
2709.11, Chapter 30, Alaska Land Use fee schedule. A higher fee, based on market
values, may be established by approval from the Regional Forester.
(5) Change in Ownership (or transfer). Permits will be considered for transfer in
accordance with the provisions of the existing authorization (36 CFR 251.59 –
Transfer of Authorized Improvements and FSM 2716.1 – Change in Ownership).
When the original permit holder ceases to be the owner of the authorized
improvements the authorization terminates on its own terms. The new owner of the
authorized facilities may request issuance of a new permit. The authorized officer
may issue a new permit (e.g. transfer) with any new provisions as required by
reasonable regulations. Special use authorizations for cabins in existence on
December 2, 1980, issued pursuant to section 1303(d) of ANILCA, may undergo a
transfer one time, at the election or death of the original permit holder. Following a
change in ownership of the facilities, include clause R10-E101 – ANILCA Permit
Tenure.
Following the one time transfer of the authorized facilities from the original permit
holder to a subsequent owner, the authorized officer issues a nontransferable permit,
similar to authorizations issued according to section 1303(b) of ANILCA. In July
1992, the Alaska Region modified cabin policy for cabins issued according to section
1303(d) of ANILCA to allow the addition of immediate family members to special
use authorizations issued subsequent to the one time transfer (R10 supplement FSH
2709.22-92-3). This was done to remain consistent and equitable with provisions of
1303(c) of ANILCA. No future authorization will be issued to a subsequent family
member or applicant, due to a change in ownership of the improvements. See clause
R10-E103 – ANILCA Permit Assignability.
Table 4: Regional clauses for cabins with a valid, existing permit when ANILCA
was enacted
Clause
Title
Required
Optional
R10-B101
Conduct
X
R10-C101
Construction Plans and Materials
X
R10-D101
Contaminated Site clean Up
X
R10-D103
Use of Equipment in Wilderness and
X
Wilderness Study Areas
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R10-D104
R10-D105
R10-E101
R10-E102
R10-E103
R10-E104
R10-E105
R10-E106
R10-X101
R10-X102
R10-X103
R10-X106
Regulation of Motorized Equipment in
Designated Wilderness or Wilderness Study
Areas
Invasive Species Prevention and Control
ANILCA Permit Tenure
No Proprietary Rights or Privileges
ANILCA Permit Assignability
ANILCA Permit Termination
Authorization on Lands subject to disposal
Revocation of Authorization on Lands
subject to disposal
Designation of Holder Representative
Tide Lands (if near saltwater shoreline)
ANILCA Facility Maintenance
Archaeological-Paleontological Discoveries
X
X
X
X
X
X
X
X
X
X
X
X
4. Unauthorized Cabins In Existence on December 2, 1980. This section applies to
cabins that were occupying National Forest System lands at the time of enactment of ANILCA
on December 2, 1980, but were not authorized under a special use permit. Cabins used for
traditional and customary uses are allowed to continue in accordance with a nontransferable,
renewable permit, so long as the uses are compatible with the purposes for which the area or unit
was established.
a. Authority. ANILCA Section 1303(b)(2), and the Organic Act of 1897.
b. Policy. Traditional and customary uses of cabins existing prior to enactment of
ANILCA may be allowed to continue under the terms of a special use permit, as long
as such uses are compatible with the purposes for which the unit was established. No
special use permit shall be issued to authorize use of an existing cabin constructed for
private recreational use. Facilities in existence on December 2, 1980, are permitted
and the claimant is allowed to continue occupancy under the terms and conditions
contained in a special use permit.
Claimant must demonstrate traditional and customary use of cabin and activities prior
to December 2, 1980. No permits shall be issued for the construction of a cabin for
private recreational use.
Land occupancy and cabin use must be compatible with the purposes for which the
unit or area was established. This determination will be made by the Authorized
Officer through appropriate NEPA documentation.
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Any action that limits or eliminates existing uses (for example: those established
prior to December 2, 1980) are reserved to the Regional Forester. See R10-FSM
2323.04 – Responsibilities.
The Regional Forester may revoke such permits in accordance with the terms and
conditions of the authorization, or if, after notice and hearing, it is found that the use
under the permit is causing, or may cause, significant harm to the principal purposes
for which the unit or area was established.
To qualify for a permit the applicant must:
(1) Have no reasonable alternative site for construction of a cabin on private land, or
lands outside of the national forest system.
(2) Demonstrate, by affidavit, bill of sale, or other documentation, proof of
possessory interests or rights of occupancy in the cabin;
(3) Submit a list of all immediate family members. Such a list may be updated upon
change in immediate family member status, i.e. through death, marriage or divorce,
adoption etc. In order to update the list of immediate family members, claimant must
submit evidence to support the requested change.
(4) Submit a sketch or photograph of the cabin or structure and a map showing its
geographic location;
(5) Agree to vacate and remove the cabin or structure, within a reasonable time period
established by the Forest Service, all personal property from it, upon non-renewal or
revocation of the permit (clause R10-E102).
(6) Acknowledge in the permit application that the applicant had no interest in the
real property on which the cabin or structure is located (clause R10-E102).
(7) Authorize only those uses identified in Section 1303(b)(2), and the traditional and
customary uses declared in the claimant’s application.
(8) Individuals may have only one cabin site per individual and household. Notice
was provided in the Dear Alaskan letter and Q&A’s mailed to interested parties in
May 1987. See 2709.11_41_exhibit02 to this supplement.
c. Management Direction.
Management Direction provided in Section 2 – ANILCA Cabins, generally applies to
all ANILCA cabins.
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(1) Application Period. The period for accepting and processing applications for
unauthorized cabins existing at the time of enactment of ANILCA is past. This was a
limited time opportunity for those individuals who could demonstrate a valid interest
to a cabin that they used prior to enactment of ANILCA on December 2, 1980. The
information package that was mailed to "Dear Alaskans" dated May 1, 1987, is
shown in 41.2 - Exhibit 02.
All cabins constructed after December 2, 1980 without authorization, or cabins of
individuals failing to file a timely application for a special use permit are to be
handled as unauthorized trespass on National Forest System land.
In the event a cabin owner filed a timely application for a trespass cabin with a ranger
district office, and the application has not been processed, it is within the authorized
officer's discretion to determine whether to proceed with environmental analysis and
findings and whether an authorization is warranted.
d. Permit Development.
(1) Permit Forms, Use Codes and Authorities.
Pre-ANILCA Cabins. This designation includes cabins that were occupying National
Forest System lands at the enactment of ANILCA (December 2, 1980), but were not
under a special use authorization. These cabins are permitted for traditional and
customary uses where compatible with the purposes for which the area or unit was
established. Use code 374, and use permit form FS-2700-4. Cite ANILCA 1303 (b)
and the Organic Act of 1897.
(2) Holder Name. Section 1303 (c) of ANILCA provides for the listing of immediate
family members, on the face of an authorization issued under section 1303(b). Issue
the authorization in a single family member’s name, but include the remaining
immediate family members on the face of the authorization. Include clause R10-X101
– Designation of Holder Representative.
(3) Rental Fee. The Minimum Fee is shown in the Alaska Region Fee Schedule, FSH
2709.11, Chapter 30, Alaska Land Use fee schedule. A higher fee, based on market
values, may be established through approval of the Regional Forester.
Table 5: Regional clauses for cabins without a permit when ANILCA was
enacted.
Clause
Title
Required
Optional
R10-B101 Conduct
X
R10-D101 Contaminated Site clean Up
X
R10-D103 Use of Equipment in Wilderness and
X
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R10-D104
R10-D105
R10-E101
R10-E102
R10-E103
R10-E104
R10-E105
R10-E106
R10-X102
R10-X103
R10-X106
Wilderness Study Areas
Regulation of Motorized Equipment in
Designated Wilderness or Wilderness Study
Areas
Invasive Species Prevention and Control
ANILCA Permit Tenure
No Proprietary Rights or Privileges
ANILCA Permit Assignability
ANILCA Permit Termination
Authorization on Lands subject to disposal
Revocation of Authorization on Lands
subject to disposal.
Tide Lands (if use is adjacent to saltwater)
ANILCA Facility Maintenance
Archaeological-Paleontological Discoveries
X
X
X
X
X
X
X
X
X
X
X
5. New Cabins Authorized under ANILCA.
a. Authority. ANILCA Sections 1303(b)(1), and the Organic Act of 1897.
b. Policy. Construction of new cabins within conservation system units or areas is
prohibited except where no reasonable alternative site exists and the proposed
construction and maintenance of the cabin is compatible with the purposes for which
the unit or area was established, and that the use of the cabin is directly related to the
administration of the unit or area, or is necessary to provide for continuation of an
ongoing activity or use otherwise allowed within the unit or area where the applicant
has no other reasonable alternative site for constructing a cabin. Construction and use
of new cabins are usually associated with other agency or non-profit organizational
uses, such as Alaska Department of Fish and Game, or non-profit fish hatcheries. For
commercial or industrial special uses follow the policy in section 45-Industry.
c. Management Direction. The guidelines provided in Section 2 – ANILCA Cabins
apply to New Cabins authorized under ANILCA.
d. Permit Development.
(1) Permit Forms, Use Codes, and Authorities. Use permit form FS-2700-4. Cite
ANILCA 1303(b)(1) and (b)(4) and the Organic Act of 1897 in the authorities
section. Use type is Isolated Cabins, code 121.
(2) Holder Name. Issue the authorization in the name of an individual permit holder.
If the new cabin is for an agency, or non-profit organization, include clause R10X101 – Designation of Holder Representative.
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(3) Rental Fee. The Minimum Fee is shown in the Alaska Region Fee Schedule, FSH
2709.11, Chapter 30, Alaska Land Use fee schedule. A higher fee, based on market
values, may be established through approval of the Regional Forester.
(4) Tenure. ANILCA section 1303(b)(1) provides for 5-year renewable permits see
clause R10-E101 – ANILCA Permit Tenure.
(5) Wilderness. Cabins in wilderness or wilderness study areas require the use of
Regional clause D104 - Regulation of Chainsaw, generator, and other motorized
equipment in Designated Wilderness Areas.
Table 6: Regional clauses for new ANILCA cabins
Clause
Title
R10-B101
Orderly Conduct
R10-C103
Bonds, Performance (evaluate risk-need)
R10-D101
Contaminated Site clean Up
R10-D103
Use of Equipment in Wilderness and
Wilderness Study Areas
R10-D104
Regulations of Motorized Equipment in
Designated Wilderness or Wilderness
Study Areas
R10-D105
Invasive Species Prevention and Control
R10-E101
ANILCA Permit Tenure
R10-E102
No Proprietary Rights or Privileges
R10-E103
ANILCA Permit Assignability
R10-E104
ANILCA Permit Termination
R10-E105
Authorization on Lands subject to
disposal
R10-E106
Revocation of Authorization on Lands
subject to disposal
R10-X101
Designation of Holder Representative (if
needed)
R10-X102
Tide Lands (if needed)
R10-X103
ANILCA Facility Maintenance
R10-X104
ANILCA New Cabin and related
structures
R10-X106
Archaeological-Paleontological
Discoveries
Required
Optional
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
6. Trespass Cabins - Not Under Permit. Unauthorized cabins constructed after
December 2, 1980, or cabins of persons failing to submit a timely application for a special use
permit under the provisions of ANILCA, are considered an unauthorized trespass on National
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Forest System land. The normal administrative and law enforcement remedies are available for
resolving trespass issues.
41.3 – Lodging
1. Resort, and Hotel/Motel. Within the Alaska Region a limited number of
authorizations addressing Resort and/or Hotel/Motel uses were authorized at the time ANILCA
was enacted on December 2, 1980. These uses are to be administered in accordance with
national policy and ANILCA provisions. See FSM 2721.32 and 2721.33, and FSM 2343.3, as
well as guidance in this supplement.
a. Authority. The Occupancy Act of March 4, 1915; ANILCA 503(j) for Thayer
Lake Lodge, and ANILCA section 1307(a) for Humpback Lake Lodge.
b. Policy. Operations of the identified resorts contribute to sustainability of the
regional economy, while providing valuable public access to the National Forest.
Authorized uses governed by this section are to be consistent with the purposes for
which an area has been designated in the forest plan, or as authorized in ANILCA.
Uses currently authorized within wilderness may be continued pursuant to ANILCA,
but will be phased out over time. New authorizations for resort, or hotel/motel uses
are incompatible within a wilderness or wilderness study area land use designation.
Deny proposals or applications for new uses within wilderness or wilderness study
areas. For Resort and/or Hotel/Motel use applications outside of wilderness or
wilderness study areas, follow national guidance cited above.
Any action that limits or eliminates existing uses (i.e. those established prior to
December 2, 1980) are reserved to the Regional Forester. See R10-FSM 2323.04 –
Responsibilities.
c. Management Direction.
(1) The authorized use should be appropriate and compatible with the direction and
objectives for the area shown in the forest plan. If the forest plan does not have
specific direction, use a general guideline that authorized facilities should not
normally be located within approximately one-half mile of popular beaches, lakes,
recreational boat anchorages, or other special recreation places identified in the Forest
Plan.
(2) The Authorized Officer may renew or transfer an authorized Lodge, Resort or
Hotel/Motel permit, if it is determined that:
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(a) The authorized use is appropriate and compatible with the values and purposes of
the management area as designated in the Tongass NF or Chugach NF Land
Management Plan.
(b) The authorized use and occupancy will not adversely impact soils, vegetation,
water, fish or wildlife resources.
(c) The authorized use provides substantial public recreational benefits.
(d) Applicant is able to successfully demonstrate the financial and business capability
to operate such a facility. Applicants may demonstrate such capability by
participating in a Small Business Association review of the applicant’s business and
operating plan.
(e) There is no demonstrated overriding need to use the land for other National Forest
System purposes.
d. Permit Development.
(1) Permit Forms, Use Codes and Authorities. Cite The Occupancy Act of March 4,
1915; and ANILCA 503(j) for Thayer Lake Lodge; and ANILCA section 1307(a) for
Humpback Lake Chalet.
(a) Use Code 132 is for Hotel/Motel. Use Term Permit form FS-2700-5c.
(b) Use Code 133 is for Resort. Use Term Permit form FS-2700-5c.
(2) Holder Name. Issue permit to an individual, “doing business as,” not in the name
of a business entity.
(3) Permit Tenure. The Occupancy Act of March 4, 1915 provides for a maximum 20
year authorization. Issuance of new authorizations for permanent facilities issued
pursuant to ANILCA authority is reserved to the Regional Forester. Forest
Supervisors have delegated authority to re-issue and approve term permits for
facilities previously authorized by the Regional Forester.
(a) Thayer Lake Lodge is allowed to continue for the lifetime of the permit holder
designated as of January 1, 1979, or the surviving spouse or children of the permit
holder, whoever lives longer, per ANILCA section 503(j).
(b) Humpback Lake Chalet tenure is to be consistent with the provisions of ANILCA
1307(a).
(4) Rental Fee. Use the Graduated Rate Fee System (GRFS) per FSM 2715.11.
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(5) Permit Renewal. Existing permits may be renewed, unless terminated in
accordance with the terms and conditions of the permit or revoked by the Regional
Forester. See clause R10-E104 – ANILCA Permit termination.
(6) Change in Ownership. Special use authorizations for a resort or hotel/motel uses
within wilderness will be phased out. Authorizations for uses outside of wilderness
or wilderness study areas may be re-issued to a new holder, if the intent is to use these
facilities to offer recreation opportunities to the public and upon a determination by
the Authorized Officer as outlined in the Management Direction section.
A change in ownership for the Thayer Lake Lodge is not available according to the
provisions of section 503(j) of ANILCA.
Table 6: Resorts, and Hotel/Motel uses
Clause
Title
R10-B101
Conduct
R10-B102
Emergency Rescue
R10-B103
Utility Installation
R10-C101
Construction Plans and
Materials
R10-C102
Operation and Management
Plans
R10-D101
Contaminated Site clean Up
R10-D103
Use of Equipment in
Wilderness and Wilderness
Study Areas
R10-D104
Regulation of Motorized
Equipment in Designated
Wilderness or Wilderness
Study Areas
R10-D105
Invasive Species Prevention
and Control
R10-E101
ANILCA Permit Tenure
R10-E102
No Proprietary Rights or
Privileges
R10-E104
ANILCA Permit Termination
R10-E105
Authorization on Lands subject
to disposal
R10-E106
Revocation of Authorization
on Lands subject to disposal
R10-X101
Designation of Holder
Representative
Required
X
X
X
X
Optional
X
X
X
X
X
X
X
X
X
X
X
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R10-X102
R10-X103
R10-X105
R10-X106
Tide Lands (if appropriate to
the permitted area)
ANILCA Facility Maintenance
Holder’s Operations
ArchaeologicalPaleontological Discoveries
X
X
X
X
41.5 - Services
41.53 - Outfitters and Guides
See national direction at 2709.11, chapter 40, section 41.53 for Objectives, Policy, definitions,
etc as it applies to Outfitter and Guides. Direction for outfitter and guide operations within
wilderness is found in R10 supplement to FSM 2320. Direction specific to the Alaska Region
tiers to national direction, hence the different numbering system shown below.
41.53j - Permit Terms and Conditions
12. National Forest identification shall be included in all printed brochures, including
stand-alone rack cards and major advertisements in magazines, internet home pages, radio,
television, and other media. As a minimum the ad should state that the business is authorized on
the Tongass and/or Chugach National Forests. Display of a Forest Service shield alone is not
sufficient.
However, the advertising requirement is waived for very short-duration radio or television spot
ads (less than 30 seconds) and for small-sized (less than 7-square inches) newspaper or magazine
ads when the purpose is to stimulate inquiries for more information about the services offered. It
is important that all visitors be aware that they are visiting the National Forest and be informed
that the visitor service provider is legally authorized to conduct its business on the National
Forest.
13. Ensure temporary facilities associated with authorized outfitter and guide operations
according to section 1316 of ANILCA, do not evolve into permanent structures or occupancies
of National Forest System lands. Guidance for managing temporary facilities under section 1316
for commercial operations is found in section 45 – Industry.
14. Permit Forms, Use Codes, and Authorities.
(a) Permit Form. Form FS-2700-4i, Special Use Permit for Outfitting and Guiding
(01/2004) is to be used for authorizations granting more than 50 service days. Form
2700-25, Temporary Special Use Permit (02/1999) may be used for authorizations
granting of 50 service days or less.
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(b) Use Code.
i. Use Code 153 is for Outfitter and Guide activities.
ii. Use Code 514 is for temporary shelters associated with commercial operations for
the taking of fish and wildlife.
The parent authorization will be for outfitting and guiding activities (code 153), but in situations
where temporary facilities are associated with the guiding activities, then uses code 514 must
also be shown on the authorization and assess a land rental fee for each facility.
(c) Authority. Federal Lands Recreation Enhancement Act, Title VIII, Div. J, of PL
108-447
15. Permit Tenure. Forest Supervisors may authorize District Rangers may be
authorized to sign ten-year Outfitter and Guide permits per FSM 2704.34.
16. Rental Fee. Follow direction in Regional supplement to FSH 2709.11, Chapter 30,
section 37 – Outfitter and Guide fees.
41.53k - Permit Administration
Follow national guidance for how to prepare and complete performance evaluations.
1. Performance Review and Evaluation.
b. Performance Ratings.
(1) Documentation. Use the Alaska Region Outfitter/Guide Performance Evaluation
Form (R10-2700-16 (1/99)) to document performance reviews, evaluations, and
annual performance ratings. This form is included as exhibit 04 to this supplement.
41.2 - EXHIBIT 04 IS A SEPARATE DOCUMENT
42 - AGRICULTURE
1. Upland Uses Approved in Conjunction With State of Alaska Aquaculture Permits.
a. Authority. The Organic Act of 1897.
b. Objectives.
(1) Maintain natural setting around approved uses. This type of use is incompatible
with wilderness or wilderness study areas.
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(2) Ensure safety of the general public and the permit holders.
(3) Protect the forest environment including soil, vegetation, water quality, wildlife,
air quality, and historic resources.
(4) Comply with requirements for protection of threatened and endangered species,
historic structures and archaeological properties, and control of invasive species
(5) Maintain the natural national forest setting through use of materials which blend
with and are consistent with the surrounding natural landscape.
(6) Ensure temporary facilities do not evolve into permanent structures or
occupancies on National Forest System lands.
(7) Comply with the terms and conditions of the special use permit.
c. Policy. Since aquaculture activities greatly affect access and uses of the upland
areas, it is essential that the Forest Service actively participate in the permitting
process of the Alaska Department of Natural Resources (DNR) for proposed leases.
Prepare well-written and timely responses for all opportunities in the DNR permitting
process. The upland land owner’s views are an important consideration in the
permitting process.
d. Definitions. (In addition to the definitions listed in sections 41.2,1(d) and
41.2,2(d) of this supplement.) These definitions are as consistent as possible with
definitions found in AS 16.40.199 and AAC 11.63.900.
ACMP. Alaska Coastal Management Program.
Aquaculture. Maintaining, enhancing, and rehabilitating fish stocks through
improvements and facilities, including the rearing of anadromous juvenile fish,
generally in freshwater, for release into saltwater for maturing, to become available as
a common property resource.
Aquatic Farm. A facility that grows, farms, or cultivates aquatic farm products in
captivity or under positive control. Current State of Alaska law does not allow the
aquatic farming of finfish.
Aquatic Farms Lease. A lease to operate an aquatic farm or related hatchery on stateowned public domain land in accordance with the approved development plan;
Aquatic Farm Product. An aquatic plant or shellfish, or part of an aquatic plant or
shellfish that is propagated, farmed, or cultivated in an aquatic farm and sold or
offered for sale.
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Hatchery. A facility for the artificial propagation of stock, including rearing of
juvenile aquatic plants, fish or shellfish;
Positive Control. For mobile species, this means enclosed within a natural or artificial
escape-proof barrier; for species with limited or no mobility, such as a bivalve or an
aquatic plant, "positive control" also includes managed cultivation in unenclosed
water.
Upland Owner. The land owner whose upland property abuts the line of mean high
tide.
Shellfish. A species of crustacean, mollusk, or other invertebrate, in any stage of its
life cycle, that is indigenous to state water or that is authorized to be imported into the
state under a permit issued by the commissioner;
Shore Lands. All lands which are covered by non-tidal waters that are navigable
under the laws of the United States up to ordinary high water mark as heretofore or
hereafter modified by accretion, erosion, and reelection;
Stock. Live aquatic plants, fish or shellfish acquired, collected, possessed, or intended
for use by a hatchery or aquatic farm for the purpose of further growth or
propagation.
Tidelands. Those lands which are periodically covered by tidal waters between the
elevation of mean high and mean low tides.
Submerged Lands. Those lands covered by tidal waters between the line of mean low
water and seaward to a distance of three geographical miles or as may hereafter be
properly claimed by the state.
e. Management Direction.
(1) Aquaculture or Aquatic Farm Sites. Since aquaculture activities can greatly affect
access and uses of the upland areas, it is essential that Forest Service personnel
become knowledgeable about the DNR permitting process. Comments submitted on
proposed leases should be well-written with sound analysis, and should include the
effect of the proposal on possible future activities by the Forest Service, including the
effect of water quality changes, impediments to access, and possible associated
activities on the uplands.
Permits for Aquatic Farm and Fish Hatchery purposes are primarily governed by
Alaska Statues at Title 16- Fish and Game, Chapter 40 - Commercial Use of Fish and
Game, at http://touchngo.com/lglcntr/akstats/Statutes/Title16/Chapter40.htm . Permits
for aquaculture leases are administered by the Department of Natural Resources
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according to the Alaska Administrative Code, Title 11 – Natural Resources, Chapter
63 Aquatic Farm site permits and leases. The Alaska Administrative Code is found at
the http://touchngo.com/lglcntr/akstats/AAC/Title11/Chapter063.htm .
The DNR Commissioner may deny a permit application, if aquatic farming is
incompatible with land management policies applicable to the proposal and nearby
upland, including legislative or congressional designations, such as parks, or
wilderness areas and adopted federal land use plans [11 AAC 63.050(b)]. If the
proposed site is within the boundaries of a congressionally designated wilderness,
national monument, LUD II, or other conservation system unit, then confer with the
Regional Recreation & Wilderness program leader and the Office of the General
Counsel on related court decisions. See also Section 1315(b) of ANILCA for
aquaculture activities located within wilderness and wilderness study areas.
If the upland adjacent to an aquatic farm site lease application is not managed by the
DNR, the commissioner will notify the upland owner of the opportunity to comment.
If an aquatic farm site lease applicant states that using upland for associated facilities
is necessary for aquatic farming, and the upland owner notifies the commissioner in
writing that said owner cannot or will not authorize the upland use, the commissioner
will not grant the aquatic farm site lease [11 AAC 63.060(d)].
As the number of applicants and permitted sites continue to increase, authorization of
sites will become more difficult due to diminishing number of suitable areas and
increasing public demand for recreational or subsistence use of similar sites. This
underscores the critical nature for the Authorized Officer to advise the commissioner
of potential land use conflicts during the public notice and comment period.
(2) Fish Hatchery Sites (direction formerly included in R10-FSM 2722.16). On
August 14, 1974, the State of Alaska passed legislation authorizing the operation of
private, nonprofit salmon hatcheries and are governed by State statue found at AS
16.10.400-470 at
http://touchngo.com/lglcntr/akstats/Statutes/Title16/Chapter10/Section400.htm .
Consider possible fish hatchery locations that ensure the requested use is appropriate
and compatible with the direction and objectives in the forest plan. A proposal for a
new hatchery site location will require environmental analysis in compliance with the
National Environmental Policy Act. See also Section 1315(b) of ANILCA for fish
hatcheries located within wilderness and wilderness study areas.
This program requires close coordination with the Alaska Department of Fish and
Game. State administrative codes for nonprofit fhish hatcheries is found at AAC title
5, chapter 40 (http://touchngo.com/lglcntr/akstats/AAC/Title05/Chapter040.htm) The
Alaska Department of Fish and Game must certify the suitability of the water course
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and issue a permit for the operation of a hatchery. A special use permit for
occupancy of National Forest System land will not be issued unless the applicant has
a State hatchery permit. Possession of such a permit does not, however, obligate the
Forest Service to issue a special use permit as this must be considered with other
existing and potential use contracts and permits.
Fish hatcheries are often nonprofit corporations, but the project must still generate
income to cover costs over the long run. Documentation of the economic feasibility
of the project to any on-site development must be provided by the applicant prior to
construction. Installation of hatchery facilities should not create an unacceptable
impact on the management of other resources in the watershed. An analysis of the
probable combination of uses must be made to determine the highest and best use of
the land.
A permit is required for the a fish hatchery to occupy any National Forest System
land. Term permits should be used to authorize the use by private operators. The
initial authorization must be approved by the Regional Forester. Forest Supervisors
have authority to reissue a permit at the time it expires.
A land use rental fee will be charged for the use and occupancy of National Forest
System land. The fee is two-tenths (0.2) of one percent of the on-site capital
investment, with a minimum as shown in the Regional Fee Schedule, FSH 2709.11
Chapter 30, for each site under permit. Fees are assessed on an annual basis, use
clause R10-A101 – Nonprofit Fish Hatchery Fees
(3) Permit Evaluation.
(a) Because aquaculture and aquatic farm sites operations are generally unproven in
Alaska waters, and there may be a significant possibility that a propose operation may
not succeed, permits for upland facilities should be initially limited to the least ground
disturbing activity as possible.
(b) Do not issue a special use authorization for improvements on the uplands until the
permit holder demonstrates that the improvements are necessary and that the
aquaculture operation is commercially viable. No permits for improvements on the
uplands will be issued in the first 5 years. Approval of improvement should be
deferred until the DNR affirms the aquaculture operation is commercially viable,
based on the criteria described below.
State requirements for commercial viability of an aquaculture site is stated as: "The
development plan (filed with DNR) must result in commercial use of the site
beginning no later than the fifth year of the lease operations and continuing for the
rest of the lease term. Commercial use of the site means annual sales of aquatic farm
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products, of at least $3,000 per acre or fraction of an acre, or $15,000 per farm,
whichever is less" (11 AAC 63.030).
(c) In circumstances involving initial high capital investment for either an
aquaculture or an aquatic farm site proposal, needs for facilities should be considered
through internal review and the NEPA process.
(1) Permit holders should be directed to private land for upland facilities. It is the
applicant's responsibility to show that no other land option is available, before a site
would be authorized on NFS land. Floating barges are other alternatives to be
discussed with the applicant.
(2) Permits may be authorized in wilderness or wilderness study areas, but only as
authorized in Section 1315(b) of ANILCA.
(3) Proposed change in ownership of holder's improvements will require the new
applicant to provide copies of related State and Federal licenses or permits in order to
issue a new authorization to the applicant to operate the commercial facility.
(4) The Forest Service will change ownership of facilities by terminating the existing
authorization and issuing a new one to the new holder once all other State and Federal
licenses or permits have been acquired by the new applicant. The new authorization
may be changed to reflect changes in policies and reasonable regulations.
f. Permit Development. Permits for upland uses are on NFS lands, associated with
aquatic farm sites are permitted on tidelands by the State of Alaska, will be
administered in accordance with the direction in this supplement.
Examples of facilities that may be authorized on the uplands in conjunction with the
DNR State aquaculture permits include tie downs, docks, work platforms, hardening
areas, and other facilities, excluding cabins.
(1) Permit Form, Use Code, and Authority.
(a) Permit form: Use form FS2700-4.
(b) Fish Hatchery use code is 216. The use code for fish rearing pens is 216B.
Aquatic farm (mariculture) site use code is 219.
(c) Authority: Cite the Organic Act of 1897. If the authorization is for facility
development after enactment of ANILCA, may also cite ANILCA section 1315.
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(2) Permit Holders Name. Issue permits in the name of an individual, or an
individual “doing business as” and the business name. Name of the permit holder
should be the same as the name shown on State and Federal licenses or permits.
(3) Tenure and Renewal. Limit tenure to annual renewal until the operation is
determined to be commercially viable. Once the operation is determined to be
commercially viable by State of Alaska DNR, then it may be issued as a
nontransferable, 10-year permit. However, the term of the permit may never extend
beyond the termination date of the State of Alaska aquatic farm site lease.
(4) Rental Fee. See Regional supplement to FSH 2709.11, Chapter 30 for the Alaska
Region land use fee schedule. A higher fee may be established with Regional
Forester approval. Market values should be the basis for proposing higher fees.
Non-profit fish hatchery permits must include clause A 101 - Nonprofit Fish
Hatchery Fees.
(5) Change in Ownership (or transfer). Permits will be considered for transfer in
accordance with the provisions of existing authorization, 36 CFR 251.59 – Transfer
of Authorized Improvements and FSM 2716 – change in Ownership. A change in
ownership may be accomplished through issuance of a new authorization to the new
applicant, with any new provisions as required by reasonable regulations as defined in
this supplement.
Table 8: Aquaculture Uses
Clause
Title
R10-B101 Conduct
R10-B103 Utility Installation
R10-C101 Construction Plans and Materials
R10-C102 Operation and Management Plans
R10-D101 Contaminated Site clean Up
R10-D103 Use of Equipment in Wilderness and
Wilderness Study Areas
R10-D104 Regulation of Motorized Equipment in
Designated Wilderness or Wilderness Study
Area
R10-D105 Invasive Species Prevention and Control
R10-E102 No Proprietary Rights or Privileges
R10-E105 Authorization on Lands subject to disposal
R10-E106 Revocation of Authorization on Lands
subject to disposal
R10-X101 Designation of Holder Representative
R10-X102 Tide Lands
Required
Optional
X
X
X
X
X
X
X
X
X
X
X
X
X
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R10-X105
R10-X106
Holder’s Operations
Archaeological-Paleontological Discoveries
X
X
45 - INDUSTRY
1. ANILCA Permits for Commercial Operations.
a. Authority. ANILCA section 1316 provides for the continuance of existing uses,
and the future establishment and use of temporary facilities for the taking of fish and
wildlife. This section also authorizes the future establishment and use of temporary
campsites, tent platforms, shelters, equipment and other facilities directly and
necessarily related to the taking of fish and wildlife.
b. Objectives.
(1) Authorize facilities in support of commercial industries that are dependent upon
use of National Forest System lands
(2) Ensure safety of the general public and the permit holders.
(3) Ensure temporary facilities do not evolve into permanent structures or
occupancies of National Forest System lands.
(4) Protect the forest environment including soil, vegetation, water quality, wildlife,
air quality, historic resources, and control of invasive species.
(5) Comply with requirements for protection of threatened and endangered species,
historic structures and archaeological properties.
(6) Maintain the natural national forest setting through the use of materials that blend
with the surrounding landscape.
c. Policy.
(1) General. On all public lands where the taking of fish and wildlife is permitted in
accordance with the provisions of ANILCA section 1316, or other applicable State
and Federal law, the Forest Service shall permit, subject to reasonable regulation to
ensure compatibility, the continuance of existing uses, and the future establishment
and use of temporary campsites, tent platforms, shelters, and other temporary
facilities and equipment directly and necessarily related to such activities.
Any actions that limit or eliminate existing uses (i.e. those established prior to
December 2, 1980) are reserved to the Regional Forester. See R10-FSM 2323.04 –
Responsibilities.
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(2) Existing Facilities Supporting Commercial Fishing Operations. Facilities
authorized in support of commercial fishing which existed prior to enactment of
ANILCA, have renewable authorizations. These authorizations may be renewed upon
the request of the holder, as long as there have not been changes to the facilities listed
on the original application, or for occupancy of the land. If a permit holder requests a
change in location or replacement facilities, a new authorization will be issued in
accordance with the provisions of ANILCA section 1316.
(3) Requests For New Facilities Supporting Commercial Fishing Operations.
Requests for the establishment of new facilities directly and necessarily related to the
taking of fish and wildlife, such facilities will be temporary in nature and be subject
to the provisions of ANILCA section 1316.
The Authorized Officer may determine, after adequate notice, that the establishment
and use of new temporary facilities or equipment would constitute a significant
expansion of existing facilities or uses, which would be detrimental to the purposes
for which the area was established. In such a case new authorizations may be denied.
(4) Commercial Fishing Facilities in Wilderness. In wilderness, or wilderness study
areas, temporary facilities will only be authorized when the proposed facilities are
directly and necessarily related to the taking of fish and wildlife and the following
conditions exist:
i. Proposed facilities are needed as a practical necessity to conduct legal activities for
the taking of fish and wildlife.
ii. Applicant has no practical alternative location on private land, or on NFS land
outside of wilderness.
d. Definitions. See sections 41 and 42 of this supplement.
e. Management Direction.
(1) Planning. Land management plans should contain standards and/or guidelines for
the administration of this use. If the Forest Plan does not have specific direction, use
as a general guideline constructed facilities should not normally be located within
approximately one-half mile of popular beaches, lakes, recreational boat anchorages,
or other special recreation places identified in the Forest Plan. If site-specific
environmental analysis documentation was not in the permit case file, upon renewal
of the authorization the Authorized Officer shall determine the environmental effects
of continuing the authorized use.
The specific location of temporary facilities within a general area may be regulated to
ensure compatibility, prevent resource damage, and minimize conflicts with other
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public users. The establishment and use of temporary facilities within an area may be
denied when it would constitute a significant expansion of such use within an area,
and would be detrimental to the purpose of the area. Proposals for new facilities will
be screened according to the special uses screening criteria. Environmental impacts
will be evaluated, consistent with the National Environmental Policy Act (NEPA)
process and section 1316 of ANILCA.
In all cases, permitted facilities and equipment shall be constructed, used, and
maintained in a manner consistent with the protection of the National Forest area
within which they are located. All new facilities shall be constructed of materials that
blend with the environment and are located at sufficient distance from attractions and
transportation corridors to avoid conflicts with other users.
Facilities that must be located within a wilderness must not be detrimental to the
wilderness character of the wilderness area. Tent platforms, outhouses, or other
constructed facilities should be screened from the water, and located so that they are
unobtrusive from trails and areas of public use.
(2) Facility Types. Temporary facilities authorized under this section include wall
tents and pole, tent platforms, caches, shelters, and associated temporary structures
that are directly and necessarily related to the taking of fish and wildlife but do not
include cabins or commercial uses.
(3) License Required. The terms of the original authorization for facilities directly
and necessarily related to the commercial fishing required the permit holder to have a
State of Alaska limited entry set-net fishing license, for the same area as the
authorized commercial fishing facilities. Issuance or renewal of such authorizations
shall only be made to persons who hold a State of Alaska limited entry set-net license.
If the permit holder or applicant does not hold a valid State of Alaska limited entry
set-net license then the authorization cannot be issued or renewed and the facilities
must be removed by the current permit holder prior to the time the authorization
terminates.
(4) Single Sites. Generally, only one site will be allowed per limited entry license. If
additional sites are requested, the applicant must demonstrate in his or her application
that additional sites and temporary facilities are directly and necessarily related to the
allowed use.
(5) Multiple Sites. Individuals who have been authorized the use of more than one
site shall have all of their sites listed on a single permit. Holder shall be assessed a
rental fee for each authorized site.
(6) Cabin size is limited to that described in the definitions section. See section
41.2d
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(7) Facility Relocation. At termination of the useful life of the facility used in
support of a commercial fishing operation, requests for new facilities, or rebuilding of
existing structures, must be approved in writing by the Authorized Officer prior to
construction.
Occasionally, commercial fishing permit holders choose or are forced by meandering
rivers to change the location of their fishing operations. Forest Service special-use
authorizations are for site occupancy. A change in location requested by the permit
holder, will be considered a request for “future establishment and use” of temporary
facilities subject to the provisions of ANILCA section 1316. Such a change in site
may be made to accommodate the ongoing use. Facilities occupying the existing site
must be completely removed and the site cleaned up prior to issuance of new
authorization for occupancy of a new site. Temporary facilities authorized for the
new location will be in conformance with the size limitations described in the
definitions section.
(8) Inspections. Permit areas should be inspected regularly to document the condition
of the permit area and facilities and to ensure that terms of the permit are being met.
(9) Nonexclusive Use. Permit holders will have exclusive use of the permitted
facilities and equipment. However, others may use the areas immediately
surrounding the facilities. A standard notice, which describes the conditions of
occupancy, shall be posted at each site. Wording shall include authority; name and
address of holder; periods of occupancy; and state that the area immediately
surrounding the permitted facilities and equipment is available for public use, as long
as such use does not infringe on the rights of the permit holder. See standard clause
FS-2700-4, section 1, clause F.
(10) Map. A location map shall be provided as an exhibit to the permit. The scale
and accuracy of the map should be detailed enough to allow the Authorized Officer to
locate the permit area on the ground, e.g. be on a U.S. Geological Topography map at
a scale of 1:63,460 or better.
(11) Temporary Facilities in Wilderness. Check direction in FSM 2323. Equipment
authorized by section 1316 of ANILCA, shall include only temporary equipment
directly and necessarily related to the taking of fish and wildlife, but shall not include
motorized forms of transportation other than snow machines, motorboats, or airplanes.
See clause R10-D103 - Use of Equipment in Wilderness and Wilderness Study Areas.
f. Permit Development.
(1) Permit Form, Use Code and Authorities.
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(a) Construction Camps and Residences. Cabins, camps, or residences used to house
personnel for road construction, for logging, or for prisons. Cite the Organic Act of
1897, since these structures are not related to the taking of fish and wildlife. See
FSM 2725.1 – Camps, for use code 511.
(b) Commercial Fishing Camp. Authorized site and facilities are directly and
necessarily related to use (for example: commercial fishing). Permit holder must
have an Alaska limited entry permit. Authorized facilities are temporary in nature
according to the definition at 41.2. Cite ANILCA section 1316. The use code is 512.
(c) Commercial Fishing Cabin (or warehouse). Authorization pre-dates enactment of
ANILCA and the authorized site and facilities are directly and necessarily related to
the authorized use (for example: commercial fishing). Permit holder must have an
Alaska limited entry permit. The cabin does not conform to the definition of
temporary at section 41.2. For cabins of this nature, the use code is 513. Cite
ANILCA section 1303(d).
Note: Size specifications may not apply to authorizations
existing at the time ANILCA was enacted. Some cabin sites
with authorizations that predate enactment of ANILCA
may specify on the face of the permit facilities larger than
those in the definition section.
(d) Temporary Camps. Facilities used in support of industrial or commercial
operations such as tent platforms for taking fish and wildlife, support for outfitters
and guides, and so forth. Temporary structures authorized to other governmental
agencies, such as Alaska Fish and Game, fall into this category, as well. These
facilities conform to the definition of temporary at 41.2(d). For temporary shelters of
this nature, the use code is 514. Cite ANILCA section 1316 for uses associated with
the taking of fish and wildlife. Cite ANILCA section 1314 for facilities in support of
State of Alaska Fish and Game research.
(2) Permit Holder(s) Name. For existing cabins with valid permits, at the time
ANILCA was enacted (per section 1303(d)) the authorization remains in the name of
the original permit holder until the election or death of the holder. (Permits issued in
pursuit of a commercial or business operation for the taking of fish and wildlife are
not subject to the listing of family members).
Permits for temporary sites and facilities issued pursuant to section 1316 of ANILCA
are in the name of an individual, or an individual “doing business as” and the
business name. Holders name should be the same as the name on the Alaska limited
entry permit.
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(3) Permit Tenure. Issue according to the terms of the authorization in effect at the
time ANILCA was enacted (1303(d)) facilities. If the tenure was not stated in the
original authorization, or if the authorization was issued subsequent to enactment of
ANILCA, issue as a 5-year renewable authorization.
(4) Rental Fee. The Minimum fee is shown in the Alaska Region Fee Schedule, FSH
2709.11, Chapter 30, Alaska Land Use fee schedule.
(5) Change in Ownership (or transfer). Permits will be considered for transfer in
accordance with the provisions of the existing authorization, 36 CFR 251.59 –
Transfer of Authorized Improvements and FSM 2716.1 – Change in Ownership.
When the original permit holder ceases to be the owner of the authorized
improvements the authorization terminates on its own terms. The new owner of the
authorized facilities may request issuance of a new authorization. The authorized
officer may issue a new authorization with any new provisions as required by
reasonable regulations.
(a) Continued Use. Where cabins or warehouses were used and properly permitted to
support a commercial fishing operation prior to enactment of ANILCA, the
authorization for the facility may be reissued repeatedly to support continued set-net
fishery operations. The new applicant must meet the criteria stated in this
supplement.
(b) Example. Fisherman Al can transfer his permit to fisherman Bob who can
transfer his permit to fisherman Curt who can transfer his permit to fisherman Dave,
and so forth, as long as each of the subsequent owners hold a State of Alaska limited
entry permit.
Table 10: Commercial Uses
Clause
Title
R10-B101 Conduct
R10-C102 Operation and Management Plans
R10-D101 Contaminated Site clean Up
R10-D102 Seasonal Site Management.
R10-D104 Use of Equipment in Wilderness and
Wilderness Study Areas
R10-D105 Regulation of motorized Equipment in
Wilderness or Wilderness Study Areas
R10-D105 Invasive Species Prevention and Control
R10-E101 ANILCA Permit Tenure
R10-E102 No Proprietary Rights or Privileges
R10-E103 ANILCA Permit Assignability
R10-E104 ANILCA Permit Termination
Required
X
Optional
X
X
X
X
X
X
X
X
X
X
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R10-E105
R10-E106
R10-X101
R10-X102
R10-X103
R10-X105
R10-X106
Authorization on Lands subject to disposal
Revocation on Authorization on Lands
subject to disposal
Designation of Holder Representative
Tide Lands
ANILCA Facility maintenance
Holder’s Operations
Archaeological-Paleontological Discoveries
X
X
X
X
X
X
X