Contents
Topic
Background
Deadline for comments
Text of notice (.pdf document)
Comments filed by the Ornithological Council (.pdf document)

Update January 2005: This rule is still pending. The time between publication of a proposed rule and publication of a final rule can be several years.

Topic: USDA Forest Service proposes to impose fees for cost of processing permits and monitoring permitted activities

Background:  The USDA Forest Service has issued draft regulations concerning the recovery of costs to process and monitor special use permits. Proposed in November 1999, the draft regulations will help the Forest Service improve customer service and decrease a backlog of special use applications.

Special use permits are required for ski resorts, outfitters and guides, recreation residences, radio and television towers, and many other uses of the 192 million acres managed by the Forest Service. The Forest Service would use cost recovery fees to fund staff time and expenses of the permit approval process, issuing permits, and initial monitoring to ensure that authorized actions are carried out in accordance with the terms and conditions of the permit.

Frequently in the past, the Forest Service chose to cover such expenses through its annual appropriations. As the demand for permit services has increased, however, applicants have expressed concern about the time it takes to obtain a special use permit. The Forest Service is seeking the fees in order to provide a high level of customer service.

The fees are based on estimated time to process the application and conduct the monitoring. They range from minimal impact ($75) to $750 for permit processing times of between 36 and 50 hours, and "full reasonable cost as required, to be determined on a case-by-case basis" for applications that take more than 50 hours to process. There is also an option for a Master Agreement that allow the applicant to have one fee applied to a group of applications or similar applications filed by the same applicant within a specific geographical area. This option is also assessed at "full reasonable cost as required, as determined on a case-by-case basis" and can be negotiated.

Monitoring fees will be assessed in a similar manner, ranging from no monitoring (no fee) to $230 for monitoring requiring 36-50 hours and "full reasonable costs" for monitoring requiring more than 50 hours.

Deadline for comments: The comment period for the Federal Register notice closed Feb. 24, 2000. 

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