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                                       FOREST SERVICE MANUAL
                                     SOUTHERN REGION (REGION 8)
                                            ATLANTA, GA



                       FSM 2700 – SPECIAL USES MANAGEMENT

                 CHAPTER 2710 – SPECIAL USES AUTHORIZATIONS

Supplement No.: R8-2700-2006-3

Effective Date: April 28, 2006

Duration: This supplement is effective until superseded or removed.

Approved: CHARLES MYERS                                       Date Approved: 04/13/2006
          Regional Forester

Posting Instructions: Supplements are numbered consecutively by title and calendar year.
Post by document; remove the entire document and replace it with this supplement. Retain this
transmittal as the first page(s) of this document. The last supplement to this title was R8 2700-
2006-2 to Chapter 2770.

New Document                     2710                                            6 Pages

Superseded Document(s)           2710                                            6 Pages
(Supplement Number and           R8-2700-2003-1
Effective Date)                  09/18/2003

Digest:

2719 – Includes direction on waiving a permit for uses with nominal effects on National Forest
System lands, resources, or programs.
R8 SUPPLEMENT: R8 2700-2006-3                                                   2710
EFFECTIVE DATE: 04/28/2006                                                      Page 2 of 6
DURATION: This supplement is effective until superseded or removed.

                                FSM 2700 – SPECIAL USES MANAGEMENT
                             CHAPTER 2710 – SPECIAL USES AUTHORIZATIONS


2712 – REQUEST TO USE NATIONAL FOREST SYSTEM LANDS

Applicants are responsible for providing maps, survey plats, and/or other required
drawings/plans with all applications for authorizations. These maps, plats, and/or drawings
become part of a legal document and should be prepared to professional standards. Certified
land surveyors or professional engineers at the expense of the applicant must prepare surveys,
plats, and drawings.

2712.1 – Prospectus

Restrictions on Members of Congress and Resident Commissioners holding special use
authorizations are provided at 18 U.S.C. 431-433.

Proponents requesting authorizations to conduct a commercial activity in connection with use
and occupancy of National Forest System land must furnish a business plan in acceptable form to
the authorized officer to document project viability as part of the proposal screening process.
Uses most commonly meeting this situation are outfitters and or guides, organization camps,
resorts, and similar high investment and long-term use. Temporary, one-time authorizations
such as: recreation events or vendors may be accepted from this requirement.

2713 – PREPARING SPECIAL USE AUTHORIZATIONS

2713.1 - Liability and Insurance Coverage

        1. The authorized officer shall ensure that all holders of a special use authorization
indemnify the United States for all liability for third-party property damage (damage to property
other than that owned by the holder or the United States) and for all personal injury liability that
arises in connection with the authorized use and occupancy. To meet this obligation, holders that
provide commercial recreational services, facilities, or activities (as listed in the following
2713.1 - Exhibit 01) must secure liability insurance in an amount adequate to protect the interests
of the United States, unless the insurance requirement is waived. Where liability insurance is
required, the amounts will not be less than the amounts in 2713.1 - Exhibit 01:

         2. Authorized Officers should review each permit issued for the degree of risk involved.
Authorized uses are considered low risk when injuries generally associated with authorized
activities are not likely to result in death or permanent disability. Authorized uses are considered
high risk when injuries generally associated with authorized activities may result in death or
permanent disability. For example, some categories of Outfitter/Guide uses are of lower risks
than others. These might include drift boaters or hikers versus white water rafting in Class IV or
higher river or rock climbing.
R8 SUPPLEMENT: R8 2700-2006-3                                                      2710
EFFECTIVE DATE: 04/28/2006                                                         Page 3 of 6
DURATION: This supplement is effective until superseded or removed.

                                FSM 2700 – SPECIAL USES MANAGEMENT
                             CHAPTER 2710 – SPECIAL USES AUTHORIZATIONS


        3. Authorized officers may reduce insurance requirements to a 30/300/600 minimum
level after assessing the level of risk involved for specific situation(s). In some situations, for
example a particular set of rapids, which if not run, would reduce the difficulty to a Class III.
Conversely, where risk appears to be higher, determine increased insurance requirements and
document the rationale.

       4. Document changes in the holder’s annual operation plan if the reduction of minimum
insurance levels is contemplated. The holder must outline what operational changes are to be
made to reduce the degree of risk involved commensurate with the reduction in insurance
coverage.

       5. Ensure that insurance policies contain acceptable language to protect the United States
such as, “solely as respects liability arising from operations of the named insured.” Policies
naming the United States as additional insured “solely as respects liability arising from acts or
omissions of the named insured,” are unacceptable.

Holders must indemnify the United States, with or without insurance, for all injury, loss, or
damage that arises in connection with the authorized use and occupancy, including claims that
exceed insurance requirements

        6. Do not require Federal agencies to indemnify the United States. Federal Agencies are
units of one legal entity, the United States government. Identify potential hazards before issuance
of the authorization. Resolve them by modifications of plans or written commitment by the other
Federal agency to do restoration or abatement work. The Forest Service cannot accept liability
or costs associated with damages or possible public hazards created by another Federal agency’s
use of National Forest System lands.

         7. The Authorized Officer shall ensure that state or local government entity obtain
insurance to cover amounts of potential liability that exceeds the limits under state law when the
holder is a State or local governmental entity that limits its liability under the state constitution or
state statutes. Request assistance from the Regional Office Special Uses staff for remedies when
the state or local governmental entity is self-insured; and cannot obtain insurance to cover the
amount of potential liability that exceeds the limits under state law.

       8. Initiate alterations of authorization clauses relative to indemnification and liability in
the Regional Office Special Uses staff.

       9. Acceptance by Permittee. Prepare two original authorizations for signature by the
applicant and issuing officer. The issuing officer must not sign the authorization before the
applicant signs.

        10. Permit Distribution. Distribute one signed original to the permit holder and retain
the second original in the office of the authorized officer.
R8 SUPPLEMENT: R8 2700-2006-3                                                         2710
EFFECTIVE DATE: 04/28/2006                                                            Page 4 of 6
DURATION: This supplement is effective until superseded or removed.

                                FSM 2700 – SPECIAL USES MANAGEMENT
                             CHAPTER 2710 – SPECIAL USES AUTHORIZATIONS



                                                      2713.1 – Exhibit 01

                                          Minimum Insurance Coverage
                                               For Special Uses

   Minimum coverage Requirements. All figures are in thousand dollars. Where insurance is
   required the amounts shall not be less than 30/300/300. Most policies are written with a
   “Combined Single Limits” (CSL). In the CSL kind of coverage, the maximum an insurance
   company will pay for both property and death/injury is shown as a single total. To reflect
   industry change, Region 8 has established CSL minimums as follows.

                              LIABILITY INSURANCE MINIMUM LIMITS

        FSM                  TYPE OF SPECIAL USE                      REQ’D MIN.           CSL
                                                                      COVERAGE
      2721.11        Boat dock and Wharf                                30/300/600     $1,000,000
      2721.12        Clubs                                                               $750,000
      2721.13        Organization Camps                                 30/500/1000    $1,000,000
      2721.14        Trail Shelters                                      30/300/600      $600,000
      2721.15        Private Camps                                       30/300/600    $1,000,000
      2721.22        Houseboats – insurance required only                30/300/600      $600,000
                     if S.U. authorization issued for a
                     concession
      2721.3         Lodging                                             30/300/600    $1,000,000
     27.21.32        Hotel-Motel                                       50/1000/1000    $1,000,000
     2721.33         Resorts                                           30/1000/1000    $1,000,000
     2721.41         Camp and Picnic                                    30/500/1000    $1,000,000
     2721.42         Caves and Caverns                                  30/500/1000    $1,000,000
     2721.43         Golf Course                                         30/300/600      $600,000
     2721.44         Park and Playground                                 30/300/600      $600,000
     2721.46         Rifle and Target Ranges                            30/500/1000    $1,000,000
     2721.47         Trailer Courts or Camps                             30/300/600      $600,000
     2721.52         Marina                                             30/500/1000    $1,000,000
     2721.53         Outfitting and Guiding
                        Saddle and Pack Stock                           50/500/1000    $1,000,000
                        Back Packing                                     30/300/600      $600,000
                        Rock Climbing                                   50/500/1000    $1,000,000
R8 SUPPLEMENT: R8 2700-2006-3                                                       2710
EFFECTIVE DATE: 04/28/2006                                                          Page 5 of 6
DURATION: This supplement is effective until superseded or removed.

                                FSM 2700 – SPECIAL USES MANAGEMENT
                             CHAPTER 2710 – SPECIAL USES AUTHORIZATIONS


                                        2713.1 – Exhibit 01 (Continued)

                       Bicycling                                       30/300/600      $600,000
                       Nature Hikes                                    30/300/600      $600,000
                       Running Clinics                                 30/300/600      $600,000
                       Rafting/Boating - Class IV – V                 50/500/1000    $1,000,000
                       Rafting/Boating - Class I – III                30/500/1000    $1,000,000
      2721.54        Rental Services                                   30/300/600      $600,000
      2721.55        Restaurant                                        30/300/600      $600,000
      2721.56        Service Station                                  30/500/1000    $1,000,000
      2721.57        Store, Shop, Offices                              30/300/300      $600,000
      2721.58        Vendor and Peddler                                30/300/300      $600,000


2714 – AMENDMENTS

Do not amend authorizations as a substitute for renewal of the authorized use, except to continue
the authorization while work is completed to meet all requirements for issuing the new
authorization. Renewal of an expired authorization requires issuance of a new authorization.

2716 - ADMINISTRATION OF PERMITS

2716.53 - Inspection Frequencies

Refer to FSH 7409.11, for additional guidance concerning management of water storage
authorizations.

Give priority to inspections of authorizations that have the potential to adversely affect the health
and safety of the public, such as but not limited to resorts, organization camps, outfitters and/or
guides, and concession campgrounds.

2719 - USES FOR WHICH SPECIAL USE AUTHORIZATIONS ARE NOT REQUIRED

        12. A special use authorization may be waived if a proposed use has nominal effects on
National Forest System lands, resources, or programs, and will not require terms and conditions
in a special use authorization to protect National Forest System (NFS) lands and resources or to
avoid conflict with NFS programs or operations. Uses that fall into a category of action for
which a project or case file and decision memo are not required may be waived from permitting
requirements. Reference FSH 1909.15, 31.1 and 31.12.

The process of screening a proposal, accepting an application, and Special Use Data System
(SUDS) entry will be completed. Compliance with the National Environmental Policy Act
R8 SUPPLEMENT: R8 2700-2006-3                                                      2710
EFFECTIVE DATE: 04/28/2006                                                         Page 6 of 6
DURATION: This supplement is effective until superseded or removed.

                                FSM 2700 – SPECIAL USES MANAGEMENT
                             CHAPTER 2710 – SPECIAL USES AUTHORIZATIONS


(NEPA) will be accomplished to determine if an authorization may be waived. A case file will
be created and include documentation of these steps.

If the environmental analysis indicates a special use authorization is not needed, the authorized
officer may waive the special use authorization. The wavier will be documented in a letter to the
applicant containing a detailed description of the use and location on NFS land that an
authorization is waived. The use waived is perpetual unless conditioned with an expiration date.
An authorization waiver may be withdrawn if changes in law, regulation, or policy require
reconsideration.

The following types of uses do not qualify for permit waivers due to the nature of their existence:

          1. Encroachment areas such as, yards, gardens, fences, drain lines, or buildings as
             defined in FSM 2723.7.
          2. Improvements or facilities of a permanent nature, such as buildings.

The following chart gives examples of types of uses that may have an authorization waived:

Use                                    Criteria                           Example
Use of open Forest Service             Purpose is transportation.         A transportation service from
roads.                                 No equipment furnished.            private land to a drop off or
                                       No interpretation or guiding       pickup point on NFS.
                                       furnished.                         Similar to a taxi.
                                                                          Tour Bus
Personal occupancy of a                Within a ground disturbed area.    Driveway
Public Road Easement or                Use solely within easement.        Residence Sign
DOT Easement area.                                                        Mailbox

Placement of minor                     Must be non- commercial.           Research
temporary personal                                                        Geo-Caching
property.                                                                 Shelter (school bus waiting)
Commercial group use;                  One time event.                    Field Trips ancillary to a
outfitter/guide or recreation          Small group.                       primary activity that takes
event                                  On existing facilities.            place on private land, ie,
                                       Requires no liability insurance.   school field trips, camp hikes

				
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