SEELEY LAKE - While Forest Service land is open to the public, businesses and other organizations have opportunities to lease or hold events on federal land that may require a fee for use.
Kate Jerman, Lolo National Forest public affairs officer, said in an email that federal regulation allows the Forest Service to issue authorizations for use and occupancy of National Forest Lands.
“An objective of recreation management for the Forest Service is to identify, analyze and monitor the changing demographic composition of the country and regional market areas,” she wrote. “Private entities, outfitter and guides, and recreation events play a key role in delivering unique and diverse recreation services to the public while also supporting the economies of local communities that depend in part on the recreation and tourism that National Forests bring.”
Seeley Lake District Ranger Quinn Carver said the benefit of authorizing special use permits is being able to offer services that the Forest Service is otherwise unable to offer. They also often cater to a different demographic.
“A lot of these permittees provide services to the public, on public lands, that the agencies can’t provide,” he said. “If you have a higher end level thing, then … the permittees, which we consider as partners, [can provide a] public service. But there is a cost associated with them providing that service.”
Jerman wrote that USFS receives multiple special use inquiries annually and that they have seen an uptick in the number of requests within the last few years. Carver estimated that they reject roughly 10% of the applications they receive mostly on the basis that a service the applicant claims to provide has already been provided by another authorized permittee.
The occupancy and use of land can last anywhere from one day to 40 years for situations like a permit for a lakeside or ski resort.
Jerman wrote that entities like The Lodges on Seeley Lake and Tamaracks Resort have resort occupancy term permits for their operations. The permit term is 20 years. The Lodges has had their USFS permit since Sept. 30, 1998. Tamaracks has had theirs since Sept. 20, 1993.
Resort permit holders are required to have operating plans in place that outline their responsibilities for protecting public health, safety and the environment as well as “ensuring the delivery of high-quality services.” Holders are required to follow all present and future federal laws and regulations, as well as all county and municipal laws and regulations. They are also responsible for their own maintenance and upkeep and their activities still require the approval of USFS.
Prior to expiration, holders may request a new permit, generally six months prior to the expiration date. USFS will then review and decide if the use can continue to be authorized and if any new terms or conditions should be prescribed.
If a resort occupancy term permit becomes terminated, then a USFS officer has the discretion to require the holder to sell or remove all structures and improvements in the vicinity except those owned by USFS. If the structures are not removed or sold in the determined time period, then they become property of the Federal Government.
Carver estimates that the resorts take up roughly 50 acres of Seeley Lake Ranger District’s nearly 350,000 acres. He added the outfitter and guide coverage is much more expansive.
Jerman said that USFS works “closely and often in partnership” with permit holders to ensure compliance as well as the conservation and care of natural resources. Before authorizing private usage, the Forest Service is required to complete an environmental analysis to determine the social, economic and environmental effects the operations could have on the area.
There are consistent standards and requirements for special use authorizations issued by USFS. Individual Districts use their Land Management Plan to guide their decisions. Every District is different.
As part of the permit, services and facilities provided by entities must be available to all members of the public. The permits contain a non-exclusive use clause, which states that the use and occupancy under the permit is not exclusive. This clause applies to the land itself.
“[Entities] shouldn’t be restricting all access to the site, but they may be authorized/allowed to charge a fee for use of the boat launch, docks, etc. if identified within the permit,” Jerman wrote. “[USFS] reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder’s rights and privileges under their permit, so long as we consult all parties involved.”
Jerman wrote that the event fees charged to a permit holder are calculated by multiplying the rate by the estimated gross revenue of the event and subtracting any prize money given out. Resort Permit fees are calculated based on sales using the “Graduated Rate Fees System,” so each use is unique in its total.
Recreation events fall under the Recreation Enhancement Act. The Act allows 95% of collected fees to return to the National Forest on which the event took place for event administration and monitoring. The remaining 5% goes to the region in which the fees were collected. Money collected from resorts goes directly back to the U.S. Treasury.
Jerman wrote that special use permit holders provide additional activity opportunities for members of the public.
“Private entities and permit holders help facilitate the use, enjoyment, understanding and appreciation of natural resource settings in our National Forests,” she wrote. “This is becoming even more important with the influx of new users, many of whom are inexperienced or not equipped to safely enjoy all the outdoor recreation opportunities that our National Forests provide.”
Jerman advises institutions interested in applying for a special use permit to contact the local Forest Service office where the use is being requested. Prior to submitting the proposal, applicants should arrange a meeting with the office to have discussions on the proposal and potential land use conflicts. During this discussion, applicants should expect to review application procedures and qualifications, probable time frames, fees, bonding requirements, additional coordination with other agencies, environmental reports and field reviews. Most commercial uses require additional information such as business plans, operating plans, liability insurance, licenses/registrations or other documents.
More information on USFS special use permits can be found on https://www.fs.usda.gov/detail/r6/passes-permits/?cid=stelprdb5253583.
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