EFFECTIVE 6/15/94 Page 16 of 16

R2 SUPPLEMENT 2300-94-5 2340

EFFECTIVE 6/15/94 Page 16 of 16

FOREST SERVICE MANUAL

DENVER, CO

2300 - RECREATION, WILDERNESS, AND RELATED RESOURCE MANAGEMENT

R2 Supplement No. 2300-94-5

Effective June 15, 1994

POSTING NOTICE. Supplements to this title are numbered consecutively. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplement to this Title was Supplement 2300-94-4 to 2360.

Page Code Superseded Sheets

2340 2

2341.3 1

Supplements Covered

R2 Supplement 2300-91-2

R2 Supplement 68, 11/76

Document Name New Pages

2340 16

Digest:

Reissues in electronic format for entire chapter. Removes 2341.3 which has no reference to parent text.

ELIZABETH ESTILL

Regional Forester

TITLE 2300 - RECREATION, WILDERNESS AND RELATED RESOURCE MANAGEMENT

2340 - PRIVATELY PROVIDED RECREATION OPPORTUNITIES

2340.3 - Policy. Forest Product Removal. In order to meet USDA program objectives to provide public recreation; to perpetuate a condition suitable for recreation purposes and to achieve other benefits, there is often a need to have timber and other forest products removed from National Forest System lands that are under special use authorization as commercial public service resorts.

Under most circumstances, timber is best removed under the direction of the permit holder, through the Operating Plan authorization, rather than by commercial timber operations. Appraised values may be different from those of normal timber sales. The principal reasons are timing of operations, coordination with concurrent activities on the site, delays which seriously and adversely affect operations, concurrent vegetation management treatments, and environmental factors. All of these factors affect the marketability and value of the timber being removed from these sites.

The following diagram outlines how appraisal, sale, and disposal will be determined and managed.

Will the Authorized Officer in consultation with the permittee allow the cut material to be removed from the site or must the material be burned, chipped, and/or buried on site due to other resource considerations?
Protection of the resources, compatibility with the integrity of the area design and development, and visual considerations are among several factors affecting these decisions.
|
|
Removal allowed /

Disposed on site

Does a competitive 1/ market exist for the products being removed? / Dispose of free of charge under 36 CFR 223.2 and 223.12.
|
Yes
| / |
No
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Sell at standard 3/ or appraised rates. / Sell at minimum or standardrates 2/3/

1/ A competitive market is determined from FSH 2409.22, section 51.4 (61.4 for Black Hills) Item 28. Any Forest exceeding 1.05% (or> 5% of Item 7 for Black Hills) is considered a competitive market.

2/ When products are sold at minimum rates without allowing competition,the Forest Officer must insure that the permittee does not profit from the resale of the products.

3/ Under this policy, no cost or selling price adjustments are allowed with standard or minimum rate sales.

Use an administrative sale appraisal, not a timber settlement appraisal. Certain costs normally added to a timber settlement appraisal, such as land clearing costs, are in the interests of the National Forest System and the Secretary of Agriculture and are not added to administrative sale appraisals. When products have been determined to be of low value, keep appraisals simple, so sale preparation costs reflect the value of the product.

Timber settlement is appropriate for utility corridors, electronic sites, highway projects and similar uses where the government is not interacting with a private entity in an endeavor that is of substantial benefit to programs of the National Forest System. Commercial public service resorts on National Forest System lands are authorized because they are in the public interest, of substantial benefit to the general public, and a specified program of the USDA.

2342 - ADMINISTRATION OF PRIVATE SECTOR USES.

2342.04 - Responsibility.

7. Regional Forester.

a. Land Use Decision. The Regional Forester, through the Forest Land and Resource Management Planning process or prior land use plans, grants approval for the classification of potential downhill winter sports sites. This approval constitutes the Land Use Decision (Stage I) of the Forest Service Joint Review Process (JRP) as outlined in FSH 2309.23, Chapter 30, Winter Sports Complex Planning. Land Use Decision is synonymous with Land Use Allocation as outlined in FSH 2309.23 and Regional Guide.

b. Study Authorization. Study authorization (Stage II) for downhill winter sports sites is the direct responsibility of the Regional Forester. This authority includes new winter sports sites, and expansion of existing winter sports sites (FSH 2309.23). This is a basic authorization to participate, including the expenditure of manpower, money, and the execution of collection agreements in winter sports site JRP studies. This review provides for a broad Regional overview and coordination of specific study proposals within the framework of the Regional Guide. Forest Supervisors shall support their requests for Study Authorization with an appropriate estimate of employee demands, funding requirements, time schedules and land use decision references. Forest Supervisors must request this authorization directly from the Regional Forester. The land use decision must be made before formal authorization to participate in the JRP is granted.

c. Categories. The four-level category system for studying existing and proposed downhill winter sports sites, as outlined in the Rocky Mountain Regional Guide, will direct the internal Forest Service process for guiding and scheduling action on special-use permit applications or expansion requests from existing permittees. The categories are as follows:

(1) Category 1 - Category 1 includes the following:

(a) Projects already committed to planning prior to the Regional Guide;

(b) Existing permitted areas with potential for expansion. (Either within or adjoining the permitted area.)

(c) New sites rated good and served by existing ski areas or resort communities.

(2) Category 2 - Category 2 includes inventoried sites rated good with an adequate road system and with either adequate air or rail service to accommodate expected use.

(3) Category 3 - Category 3 includes inventoried sites rated good, but current public transportation systems are inadequate to accommodate expected use.

(4) Category 4 - Category 4 includes inventoried sites rated marginal, based on the physical potential of the mountain. A site is also considered marginal when poor snow conditions historically exist and snowmaking is a requirement for, rather than a supplement to normal operations.

See Exhibit 1 for a complete list of sites.

The Forest Service will initiate and chair JRP planning actions that deal directly with Category 1 sites.

State and local governments often have different objectives and priorities for downhill ski area development and regional supply distributions because of local long-range economic and social goals. When Category 2, 3, and 4 sites receive official study endorsement and support by both State and local governments, these sites may be scheduled for study under the JRP ahead of or in concert with Category 1 sites. Official endorsement means written request from the Governor of a State or a designated representative, Chairman of local county commissioners, and Mayor of local towns when appropriate. Forest Supervisors shall ensure such official written endorsement is on hand before requesting study authorization for Category 2, 3, and 4 sites.

When official endorsement of a Category 2, 3, and 4 site is received from State and local governments, Forest Service involvement is contingent upon one of those governmental entities taking an active joint lead agency role (40 CFR 1501.5) in chairing the Joint Review Process. Their involvement is essential since environmental impacts associated with new winter sports site proposals often have major off National Forest effects on local community infrastructures; schools, transportation systems, public protection, water and sewer systems, housing, etc. Such off National Forest impacts on non-Federal land will be dealt with by other governments who have legal responsibility for permitting and dealing directly with those issues.

When Category 2, 3, or 4 sites are endorsed for accelerated study over Category 1 sites, it will be the responsibility of the proponent, State, or local governments to arrange for and fund all or portions of studies involving off-site and National Forest System lands as may be determined necessary by a Joint Review Committee. Funding will include required Environmental Assessments (EA) and/or Environmental Impact Statements (EIS) covering National Forest System lands. The Forest Service will retain responsibility and ensure necessary EA/EIS's relative to National Forest System lands are initiated, prepared and decision documents executed. The Forest Service will not take over another agency's or entity's responsibility to complete an assigned section or part of any study, if for some reason the study is delayed or not concluded.

Proponents, land developers, State and/or local governments who engage in self-initiated studies of potential winter sports sites prior to formal land use decision and study authorization do so at their own risk and expense. The Forest Service may cooperate by providing technical information relative to study needs and process, but will not undertake detailed resource studies until land use decisions are made.

8. Forest Supervisors.

a. Site Specific Studies (EA/EIS). The Forest Supervisor is delegated the authority to initiate and/or enter into the Joint Review Process for the purpose of evaluating "concept" proposals for winter sports sites, including the formulation of appropriate NEPA documents and decisions. Such actions are not authorized until after the Land Use Decision and Study Authorization is approved by the Regional Forester. This authority includes the signing of appropriate JRP Memorandum of Understanding, decision documents and special-use permits.

The Regional Forester will provide appropriate technical staff assistance, as may be necessary, to aid the Forest Supervisor in conducting the Joint Review Process and related NEPA studies.

All concept site specific proposals and associated draft EAs/EISs and decision documents, implementation master development plan (MDP), including maps, shall be reviewed by the Regional Office for technical sufficiency prior to Forest Supervisor's approval and acceptance. This is due to the Regional and National significance of such proposals.

The Forest Supervisor, prior to accepting detailed implementation master development plan documents, shall analyze such proposals through an administrative review to insure actions and mitigation measures conform with appropriate tiered NEPA documents and decisions. The purpose of this review is to determine if additional NEPA assessment and documentation is required. This analysis will be documented and included in the MDP appendix.

When existing areas require a new MDP, the concept and implementation phases may be combined into one document depending on the complexity of the project.

The Forest Supervisor is delegated authority to jointly approve Winter Sports Operating Plans along with the permittee. The Operating Plan is an official extension of the special-use permit.

The Forest Supervisor is delegated the authority to authorize the use of downhill and cross-country skis, snowboards, and other downhill devices designed to accommodate handicapped and other users within developed ski areas when in accordance with the provisions outlined in the Operating Plan. Recommendation of such recreation uses and equipment is the responsibility of the permittee and must be fully covered by liability insurance.

b. Special-Use Permits. The special-use permit is the first point at which a commitment to development can be made. The authorized officer for winter sports concessions as referenced in FSM 2343 - Term Permits Under the National Forest Ski Area Act of 1986 and FSM 7320 - Tramways, Ski Lifts, and Tows, shall be the Forest Supervisor. The Forest Supervisor is authorized to approve and sign the special-use permit, which includes the Master Development Plan and Operating Plan. This authority covers both downhill, "alpine", ski areas and nordic centers which are authorized under the Act of 1986. The Forest Supervisor may delegate the technical duties of monitoring, inspection, and special-use permit administration as appropriate. Those delegated administrative duties must be fully qualified and trained to administer special-use permits and Operating Plans.

The authorized officer for technical review and approval of helicopter skiing outfitter-guide permits and Operating Plans is the Forest Supervisor. For commercial Nordic skiing, snowmobiling, and other commercial winter outdoor recreation activities authorized under a separate outfitter-guide permit, the Forest Supervisor may delegate the authority to issue and administer permits for terms of no more than five years, to District Rangers.

Temporary suspension of operations under 36 CFR 251.60(f) shall be reserved to the Forest Supervisor unless there is an immediate threat to the personal safety of the using public, ski area personnel, or Forest Service employees by continued use of a particular tramway, lift, tow, or other facility. Personnel delegated emergency suspension actions will be designated either by name or position and documented in the Operating Plan.

All delegations shall be in writing for each special-use permit and shall be posted in the individual case file, permittee's record and Operating Plan. The Forest Supervisor shall designate these individuals in writing and the permittee notified. This should generally be done at the time the Operating Plan is jointly prepared or updated and approved.

c. Winter Sports Site Inventory. An inventory of potential winter sports sites will be maintained by each Forest administrative unit. Inventoried sites, listed in current Forest Plans, including new proposed sites, will be evaluated and given appropriate land use designations in Forest Plan revisions.

Prior to including any new sites in the Region and Forest inventory, each potential site will be evaluated using criteria outlined in FSH 2309.23, Chapter 10 - Winter Sports Site Inventory. Site evaluations for inventory purposes focus on the physical attributes of a site. They are not intended to replace nor are they to include NEPA documentation. This is to be completed when sites are proposed for detailed study.

The Forest Supervisor is delegated authority to conduct winter sports site inventory evaluations and the assignment of appropriate resource prescriptions for the long term protection and enhancement of selected sites.

Winter sports site inventories include potential areas for downhill and nordic resorts, snowmobile centers, and other appropriate winter use activities that require long term land use designations.

d. Official Use of Facilities by Forest Service Employees on Their Administrative Unit. Annually, prior to the operating season, Forest Supervisors will provide permittees a list of designated employees whose duties will require access to the mountain and recreation facilities. Either season passes or daily passes may be used for official visits. However, season passes will be limited to those employees normally required to spend at least one day a week at the facility during the operating season. Employees who may require a season pass will be specified in writing by the Forest Supervisor. Permittees may elect to provide official use daily passes rather than season passes.