ACTION ALERT – Comment on FS Special Use Permit Proposal

Don Amador on Event Trail 

Eldorado National Forest

ACTION ALERT – Comment on FS Special Use Permit Proposal

 

Comments due: June 20, 2023

 

 

I first want to thank my counterpart at AMA, Nick Haris, for bringing this issue to my attention as it has the potential to increase the red-tape and costs of obtaining a special use permit for OHV and even non-motorized clubs if fees are charged to attend a competition or group event.

 

The Forest Service has proposed to amend its special use regulations to update the processing and monitoring fee schedules based on current Agency costs; to provide for recovery of costs associated with processing special use proposals, as well as applications; and to remove the exemption for commercial recreation special use applications and authorizations that involve 50 hours or less to process or monitor.

 

 

LINK TO FEDERAL REGISTER NOTICE

https://www.federalregister.gov/documents/2023/05/19/2023-10436/land-uses-special-uses-cost-recovery-strict-liability-limit-and-insurance

 

LINK TO PROPOSED RULE

https://www.govinfo.gov/content/pkg/FR-2023-05-19/pdf/2023-10436.pdf

 

 

QWR believes the proposed rule amendments with their collective weight will disenfranchise important partners by creating a significant fiscal hardship on the motorcycle clubs, riders, and families that use FS lands.  Many clubs, are 501 (c) 7 volunteer-based social clubs or have some other non-profit classification. 

 

QWR believes the loss of the 50-hour exemption and other proposed, yet vague, fee increases will force many partner clubs to cease applying for a special use permit since events such as an amateur enduro  are many times a “break-even” proposition since the entry fees will not cover the club’s expense for items such as on-site medical services, communications, and other event materials.  This proposal threatens those important partnerships and the pre-event volunteer trail work they do.

 

In 2011, I was part of a national effort that called for reform of the permitting process because it had become so complicated and costly that most "non-profit club events" could simply not comply with the requirements. In addition, historic and popular competitive events occurring without problems had been subjected to arbitrary fees where permit fees were raised from $500 to $10,000 -$20,000 or more. In some areas, the application process to obtain a special use permit was used to prohibit and/or severely restrict otherwise allowable activities.

 

QWR is urging our motorized and non-motorized recreation group partners to review the proposal and  urge the agency to amend the proposal to address  concerns you may have.  The comment period ends on June 20, 2023.  Thanks for your review of this important topic.