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Current Forest Service regulations at 36 CFR part 251, subpart B, govern the processing of special use applications and issuance of special use authorizations for uses of National Forest System (NFS) lands, including communications uses. Forest Service Handbook (FSH) 2709.11, chapter 90, provides direction for communications uses and Chapter 30, provides direction for fee administration. These regulations and directives need to be updated consistent with newly enacted statutes that establish requirements for charging a new programmatic administrative fee for communications use authorizations.

Consistent with section 8705 of the Farm Bill, the proposed rule would amend 36 CFR part 251, subpart B, to enable the agency to charge a new annual programmatic administrative fee for communications use authorizations to cover the costs of administering the Forest Service’s communications site program.  The proposed regulation would establish an annual programmatic administrative fee for communications use authorizations to cover the costs of administering the Forest Service’s communications site program.

Overall Description of Deadline: Section 8705 of the Farm Bill, as amended, directs the Forest Service to issue regulations within 1 year of its enactment on December 20, 2018. Implementation of section 8705 was delayed until legislative authority to spend, not just collect and retain, the programmatic administrative fees was in place.