D36 LAO ACTION ALERT – Comment on FS Special Use Permit Proposal
Comments due: June 20, 2023
The D36LAO wants to first want to thank the AMA Government Affairs Director, 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
LINK TO PROPOSED RULE
https://www.govinfo.gov/content/pkg/FR-2023-05-19/pdf/2023-10436.pdf
The LAO 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.
The LAO also 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.
The D36 LAO is preparing written comments and is urging our clubs 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. Thank you!
Don Amador
District 36 LAO Director
