A Preliminary Review of U.S. Forest Service Business Practices To Authorize Special Uses, Including Energy Infrastructure Projects, on National Forest System Lands

Abstract

The U.S. Forest Service (USFS) Special Uses-Lands Program is in jeopardy. Although this program, authorized in Title 36, Part 251, of the U.S. Code of Federal Regulations (36 CFR Part 251), ranks among the top four revenue-generating programs for use of National Forest System (NFS) lands, along with the Timber, Minerals, and Special Uses-Recreation Programs, the Special Uses-Lands Program is in a state of neglect. Repeated cuts in funding (a decrease of 26% from fiscal years 2010 to 2014) are adversely affecting staffing and training, which in turn is affecting timely permit processing and ultimately the public’s ability to use and benefit from NFS lands. In addition, highly experienced staff with valuable institutional knowledge of the program have begun to retire. The ability of the program to function under these dire circumstances can be attributed to the dedication of Special Uses staff to the program and their commitment to the public. The initial focus of this report was to identify opportunities for improving performance of permitting and review for large energy infrastructure-related projects. However, it became clear during this analysis that these projects are generally adequately staffed and managed. This is due in large part to the availability of cost-recovery dollars and the high-profile nature of these projects. However, it also became apparent that larger issues affecting the bulk of the work of the Special Uses-Lands Program need to be addressed immediately. This report is a preliminary examination of the state of the Special Uses-Lands Program and focuses on a few key items requiring immediate attention. Further investigation through case studies is recommended to dig deeper into the Special Uses-Lands Program business process to determine the most costeffective strategies for streamlining the overall process and the metrics by which performance can be evaluated, including for the permitting and tracking of energy infrastructure projects.

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