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Commercial/University Use of UAS on National Forest System Lands

Commercial UAS Use

Commercial use of NFS lands requires a special use authorization (36 CFR 251 Subpart B). For commercial UAS operators conducting their own business not for the Forest Service, but on NFS lands, there is no UAS specific special use authorization (SUA). UAS are tools or equipment of the trade just like canoes, horses, or dozers, and would be authorized under permits such as outfitter/guide or utility line and incorporated into an Operations and Maintenance (O&M) Plan. See FSH 2709.11 CHP 10 - Application and Authorization Processing, Exhibit 02 Appropriate Use Code Authority for uses that generally require a permit.

The operator of a UAS for business on NFS lands will need to have a special use permit for the activity that requires the use of a UAS. Some examples include a utility company inspecting their transmission lines and towers, a ski lift operator inspecting their ski lift, some commercial filming operations may require a special use permit if they are filming in a location not accessible by the general public and requires the use of props and actors. 

News media filming on going news events or background video do not require a special use permit Reference (FSM 2700) and (FSM 2300) for wider discussions on special use. 

 

No commercial use of UAS in the Wilderness will be authorized. See Section 4 (c) in the Wilderness Act. 

These operations are permitted with the following authorizations: 

  • The operator has a current FAA Part 107 remote pilot certificate and the aircraft is registered.

  • The operator obtains a Special Use Authorization (SUA) approved by the Line Officer, any third-party pilot or aircraft will need to be identified and approved under the SUA 

  • The Forest/Zone Aviation Officer, Regional UAS Specialist should be notified of all commercial UAS operations or end product contracts which utilize UAS.

  • The agency is not legally responsible for overnight security of contract UAS at an airport or other secured area. At other sites, however, it may be prudent for the agency to provide security.


University UAS Use

When a university (or other educational institution) proposes to collaborate with the agency on a UAS project over NFS lands:

  • Ensure there is an agreement in place between the University (or other educational institution) and the Forest.

  • There must be a COA in place or the project must meet Part 107 requirements (remote pilot certificate and aircraft registration).

  • If Universities are working in collaboration or in partnership with the Forest Service for government benefit, then no special use authorization is needed.

  • If no collaboration or partnership exists between the University and the Forest Service, then a special use authorization will be required.

     

https://www.fs.usda.gov/es/node/757005727