Permits

What are special-use authorizations?

A special-use authorization is a legal document such as a permit, term permit, lease, or easement, which allows occupancy, use, rights, or privileges of NFS land. The authorization is granted for a specific use of the land for a specific period of time.

When do I need an authroization?

• If you will need to occupy, use, or build on NFS land for personal or business purposes, whether the duration is temporary or long term.
• If there is a fee being charged or if income is derived from the use.
• If an activity on NFS land involves individuals or organization with 75 or more participants or spectators

Is my proposal appropriate?

1. Your request must be consistent with laws, regulations, orders, policies of NFS lands, other federal laws, and applicable State and local health and sanitation laws.
2. Your request must be consistent or made consistent with the standards and guidelines in the applicable Land and Resource Management Plan.
3. Your request must not pose serious or substantial risk to public health or safety.
4. Your request must not require exclusive or perpetual right of use or occupancy.
5. Your request does not unreasonably conflict or interfere with administrative uses, other scheduled or authorized existing uses, or use of adjacent non-NFS lands.
6. The proponent must not owe any fees to the Forest Service from a prior or existing special-use authorization.
7. No gambling or providing of sexually oriented commercial services can be authorized on NFS land, even if permitted under state law.
8. No military or paramilitary training or exercises by private organizations or individuals can be authorized on NFS land, unless it is federally funded.
9. No disposal of solid waste or storage or disposal of radioactive or other hazardous substances can be authorized on NFS land.

How do I apply?

• Contact  Paula.friesen@usda.gov and request an application.
• Prior to submitting the proposal, you are required to arrange a preapplication meeting at the local Forest Service office where the use is being requested. A staff member will discuss your proposal, potential land use conflicts, application procedures and qualifications, probable time frames, fees, bonding requirements, additional coordination with other agencies, environmental reports, and field reviews.
• Most commercial uses require additional information with the application. You may need business plans, operating plans, liability insurance, licenses/registrations, or other documents. A commercial use is when an applicant intends to make use of NFS lands for business or financial gain.
• Complete and submit the application form, including supporting documents, to the local Forest Service office. An incomplete proposal could delay the processing.

How do I answer all the questions?

Name and Address- Include the full name(s) to be used. If the application includes real property, the name(s) on the legal document must match the application.

Applicant's Agent- This person must be at least 21 years old and may or may not be the same as the applicant. Documentation should be included to verify that this person may sign on behalf of the applicant.

Project Description- Include enough detail to enable the Forest Service to determine feasibility, environmental impacts, benefits to the public, the safety of the request, lands to be occupied or used, and compliance with applicable laws and regulations.

Environmental Protection Plan- Include proposed plans for environmental protection and rehabilitation during construction, maintenance, removal, and reclamation of the land.

Map- Provide a detailed map (U.S. Geological Survey quadrangle or equivalent) or plat (survey or equivalent) showing the requested use in relation to NFS land, identification of applicant's property (if applicable), scale, map legend, legal description, and a north arrow.

Technical and Financial Capability- Provide documentation to assure the Forest Service you are capable of constructing, operating, maintaining, removing the use off NFS land, and reclaiming the land after the authorization terminates.

Alternatives- You must first consider using nonfederal land. Lower costs or fewer restrictions are not adequate reasons for use of NFS lands. Provide alternative locations for the proposal in your application.

What does an authorization cost?

Cost Recovery Fees- An assessment of fees to recover agency processing costs for special use applications and monitoring costs for special use authorizations. These fees are separate from any fees charged for the use and occupancy of NFS lands.

Land Use Fees- This is an annual rental fee based on the fair market value for the uses authorized and is payable in advance. Fees are established by appraisal or other sound business management principles.

Other Associated Costs- You may be responsible for providing information and reports necessary to determine the feasibility and environmental impacts of your proposal; compliance with applicable laws and regulations; and terms and conditions to be included in the authorization.

Forms

SPECIAL-USE PERMIT FOR NONCOMMERCIAL GROUP USE FS-2700-3b (.docx)

Who has to get a permit under the regulation?

The regulation requires a permit for noncommercial group uses of National Forest System lands. Under the regulation, a group use is an activity that involves a group of 75 or more people, either as participants or spectators. Noncommercial is any use or activity where an entry or participation fee is not charged, and the primary purpose is not the sale of a goods or service. Some examples of noncommercial group uses are weddings, church services, endurance rides, regattas, camping trips, hikes, music festivals, rallies, graduations, and races.

Why are permits required for noncommercial group uses?

As a steward of the National Forests, the Forest Service has a duty to minimize resource impacts on National Forest System lands. Large group gatherings in the National Forests have significant adverse impacts on Forest resources, public health and safety, and the agency's ability to allocate space in the face of increasing constraints on the use of National Forest System land. A permit system allows the agency to address these problems more expeditiously, more effectively, and more equitably. These adverse impacts include: -The spread of disease; -Pollution from inadequate site clean-up; -Soil compaction from inadequate site restoration. -Damage to archaeological sites; and -Traffic congestion

Why do you define a group as 75 or more people? Why not 15 or 50?

Originally, the regulation proposed that a permit be required for 25 or more people. Based on public comment and the Forest Service s experience with all types of noncommercial group uses on National Forest System lands, particularly with respect to resource impacts associated with these uses, it was determined that a 25-person threshold is too low and that 75 people is a more appropriate threshold for applicability of the regulation.

While any numerical threshold is arbitrary in that 25 people could have more impact than 75, depending on the type of activity and the characteristics of the site, a numerical threshold is the fairest and most objective standard for applicability of the rule. In addition, groups with 75 or more people tend to have a greater impact on National Forest System lands than smaller groups.

By requiring permits for noncommercial group use, is the Forest Service infringing on the constitutional rights of freedom of speech, assembly, and religion?

No. The Supreme Court has held that the government may enforce reasonable time, place, and manner restrictions on First Amendment activities as long as the restrictions are justified without regard to the content of the regulated speech, they are narrowly tailored to further a significant government interest, and they leave open ample alternative channels for communication of information.

Permits are constitutional restrictions of time, place, and manner where narrow, objective standards guide the licensing authority. This rule ensures that authorization procedures for noncommercial group uses comply with First Amendment requirements of freedom of speech, assembly, and religion. The regulation does not single out expressive conduct or treat it differently from other types of activity. The regulation established a single category, noncommercial group uses, and applies the same evaluation criteria to all applications for noncommercial group uses regardless of whether they involve the expression of views. The evaluation criteria are specific and content-neutral and regulate the time, place, and manner for the proposed activities.

How is this regulation different from the earlier versions?

This regulation does not single out expressive conduct or treat it differently from other types of activity. The evaluation criteria in this regulation do not give an authorized officer discretion to deny an application based on the content of speech. Specifically, this rule:

-Establishes a single category called noncommercial group uses. -Restricts the content of an application for noncommercial group uses to information concerning time, place, and manner. -Applies the same evaluation criteria to all applications for noncommercial group uses, regardless of whether they involve the expression of views. -Establishes specific, content-neutral evaluation criteria. -Provides that applications for noncommercial group uses will be granted or denied within a short, specific timeframe. -Provides that if an application is denied and an alternative time, place, or manner will allow the applicant to meet all the evaluation criteria, the authorized officer will offer that alternative. -Requires an authorized officer to explain in writing the reason for denial of an application for a noncommercial group use. -Provides that a denial of an application for a noncommercial group use is immediately subject to judicial review.

How does the rule work?

Under the rule, anyone seeking to conduct a noncommercial group activity on National Forest System lands would have to apply for and receive a permit. The rule creates a presumption in favor of granting a permit for noncommercial group uses. An application has to be granted if eight evaluation criteria are met. These criteria are narrow and unrelated to the content of speech. They merely regulate the tune, place, and manner for noncommercial group uses. These features of the rule are necessary to ensure compliance with First Amendment requirements of freedom of speech, assembly, and religion.

What are the eight evaluation criteria?

Authorized officers will grant an application for a noncommercial group use if they determine that:

Authorization of the proposed activity. is not prohibited by the rules at 36 CFR Part 261, Subpart A, by an order issued under the regulations at 36 CFR Part 261, Subpart B, or by federal, state, or local law unrelated to the content of the expressive activity; Authorization of the proposed activity is consistent or can be made consistent with standards and guidelines in the applicable forest land and resource management plan required under the National Forest Management Act and 36 CFR, Part 219; The proposed activity does not materially impact the characteristics or functions of the environmentally sensitive resources or lands identified in Forest Service Handbook 1909.15, chapter 30; The proposed activity will not delay, halt, or prevent administrative use of an area by the Forest Service or other scheduled or existing uses or activities on National Forest System lands; The proposed activity does not violate state any local public health laws and regulations as applied to the proposed site. Issues addressed by state and local public health laws and regulations as applied to the proposed site include but are not limited to:

The sufficiency of sanitation facilities; The sufficiency of waste-disposal facilities; The availability of sufficient potable drinking water; The risk of disease from the physical characteristics of the proposed site or natural conditions associated with the proposed site; and The risk of contamination of the water supply.

The proposed activity will not pose a substantial danger to public safety. Considerations of public safety do not include concerns about possible reaction to the users identity or beliefs from non-members of the group applying for a permit and are limited to the following:

The potential for physical injury to other forest users from the proposed activity; The potential for physical injury to users from the physical characteristics of the proposed site or natural conditions associated with the proposed site; The potential for physical injury to users from scheduled or existing uses or activities on National Forest System land; and The adequacy of ingress and egress in case of an emergency;

The proposed activity does not involve military or paramilitary training or exercises by private organizations or individuals, unless such training or exercises are federally funded; and A person or persons 21 years of age or older have been designated to sign and do sign a permit on behalf of the applicant.

Can the Forest Service deny a permit for noncommercial group uses under the regulation?

Yes, but the regulation establishes a presumption in favor of granting a permit for noncommercial group uses. Under the regulation, applications must be granted or denied in. a short, specific timeframe. Applications must be submitted at least 72 hours in advance of a proposed activity and must be evaluated by the Forest Service within 48 hours of receipt. Otherwise, they are deemed granted. A permit can be denied only if it does not meet the eight evaluation criteria.

Equally important, an authorized officer has to explain to the applicant in writing the reasons for the denial. There has to be an adequate factual basis for the denial, and a record has to be developed to support the reasons for the denial. If an. application is denied, and an alternative time, place, or manner will allow the applicant to meet all the evaluation criteria, the authorized officer will offer that alternative.

Do applicants for a noncommercial group use have to sign a permit?

Yes, applicants for any noncommercial group use have to designate at least one person 21 years of age or older to sign a permit and that person or persons have to sign the permit. This feature is essential for effective permit administration. The agency must have someone to contact on behalf of the group. In addition, the signature gives the permit legal effect A person who signs a permit for a noncommercial group use acts as an agent for the group and subjects the group to the terms and conditions of the permit. A person who signs a permit does not, however, assume personal responsibility for the group's actions.

Is a significant amount of time necessary to comply with the provisions of the National Environmental Policy Act (NEPA)in processing applications for noncommercial group uses under this regulation?

No. Under the regulations, permits for noncommercial group uses are categorically excluded in the absence of extraordinary circumstances (Forest Service Handbook 1909.15, Chapter 30) from documentation in an environmental assessment or an environmental impact statement. Consideration of extraordinary circumstances is incorporated in the rule as an evaluation criterion. Thus, the processing of applications for noncommercial group uses can be expedited to comply with constitutional requirements for a short, specific timeframe for processing permit applications for expressive activities.

By allowing authorized officers to assess specific public health and safety criteria before issuing a permit, is the Forest Service ensuring the health and safety of group participants and other forest visitors?

No. Rather than ensuring public health and safety, the rule merely allows an authorized officer to deny a permit based on specific considerations of public health and safety associated with the proposed activity. These criteria must be narrow in order to comply with First Amendment requirements. The Forest Service cannot guarantee public health and safety. However, with the assistance of state and local officials, the agency can and does address health and safety concerns affecting groups and other forest visitors.

Does the regulation require that applicants for a noncommercial group use permit obtain bonding or insurance?

No. Noncommercial group uses involve or potentially involve First Amendment activities. Requiring bonding or insurance as a precondition to the issuance of a permit for expressive conduct could be construed as an undue burden on the exercise of First Amendment tights. In other words, requiring an applicant to obtain bonding or insurance before a permit is issued could be seen as putting a price tag on speech in violation of the United States Constitution.

Are noncommercial group uses subject to Title VI of the Civil Rights Act of 1964?

No. Generally, Title VI would not apply to noncommercial group use of National Forest System lands. There is no federal financial assistance as defined under implementing regulations because the use is casual and transient. In addition, Title VI only applies when federal funding is given to a non-federal entity, which in turn provides financial assistance to the ultimate beneficiary. Title VI does not apply to noncommercial group uses because the permit holder is the ultimate beneficiary of the permit.

Are Native American large group gatherings subject to the rule?

Yes. A permit is required for all noncommercial groups of 75 or more, including groups of 75 or more Native Americans, who seek to engage in traditional ceremonies and activities on the National Forests. The regulation ensures that authorization procedures for noncommercial group uses, including religious gatherings, comply with First Amendment requirements of freedom of speech, assembly, and religion.

What are the differences between the Forest Service and the National Park Service (NPS) permit systems for noncommercial group uses?

NPS, like the Forest Service, requires permits for noncommercial group uses. NPS has two permitting systems, one for the National Capital Region and one for the rest of the units in the National Park System. The former applies to specific sites and is more narrow in scope than the latter. The Forest Service rule applies to the entire National Forest System.

Are large group gatherings an appropriate use of National Forests?

Yes, they are an appropriate use, but it is important to. minimize impacts on the environment and to ensure the health and safety of all forest visitors. The regulation accommodates these concerns by authorizing noncommercial group uses subject to constitutional time, place, and manner restrictions.

How does the Forest Service manage gatherings of large groups?

The Forest Service: Works with sponsors of the group to ensure adequate protection of the environment and to address health and safety concerns affecting group members and other forest visitors. Assembles an incident command team, if it is a particularly large group, consisting of resource managers and representatives from law enforcement, safety and health, and public affairs. Keeps the public informed. Provides direction on traffic management to minimize the environmental impacts associated with parking large numbers of vehicles. Provides guidance to reduce displacement of wildlife, to ensure provision of adequate sanitation, and to maintain stream quality. Enforces laws and assists state and local law enforcement officials if criminal violations occur.

What is the cost to the government to administer noncommercial group uses?

The Forest Service estimates that it costs at least $700,000 per year to administer group uses. This figure does not include law enforcement costs.

Why does the government pay for administrative costs associated with group uses?

The Federal government, along with state and local agencies, bear these costs because they are obligated to protect the National Forest environment and are concerned about the health and safety of forest visitors. In addition, shifting law enforcement costs to applicants for noncommercial group events, which involve or potentially involve expressive conduct, could be construed as an undue burden on the exercise of First Amendment rights.

How do local communities feel about large groups gathering on nearby National Forests?

The reaction in local communities is mixed. On one hand, large groups can present small communities with traffic and law enforcement problems. On the other hand, members of large groups often purchase goods and services, such as gas and groceries, providing a boost to the local economy. The Forest Service continues to play a strong role in working with local communities when affected by a sudden influx of national forest visitors.

Who are the Rainbow Family?

The Rainbow Family is one of many groups that use National Forest System lands. They are a loosely knit association of persons who organize gatherings in the national forests for their stated purpose to celebrate life, worship, express ideas and values, and associate with others who share their beliefs. The largest of these meetings is the Rainbow Family National Gathering, which is held annually in the summer and has attracted as many as 20,000 people from across the nation.

Does the regulation single out the Rainbow Family?

The regulation does not single out any particular group. Approximately 1800 groups received permits to conduct non-expressive activities on National Forest System lands in 1992. Because of the court rulings, the agency has been unable to regulate activities involving the expression of views. The regulation is needed to treat all groups consistently and fairly.

Does the Rainbow Family gather only on National Forests?

Since their inception in 1971, the largest Rainbow Family gatherings have been on National Forest System lands. The Rainbow Family has held gatherings on BLM and other private and state public lands.

Questions contact: Paula.friesen@usda.gov

Description

Commercial filming and photography may take place on Forest Service public lands (National Forests). Like other commercial uses of National Forest System lands or resources, commercial filming and photography requires a Special Use Permit, which is issued by the District Ranger or Forest Supervisor [Authorized Officer] of the relevant forest.

The Forest Service generally requests two (2) weeks advance notice to process a permit application; please try to submit a request at least two weeks in advance of anticipated filming date. Please note that the request may be delayed if a map without sufficient detail is not provided.

Fees

Commercial filming and photography activities are subject to a per day use fee, determined by the size of the cast and crew present, and a non-refundable cost recovery fee (which covers Forest Service administrative and personnel costs) Payment must be made by check (no cash) at the National Forest Supervisor’s Office prior to first day of prep or filming. Please make checks payable to USDA Forest Service. Please see the fee schedule (below) for a list of fees.

Forms

Filming Permit 

Questions contact: Paula.friesen@usda.gov

Description

The Forest Service Recreation Residence program gives private citizens the opportunity to own a single-family cabin in designated areas on the National Forests. They are commonly called "summer homes" or "recreation residences". These privately owned cabins (improvements) are located within formally established "tracts" on "lots" designated for that purpose and are authorized and administered under the terms and conditions of a special use authorization(permit). The individual owns the improvements but not the land.

Fees

Forms

• SPECIAL-USE APPLICATION & PERMIT FOR RECREATION EVENTS FS-2700-3c (.docx)
• Cabin Fee Act Q&A (PDF)
• A Guide to Maintaining the Historic Character of Your Forest Service Recreation Residence (PDF)
• 2709.14_20 RECREATION RESIDENCES AND OTHER NONCOMMERCIAL, PRIVATELY OWNED IMPROVEMENTS AUTHORIZED TO INDIVIDUALS (.doc)
• Cabin Fee Act 2014
• Buying and owning a Recreation Residence Cabin on the Shasta-Trinity National Forest
• Recreation Residence Special-Use Permits and Living Trusts
• Recreation Residence Sample Permit
• Application -FS-2700-3a
• Proof of Principle Residence documentation
• Project Request Form
• Site plan example
• Hazard Tree Mitigation - 2021
• Fire Clearance
• Defensible Space Flyer
• Native Vegetation list
• Visible Danger Tree Indicators Poster - 2014

Questions contact: Paula.friesen@usda.gov

Description

Modoc National Forest may receive many requests from tour companies making stops on the district each year. Most of these tour groups are organized by a travel agent and a language interpreter accompanies the group. The trips are unguided but rather organized in advance to accommodate stops in town and to the local outdoor attractions where a paved road is present for access. These tours are considered commercial and therefore require a permit. 

Fees

Insurance: minimum insurance requirement $500,000.

3% of generated income (prorated based on the days spent on National Forest System Lands).

You will be billed a minimum fee of $115 which is not refundable. The Fee Worksheet below will walk you through establishing your Estimated Fee. If your estimated fee is below $115 you will be billed $115.

Forms

• USDA FOREST SERVICE SPECIAL USE APPLICATION & TEMPORARY PERMIT FOR OUTFITTING AND GUIDING, FS-2700-3f (09/2020) OMB No. 0596-0082 (.pdf)

Questions contact: Paula.friesen@usda.gov

Guiding - Providing services or assistance (such as supervision, protection, education, training, packing, touring, subsistence, transporting people, or interpretation) for pecuniary remuneration or other gain to individuals or groups on National Forest System lands.  The term "guide" includes the holder's employees and agents.

Outfitting - Renting on or delivering to National Forest System lands for pecuniary remuneration or other gain any saddle or pack animal, vehicle, boat, camping gear, or similar supplies or equipment.  The term "outfitter" includes the holder's employees and agents.

Commercial Outfitting and Guiding is a use that occurs on National Forest System lands where:

1. Where an entry or participation fee is charged, or
2. Where the primary purpose is the sale of a good or service and, in either case, regardless of whether the use or activity is intended to produce a profit (36 CFR 251.51).

Fees

Outfitter and Guides will be required to pay in advance for anticipated service days, this payment is non-refundable. Authorized Outfitter and Guide permits are limited to a maximum of 200 service days per permit. You will request your service days in the Description of Proposed Activities in the application.

1. Charge a flat land use fee for temporary use permits based on the amount of use allocated in service days as follows:

Forms

Outfitting & Guide Application

Questions contact: Paula.friesen@usda.gov

Description

 Research includes experimental forest demonstration areas, observatories, laboratories, stream gauges, weather stations, educational research study, and similar uses not intended to result in further development. 

Fees

Forms

Scientific Research Request Form

Questions contact: Paula.friesen@usda.gov

Description

The Forest Service authorizes communications uses on National Forest System lands with a lease or permit. The Forest Service encourages, and in some instances requires, co-location within or on existing facilities. Proposed uses must be consistent with our management objectives for the communications site and compatible with all existing uses.

All approved communications sites must have a current communications site management plan that is consistent with the applicable Land Management Plan and with any separate National Environmental Policy Act decision document. The communications site management plan must provide site specific direction and guidance to Forest Service personnel, the communications site users, and the public.

Communications uses include the following:

Broadcast Uses:  FCC-licensed AM and FM radio broadcasts, low power television, low power FM radio, cable television, UHF and VHF audio and video signals for general public reception.

Non-Broadcast Uses: FCC-licensed cellular telephone and personal communication services, mobile radio service, basic telephone service, microwaves for long-line intrastate and interstate public telephone, television, data transmissions and resource management companies, and other communication uses including amateur radio, person/private antennas, and environmental monitoring equipment.

Forms

• SF-299 Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property (.pdf, 280 KB)
• FS-2700-10 USDA Forest Service Technical Data Sheet (.pdf, 54 KB)
• FS-2700-10a Facility Owner and Occupant Inventory of Communications Uses (.pdf, 131 KB)
• FS-2700-10b Communications Use Lease (.pdf, 112 KB)
• FS-2700-10c Communications Use Permit for Federal Entities (.pdf, 94 KB)
• Communications Use Monitoring Form (.pdf, 1.13 MB)
• More information on how to apply for an authorization
• Obtaining a Special-Use Authorization with the Forest Service
• SF-299 Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property (.pdf, 281 KB)
• Plan of Development for a Communications Use Facility (.pdf, 21 KB)
• List of National and Regional Contacts as of 12/05/2023 (.pdf, 280 KB)
• Communications Site Management Plan Template as of 07/2023 (.docx, 2.10 MB)

Questions contact: Paula.friesen@usda.gov

Description

Using a National Forest System Road for commercial hauling is prohibited without a permit or written authorization. This use restriction applies to all commercial haul activity, not just activity directly related to Forest Service projects or operations

Examples of commercial vehicles that may need a Road Use Permit are logging trucks, tractor-trailer combinations, lowboys, yarders, chip vans, sand, gravel or cement trucks. This list is not all inclusive.

Forms

Questions contact: Paula.friesen@usda.gov

Personal and Commercial Use-Permits & Tags required

$2.00 per cord: $20.00 minimum purchase

Terms/Conditions

1. Naturally dead and down trees of any species or size may be cut for fuelwood in the open cutting areas of the Modoc National Forest. Standing dead (no live branches or green foliage) white fir, incense-cedar, or lodgepole pine may be felled if they are less than thirty inches (30") in diameter at stump height. While naturally dead and down pine trees may be harvested; falling or harvesting of standing live or dead ponderosa pine, western white pine, Jeffrey pine, Washoe pine, sugar pine, or oak species is prohibited.

2. Standing live or dead junipers under thirty inches (30") in diameter at stump height that do not exhibit old juniper characteristics, may be felled and harvested. Standing live or dead juniper over thirty inches (30") in diameter at stump height may not be cut or harvested. Live or dead limbs may not be cut from old juniper whether the juniper is alive or dead.

3. Situational restrictions where fuelwood may not be harvested include:

• a) within 300 feet of any riparian area lake, spring or stream
• b) within areas posted as under timber sale or stewardship contract, or have "no fuelwood cutting" signs
• c) within 100 feet of campgrounds, power lines, State Highways, or administrative sites
• d) areas where trees have been designated for wildlife habitat or otherwise marked with paint.

4. There are specific areas where fuelwood cutting is prohibited. This includes:

• a) South Warner Wilderness Area
• b) Sugarhill Research Area
• c) Devil's Garden Research Natural Area
• d) all current timber sales or other marked project areas

5. Vehicles must remain on the open roads and fuelwood harvest is restricted to within one hundred feet (100') of the roadway in the Medicine Lake Off-Highway Vehicle Management Area and all Inventoried Roadless Areas.

6. All chainsaws must have approved spark arrestors, and the operator must be in possession of a shovel in good condition and with a minimum length of forty-six inches (46"). The shovel shall be located within twenty-five feet (25') of operations while wood cutting. A fire extinguisher (minimum of 14oz. liquid or 1# dry) is highly recommended. Use of tractors, loaders, skidders, yarders, and other similar heavy equipment is prohibited. Piling of debris is not required; however, all roads and ditch lines shall be kept clear of woodcutting debris.

7. The maximum stump height for felled trees shall be twelve inches (12") above ground level on the uphill side. The maximum piece length to be removed from the forest under a fuelwood permit is six feet (6'). Other species or situations not specifically addressed by the permit or this policy are not available to the Permittee without the approval of the Forest Service.

Wood Cutting Enforcement Policy

Your Fuelwood Permit is a contract between you and the U.S. Government. When you sign your permit you agree to abide by all terms of permit. Failure to abide by these terms renders your contract null and void and makes you liable for criminal and civil penalties.

Criminal penalties range from a written warning to a violation notice, which carries a maximum penalty of six months in prison and /or a $5,000 fine. Civil penalties vary from surrender of your permit and tags, to confiscation of wood gathered in violation and may be in addition to criminal penalties assessed by the court.

Not all property lines between public and private lands are posted. It is your responsibility to know where you are cutting. This permit does not authorize cutting on private property.

Permittees shall complete the Product Quantity Removal Record (received with permit tags) in ink prior to transporting the products. The permittee is also required to complete load tags in ink or by punching out the required information before moving between collection sites or leaving the wood cutting area. Again, load tags must be securely attached to the load and clearly visible from the rear of the vehicle.

Click here to get redirected to:

Woodcutting Map

Measuring your Firewood

Non-Commercial for Traditional and Cultural Purposes ONLY-Free Use

Terms/Conditions

• Topping a tree is not permitted
• Stumps must be no greater than 12 inches in height
• No live branches remaining on the stump
• No tree cutting within areas posted prohibited woodcutting. No tree cutting within 200 feet of campgrounds, paved roads, and administrative sites
• Follow all conditions stated on the permit
• When cutting cedar trees for canoes, the maximum diameter limit is 40 inches
• Lava Beds National Monument may take up to specified number of cedar trees with a maximum breast height diameter limit of 40 inches

Personal Use

Permit Required, cutting is designated areas.

$0.25/post or pole; $20.00 minimum purchase (80 posts or poles)

Commercial Use

Special use permit or contract required in designated areas

Terms/Conditions

Naturally dead and down trees of any species may be cut for posts and poles in the open cutting areas of the Modoc National Forest. Standing dead (no live branches or green foliage) white fir, incense-cedar, or lodgepole pine may be felled if they are less than ten inches (10') in diameter at stump height. While naturally dead and down pine trees may be harvested; falling or harvesting of standing live or dead ponderosa pine, western white pine, Jeffery pine, Washoe pine, sugar pine, or oak species is prohibited.

Standing live or dead junipers under ten inches (10') in diameter at stump height that do not exhibit old juniper characteristics, as defined in the permit attachment, may be felled and harvested. Live or dead limbs may not be cut from old juniper whether the juniper is alive or dead.

Situations restrictions where posts and poles may not be harvested include:

1. Within 300 feet of any riparian area (lake, spring, or stream)
2. Within areas posted as under timber sale or stewardship, contract, or have "no fuelwood cutting" signs
3. Within 100 feet of campgrounds, power lines, state highways, or admirative sites
4. Areas where trees have been designated for wildlife habitat or otherwise marked with paint

There are specific areas where post and pole cutting is prohibited. 

1. South Warner Wilderness Area
2. Sugarhill Research Area
3. Devil's Garden Research Natural Area

Vehicles must remain on the open roads and post and pole harvest is restricted to within one hundred feet (100') if the Roadway in the Medicine Lake Off-Highway Vehicle Managment Area and all inventoried Roadless Areas.

Under a post and pole permit the maximum cut diameter is ten inches (10') on the large end of any acceptable cut species (see #1 and #2 above). The maximum stump heigh for felled trees shall be twelve inches (12') above ground on the uphill side. There are no length restrictions for posts and poles. Unless defined by specific conditions or location (example item #7), Permittee may feel green trees for posts and poles from designated, overstocked stands (thinning) of trees of acceptable species. The trees to be felled must occur within ten feet (10') of an existing, green leave tree of the same species that will not be cut. Juniper will not be counted as a leave tree. However, juniper may be cut under post and pole permits without leave tree requirements on an open, undesignated area basis. Caution: Junipers that display old characteristics may not be cut.) Other Species or situations not specifically addressed by the permit or this policy are not available to the permittee without approval of the Forest Service.

Posts and poles may be cut from live or dead lodgepole pines of ten inches (10') diameter or less at stump height that occur within the road prism (ex. 30 feet either side of the road center line) of designated roads in the "Camp 1" area on the Warner Mountain Ranger District. The designated Forest Roads where this post and pole cutting may be done include 38N18, 38N18A, 39N01, and 38N25A.

All chainsaws must have approved spark arrestors and the operator must be in possession of a shovel in good condition and with a minimum tool length of forty-six inches (46"). The shovel shall be located within twenty-five feet (25') of operations while wood cutting. A fire extinguisher (suggested minimum of 14 oz liquid or 1# dry) is highly recommended. Use of tractors, loaders, skidders, yarders, and other similar heavy equipment is prohibited under a USFS post and pole permit. Piling of debris is not required; however, all roads and ditch lines shall be kept clear of woodcutting debris.

Show permit to any Forest Officer or Peace Officer on request. One load tag will be used for each 20 posts or poles or a portion thereof. Prior to fuelwood cutting a call 24-hour number of current restrictions.

This permit allows you to cut a Christmas Tree within designated areas of the National Forest! 

Purchase a Permit

You can now purchase your permit online or in person! This season, we are thrilled to offer you the convenience of visiting the following locations to obtain your permit!

• Modoc National Forest Supervisor’s Office
• Big Valley Ranger District

When the U.S. Forest Service-Modoc National Forest offices are closed you can find the tree permits at the following local vendors:

• Adin Supply Co.
• Davis Creek Mercantile
• Don’s Deli
• Juniper Junction
• Likely General Store
• Modoc Steel
• Page’s Market
• Ross Market
• Westside General

Personal Use

• Permit required in designated areas similar to a timber sale.
• $10.00 per tree
• $10.00 per tag
• Free for non-profit organizations providing a 501 C Form and for fourth graders Every Kid Outdoors program. Permit authorizes for ONE Christmas Tree per household or organization.

Terms/Conditions

1. Permit tag must be signed to be valid
2. Permit tag must be attached to the main stem between the limbs and sealed in such a way that it must be broken to be removed from the tree
3. Permit tag must remain on the tree and be visible at all times while in transit
4. Permit tag shall be in possession when harvesting and must be presented to any Peace or Forest Service Officer
5. Christmas Tree cutting is part of the permit. Permit and map MUST be in possession when cutting Christmas Tree
6. Permit sale is final-No refund
7. Cutting or removing any tree a main stem exceeding 6 inches in a diameter measured at ground level is prohibited
8. Stump heights greater than 12 inches and any live branches remaining on the stump are prohibited
9. Permit is for removal of ONE CHRISTIMAS TREE from the Modoc National Forest lands ONLY on or Before December 25 of year issued
10. The permit is null and void when the permit tag seal is broken
11. The permit is null and void when the permit tag is torn
12. Permittee must be present when tree is cut and removed

Free Permit for 4th Graders Only

Promotional printout for store owners

Personal Use 

• This free-use permit authorizes the collecting of obsidian for personal use only and may not be sold, traded, or bartered (36 CFR 228.57(d)).
• Collecting is allowed at 4 designated locations within Warner Mountain Ranger District
• A valid and signed Certification of Free Use Authorization is required. This authorization is available at the Modoc Supervisor’s Office, Alturas, California.

Terms & Conditions

Under USDA FOREST SERVICE CONTRACT FOR THE SALE OF MINERAL MATERIALS, FS-2800-9 (V. 10/2014), Sec. 1. Contract area, these Conditions of Authorization are attached to and made part of all free use permits for the collection of obsidian from the Warner Mountain District’s designated collecting areas. The permittee understands that this contract provides for the collection of government-owned and managed mineral material. This permit is for the collecting of obsidian under the Materials Act of July 31, as amended, and other applicable laws as stated in 36 CFR 228 Subpart C. This permit and activities hereunder are subject to all applicable Federal statutes and regulations and State and local laws. In case of conflict, Federal statutes and regulations shall take precedence. None of the terms or conditions of this permit may be varied or modified, except for unilateral modifications by the Forest Service and/or BLM. If through monitoring unanticipated impacts occur, or there are changes in laws, regulations, or policy, the FS may be required to modify or add additional conditions to the permit.

This permit allows you to collect obsidian for personal use only. You are not allowed to sell, trade, or barter the obsidian. You can only remove obsidian from specific lands listed in Exhibit B (Middle Fork, Needles, Pink Lady, and Rainbow). The permit is granted to the individual whose signature appears on page 3 of the permit. It's recommended to bring weather-appropriate clothing, leather gloves, closed-toe shoes, a wide-brimmed hat, a heavy bag or bucket, a spray bottle of water, drinking water, snacks, sunscreen, and bug repellent. By using this permit, you agree to follow these conditions:

• Up to (2) 5-gallon buckets or equivalent of obsidian may be collected per permit
• Maximum piece size/weight: 100 lbs. – carried by individual unaided (maximum amount per permit)
• Up to 3 certifications (permits) may be allowed per person per season (June 29- September 2, 2024)
• Permits will not be written more than 72 hours in advance of the day of issue.

THE PERMIT

This permit is automatically revoked when road conditions deteriorate so that ruts greater than 3 inches occur or the area is closed to the public (such as fire-related closures). Authorization is in effect for the day identified on the permit. Permits without an expiration date are invalid. This permit authorizes collecting a total volume of two (2) 5-gallon buckets of obsidian from any of the four (4) designated areas shown on the map in Exhibit B. The permittee must have this permit, including Exhibits A and B, in their possession when collecting or transporting/hauling obsidian.

Exhibit A Permit for Obsidian

Permittees must comply with all other regulations governing the National Forest including closure orders and fire restrictions. The Forest Service reserves the right to unilaterally revoke this permit if the permittee is not in compliance with the terms and conditions or when revocation is in the public’s interest. This includes closure orders. Law enforcement and monitors will check for compliance. This includes validating the volume of obsidian collected.

ARRIVING AT THE SITE

Motorized vehicles are not authorized for use on existing roads unless those areas, such as designated parking areas, are open to the public. The permittee is required to park vehicles in a manner that does not block traffic or impede fire and emergency vehicles. Collecting may not begin until the ½ hour before sunrise and everyone must be off the site by ½ hour after sunset. The permittee may not reserve a working area in advance of the day stated in the permit or hinder access for other collectors.

EXPIRATION OF THE PERMIT

The permit expires ½ hours after sunset of the termination date stated in the permit regardless of the maximum volume of two (2) 5-gallon buckets of obsidian collected. The permit expires when the maximum quantity of obsidian is collected regardless of the time of day.

COLLECTING OBSIDIAN

Only manual methods are authorized for collecting obsidian: hand tools such as picks, shovels, trowels, pry bars, or screwdrivers may be used for excavation. Use of water for hydraulic digging is prohibited, as are cranes or other vehicle-mounted devices. It is also prohibited to use chemicals, including surfactants (such as dish soap). A spray bottle of water is okay and will be identifying good material. It is prohibited to dig into tree root systems or cut standing live or dead trees. These activities can result in a citation being issued. The trees do not make it easier to dig nor do they create the colors of obsidian itself. Overburden must be removed and replaced safely. The creation of overhanging banks, tunnels, or arches is prohibited and can result in the closure of the collecting area. Excavations are restricted to the active area identified on the maps in Exhibit B and within the boundary signs. Only one hole can be dug at a time and must be backfilled before starting a new hole or leaving the site. Processing (knapping) of obsidian is prohibited on the National Forest. Please remember obsidian is also called volcanic glass and will break in the same manner as manufactured glass.

LEAVING THE SITE

The permittee is required to backfill all of their excavations before leaving the site.

Exhibit A Permit for Obsidian All personal property must be removed from the National Forest before leaving the site and/or before the permit expires ½ hour after sunset, whichever comes first. This includes any garbage.

Other – To be a considerate and safe visitor to these sites: Human waste must be buried at least 6 inches in soil a minimum of 250 feet outside the boundary of the permit area and a minimum of 200 feet from any water source. Camping and fires are not allowed in or around the collecting areas. Dogs must always be kept on leashes and under control, not running freely while on the National Forest. Not everyone, including children, is comfortable around dogs, no matter how goofy or friendly. Cleaning up after your dog is mandatory at the collecting sites. Bringing any pet on the sites could result in injuries to them.

Please remember… PACK IT IN AND PACK IT OUT The continuation of the availability of free-use permits to collect obsidian at the designated sites is dependent on users complying with all regulations and conditions.

Operating Plan Acceptance By signing the permit, I acknowledge that I have reviewed and agreed to comply with all conditions in the permit, Exhibit A, and Exhibit B. I understand that failure to comply with these conditions can result in citation and denial of future permits.​

Background

Obsidian is dense volcanic glass typically black in color. Compared with window glass, obsidian is rich in iron and magnesium. It often forms in rhyolite lava flows where the lava cools so fast crystals do not have time to grow. Glass, unlike crystal, has no regular molecular structure and fractures in smooth conchoidal (curved) shapes. When broken the edges can be 1/100,000,000 centimeter thick, sharper than a razor blade. Historically, obsidian was used by many native cultures to make arrowheads  and tools. Today surgeons sometimes use obsidian scalpels instead of steel to reduce tissue damage.

What colors variations are found at Modoc NF?

Microscopic minerals in obsidian cause a variation of color. The different colors depend on the oxidation state of elements in the minerals. Black color results chiefly from Magnetite (Fe304). Sometimes the Magnetite will occur in thin layers which results in shimmer with intense color. Highly oxidized obsidian may contain the mineral hematite given the obsidian a reddish hue (mahogany). Other oxidation states of iron impart a slight greenish hue. Obsidian deposits in the Warner Mountains have an iridescence that is formed by the mineral pyroxene. 

The iridescent colors can be found at all 4 sites. Middle Fork Davis Creek and the Rainbow site are known for multiple colors. Pink The colors of obsidian range from jet black, to grey, to pink. Rainbow obsidian, found at the Rainbow mine and Middle Fork Davis Creek is sought after for its colorful sheen. Pink obsidian from Pink Lady and the bundles of obsidian needles from the Needles Mine are most popular.

Map of Collection Sites

Map of Collection Sites

Collection Sites Detailed Directions

General condition of roads accessing the obsidian mines 

All roads accessing the obsidian mines are gravel or native surface roads. Four-wheel drive is not necessary to get to the mines, but it can be handy on some steeper slopes. Vehicles should have enough clearance to navigate some rocky areas – clearance on a standard pick-up or SUV is sufficient. Native surface roads often have protruding rock that make it wise for you to know your vehicle clearance and negotiate areas slowly enough that both you and your vehicle get to the obsidian mines in good shape. Access to each mine is described below.

Rainbow Mine 

Forest Road 46N30, called the “30 road,” is a maintained gravel surface road. All standard passenger vehicles can use this road pretty comfortably. As with all “dirt” roads, there are some areas of wash-boarding (ridges across the road). The mine is located in beautiful pine plantations, the trees being planted in the early 1900’s following a forest fire. The Rainbow Mine is just up the hill from the Lassen Creek Campground where drinking water and restrooms are available. Elk have been seen often in the Fandango Valley/Lassen Creek area so remember to look up from your rock collecting every once in awhile. Rainbow, black and some mahogany (brown) are the obsidian colors commonly found at this mine.

Obsidian Needles

The first leg of the road to this mine is gravel; however, after the first 3 miles or so there is often some rutting from traffic during wet weather, some wash-boarding and also areas where rock protrudes. The final few miles have areas that are quite rocky and it’s recommended that those sections be navigated more slowly. High clearance vehicles such as pick-ups and SUVs are recommended. The mine is located in a pine and fir forested area. There are no facilities at the mine and with a southwesterly aspect it is highly recommended that Forest visitors come supplied with drinking water, snacks, and be prepared to pack out what you pack in. The needles mine is best known for its “needles” that are naturally occurring needle-like pieces of the volcanic glass. Needles can vary in length from an inch or 2 to as long as a foot or more. Diameters of the needles also vary from 10’s of an inch to an inch or more. The longer thinner needles have been desired for wind chimes because of their pleasant sound while the smaller needles have been used for jewelry. Whether you want to make anything of it or not, the obsidian needles are very interesting. This deposit, to the best of our knowledge, is one of very few – perhaps only 2 or 3 – locations in the world where volcanic glass has fractured in this manner to produce the needles as you find them. This mine also produces very pretty obsidian rocks varying in color from black to mahogany, translucent to variegated coloration and highlights.

Pink Lady

This mine can be accessed from the west by continuing up the road from the obsidian needle mine, from the north and connecting into the same road system, or from the north by following the “30 road” along Lassen Creek and up onto the ridgeline. However, you choose to explore, high clearance vehicles are again recommended. You will also encounter some moderately steep slopes with loose rock on the roadway that can decrease your traction. Four-wheel drive is not essential but can be a help on these steeper sections. This mine is at a higher elevation, about 7,000 feet, in lodgepole and pine forests. It receives the least use of any of the 4 designated mines and has no nearby facilities. Bring water, food, and prepare to pack out what you pack in. Pink Lady is aptly named as the obsidian located in this designated quarry is pink and varies from light lavender to rose.

Middle Fork Mine

This mine is accessed by gravel surface for the first leg, but once you make the right turn shown on the map, you will encounter protruding rock and rough road. The mine itself is located off the road on an unimproved native surface track. The mine is a short walk from the main road – less than 1/4 mine – but 4-wheel drive is required to drive in on the unimproved road. The mine is surrounded by mostly white fir forest and open brush/grass areas. The closest restrooms are located at Plum Valley Campground, which is located a few miles up Forest Road 45N35 shown on the map, and is tucked into a very quiet, secluded forest area. If you plan to hunt for rock here, bring water, snacks and pack out what you pack in. Middle Fork obsidian ranges in color from rainbow to black and mahogany.

Commercial Use 

Permit Required, Permits are avaliable on all Districts

Permit- $2.50 per gallon/ $20.00 minium purchase

Permits Writen based on combination harvest period and volume limits: (3 options)

1. $20.00 permit: 4 day expiration/ 8 gallon limit
2. $50.00 permit: 30 day expirations/ 20 gallon limit
3. $100.00 permit: season long(Sept.1 to Nov. 30)/40 gallon limit

Terms/Condtions

1. It is illegal to harvest, transport or have in possession mushrooms with cap diameter smaller than 1 1/2. (one and one half inches)
2. No raking or scraping of ground surface or disturbance of the mushroom parent material allowed when harvesting mushrooms
3. Tools for harvesting will not exceed 1" (one inch) wide and 18 " (eighteen inches) long.
4. Accompaying information synopsis, maps and general condtions may be attached to and contained therein are part of this permit.
5. Each harvester must have proof of photo identfication along with a valid permit in their possesion to harvest, transport, or sell mushrooms
6. Permitte shall present permit upon request of any Forest Officer or Peace Officer.

Camping associated with and during mushroom harvesting activities is ONLY allowed under the following condtions

1. No camping in FS developed campgrounds;
2. No cutting of vegetation, live or dead to construct shelters or shelter frames, benches, bed, or tables;
3. Human waste will be buried at least 6" (six inches) deep or if not possible to buried, then covered with 6" (six inches) of soil;
4. Food, garabage, and trash will be stored such that it is inaccesible to wildlife or domestic animals and will be removed completley from the national forest(no burining)
5. Permits are not transferable and not subject to extensions of time and only entitle Permitte to harvest mushrooms during the time outlined on permit.

Personal Use

Incidental, free use, no permit required

Limit: 5 gallons/person/day

Commercial Use

Permit Required, Permits are available at all offices

Permit $2.50 per gallon with $20.00 minimum purchase (8 gallons)

Terms/Conditions

1. It is illegal to harvest, transport or have in possession mushrooms with cap diameter smaller than 1 1/2. (one- and one-half inches)
2. No raking or scraping of ground surface or disturbance of the mushroom parent material allowed when harvesting mushrooms
3. Tools for harvesting will not exceed 1" (one inch) wide and 18 " (eighteen inches) long.
4. Accompanying information synopsis, maps and general conditions may be attached to and contained therein are part of this permit.
5. Each harvester must have proof of photo identification along with a valid permit in their possession to harvest, transport, or sell mushrooms
6. Permittee shall present permit upon request of any Forest Officer or Peace Officer.

Permits are not transferable, not subject to extensions of time and only entitle Permittee to harvest mushrooms during the season of purchase

Personal use

Limited to 20 pounds/person/day, no permit required

Commercial use

Permit required when quantity is over 20 pounds/ person/ day or product is to be sold. Commercial use permits are available on all Districts, Talk to District Ranger on a case-by-case basis for special areas or needs

Terms/Conditions

• Commercial cedar and juniper bough permits for the west zone of the Modoc NF will be issued from the Big Valley or Doublehead District Offices and east zone permits from the Devil's Garden or Warner Mountain District Offices.
• Permit holders will check in daily during regular business hours with the appropriate District Office to inform staff where they will be working that day
• Permits will only be valid for a two-week period and the permittee must be present on site during cutting and loading operations
• There will be only one active permit issued per person or crew at a time
• Permits will be issued for a maximum of 3,000 pounds per permit (see min. above)
• There are four physical tags per tag number which shall be filled out, attached and distributed throughout the permittees load at the rate of one tag per each 25% of the amount represented per tag number.
• Permittee must provide for load accountability. The date and amount of boughs removed from the sale area must be recorded in on the forest products permit accountability section prior to leaving the cutting area
• Permits will be issued for a maximum collection area of 1,280 acres (two square miles) at a time
• Only one commercial permit will be issued annually in a given area
• Do not harvest from any trees within 50 feet of a road.
• Maximum harvest from one incense cedar tree: cut only from the lower 1/3 of the crown may be removed and not over 9 feet from the ground. No more than 20% of the lower 1/3 of the crown may be removed.
• The climbing of the trees is prohibited
• Boughs shall only be cut with a hand pruning saw or clipper. Chainsaw or power tool use is prohibited
• Boughs may not be longer than 18 inches
• All cut material greater than 1 inch in diameter must be removed from site
• Certified weight slips are required to be returned or mailed to the ranger district office weekly showing the total pounds of boughs removed from the sale area
• Cut only from tree that have not been cut before.

Personal Use

20 gallons/person/day, no permit required

Commercial Permits

Juniper berries only, may talk to District Ranger on case-by-case basis for special areas or needs

$0.45 per pound

Terms/Conditions

• Show permit to any forest or peace officer on request
• No berry collecting will be allowed during closures due to resource protection

Personal Use

Maximum of 5% of any localized population and total collection of 20 individuals; no permit required

Commercial Use

No permit avaliable. Talk to District Ranger on a case-by-case basis for special use or needs

Terms/Conditions

• Removal of tree seedling and other botanicals
• No Federally listed threatened or endangered species shall be collected; neither shall Forest Service Region 5 sensitive species be collected
• No removal from Wilderness Areas or riparian(stream)zones.
• Specimens collected will not be offered for sale to other individuals or organizations or used to make products that are sold

Personal Use

No permit required; limit of 2 bushels (16 gallons) per day and 6 bushels (48 gallons) per year

Commercial Use

Permit required. The Modoc NF is currently not offering Commercial Use of pinecone or Douglas-fir or cedar cone collection

$0.25 per bushel

Terms/Conditions

• Do not fall standing trees
• Do not cut branches of green trees
• Gather only dry cones on the ground
• Road use is prohibited when wet enough to cause ruts more than 1' deep
• No driving off forest developed roads
• Topping of trees is not allowed
• No cutting of any boughs from trees within 100 feet of the outer edge of any dirt road, street, highway, or areas posted to prohibit tree cutting
• Chainsaw use is not permitted. Falling of trees is not allowed
• No camping allowed Forest Service developed campgrounds
• Permittee shall present permit upon request of a Forest Officer or Peace Officer
• Preferably select trees from areas which are densely stocked
• Permittee is required to call 25-hour number of current restrictions
• Boughs shall be cut with a hand pruning saw or clippers so that cutting and vegetation removal is not visually evident. Do not cut more than 40% of the crown area tree