Proposed Rule2026-08937
Administrative Site Leases
Primary source
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Published
May 6, 2026
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The United States Department of Agriculture (Department), Forest Service (Forest Service or Agency), is proposing to amend its land use regulations to exempt administrative site leases from the regulations for special uses. The purpose of this deregulatory action is to better align Forest Service leasing activities with private real estate market practices.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Proposed Rules]
[Pages 24494-24497]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08937]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 251
RIN 0596-AD68
Administrative Site Leases
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Proposed rule; request for public comment.
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SUMMARY: The United States Department of Agriculture (Department),
Forest Service (Forest Service or Agency), is proposing to amend its
land use regulations to exempt administrative site leases from the
regulations for special uses. The purpose of this deregulatory action
is to better align Forest Service leasing activities with private real
estate market practices.
DATES: Comments must be received in writing by June 5, 2026.
[[Page 24495]]
ADDRESSES: Please submit comments via the Federal eRulemaking Portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the search box, enter 0596-AD68, which
is the RIN for this proposed rulemaking. Then, in the search panel on
the left side of the screen, under the Document Type heading, click on
the ``Notice'' link to locate this document. You may submit a comment
by clicking on the ``Comment'' button.
We request that you send comments only by the method described
above. Comments should be confined to issues pertinent to the proposed
rule, should explain the reasons for any recommended changes, and
should reference the specific section and wording being addressed where
possible. All timely comments, including names and addresses when
provided, will be placed in the record and will be available for public
inspection and copying. Comments may be viewed on the Federal
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the search box,
enter 0596-AD68 and click the ``Search'' button. Note that personal
information provided, such as name, phone number, and mailing address,
will be included in the record.
FOR FURTHER INFORMATION CONTACT: Matthew Fountain, Sales and Leasing
Program Manager, 202-205-1464 or <a href="/cdn-cgi/l/email-protection#b3ded2c7c7dbd6c49dd5dcc6ddc7d2dadd82f3c6c0d7d29dd4dcc5"><span class="__cf_email__" data-cfemail="127f7366667a77653c747d677c66737b7c2352676176733c757d64">[email protected]</span></a>.
Individuals who are deaf, hard of hearing, or have a speech disability
may call 711 to reach the Telecommunications Relay Service, then
provide the phone number of the person named as a point of contact for
further information.
SUPPLEMENTARY INFORMATION: Administrative sites are land or property
controlled by the Forest Service used for administrative purposes. The
2018 Farm Bill provides that the Secretary of Agriculture may lease an
administrative site that is under the Secretary's jurisdiction under
Public Law 115-334 Sec. 8623. The Forest Service Facility Realignment
and Enhancement Act of 2005 (FSFREA), Public Law 109-54, also provides
that the Forest Service may dispose of administrative sites by sale,
lease, exchange, and other methods. The Administrative Site Leasing
Program, which includes leasing administrative sites under both the
Farm Bill and FSFREA authorities, was initially classified as a special
use authorization. This classification prevents the Agency from issuing
leases that function as they are commonly legally defined, and the
terms of the existing special use framework can discourage private-
sector investment. For example, the standard lease form, due to special
use authorization regulatory requirements, constrains use of the
leasehold interest as collateral for loans, limits assignment and
transfer of the lease, and provides for unilateral termination of the
authorization by the Forest Service. These requirements limit financing
options and negatively impact the marketability of leasing projects.
Reclassifying the Administrative Site Leasing Program as a non-
special use activity will remove regulatory constraints incompatible
with modern real estate leasing practices and reflect the unique
statutory basis and long-term real property nature of these leases.
Without this regulatory change, private developers will continue to
face challenges in obtaining the financing needed to pursue affordable
housing and other projects under this program.
These regulations are intended to provide a consistent framework
for leases under both FSFREA and the 2018 Farm Bill. Where differences
in statutory authority apply, such as with limitations on lease terms
or revenue retention, implementing direction will clarify applicable
requirements. Existing special use authorizations for administrative
site leasing may remain in effect under their original terms or, at the
authorized officer's discretion, be converted to the new lease
structure upon mutual agreement with the lessee.
This rule proposes to remove Administrative Site Leasing Program
authorities from 36 CFR 251 subpart B. This amendment moves
administrative site leasing activities out of the regulations for
special uses. This change is expected to increase flexibility in how
leasing projects are administered by separating incompatible processes
that are unnecessary, irrelevant, or do not add value, while retaining
processes necessary for legal sufficiency and public accountability.
Additional programmatic guidance on administrative site leases can be
found in Forest Service Manual 2750.
Regulatory Certifications
Regulatory Planning and Review
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
OIRA has determined that this proposed rule is not significant as
defined by E.O. 12866. E.O. 13563 reaffirms the principles of E.O.
12866 while calling for improvements in the Nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The Department has developed the proposed rule consistent with
E.O. 13563.
Congressional Review Act
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), OIRA has designated this proposed rule as not a major
rule as defined by 5 U.S.C. 804(2).
National Environmental Policy Act
The proposed rule is purely administrative in nature and would
better align the Administrative Site Leasing Program's practices with
private-sector leasing practices, thereby increasing the viability of
leasing-related investments (for example, collateralization and
assignability). Departmental regulations at 7 CFR 1b.4(c)(20) exclude
from documentation in an environmental assessment or environmental
impact statement ``rules, regulations, or policies to establish
servicewide administrative procedures, program processes, or
instructions.'' The Department's preliminary assessment is that this
proposed rule falls within this category of actions and that no
extraordinary circumstances exist that would require preparation of an
environmental assessment or environmental impact statement. A final
determination will be made upon adoption of the final rule.
Regulatory Flexibility Act
The Department has considered this proposed rule under the
Regulatory Flexibility Act (5 U.S.C. 602 et. seq.). This proposed rule
would not have any direct effect on small entities as defined by the
Regulatory Flexibility Act. This proposed rule would not impose any
additional recordkeeping requirements on small entities, would not
affect their competitive position in relation to large entities, and
would not affect their cash flow, liquidity, or ability to remain in
the market. Therefore, the Department has determined that this proposed
rule would not have a significant economic impact on a substantial
number of small entities pursuant to the Regulatory Flexibility Act.
Federalism
The Department has considered this proposed rule under the
requirements of E.O. 13132, Federalism. The Department has determined
that the proposed rule conforms to the federalism principles set out in
this E.O., would not impose
[[Page 24496]]
any compliance costs on the States; and would not have substantial
direct effects on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
Department has concluded that this proposed rule would not have
federalism implications.
Consultation and Coordination With Indian Tribal Governments
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, requires Federal agencies to consult and coordinate with
Tribes on a government-to-government basis on policies that have Tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. This proposed rule is purely
administrative in nature and would better align the Administrative Site
Leasing Program practices with leasing practices in the private sector,
thereby increasing viability of leasing associated investments. The
Department has reviewed this proposed rule in accordance with the
requirements of E.O. 13175 and has determined that this proposed rule
would not have substantial direct effects on Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Therefore, consultation and coordination
with Indian Tribal governments is not required for this proposed rule.
Family Policymaking Assessment
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for a rule that may affect family well-
being. The proposed rule would have no impact on the autonomy or
integrity of the family as an institution. Accordingly, the Department
has concluded that it is not necessary to prepare a Family Policymaking
Assessment for the proposed rule.
Takings Implications
The Department has analyzed the proposed rule in accordance with
the principles and criteria in E.O. 12630, Governmental Actions and
Interference with Constitutionally Protect Property Rights. The
Department has determined that the proposed rule would not pose the
risk of a taking of private property.
Energy Effects
The Department has reviewed the proposed rule under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Department has determined that the proposed
rule would not constitute a significant energy action as defined in
E.O. 13211.
Civil Justice Reform
The Department has analyzed the proposed rule in accordance with
the principles and criteria in E.O. 12988, Civil Justice Reform. Upon
publication of the proposed rule, (1) all State and local laws and
regulations that conflict with the proposed rule or that impede its
full implementation would be preempted; (2) no retroactive effect would
be given to this proposed rule; and (3) it would not require
administrative proceedings before parties may file suit in court
challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), the Department has assessed the effects of the
proposed rule on State, local, and Tribal governments and the private
sector. The proposed rule would not compel the expenditure of $100
million or more, adjusted annually for inflation, in any one year by
State, local, and Tribal governments in the aggregate or by the private
sector. Therefore, a statement under section 202 of the Act is not
required.
Paperwork Reduction Act
The proposed rule does not contain any recordkeeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320 that are not already required by law or not already
approved for use. However, if implementation of this rule results in
changes to current Forest Service forms or collections previously
approved under the special uses Information Collection Request (ICR), a
revised ICR may be submitted prior to the effective date of the final
rule.
List of Subjects in 36 CFR Part 251
Land uses, National forests.
Therefore, for the reasons set forth in the preamble, the Forest
Service proposes to amend chapter II of title 36 of the Code of Federal
Regulations as follows:
PART 251--LAND USES
Subpart B--Special Uses
0
1. The authority citation for part 251, subpart B, continues to read
as follows:
Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 497b, 497c, 551,
580d, 1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1772.
0
2. Amend Sec. 251.50 (a) to read as follows:
Sec. 251.50 Scope.
(a) All uses of National Forest System lands, improvements, and
resources, except those authorized by the regulations governing sharing
use of roads (section 212.9); grazing and livestock use (part 222); the
sale and disposal of timber and special forest products, such as
greens, mushrooms, and medicinal plants (part 223); minerals (part
228); and administrative site leases (Pub. L. 115-334 Sec. 8623 and
Pub. L. 109-54) are designated ``special uses.'' Before conducting a
special use, individuals or entities must submit a proposal to the
authorized officer and must obtain a special use authorization from the
authorized officer, unless that requirement is waived by paragraph (c)
through (e)(3) of this section.
* * * * *
0
3. Amend Sec. 251.51 by revising the definitions of lease and special
use authorization to read as follows:
Sec. 251.51 Definitions.
* * * * *
Lease - A type of special use authorization (usually granted for
uses other than linear rights-of-way) that is used when substantial
capital investment is required and when conveyance of a conditional and
transferable interest in National Forest System lands is necessary or
desirable to serve or facilitate authorized long-term uses, and that
may be revocable and compensable according to its terms. This
definition does not apply to administrative site leases covered under
Public Law 115-334 Sec. 8623 and Public Law 109-54.
* * * * *
Special use authorization--A written permit, term permit, lease, or
easement that authorizes use or occupancy of National Forest System
lands and specifies the terms and conditions under which the use or
occupancy may occur. This definition does not apply to administrative
site leases covered under
[[Page 24497]]
Public Law 115-334 Sec. 8623 and Public Law 109-54.
* * * * *
Michael K. Boren,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2026-08937 Filed 5-5-26; 8:45 am]
BILLING CODE 3411-15-P
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