6/5/26 Deadline for comments to Forest Service on rules governing administrative site leasing

6/5/26 is the deadline for comment on rules governing administrative site leasing by  Forest Service

The U.S. Forest Service has proposed a new rule regarding “Administrative Site Leases” (RIN 0503-AA39), published on May 6, 2026, with a public comment period closing on June 5, 2026.

Quote from FS:

Federal register –

https://www.federalregister.gov/documents/2026/05/06/2026-08937/administrative-site-leases

Quote: “Please submit comments via the Federal eRulemaking Portal at https://www.regulations.gov. 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.”…

…Comments may be viewed on the Federal eRulemaking Portal at https://www.regulations.gov. 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.”

OTHER QUOTES

“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.”

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