New US Forest Service Rule Could Boost Affordable Housing on Federal Lands

Colorado mountain leaders believe a new U.S. Forest Service rule could benefit efforts to build affordable housing on federal lands.

Dec. 2 was announced by the Forest Service near the end of last month as the effective date for the finalized regulations governing its administrative site leasing program.

Originating from the 2018 Farm Bill, the program permits agencies to trade or lease underutilized administrative properties—such as office spaces, storage facilities, and ranger stations—to private partners or local governments and other third parties. Local governments in Steamboat Springs and Summit County have attempted to move forward with affordable housing projects on Forest Service land in recent years, and both have expressed support for the rule change.

Federal ownership accounts for the vast majority of land in Colorado’s High Country. The Forest Service holds roughly 85% of all land within Summit County, while Routt County is about 50% Forest Service property. Efforts by local governments in both regions to collaborate with the Forest Service on constructing affordable housing on administrative sites have previously faced difficulties getting started.

“This is a good thing,” said Scott Fitzwilliams, who retired last year after 15 years as the supervisor of the White River National Forest.

“It should provide flexibility for both the Forest Service and any partners that are involved that need to get financing or things like that. I’m happy to see it,” said Fitzwilliams.

According to Fitzwilliams, the updated rule helps create “opportunities to work with public-private partnerships to solve really critical problems in these communities.” Because the Forest Service lacks the financial resources required to construct and upkeep its own housing, he said that collaboration through partnerships is essential.

Nonetheless, public feedback on the regulatory update has sparked worries that the modifications might diminish public participation and potentially facilitate the sale of Forest Service property to private organizations. While anticipating positive outcomes for mountain communities, Fitzwilliams emphasized the importance of closely monitoring how the administration applies the new regulation.

The trump administration s strategy for affordable housing on federal land

The Forest Service has denied that the change could be used to sell off public lands. In response to one public comment, the Forest Service wrote that, “the rule does not authorize land sales, change existing land-disposal authority or exempt administrative leasing projects from the National Historic Preservation Act, Archeological Resources Protection Act, National Environmental Policy Act, public notice, local-government consultation or other applicable statutory requirements.”

“By removing outdated regulatory barriers, we can manage the Administrative Site Leasing Program more efficiently, reduce unnecessary burdens and make better use of existing authorities,” Forest Service Chief Tom Schultz said in a statement.

“This is also an important step toward making eligible administrative sites available for potential housing developments for employees and community members,” said Tom Schultz.