36 CFR Part 251 Subpart A

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Pt. 251

36 CFR Ch. II (7–1–08 Edition)

(A) The daily harvest and possession
limit is six male crabs per person; only
crabs with a shell width of 61⁄2 inches or
greater may be taken or possessed;
(B) All crab pots used for subsistence
fishing and left in saltwater unattended longer than a 2-week period
must have all bait and bait containers
removed and all doors secured fully
open;
(C) You may take crabs only from
June 1 through January 31.
(iv) The daily harvest and possession
limit is 12 male Tanner crabs per person; only crabs with a shell width of 51⁄2
inches or greater may be taken or possessed.
(6) Bering Sea Area. (i) In that portion
of the area north of the latitude of
Cape Newenham, shellfish may only be
taken by shovel, jigging gear, pots, and
ring net.
(ii) The operator of a commercially
licensed and registered shrimp fishing
vessel must obtain a subsistence fishing permit from the ADF&G prior to
subsistence shrimp fishing during a
closed commercial shrimp fishing season or within a closed commercial
shrimp fishing district, section, or subsection; the permit must specify the
area and the date the vessel operator
intends to fish; no more than 500
pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(iii) In waters south of 60° North latitude, the daily harvest and possession
limit is 12 male Dungeness crabs per
person.
(iv) In the subsistence taking of king
crab:
(A) In waters south of 60° North latitude, the daily harvest and possession
limit is six male crabs per person;
(B) All crab pots used for subsistence
fishing and left in saltwater unattended longer than a 2-week period
must have all bait and bait containers
removed and all doors secured fully
open;
(C) In waters south of 60° North latitude, you may take crab only from
June 1 through January 31;
(D) In the Norton Sound Section of
the Northern District, you must have a
subsistence permit.

(v) In waters south of 60° North latitude, the daily harvest and possession
limit is 12 male Tanner crabs.
[73 FR 13778, Mar. 14, 2008]
EFFECTIVE DATE NOTE: At 73 FR 13778, Mar.
14, 2008, § 242.28 was revised, effective Apr. 1,
2008 through Mar. 31, 2009.

PART 251—LAND USES
Subpart A—Miscellaneous Land Uses
NATURAL RESOURCES CONTROL
Sec.
251.9 Management of municipal watersheds.
251.10 Prohibition of location of mining
claims within certain areas in the
Norbeck Wildlife Preserve, South Dakota.
251.11 Governing mining locations under the
mining laws of the United States within
that portion of the Black Hills National
Forest, State of South Dakota, designated as the Norbeck Wildlife Preserve.
251.14 Conditions, rules, and regulations to
govern exercise of timber rights reserved
in conveyance to the United States.
251.15 Conditions, rules, and regulations to
govern exercise of mineral rights reserved in conveyances to the United
States.
RIGHTS OF GRANTORS
251.17 Grantor’s right to occupy and use
lands conveyed to the United States.
251.18 Rights-of-way reserved by the grantor on lands conveyed to the United
States.
251.19 Exercise of water rights reserved by
the grantor of lands conveyed to the
United States.
DESIGNATION OF AREAS
251.23 Experimental areas and research natural areas.
PETERSBURG WATERSHED
251.35

Petersburg watershed.

Subpart B—Special Uses
251.50 Scope.
251.51 Definitions.
251.52 Delegation of authority.
251.53 Authorities.
251.54 Proposal and application requirements and procedures.
251.55 Nature of interest.
251.56 Terms and conditions.
251.57 Rental fees.
251.58 Cost recovery.
251.59 Transfer of authorized improvements.
251.60 Termination, revocation, and suspension.

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Forest Service, USDA
251.61
251.62
251.63
251.64
251.65

§ 251.9

Modifications.
Acceptance.
Reciprocity.
Renewals.
Information collection requirements.

NATURAL RESOURCES CONTROL
§ 251.9 Management of Municipal Watersheds.

Subpart C—Appeal of Decisions Relating
to Occupancy and Use of National
Forest System Lands
251.80 Purpose and scope.
251.81 Definitions and terminology.
251.82 Appealable decisions.
251.83 Decisions not appealable.
251.84 Obtaining notice.
251.85 Election of appeal process.
251.86 Parties.
251.87 Levels of appeal.
251.88 Filing procedures.
251.89 Time extensions.
251.90 Content of notice of appeal.
251.91 Stays.
251.92 Dismissal.
251.93 Resolution of issues.
251.94 Responsive statement.
251.95 Authority of Reviewing Officer.
251.96 Intervention.
251.97 Oral presentation.
251.98 Appeal record.
251.99 Appeal decision.
251.100 Discretionary review.
251.101 Policy in event of judicial proceedings.
251.102 Applicability and effective date.

Subpart D—Access to Non-Federal Lands
251.110
251.111
251.112
251.113
251.114

Scope and application.
Definitions.
Application requirements.
Instrument of authorization.
Criteria, terms, and conditions.

Subpart E—Revenue-Producing Visitor
Services in Alaska
251.120 Applicability and scope.
251.121 Definitions.
251.122 Historical operator special use authorizations.
251.123 Most directly affected Native Corporation determination.
251.124 Preferred operator competitive special use authorization procedures.
251.125 Preferred operator privileges and
limitations.
251.126 Appeals.
AUTHORITY: 16 U.S.C. 472, 479b, 551, 1134,
3210, 6201–13; 30 U.S.C. 1740, 1761–1771.

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Subpart A—Miscellaneous Land
Uses
AUTHORITY: 7 U.S.C. 1011; 16 U.S.C. 518, 551,
678a; Pub. L. 76–867, 54 Stat. 1197.

(a) The Forest Service shall manage
National Forest watersheds that supply municipal water under multiple use
prescriptions in forest plans (36 CFR
part 219). When a municipality desires
protective actions or restrictions of use
not specified in the forest plan, within
agreements, and/or special use authorizations, the municipality must apply
to the Forest Service for consideration
of these needs.
(b) When deemed appropriate by the
Regional Forester, requested restrictions and/or requirements shall be incorporated in the forest plan without
written agreements. Written agreements with municipalities to assure
protection of water supplies are appropriate when requested by the municipality and deemed necessary by the Regional Forester. A special use authorization may be needed to effect these
agreements.
(c) In preparing any municipal watershed agreement for approval by the Regional Forester or issuing special use
authorization to protect municipal
water supplies, the authorized forest
officer shall specify the types of uses, if
any, to be restricted; the nature and
extent of any restrictions; any special
land management protective measures
and/or any necessary standards and
guidelines needed to protect water
quality or quantity; and any resources
that are to be provided by the municipality.
(d) A special use authorization (36
CFR 251.54) is required if the municipality is to use the subject lands, restrict public access, or control resource
uses within the watershed. Special use
authorizations issued pursuant to this
section are subject to the same fee
waivers, conditions, and procedures applicable to all other special uses as set
forth in subpart B of this part.
(e) Any municipal watershed management agreements, special use authorizations, requirements, and/or restrictions shall be consistent with forest
plans, or amendments and revisions
thereto.
[53 FR 27685, July 22, 1988]

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§ 251.10

36 CFR Ch. II (7–1–08 Edition)

§ 251.10 Prohibition of location of mining claims within certain areas in
the Norbeck Wildlife Preserve,
South Dakota.
The location of mining claims in
such areas within 660 feet of any Federal, State or county road and within
such other areas where the location of
mining claims would not be in the public interest, as may be designated by
the Chief, Forest Service, or the Regional Forester, of Forest Service Region 2, is hereby prohibited. The Director, Bureau of Land Management, Department of the Interior, shall be advised of the areas so designated and notices of the boundaries of such areas
posted at conspicuous places in the
Preserve, as well as at the county
courthouses in Pennington in the cities
of Custer and Rapid City, and Custer
Counties and the post offices State of
South Dakota.
[13 FR 3676, July 1, 1948, as amended at 48 FR
31854, July 12, 1983]

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§ 251.11 Governing mining locations
under the mining laws of the
United States within that portion of
the Black Hills National Forest,
State of South Dakota, designated
as the Norbeck Wildlife Preserve.
(a) Whoever locates a mining claim
within the Norbeck Wildlife Preserve
must, within 10 days after posting the
location notice upon such claim, file a
true copy of such location notice with
the Forest Supervisor of the Black
Hills National Forest at Custer, South
Dakota, and further, within 10 days
after said location notice is filed for
record pursuant to the State laws of
South Dakota, a true copy of the recorded location certificate must be
filed with said Forest Supervisor.
(b) All mining locators shall in all
developments and operations make all
reasonable provisions for the disposal
of tailings, dumpage, and other deleterious materials or substances in such
manner as to prevent obstruction, pollution, or deterioration of the land,
streams, ponds, lakes, or springs, as
may be directed by the Forest Supervisor.
(c) All slash resulting from cutting or
destruction of forest growth incident
and necessary to mining operations

must be disposed of as directed by the
Forest Supervisor.
(d) The cutting and removal of timber, except where clearing is necessary
in connection with mining operations
or to provide space for buildings or
structures used in connection with
mining operations, shall be conducted
in accordance with the marking rules
and timber sale practices applicable to
the Black Hills National Forest, and
such cutting and removal of timber
shall be as directed by the Forest Supervisor.
(e) No use of the surface of a mining
claim or the resources therefrom not
reasonably required for carrying on
mining and prospecting shall be allowed, except under the National Forest rules and regulations, nor shall the
locator prevent or obstruct other occupancy of the surface or use of surface
resources under authority of National
Forest Regulations, or permits issued
thereunder, if such occupancy or use is
not in conflict with mineral developments.
(f) When any road is to be built for
mining purposes upon a mining claim,
the locator must apply to the Forest
Supervisor for the applicable rules and
regulations governing the construction
and maintenance of roads within the
Black Hills National Forest, and such
road will be built in accordance with
such specifications and in such locations as the Forest Supervisor may direct.
(g) In conducting mining operations
the locator, his agents, representatives, or employees, or other persons
whose presence in the area or in the vicinity thereof, is occasioned by such
mining operations, shall use due diligence in the prevention and suppression of fires, and shall, when requested
by the Forest Supervisor, or his authorized representative, be available
for service in the extinguishment and
suppression of all fires occurring within the Preserve: Provided, That if such
fire does not originate through any
negligence on the part of the locator,
his agents, representatives, or employees, or other persons whose presence in
the area or in the vicinity thereof, is
occasioned by such mining operations
and does not threaten the structures,
improvements or property incident to

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Forest Service, USDA

§ 251.14

the mining operation, such persons
shall be paid for their services at the
current rate of pay of fire fighters employed by the United States.
(h) Nothing contained in this section
shall be construed to relieve the locator from complying with any requirements of the laws of the State of South
Dakota, nor from compliance with or
conformity to any requirements of any
Federal law or regulation now existing
or which later may be enacted or promulgated, and applicable to the subject
involved in this section.

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[13 FR 4792, Aug. 19, 1948, as amended at 48
FR 31854, July 12, 1983]

§ 251.14 Conditions, rules and regulations to govern exercise of timber
rights reserved in conveyance to
the United States.
(a) Except as otherwise provided in
paragraphs (b) and (c) of this section,
in conveyance of lands to the United
States under authorized programs of
the Forest Service, where owners reserve the right to enter upon the conveyed lands and to cut and remove timber and timber products, said reservations shall be subject to the following
conditions, rules and regulations which
shall be expressed in and made a part
of the deed of conveyance to the United
States and such reservations shall be
exercised thereunder and in obedience
thereto:
(1) Whoever undertakes to exercise
the reserved rights, hereinafter called
operator, shall give prior written notice to Forest Service and shall submit
satisfactory evidence of authority to
exercise such rights. Operator shall repair, replace, or restore any improvements owned by the United States or
its permittees, damaged or destroyed
by the timber operations and he shall
restore the land to a condition safe and
reasonably serviceable for authorized
programs of Forest Service.
(2) In cutting and removing timber
and timber products and in locating,
constructing and using mills, logging
roads, railroads, chutes, landings,
camps, or other improvements, no unnecessary damage shall be done to the
air, water and soil resources, and to
young growth or to trees left standing.
All survey monuments and witness
trees shall be preserved.

(3) All trees, timber or timber products of species or sizes not specifically
reserved which are unnecessarily cut,
damaged, or destroyed by operator
shall be paid for at double the usual
rates charged in the locality for sales
of similar National Forest timber and
timber products.
(4) Slash and debris resulting from
the cutting, removal, or processing of
timber or timber products, or from
construction operations, shall be disposed of or otherwise treated by methods acceptable to the Forest Service.
Such treatment or disposal shall comply with known air and water quality
criteria and standards and include necessary preparatory work such as
fireline constructing and snag falling.
The timing of log removal and preparatory work shall not unnecessarily
delay slash disposal or treatment.
(5) Operator is authorized to construct and maintain buildings, facilities, and other improvements, including roads needed to log the reserved
timber. Construction and maintenance
plans, designs, and location shall be approved in writing by Forest Service before construction is started.
(6) All buildings, camps, equipment,
and other structures or improvements
shall be removed from the lands within
6 months from date of completion or
abandonment of the operation, unless
relieved by Forest Service by issuance
of a special-use permit. Otherwise such
buildings, camps, equipment, and other
structures or improvements shall become the property of the United
States, but this does not relieve operator of liability for the cost of removal
and restoration of the site.
(7) Nothing in this section shall be
construed to exempt operator from any
requirements of the laws of the States
in which situated; nor from compliance
with or conformity to any requirement
of any law which later may be enacted
and which otherwise would be applicable.
(8) While operations are in progress,
operator, his employees, any subcontractors, and their employees, shall
take all reasonable and practicable action in the prevention and suppression
of fire, and shall be available for service in the suppression of all fires within
the reserved area. On any fire not

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§ 251.14

36 CFR Ch. II (7–1–08 Edition)

caused by negligence on the part of the
operator, Forest Service shall pay operator at fire-fighting rates common in
the area or at prior agreed rates for
equipment or manpower furnished by
operator.
(9) Only one cutting shall be made on
any portion of the area on which timber is reserved. Forest Service may
permit the cutting of special products,
or products the cutting of which is seasonal, on any portion of the area in advance of the cutting of the chief products of the reserved timber. Each reservation of timber shall include a specific period of time within which material may be removed.
(10) Forest Service shall have the
right to use any road constructed
under the authority of this timber reservation for any and all purposes in
connection with the protection and administration of the National Forest.
(11) Operator shall take all reasonable precautions to prevent pollution
of the air, soil, and water, in operation
hereunder.
(12) All activities by operator in the
reserved area shall be conducted in a
safe, orderly, and workmanlike manner.
(13)
For
the
protection
of
streamcourses, the following measures
shall be observed by operator: Culverts
or bridges will be required on temporary roads at all points where it is
necessary to cross streamcourses. Such
facilities shall be of sufficient size and
design to provide unobstructed flow of
water. Equipment will not be operated
in streamcourses except at designated
crossings and as essential to construction or removal of culverts and bridges.
Any stream that is temporarily diverted must be restored to the natural
course as soon as practicable, and in
any event prior to a major runoff season.
(14) Operator shall perform currently
as weather and soil conditions permit,
the following erosion control work on
portions of the reserved area where logging is in progress or has been completed: Construct cross-ditches and
water-spreading ditches where staked
or otherwise marked on the ground by
Forest Service; after a temporary road
has served operator’s purpose, operator
shall remove culverts and bridges,

eliminate ditches, out-slope and crossdrain roadbed and remove ruts and
berms to the extent necessary to stabilize fills and otherwise minimize erosion; operator shall avoid felling into,
yarding in, or crossing natural meadows; and operations will not take place
when soil and water conditions are
such that excessive damage will result.
(b) The conditions, rules and regulations set forth in paragraphs (a)(1)
through (14) of this section shall not
apply to reservations contained in conveyances of land to the United States
under the Act of March 3, 1925, as
amended (43 Stat. 1133, 64 Stat. 82, 16
U.S.C. 555).
(c) In cases where a State, or an
agency, or a political subdivision
thereof, reserves timber rights for the
cutting and removal of timber and timber products, in the conveyance of land
to the United States under authorized
programs of the Forest Service and
there are provisions in the laws of such
State or in conditions, rules and regulations promulgated by such State,
agency or political subdivision thereof,
which the Chief, Forest Service, determines are adequate to protect the interest of the United States in the event
of the exercise of such reservation, the
Chief, Forest Service, is hereby authorized, in his discretion, to subject the
exercise of the reservation to such
statutory provisions or such conditions, rules, and regulations in lieu of
the conditions, rules and regulations
set forth in paragraphs (a) (1) through
(14) of this section. In that event, such
statutory provisions or such conditions, rules and regulations shall be expressed in and made a part of the deed
of conveyance to the United States and
the reservation shall be exercised
thereunder and in obedience thereto.
All regulations heretofore issued by
the Secretary of Agriculture to govern
the exercise of timber rights reserved
in conveyance of lands to the United
States under authorized programs of
Forest Service shall continue to be effective in the cases to which they are
applicable, but are hereby superseded
as to timber rights hereafter reserved
in conveyances under such programs.
[35 FR 5401, Apr. 1, 1970]

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Forest Service, USDA

§ 251.15

§ 251.15 Conditions, rules and regulations to govern exercise of mineral
rights reserved in conveyances to
the United States.
(a) Except as otherwise provided in
paragraphs (b) and (c) of this section,
in conveyances of lands to the United
States under authorized programs of
the Forest Service, where owners reserve the right to enter upon the conveyed lands and to prospect for, mine
and remove minerals, oil, gas, or other
inorganic substances, said reservations
shall be subject to the following conditions, rules and regulations which shall
be expressed in and made a part of the
deed of conveyance to the United
States and such reservations shall be
exercised thereunder and in obedience
thereto:
(1) Whoever undertakes to exercise
the reserved rights shall give prior
written notice to the Forest Service
and shall submit satisfactory evidence
of authority to exercise such rights.
Only so much of the surface of the
lands shall be occupied, used, or disturbed as is necessary in bona fide
prospecting for, drilling, mining (including the milling or concentration of
ores), and removal of the reserved minerals, oil, gas, or other inorganic substances.
(2)(i) None of the lands in which minerals are reserved shall be so used, occupied, or disturbed as to preclude
their full use for authorized programs
of the Forest Service until the record
owner of the reserved rights, or the
successors, assigns, or lessees thereof,
shall have applied for and received a
permit authorizing such use, occupancy, or disturbance of those specifically described parts of the lands as
may reasonably be necessary to exercise of the reserved rights.
(ii) Said permit shall be issued upon
agreement as to conditions necessary
to protect the interest of the United
States
including
such
conditions
deemed necessary to provide for the
safety of the public and other users of
the land, and upon initial payment of
the annual fee, which shall be at the
rate of $2 per acre or fraction of acre
included in the permit.
(iii) The permit shall also provide
that the record owner of the reserved
right or the successors, assigns, or les-

sees thereof, will repair or replace any
improvements damaged or destroyed
by the mining operations and restore
the land to a condition safe and reasonably serviceable for authorized programs of the Forest Service, and shall
provide for a bond in sufficient amount
as determined necessary by the Forest
Service to guarantee such repair, replacement or restoration.
(iv) Failure to comply with the terms
and conditions of the aforesaid permit
shall be cause for termination of all
rights to use, occupy, or disturb the
surface of the lands covered thereby,
but in event of such termination a new
permit shall be issued upon application
when the causes for termination of the
preceding permit have been satisfactorily remedied and the United States
reimbursed for any resultant damage
to it.
(3) All structures, other improvements, and materials shall be removed
from the lands within one year after
date of termination of the aforementioned permit. Should the holder of the
permit fail to do so within the specified
time, the Forest Service may remove,
destroy or otherwise dispose of said
structures, other improvements, and
materials at the permittee’s expense,
or in lieu thereof, may upon written
notice to the permittee, assume title
thereto in the name of the United
States.
(4) Timber and/or young growth cut
or destroyed in connection with exercise of the reserved right shall be paid
for at rates determined by the Forest
Service to be fair and equitable for
comparable
timber
and/or
young
growth in the locality. All slash resulting from cutting or destruction of timber or young growth shall be disposed
of as required by the Forest Service.
(5) In the prospecting for, mining,
and removal of reserved minerals, oil,
gas, or other inorganic substances all
reasonable provisions shall be made for
the disposal of tailings, dumpage, and
other deleterious materials or substances in such manner as to prevent
obstruction, pollution, or deterioration
of water resources.
(6) Nothing herein contained shall be
construed to exempt operators or the
mining operations from any requirements of applicable State laws nor

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§ 251.17

36 CFR Ch. II (7–1–08 Edition)

from compliance with or conformity to
any requirement of any law which later
may be enacted and which otherwise
would be applicable.
(7) While any activities and/or operations incident to the exercise of the
reserved rights are in progress, the operators, contractors, subcontractors,
and any employees thereof shall use
due diligence in the prevention and
suppression of fires, and shall comply
with all rules and regulations applicable to the land.
(b) The conditions, rules and regulations set forth in paragraphs (a) (1)
through (7) of this section shall not
apply to reservations contained in conveyances of lands to the United States
under the Act of March 3, 1925, as
amended (43 Stat. 1133, 64 Stat. 82; 16
U.S.C. 555).
(c) In cases where a State, or an
agency, or a political subdivision
thereof, reserves minerals, oil, gas, or
other inorganic substances, in the conveyance of land to the United States
under authorized programs of the Forest Service and there are provisions in
the laws of such State or in conditions,
rules and regulations promulgated by
such State, agency or political subdivision thereof, which the Chief, Forest
Service, determines are adequate to
protect the interest of the United
States in the event of the exercise of
such reservation, the Chief, Forest
Service, is hereby authorized, in his
discretion, to subject the exercise of
the reservation to such statutory provisions or such conditions, rules and
regulations in lieu of the conditions,
rules and regulations set forth in paragraphs (a) (1) through (7) of this section. In that event, such statutory provisions or such conditions, rules and
regulations shall be expressed in and
made a part of the deed of conveyance
to the United States and the reservation shall be exercised thereunder and
in obedience thereto.
All regulations heretofore issued by
the Secretary of Agriculture to govern
the exercise of mineral rights reserved
in conveyances of lands to the United
States under authorized programs of
the Forest Service shall continue to be
effective in the cases to which they are
applicable, but are hereby superseded

as to mineral rights hereafter reserved
in conveyances under such programs.
[28 FR 4440, May 3, 1963]

RIGHTS OF GRANTORS
§ 251.17 Grantor’s right to occupy and
use lands conveyed to the United
States.
Except as otherwise provided in paragraph (h) of this section, in conveyances of lands to the United States
under authorized programs of the Forest Service, where owners reserve the
right to occupy and use the land for
the purposes of residence, agriculture,
industry, or commerce, said reservations shall be subject to the following
conditions, rules and regulations which
shall be expressed in and made a part
of the deed of conveyance to the United
States and such reservations shall be
exercised thereunder and in obedience
thereto:
(a) Except when provided otherwise
by statute, the reservation so created
shall not be assigned, used, or occupied
by anyone other than the grantor without the consent of the United States.
(b) All reasonable precautions shall
be taken by the grantor and all persons
acting for or claiming under him to
prevent and suppress forest fires upon
or threatening the premises or other
adjacent lands of the United States,
and any person failing to comply with
this requirement shall be responsible
for any damages sustained by the
United States by reason thereof.
(c) The premises shall not be used or
permitted to be used, without the written consent of the United States, for
any purpose or purposes other than
those specified in the instrument creating the reservation.
(d) The grantor and all persons acting for or claiming under him shall
maintain the premises and all buildings and structures thereon in proper
repair and sanitation and shall comply
with the National Forest laws and regulations and the laws and lawful orders
of the State in which the premises are
located.
(e) Except when provided otherwise
by statute, the reservation shall terminate: (1) Upon the expiration of the period named in the deed; (2) upon failure
for a period of more than one calendar

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Forest Service, USDA

§ 251.18

year to use and occupy the premises for
the purposes named in the deed; (3) by
use and occupancy for unlawful purposes or for purposes other than those
specified in the deed; and (4) by voluntary written relinquishment by the
owner.
(f) Upon the termination of the reservation the owners of personal property remaining on the premises shall
remove same within a period of three
months, and all such property not so
removed shall become the property of
the United States except that when
such removal is prevented by conditions beyond the control of the owners
the period shall be extended in writing
by the Forest Service to allow a reasonable time for said removal, but in
no event longer than one year.
(g) The said reservation shall be subject to rights-of-way for the use of the
United States or its permittees, upon,
across, or through the said land, as
may hereafter be required for the erection, construction, maintenance and
operation of public utility systems
over all or parts thereof, or for the construction and maintenance of any improvements necessary for the good administration and protection of the National Forests, and shall be subject to
the right of officials or employees of
the Forest Service to inspect the premises, or any part thereof, at all reasonable times and as often as deemed necessary in the performance of official
duties in respect to the premises.
(h) The conditions, rules, and regulations set forth in paragraphs (a)
through (g) of this section shall not
apply to reservations contained in conveyances of lands to the United States
under the Act of March 3, 1925, as
amended (43 Stat. 1133, 64 Stat. 82; 16
U.S.C. 555).

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[33 FR 11452, Aug. 13, 1968, as amended at 36
FR 156, Jan. 6, 1971]

§ 251.18 Rights-of-way reserved by the
grantor on lands conveyed to the
United States.
This section governs the use, occupancy, and operation of rights-of-way
reserved by a grantor of lands to the
United States.
(a) Brush and refuse resulting from
the exercise of the right-of-way reservation shall be disposed of to the sat-

isfaction of the Forest Officer in
charge.
(b) Timber cut and destroyed in the
exercise of the right-of-way reservation
shall be paid for at rates to be prescribed by the Forest Officer in charge,
which rates shall be the usual stumpage prices charged in the locality in
sales of national forest timber of the
same kind or species; for injury to timber, second growth, and reproduction,
the amount of actual damage shall be
ascertained by the Forest Supervisor
according to the rules applicable in
such cases.
(c) All improvements built or maintained upon the right-of-way shall be
kept in an orderly, safe and sanitary
condition. Failure to maintain such
conditions shall be cause for the termination of the reservation after 30 days’
notice in writing to the occupant or
user that unsatisfactory conditions
exist and that the Department intends
to terminate all rights under the reservation unless such conditions are
forthwith corrected to the satisfaction
of the Regional Forester.
(d) Upon the abandonment of a reserved right-of-way, either by formal
release, by termination, or by non-use
for a period of one calendar year, all
improvements thereon not the property of the United States shall be removed therefrom within three months
from the date of the abandonment, otherwise such improvements shall vest in
and become the property of the United
States.
(e) All reasonable precautions to prevent and suppress forest fires shall be
taken by the grantor and all persons
acting for or claiming under him; suitable crossings shall be constructed by
grantor and/or said persons where the
reserved right-of-way intersects existing roads and trails; borrow pits shall
not be opened outside of the immediate
graded section except under a special
use permit from the Forest Supervisor.
(f) Officers of the Forest Service shall
have free ingress and egress on and
over the reserved rights-of-way for all
purposes necessary and incidental to
the protection and administration of
the national forest.
[3 FR 1953, Aug. 9, 1938]

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§ 251.19

36 CFR Ch. II (7–1–08 Edition)

§ 251.19 Exercise of water rights reserved by the grantor of lands conveyed to the United States.
This section governs the exercise of
water and related rights reserved by
the grantor of lands conveyed to the
United States under the provisions of
the act of March 1, 1911 (36 Stat. 961).
(a) All reasonable precautions shall
be taken by the grantor and all persons
acting for or claiming under him to
prevent and suppress forest fires upon
or threatening the premises or other
adjacent lands of the United States,
and any person failing to comply with
this requirement shall be responsible
for any damages sustained by the
United States by reason thereof.
(b) All slash and debris resulting
from the cutting and removal of timber
shall be disposed of as directed by the
Forest Officer in charge.
(c) Flowage and reservoir areas shall
be cleared of timber and debris, in a
manner satisfactory to the Forest Supervisor, or in accordance with a special agreement approved by him. Timber cut and destroyed in the exercise of
the reserved rights shall be paid for at
rates to be prescribed by the Forest Officer in charge, which rates shall be the
usual stumpage price charged in the locality.
(d) The water surface created shall be
open to the Forest Service and its permittees when such use does not interfere with the original purpose of the
development.
(e) The water surface shall be open to
fishing by the public in accordance
with State laws when such use does not
interfere with the original purpose of
the development.
(f) Plans for dams and supplemental
structures, impounding or controlling
more than 10 acre-feet of water or with
a head in excess of 6 feet, shall be approved by the Regional Engineer of the
Forest Service before construction
shall begin.
[3 FR 1953, Aug. 9, 1938]

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DESIGNATION OF AREAS
§ 251.23 Experimental areas and research natural areas.
The Chief of the Forest Service shall
establish and permanently record a series of areas on National Forest land to

be known as experimental forests or
experimental ranges, sufficient in number and size to provide adequately for
the research necessary to serve as a
basis for the management of forest and
range land in each forest region. Also,
when appropriate, the Chief shall establish a series of research natural
areas, sufficient in number and size to
illustrate adequately or typify for research or educational purposes, the important forest and range types in each
forest region, as well as other plant
communities that have special or
unique characteristics of scientific interest and importance. Research Natural Areas will be retained in a virgin
or unmodified condition except where
measures are required to maintain a
plant community which the area is intended to represent. Within areas designated by this regulation, occupancy
under a special-use permit shall not be
allowed, nor the construction of permanent improvements permitted except
improvements required in connection
with their experimental use, unless authorized by the Chief of the Forest
Service.
[31 FR 5072, Mar. 29, 1966]

PETERSBURG WATERSHED
§ 251.35 Petersburg watershed.
(a) Except as authorized in paragraphs (b) and (c), access to lands within the Petersburg watershed, Tongass
National Forest, as described in the
Act of October 17, 1940 (54 Stat. 1197), is
prohibited.
(b) Access to lands within the Petersburg watershed is hereby authorized,
without further written approval, for
the following routine purposes:
(1) The discharge of official duties related to management of the Tongass
National Forest by Federal employees,
holders of Forest Service contracts, or
Forest Service agents;
(2) The operation, maintenance, and
improvement of the municipal water
system by Federal and State officials
and employees of the city of Petersburg; and
(3) Public recreational use of the
Raven’s Roost Trail for access to and
from the Raven’s Roost public recreation cabin and the Alpine Recreation
Area.

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Forest Service, USDA

§ 251.50

(c) Any person who wishes to enter
upon the lands within the watershed
for purposes other than those listed in
paragraph (b) must obtain a permit
that has been signed by the appropriate
city official and countersigned by the
District Ranger.
(d) Unauthorized entrance upon lands
within the watershed is subject to punishment as provided in 36 CFR 261.1b.
(e) The Forest Supervisor of the
Stikine Area of the Tongass National
Forest may authorize the removal of
timber from the watershed under the
regulations governing disposal of National Forest timber (36 CFR part 223).
In any removal of timber from the watershed, the Forest Supervisor shall
provide adequate safeguards for the
protection of the Petersburg municipal
water supply.
[53 FR 26595, July 14, 1988]

Subpart B—Special Uses
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, 1761–1771.

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SOURCE: 45 FR 38327, June 6, 1980, unless
otherwise noted.

§ 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 (§ 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); and minerals (part
228) 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 paragraphs (c)
through (e)(3) of this section.
(b) Nothing in this section prohibits
the temporary occupancy of National
Forest System lands without a special
use authorization when necessary for
the protection of life and property in
emergencies, if a special use authorization is applied for and obtained at the
earliest opportunity, unless waived
pursuant to paragraphs (c) through

(e)(3) of this section. The authorized officer may, pursuant to § 251.56 of this
subpart, impose in that authorization
such terms and conditions as are
deemed necessary or appropriate and
may require changes to the temporary
occupancy to conform to those terms
and conditions. Those temporarily occupying National Forest System lands
without a special use authorization assume liability, and must indemnify the
United States, for all injury, loss, or
damage arising in connection with the
temporary occupancy.
(c) A special use authorization is not
required
for
noncommercial
recreational activities, such as camping,
picnicking, hiking, fishing, boating,
hunting, and horseback riding, or for
noncommercial activities involving the
expression of views, such as assemblies,
meetings, demonstrations, and parades,
unless:
(1) The proposed use is a noncommercial group use as defined in § 251.51 of
this subpart;
(2) The proposed use is still photography as defined in § 251.51 of this subpart; or
(3) Authorization of that use is required by an order issued under § 261.50
or by a regulation issued under § 261.70
of this chapter.
(d) Travel on any National Forest
System road shall comply with all Federal and State laws governing the road
to be used and does not require a special use authorization, unless:
(1) The travel is for the purpose of engaging in a noncommercial group use,
outfitting or guiding, a recreation
event, commercial filming, or still photography, as defined in § 251.51 of this
subpart, or for a landowner’s ingress or
egress across National Forest System
lands that requires travel on a National Forest System road that is not
authorized for general public use under
§ 251.110(d) of this part; or
(2) Authorization of that use is required by an order issued under § 261.50
or by a regulation issued under § 261.70
of this chapter.
(e) For proposed uses other than a
noncommercial group use, a special use
authorization is not required if, based

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