36 CFR Part 251 Subpart B

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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§ 251.51

36 CFR Ch. II (7–1–08 Edition)

upon review of a proposal, the authorized officer determines that the proposed use has one or more of the following characteristics:
(1) The proposed use will have such
nominal effects on National Forest
System lands, resources, or programs
that it is not necessary to establish
terms and conditions in a special use
authorization to protect National Forest System lands and resources or to
avoid conflict with National Forest
System programs or operations;
(2) The proposed use is regulated by a
State agency or another Federal agency in a manner that is adequate to protect National Forest System lands and
resources and to avoid conflict with
National Forest System programs or
operations; or
(3) The proposed use is not situated
in a congressionally designated wilderness area, and is a routine operation or
maintenance activity within the scope
of a statutory right-of-way for a highway pursuant to R.S. 2477 (43 U.S.C.
932, repealed Oct. 21, 1976) or for a ditch
or canal pursuant to R.S. 2339 (43
U.S.C. 661, as amended), or the proposed use is a routine operation or
maintenance activity within the express scope of a documented linear
right-of-way.

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[69 FR 41964, July 13, 2004]

§ 251.51 Definitions.
Applicant—any individual, partnership, corporation, association, or other
business entity, and any Federal, State
or governmental entity or agency
which applies for a special use authorization.
Authorized officer—any employee of
the Forest Service to whom has been
delegated the authority to perform the
duties described in this part.
Chief—the Chief of the Forest Service.
Commercial filming—use of motion picture, videotaping, sound recording, or
any other moving image or audio recording equipment on National Forest
System lands that involves the advertisement of a product or service, the
creation of a product for sale, or the
use of models, actors, sets, or props,
but not including activities associated
with broadcasting breaking news, as
defined in FSH 2709.11, chapter 40.

Commercial use or activity—any use or
activity on National Forest System
lands (a) where an entry or participation fee is charged, or (b) 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.
Easement—a type of special use authorization (usually granted for linear
rights-of-way) that is utilized in those
situations where a conveyance of a limited and transferable interest in National Forest System land is necessary
or desirable to serve or facilitate authorized long-term uses, and that may
be compensable according to its terms.
Forest road or trail. A road or trail
wholly or partly within or adjacent to
and serving the National Forest System that the Forest Service determines
is necessary for the protection, administration, and utilization of the National Forest System and the use and
development of its resources.
Group use—an activity conducted on
National Forest System lands that involves a group of 75 or more people, either as participants or spectators.
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.
Holder—any applicant who has received a special use authorization.
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.
Linear right-of-way—a right-of-way
for a linear facility, such as a road,
trail, pipeline, electronic transmission
line, fence, water transmission facility,
or fiber optic cable.
Major category—A processing or monitoring category requiring more than
50 hours of agency time to process an

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§ 251.51

application for a special use authorization (processing category 6 and, in certain situations, processing category 5)
or more than 50 hours of agency time
to monitor compliance with the terms
and conditions of an authorization
(monitoring category 6 and, in certain
situations, monitoring category 5).
Major categories usually require documentation of environmental and associated impacts in an environmental assessment and may require an environmental impact statement.
Minor category—A processing or monitoring category requiring 50 hours or
less of agency time to process an application for a special use authorization
(processing categories 1 through 4 and,
in certain situations, processing category 5) or 50 hours or less of agency
time to monitor compliance with the
terms and conditions of an authorization (monitoring categories 1 through 4
and, in certain situations, monitoring
category 5). Minor categories may require documentation of environmental
and associated impacts in an environmental assessment.
Monitoring—Actions needed to ensure
compliance with the terms and conditions in a special use authorization.
National Forest System land—all lands,
waters, or interests therein administered by the Forest Service.
National Forest System road. A forest
road other than a road which has been
authorized by a legally documented
right-of-way held by a State, county,
or other local public road authority.
NEPA procedures—the rules, policies,
and procedures governing agency compliance with the National Environmental Policy Act set forth in 50 CFR
parts 1500–1508, 7 CFR part 1b, Forest
Service Manual Chapter 1950, and Forest Service Handbook 1909.15.
Noncommercial use or activity—any use
or activity that does not involve a
commercial use or activity as defined
in this section.
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.
Permit—a special use authorization
which provides permission, without
conveying an interest in land, to oc-

cupy and use National Forest System
land or facilities for specified purposes,
and which is both revocable and terminable.
Recreation event—a recreational activity conducted on National Forest
System lands for which an entry or
participation fee is charged, such as
animal, vehicle, or boat races; dog
trials; fishing contests; rodeos; adventure games; and fairs.
Recreation Residence Lot—a parcel of
National Forest System land on which
a holder is authorized to build, use, occupy, and maintain a recreation residence and related improvements. A
recreation residence lot is considered
to be in its natural, native state at the
time when the Forest Service first permitted its use for a recreation residence. A recreation residence lot is not
necessarily confined to the platted
boundaries shown on a tract map or
permit area map. A recreation residence lot includes the physical area of
all National Forest System land being
used or occupied by a recreation residence permit holder, including, but not
limited to, land being occupied by ancillary facilities and uses owned, operated, or maintained by the holder, such
as septic systems, water systems, boat
houses and docks, major vegetative
modifications, and so forth.
Revocation—the cessation of a special
use authorization by action of an authorized officer before the end of the
specified period of occupancy or use for
reasons set forth in § 251.60(a)(1)(i),
(a)(2)(i), (g), and (h) of this subpart.
Right-of-way—land authorized to be
used or occupied for the construction,
operation, maintenance and termination of a project or facility passing
over, upon, under or through such land.
Secretary—the Secretary of Agriculture.
Ski area—a site and attendant facilities expressly developed to accommodate alpine or nordic skiing and from
which the preponderance of revenue is
generated by the sale of lift tickets and
fees for ski rentals, for skiing instruction and trail passes for the use of permittee-maintained ski trails. A ski
area may also include ancillary facilities directly related to the operation
and support of skiing activities.

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§ 251.52

36 CFR Ch. II (7–1–08 Edition)

Sound business management principles—a phrase that refers to accepted
industry practices or methods of establishing fees and charges that are used
or applied by the Forest Service to help
establish the appropriate charge for a
special use. Examples of such practices
and methods include, but are not limited to, appraisals, fee schedules, competitive bidding, negotiation of fees,
and application of other economic factors, such as cost efficiency, supply and
demand, and administrative costs.
Special use authorization—a permit,
term permit, lease, or easement which
allows occupancy, use, rights, or privileges of National Forest System land.
Still photography—use of still photographic equipment on National Forest
System lands that takes place at a location where members of the public
generally are not allowed or where additional administrative costs are likely, or uses models, sets, or props that
are not a part of the site’s natural or
cultural resources or administrative facilities.
Suspension—a temporary revocation
of a special use authorization.
Termination—the cessation of a special use authorization by operation of
law or by operation of a fixed or
agreed-upon condition, event, or time
as specified in an authorization without the necessity for any decision or
action by the authorized officer; for example, expiration of the authorized
term or transfer of the authorized improvement to another party.
Term permit—a special use authorization to occupy and use National Forest
System land, other than rights-of-way
under § 251.53(l) of this part, for a specified period which is both revocable and
compensable according to its terms.
[45 FR 38327, June 6, 1980, as amended at 49
FR 25449, June 21, 1984; 53 FR 16550, May 10,
1988; 54 FR 22593, May 25, 1989; 60 FR 45293,
Aug. 30, 1995; 60 FR 54409, Oct. 23, 1995; 63 FR
65964, Nov. 30, 1998; 69 FR 41965, July 13, 2004;
70 FR 68290, Nov. 9, 2005; 71 FR 8913, Feb. 21,
2006; 71 FR 16621, Apr. 3, 2006]

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§ 251.52

Delegation of authority.

Special use authorizations shall be
issued, granted, amended, renewed, suspended, terminated, or revoked by the
Chief, or through delegation, by the
Regional Forester, Forest Supervisor,

District Ranger or other forest officer,
and shall be in such form and contain
such terms, stipulations, conditions,
and agreements as may be required by
the regulations of the Secretary and
the instructions of the Chief (7 CFR
2.60; 36 CFR part 200, subpart B).
§ 251.53 Authorities.
Subject to any limitations contained
in applicable statutes, the Chief of the
Forest Service, or other Agency official to whom such authority is delegated, may issue special use authorizations for National Forest System land
under the authorities cited and for the
types of use specified in this section as
follows:
(a) Permits governing occupancy and
use, including group events and distribution of noncommercial printed
materials, under the act of June 4, 1897,
30 Stat. 35 (16 U.S.C. 551);
(b) Leases under the Act of February
28, 1899, 30 Stat. 908 (16 U.S.C. 495) for
public sanitariums or hotels near or
adjacent to mineral springs;
(c) Permits under the Act of June 8,
1906, 34 Stat. 225 (16 U.S.C. 431, et seq.),
for the examination of ruins, the excavation of archaeological sites, and the
gathering of objects of antiquity in
conformity with the rules and regulations prescribed by the Secretaries of
the Interior, Agriculture, and War, December 28, 1906 (43 CFR part 3);
(d) Term permits under the Act of
March 4, 1915, 38 Stat. 1101, as amended,
70 Stat. 708 (16 U.S.C. 497) for periods
not over 30 years and (1) for not over 80
acres for (i) hotels, resorts, and other
structures and facilities for recreation,
public convenience, or safety; (ii) industrial or commercial purposes, and
(iii) education or public activities; and
(2) for not over 5 acres for summer
homes and stores;
(e) Easements for rights-of-way for
pipeline purposes for the transportation of oil and gas and products
thereof where no Federal land other
than National Forest System land is
required, and permits for the temporary use of additional National Forest System land necessary for construction, operation, maintenance or
termination of a pipeline or to protect
the natural environment or the public
safety under section 28 of the Mineral

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§ 251.53

Leasing Act of 1920, 41 Stat. 449, as
amended, (30 U.S.C. 185);
(f) Permits, term permits, and easements in the National Grasslands and
other lands acquired or administered
under title III, Act of July 22, 1937, 50
Stat. 525, as amended, (7 U.S.C. 1011(d));
(g) Permits under section 7 of the Act
of April 24, 1950, 64 Stat. 84 (16 U.S.C.
580d) for periods not over 30 years for
the use of structures or improvements
under the administrative control of the
Forest Service and land used in connection therewith;
(h) Permits, term permits, leases, or
easements as authorized by the Act of
September 3, 1954, 68 Stat. 1146 (43
U.S.C. 931c, 931d), to States, counties,
cities, towns, townships, municipal
corporations, or other public agencies
for periods not over 30 years, at prices
representing the fair market value,
fixed by the Chief, through appraisal
for the purpose of constructing and
maintaining on such lands public buildings or other public works;
(i) Permits under the Wilderness Act
of September 3, 1964, 78 Stat. 890 (16
U.S.C. 1131–1136) for temporary structures and commercial services and for
access to valid mining claims or other
valid occupancies and to surrounded
State or private land within designated
wilderness (see part 293 of this chapter);
(j) Temporary or permanent easements under the Act of October 13, 1964,
78 Stat. 1089 (16 U.S.C. 532–538) for road
rights-of-way over lands and interests
in land administered by the Forest
Service (see § 212.10 of this chapter);
(k) Special recreation permits issued
under section 803(h) of the Federal
Lands Recreation Enhancement Act (16
U.S.C. 6802(h)), for specialized recreation uses of National Forest System
lands, such as group activities, recreation events, and motorized recreational vehicle use.
(l) Permits, leases and easements
under the Federal Land Policy and
Management Act of 1976, 90 Stat. 2776
(43 U.S.C. 1761–1771) for rights-of-way
for:
(1)
Reservoirs,
canals,
ditches,
flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems
for the impoundment, storage, transportation, or distribution of water;

(2) Pipelines and other systems for
the transportation or distribution of
liquids and gases, other than water and
other than oil, natural gas, synthetic
liquid or gaseous fuels, or any refined
product produced therefrom, and for
storage and terminal facilities in connection therewith;
(3) Pipelines, slurry and emulsion
systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of
such materials in connection therewith;
(4) Systems and related facilities for
generation, transmission, and distribution of electric energy, except that the
applicant, in addition to obtaining a
Forest Service special use authorization, shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the
Federal Power Act of 1935, as amended,
49 Stat. 838 (16 U.S.C. 791a, et seq.);
(5) Systems for transmission or reception of radio, television, telephone,
telegraph, and other electronic signals
and other means of communication;
(6) Roads, trails, highways, railroads,
canals, tunnels, tramways, airways,
livestock driveways, or other means of
transportation except where such facilities are constructed and maintained
in connection with commercial recreation facilities;
(7) Such other necessary transportation or other systems or facilities
which are in the public interest and
which require rights-of-way over, upon,
under, or through National Forest System lands; and
(8) Any Federal department or agency for pipeline purposes for the transportation of oil, natural gas, synthetic
liquid or gaseous fuels, or any product
produced therefrom;
(m) Permits under the Archaeological Resources Protection Act of
1979, 93 Stat. 721 (16 U.S.C. 470aa).
(n) Operation of nordic and alpine ski
areas and facilities for up to 40 years
and encompassing such acreage as the
Forest Officer determines sufficient
and appropriate as authorized by the

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§ 251.54

36 CFR Ch. II (7–1–08 Edition)

National Forest Ski Area Permit Act
of 1986 (16 U.S.C. 497b).
[45 FR 38327, June 6, 1980; 45 FR 43167, June
26, 1980, as amended at 49 FR 25449, June 21,
1984; 53 FR 16550, May 10, 1988; 54 FR 22594,
May 25, 1989; 70 FR 70498, Nov. 22, 2005]

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§ 251.54 Proposal and application requirements and procedures.
(a) Early notice. When an individual
or entity proposes to occupy and use
National Forest System lands, the proponent is required to contact the Forest Service office(s) responsible for the
management of the affected land as
early as possible in advance of the proposed use.
(b) Filing proposals. Proposals for special uses must be filed in writing with
or presented orally to the District
Ranger or Forest Supervisor having jurisdiction over the affected land (§ 200.2
of this chapter), except as follows:
(1) Proposals for projects on lands
under the jurisdiction of two or more
administrative units of the Forest
Service may be filed at the most convenient Forest Service office having jurisdiction over part of the project, and
the proponent will be notified where to
direct subsequent communications;
(2) Proposals for cost-share and other
road easements to be issued under
§ 251.53(j) must be filed in accordance
with regulations in § 212.10(c) and (d) of
this chapter; and
(3) Proposals for oil and gas pipeline
rights-of-way crossing Federal lands
under the jurisdiction of two or more
Federal agencies must be filed with the
State Office, Bureau of Land Management, pursuant to regulations at 43
CFR part 2882.
(c) Rights of proponents. A proposal to
obtain a special use authorization does
not grant any right or privilege to use
National Forest System lands. Rights
or privileges to occupy and use National Forest System lands under this
subpart are conveyed only through
issuance of a special use authorization.
(d) Proposal content—(1) Proponent
identification. Any proponent for a special use authorization must provide the
proponent’s name and mailing address,
and, if the proponent is not an individual, the name and address of the
proponent’s agent who is authorized to

receive notice of actions pertaining to
the proposal.
(2) Required information—(i) Noncommercial group uses. Paragraphs (d)(3)
through (d)(5) of this section do not
apply to proposals for noncommercial
group uses. A proponent for noncommercial group uses shall provide
the following:
(A) A description of the proposed activity;
(B) The location and a description of
the National Forest System lands and
facilities the proponent would like to
use;
(C) The estimated number of participants and spectators;
(D) The starting and ending time and
date of the proposed activity; and
(E) The name of the person or persons 21 years of age or older who will
sign a special use authorization on behalf of the proponent.
(ii) All other special uses. At a minimum, proposals for special uses other
than noncommercial group uses must
include the information contained in
paragraphs (d)(3) through (d)(5) of this
section. In addition, if requested by an
authorized officer, a proponent in one
of the following categories must furnish the information specified for that
category:
(A) If the proponent is a State or
local government agency: a copy of the
authorization under which the proposal
is made;
(B) If the proponent is a public corporation: the statute or other authority under which it was organized;
(C) If the proponent is a Federal Government agency: the title of the agency
official delegated the authority to file
the proposal;
(D) If the proponent is a private corporation:
(1) Evidence of incorporation and its
current good standing;
(2) If reasonably obtainable by the
proponent, the name and address of
each shareholder owning three percent
or more of the shares, together with
the number and percentage of any class
of voting shares of the entity which
such shareholder is authorized to vote;
(3) The name and address of each affiliate of the entity;
(4) In the case of an affiliate which is
controlled by the entity, the number of

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§ 251.54

shares and the percentage of any class
of voting stock of the affiliate that the
entity owns either directly or indirectly; or
(5) In the case of an affiliate which
controls that entity, the number of
shares and the percentage of any class
of voting stock of that entity owned,
either directly or indirectly by the affiliate; or
(E) If the proponent is a partnership,
association, or other unincorporated
entity: a certified copy of the partnership agreement or other similar document, if any, creating the entity, or a
certificate of good standing under the
laws of the State.
(3) Technical and financial capability.
The proponent is required to provide
sufficient evidence to satisfy the authorized officer that the proponent has,
or prior to commencement of construction will have, the technical and financial capability to construct, operate,
maintain, and terminate the project
for which an authorization is requested, and the proponent is otherwise acceptable.
(4) Project description. Except for requests for planning permits for a major
development, a proponent must provide
a project description, including maps
and appropriate resource information,
in sufficient detail to enable the authorized officer to determine the feasibility of a proposed project or activity,
any benefits to be provided to the public, the safety of the proposal, the
lands to be occupied or used, the terms
and conditions to be included, and the
proposal’s compliance with applicable
laws, regulations, and orders.
(5) Additional information. The authorized officer may require any other information and data necessary to determine feasibility of a project or activity
proposed; compliance with applicable
laws, regulations, and orders; compliance with requirements for associated
clearances, certificates, permits, or licenses; and suitable terms and conditions to be included in the authorization. The authorized officer shall make
requests for any additional information
in writing.
(e) Pre-application actions—(1) Initial
screening. Upon receipt of a request for
any proposed use other than for noncommercial group use, the authorized

officer shall screen the proposal to ensure that the use meets the following
minimum requirements applicable to
all special uses:
(i) The proposed use is consistent
with the laws, regulations, orders, and
policies establishing or governing National Forest System lands, with other
applicable Federal law, and with applicable State and local health and sanitation laws.
(ii) The proposed use is consistent or
can be made consistent with standards
and guidelines in the applicable forest
land and resource management plan
prepared under the National Forest
Management Act and 36 CFR part 219.
(iii) The proposed use will not pose a
serious or substantial risk to public
health or safety.
(iv) The proposed use will not create
an exclusive or perpetual right of use
or occupancy.
(v) The proposed use will not unreasonably conflict or interfere with administrative use by the Forest Service,
other scheduled or authorized existing
uses of the National Forest System, or
use of adjacent non-National Forest
System lands.
(vi) The proponent does not have any
delinquent debt owed to the Forest
Service under terms and conditions of
a prior or existing authorization, unless such debt results from a decision
on an administrative appeal or from a
fee review and the proponent is current
with the payment schedule.
(vii) The proposed use does not involve gambling or providing of sexually
oriented commercial services, even if
permitted under State law.
(viii) The proposed use does not involve military or paramilitary training
or exercises by private organizations or
individuals, unless such training or exercises are federally funded.
(ix) The proposed use does not involve disposal of solid waste or disposal
of radioactive or other hazardous substances.
(2) Results of initial screening. Any
proposed use other than a noncommercial group use that does not meet all of
the minimum requirements of paragraphs (e)(1)(i)-(ix) of this section shall
not receive further evaluation and
processing. In such event, the authorized officer shall advise the proponent

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36 CFR Ch. II (7–1–08 Edition)

that the use does not meet the minimum requirements. If the proposal
was submitted orally, the authorized
officer may respond orally. If the proposal was made in writing, the authorized officer shall notify the proponent
in writing that the proposed use does
not meet the minimum requirements
and shall simultaneously return the request.
(3) Guidance and information to proponents. For proposals for noncommercial group use as well as for those proposals that meet the minimum requirements of paragraphs (e)(1)(i)-(ix), the
authorized officer, to the extent practicable, shall provide the proponent
guidance and information on the following:
(i) Possible land use conflicts as identified by review of forest land and resource management plans, landownership records, and other readily available sources;
(ii) Proposal and application procedures and probable time requirements;
(iii) Proponent qualifications;
(iv) Applicable fees, charges, bonding,
and/or security requirements;
(v) Necessary associated clearances,
permits, and licenses;
(vi) Environmental and management
considerations;
(vii) Special conditions; and
(viii) identification of on-the-ground
investigations which will require temporary use permits.
(4) Confidentiality. If requested by the
proponent, the authorized officer, or
other Forest Service official, to the extent reasonable and authorized by law,
shall hold confidential any project and
program information revealed during
pre-application contacts.
(5) Second-level screening of proposed
uses. A proposal which passes the initial screening set forth in paragraph
(e)(1) and for which the proponent has
submitted information as required in
paragraph (d)(2)(ii) of this section, proceeds to second-level screening and
consideration. In order to complete
this screening and consideration, the
authorized officer may request such additional information as necessary to
obtain a full description of the proposed use and its effects. An authorized
officer shall reject any proposal, including a proposal for commercial

group uses, if, upon further consideration, the officer determines that:
(i) The proposed use would be inconsistent or incompatible with the purposes for which the lands are managed,
or with other uses; or
(ii) The proposed use would not be in
the public interest; or
(iii) The proponent is not qualified;
or
(iv) The proponent does not or cannot
demonstrate technical or economic feasibility of the proposed use or the financial or technical capability to undertake the use and to fully comply
with the terms and conditions of the
authorization; or
(v) There is no person or entity authorized to sign a special use authorization and/or there is no person or entity willing to accept responsibility for
adherence to the terms and conditions
of the authorization.
(6) NEPA compliance for second-level
screening process. A request for a special
use authorization that does not meet
the criteria established in paragraphs
(e)(5)(i) through (e)(5)(v) of this section
does not constitute an agency proposal
as defined in 40 CFR 1508.23 and, therefore, does not require environmental
analysis and documentation.
(f) Special requirements for certain proposals—(1) Oil and gas pipeline rights-ofway. These proposals must include the
citizenship of the proponent(s) and disclose the identity of its participants as
follows:
(i) Citizens of another country, the
laws, customs, or regulations of which
deny similar or like privileges to citizens or corporations of the United
States, shall not own an appreciable interest in any oil and gas pipeline rightof-way or associated permit; and
(ii) The authorized officer shall notify the House Committee on Resources
and the Senate Committee on Energy
and Natural Resources promptly upon
receipt of a proposal for a right-of-way
for a pipeline twenty-four (24) inches or
more in diameter, and no right-of-way
for such a pipeline shall be granted
until sixty (60) days (not counting days
on which the House of Representatives
or the Senate has adjourned for more

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than three (3) days) after a notice of intention to grant the right-of-way, together with the authorized officer’s detailed findings as to terms and conditions the officer proposes to impose,
has been submitted to such committees, unless each committee by resolution waives the waiting period.
(2) Electric power transmission lines 66
KV or over. Any proposal for authority
to construct and maintain a facility for
the generation of electric power and
energy or for the transmission or distribution of electric power and energy
of 66 kilovolts or higher under this section must be referred to the Secretary
of Energy for consultation.
(3) Major development. Proponents of a
major development may submit a request for a planning permit of up to 10
years in duration. Requests for a planning permit must include the information contained in paragraphs (d)(1)
through (d)(3) of this section. Upon
completion of a master development
plan developed under a planning permit, proponents may then submit a request for a long-term authorization to
construct and operate the development. At a minimum, a request for a
long-term permit for a major development must include the information
contained in paragraphs (d)(1) and
(d)(2)(ii) through (d)(5) of this section.
Issuance of a planning permit does not
prejudice approval or denial of a subsequent request for a special use permit
for the development.
(g) Application processing and response—(1) Acceptance of applications.
Except for proposals for noncommercial group uses, if a request does not
meet the criteria of both screening
processes or is subsequently denied, the
proponent must be notified with a written explanation of the rejection or denial and any written proposal returned
to the proponent. If a request for a proposed use meets the criteria of both the
initial and second-level screening processes as described in paragraph (e) of
this section, the authorized officer
shall notify the proponent that the
agency is prepared to accept a written
formal application for a special use authorization and shall, as appropriate or
necessary, provide the proponent guidance and information of the type de-

scribed in paragraphs (e)(3)(i) through
(e)(3)(viii) of this section.
(2) Processing applications. (i) Upon acceptance of an application for a special
use authorization other than a planning permit, the authorized officer
shall evaluate the proposed use for the
requested site, including effects on the
environment. The authorized officer
may request such additional information as necessary to obtain a full description of the proposed use and its effects.
(ii) Federal, State, and local government agencies and the public shall receive adequate notice and an opportunity to comment upon a special use
proposal accepted as a formal application in accordance with Forest Service
NEPA procedures.
(iii) The authorized officer shall give
due deference to the findings of another agency such as a Public Utility
Commission, the Federal Regulatory
Energy Commission, or the Interstate
Commerce Commission in lieu of another detailed finding. If this information is already on file with the Forest
Service, it need not be refiled, if reference is made to the previous filing
date, place, and case number.
(iv) Applications for noncommercial
group uses must be received at least 72
hours in advance of the proposed activity. Applications for noncommercial
group uses shall be processed in order
of receipt, and the use of a particular
area shall be allocated in order of receipt of fully executed applications,
subject to any relevant limitations set
forth in this section.
(v) For applications for planning permits, including those issued for a
major development as described in
paragraph (f)(3) of this section, the authorized officer shall assess only the
applicant’s financial and technical
qualifications and determine compliance with other applicable laws, regulations, and orders. Planning permits
may be categorically excluded from
documentation in an environmental assessment or environmental impact
statement pursuant to Forest Service
Handbook 1909.15 (36 CFR 200.4).
(3) Response to applications for noncommercial group uses. (i) All applications for noncommercial group uses

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§ 251.54

36 CFR Ch. II (7–1–08 Edition)

shall be deemed granted and an authorization shall be issued for those uses
pursuant to the determination as set
forth below, unless applications are denied within 48 hours of receipt. Where
an application for a noncommercial
group use has been granted or is
deemed to have been granted and an
authorization has been issued under
this paragraph, an authorized officer
may revoke that authorization only as
provided under § 251.60(a)(1)(i).
(ii) An authorized officer shall grant
an application for a special use authorization for a noncommercial group use
upon a determination that:
(A) Authorization of the proposed activity is not prohibited by the rules at
36 CFR part 261, subpart B, or by Federal, State, or local law unrelated to
the content of expressive activity;
(B) Authorization of the proposed activity is consistent or can be made consistent with the standards and guidelines in the applicable forest land and
resource management plan required
under the National Forest Management
Act and 36 CFR part 219;
(C) 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;
(D) 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, including but not limited to uses
and activities authorized under parts
222, 223, 228, and 251 of this chapter;
(E) The proposed activity does not
violate State and 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:
(1) The sufficiency of sanitation facilities;
(2) The sufficiency of waste-disposal
facilities;
(3) The availability of sufficient potable drinking water;
(4) The risk of disease from the physical characteristics of the proposed site
or natural conditions associated with
the proposed site; and

(5) The risk of contamination of the
water supply;
(F) The proposed activity will not
pose a substantial danger to public
safety. Considerations of public safety
must not include concerns about possible reaction to the users’ identity or
beliefs from non-members of the group
that is seeking an authorization and
shall be limited to the following:
(1) The potential for physical injury
to other forest users from the proposed
activity;
(2) The potential for physical injury
to users from the physical characteristics of the proposed site or natural conditions associated with the proposed
site;
(3) The potential for physical injury
to users from scheduled or existing
uses or activities on National Forest
System lands; and
(4) The adequacy of ingress and
egress in case of an emergency;
(G) 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
(H) A person or persons 21 years of
age or older have been designated to
sign and do sign a special use authorization on behalf of the applicant.
(iii) If an authorized officer denies an
application because it does not meet
the criteria in paragraphs (g)(3)(ii)(A)
through (g)(3)(ii)(H) of this section, the
authorized officer shall notify the applicant in writing of the reasons for the
denial. If an alternative time, place, or
manner will allow the applicant to
meet the eight evaluation criteria, an
authorized officer shall offer that alternative. If an application is denied
solely under paragraph (g)(3)(ii)(C) of
this section and all alternatives suggested are unacceptable to the applicant, the authorized officer shall offer
to have completed the requisite environmental and other analyses for the
requested site. A decision to grant or
deny the application for which an environmental assessment or an environmental impact statement is prepared is
subject to the notice and appeal procedures at 36 CFR part 215 and shall be
made within 48 hours after the decision

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§ 251.56

becomes final under that appeal process. A denial of an application under
paragraphs
(g)(3)(ii)(A)
through
(g)(3)(ii)(H) of this section constitutes
final agency action and is immediately
subject to judicial review.
(4) Response to all other applications.
Based on evaluation of the information
provided by the applicant and other
relevant information such as environmental findings, the authorized officer
shall decide whether to approve the
proposed use, approve the proposed use
with modifications, or deny the proposed use. A group of applications for
similar uses having minor environmental impacts may be evaluated with
one analysis and approved in one decision.
(5) Authorization of a special use. Upon
a decision to approve a special use or a
group of similar special uses, the authorized officer may issue one or more
special use authorizations as defined in
§ 251.51 of this subpart.

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[63 FR 65964, Nov. 30, 1998]

§ 251.55 Nature of interest.
(a) A holder is authorized only to occupy such land and structures and conduct such activities as is specified in
the special use authorization. The
holder may sublet the use and occupancy of the premises and improvements authorized only with the prior
written approval of the authorized officer, but the holder shall continue to be
responsible for compliance with all
conditions of the special use authorization.
(b) All rights not expressly granted
are retained by the United States, including but not limited to (1) continuing rights of access to all National
Forest System land (including the subsurface and air space); (2) a continuing
right of physical entry to any part of
the authorized facilities for inspection,
monitoring, or for any other purposes
or reason consistent with any right or
obligation of the United States under
any law or regulation; and (3) the right
to require common use of the land or
to authorize the use by others in any
way not inconsistent with a holder’s
existing rights and privileges after consultation with all parties and agencies
involved. When costs can be feasibly allocated and have not been amortized, a

new holder may be required to compensate existing holders for an equitable proportion of the original costs
or other expense associated with the
common use.
(c) Special use authorizations are
subject to all outstanding valid rights.
(d) Each special use authorization
will specify the lands to be used or occupied which shall be limited to that
which the authorized officer determines: (1) Will be occupied by the facilities authorized; (2) to be necessary
for the construction, operation, maintenance, and full utilization of the authorized facilities or the conduct of authorized activities; and, (3) to be necessary to protect the public health and
safety and the environment.
(e) The holder will secure permission
under applicable law, and pay in advance, the value as determined by the
authorized officer for any mineral and
vegetative materials (including timber)
to be cut, removed, used, or destroyed
by the holder from the authorized use
area or other National Forest System
land. The authorized officer may, in
lieu of requiring an advance payment,
require the holder to stockpile or stack
the material at designated locations
for later disposal by the United States.
§ 251.56 Terms and conditions.
(a) General. (1) Each special use authorization must contain:
(i) Terms and conditions which will:
(A) Carry out the purposes of applicable statutes and rules and regulations
issued thereunder;
(B) Minimize damage to scenic and
esthetic values and fish and wildlife
habitat and otherwise protect the environment;
(C) Require compliance with applicable air and water quality standards established by or pursuant to applicable
Federal or State law; and
(D) Require compliance with State
standards for public health and safety,
environmental protection, and siting,
construction, operation, and maintenance if those standards are more
stringent than applicable Federal
standards.
(ii) Such terms and conditions as the
authorized officer deems necessary to:
(A) Protect Federal property and economic interests;

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36 CFR Ch. II (7–1–08 Edition)

(B) Manage efficiently the lands subject to the use and adjacent thereto;
(C) Protect other lawful users of the
lands adjacent to or occupied by such
use;
(D) Protect lives and property;
(E) Protect the interests of individuals living in the general area of the
use who rely on the fish, wildlife, and
other biotic resources of the area for
subsistence purposes;
(F) Require siting to cause the least
damage to the environment, taking
into consideration feasibility and other
relevant factors; and
(G) Otherwise protect the public interest.

rfrederick on PROD1PC67 with CFR

NOTE TO PARAGRAPH (a)(1)(ii)(G): The Department is making explicit its preexisting
understanding of § 251.56(a)(1)(ii)(G) of this
subpart in the context of authorizing noncommercial group uses of National Forest
System lands. Section 251.56(a)(1)(ii)(G) provides that each special use authorization
shall contain such terms and conditions as
the authorized officer deems necessary to
otherwise protect the public interest. In the
context of noncommercial group uses, the
Forest Service interprets the term ‘‘public
interest’’ found in § 251.56(a)(1)(ii)(G) to refer
to the three public interests identified by the
Forest Service on August 30, 1995. These public interests include the protection of resources and improvements on National Forest System lands, the allocation of space
among potential or existing uses and activities, and public health and safety concerns.
Under this construction, § 251.56(a)(1)(ii)(G)
allows the Forest Service to impose terms
and conditions that are not specifically addressed in § 251.56(a)(1)(ii)(A)–(F) but only
those that further these public interests. The
Forest Service shall implement and enforce
§ 251.56(a)(1)(ii)(G) in accordance with this interpretation.

(2) Authorizations for use of National
Forest System lands may be conditioned to require State, county, or
other Federal agency licenses, permits,
certificates, or other approval documents, such as a Federal Communication Commission license, a Federal Energy Regulatory Commission license, a
State water right, or a county building
permit.
(b) Duration and renewability—(1) Requirements. If appropriate, each special
use authorization will specify its duration and renewability. The duration
shall be no longer than the authorized
officer determines to be necessary to

accomplish the purpose of the authorization and to be reasonable in light of
all circumstances concerning the use,
including
(i) Resource management direction
contained in land management and
other plans;
(ii) Public benefits provided;
(iii) Cost and life expectancy of the
authorized facilities;
(iv) Financial arrangements for the
project; and
(v) The life expectancy of associated
facilities, licenses, etc. Except for special use authorizations issued under
the National Forest Ski Area Permit
Act of 1986, authorizations exceeding 30
years shall provide for revision of
terms and conditions at specified intervals to reflect changing times and conditions.
(2) Ski area permits. (i) For authorizations issued under the National Forest
Ski Area Permit Act of 1986, the authorized officer normally shall issue a
ski area authorization for 40 years, if,
upon consideration of information submitted by the applicant, the authorized
officer finds that the ski area development meets the following standards:
(A) In the case of an existing permit
holder, existing on-site investment is
of sufficient magnitude to justify authorization for 40 years;
(B) In the case of an existing permit
holder, existing investment of capital
is in ski-related facilities;
(C) Planned investment capital is directly related to development of ski
area facilities and is not for financing
regular, ongoing operation and maintenance costs;
(D) Ski facilities requiring long-term
investment are, or will be, located predominately on land authorized under a
permit;
(E) The number and magnitude of
planned facilities, as detailed in a Master Development Plan, clearly require
long-term financing and/or operation;
(F) The United States is not the
owner of the principal facilities within
the authorized ski area.
(ii) A term of less than 40 years shall
be authorized for a ski area when the
applicant requests a shorter term or
when, in the authorized officer’s discretion:

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(A) Analysis of the information submitted by the applicant indicates that
a shorter term is sufficient for financing of the ski area;
(B) The ski area development, whether existing or proposed, does not meet
the standards of paragraph (2)(i)(A)
through (F) of this section; or
(C) A 40-year authorization would be
inconsistent with the approved forest
land and resource management plan
governing the area (36 CFR part 219).
(c) Preconstruction approvals. Forest
Service approval of location, design
and plans (or standards, if appropriate)
of all developments within the authorized area will be required prior to construction.
(d) Liability. Holders shall pay the
United States for all injury, loss, or
damage, including fire suppression
costs, in accordance with existing Federal and State laws.
(1) Holders shall also indemnify the
United States for any and all injury,
loss, or damage, including fire suppression costs, the United States may suffer as a result of claims, demands,
losses, or judgments caused by the
holder’s use or occupancy.
(2) Holders of special use authorizations for high risk use and occupancy,
such as, but not limited to, powerlines
and oil and gas pipelines, shall be held
liable for all injury, loss, or damage,
including fire suppression costs, caused
by the holder’s use or occupancy, without regard to the holder’s negligence,
provided that maximum liability shall
be specified in the special use authorization as determined by a risk assessment, prepared in accordance with established agency procedures, but shall
not exceed $1,000,000 for any one occurrence. Liability for injury, loss, or
damage, including fire suppression
costs, in excess of the specified maximum shall be determined by the laws
governing ordinary negligence of the
jurisdiction in which the damage or injury occurred.
(e) Bonding. An authorized officer
may require the holder of a special use
authorization for other than a noncommercial group use to furnish a bond
or other security to secure all or any of
the obligations imposed by the terms
of the authorization or by any applicable law, regulation or order.

(f) Special terms and conditions—(1)
Public service enterprises. Special use
permits authorizing the operation of
public service enterprises shall require
that the permittee charge reasonable
rates and furnish such services as may
be necessary in the public interest, except where such rates and services are
regulated by Federal, State or municipal agencies having jurisdiction.
(2) Common carriers. Oil and gas pipelines and related facilities authorized
under section 28 of the Mineral Leasing
Act of 1920, 41 Stat. 449, as amended (30
U.S.C. 185), shall be constructed, operated and maintained as common carriers. The owners or operators of pipelines shall accept, convey, transport, or
purchase without discrimination all oil
or gas delivered to the pipeline without
regard to whether such oil or gas was
produced on Federal or nonfederal
lands. In the case of oil or gas produced
from Federal lands or from the resources on the Federal lands in the vicinity of the pipeline, the Secretary
may, after a full hearing with due notice thereof to interested parties and a
proper finding of facts, determine the
proportionate amounts to be accepted,
conveyed, transported, or purchased.
The common carrier provisions of this
section shall not apply to any natural
gas pipeline operated (i) by any person
subject to regulation under the Natural
Gas Act, 52 Stat. 821, as amended, (15
U.S.C. 717) or (ii) by any public utility
subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and
charges for the sale of natural gas to
consumers within the State or municipality. Where natural gas not subject
to State regulatory or conservation
laws governing its purchase by pipeline
companies is offered for sale, each pipeline company shall purchase, without
discrimination, any such natural gas
produced in the vicinity of the pipeline.
(g) Conversion of Ski Area Authorizations. (1) The Forest Service shall request that all existing permit holders
convert existing authorizations for ski
areas to a new authorization issued
pursuant to the National Forest Ski
Area Permit Act.

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36 CFR Ch. II (7–1–08 Edition)

(2) Any current holder of a ski area
permit who wishes to convert an existing permit to one issued pursuant to
the National Forest Ski Area Permit
Act must submit a written request for
the new authorization to the authorized officer.
(3) With the consent of the holder,
the authorized officer shall convert the
authorization if:
(i) The holder is in compliance with
the existing authorization;
(ii) All fees currently due under the
existing authorization are paid in full;
and
(iii) Any proposed modifications of
terms and conditions of the existing
authorization included in a request for
conversion meet the standards of paragraphs (2)(i) (A) through (F) of this section and the relevant requirements of
this subpart.
(4) A holder retains the right to decline a new authorization offered pursuant to this paragraph and to continue to operate under the terms of the
existing permit. However, pursuant to
the rules at § 251.61 of this subpart,
major modifications of existing permits shall require conversion to a permit issued under the authority of the
National Forest Ski Area Permit Act,
unless the holder provides compelling
justification for retaining the existing
permit.

rfrederick on PROD1PC67 with CFR

[45 FR 38327, June 6, 1980, as amended at 49
FR 46895, Nov. 29, 1984; 54 FR 22594, May 25,
1989; 60 FR 45294, Aug. 30, 1995; 63 FR 65967,
Nov. 30, 1998; 64 FR 48960, Sept. 9, 1999]

§ 251.57 Rental fees.
(a) Except as otherwise provided in
this part or when specifically authorized by the Secretary of Agriculture,
special use authorizations shall require
the payment in advance of an annual
rental fee as determined by the authorized officer.
(1) The fee shall be based on the fair
market value of the rights and privileges authorized, as determined by appraisal or other sound business management principles.
(2) Where annual fees of one hundred
dollars ($100) or less are assessed, the
authorized officer may require either
annual payment or a payment covering
more than one year at a time. If the
annual fee is greater than one hundred

dollars ($100), holders who are private
individuals (that is, acting in an individual capacity), as opposed to those
who are commercial, other corporate,
or business or government entities,
may, at their option, elect to make either annual payments or payments
covering more than one year.
(3) A base cabin user fee for a recreation residence use shall be 5 percent of
the market value of the recreation residence lot, established by an appraisal
conducted in accordance with the Act
of October 11, 2000 (16 U.S.C. 6201–13).
(b) All or part of the fee may be
waived by the authorized officer, when
equitable and in the public interest, for
the use and occupancy of National Forest System land in the following circumstances:
(1) The holder is a State or local government or any agency or instrumentality thereof, excluding municipal
utilities and cooperatives whose principal source of revenue from the authorized use is customer charges; or
(2) The holder is a nonprofit association or nonprofit corporation, which is
not controlled or owned by profit-making corporations or business enterprises, and which is engaged in public
or semi-public activity to further public health, safety, or welfare, except
that free use will not be authorized
when funds derived by the holder
through the authorization are used to
increase the value of the authorized
improvements owned by the holder, or
are used to support other activities of
the holder; or
(3) The holder provides without
charge, or at reduced charge, a valuable benefit to the public or to the programs of the Secretary; or
(4) When the rental fee is included in
the fees for an authorized use or occupancy for which the United States is
already receiving compensation; or
(5) When a right-of-way is authorized
in reciprocation for a right-of-way conveyed to the United States; or
(6) For rights-of-way involving costshare roads or reciprocal right-of-way
agreements.
(c) No rental fee will be charged when
the holder is the Federal government.
(d) No fee shall be charged when the
authorization is for a noncommercial

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§ 251.58

group use as defined in § 251.51 of this
subpart.
(e) Special use authorizations issued
under § 251.53(g) of this part may require as all or a part of the consideration the reconditioning and maintenance of the government-owned or controlled structures, improvements, and
land to a satisfactory standard. The
total consideration will be based upon
the fair market value of the rights and
privileges authorized.
(f) Special use authorizations involving government-owned or controlled
buildings, structures, or other improvements which require caretakers’ services, or the furnishing of special services such as water, electric lights, and
clean-up, may require the payment of
an additional fee or charge to cover the
cost of such services.
(g) Except where specified otherwise
by terms of a special use authorization,
rental fees may be initiated or adjusted
whenever necessary: (1) As a result of
fee review, reappraisal; or (2) upon a
change in the holder’s qualifications
under paragraph (b) of this section; and
(3) notice is given prior to initiating or
adjusting rental fees.
(h) Each ski area authorization
issued under the authority of the National Forest Ski Area Permit Act
shall include a clause that provides
that the Forest Service may adjust and
calculate future rental fees to reflect
Agency revisions to the existing system for determining fees based on fair
market value or to comply with any
new fee system for determining fees
based on fair market value that may be
adopted after issuance of the authorization.
(i) Each permit or term permit for a
recreation residence use shall include a
clause stating that the Forest Service
shall recalculate the base cabin user
fee at least every 10 years and shall use
an appraisal to recalculate that fee as
provided in paragraph (a)(3) of this section.

rfrederick on PROD1PC67 with CFR

[45 FR 38327, June 6, 1980, as amended at 51
FR 16683, May 6, 1986; 54 FR 22594, May 25,
1989; 60 FR 45294, Aug. 30, 1995; 63 FR 65967,
Nov. 30, 1998; 71 FR 16621, Apr. 3, 2006]

§ 251.58 Cost recovery.
(a) Assessment of fees to recover agency
processing and monitoring costs. The For-

est Service shall assess fees to recover
the agency’s processing costs for special use applications and monitoring
costs for special use authorizations.
Applicants and holders shall submit
sufficient information for the authorized officer to estimate the number of
hours required to process their applications or monitor their authorizations.
Cost recovery fees are separate from
any fees charged for the use and occupancy of National Forest System lands.
(b) Special use applications and authorizations subject to cost recovery requirements. Except as exempted in paragraphs (g)(1) through (g)(4) of this section, the cost recovery requirements of
this section apply in the following situations to the processing of special use
applications and monitoring of special
use authorizations issued pursuant to
this subpart:
(1) Applications for use and occupancy
that require a new special use authorization. Fees for processing an application
for a new special use authorization
shall apply to any application formally
accepted by the agency on or after
March 23, 2006 and to any application
formally accepted by the agency before
March 23, 2006, which the agency has
not commenced processing. Proposals
accepted as applications which the
agency has commenced processing
prior to March 23, 2006 shall not be subject to processing fees. The cost recovery provisions of this section shall not
apply to or supersede written agreements providing for recovery of processing costs executed by the agency
and applicants prior to March 23, 2006.
(2) Changes to existing authorizations.
Processing fees apply to proposals that
require an application to amend or formally approve specific activities or facilities as identified in an existing authorization, operating plan, or master
development plan. Processing fees also
apply to agency actions to amend a
special use authorization.
(3) Agency actions to issue a special use
authorization
and
applications
for
issuance of a new special use authorization due to termination of an existing authorization, including termination caused
by expiration, a change in ownership or
control of the authorized facilities, or a
change in ownership or control of the

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holder of the authorization. Upon termination of an existing authorization, a
holder shall be subject to a processing
fee for issuance of a new authorization,
even if the holder’s existing authorization does not require submission of an
application for a new authorization.
(4) Monitoring of authorizations
issued or amended on or after March 23,
2006.
(c) Processing fee requirements. A processing fee is required for each application for or agency action to issue a special use authorization as identified in
paragraphs (b)(1) through (b)(3) of this
section. Processing fees do not include
costs incurred by the applicant in providing information, data, and documentation necessary for the authorized
officer to make a decision on the proposed use or occupancy pursuant to the
provisions at § 251.54.
(1) Basis for processing fees. The processing fee categories 1 through 6 set
out in paragraphs (c)(2)(i) through
(c)(2)(vi) of this section are based upon
the costs that the Forest Service incurs in reviewing the application, conducting environmental analyses of the
effects of the proposed use, reviewing
any applicant-generated environmental
documents and studies, conducting site
visits, evaluating an applicant’s technical and financial qualifications, making a decision on whether to issue the
authorization, and preparing documentation of analyses, decisions, and
authorizations for each application.
The processing fee for an application
shall be based only on costs necessary
for processing that application. ‘‘Necessary for’’ means that but for the application, the costs would not have
been incurred and that the costs cover
only those activities without which the
application cannot be processed. The
processing fee shall not include costs
for studies for programmatic planning
or analysis or other agency management objectives, unless they are necessary for the application being processed. For example, the processing fee
shall not include costs for capacity
studies, use allocation decisions, corridor or communications site planning,
and biological studies that address species diversity, unless they are necessary for the application. Proportional costs for analyses, such as ca-

pacity studies, that are necessary for
an application may be included in the
processing fee for that application. The
costs incurred for processing an application, and thus the processing fee, depend on the complexity of the project;
the amount of information that is necessary for the authorized officer’s decision in response to the proposed use
and occupancy; and the degree to
which the applicant can provide this
information to the agency. Processing
work conducted by the applicant or a
third party contracted by the applicant
minimizes the costs the Forest Service
will incur to process the application,
and thus reduces the processing fee.
The total processing time is the total
time estimated for all Forest Service
personnel involved in processing an application and is estimated case by case
to determine the fee category.
(i) Processing fee determinations. The
applicable fee rate for processing applications in minor categories 1 through 4
(paragraphs (c)(2)(i) through (c)(2)(iv)
of this section) shall be assessed from a
schedule. The processing fee for applications in category 5, which may be either minor or major, shall be established in the master agreement (paragraph (c)(2)(v) of this section). For
major category 5 (paragraph (c)(2)(v) of
this section) and category 6 (paragraph
(c)(2)(vi) of this section) cases, the authorized officer shall estimate the
agency’s full actual processing costs.
The estimated processing costs for category 5 and category 6 cases shall be
reconciled as provided in paragraphs
(c)(5)(ii) and (iii) and (c)(6)(ii) and (iii)
of this section.
(ii) Reduction in processing fees for certain category 6 applications. For category 6 applications submitted under
authorities other than the Mineral
Leasing Act, the applicant:
(A) May request a reduction of the
processing fee based upon the applicant’s written analysis of actual costs,
the monetary value of the rights and
privileges sought, that portion of the
costs incurred for the benefit of the
general public interest, the public service provided, the efficiency of the agency processing involved, and other factors relevant to determining the reasonableness of the costs. The agency
will determine whether the estimate of

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full actual costs should be reduced
based upon this analysis and will notify the applicant in writing of this determination; or
(B) May agree in writing to waive
payment of reasonable costs and pay
the actual costs incurred in processing
the application.
(2) Processing fee categories. No fee is
charged for applications taking 1 hour
or less for the Forest Service to process. Applications requiring more than 1
hour for the agency to process are covered by the fee categories 1 through 6
set out in the following paragraphs i
through vi.
(i) Category 1: Minimal Impact: More
than 1 hour and up to and including 8
hours. The total estimated time in this
minor category is more than 1 hour
and up to and including 8 hours for
Forest Service personnel to process an
application.
(ii) Category 2: More than 8 and up to
and including 24 hours. The total estimated time in this minor category is
more than 8 and up to and including 24
hours for Forest Service personnel to
process an application.
(iii) Category 3: More than 24 and up to
and including 36 hours. The total estimated time in this minor category is
more than 24 and up to and including 36
hours for Forest Service personnel to
process an application.
(iv) Category 4: More than 36 and up to
and including 50 hours. The total estimated time in this minor category is
more than 36 and up to and including 50
hours for Forest Service personnel to
process an application.
(v) Category 5: Master agreements. The
Forest Service and the applicant may
enter into master agreements for the
agency to recover processing costs associated with a particular application,
a group of applications, or similar applications for a specified geographic
area. This category is minor if 50 hours
or less are needed for Forest Service
personnel to process an application and
major if more than 50 hours are needed.
In signing a master agreement for a
major category application submitted
under authorities other than the Mineral Leasing Act, an applicant waives
the right to request a reduction of the
processing fee based upon the reasonableness factors enumerated in para-

graph (c)(1)(ii)(A) of this section. A
master agreement shall at a minimum
include:
(A) The fee category or estimated
processing costs;
(B) A description of the method for
periodic billing, payment, and auditing;
(C) A description of the geographic
area covered by the agreement;
(D) A work plan and provisions for
updating the work plan;
(E) Provisions for reconciling differences between estimated and final
processing costs; and
(F) Provisions for terminating the
agreement.
(vi) Category 6: More than 50 hours. In
this major category more than 50 hours
are needed for Forest Service personnel
to process an application. The authorized officer shall determine the issues
to be addressed and shall develop preliminary work and financial plans for
estimating recoverable costs.
(3) Multiple applications other than
those covered by master agreements (category 5). (i) Unsolicited applications
where there is no competitive interest.
Processing costs that are incurred in
processing more than one of these applications (such as the cost of environmental analysis or printing an environmental impact statement that relates
to all of the applications) must be paid
in equal shares or on a prorated basis,
as deemed appropriate by the authorized officer, by each applicant, including applicants for recreation special
uses that are otherwise exempt under
paragraph (g)(3) of this section when
the Forest Service requires more than
50 hours in the aggregate to process the
applications submitted in response to
the prospectus.
(ii) Unsolicited proposals where competitive interest exists. When there is one
or more unsolicited proposals and the
authorized officer determines that
competitive interest exists, the agency
shall issue a prospectus. All proposals
accepted pursuant to that solicitation
shall be processed as applications. The
applicants are responsible for the costs
of environmental analyses that are
necessary for their applications and
that are conducted prior to issuance of
the prospectus. Processing fees for

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these cases shall be determined pursuant to the procedures for establishing a
category 6 processing fee and shall include costs such as those incurred in
printing and mailing the prospectus;
having parties other than the Forest
Service review and evaluate applications; establishing a case file; recording data; conducting financial reviews;
and, for selected applicants, any additional environmental analysis required
in connection with their applications.
Processing fees shall be paid in equal
shares or on a prorated basis, as
deemed appropriate by the authorized
officer, by all parties who submitted
proposals that were processed as applications pursuant to the solicitation,
including applicants for recreation special uses that are otherwise exempt
under paragraph (g)(3) of this section
when the Forest Service requires more
than 50 hours in the aggregate to process the applications submitted in response to the prospectus.
(iii) Solicited applications. When the
Forest Service solicits applications
through the issuance of a prospectus on
its own initiative, rather than in response to an unsolicited proposal or
proposals, the agency is responsible for
the cost of environmental analyses
conducted prior to issuance of the prospectus. All proposals accepted pursuant to that solicitation shall be processed as applications. Processing fees
for these cases shall be determined pursuant to the procedures for establishing a category 6 processing fee and
shall include costs such as those incurred in printing and mailing the prospectus; having parties other than the
Forest Service review and evaluate applications; establishing a case file; recording data; conducting financial reviews; and, for selected applicants, any
additional environmental analysis required in connection with their applications. Processing fees shall be paid in
equal shares or on a prorated basis, as
deemed appropriate by the authorized
officer, by all parties who submitted
proposals that were processed as applications pursuant to the solicitation,
including applicants for recreation special uses that are otherwise exempt
under paragraph (g)(3) of this section
when the Forest Service requires more
than 50 hours in the aggregate to proc-

ess the applications submitted in response to the prospectus.
(4) Billing and revision of processing
fees. (i) Billing. When the Forest Service accepts a special use application,
the authorized officer shall provide
written notice to the applicant that
the application has been formally accepted. The authorized officer shall not
bill the applicant a processing fee until
the agency is prepared to process the
application.
(ii) Revision of processing fees. Minor
category processing fees shall not be
reclassified into a higher minor category once the processing fee category
has been determined. However, if the
authorized officer discovers previously
undisclosed information that necessitates changing a minor category
processing fee to a major category
processing fee, the authorized officer
shall notify the applicant or holder of
the conditions prompting a change in
the processing fee category in writing
before continuing with processing the
application. The applicant or holder
may accept the revised processing fee
category and pay the difference between the previous and revised processing categories; withdraw the application; revise the project to lower the
processing costs; or request review of
the disputed fee as provided in paragraphs (e)(1) through (e)(4) of this section.
(5) Payment of processing fees. (i) Payment of a processing fee shall be due
within 30 days of issuance of a bill for
the fee, pursuant to paragraph (c)(4) of
this section. The processing fee must
be paid before the Forest Service can
initiate or, in the case of a revised fee,
continue with processing an application. Payment of the processing fee by
the applicant does not obligate the
Forest Service to authorize the applicant’s proposed use and occupancy.
(ii) For category 5 cases, when the estimated processing costs are lower
than the final processing costs for applications covered by a master agreement, the applicant shall pay the difference between the estimated and
final processing costs.
(iii) For category 6 cases, when the
estimated processing fee is lower than
the full actual costs of processing an

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application submitted under the Mineral Leasing Act, or lower than the full
reasonable costs (when the applicant
has not waived payment of reasonable
costs) of processing an application submitted under other authorities, the applicant shall pay the difference between the estimated and full actual or
reasonable processing costs.
(6) Refunds of processing fees. (i) Processing fees in minor categories 1
through 4 are nonrefundable and shall
not be reconciled.
(ii) For category 5 cases, if payment
of the processing fee exceeds the agency’s final processing costs for the applications covered by a master agreement, the authorized officer either
shall refund the excess payment to the
applicant or, at the applicant’s request,
shall credit it towards monitoring fees
due.
(iii) For category 6 cases, if payment
of the processing fee exceeds the full
actual costs of processing an application submitted under the Mineral Leasing Act, or the full reasonable costs
(when the applicant has not waived
payment of reasonable costs) of processing an application submitted under
other authorities, the authorized officer either shall refund the excess payment to the applicant or, at the applicant’s request, shall credit it towards
monitoring fees due.
(iv) For major category 5 and category 6 applications, an applicant
whose application is denied or withdrawn in writing is responsible for
costs incurred by the Forest Service in
processing the application up to and including the date the agency denies the
application or receives written notice
of the applicant’s withdrawal. When an
applicant withdraws a major category 5
or category 6 application, the applicant
also is responsible for any costs subsequently incurred by the Forest Service
in terminating consideration of the application.
(7) Customer service standards. The
Forest Service shall endeavor to make
a decision on an application that falls
into minor processing category 1, 2, 3,
or 4, and that is subject to a categorical exclusion pursuant to the National
Environmental Policy Act, within 60
calendar days from the date of receipt
of the processing fee. If the application

cannot be processed within the 60-day
period, then prior to the 30th calendar
day of the 60-day period, the authorized
officer shall notify the applicant in
writing of the reason why the application cannot be processed within the 60day period and shall provide the applicant with a projected date when the
agency plans to complete processing
the application. For all other applications, including all applications that
require an environmental assessment
or an environmental impact statement,
the authorized officer shall, within 60
calendar days of acceptance of the application, notify the applicant in writing of the anticipated steps that will be
needed to process the application.
These customer service standards do
not apply to applications that are subject to a waiver of or exempt from cost
recovery fees under §§ 251.58(f) or (g).
(d) Monitoring fee requirements. The
monitoring fee for an authorization
shall be assessed independently of any
fee charged for processing the application for that authorization pursuant to
paragraph (c) of this section. Payment
of the monitoring fee is due upon
issuance of the authorization.
(1) Basis for monitoring fees. Monitoring is defined at § 251.51. For monitoring fees in minor categories 1
through 4, authorization holders are
assessed fees based upon the estimated
time needed for Forest Service monitoring to ensure compliance with the
authorization during the construction
or reconstruction of temporary or permanent facilities and rehabilitation of
the construction or reconstruction
site. Major category 5 and category 6
monitoring fees shall be based upon the
agency’s estimated costs to ensure
compliance with the terms and conditions of the authorization during all
phases of its term, including but not
limited to monitoring to ensure compliance with the authorization during
the construction or reconstruction of
temporary or permanent facilities and
rehabilitation of the construction or
reconstruction site. Monitoring for all
categories does not include billings,
maintenance of case files, annual performance evaluations, or scheduled inspections to determine compliance generally with the terms and conditions of
an authorization.

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(i) Monitoring fee determinations. The
applicable fee rate for monitoring compliance with authorizations in minor
categories 1 through 4 (paragraphs
(d)(2)(i) through (d)(2)(iv) of this section) shall be assessed from a schedule.
The monitoring fee for authorizations
in category 5, which may be minor or
major, shall be established in the master agreement (paragraph (d)(2)(v) of
this section). For major category 5
(paragraph (d)(2)(v) of this section) and
category 6 (paragraph (d)(2)(vi) of this
section) cases, the authorized officer
shall estimate the agency’s full actual
monitoring costs. The estimated monitoring costs for category 5 and category 6 cases shall be reconciled as provided in paragraphs (d)(3)(ii) and (iii)
and (d)(4)(ii) and (iii) of this section.
(ii) Reductions in monitoring fees for
certain category 6 authorizations. For
category 6 authorizations issued under
authorities other than the Mineral
Leasing Act, the holder:
(A) May request a reduction of the
monitoring fee based upon the holder’s
written analysis of actual costs, the
monetary value of the rights or privileges granted, that portion of the costs
incurred for the benefit of the general
public interest, the public service provided, the efficiency of the agency
monitoring involved, and other factors
relevant to determining the reasonableness of the costs. The agency will
determine whether the estimate of full
actual costs should be reduced based
upon this analysis and will notify the
holder in writing of this determination;
or
(B) May agree in writing to waive
payment of reasonable costs and pay
the actual costs incurred in monitoring
the authorization.
(2) Monitoring fee categories. No monitoring fee is charged for authorizations
requiring 1 hour or less for the Forest
Service to monitor. Authorizations requiring more than1 hour for the agency
to monitor are covered by fee categories 1 through 6 set out in the following paragraphs (d)(2)(i) through (vi)
of this section.
(i) Category 1: Minimal Impact: More
than 1 hour and up to and including 8
hours. This minor category requires
more than1 hour and up to and including 8 hours for Forest Service per-

sonnel to monitor compliance with a
special use authorization during construction or reconstruction of temporary or permanent facilities and rehabilitation of the construction or reconstruction site.
(ii) Category 2: More than 8 and up to
and including 24 hours. This minor category requires more than 8 and up to
and including 24 hours for Forest Service personnel to monitor compliance
with a special use authorization during
construction or reconstruction of temporary or permanent facilities and rehabilitation of the construction or reconstruction site.
(iii) Category 3: More than 24 and up to
and including 36 hours. This minor category requires more than 24 and up to
and including 36 hours for Forest Service personnel to monitor compliance
with a special use authorization during
construction or reconstruction of temporary or permanent facilities and rehabilitation of the construction or reconstruction site.
(iv) Category 4: More than 36 and up to
and including 50 hours. This minor category requires more than 36 and up to
and including 50 hours for Forest Service personnel to monitor compliance
with a special use authorization during
construction or reconstruction of temporary or permanent facilities and rehabilitation of the construction or reconstruction site.
(v) Category 5: Master agreements. The
Forest Service and the holder of an authorization may enter into a master
agreement for the agency to recover
monitoring costs associated with a particular authorization or by a group of
authorizations for a specified geographic area. This category is minor if
50 hours or less are needed for Forest
Service personnel to monitor compliance with an authorization and major
if more than 50 hours are needed. In
signing a master agreement for a major
category authorization issued under
authorities other than the Mineral
Leasing Act, a holder waives the right
to request a reduction of the monitoring fee based upon the reasonableness factors enumerated in paragraph
(d)(1)(ii)(A) of this section. A master
agreement shall at a minimum include:
(A) The fee category or estimated
monitoring costs;

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(B) A description of the method for
periodic billing, payment, and auditing
of monitoring fees;
(C) A description of the geographic
area covered by the agreement;
(D) A monitoring work plan and provisions for updating the work plan;
(E) Provisions for reconciling differences between estimated and final
monitoring costs; and
(F) Provisions for terminating the
agreement.
(vi) Category 6: More than 50 hours.
This major category requires more
than 50 hours for Forest Service personnel to monitor compliance with the
terms and conditions of the authorization during all phases of its term, including, but not limited, to monitoring
compliance with the authorization during the construction or reconstruction
of temporary or permanent facilities
and rehabilitation of the construction
or reconstruction site.
(3) Billing and payment of monitoring
fees. (i) The authorized officer shall estimate the monitoring costs and shall
notify the holder of the required fee.
Monitoring fees in minor categories 1
through 4 must be paid in full before or
at the same time the authorization is
issued. For authorizations in major
category 5 and category 6, the estimated monitoring fees must be paid in
full before or at the same time the authorization is issued, unless the authorized officer and the applicant or
holder agree in writing to periodic payments.
(ii) For category 5 cases, when the estimated monitoring costs are lower
than the final monitoring costs for authorizations covered by a master agreement, the holder shall pay the difference between the estimated and
final monitoring costs.
(iii) For category 6 cases, when the
estimated monitoring fee is lower than
the full actual costs of monitoring an
authorization issued under the Mineral
Leasing Act, or lower than the full reasonable costs (when the holder has not
waived payment of reasonable costs) of
monitoring an authorization issued
under other authorities, the holder
shall pay the difference in the next
periodic payment or the authorized officer shall bill the holder for the difference between the estimated and full

actual or reasonable monitoring costs.
Payment shall be due within 30 days of
receipt of the bill.
(4) Refunds of monitoring fees. (i) Monitoring fees in minor categories 1
through 4 are nonrefundable and shall
not be reconciled.
(ii) For category 5 cases, if payment
of the monitoring fee exceeds the agency’s final monitoring costs for the authorizations covered by a master agreement, the authorized officer shall either adjust the next periodic payment
to reflect the overpayment or refund
the excess payment to the holder.
(iii) For category 6 cases, if payment
of the monitoring fee exceeds the full
actual costs of monitoring an authorization issued under the Mineral Leasing Act, or the full reasonable costs
(when the holder has not waived payment of reasonable costs) of monitoring an authorization issued under
other authorities, the authorized officer shall either adjust the next periodic
payment to reflect the overpayment or
refund the excess payment to the holder.
(e) Applicant and holder disputes concerning processing or monitoring fee assessments; requests for changes in fee categories or estimated costs. (1) If an applicant or holder disagrees with the processing or monitoring fee category assigned by the authorized officer for a
minor category or, in the case of a
major processing or monitoring category, with the estimated dollar
amount of the processing or monitoring costs, the applicant or holder
may submit a written request before
the disputed fee is due for substitution
of an alternative fee category or alternative estimated costs to the immediate supervisor of the authorized officer who determined the fee category or
estimated costs. The applicant or holder must provide documentation that
supports the alternative fee category
or estimated costs.
(2) In the case of a disputed processing fee:
(i) If the applicant pays the full disputed processing fee, the authorized officer shall continue to process the application during the supervisory officer’s review of the disputed fee, unless
the applicant requests that the processing cease.

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(ii) If the applicant fails to pay the
full disputed processing fee, the authorized officer shall suspend further
processing of the application pending
the supervisory officer’s determination
of an appropriate processing fee and
the applicant’s payment of that fee.
(3) In the case of a disputed monitoring fee:
(i) If the applicant or holder pays the
full disputed monitoring fee, the authorized officer shall issue the authorization or allow the use and occupancy
to continue during the supervisory officer’s review of the disputed fee, unless
the applicant or holder elects not to
exercise the authorized use and occupancy of National Forest System lands
during the review period.
(ii) If the applicant or holder fails to
pay the full disputed monitoring fee,
the authorized officer shall not issue
the applicant a new authorization or
shall suspend the holder’s existing authorization in whole or in part pending
the supervisory officer’s determination
of an appropriate monitoring fee and
the applicant’s or holder’s payment of
that fee.
(4) The authorized officer’s immediate supervisor shall render a decision
on a disputed processing or monitoring
fee within 30 calendar days of receipt of
the written request from the applicant
or holder. The supervisory officer’s decision is the final level of administrative review. The dispute shall be decided in favor of the applicant or holder if the supervisory officer does not respond to the written request within 30
days of receipt.
(f) Waivers of processing and monitoring fees. (1) All or part of a processing or monitoring fee may be
waived, at the sole discretion of the authorized officer, when one or more of
the following criteria are met:
(i) The applicant or holder is a local,
State, or Federal governmental entity
that does not or would not charge processing or monitoring fees for comparable services the applicant or holder
provides or would provide to the Forest
Service;
(ii) A major portion of the processing
costs results from issues not related to
the project being proposed;
(iii) The application is for a project
intended to prevent or mitigate dam-

age to real property, or to mitigate
hazards or dangers to public health and
safety resulting from an act of God, an
act of war, or negligence of the United
States;
(iv) The application is for a new authorization to relocate facilities or activities to comply with public health
and safety or environmental laws and
regulations that were not in effect at
the time the authorization was issued;
(v) The application is for a new authorization to relocate facilities or activities because the land is needed by a
Federal agency or for a Federally funded project for an alternative public
purpose; or
(vi) The proposed facility, project, or
use will provide, without user or customer charges, a valuable benefit to
the general public or to the programs
of the Secretary of Agriculture.
(2) An applicant’s or holder’s request
for a full or partial waiver of a processing or monitoring fee must be in
writing and must include an analysis
that demonstrates how one or more of
the criteria in paragraphs (f)(1)(i)
through (f)(1)(vi) of this section apply.
(g) Exemptions from processing or monitoring fees. No processing or monitoring
fees shall be charged when the application or authorization is for a:
(1) Noncommercial group use as defined in § 251.51, or when the application or authorization is to exempt a
noncommercial activity from a closure
order, except for an application or authorization for access to non-Federal
lands within the boundaries of the National Forest System granted pursuant
to section 1323(a) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3210(a)).
(2) Water systems authorized by section 501(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1761(c)).
(3) A use or activity conducted by a
Federal agency that is not authorized
under Title V of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761–1771); the Mineral Leasing
Act of 1920 (30 U.S.C. 185); the National
Historic Preservation Act of 1966 (16
U.S.C. 470h–2); or the Act of May 26,
2000 (16 U.S.C. 460l–6d).

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(4) Recreation special use as defined
in the Forest Service’s directive system and requires 50 hours or less for
Forest Service personnel to process, except for situations involving multiple
recreation special use applications provided for in paragraph (c)(3) of this section. No monitoring fees shall be
charged for a recreation special use authorization that requires 50 hours or
less for Forest Service personnel to
monitor.
(h) Appeal of decisions. (1) A decision
by the authorized officer to assess a
processing or monitoring fee or to determine the fee category or estimated
costs is not subject to administrative
appeal.
(2) A decision by an authorized officer’s immediate supervisor in response
to a request for substitution of an alternative fee category or alternative
estimated costs likewise is not subject
to administrative appeal.
(i) Processing and monitoring fee schedules. (1) The Forest Service shall maintain schedules for processing and monitoring fees in its directive system (36
CFR 200.4). The rates in the schedules
shall be updated annually by using the
annual rate of change, second quarter
to second quarter, in the Implicit Price
Deflator-Gross Domestic Product (IPD–
GDP) index. The Forest Service shall
round the changes in the rates either
up or down to the nearest dollar.
(2) Within 5 years of the effective
date of this rule, March 23, 2006, the
Forest Service shall review these rates:
(i) To determine whether they are
commensurate with the actual costs
incurred by the agency in conducting
the processing and monitoring activities covered by this rule and
(ii) To assess consistency with processing and monitoring fee schedules established by the United States Department of the Interior, Bureau of Land
Management.

rfrederick on PROD1PC67 with CFR

[71 FR 8913, Feb. 21, 2006]

§ 251.59 Transfer of authorized improvements.
If the holder, through death, voluntary sale, transfer, or through enforcement of a valid legal proceeding
or operation of law, ceases to be the
owner of the authorized improvements,
the authorization terminates upon

change of ownership. Except for easements issued under authorities other
than § 251.53(e) and leases and easements under § 251.53(l) of this subpart,
the new owner of the authorized improvements must apply for and receive
a new special use authorization. The
new owner must meet requirements
under applicable regulations of this
subpart and agree to comply with the
terms and conditions of the authorization and any new terms and conditions
warranted by existing or prospective
circumstances.
[63 FR 65967, Nov. 30, 1998]

§ 251.60 Termination, revocation, and
suspension.
(a) Grounds for termination, revocation,
and suspension—(1) Noncommercial group
uses. (i) Revocation or suspension. An authorized officer may revoke or suspend
a special use authorization for a noncommercial group use only under one
of the following circumstances:
(A) Under the criteria for which an
application for a special use authorization may be denied under § 251.54(h)(1);
(B) For noncompliance with applicable statutes or regulations or the terms
and conditions of the authorization;
(C) For failure of the holder to exercise the rights or privileges granted; or
(D) With the consent of the holder.
(ii) Administrative or judicial review.
Revocation or suspension of a special
use authorization under this paragraph
constitutes final agency action and is
immediately subject to judicial review.
(iii) Termination. A special use authorization for a noncommercial group
use terminates when it expires by its
own terms. Termination of a special
use authorization under this paragraph
does not involve agency action and is
not subject to administrative or judicial review.
(2) All other special uses. (i) Revocation
or suspension. An authorized officer
may revoke or suspend a special use
authorization for all other special uses,
except an easement issued pursuant to
§ 251.53 (e) and (l):
(A) For noncompliance with applicable statutes, regulations, or the terms
and conditions of the authorization;
(B) For failure of the holder to exercise the rights or privileges granted;
(C) With the consent of the holder; or

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§ 251.61

36 CFR Ch. II (7–1–08 Edition)

(D) At the discretion of the authorized officer for specific and compelling
reasons in the public interest.
(ii) Administrative review. Except for
revocation or suspension of an easement issued pursuant to § 251.53 (e) and
(l) of this subpart, a suspension or revocation of a special use authorization
under this paragraph is subject to administrative appeal and review in accordance with 36 CFR part 251, subpart
C, of this chapter.
(iii) Termination. For all special uses
except noncommercial group uses, a
special use authorization terminates
when, by its terms, a fixed or agreedupon condition, event, or time occurs.
Termination of a special use authorization under this paragraph does not involve agency action and is not subject
to administrative or judicial review.
(b) For purposes of this section, the
authorized officer is that person who
issues the authorization or that officer’s successor.
(c) A right-of-way authorization
granted to another Federal agency will
be limited, suspended, revoked, or terminated only with that agency’s concurrence.
(d) A right-of-way authorization serving another Federal agency will be limited, suspended, revoked, or terminated
only after advance notice to, and consultation with, that agency.
(e) Except when immediate suspension pursuant to paragraph (f) of this
section is indicated, the authorized officer shall give the holder written notice of the grounds for suspension or
revocation under paragraph (a) of this
section and reasonable time to cure
any noncompliance, prior to suspension
or revocation pursuant to paragraph
(a) of this section.
(f) Immediate suspension of a special
use authorization, in whole or in part,
may be required when the authorized
officer deems it necessary to protect
the public health or safety or the environment. In any such case, within 48
hours of a request of the holder, the superior of the authorized officer shall
arrange for an on-site review of the adverse conditions with the holder. Following this review, the superior officer
shall take prompt action to affirm,
modify, or cancel the suspension.

(g) The authorized officer may suspend or revoke easements issued pursuant to § 251.53 (e) and (l) of this subpart
under the Rules of Practice Governing
Formal Adjudicatory Administrative
Proceedings instituted by the Secretary under 7 CFR 1.130 through 1.151.
No administrative proceeding shall be
required if the easement, by its terms,
provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time.
(h)(1) The Chief may revoke any easement granted under the provisions of
the Act of October 13, 1964, 78 Stat.
1089, 16 U.S.C. 534:
(i) By consent of the owner of the
easement;
(ii) By condemnation; or
(iii) Upon abandonment after a 5-year
period of nonuse by the owner of the
easement.
(2) Before any such easement is revoked for nonuse or abandonment, the
owner of the easement shall be given
notice and, upon the owner’s request
made within 60 days after receipt of the
notice, an opportunity to present relevant information in accordance with
the provisions of 36 CFR part 251, subpart C, of this chapter.
(i) Upon revocation or termination of
a special use authorization, the holder
must remove within a reasonable time
the structures and improvements and
shall restore the site to a condition
satisfactory to the authorized officer,
unless the requirement to remove
structures or improvements is otherwise waived in writing or in the authorization. If the holder fails to remove the structures or improvements
within a reasonable period, as determined by the authorized officer, they
shall become the property of the
United States, but holder shall remain
liable for the costs of removal and site
restoration.
[45 FR 38327, June 6, 1980; 45 FR 43167, June
26, 1980, as amended at 48 FR 28639, June 23,
1983; 60 FR 45295, Aug. 30, 1995; 63 FR 65968,
Nov. 30, 1998]

§ 251.61

Modifications.

(a) A holder shall file a new or
amended application for a special use
authorization to cover new, changed,
or additional use(s) or area.

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Forest Service, USDA

§ 251.65

(1) In approving or denying changes
or modifications, the authorized officer
shall consider among other things, the
findings or recommendations of other
involved agencies and whether the
terms and conditions of the existing
authorization may be continued or revised, or a new authorization issued.
(2) Changes during construction, or
at any other time, from the approved
plans or the location shown in the application or authorization shall be allowed only with the prior approval of
the authorized officer.
(b) A holder may be required to furnish as-built plans, map(s), or survey(s)
upon completion of construction.
(c) A holder shall obtain prior approval from the authorized officer for
modifications to approved uses that involve any activity impacting the environment, other users, or the public.
[45 FR 38327, June 6, 1980, as amended at 63
FR 65968, Nov. 30, 1998]

§ 251.62 Acceptance.
Except for an easement, a special use
authorization shall become effective
when signed by both the applicant and
the authorized officer. The authorization must be signed by the applicant
and returned to the authorized officer
within 60 days of its receipt by the applicant, unless extended by the authorized officer. Refusal of an applicant to
sign and accept a special use authorization within the time allowed, and before its final approval and signature by
an authorized officer, shall terminate
an application and constitute denial of
the requested use and occupancy.
[53 FR 16550, May 10, 1988]

rfrederick on PROD1PC67 with CFR

§ 251.63 Reciprocity.
If it is determined that a right-ofway shall be needed by the United
States across nonfederal lands directly
or indirectly owned or controlled by an
applicant for a right-of-way across Federal lands, the authorized officer may
condition a special use authorization
to require the holder to grant the
United States the needed right-of-way.

is authorized by law, if the project or
facility is still being used for the purpose(s) previously authorized and is
being operated and maintained in accordance with all the provisions of the
authorization. In making such renewal,
the authorized officer may modify the
terms, conditions, and special stipulations to reflect any new requirements
imposed by current Federal and State
land use plans, laws, regulations or
other management decisions. Special
uses may be reauthorized upon expiration so long as such use remains consistent with the decision that approved
the expiring special use or group of
uses. If significant new information or
circumstances have developed, appropriate environmental analysis must accompany the decision to reauthorize
the special use.
(b) When a special use authorization
does not provide for renewal, it is discretionary with the authorized officer,
upon request from the holder and prior
to its expiration, whether or not the
authorization shall be renewed. A renewal pursuant to this section shall
comply with the same provisions contained in paragraph (a) of this section.
[45 FR 38327, June 6, 1980, as amended at 63
FR 65968, Nov. 30, 1998]

§ 251.65 Information
quirements.

collection

The rules of this subpart governing
special use applications (§ 251.54 and
§ 251.59), terms and conditions (§ 251.54),
rental fees (§ 251.57), and modifications
(§ 251.61) specify the information that
proponents or applicants for special use
authorizations or holders of existing
authorizations must provide in order
for an authorized officer to act on a request or administer the authorization.
As such, these rules contain information requirements as defined in 5 CFR
part 1320. These information requirements are assigned OMB Control Number 0596–0082.
[63 FR 65968, Nov. 30, 1998]

§ 251.64 Renewals.
(a) When a special use authorization
provides for renewal, the authorized officer shall renew it where such renewal

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