[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.18]

[Page 305]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                    Subpart A_Miscellaneous Land Uses
 
Sec. 251.18  Rights-of-way reserved by the grantor on lands conveyed 
to the United States.

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

[3 FR 1953, Aug. 9, 1938]

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