[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: 36CFR251.50]

[Page 307-308]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                         Subpart B_Special Uses
 
Sec. 251.50  Scope.

    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.

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


    (a) All uses of National Forest System lands, improvements, and 
resources, except those authorized by the regulations governing sharing 
use of roads (Sec. 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 Sec. 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 
Sec. 251.51 of this subpart;
    (2) The proposed use is still photography as defined in Sec. 251.51 
of this subpart; or
    (3) Authorization of that use is required by an order issued under 
Sec. 261.50 or by a regulation issued under Sec. 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 Sec. 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 Sec. 251.110(d) of this 
part; or
    (2) Authorization of that use is required by an order issued under 
Sec. 261.50 or by a regulation issued under Sec. 261.70 of this 
chapter.
    (e) For proposed uses other than a noncommercial group use, a 
special use authorization is not required if, based

[[Page 308]]

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.

[69 FR 41964, July 13, 2004]