[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: 36CFR251.51]

[Page 308-310]
 
              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. 251.51  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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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 occupy 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 Sec. 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.

[[Page 310]]

    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 Sec. 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]