[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: 36CFR251.53]

[Page 310-312]
 
              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. 251.53  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

[[Page 311]]

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 
Sec. 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

[[Page 312]]

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]