[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: 36CFR251.55]

[Page 317]
 
              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. 251.55  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.