[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: 36CFR251.60]

[Page 329-330]
 
              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. 251.60  Termination, revocation, and suspension.

    (a) Grounds for termination, revocation, and suspension--(1) 
Noncommercial group uses. (i) Revocation or suspension. An authorized 
officer may revoke or suspend a special use authorization for a 
noncommercial group use only under one of the following circumstances:
    (A) Under the criteria for which an application for a special use 
authorization may be denied under Sec. 251.54(h)(1);
    (B) For noncompliance with applicable statutes or regulations or the 
terms and conditions of the authorization;
    (C) For failure of the holder to exercise the rights or privileges 
granted; or
    (D) With the consent of the holder.
    (ii) Administrative or judicial review. Revocation or suspension of 
a special use authorization under this paragraph constitutes final 
agency action and is immediately subject to judicial review.
    (iii) Termination. A special use authorization for a noncommercial 
group use terminates when it expires by its own terms. Termination of a 
special use authorization under this paragraph does not involve agency 
action and is not subject to administrative or judicial review.
    (2) All other special uses. (i) Revocation or suspension. An 
authorized officer may revoke or suspend a special use authorization for 
all other special uses, except an easement issued pursuant to Sec. 
251.53 (e) and (l):
    (A) For noncompliance with applicable statutes, regulations, or the 
terms and conditions of the authorization;
    (B) For failure of the holder to exercise the rights or privileges 
granted;
    (C) With the consent of the holder; or

[[Page 330]]

    (D) At the discretion of the authorized officer for specific and 
compelling reasons in the public interest.
    (ii) Administrative review. Except for revocation or suspension of 
an easement issued pursuant to Sec. 251.53 (e) and (l) of this subpart, 
a suspension or revocation of a special use authorization under this 
paragraph is subject to administrative appeal and review in accordance 
with 36 CFR part 251, subpart C, of this chapter.
    (iii) Termination. For all special uses except noncommercial group 
uses, a special use authorization terminates when, by its terms, a fixed 
or agreed-upon condition, event, or time occurs. Termination of a 
special use authorization under this paragraph does not involve agency 
action and is not subject to administrative or judicial review.
    (b) For purposes of this section, the authorized officer is that 
person who issues the authorization or that officer's successor.
    (c) A right-of-way authorization granted to another Federal agency 
will be limited, suspended, revoked, or terminated only with that 
agency's concurrence.
    (d) A right-of-way authorization serving another Federal agency will 
be limited, suspended, revoked, or terminated only after advance notice 
to, and consultation with, that agency.
    (e) Except when immediate suspension pursuant to paragraph (f) of 
this section is indicated, the authorized officer shall give the holder 
written notice of the grounds for suspension or revocation under 
paragraph (a) of this section and reasonable time to cure any 
noncompliance, prior to suspension or revocation pursuant to paragraph 
(a) of this section.
    (f) Immediate suspension of a special use authorization, in whole or 
in part, may be required when the authorized officer deems it necessary 
to protect the public health or safety or the environment. In any such 
case, within 48 hours of a request of the holder, the superior of the 
authorized officer shall arrange for an on-site review of the adverse 
conditions with the holder. Following this review, the superior officer 
shall take prompt action to affirm, modify, or cancel the suspension.
    (g) The authorized officer may suspend or revoke easements issued 
pursuant to Sec. 251.53 (e) and (l) of this subpart under the Rules of 
Practice Governing Formal Adjudicatory Administrative Proceedings 
instituted by the Secretary under 7 CFR 1.130 through 1.151. No 
administrative proceeding shall be required if the easement, by its 
terms, provides that it terminates on the occurrence of a fixed or 
agreed-upon condition, event, or time.
    (h)(1) The Chief may revoke any easement granted under the 
provisions of the Act of October 13, 1964, 78 Stat. 1089, 16 U.S.C. 534:
    (i) By consent of the owner of the easement;
    (ii) By condemnation; or
    (iii) Upon abandonment after a 5-year period of nonuse by the owner 
of the easement.
    (2) Before any such easement is revoked for nonuse or abandonment, 
the owner of the easement shall be given notice and, upon the owner's 
request made within 60 days after receipt of the notice, an opportunity 
to present relevant information in accordance with the provisions of 36 
CFR part 251, subpart C, of this chapter.
    (i) Upon revocation or termination of a special use authorization, 
the holder must remove within a reasonable time the structures and 
improvements and shall restore the site to a condition satisfactory to 
the authorized officer, unless the requirement to remove structures or 
improvements is otherwise waived in writing or in the authorization. If 
the holder fails to remove the structures or improvements within a 
reasonable period, as determined by the authorized officer, they shall 
become the property of the United States, but holder shall remain liable 
for the costs of removal and site restoration.

[45 FR 38327, June 6, 1980; 45 FR 43167, June 26, 1980, as amended at 48 
FR 28639, June 23, 1983; 60 FR 45295, Aug. 30, 1995; 63 FR 65968, Nov. 
30, 1998]