[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: 36CFR251.9]

[Page 299]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                    Subpart A_Miscellaneous Land Uses
 
Sec. 251.9  Management of Municipal Watersheds.

    Authority: 7 U.S.C. 1011; 16 U.S.C. 518, 551, 678a; Pub. L. 76-867, 
54 Stat. 1197.

                        Natural Resources Control


    (a) The Forest Service shall manage National Forest watersheds that 
supply municipal water under multiple use prescriptions in forest plans 
(36 CFR part 219). When a municipality desires protective actions or 
restrictions of use not specified in the forest plan, within agreements, 
and/or special use authorizations, the municipality must apply to the 
Forest Service for consideration of these needs.
    (b) When deemed appropriate by the Regional Forester, requested 
restrictions and/or requirements shall be incorporated in the forest 
plan without written agreements. Written agreements with municipalities 
to assure protection of water supplies are appropriate when requested by 
the municipality and deemed necessary by the Regional Forester. A 
special use authorization may be needed to effect these agreements.
    (c) In preparing any municipal watershed agreement for approval by 
the Regional Forester or issuing special use authorization to protect 
municipal water supplies, the authorized forest officer shall specify 
the types of uses, if any, to be restricted; the nature and extent of 
any restrictions; any special land management protective measures and/or 
any necessary standards and guidelines needed to protect water quality 
or quantity; and any resources that are to be provided by the 
municipality.
    (d) A special use authorization (36 CFR 251.54) is required if the 
municipality is to use the subject lands, restrict public access, or 
control resource uses within the watershed. Special use authorizations 
issued pursuant to this section are subject to the same fee waivers, 
conditions, and procedures applicable to all other special uses as set 
forth in subpart B of this part.
    (e) Any municipal watershed management agreements, special use 
authorizations, requirements, and/or restrictions shall be consistent 
with forest plans, or amendments and revisions thereto.

[53 FR 27685, July 22, 1988]

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