by the supervisor of the George Washington National Forest, in accordance with instructions received by him from the Chief of the Forest Service, Washington, D. C., which permits shall state the place and time of fishing, and the number and size of fish that may be taken. (39 Stat. 476; 16 U.S.C. 683) [Reg., Apr. 23, 1936, 1 F.R. 245] 241.5 Cherokee No. 1, Tennessee. Fishing is hereby authorized within National Game Refuge No. 1, Cherokee National Forest, Tennessee, under permits issued by the supervisor of the Cherokee National Forest, in accordance with the instructions received by him from the Chief of the Forest Service, Washington, D. C., which permits shall state the place and time of fishing, the fee, and the number and size of fish that may be taken. (39 Stat. 476; 16 U.S.C. 683) [Reg., May 9, 1936, 1 F.Ř. 394] 241.6 Cherokee No. 2, Georgia. Fishing is hereby authorized within National Game Refuge No. 2, Cherokee National Forest, Georgia, under permits issued by the supervisor of the Cherokee National Forest, in accordance with instructions received by him from the Chief of the Forest Service, Washington, D. C., which permits shall state the place and time of fishing and the number and size of fish that may be taken. (39 Stat. 476; 16 U.S.C. 683) [Reg., May 9, 1936, 1 F.R. 394] Sec. PART 251—LAND USES Sec. 251.1 Special use permits; general 251.11 Management of municipal waterconditions. 251.2 Free special use permits. 251.5 Occupancy of lands without per- 251.6 Mineral development of lands acquired by purchase. 251.7 Use of lands for roads, trails. 251.8 Exchange of use of privately sheds. 251.12 Use of mining claims. 251.15 owned lands for national forest 251.16 251.9 Term "special use permits"; by 251.10 Home sites in Alaska. Conditions relating to removal of mineral from lands conveyed to the United States under Act of March 1, 1911 (36 Stat. 961). Section 251.1 Special use permits; general conditions. All uses of national-forest lands and resources, except those provided for in regulations governing the disposal of timber and grazing of livestock, will be designated "special uses." Permits for the excavation of antiquities under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 433), and for the lease of lands under the act of February 28, 1899 (30 Stat. 908; 16 U.S.C. 495), may be granted only by the Secretary of Agriculture. All other permits for special uses may be granted by the Chief of the Forest Service, or by the regional forester, supervisor, or ranger as instructed by the Chief of the Forest Page 33 Service, and subject to such conditions as to area, time, charges, and other requirements as may be provided by the regulations in 88 251.1-251.13 and the instructions issued thereunder. All special-use permittees must comply with all State and Federal laws and all regulations of the Department of Agriculture relating to the national forests, and conduct themselves in an orderly manner. A special-use permit may be terminated, with the consent of the permittee, or because of nonpayment of fees due, by the officer by whom it was issued or by his successor, but may be revoked only by the Secretary of Agriculture or by an officer of the Forest Service superior in rank to the one by whom the permit was issued. Appeals from action relating to special-use permits may be taken as provided in § 211.2. A permit may be transferred with the approval of the officer who granted it, or his successor. Hotels and resorts may be sublet with the approval of the regional forester. Public-service enterprises, such as hotels and resorts operating under either term or terminal special-use permits, must conform to such requirements respecting rates and services as the Secretary of Agriculture may make in the interest of the public. Rights of way for power-transmission lines and for telephone and telegraph lines granted under the Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), shall be subject to the conditions that the grantee shall execute such stipulations for the protection of the national forest, pay such charge, furnish such facilities to Forest Officers, and/or permit such reasonable use of its poles and lines for official purposes, as may be required by the regional forester.*t [Reg. L-1] *§§ 251.1 to 251.13, inclusive, issued under the authority contained in sec. 1, 30 Stat. 35, sec. 1, 33 Stat. 628; 16 U.S.C. 551, 472. †The source of §§ 251.1 to 251.16, inclusive, (except for amendments noted in the text,) is Regulations relating to the protection, occupancy, use, and administration of the national forests, Secretary of Agriculture, Aug. 12, 1936, 1 F.R. 1098-1100. 251.2 Free special use permits. Special-use permits for the following purposes will be issued without charge: (a) Excavation of antiquities under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431, 432). (b) Public uses by any department or branch of the Federal or State Governments, including municipalities when no profit is to be derived from said uses. (c) Cemeteries, churches, and schools. (d) Lands occupied for semipublic purposes by associations or organizations where such lands are open to the use of the public upon a noncommercial or nonprofit-making basis, including lands occupied by shelter huts, community houses, camp grounds, etc., open to free use by the public. (e) Cabins for the use of miners, prospectors, trappers of predatory animals, stockmen in connection with grazing permits, and other permittees for temporary use in connection with other authorized uses, provided that cabins used during the entire year as headquarters will be classified as residences and charged for accordingly. Page 34 (f) Corrals, stock tanks, shelters, dipping vats when no toll is charged, drift, division, pasture, or other fences required for the proper management of permitted stock which are subject to free use by all authorized permittees and do not give control of range to the exclusion of any stock entitled to its use. (g) Logging railroads, flumes, tramways, inclosures, sawmills, kilns, and other improvements necessary to the manufacture of lumber or other products from timber obtained principally from the national forests. (h) Conduits, dams, reservoirs, pumping stations, or any water development projects for municipal, domestic, irrigation, mining, railroad, stock-water, or other purpose of public value. (Where the use of watersheds involves special forms of administration or utilization of forest production, specific agreements with equitable provisions for compensation will be required.) (i) Telephone lines with free use and free connection by Forest Service. Telegraph lines with free use of poles for attaching thereon Forest Service telephone lines. (j) Roads and trails which are free public highways, and airports and air navigation facilities which are open to the free use of the public. (k) Stone, earth, and gravel used for projects constructed under permits; or for the construction or maintenance of public roads and trails; or by bona fide settlers, miners, and prospectors for building purposes by such persons. (1) Fish hatcheries of a noncommercial nature. (m) Camp-fire permits on forests when required. (n) Sewage systems. (o) Signs. (p) Use or occupancy of land in a national forest created under the authority of section 9 of the Act of June 7, 1924 (43 Stat. 655; 16 U.S.C. 471 (b), 499, 505), where needed cooperation will thus be secured in promoting the production of timber. (q) Mining within the Custer State Park Game Sanctuary, Harney National Forest, South Dakota, but the permits must contain conditions to fully protect the wildlife within the game sanctuary and to prevent mining within 660 feet of any federal, state, or county highway, and be subject to cancelation for failure to observe such conditions. [Reg. L-2, as amended May 24, 1938, 3 F.R. 1001] 251.3 Charge for special use permits. Special-use permits, except as provided in § 251.2, or otherwise authorized by the Secretary of Agriculture, shall be conditioned upon the payment of an annual charge. The rates of charge and maximum limitations of area shall be prescribed by the Chief of the Forest Service, except for the use of lands under the Act of February 28, 1899 (30 Stat. 908; 16 U.S.C. 495), for hotels and dwellings adjacent to mineral and medicinal springs which shall be determined by the Secretary of Agriculture. In case of sale of improvements and reissuance or transfer of permit to the purchaser, any payments made upon the original permit may apply on the new permit, in the discretion of the forest officer issuing the permit.*t [Reg. L-3] **For statutory and source citations, see note to § 251.1. Page 35 251.4 Community improvements under special use permits. A group of special-use permittees who occupy national forest lands for summer homes or other residential purposes, not directly connected with timber sales, grazing permits, or water-power development, which has been accorded recognition under the provisions of § 211.1, may be given permits to erect, provide, and maintain special improvements or service essential to the common good. Permits so issued may, in the discretion of the regional forester, provide by stipulation and agreement embodied therein that if the total cost of the improvements and service provided and maintained thereunder is met by the association, no part being contributed by the United States except free-use material, all persons authorized to occupy the area for such summer home or residential purposes and thus share in the benefits from the improvements or service authorized by the permits, shall thereafter be required to pay into the treasury of the association their pro rata share of the cost. Similar permits may be issued for Government-owned improvements with the payment provision limited to cost of maintenance or necessary extensions or betterments.* [Reg. L-4] 251.5 Occupancy of lands without permit; when authorized. In serious emergencies for the protection of life or property, national forest lands may be occupied or used, without previous permits, provided a permit for the special use involved is subsequently secured at the earliest opportunity.*+ [Reg. L-5] 251.6 Mineral development of lands acquired by purchase. Lands purchased under the provisions of the Act of March 1, 1911 (36 Stat. 962; 16 U.S.C. 516), are not subject to location or entry under the general mining laws. Preliminary prospecting for mineral on such lands may be carried on without permit, but no extensive excavations shall be made, structures erected, or mineral removed, nor can any exclusive rights be acquired except under permits issued under special regulations approved by the Secretary of Agriculture, which required the payment of fees, rentals, and royalties commensurate with the value of the mineral resources.*t [Reg. L-6] 251.7 Use of lands for roads, trails. The right of way over national forest land for any State or county highway or road which is part of the approved system of public roads shall be 132 feet in width for roads of class 1 or class 2, and 66 feet in width for roads of class 3 or other county roads of a secondary character; the center line of the highway or road to be the center line of the right of way except where otherwise provided by permit. National forest lands within the limits of such right of way shall continue to be administered by the Forest Service, but their use for highway or road purposes shall be the dominant use, and no occupancy for other purposes shall hereafter be authorized by the forest supervisor or regional forester unless approved and concurred in by the appropriate State or county officials, but if agreement can not be reached regarding other forms of use or occupancy regarded by the regional forester as essential to the proper use and management of the national forest Page 36 **For statutory and source citations, see note to § 251.1. the matter shall be submitted to the Secretary of Agriculture for final decision. Approval by the Secretary of Agriculture of a forest highway construction program is ipso facto an authorization for the occupancy of national forest lands by the highways included in such construction program, but where a permit for a project included within a forest. highway program is desired by a State or county as a means of meeting legal or fiscal requirements, or as a basis for the execution of road contracts, such permit shall be issued by the regional forester and shall contain such conditions or be supported by such stipulations as may be necessary adequately to protect national forest interests. For highway or road projects which are not parts of an approved forest highway program permits from the regional forester will be required. Before construction is initiated a plat showing the definite location of the proposed highway or road shall be filed with the forest supervisor, who will determine the effect of the project upon national forest interests and the changes in location or other features necessary adequately to safeguard such interest, and will transmit the plat and his report thereon to the regional forester. If changes recommended by the supervisor are approved by the regional forester but cannot be adjusted satisfactorily with the proponents of the road, an appeal may be taken under the provisions of § 211.2. If the proposed location and other features of the project are approved by the regional forester, a permit shall be issued, without charge, containing such conditions or supported by such stipulations as may be necessary for the protection of the national forest lands. Trails may be constructed without formal permit if done with the consent and under the supervision of a forest officer, except that in the national forests in Alaska such consent and supervision will not be required. No toll shall be charged for the use of roads or trails over national forest lands, and the same shall be open to free public use unless otherwise specifically authorized by the Secretary of Agriculture, but a road built under permit at private expense to promote the construction of an important project may be temporarily closed to public use by order of the regional forester if its unrestricted use is dangerous to public safety or unduly interferes with the primary purposes for which it was built. Roads traversing national forest lands, which are not parts of State or county highway systems and which are constructed and maintained wholly at the expense of the Federal Government and its private cooperators may be designated by the regional forester as special service roads, and upon roads so designated the operation of automobiles or trucks is prohibited except as authorized by the regional forester. [Reg. L-7, as amended Apr. 27, 1938, 3 F.R. 822] 251.8 Exchange of use of privately owned lands for national forest lands. Persons who have title to or have leased from the owners unfenced lands within the national forests may, upon waiving their right to the exclusive use of such private land and allowing it to remain open to other stock grazed on national forest lands under permit, be permitted without charge to inclose and use not to exceed **For statutory and source citations, see note to § 251.1. Page 37 [129] |