16 U.S.C. § 460lll–25 — Special use authorizations
submitted 28 years ago by Pub. L. 105-277 to r/title-16-CONSERVATION · 301 words · no verdicts yet
Besides normal Forest Service rules, the Secretary can give governmental groups free road easements and hand over recreation sites to run. Leases must be priced at fair market value, though fees can be reduced for governments or nonprofits. Existing Tennessee Valley Authority permits can continue after the transfer.
(a) In general - Besides other Forest Service authority to allow special uses, within the Recreation Area* the Secretary* may, on terms the Secretary sets: (1) give governmental units free permanent easements for public roads over U.S. Route 68 and the Trace, and other agreed rights-of-way; (2) transfer or lease developed recreation sites or other facilities to governmental units to manage for public purposes; and (3) lease or authorize recreation sites or other facilities consistent with this subchapter's purposes and management emphases.
(b) Consideration - (1) Payment for a lease or other special use must generally be based on fair market value. (2) But the Secretary may reduce or waive the fee for a governmental unit* or nonprofit if it's getting other value in return, as the Secretary decides.
(c) Procedure - The Secretary may use any fair, equitable method to authorize special uses, including publicly asking for proposals.
(d) Existing authorizations - (1) A permit the Tennessee Valley Authority issued that is still active on the transfer date may continue after the Secretary takes over. (2) The Secretary may reissue or end such a permit under new terms. (3) The Secretary may exercise any right the Tennessee Valley Authority had under such a permit, including amending, changing, or revoking it.
In addition to other authorities for the authorization of special uses within the National Forest System, within the Recreation Area*, the Secretary* may, on such terms and conditions as the Secretary may prescribe—
convey for no consideration perpetual easements to governmental units for public roads over United States Route 68 and the Trace, and such other rights-of-way as the Secretary and a governmental unit* may agree;
transfer or lease to governmental units developed recreation sites or other facilities to be managed for public purposes; and
lease or authorize recreational sites or other facilities, consistent with sections 460lll–1(2) and 460lll–11(b)(2) of this title.
Consideration for a lease or other special use authorization within the Recreation Area shall be based on fair market value.
The Secretary may reduce or waive a fee to a governmental unit or nonprofit organization commensurate with other consideration provided to the United States, as determined by the Secretary.
The Secretary may use any fair and equitable method for authorizing special uses within the Recreation Area, including public solicitation of proposals.
A permit or other authorization granted by the Tennessee Valley Authority that is in effect on the date of transfer pursuant to section 460lll–41 of this title may continue on transfer of administration of the Recreation Area to the Secretary.
A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Secretary.
The Secretary may exercise any of the rights of the Tennessee Valley Authority contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization.
Source credit: (Pub. L. 105–277, div. A, § 101(e) [title V, § 525], Oct. 21, 1998, 112 Stat. 2681–231, 2681–315.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.
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