
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC497]

 
                         TITLE 16--CONSERVATION
 
                       CHAPTER 2--NATIONAL FORESTS
 
             SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
 
Sec. 497. Use and occupation of lands for hotels, resorts, 
        summer homes, stores, and facilities for industrial, commercial, 
        educational or public uses
        
    The Secretary of Agriculture is authorized, under such regulations 
as he may make and upon such terms and conditions as he may deem proper, 
(a) to permit the use and occupancy of suitable areas of land within the 
national forests, not exceeding eighty acres and for periods not 
exceeding thirty years, for the purpose of constructing or maintaining 
hotels, resorts, and any other structures or facilities necessary or 
desirable for recreation, public convenience, or safety; (b) to permit 
the use and occupancy of suitable areas of land within the national 
forests, not exceeding five acres and for periods not exceeding thirty 
years, for the purpose of constructing or maintaining summer homes and 
stores; (c) to permit the use and occupancy of suitable areas of land 
within the national forest, not exceeding eighty acres and for periods 
not exceeding thirty years, for the purpose of constructing or 
maintaining buildings, structures, and facilities for industrial or 
commercial purposes whenever such use is related to or consistent with 
other uses on the national forests; (d) to permit any State or political 
subdivision thereof, or any public or nonprofit agency, to use and 
occupy suitable areas of land within the national forests not exceeding 
eighty acres and for periods not exceeding thirty years, for the purpose 
of constructing or maintaining any buildings, structures, or facilities 
necessary or desirable for education or for any public use or in 
connection with any public activity. The authority provided by this 
section shall be exercised in such manner as not to preclude the general 
public from full enjoyment of the natural, scenic, recreational, and 
other aspects of the national forests.

(Mar. 4, 1915, ch. 144, 38 Stat. 1101; July 28, 1956, ch. 771, 70 Stat. 
708.)


                               Amendments

    1956--Act July 28, 1956, increased maximum area of land for each 
purpose for which permits may be granted from not more than 5 acres to 
not more than 80 acres, and authorized permits for facilities for public 
safety, for buildings, structures, and facilities for industrial or 
commercial purposes whenever such purposes are related to or consistent 
with other use of the national forests, and for facilities to be used by 
public or nonprofit agencies for education or public use or in 
connection with any public activity.


 Enhancing Forest Service Administration of Rights-of-Way and Land Uses

    Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 331], Nov. 
29, 1999, 113 Stat. 1535, 1501A-196, provided that:
    ``(a) The Secretary of Agriculture shall develop and implement a 
pilot program for the purpose of enhancing forest service administration 
of rights-of-way and other land uses. The authority for this program 
shall be for fiscal years 2000 through 2004. Prior to the expiration of 
the authority for this pilot program, the Secretary shall submit a 
report to the House and Senate Committees on Appropriations, and the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives that evaluates 
whether the use of funds under this section resulted in more expeditious 
approval of rights-of-way and special use authorizations. This report 
shall include the Secretary's recommendation for statutory or regulatory 
changes to reduce the average processing time for rights-of-way and 
special use permit applications.
    ``(b) Deposit of Fees.--Subject to subsections (a) and (f), during 
fiscal years 2000 through 2004, the Secretary of Agriculture shall 
deposit into a special account established in the Treasury all fees 
collected by the Secretary to recover the costs of processing 
applications for, and monitoring compliance with, authorizations to use 
and occupy National Forest System lands pursuant to section 28(l) of the 
Mineral Leasing Act (30 U.S.C. 185(l)), section 504(g) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), section 9701 
of title 31, United States Code, and section 110(g) of the National 
Historic Preservation Act (16 U.S.C. 470h-2(g)).
    ``(c) Use of Retained Amounts.--Amounts deposited pursuant to 
subsection (b) shall be available, without further appropriation, for 
expenditure by the Secretary of Agriculture to cover costs incurred by 
the Forest Service for the processing of applications for special use 
authorizations and for monitoring activities undertaken in connection 
with such authorizations. Amounts in the special account shall remain 
available for such purposes until expended.
    ``(d) Reporting Requirement.--In the budget justification documents 
submitted by the Secretary of Agriculture in support of the President's 
budget for a fiscal year under section 1105 of title 31, United States 
Code, the Secretary shall include a description of the purposes for 
which amounts were expended from the special account during the 
preceding fiscal year, including the amounts expended for each purpose, 
and a description of the purposes for which amounts are proposed to be 
expended from the special account during the next fiscal year, including 
the amounts proposed to be expended for each purpose.
    ``(e) Definition of Authorization.--For purposes of this section, 
the term `authorizations' means special use authorizations issued under 
subpart B of part 251 of title 36, Code of Federal Regulations.
    ``(f) Implementation.--This section shall take effect upon 
promulgation of Forest Service regulations for the collection of fees 
for processing of special use authorizations and for related monitoring 
activities.''

                  Section Referred to in Other Sections

    This section is referred to in sections 460aaa-2, 497b, 497c, 6203 
of this title.
