36 C.F.R. § 251.60

Termination, revocation, and suspension

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(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 § 251.54(g)(3)(ii);

(B) For noncompliance with applicable statutes or regulations or the terms and conditions of the authorization;

(D) With the consent of the holder.

(ii) Judicial review. Revocation or suspension of a special use authorization under this paragraph constitutes final agency action, is not subject to administrative appeal, 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 under§ 251.53(j):

(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;

(D) At the discretion of the authorized officer for specific and compelling reasons in the public interest. The Chief may revoke an easement issued under § 251.53(j) with the consent of the holder; by condemnation; or upon abandonment after a 5-year period of nonuse by the holder.

(ii) Administrative review. Except for revocation or suspension of a permit or easement issued under § 251.53(e), revocation or suspension of an easement issued under § 251.53(l), and revocation for nonuse of an easement issued under § 251.53(j), revocation or suspension of a special use authorization under this paragraph is subject to appeal pursuant to 36 CFR part 214.

(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 special use authorization issued to a Federal agency under § 251.53(l) may be suspended or revoked only with the consent of the head of that Federal agency.

(d) 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.

(e) 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.

(f) Before suspension or revocation of permits and easements issued under § 251.53(e) and suspension or revocation of easements issued under § 251.53(l), a formal adjudicatory proceeding must be conducted pursuant to 7 CFR part 1, subpart H, as amended, and the authorized officer must determine, based on the proceeding, that grounds for revocation or suspension exist and that revocation or suspension is justified. Before revocation of easements issued under § 251.53(j) for nonuse, a formal adjudicatory proceeding must be conducted pursuant to 7 CFR part 1, subpart H, provided the holder requests the hearing within 60 days of receipt of the notice of revocation.

(g) 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; 74 FR 68381, Dec. 24, 2009; 75 FR 14995, Mar. 26, 2010; 75 FR 24802, May 6, 2010; 78 FR 33725, June 5, 2013; 88 FR 84709, Dec. 6, 2023]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1982–2025 · leading case: Ark Initiative v. Thomas Tidwell, 749 F.3d 1071 (D.C. Cir. 2014).

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Ark Initiative v. Thomas Tidwell, 749 F.3d 1071 (D.C. Cir. 2014). · cites it 2× “The Emergency Petition requested that “the Service invoke its authority [under] 36 C.F.R. § 251.60 , to temporarily suspend, on an emergency basis, the narrow authorization to proceed with activities within this parcel until such time as the Service can assess this parcel and…”

Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001). “See 36 C.F.R. § 251.60 . As well as setting forth the requirements for special use authorizations, these regulations state that inholders may be required to provide the United States with right of way across their property.”

W. Radio Servs. Co. v. Allen, 147 F. Supp. 3d 1132 (D. Or. 2015). · cites it 3× “GB 1692-95; 36 C.F.R. § 251.60 (i). *1140 Western Radio complains- that it had no administrative appeal regarding this notice.”

United States v. W. Radio Servs. Co., 664 F. App'x 677 (9th Cir. 2016). · cites it 2× “See 36 C.F.R. § 251.60 (2012); id. § 251.82(a)(8).”

United States v. McFadden, 71 F. Supp. 2d 962 (W.D. Mo. 1999). “36 C.F.R. § 251.60 (a)(l)(i)(A). They assert that the Forest Service could hypothetically issue a permit and then revoke it shortly before or doing the event.”

Sweetwater, A Wilderness Lodge LLC v. United States, 72 Fed. Cl. 208 (Fed. Cl. 2006). “Moreover, Forest Service Regulations, 36 C.F.R. § 251.60 (e), require prior notice to the permittee and an opportunity to cure prior to revocation action.”

Black v. Arthur, 201 F.3d 1120 (9th Cir. 2000). “See 36 C.F.R. § 251.60 (a)(1). Appellants maintain, further, that an individual signing a permit on behalf of the Rainbow Family will be subject to individual liability as a result of his or her signature.”

Fam. Fin. Fund v. Abraham, 657 P.2d 1319 (Utah 1982). “See also 36 C.F.R. § 251.60 (j) (1981). Furthermore, the Forest Service Manual specifies that the “improvements are the personal property of the permittee.”

W. Radio Servs., Inc. v. United States (Fed. Cl. 2025). · cites it 4× “of the lease and 36 C.F.R. § 251.60 (i). Id. On March 20, 2013, 3 Western Radio appealed the Forest Service’s decision to revoke the lease.”

Florida Defenders of the Env't v. United States Forest Serv. (11th Cir. 2021). · cites it 2× “” See 36 C.F.R. § 251.60 (i). 3 Likewise, the original special-use permit provided that the permitholder, upon termination of the permit, must “remove within a reasonable time prescribed by the author- ized officer all structures and improvements, except those owned by the…”

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