36 C.F.R. § 251.61
Applications for new, changed, or additional uses or area
(a) Holders shall file a new or amended application for authorization of any new, changed, or additional uses or area, including any changes that involve any activity that has an impact on the environment, other uses, or the public. In approving or denying new, changed, or additional uses or area, the authorized officer shall consider, at a minimum, the findings or recommendations of other affected agencies and whether to revise the terms and conditions of the existing authorization or issue a new authorization. Once approved, any new, changed, or additional uses or area must be reflected in the existing or a new authorization.
(b) A holder may be required to furnish as-built plans, maps, or surveys upon completion of construction.
Notes of Decisions
Cited in 3
cases, 1993–2014 · leading case: Nat'l Ski Areas Ass'n v. United States Forest Serv., 910 F. Supp. 2d 1269 (D. Colo. 2012).
Nat'l Ski Areas Ass'n v. United States Forest Serv., 910 F. Supp. 2d 1269 (D. Colo. 2012). “) These terms — such as the Waiver Clause — impose obligations on NSAA members, making them legislative for the purposes of the APA claim.”
Richard Oberdorfer v. Holly Jewkes, 583 F. App'x 770 (9th Cir. 2014). “The Forest Service made the required showing that Western Radio breached its lease by, first, beginning construction 'on a new tower without authorization as required by 36 C.F.R. § 251.61 (a), incorporated by clause III.”
Mt. Graham Red Squirrel v. Espy, 986 F.2d 1568 (9th Cir. 1993). “” 36 C.F.R. § 251.61 (a). The University was *1575 thus obligated, says Sierra Club, to file an application to cover the new “uses” that arose when the monitoring provisions written into the Management Plan were modified in practice.”
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