36 C.F.R. § 251.64

Reauthorization of existing uses

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Upon expiration of a permit or easement issued under § 251.53(e), a powerline facility permit issued to a federal entity or a powerline facility easement issued under § 251.53(l)(4), or a private road easement or a forest road easement issued under § 251.53(l)(6), the authorized officer shall issue a new special use authorization for the authorized use and occupancy, provided the use and occupancy authorized by the existing authorization are consistent with the applicable land management plan and applicable laws and regulations; the authorized activities and improvements are still being conducted or used for the purposes previously authorized; and the holder is in compliance with all the terms of the existing authorization.

(b) A priority use outfitting and guiding permit is subject to renewal without competition as provided in accordance with applicable Forest Service directives.

(c) Issuance of a new special use authorization upon expiration of any other type of special use authorization is at the sole discretion of the authorized officer, subject to the same conditions in paragraph (a) of this section.

(d) In reauthorizing existing uses under paragraph (a), (b), or (c) of this section, the authorized officer may modify the terms of the authorization to reflect any new requirements imposed by current Federal and State land use plans, laws, regulations, or other management decisions. Appropriate environmental analysis must accompany the decision to reauthorize the special use.

[88 FR 84709, Dec. 6, 2023]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1992–2022 · leading case: Donald Richard Yerger v. F. Dale Robertson, Etc. Dept. Of Agric., 981 F.2d 460 (9th Cir. 1992).

Sort: Relevance Newest Treatment

Donald Richard Yerger v. F. Dale Robertson, Etc. Dept. Of Agric., 981 F.2d 460 (9th Cir. 1992). “36 C.F.R. § 251.64 (b) (1992). *464 We find that the Forest Service’s decision to terminate Yerger’s lease was not arbitrary and capricious.”

Freedom From Religion Found., Inc. v. Weber, 628 F. App'x 952 (9th Cir. 2015). · cites it 4× “Renewals of existing special use permits are governed by 36 C.F.R. § 251.64 . That regulation states, “When a special use authorization provides for renewal, the authorized officer shall renew it where such renewal is authorized by law, if the project or facility is still being…”

Historic Wolf Creek Boatworks v. United States of Am. (D. Alaska 2022). “Renewals of special use permits are governed by 36 C.F.R. § 251.64 . The factual record regarding Romey’s 2015 permit request is inconclusive as to whether Romey was seeking a new special use permit or a renewal of the 2010 permit.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.