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.
Notes of Decisions
Sierra Club v. Morton, 405 U.S. 727 (1972).
· cites it 4× “They pose the propriety of the "dual permit" device as a means of avoiding the 80-acre "recreation and resort" limitation imposed by Congress in 16 U. S. C. § 497 , an issue that apparently has never been litigated, and is clearly substantial in light of the congressional…”
Robertson v. Methow Valley Citizens Council, 490 U.S. 332 (1989).
· cites it 2× “for the purpose of constructing or maintaining hotels, resorts, and any other structures or facilities necessary or desirable for recreation, public convenience, or safety," 16 U. S. C. § 497 , and were not based on the more direct congressional concern for environmental quality…”
Heath v. Aspen Skiing Corp., 325 F. Supp. 223 (D. Colo. 1971).
· cites it 4× “Although plaintiff’s exact accusations against the Forest Service are not exactly clear, plaintiff does seem to say that the Forest Service cannot lawfully issue an exclusive permit to an area operator without violating 16 U.S.C. § 497 , which provides in material part: “The…”
Sierra Club v. Hardin, 325 F. Supp. 99 (D. Alaska 1971).
· cites it 3× “The issuance of the permit and “Conditions of Use” violates, 16 U.S.C.A. § 497 (1960), which limits such permits to 80 acres in area and for a time not in excess of 30 years.”
King v. United States, 301 F.3d 1270 (10th Cir. 2002).
“16 U.S.C. § 497 . Pursuant to this authority, the Secretary has promulgated regulations providing for the issuance of permits such as that issued to *1276 McKillop.”
Beard v. United States, 125 Fed. Cl. 148 (Fed. Cl. 2016).
“16 U.S.C. § 497 . Forest Service regulations define a permit as “a special use authorization which provides permission, without conveying an interest in land, to occupy and use National Forest System land or facilities for specified purposes, and which is both revocable and…”
Carden v. Kelly, 175 F. Supp. 2d 1318 (D. Wyo. 2001).
· cites it 2× “” 16 U.S.C. § 497 . Under the authority of FLPMA and 16 U.”
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