36 CFR 251.50 - Scope

Cite as36 CFR 251.50
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93 practice notes
  • Clarification for the Appropriate Use of a Criminal or a Civil Citation to Enforce Mineral Regulations
    • United States
    • Federal Register November 06, 2008
    • November 6, 2008
    ...that the miner's gold dredging operations were subject to 36 CFR part 228, subpart A (id. at 1185) and consequently, pursuant to 36 CFR 251.50(a), those operations were not special uses for which a special use authorization may be issued (Id. 1186). Accordingly, the court dismissed the char......
  • Utah Native Plant Soc'y v. U.S. Forest Serv., No. 17-4074
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • May 7, 2019
    ...Service regulations generally prohibit "uses [except those otherwise enumerated] of National Forest System lands ... and resources." 36 C.F.R. § 251.50. In particular, § 251.23 prohibits "occupancy [of an RNA] under a special use permit ... unless authorized by the Chief of the FS." GCT say......
  • United States v. Backlund, Nos. 10–30264
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 31, 2012
    ...their residencies constituted a special use under § 251.50(a), requiring special use authorization, which neither had. See36 C.F.R. § 251.50(a); 73 Fed.Reg. at 65,994 (noting that residency that is not reasonably necessary to mining operations “is not an operation for purposes of 36 CFR 228......
  • High Sierra Hikers Ass'n v. Blackwell, No. 02-15504
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 25, 2004
    ...and Sierra National Forests. A special-use permit is the legal instrument by which the Forest Service authorizes commercial services, 36 C.F.R. § 251.50. The issuance of a specific special-use permit is a final agency action that has an actual or immediately threatened effect sufficient to ......
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78 cases
  • Utah Native Plant Soc'y v. U.S. Forest Serv., No. 17-4074
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • May 7, 2019
    ...Service regulations generally prohibit "uses [except those otherwise enumerated] of National Forest System lands ... and resources." 36 C.F.R. § 251.50. In particular, § 251.23 prohibits "occupancy [of an RNA] under a special use permit ... unless authorized by the Chief of the FS." GCT say......
  • United States v. Backlund, Nos. 10–30264
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 31, 2012
    ...their residencies constituted a special use under § 251.50(a), requiring special use authorization, which neither had. See36 C.F.R. § 251.50(a); 73 Fed.Reg. at 65,994 (noting that residency that is not reasonably necessary to mining operations “is not an operation for purposes of 36 CFR 228......
  • High Sierra Hikers Ass'n v. Blackwell, No. 02-15504
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 25, 2004
    ...and Sierra National Forests. A special-use permit is the legal instrument by which the Forest Service authorizes commercial services, 36 C.F.R. § 251.50. The issuance of a specific special-use permit is a final agency action that has an actual or immediately threatened effect sufficient to ......
  • McMaster v. United States, No. 11–17489.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 24, 2013
    ...fact that he received only a mineral patent, he is required to obtain a special use permit prior to using the surface of the land. See36 C.F.R. § 251.50. Thus, even if McMaster did “own” the structures, he would not have the right to use them, and could be required to remove them. We conclu......
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15 provisions
  • Clarification for the Appropriate Use of a Criminal or a Civil Citation to Enforce Mineral Regulations
    • United States
    • Federal Register November 06, 2008
    • November 6, 2008
    ...that the miner's gold dredging operations were subject to 36 CFR part 228, subpart A (id. at 1185) and consequently, pursuant to 36 CFR 251.50(a), those operations were not special uses for which a special use authorization may be issued (Id. 1186). Accordingly, the court dismissed the char......
  • National Forest System lands: Special use authorizations,
    • United States
    • Federal Register July 13, 2004
    • July 13, 2004
    ...to FSM 2719 is unclear and that paragraph 6 of FSM 2719 needs to be revised to be more consistent with the corresponding regulation at 36 CFR 251.50(c) and to reflect that noncommercial group use and still photography are not exempted from the special use authorization requirement. Conseque......
  • Ski Area Water Clause
    • United States
    • Federal Register December 30, 2015
    • December 30, 2015
    ...The Agency is removing proposed paragraph F.3.d from the final directive because this provision is unnecessary. Existing regulations at 36 CFR 251.50(a) require a special use authorization for water facilities on NFS lands. Moreover, per paragraph 1 in the final instructions for the new ski......
  • National Forest System Lands: Piscicide applications,
    • United States
    • Federal Register November 16, 2006
    • November 16, 2006
    ...outside designated Wilderness and Wilderness Study Areas are not ``special uses'' requiring special use authorization would be added to 36 CFR 251.50. A paragraph would be inserted into 36 CFR 261.50 to specifically provide for closure of an area, under specific circumstances, to prohibit p......
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