Title 16, ConservationRelease 119-110

§460lll–25 Special Use Authorizations

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER CXXIII — LAND BETWEEN THE LAKES PROTECTION › Part B — Management Provisions › § 460lll–25

Last updated Sep 22, 2026|Official source

Summary

The Secretary can allow special uses inside the Recreation Area. The Secretary can give permanent easements at no charge to government units for public roads over United States Route 68 and the Trace, and other rights-of-way they agree on. The Secretary can transfer or lease developed recreation sites or other facilities to government units for public use. The Secretary can also lease or authorize recreational sites and facilities consistent with sections 460lll–1(2) and 460lll–11(b)(2). Fees for leases or other authorizations must be based on fair market value, but the Secretary can reduce or waive a fee for a government unit or nonprofit if they provide other value to the United States. The Secretary can use any fair method to authorize special uses, including asking the public for proposals. Permits or authorizations from the Tennessee Valley Authority that exist when administration transfers under section 460lll–41 can continue; the Secretary can reissue, end, change, or otherwise exercise the TVA’s rights in those permits.

Full Legal Text

Title 16, §460lll–25

Conservation, Source: USLM XML via OLRC

(a)In general
In addition to other authorities for the authorization of special uses within the National Forest System, within the Recreation Area, the Secretary may, on such terms and conditions as the Secretary may prescribe—
(1)convey for no consideration perpetual easements to governmental units for public roads over United States Route 68 and the Trace, and such other rights-of-way as the Secretary and a governmental unit may agree;
(2)transfer or lease to governmental units developed recreation sites or other facilities to be managed for public purposes; and
(3)lease or authorize recreational sites or other facilities, consistent with section 460lll–1(2) and 460lll–11(b)(2) of this title.
(b)Consideration
(1)In general
Consideration for a lease or other special use authorization within the Recreation Area shall be based on fair market value.
(2)Reduction or waiver
The Secretary may reduce or waive a fee to a governmental unit or nonprofit organization commensurate with other consideration provided to the United States, as determined by the Secretary.
(c)Procedure
The Secretary may use any fair and equitable method for authorizing special uses within the Recreation Area, including public solicitation of proposals.
(d)Existing authorizations
(1)In general
A permit or other authorization granted by the Tennessee Valley Authority that is in effect on the date of transfer pursuant to section 460lll–41 of this title may continue on transfer of administration of the Recreation Area to the Secretary.
(2)Reissuance
A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Secretary.
(3)Exercise of rights
The Secretary may exercise any of the rights of the Tennessee Valley Authority contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460lll–25

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110