Title 16, ConservationRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Secretary can give permanent, free rights for public roads to government units over U.S. Route 68, the Trace, and other agreed routes. The Secretary can also transfer or lease developed recreation sites or facilities to government units to run for the public, and can lease or authorize other recreational sites under the area’s rules. Leases and special-use permits must be based on fair market value. The Secretary may lower or waive fees for a government unit or nonprofit if they provide other value to the United States. The Secretary can use any fair method to authorize uses, including public requests for proposals. Existing Tennessee Valley Authority permits that transfer with the area can continue, and the Secretary may reissue, end, or change those permits and use the TVA rights in them.

Full Legal Text

Title 16, §460lll–25

Conservation, Source: USLM XML via OLRC

(a)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)(1)Consideration for a lease or other special use authorization within the Recreation Area shall be based on fair market value.
(2)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)The Secretary may use any fair and equitable method for authorizing special uses within the Recreation Area, including public solicitation of proposals.
(d)(1)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)A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Secretary.
(3)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

Apr 5, 2026

Release point: 119-73not60