16 U.S.C. § 497: Use and occupation of lands…

Summary

Allows the Secretary of Agriculture to let people or groups use and occupy parts of national forests under rules and conditions the Secretary sets. Up to 80 acres can be used for up to 30 years to build or keep hotels, resorts, or other facilities for recreation, public convenience, or safety. Up to 5 acres can be used for summer homes and stores for up to 30 years. Up to 80 acres can be used for industrial or commercial buildings for up to 30 years when those uses fit with other forest uses. States, local governments, and public or nonprofit agencies may use up to 80 acres for education or public purposes for up to 30 years. Any use must not stop the public from enjoying the forest’s natural, scenic, and recreational features.

Title 16, §497

Conservation, Source: USLM XML via OLRC

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 & Related Subsidiaries

Editorial Notes

Amendments

1956—Act July 28, 1956, increased maximum area of land for each purpose for which permits may be granted from not more than 5 acres to not more than 80 acres, and authorized permits for facilities for public safety, for buildings, structures, and facilities for industrial or commercial purposes whenever such purposes are related to or consistent with other use of the national forests, and for facilities to be used by public or nonprofit agencies for education or public use or in connection with any public activity.

Statutory Notes and Related Subsidiaries

Enhancing Forest Service Administration of Rights-of-Way and Land Uses Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 331], Nov. 29, 1999, 113 Stat. 1535, 1501A–196, as amended, formerly set out as a note under this section, was transferred to section 497e of this title.

§497 Use and Occupation of Lands for Hotels, Resorts, Summer Homes, Stores, and Facilities for Industrial, Commercial, Educational or Public Uses