[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.17]

[Page 252-253]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                    Subpart A_Miscellaneous Land Uses
 
Sec.  251.17  Grantor's right to occupy and use lands conveyed to the United States.

    Except as otherwise provided in paragraph (h) of this section, in 
conveyances of lands to the United States under authorized programs of 
the Forest Service, where owners reserve the right to occupy and use the 
land for the purposes of residence, agriculture, industry, or commerce, 
said reservations shall be subject to the following conditions, rules 
and regulations which shall be expressed in and made a part of the deed 
of conveyance to the United States and such reservations shall be 
exercised thereunder and in obedience thereto:
    (a) Except when provided otherwise by statute, the reservation so 
created shall not be assigned, used, or occupied by anyone other than 
the grantor without the consent of the United States.
    (b) All reasonable precautions shall be taken by the grantor and all 
persons acting for or claiming under him to prevent and suppress forest 
fires upon or threatening the premises or other adjacent lands of the 
United States, and any person failing to comply with this requirement 
shall be responsible for any damages sustained by the United States by 
reason thereof.
    (c) The premises shall not be used or permitted to be used, without 
the written consent of the United States, for any purpose or purposes 
other than those specified in the instrument creating the reservation.
    (d) The grantor and all persons acting for or claiming under him 
shall maintain the premises and all buildings and structures thereon in 
proper repair and sanitation and shall comply with the National Forest 
laws and regulations and the laws and lawful orders of the State in 
which the premises are located.
    (e) Except when provided otherwise by statute, the reservation shall 
terminate: (1) Upon the expiration of the period named in the deed; (2) 
upon failure for a period of more than one calendar year to use and 
occupy the premises for the purposes named in the deed; (3) by use and 
occupancy for unlawful purposes or for purposes other than those 
specified in the deed; and (4) by voluntary written relinquishment by 
the owner.
    (f) Upon the termination of the reservation the owners of personal 
property remaining on the premises shall remove same within a period of 
three months, and all such property not so removed shall become the 
property of the United States except that when such removal is prevented 
by conditions beyond the control of the owners the period shall be 
extended in writing

[[Page 253]]

by the Forest Service to allow a reasonable time for said removal, but 
in no event longer than one year.
    (g) The said reservation shall be subject to rights-of-way for the 
use of the United States or its permittees, upon, across, or through the 
said land, as may hereafter be required for the erection, construction, 
maintenance and operation of public utility systems over all or parts 
thereof, or for the construction and maintenance of any improvements 
necessary for the good administration and protection of the National 
Forests, and shall be subject to the right of officials or employees of 
the Forest Service to inspect the premises, or any part thereof, at all 
reasonable times and as often as deemed necessary in the performance of 
official duties in respect to the premises.
    (h) The conditions, rules, and regulations set forth in paragraphs 
(a) through (g) of this section shall not apply to reservations 
contained in conveyances of lands to the United States under the Act of 
March 3, 1925, as amended (43 Stat. 1133, 64 Stat. 82; 16 U.S.C. 555).

[33 FR 11452, Aug. 13, 1968, as amended at 36 FR 156, Jan. 6, 1971]