[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: 36CFR251.9] [Page 246-247] 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. 251.9 Management of Municipal Watersheds. Subpart A_Miscellaneous Land Uses Natural Resources Control Sec. 251.9 Management of municipal watersheds. 251.10 Prohibition of location of mining claims within certain areas in the Norbeck Wildlife Preserve, South Dakota. 251.11 Governing mining locations under the mining laws of the United States within that portion of the Black Hills National Forest, State of South Dakota, designated as the Norbeck Wildlife Preserve. 251.14 Conditions, rules, and regulations to govern exercise of timber rights reserved in conveyance to the United States. 251.15 Conditions, rules, and regulations to govern exercise of mineral rights reserved in conveyances to the United States. Rights of Grantors 251.17 Grantor's right to occupy and use lands conveyed to the United States. 251.18 Rights-of-way reserved by the grantor on lands conveyed to the United States. 251.19 Exercise of water rights reserved by the grantor of lands conveyed to the United States. Designation of Areas 251.23 Experimental areas and research natural areas. Petersburg Watershed 251.35 Petersburg watershed. Subpart B_Special Uses 251.50 Scope. 251.51 Definitions. 251.52 Delegation of authority. 251.53 Authorities. 251.54 Proposal and application requirements and procedures. 251.55 Nature of interest. 251.56 Terms and conditions. 251.57 Rental fees. 251.58 Cost recovery. 251.59 Transfer of authorized improvements. 251.60 Termination, revocation, and suspension. 251.61 Modifications. 251.62 Acceptance. 251.63 Reciprocity. 251.64 Renewals. 251.65 Information collection requirements. Subpart C_Appeal of Decisions Relating to Occupancy and Use of National Forest System Lands 251.80 Purpose and scope. 251.81 Definitions and terminology. 251.82 Appealable decisions. 251.83 Decisions not appealable. 251.84 Obtaining notice. 251.85 Election of appeal process. 251.86 Parties. 251.87 Levels of appeal. 251.88 Filing procedures. 251.89 Time extensions. 251.90 Content of notice of appeal. [[Page 247]] 251.91 Stays. 251.92 Dismissal. 251.93 Resolution of issues. 251.94 Responsive statement. 251.95 Authority of Reviewing Officer. 251.96 Intervention. 251.97 Oral presentation. 251.98 Appeal record. 251.99 Appeal decision. 251.100 Discretionary review. 251.101 Policy in event of judicial proceedings. 251.102 Applicability and effective date. Subpart D_Access to Non-Federal Lands 251.110 Scope and application. 251.111 Definitions. 251.112 Application requirements. 251.113 Instrument of authorization. 251.114 Criteria, terms, and conditions. Subpart E_Revenue-Producing Visitor Services in Alaska 251.120 Applicability and scope. 251.121 Definitions. 251.122 Historical operator special use authorizations. 251.123 Most directly affected Native Corporation determination. 251.124 Preferred operator competitive special use authorization procedures. 251.125 Preferred operator privileges and limitations. 251.126 Appeals. Authority: 16 U.S.C. 472, 479b, 551, 1134, 3210, 6201-13; 30 U.S.C. 1740, 1761-1771. Authority: 7 U.S.C. 1011; 16 U.S.C. 518, 551, 678a; Pub. L. 76-867, 54 Stat. 1197. Natural Resources Control (a) The Forest Service shall manage National Forest watersheds that supply municipal water under multiple use prescriptions in forest plans (36 CFR part 219). When a municipality desires protective actions or restrictions of use not specified in the forest plan, within agreements, and/or special use authorizations, the municipality must apply to the Forest Service for consideration of these needs. (b) When deemed appropriate by the Regional Forester, requested restrictions and/or requirements shall be incorporated in the forest plan without written agreements. Written agreements with municipalities to assure protection of water supplies are appropriate when requested by the municipality and deemed necessary by the Regional Forester. A special use authorization may be needed to effect these agreements. (c) In preparing any municipal watershed agreement for approval by the Regional Forester or issuing special use authorization to protect municipal water supplies, the authorized forest officer shall specify the types of uses, if any, to be restricted; the nature and extent of any restrictions; any special land management protective measures and/or any necessary standards and guidelines needed to protect water quality or quantity; and any resources that are to be provided by the municipality. (d) A special use authorization (36 CFR 251.54) is required if the municipality is to use the subject lands, restrict public access, or control resource uses within the watershed. Special use authorizations issued pursuant to this section are subject to the same fee waivers, conditions, and procedures applicable to all other special uses as set forth in subpart B of this part. (e) Any municipal watershed management agreements, special use authorizations, requirements, and/or restrictions shall be consistent with forest plans, or amendments and revisions thereto. [53 FR 27685, July 22, 1988]