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16 U.S.C. § 497 — Use and occupation of lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_b8d9eb2e47047ecd17f09161
Source file: Laws/federal/codes/united-states-code/title-16/section-497-use-and-occupation-of-lands-for-hotels-resorts-summer-homes-stores-and-f--0c83160653.md
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Source location: Title 16, Chapter 2, § 497; chapter-002-national-forests.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program required** For fiscal year 2014 and each fiscal year thereafter, the Secretary of Agriculture shall conduct a program for the purpose of enhancing Forest Service administration of rights-of-way and other land uses.
**(b) Deposit of fees** Subject to subsections (a) and (f), each fiscal year, the Secretary of Agriculture shall deposit into a special account established in the Treasury all fees collected by the Secretary to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to section 185(l) of title 30, [section 1764(g) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1764/g&num=0&edition=prelim), [section 9701 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9701&num=0&edition=prelim), and [section 306109 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306109&num=0&edition=prelim).
**(c) Use of retained amounts** Amounts deposited pursuant to subsection (b) shall be available, without further appropriation, for expenditure by the Secretary of Agriculture to cover costs incurred by the Forest Service for the processing of applications for special use authorizations and for monitoring activities undertaken in connection with such authorizations. Amounts in the special account shall remain available for such purposes until expended.
**(d) Reporting requirement** In the budget justification documents submitted by the Secretary of Agriculture in support of the President’s budget for a fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 497e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administration** Subject to valid existing rights, the Secretary of Agriculture (hereafter in this subchapter referred to as the “Secretary”) shall administer the national recreation area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the national recreation area was established.
**(b) Special management requirements** The national recreation area also shall be administered according to the following special management requirements:
(1) Subject to such terms and conditions as may be prescribed by the Secretary, including the protection of threatened and endangered species and the protection of other natural, cultural, and scenic values, owners of privately owned land and homes within the national recreation area shall be afforded access across National Forest System lands.
(2) Consistent with [section 460aaa–6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460aaa-6&num=0&edition=prelim), and the purposes of this subchapter, the Secretary shall provide for and maintain traditional public access, including vehicular roads for general recreational activities such as camping, hiking, hunting, fishing, and trapping.
(3) The Secretary shall permit the use of snowmobiles on Federal lands in the national recreation area in accordance with the rules and regulations of the National Forest System and consistent with the management plan developed pursuant to [section 460aaa–6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460aaa-6&num=0&edition=prelim). Such use shall be regulated to protect the resources of the national recreation area in a way that minimizes the degradation of these resources.
(4)
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460aaa–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Law applicable to permits** The provisions of the Act of March 4, 1915 ([16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)) notwithstanding, the term and acreage of permits for the operation of ski areas and associated facilities on National Forest System lands shall on and after October 22, 1986, be governed by this section and other applicable law.
**(b) Authority** The Secretary of Agriculture (hereinafter referred to as “the Secretary”) is authorized to issue permits (hereinafter referred to as “ski area permits”) for the use and occupancy of suitable lands within the National Forest System for skiing and other snow sports and recreational uses authorized by this section. A ski area permit—
(1) may be issued for a term not to exceed 40 years;
(2) shall ordinarily be issued for a term of 40 years (unless the Secretary determines that the facilities or operations are of a scale or nature as are not likely to require long-term financing or operation), or that there are public policy reasons specific to a particular permit for a shorter term;
(3) shall encompass such acreage as the Secretary determines sufficient and appropriate to accommodate the permittee’s needs for ski operations and appropriate ancillary facilities;
(4) may be renewed at the discretion of the Secretary;
(5) may be cancelled by the Secretary in whole or in part for any violation of the permit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that the permitted area is needed for higher public purposes;
(6) may be modified from time to time by the Secretary to accommodate changes in plans or operations in accordance with the
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 497b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Agriculture shall charge a rental charge for all ski area permits issued pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 ([16 U.S.C. 497b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497b&num=0&edition=prelim)), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; [16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)), or the 9th through 20th paragraphs under the heading “SURVEYING THE PUBLIC LANDS” under the heading “UNDER THE DEPARTMENT OF THE INTERIOR” in the Act of June 4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands. Permit rental charges for permits issued pursuant to the National Forest Ski Area Permit Act of 1986 shall be calculated as set forth in subsection (b). Permit rental charges for existing ski area permits issued pursuant to the Act of March 4, 1915, and the Act of June 4, 1897, shall be calculated in accordance with those existing permits: Provided, That a permittee may, at the permittee’s option, use the calculation method set forth in subsection (b).
**(b) Formula**
(1) The ski area permit rental charge (SAPRC) shall be calculated by adding the permittee’s gross revenues from lift ticket/year-round ski area use pass sales plus revenue from ski school operations (LT+SS) and multiplying such total by the slope transport feet percentage (STFP) on National Forest System land. That amount shall be increased by the gross year-round revenue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary operations, to determine the adjusted gross revenue (AGR) subjec
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 497c
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Federal law — U.S. Code and appendices · legal_authorities
Page 943
TITLE 16—CONSERVATION
§ 497
support ponderosa pine, sugar pine, or giant sequoia
trees, shall result in the reversion of all right, title,
and interest in such lands to the United States. Any
such lands which revert to the United States shall be
incorporated into the Stanislaus National Forest and
managed to preserve and protect the stands of pon-
derosa pine, sugar pine, and giant sequoia trees lo-
cated on such lands.
‘‘(5) The Secretary, acting through the Forest Serv-
ice, shall be afforded by appropriate officials of the
State of California reasonable opportunities to col-
lect seeds from trees located on such lands for sci-
entific or silvicultural purposes.
‘‘(6) The Secretary, upon prior notification to the
State of California, shall be entitled at any time to
enter upon such lands for the purpose of monitoring
the management of such lands and the compliance of
the State of California with the provisions of this
subsection.
‘‘(7) The conveyance shall be subject to the fol-
lowing reservations or exceptions:
‘‘(A) existing ditches and canals as authorized by
the Act of August 30, 1890 (43 U.S.C. 945); and
‘‘(B) any existing rights-of-way to provide the
United States and its assigns access to federally
owned lands.
‘‘(d) ENFORCEMENT.—Upon the request of the Sec-
retary, the Attorney General shall bring any action or
take any other steps necessary to enforce the provi-
sions of subsection (c) of this section.
‘‘(e) TIMING, VALUE, AND STATUS.—(1) Conveyance of
lands to the State of California pursuant to this Act
shall occur when the agreement described in paragraph
(1) of subsection (c) has been reached. The restrictions
and conditions specified in paragraphs (2), (3), (4), (5),
(6), and (7) of subsection (c) shall be included in
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 497
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