1992-03-25_PERMIT FILE - M1991147

• Permit No: M1991147
• IBM Index Class Name: Permit File
• Doc Date: 3/25/1992
• Section_Exhibit Name: EXHIBIT LEGAL DESCRIPTION & LOCATION MAPS PAGES 2. 3
• Media Type: D
• Archive: No

iFederal Register / )J&58, No. 115 / Friday, June 14. 1991 / Abs and Regulations 27417
One respo¢deat suggested that the perry rights.only a mechanism to parties at the time the United Stales
h e of this section should be revised t sin access.The law requires that acquired the land:or the rights reserved
d"Wilderness-Non-Federal Areas o ers ofnon-Federally owned Ian a in conveyances to the United States and
wording is left unchanged in the gr d access to such lands,pre , od in other easements granted by an
Im rule ae"Access to surrounded the o er complies with roles a authorized officer of the Forest Service.
Sta and private lands"because is regula m applicable to ingre or Except for the aforementioned rights-oF
ide 'cal to the language used in th egress t ar from the Nationa orest way,currently valid special-use
Wit. mess Act. System s rule provides t se terms authorizations will become subject to
R tory and Environmental Im cl and con
nl for the o ancy and the rules of this subpart upon expiration.
use of Nati I Forest la not private termination,reversion.modification,or
ThI a has been reviewed er land.There ,the nil are not a reauthorization.
USDA rocedures and Executiv rder taking of priva right d do not have (c)Subject to the terms and conditions
1ZZ91 a d it has been determin that significant taki im rations. contained in this part and in parts 212
this rul 'a not a major rule.lit or no List o[Subjects and 293 of this chapter,as appropriate,
effect o e economy will res from 1 landowners shall be authorized such
this re tion. 36 CM Parr 251 access as the authorized officer deems
This ac on also will not t a Electric po Na nal forests. to be adequate to secure them the
significan conomic impact a public land ghts o ay,Reporting reasonable use and enjoyment of their
substantia umber of small tities. and race eping req ments.Water land.
Furthermo .it does not res t directly resources (d)In those cases where a
in additio procedures or aperwork landowner s ingress or egress emross
not already quired by Is Special-use 3B CFR n 293 National Forest System lands would
application d authorize n Na '' nal forests,Wildeme areas. require surface disturbance or would
procedures a licable to is rule ere fore,for the reasons ee orth in require the use of Government owned
already clear for the u s of this rule th reamble,title 318 chapter B. arts roads•trails,or transportation facilities
under 3e CFR rt Z51,s part B.and and 293 of the Code of Feder not authorized for general public use,
have been assi ad O Control No. and
are emended as follo • the landowner must apply for and
0596-OML The ecific 'on under pp y
¢Z51.112(b)tha a Is owner disclose PART 251—LAND USES receive especial-use or road-use
historic access' arm ion in the authorization documenting the
application impl a the requirement 1.The authority citation for part 251 is occupancy and use authorized on
for additional inf ion under revised to read as follows: National Forest System lands or
¢251.54(e)(5)and fore does not Authority.19 U.S.C.47Z 551.1134.3170, facilities and identifying the
constitute a new' alion 3Z10;30 U.S.C.185:and 43 U.S.C.1740Q,unless landowners rights,privileges,
requirement.In the al rule,a new otherwise noted. responsibilities,and obligations.
paragraph(c)has n added to ¢251.12 2,Add a new subpart D—Access to (e)Where ingress and egress will
to provide notice a the information Non-Federal Lands to read as follows: require the use of existing Government-
requirements of ubpart D are owned roads,trails•or other
already cleared de ubpart B. SUBPART O—ACCESS TO NON-FEDERAL transportation facilities which are open
The proposed e s is forth LANDS and available for general public use,use
administrattve ced es that the sec by the landowner shall be in accordance
• Forest Service ill toll in authorizing 251.110 Scope and application. with the provisions of part 212 of this
and administe g use National Forest 251.111 Definitions. chapter.
lands.E ed both ex hence and 251.112 Application requirements. (f)The rules of this subpart do not
251.113 hutmmeat of authorization.
environment analysis, a lute in and 75L314 Criteria.terms,and conditions. apply to access within conservation
of itself will ve no sign cant effect on system units in Alaska which are
the human a 'ronment. ' ividually or Subpart D—Access to Non-Federal subject to title XI of the Alaska National
cumulativel .Therefore,it 9 Lands Interest Lands Conservation Act(10
categorical excluded fro U.S.C.3101),except for access to
document on in an enviro ental 1251.110 Scope and application. inholdings authorized by section 1110(b)
assessme or an environm cal impact (a)The regulations in this subpart set of that Act.
statemen 40 CFR 1S08.4;7 forth the procedures by which (g)Where there is existing access or a
1b.3(a)(1 .The Forest Servic will landowners may apply for access across right of access to a property over non-
conduct to specific enviro ntal National Forest System lands and the National Forest land or over public
analysi f applications for ac as on a terms and conditions that govern any roads that is adequate or that can be
case' case basis. special use or other authorization that is made adequate.there is no obligation to
This le has been reviewed r its issued by the Forest Service to permit grant additional access through National
effect n private property right in such access. Forest System lands.
actor ante with Executive Ord 12630 (b)These regulations apply to access 9 257.711 Definitions.cone ing the just compensatio clause across all National Forest System lands,
of t fifth amendment and has b n including Congressionally designated In addition to the definitions In
feu not to have significant taki a areas,and supplement the regulations in subpart B of this pert,the following
im nations.These rules apply subpart B of this part,and in parts 212 terms apply to this subpart:
pr cipally to the use of Federal la and 293 of this chapter.The regulations Access means the ability of
n private land.Existing access rig is of this Subpart do not affect rights-of- landowners to have ingress and egress
a oss National Forest lands are no way established under authority of R.S. to their lands.It does not include rights-
ected. 2477(43 U.S.C.932);rights-of-way of-way for power lines or other utilities.
Section 1323(a)of ANILCA and at r transferred to States under 23 U.S.C. Adequate access means a route and
artier laws did not create any new 317;access rights outstanding in third method of access to non-Federal land
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