Laserfiche WebLink
27413 Federal Registe4bVol. 56, No. 115 / Friday, Tune 14. 19911&ulrs and Rct,.ulafions <br /> tr use,an reasonable s In , .Burn thatJ� <br /> that provides farreasonable d use and enjoyment of lt;c Ili In a Idition to c� g <br /> ' enjoyment of the non-Federal land lands based on contemporaneous uses applicable terms and conditions of <br /> consistent with similarly situated non- made of similarly situated lands in the paragraphs(a)through(e)of this section <br /> Federal land and that minimizes damage area and any other relevant criteria. are met,the authorizing officer.prior to <br /> or disturbance to National Forest (b)Landowners must pay an issuing any access authorization,murt <br /> System lands and resources. appropriate fee for the authorized use of also ensure that: <br /> Congrossionaflvdesignated area National Forest System lands in (I)The landowner bus demonstrated <br /> means lands which are within the accordance with 1 25157 of this part. a luck of any existing rights or routes of <br /> boundaries of a component of the (c)A landowner may be required to access available by deed or under State <br /> �I National Wilderness Preservation provide a reciprocal grant of access to or common law: <br /> System.National Wild and Scenic River the United States across the (2)Thr.route is so located and <br /> System.National Trails System.and landowmees property where such constructed as In minimize adverse <br /> ls ao National Monuments.Recreation, reciprocal right is deemed by the impacts on soils,fish and wildlife. <br /> and Scenic Areas within the National authorized officer to be necessary fur scenic,cultural.threatened and <br /> Forest System, and similar arnas the management of adjacent Federal end: rcered species,and other values of <br /> designated by Feederal statute. lard.In such case,the landowner shall the Frderal land; <br /> Landownerfs)means die owner(s)of receive the fair market value of the (31 The location and method of access <br /> non-Federal land or interests in land rights-of-way granted to the United is as consistent as reasonably possible <br /> within the boundaries of the National States.If the value of the rightsof-way with th,e management of any <br /> Forest System. obtained by the Government exceeds congressionally designated area and is <br /> 1251.112 Application requirements. the value of the rights-of-way;ranted, consistent with Forest Lind and. <br /> (a)A landowner shall apply for the difference in value will be paid to Resource Management Plans or the <br /> access across National Forest Sy stem the landowner.If the value of the righ!s- plans are amended to accommodate the <br /> lands in accordance with the application of-way across Government land exceeds access grant and: <br /> requirements of§251.54 of this part the value of the rights-of-way scross the (4)When access routes exist across <br /> private land,an appropriate adjustment the adjacent non-Federal lands or the <br /> Such application shall specifically will be made in the fee charged for the best route as determined by the <br /> include a statement of the intended special use authorization as provided in# authorizing officer is across non-Federal <br /> mode of access to,and uses of,the non- <br /> Federal land for which the special-use 1.Si'For access <br /> of this part lands, the applicant landowner has <br /> (d)For access across National Forest demonstrated that all legal recourse to <br /> authorization is requested. System lands that will have significant obtain reasonable access across <br /> .! (b)The application shall discluse the <br /> historic access to the landowner's non-Forest user traffic,a landowner adjacent non-Federal lands has been <br /> iproperty and any rights of access which maybe required torn roads new roads exhausted or has little chance of <br /> may exist over non-federaily owned roads <br /> reconstruct existing roads to bring the success. <br /> land and shall provide reasons why roads to a safe and adequate standard. IS)qu In addition to the other <br /> these means of access do not provide A landowner also may be required to requirements or this section the <br /> adequate access to the landowners maiprovide for the operation and fallowing gaccess <br /> factors shall be considered in <br /> property. maintenance of the road.This maybe authorizing access to non-federally <br /> (c)The information required to apply done by arranging for such road to be owned lands over National Forest <br /> for access across National Forest lands made part of the local public road System lands which are components of <br /> under this subpart is approved for use system,or formation of a local the National Wilderness Preservation <br /> under Subpart B of this part and improvement district to assume the System: <br /> assigned OAfB Control No.0595-00112 responsibilities for the operation and (1)The use of means of ingress and <br /> maintenance of the road as either a egress which have been or are being <br /> 12511.113 InstrumentMautttortation. private road or as a public road,as customarily used with respect to <br /> To grant authority to construct and/or determined to be appropriate by the similarly situated non-Federal land used <br /> use facilities and structures on National authorizing officer. for similar purposes. <br /> i Forest System lands for access to non- (e)When access is tributary to or (2)The combination of routes and <br /> Federal lands,the authorized officer dependent on forest development roads. modes of travel.including nonmotorized <br /> shall issue a special-use authorization in and traffic over these roads arising from modes,which will cause the least <br /> conformance with the provisions of the use of landowners lands exceeds lasting impact on the wilderness but.at <br /> ' subpart B of this part or a road-use their safe capacity or will cause damage the same time,will permit the <br /> permit.In cases where Road Rights-of- to the roadway.the landowner(s)may reasonable use of the non-federally <br /> way Construction And Use Agreements be required to obtain a road-use permit owned land: <br /> are in effect the authorized officer may and to perform such reconstruction as 13)The examination of a voluntary <br /> grant an easement in accordance with necessary to bring the road to a safe and acquisition of land or interests in land <br /> the provisions of part ZI2 of this chapter. adequate standard to accommodate by exchange.purchase,or donation to <br /> j such traffic in addition to the modify or eliminate the need to use <br /> 9251.114 Criteria,terms and conditions. Government's traffic.In such case,the wilderness areas for access purposes. <br /> (a)In issuing a special-use landowner(s)also shall enter into a <br /> authorization for access to non-Federal cooperative maintenance arrangement <br /> lands,the authorized officer shall with the Forest Service to ensure that <br /> authorize only those access facilities or the landowner's commensurate Is <br /> modes of access that are needed for the maintenance responsibilities are met or <br /> reasonable use and enjoyment of the shall make arrangements to have the <br /> land and that minimize the impacts on Jurisdiction and maintenance <br /> the Federal resources.The authorizing responsibility for the road assumed by <br /> officer shall determine what constitutes the appropriate public road authority. <br /> 13 <br />