BB's Home Page > Rainbow Lore & Literature > The Permit

July 1, 1998 version:

Sec. 251.56 Terms and conditions.

(a) General. Each special use authorization shall contain:

(1) Terms and conditions which will

(i) carry out the purposes of applicable statutes and rules and regulations issued thereunder;

(ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment;

(iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or state law; and

(iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance if those standards are more stringent than applicable Federal standards; and

(2) Such terms and conditions as the authorized officer deems necessary to

(i) protect Federal property and economic interests;

(ii) manage efficiently the lands subject to the use or adjacent thereto;

(iii) protect other lawful users of the lands adjacent to or occupied by such use;

(iv) protect lives and property;

(v) protect the interests of individuals living in the general area of the use who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes;

(vi) require siting to cause least damage to the environment, taking into consideration feasibility and other relevant factors; and

(vii) otherwise protect the public interest.

(b) Duration and renewability.

(1) Requirements. If appropriate, each special use authorization will specify its duration and renewability. The duration shall be no longer than the authorized officer determines to be necessary to accomplish the purpose of the authorization and to be reasonable in light of all circumstances concerning the use, including

(i) resource management direction contained in land management and other plans;

(ii) public benefits provided;

(iii) cost and life expectancy of the authorized facilities;

(iv) financial arrangements for the project; and

(v) the life expectancy of associated facilities, licenses, etc.

Except for special use authorizations issued under the National Forest Ski Area Permit Act of 1986, authorizations exceeding 30 years shall provide for revision of terms and conditions at specified intervals to reflect changing times and conditions.