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FOREST SERVICE HANDBOOK
NORTHERN REGION (REGION 1)
MISSOULA, MT
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 40 – SPECIAL USES ADMINISTRATION
Supplement No.: 2709.11-2005-1
Effective Date: February 12, 2005
Duration: This supplement is effective until superseded or removed.
Approved: KATHLEEN A. MCALLISTER FOR
ABIGAIL R. KIMBELL
Regional Forester
Date Approved: 01/21/2005
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the entire document and replace it with this supplement.
Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook
was 2709.11-2004-6, to chapter 90.
New Document
2709.11_40
16 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
!2709.11-94-4 Transmittal (9/16/94)
2709.11,40-41.34 (9/16/94)
2709.11,41.5 (9/16/94)
2709.11,42-49 (9/16/94)
1 Page
3 Pages
24 Pages
12 Pages
Digest:
Recodes and reformats the chapter to conform to the parent text and current directives style. Moves
fee direction formerly in this chapter to chapters 30 or 90. Revises or removes obsolete direction.
40.2 – Removes unnecessary objective statement and general rental fee cross-reference, for which
there is no code in the parent text.
41.11 – Adds cross-references, edited for clarity and directives style. Renumbered paragraphs to
conform to parent text.
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41.34 – Removes obsolete and unnecessary recreation lodging direction. Fee direction now appears
in Chapter 30 (sec. 31.51).
41.53 – Adds cross-reference and removed discussion of obsolete poster.
41.53c – Renumbers and formats to conform to parent text. Deletes definitions for “day use” and
“river uses.” Changes “designated sites” to “assigned sites” and edits for clarity. Moves “types of
camps and services” to section 41.53j, paragraph 14a.
41.53f – Former section 41.53h recodes here and renumbers to conform to parent text. Revises
reference to current Idaho MOU and deleted obsolete exhibits. Removes former section 41.53f
(Assignment and Management of Priority Use) and former section 41.53h, paragraph 1
(Applications) as those topics are now adequately covered in parent text section 41.53h and Chapter
10 of this Handbook.
41.53g – Renumbers to conform to parent text.
41.53h – Removes, former section 41.53h recodes to section 41.53f to conform to parent text.
41.53j – Recaptions, reformats, and renumbers to conform to parent text. Adds direction for grazing
terms and conditions (para. 6). Adds direction and cross-reference for flat rate fees (para. 8).
Corrects authority for outfitter-guide permits in paragraph 13. In paragraph 14, removes detailed
campsite operation and maintenance items, and relocates general direction for types of camps and
services formerly at section 41.53c.
41.53k – Removes direction for unauthorized non-use and performance evaluation, which now
appears in parent text for this section and section 37.21g. Revises reference to current Idaho MOU
and deletes obsolete exhibits.
41.58 – Revises cross-references to property management direction and edited for directives style.
42.15 – Livestock area direction replaces with Manual cross-references.
42.15a – Livestock area fee direction moved to Handbook section 31.51.
44.4 – Adds cross-reference to Manual direction for cultural resources and treasure trove uses.
Fossil-collecting and disturbing-use policy and authority moved to FSM 2724.4. Deletes nondisturbing-use authority statement that was redundant with the parent text. Renumbers paragraphs
with minor edits for directives style and clarity. Corrects and added cross-references to Regulations,
Manual, and Handbook. Deletes basic lead Forest/Grassland direction now covered in Handbook
section 14. Deletes fee direction now covered in Handbook section 31.51, paragraph 1 and 31.2.
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45.5 – Adds cross-references, changes paragraph captions and number for clarity. Adds additional
restriction for wilderness uses (from FSM 2725.51b, WO ID 2720-2003-1). Removes fee direction,
which now appears at section 36.7. Removes obsolete fee waiver direction.
48.1 – Removes entire section on communications uses. Communications site direction now appears
in Chapter 90.
49 – Numbers and captions paragraphs for clarity. Adds cross-references and edits for brevity and
clarity.
49.2 – Deletes obsolete impoundment fee direction.
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CHAPTER 40 – SPECIAL USES ADMINISTRATION
41 – RECREATION SPECIAL USES
41.1 – Group Use
41.11 – Boat Dock and Wharf
See FSM 2721.11 for additional direction.
1. Commercial Uses. Require commercial permit holders to have public liability insurance
coverage meeting at least Regional minimum requirements (FSM 2713.1 and FSH 2709.11, sec.
14.3).
2. Noncommercial Uses. Authorize noncommercial boat docks only in conjunction with
recreation residence special-uses where there is no conflict between boat docks and proper
waterfront zone management. Boat docks should be covered by special-use permit in accordance
with the following guidelines:
a. When limited tenure is contemplated for an associated recreation residence permit,
include the waterfront structures in the limited tenure plans.
b. If the boat dock and recreation residence lot are closely related and the dock
exclusively serves the recreation residence lot (FSM 2721.3c, para. 3), the boat dock may
be included under the recreation residence authorization as an ancillary use.
c. In some situations a group dock will be desirable to keep as much beach as possible
free from encumbrances. In other cases small individual docks will have the least
unfavorable aesthetic impact. Each case will be decided on its merits.
d. Where more than one holder has an interest in the boat dock or where the dock is not
closely related to the recreation residence lot(s), authorize the dock under a separate
permit. Issue permits only to single entities (FSH 2709.11, sec. 14.1, para. 2).
e. Do not allow docks to be used as a principal place of moorage for boats owned by
persons other than the associated recreation residence permit holder(s).
f. Require docks to be constructed so they are as inconspicuous as possible and do not
create a public safety hazard. Allow either floating or stationary docks as circumstances
warrant. Do not allow dock pilings to extend more than 3 feet above maximum high
water. Do not authorize permanent dock covers. Temporary canvas covers may be used
provided they are an inconspicuous color, are no higher than necessary to cover the
boat(s), and are removed at the end of the use season.
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3. Other Agency Approvals. When a dock would be on a reservoir managed by another
agency (for example, the Bureau of Reclamation or the Corps of Engineers), require the holder to
obtain approval from the reservoir-managing agency.
41.5 – Services
41.53 – Outfitters and Guides
See FSM 2343.8 for additional direction regarding outfitter/guide services needs determination,
coordination with States, helicopter operations, and ski touring.
41.53c – Definitions
Classes of Sites:
1. Assigned Sites. Specific locations on National Forest System land requested by the
permit holder and identified in the special-use permit and/or approved operating plan.
The site will be described by map or map coordinates and may be delineated or otherwise
marked onsite by the Forest Service. Assigned sites will commonly provide for base
camps and end-of-road sites, and are subject to assigned site fees (sec. 37.21h of this
handbook).
2. Unassigned Sites. Locations on National Forest System land that are only generally
defined in the special-use permit and/or approved operating plan. The actual site is
usually selected by the permit holder upon occupancy but may be subject to the
authorized officer's approval. Unassigned sites will be used for short, intermittent
periods customarily on a "first come - first served" basis without any restriction on the
general public.
41.53f – Applications and Issuance of Permits
4. Change of Ownership or Control of the Business Entity.
e. Business ownerships can change by either all- or part-of-the-operation transactions.
The reissuance of permits in either circumstance is subject to all applicable direction and
guidelines found in the parent text. It is only in rare circumstances that permitted
operations will be split or apportioned.
During discussions with the holder and prospective buyer, the authorized officer will
explain that in part-of-the-operation transactions:
(1) The buy/sell agreement will clearly:
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(a) Distinguish the services and activities being transferred to the purchaser; and
(b) Document the bona-fide conveyance of a commensurate proportion of the properties,
improvements, and equipment necessary and attributable to the purchaser's performance
of the services and activities to be offered.
(2) Both parties may be issued new permits subject to review, updating, and revision of:
(a) Terms and conditions;
(b) Tenure; and
(c) Service-day assignment and allocation.
(3) Service-day allocations in the new permits are final with no assurance to the seller for
recapturing the purchaser's authorized amount upon failure of the sale transaction.
f. When considering the relinquishment and application on a part-of-the-operation
transaction there shall be no guarantee to the seller that the services and activities placed
under the purchaser's permit will be reauthorized to the seller should the sales transaction
fail; however, this may occur.
The authorized officer shall analyze the application and decide the extent of authorized
use after determining that:
(1) Both the seller and buyer understand and agree reallocation of service days for any
new permit is at the Forest Service's discretion.
(2) Division of service days will only occur if both operations can function independently
as economically viable businesses capable of providing the expected level of public
service on a sustained basis.
(3) The establishment of dual operations will not adversely impact the resources of the
area.
(4) Overall service to the public can be improved through the separate operations.
5. Idaho Forests: When issuing or administering permits in Idaho, the authorized officer
shall follow the guidelines in the Memorandum of Understanding between the Idaho Outfitter and
Guide Licensing Board and Forest Service Regions 1, 4, and 6 and the Bureau of Land Management
dated December 3, 2003 (or the current document replacing that agreement).
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41.53g – Assignment and Management of Temporary Use
2. Assignment of Temporary Use. Temporary use assignments serve the following
purposes:
a. To allow new holders and current holders with probationary performance ratings an
opportunity to establish, or reestablish, priority assignment qualification.
b. To provide for short duration or intermittent outfitter and guide activities.
c. To supplement priority assignments on a case-by-case, time-to-time basis upon a
holder's specific request.
41.53j – Permit Terms and Conditions
Outfitting and guiding authorizations will incorporate direction and policy found under FSM
2323.13g, 2343.8, and 2354.
5. Operating plans and annual itineraries serve the following purposes:
a. Operating plans establish the season(s) and service day limits of the authorized
activities; establish guidelines and limits for incidental grazing; specify base, spike, and
drop camp locations and layouts; and authorizes temporary improvements on National
Forest System lands throughout the duration of the permit period. Operating plans are
required as part of priority assignment permits.
b. Annual itinerary is a plan specific to the trips and activities that are to occur during the
current authorized period. Itineraries should list trip names, camp locations, trip routes,
periods (seasons) of use, numbers of guests and employees in party, number of livestock
and the amount of supplemental feed, additional service days (temporary) to be utilized,
changes in the operation plan, and any other details appropriate to the permit. Annual
itineraries are required as part of both priority assignment and temporary assignment
permits.
6. Outfitter-guide livestock grazing:
a. Outfitter-guide livestock grazing use should generally be managed via the outfitter
permit. Terms and conditions specific to grazing may be included as a component of the
operating plan. You may select appropriate grazing clauses from the term grazing permit
(Form FS-2200-10), but edit as needed to properly fit within the outfitter operating plan.
(Do not simply attach a term grazing permit form to an outfitter permit.)
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b. In some areas, a range allotment management plan may provide direction for all
livestock activity, coordination, and forage utilization within the allotment (FSM 2210.3,
R1 Supp.). In cases where an outfitter permit will be issued within such an allotment,
outfitter-guide livestock use may be addressed within the allotment management plan
instead of through the outfitter permit. (Such cases will generally be rare and an
exception to the usual practices described in paragraph 6a above.)
8. Do not allow holders to choose a different fee system option when the Forest or Grassland
has instituted flat rate fees (sec. 37.21c, para. 4).
12. Permit tenure/duration: Resource capacities and requirements must support tenure
provisions. Management plans serve as the basis for such decisions. Management direction for both
wilderness and wild and scenic rivers (FSM 2322 and 2354, respectively) must be established before
priority assignment tenure is authorized.
13. Authorize Forest Service facilities used in conjunction with outfitter-guide activities
using Granger-Thye procedures (FSM 2711.7). A single permit may be issued for outfitter-guide
uses including government-owned facilities, but it would be issued under the dual authorities of the
Granger-Thye Act of 1950 and the Land and Water Conservation Fund Act of 1964.
14. Planned use of specific campsites or other occupancy sites:
a. Campsites: Campsites shall be limited to the minimum number and size needed. The
Forest Service may post assigned campsites with appropriate sign(s).
(1) End-of-Road Camp (commonly assigned sites). These camps are customarily located
near roads, road and trail junctions, or airstrips and are accessible by motorized vehicles,
including aircraft. They are used primarily for holding pack stock and equipment and
serve as jumpoff points to trails, but hunting, fishing, or other activities may be
conducted from these camps. Camp locations are approved by the District Ranger and
may be assigned by the Forest Service to the permit holder. The site may provide for
temporary facilities such as parking space, toilet, corral, storage, hitchrack, and tent
space.
(2) Base Camp (commonly assigned sites). These main camps are located and approved
in advance by the District Ranger. Base camps are usually assigned sites, posted and
regularly used during the permitted season by the holder. They are usually not located at
road ends or airstrips. Improvements shall blend with the surroundings and be limited in
size and number to that necessary for the safe and efficient conduct of the business with
the management objective for the land involved.
(3) Spike Camp (commonly unassigned sites). They are approved in advance by the
District Ranger for temporary use by the permit holder for authorized operations. The
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general locality is described in the permit. Spike camp occupancy is subject to the
following conditions:
(a) Sites not assigned to a holder are available for use on a "first-come, first-served"
basis.
(b) Tents and other improvements and equipment should not be set up more than 3 days
in advance of use and removed when use is suspended for more than 3 days.
(c) Improvements will be limited to those necessary for safe and sanitary use of the site.
(d) The holder will normally be limited to three spike camps in addition to an end-of-road
camp and/or base camp. Additional camps must be justified on the basis of need.
(4) Drop Camp (commonly unassigned sites). These are campsites used by parties whose
camp equipment and supplies are packed in and/or out by an outfitter. The sites are not
ordinarily assigned and are usually at a location of the user's choice. The holder may or
may not furnish camp equipment and supplies. Equipment and improvements will be
dismantled and removed when the user vacates the site. The holder is responsible for
campsite cleanup, and resource protection.
(5) Itinerant or Progressive Travel Trips (normally unassigned sites). These are extended
trips of parties that travel through National Forest System land. Camps are usually used
only one or two nights per trip. Sites are not ordinarily assigned, but could be for larger
groups. Itineraries for this type of use are necessary to avoid conflict between users.
b. Facilities:
(1) Outside Wilderness: Toilets, potable water systems, tent frames, small storage
structures, and livestock facilities may be authorized at assigned base and end-of-road
camps. Ordinarily, permit holders will be required to dismantle such facilities at the end
of each season. They may remain in place from one season to the next only when this
will result in improved public service or will protect the Forest resource and not unduly
conflict with other uses. Factors such as anticipated summer use the following year, type
and location of facilities and improvements, length of season, and management
requirements make it difficult to establish rigid policy to cover all situations pertaining to
dismantling improvements.
Improvements that may be left in place and those that must be dismantled will be
specified in the permit operating plan. The specification should be coordinated with
those for adjacent Ranger Districts and Forests.
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Incremental improvements, such as additions to tent frames that tend to gradually
develop into permanent or semi-permanent structures, will not be allowed. If permanent
structures are warranted, they should be planned and properly authorized in advance.
(2) Within Wilderness: Individual wilderness management plans provide overall
direction on the amount, type, and location of camp facilities to be permitted. Specific
instructions on individual camps will be included in permit operating plans. (Refer to
FSM 2323.13g and FSH 2309.19, 21.13.)
15. Authorized officers should provide the holder a simple tally sheet on which actual trip
information can be recorded summarily for end-of-year reports.
41.53k – Permit Administration
2. Idaho Outfitter and Guides. In Idaho, the authorized officer shall use the performance
rating form included as an exhibit in the Memorandum of Understanding between the Idaho Outfitter
and Guide Licensing Board and Forest Service Regions 1, 4, and 6 and the Bureau of Land
Management dated December 3, 2003 (or the current document replacing that agreement).
41.58 – Vendor, Peddler
Authorize vending and concession operations at Forest Service-controlled buildings and facilities in
accordance with FSM 6443.5 - Vending Services, and FSH 6409.31 -Federal Property Management
Regulations (GSA).
42 – AGRICULTURE
42.1 – Crops
42.15 – Livestock Area
See FSM 2722.15, 2722.32, and 2722.41 for proper designation and direction for livestock area uses.
42.15a – Rental Fees
See section 31.51, paragraph 2 for livestock area fees.
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44 – FEASIBILITY, RESEARCH, TRAINING, CULTURAL RESOURCES, AND
HISTORICAL
44.4 – Cultural Resources and Treasure Trove Uses
See FSM 2724.4 for additional direction for cultural resource and treasure trove uses.
1. Cultural Resource Permit Options. Generally, permits may be issued in the following
situations:
a. A specific site or project located within a single Forest or Grassland, or
b. Non-site-specific inventory work on a unit-wide or multiple-site basis (see also FSM
2724.4, para. 2 – “Blanket Permits”), or
c. Specific projects that affect two or more Forests or Grasslands. Examples include
seismic testing, transmission lines, and cost-share roads. See FSH 2709.11, section 14,
paragraph 2 for lead Forest or lead Grassland responsibilities. If any problems are
discovered with the holder's activities, the Forest or Grassland Supervisor for the affected
unit will work directly with the holder and notify both the lead Forest or Grassland and
the Regional Archaeologist. The lead Forest or Grassland will inform all other involved
Forests or Grasslands.
2. Contents of Cultural Resource Application and Permit. In addition to those considerations
and supporting documents referenced in sections 11 and 12, cultural resource use applications must
include the information specified at 36 CFR 296.6(b) (the plan of work, list of the individual(s) who
would conduct the work and their qualifications, identification of the individual(s) who would be
responsible for carrying out the terms and conditions of the permit, evidence of ability to conduct
and complete the work, and, if appropriate, certification of arrangements with an appropriate
curatorial institution).
When issuing cultural resource permits, attach the following documentation to the permit as exhibits:
a. A plan of work, which will serve as the research design describing the nature and
extent of the work proposed, including how and why it is proposed to be conducted,
proposed time of performance, location maps and proposed outlet for public written
dissemination of the investigation results (36 CFR 296.6(b)(1)).
b. A list of principal investigators, project directors, and field leaders responsible for
conducting the work and carrying out the terms and conditions of the permit (36 CFR
296.6(b)(2) and (3)). This list should be in the Designated Principal Investigator format
shown in Exhibit 01, which must be signed by the permit holder.
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c. A resume for each principal investigator (36 CFR 296.8(a)), and proof of their ability
to initiate, conduct and complete the proposed work, including evidence of logistical
support and laboratory facilities (36 CFR 296.6(b)(4)).
d. When applicable, a summary explanation of artifact and curation capabilities or a
letter from an acknowledged repository within the State(s) embraced in the authorized
area (36 CFR 296.6(b)(5)).
3. Environmental Concerns. The authorized officer shall approve the appropriate
environmental document prior to any ground-disturbing activities by the holder.
4. Duration of the Permit. Normally, limit the duration of cultural resource permits to a
period of 1 year or less. Do not issue cultural resource permits for a period greater than 3 years. The
authorized officer shall review annually any cultural resource permit issued for more than 1 year, in
accordance with 36 CFR 296.9(g).
5. Fees. See section 31.51, paragraph 1 for cultural resource permit fees.
6. Mandatory Permit Clauses. See section 51 for mandatory clauses by use code.
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44.4 – Exhibit 01
DESIGNATED PRINCIPAL INVESTIGATOR(S)
With respect to the activities authorized by the Cultural Resources (use code ) special-use
permit to
(Holder)
, dated _______________, 20__, the following listed
individual(s) is/are the designated principal investigator(s) for the ___________(Project)
.
(Name)
(Address)
(Name)
(Address)
(Name)
(Address)
The permit holder understands and agrees that if for any reason none of the above designated
investigators are no longer associated with
(the project)
, and other principal
investigators are selected, operations under this permit shall cease until the qualifications of the
new investigators are reviewed and approved by the Forest Service Archeologist in accordance
with permit provision (clause) .
Breach of permit provision
and this agreement will be cause for suspension and
possible revocation of the permit pursuant to provisions (clauses) .
Submitted:
Signed
(Applicant/Holder)
Dated this
day of
, 20__.
Approved:
Signed
(Authorized Officer)
Dated this
day of
, 20__.
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45 – INDUSTRY
45.5 – Arts
See FSM 2725.5 for additional direction for still photography and commercial filming uses.
1. Applications for Still Photography and Commercial Filming Uses. Require the following
documentation with the application:
a. Number of people involved on location, whether employees, volunteers, contractors,
or other personnel.
b. A schedule of times, dates, and locations of operations.
c. All equipment, materials, and/or chemicals to be available on location.
d. Changes in the natural condition of the area that can reasonably be expected to result
from the production.
2. Liability Insurance and Bonding. Where appropriate, the authorized officer shall require
liability insurance and/or performance bonds (site rehabilitation) sufficient to protect the public
interest.
3. Wilderness. Allow filming in wilderness only when:
a. It is demonstrated that a wilderness setting is required, and
b. No reasonable alternative outside of wilderness exists, and
c. Impacts are negligible, and
d. The holder will accept the limitations and restrictions required for wilderness
management, and
e. The activity contributes to the purposes for which the wilderness was established
(FSM 2725.51b, para. 5).
4. Collection Agreements. Use collection agreements to recover costs incurred by the Forest
Service for activities that are the responsibility of the authorization holder, such as costs incurred by
the use of Government buildings, equipment, and employees (FSM 1584).
5. Fees. See section 36.7 for commercial filming and still photography fees.
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49 – WATER (NON-POWER GENERATING)
See FSM 2729 for additional direction for water uses.
1. Water Rights and Land Occupancy. Any water user who operates a water facility on
National Forest System (NFS) land must have authority from the Federal Government to occupy and
use the land. The Forest Service issues a special-use authorization only for the use of the land to be
occupied by water purposes. It is important that the water rights, which are granted by the states,
and the right-of-way for the storage or transmission of said water be viewed as separate activities.
The ownership of a water right does not authorize the water owner to transport water across NFS
lands.
2. Assertions of Grants and Easements. In certain situations, the owner of a water
development facility may by authorized to occupy NFS lands by means other than a special-use
authorization issued by the Forest Service. When the owner of a water facility asserts an outstanding
grant or easement (and therefore asserts that there is no need for special-use authorization to occupy
NFS lands), and the authorized officer believes that the asserted right might be valid, the Forest or
Grassland Supervisor should forward documentation to the Regional Forester for review. The
Regional Office will review the documentation and seek an opinion from the Office of the General
Counsel (OGC) if warranted. The Regional Office will reply to the Forest or Grassland as to
whether the Forest Service acknowledges that the asserted right authorizes occupancy of NFS lands.
For additional direction and information, see FSM 2701.2, FSM 5522.1 and FSH 5509.11, section
61.
Some water facilities were constructed on unreserved public domain lands under provisions of
Section 9 of the Act of July 26, 1866, R.S. 2339, 43 U.S.C. 661. These grants were made by virtue
of qualified construction alone—the Government did not issue a formal authorizing document.
Therefore, other evidence is required to establish that construction was completed before the lands
were reserved from the public domain must. Such evidence may be in the form of affidavits from
long-time residents, documents adjudicating water rights as filed with State Engineers, and/or
established by court decrees. To process these cases, a plat or a map, at 2 inches to the mile or larger
scale, showing the location of the facilities involved should be submitted to the Regional Office
Land Uses Staff, along with any other evidence supporting the assertion that facility construction
preceded reservation from the public domain. The right-of-way, if verified, should be noted on
Bureau of Land Management (BLM) and Forest Service Land Status Records as having easement
status. Such notation is the responsibility of the Regional Forester.
The U.S. Department of Interior (USDI) may also have issued easements for water facilities on
reserved or unreserved public domain, under several statutes (see FSM 2701.2, FSM 5522.1. and
FSH 5509.11, section 61). Such easements are generally documented in the form of a survey plat
approved under the Secretary of Interior's delegated authority, or an easement instrument issued by
R1 SUPPLEMENT 2709.11-2005-1
EFFECTIVE DATE:02/12/2005
DURATION: This supplement is effective until superseded or removed.
2709.11_40
Page 16 of 16
FSH 2709.11 – SPECIAL USES HANDBOOK
CHAPTER 40 – SPECIAL USES ADMINISTRATION
the USDI, General Land Office, or the BLM. A plat usually shows the facilities covered by the
easement and the lands traversed.
When evidence fails to verify the asserted grant or easement, require owners of these facilities to
accept a special-use authorization, or remove the improvements from NFS land. Before requiring
removal of improvements in such cases, contact the Regional Office Land Uses Staff, which will
coordinate consultation with the OGC and the BLM.
3. Regulation of Easements and Rights-of-way. In any case, the Forest Service retains the
right and responsibility to reasonably regulate the right-of-way or easement to protect NFS lands and
resources. According to certain court cases, an owner of facilities accorded easement status or
covered by USDI easement does not have fee title to the National Forest System lands occupied by
such facilities, but rather, has a conditional easement for a prescribed area which must be used for
the original purpose for which it was obtained. Ordinary facilities maintenance is permitted. With a
ditch, for example, the construction of additional or replacement structures such as a pipe section,
cement diversion structures or improvements of any kind, or the alteration of the stream course
outside of the right-of-way, requires issuance of an additional special-use authorization. The
appropriate authorized officer must approve, in advance, construction of any facilities within the
right-of-way.
4. Termination. If there is evidence that a facility has ceased to be used for the purposes for
which the original easement or right-of-way was granted, the Forest or Grassland Supervisor should
submit a report to the Regional Forester with recommendations for easement termination. The
Regional Forester will follow up with the OGC and the BLM on termination actions.