Use Permits for National Forest Lands: Hearing Before the Subcommittee on Forests of the Committee on Agriculture, House of Representatives, Ninety-third Congress, Second Session, on H.R. 3174, April 10, 1974

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Página 9 - Senate of the State of California, jointly, That the Legislature of the State of California respectfully memorializes the President and the Congress of the United States to...
Página 9 - Resolved, That the secretary of the senate is hereby directed to transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, and to each Senator and Representative from California in the Congress of the United States.
Página 3 - Such possessory interest shall not be construed to include or imply any authority, privilege, or right to operate or engage in any business or other activity, and the use or enjoyment of any structure, fixture, or improvement in which the concessioner has a possessory interest shall be wholly subject to the applicable provisions of the contract and of laws and regulations relating to the area.
Página 18 - Agriculture, any structure, fixture or improvement of any national forest lands shall have a possessory interest therein * * * Such possessory interest shall not be extinguished by the expiration or other termination of the permit (including failure to renew or extend) and may not be taken for public use without just compensation.
Página 5 - In cooperation with grazing permittees because of the new financial obligation it would place on the government to provide compensation for structures and improvements. Assignment of possessory interests in structures and improvements could also lead to claims of a right of compensation when permit stipulations are revised to meet environmental standards and provide protection of other National Forest resources and values. For example many grazing permittees feel there is a strong argument favoring...
Página 9 - Service special use permittees and provide for a "fair market value" payment in cash to any such permittee should his permit be canceled or, for any reason, not renewed ; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States...
Página 11 - Today we feel we have come up with a workable approach to the problem. Granted the principal beneficiary of the legislation would be the summer home permittee. The average summer home permittee has made investments in not only the structure, his cabin, but also in many cases, because he felt that he had an assurance from the Forest Service for a long term tenure, he went ahead and built roads and water and electrical systems on the property and made other types of Improvements. Particularly this...
Página 4 - ... where the specified term of the permit has expired. Permittees who have acquired or placed structures and improvements on the national forest lands have done so under the terms of their permits. Sometimes they do not need nor do they expect more than temporary or limited use of the permitted area. To give these permittees the possessory interest and entitlement to compensation as HR 3174 would do, would bestow on them an asset or windfall that was not contemplated when they accepted their permits....
Página 20 - ... placed structures and improvements on the National Forest lands have done so under known and agreed to provisions of their permits. In many instances it is known that the permittee's need for use of the area or the period of use of the area to be allowed will be temporary or for a limited time only. To give these permittees the possessory interest and entitlement to compensation as HR 3174 would do, would bestow on them an asset or windfall that was not contemplated when they accepted their permits....
Página 19 - STATEMENT OF THOMAS C. NELSON, DEPUTY CHIEF, FOREST SERVICE, US DEPARTMENT OF AGRICULTURE Mr. NELSON. Not at all, Mr. Chairman. Thank you for this opportunity to participate in your consideration of HR 3174, a bill pertaining to use permits on national forest lands. HR 3174 would provide that any person who, pursuant to a permit issued by the...

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