16 USC 460lll-25 – Special use authorizations
(a) In general
In addition to other authorities for the authorization of special uses within the National Forest System, within the Recreation Area, the Secretary may, on such terms and conditions as the Secretary may prescribe—
(1) convey for no consideration perpetual easements to governmental units for public roads over United States Route 68 and the Trace, and such other rights-of-way as the Secretary and a governmental unit may agree;
(2) transfer or lease to governmental units developed recreation sites or other facilities to be managed for public purposes; and
(3) lease or authorize recreational sites or other facilities, consistent with sections 460lll-1(2) and 460lll-11(b)(2) of this title.
(b) Consideration
(1) In general
Consideration for a lease or other special use authorization within the Recreation Area shall be based on fair market value.
(2) Reduction or waiver
The Secretary may reduce or waive a fee to a governmental unit or nonprofit organization commensurate with other consideration provided to the United States, as determined by the Secretary.
(c) Procedure
Terms Used In 16 USC 460lll-25
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
The Secretary may use any fair and equitable method for authorizing special uses within the Recreation Area, including public solicitation of proposals.
(d) Existing authorizations
(1) In general
A permit or other authorization granted by the Tennessee Valley Authority that is in effect on the date of transfer pursuant to section 460lll-41 of this title may continue on transfer of administration of the Recreation Area to the Secretary.
(2) Reissuance
A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Secretary.
(3) Exercise of rights
The Secretary may exercise any of the rights of the Tennessee Valley Authority contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization.