Page images
PDF
EPUB

person or persons may ride on land,
having one, two, or more wheels, ex-
cept a manual wheelchair.

Board means the Board of Directors
of the Presidio Trust or its designee.

Boundary means the limits of lands
or waters administered by the Presidio
Trust as specified by Congress, or de-
noted by presidential proclamation, or
recorded in the records of a state or po-
litical subdivision in accordance with
applicable law, or published pursuant
to law, or otherwise published or post-
ed by the Presidio Trust.

Camping means the erecting of a tent
or shelter of natural or synthetic mate-
rial, preparing a sleeping bag or other
bedding material for use, parking of a
motor vehicle, motor home or trailer,
or mooring of a vessel for the apparent
purpose of overnight occupancy.

Carry means to wear, bear, or have on
or about the person.

Controlled substance means a drug or
other substance, or immediate pre-
cursor, included in schedules I, II, III,
IV, or V of part B of the Controlled
Substance Act (21 U.S.C. 812) or a drug
or substance added to these schedules
pursuant to the terms of the Act.

Cultural resource means material re-
mains of past human life or activities
that are of significant cultural interest
and are less than 50 years of age. This
term includes, but shall not be limited
to, objects made or used by humans,
such as pottery, basketry, bottles,
weapons, weapon projectiles, tools,
structures or portions of structures, or
any portion or piece of the foregoing
items, and the physical site, location,
or context in which they are found, or
human skeletal materials or graves.

Developed area means roads, parking
areas, picnic areas, campgrounds, or
other structures, facilities or lands lo-
cated within development and historic
zones depicted on the land manage-
ment and use map for the area admin-
istered by the Presidio Trust.

Downed aircraft means an aircraft
that cannot become airborne as a re-
sult of mechanical failure, fire, or acci-
dent.

Executive Director means the Execu-
tive Director of the Presidio Trust or
his or her designee.

Firearm means a loaded or unloaded
pistol, rifle, shotgun or other weapon

which is designed to, or may be readily
converted to, expel a projectile by the
ignition of a propellant.

Fish means any member of the sub-
classes Agnatha, Chondrichthyes, or
Osteichthyes, or any mollusk or crus-
tacean found in salt water.

Fishing means taking or attempting
to take fish.

Hunting means taking or attempting
to take wildlife, except trapping.

Legislative jurisdiction means lands
and waters under the exclusive or con-
current jurisdiction of the United
States.

Manual wheelchair means a device
that is propelled by human power, de-
signed for and used by a mobility-im-
paired person.

Motor vehicle means every vehicle
that is self-propelled and every vehicle
that is propelled by electric power, but
not operated on rails or upon water, ex-
cept a snowmobile and a motorized
wheelchair.

Motorcycle means every motor vehi-
cle having a seat for the use of the
rider and designed to travel on not
more than three wheels in contact with
the ground, but excluding a tractor.

Motorized wheelchair means a self-pro-
pelled wheeled device, designed solely
for and used by a mobility-impaired
person for locomotion, that is both ca-
pable of and suitable for use in indoor
pedestrian areas.

Net means a seine, weir, net wire, fish
trap, or other implement designed to
entrap fish, except a hand-held landing
net used to retrieve fish taken by hook
and line.

Nondeveloped area means all lands
and waters within the area adminis-
tered by the Presidio Trust other than
developed areas.

Operator means a person who oper-
ates, drives, controls, otherwise has
charge of or is in actual physical con-
trol of a mechanical mode of transpor-
tation or any other mechanical equip-
ment.

Pack animal means horses, burros,
mules or other hoofed mammals when
designated as pack animals by the Ex-
ecutive Director.

Permit means a written authorization
to engage in uses or activities that are
otherwise prohibited, restricted, or reg-
ulated.

[blocks in formation]

Practitioner means a physician, den-
tist, veterinarian, scientific investi-
gator, pharmacy, hospital or other per-
son licensed, registered or otherwise
permitted by the United States or the
jurisdiction in which such person prac-
tices to distribute or possess a con-
trolled substance in the course of pro-
fessional practice.

Presidio Trust and Trust mean the
wholly-owned federal government cor-
poration created by the Presidio Trust
Act.

Presidio Trust Act means Title I of
Public Law 104-333, 110 Stat. 4097, as
the same may be amended.

Presidio Trust road means the main-
traveled surface of a roadway open to
motor vehicles, owned, controlled or
otherwise administered by the Presidio
Trust.

Printed matter means message-bearing
textual printed material such as books,
pamphlets, magazines and leaflets and
does not include other forms of mer-
chandise, such as posters, coffee mugs,
sunglasses, audio or videotapes, T-
shirts, hats, ties, shorts and other
clothing articles.

Public use limit means the number of
persons; number and type of animals;
amount, size and type of equipment,
vessels, mechanical modes of convey-
ance, or food/beverage containers al-
lowed to enter, be brought into, remain
in, or be used within a designated geo-
graphic area or facility; or the length
of time a designated geographic area or
facility may be occupied.

Refuse means trash, garbage, rubbish,
waste papers, bottles or cans, debris,
litter, oil, solvents, liquid waste, or
other discarded materials.

Services means, but is not limited to,
meals and lodging, labor, professional
services, transportation, admission to
exhibits, use of telephone or other util-
ities, or any act for which payment is
customarily received.

Smoking means the carrying of light-
ed cigarettes, cigars or pipes, or the in-
tentional and direct inhalation of
smoke from these objects.

Snowmobile means a self-propelled ve-
hicle intended for travel primarily on
snow, having a curb weight of not more
than 1000 pounds (450 kg), driven by a
track or tracks in contact with the
snow, and steered by a ski or skis in
contact with the snow.

State means a State, territory, or
possession of the United States.

State law means the applicable and
nonconflicting laws, statutes, regula-
tions, ordinances, infractions and codes
of the State(s) and political subdivi-
sion(s) within whose exterior bound-
aries the area administered by the Pre-
sidio Trust or a portion thereof is lo-
cated.

Take or taking means to pursue, hunt,
harass, harm, shoot, trap, net, capture,
collect, kill, wound, or attempt to do
any of the aforementioned.

Traffic means pedestrians, ridden or
herded animals, vehicles and other con-
veyances, either singly or together
while using any road, trail, street or
other thoroughfare for purpose of trav-
el.

Traffic control device means a sign,
signal, marking or other device placed
or erected by, or with the concurrence
of, the Executive Director for the pur-
pose of regulating, warning, guiding or
otherwise controlling traffic or regu-
lating the parking of vehicles.

Trap means a snare, trap, mesh, wire
or other implement, object or mechan-
ical device designed to entrap or kill
animals other than fish.

Trapping means taking or attempting
to take wildlife with a trap.

Underway means when a vessel is not
at anchor, moored, made fast to the
shore or docking facility, or aground.

Unloaded, as applied to weapons and
firearms, means that:

(1) There is no unexpended shell, car-
tridge, or projectile in any chamber or
cylinder of a firearm or in a clip or
magazine inserted in or attached to a
firearm;

(2) A muzzle-loading weapon does not
contain gun powder in the pan, or the
percussion cap is not in place; and

(3) Bows, crossbows, spear guns or
any implement capable of discharging

a missile or similar device by means of a loading or discharging mechanism, when that loading or discharging mechanism is not charged or drawn.

Vehicle means every device in, upon, or by which a person or property is or may be transported or drawn on land, except snowmobiles and devices moved by human power or used exclusively upon stationary rails or track.

Vessel means every type or description of craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, including a buoyant device permitting or capable of free flotation.

Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes a weapon the possession of which is prohibited under the laws of the State in which the area administered by the Presidio Trust or portion thereof is located.

Wildlife means any member of the animal kingdom and includes a part, product, egg or offspring thereof, or the dead body or part thereof, except fish.

§ 1001.5 Closures and public use limits.

(a) Consistent with applicable legislation and Federal administrative policies, and based upon a determination that such action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to scientific research, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities, the Board may:

(1) Establish, for all or a portion of the area administered by the Presidio Trust, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of the area administered by the Presidio Trust to all public use or to a specific use or activity.

(2) Designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity.

[blocks in formation]

(b) Except in emergency situations, a closure, designation, use or activity re- 1 striction or condition, or the termi- 1 nation or relaxation of such, which is 1 of a nature, magnitude and duration that will result in a significant alter-i ation in the public use pattern of the area administered by the Presidio 1 Trust, adversely affect the natural, i aesthetic, scenic or cultural values of 1 the area administered by the Presidio : Trust, require a long-term or significant modification in the resource management objectives of the area admin- 1 istered by the Presidio Trust, or is of a highly controversial nature, shall be published as rulemaking in the FEDERAL REGISTER.

(c) Except in emergency situations, prior to implementing or terminating a restriction, condition, public use limit or closure, the Board shall prepare a written determination justifying the action. That determination shall set forth the reason(s) the restriction, condition, public use limit or closure authorized by paragraph (a) of this section has been established, and an explanation of why less restrictive measures will not suffice, or in the case of a termination of a restriction, condition. public use limit or closure previously established under paragraph (a) of this section, a determination as to why the restriction is no longer necessary and a finding that the termination will not adversely impact resources of the area administered by the Presidio Trust. This determination shall be available to the public upon request.

(d) To implement a public use limit, the Board may establish a permit, registration, or reservation system. Permits shall be issued in accordance with the criteria and procedures of § 1001.6.

(e) Except in emergency situations, the public will be informed of closures, designations, and use or activity restrictions or conditions, visiting hours, public use limits, public use limit procedures, and the termination or relaxation of such, in accordance with § 1001.7.

(f) Violating a closure, designation, use or activity restriction or condition,

[blocks in formation]

(a) When authorized by regulations set forth in this chapter, the Executive Director may issue a permit to authorize an otherwise prohibited or restricted activity or impose a public use limit. The activity authorized by a permit shall be consistent with applicable legislation, Federal regulations and administrative policies, and based upon a determination that public health and safety, environmental or scenic values, natural or cultural resources, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities will not be adversely impacted.

(b) Except as otherwise provided, application for a permit shall be submitted to the Executive Director during normal business hours.

(c) The public will be informed of the existence of a permit requirement in accordance with § 1001.7.

(d) Unless otherwise provided for by the regulations in this chapter, the Executive Director shall deny a permit that has been properly applied for only a determination that the desupon ignated capacity for an area or facility would be exceeded; or that one or more of the factors set forth in paragraph (a) of this section would be adversely impacted. The basis for denial shall be provided to the applicant upon request.

(e) The Executive Director shall include in a permit the terms and conditions that the Executive Director deems necessary to protect resources of the area administered by the Presidio Trust or public safety and may also include terms or conditions established pursuant to the authority of any other section of this chapter.

(f) A compilation of those activities requiring a permit shall be maintained by the Executive Director and available to the public upon request.

(g) The following are prohibited: (1) Engaging in an activity subject to a permit requirement imposed pursuant to this section without obtaining a permit; or

(2) Violating a term or condition of a permit issued pursuant to this section.

(h) Violating a term or condition of a permit issued pursuant to this section may also result in the suspension or revocation of the permit by the Executive Director.

$1001.7 Public notice.

(a) Whenever the authority of § 1001.5(a) is invoked to restrict or control a public use or activity, to relax or revoke an existing restriction or control, to designate all or a portion of the area administered by the Presidio Trust as open or closed, or to require a permit to implement a public use limit, the public shall be notified by one or more of the following methods:

(1) Signs posted at conspicuous locations, such as normal points of entry and reasonable intervals along the boundary of the affected locale.

(2) Maps available in the office of the Presidio Trust and other places convenient to the public.

(3) Publication in a newspaper of general circulation in the affected area.

(4) Other appropriate methods, such as the removal of closure signs, use of electronic media, brochures, maps and handouts.

[blocks in formation]

§ 1001.8 Information collection.

The information collection requirements contained in 36 CFR 1001.5, 1002.5, 1002.10, 1002.12, 1002.17, 1002.33, 1002.38, 1002.50, 1002.51, 1002.52, 1002.60, 1002.61, 1002.62, 1004.4 and 1004.11 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq., and assigned clearance number 1024-0026. This information is being collected to provide the Executive Director data necessary to issue permits for special uses of the area administered by the Presidio Trust and to obtain notification of accidents that occur within the area administered by the Presidio Trust. This information will be used to grant administrative benefits

[blocks in formation]
[blocks in formation]

or dis

(1) Possessing, destroying, injuring, defacing, removing, digging, turbing from its natural state:

(i) Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests.

(ii) Plants or the parts or products thereof.

(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.

(iv) A mineral resource or cave formation or the parts thereof.

(2) Introducing wildlife, fish or plants, including their reproductive bodies, into an ecosystem within the Presidio administered by the

area Trust.

(3) Tossing, throwing or rolling rocks or other items inside caves or caverns, into valleys, canyons, or caverns, down hillsides or mountainsides, or into thermal features.

(4) Using or possessing wood gathered from within the area administered by the Presidio Trust: Provided, however, that the Board may designate areas where dead wood on the ground may be collected for use as fuel for campfires within the area administered by the Presidio Trust.

(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the Board.

(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.

(7) Possessing or using a mineral or metal detector, magnetometer, side

« PreviousContinue »