Wow, this is interesting....
- From: Tha Billdozer <billdozer@xxxxxxxxxxxxxxxxxx>
- Date: Tue, 27 Dec 2005 20:21:47 GMT
(c) A special use authorization is *NOT REQUIRED* for noncommercial recreational activities such as camping, picnicking, hiking, fishing, hunting, horseback riding, and boating, as well as noncommercial activities involving the expression of views such as assemblies, meetings, demonstrations, and parades, except for:
[EMPHASIS ABOVE WAS MINE]... BUT, from what I read that would pretty much exclude gatherings from requiring a permit becuz they are held for the expressed purpose of expression of views, some people attend as ameans of protest, and they are pretty much camp outs where pholks do hike, bike, and all sort of things.
(1) Authorization of such use is required by an order issued pursuant to 36 CFR 261.50;
Uhm, OK... here is the text of 36 CFR 261.50: http://www.access.gpo.gov/nara/cfr/waisidx_00/36cfr261_00.html
[Code of Federal Regulations] [Title 36, Volume 2, Parts 200 to 299] [Revised as of July 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR261.50]
[Page 358]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
DEPARTMENT OF AGRICULTURE
PART 261--PROHIBITIONS--Table of Contents
Subpart B--Prohibitions in Areas Designated by Order
Sec. 261.50 Orders.
(a) The Chief, each Regional Forester, each Experiment Station Director, the Administrator of the Lake Tahoe Basin Management Unit and each Forest Supervisor may issue orders which close or restrict the use of described areas within the area over which he has jurisdiction. An order may close an area to entry or may restrict the use of an area by applying any or all of the prohibitions authorized in this subpart or any portion thereof. (b) The Chief, each Regional Forester, each Experiment Station Director, the Administrator of the Lake Tahoe Basin Management Unit and each Forest Supervisor may issue orders which close or restrict the use of any forest development road or trail within the area over which he has jurisdiction. (c) Each order shall: (1) For orders issued under paragraph (a) of this section, describe the area to which the order applies; (2) For orders issued under paragraph (b) of this section, describe the road or trail to which the order applies; (3) Specify the times during which the prohibitions apply if applied only during limited times; (4) State each prohibition which is applied; and (5) Be posted in accordance with Sec. 261.51. (d) The prohibitions which are applied by an order are supplemental to the general prohibitions in Subpart A. (e) An order may exempt any of the following persons from any of the prohibitions contained in the order: (1) Persons with a permit specifically authorizing the otherwise prohibited act or omission. (2) Owners or lessees of land in the area; (3) Residents in the area; (4) Any Federal, State, or local officer, or member of an organized rescue or fire fighting force in the performance of an offical duty; and (5) Persons engaged in a business, trade, or occupation in the area. (6) Any other person meeting exemption requirements specified in the order. (f) Any person wishing to use a Forest development road or trail or a portion of the National Forest System, should contact the Forest Supervisor, Director, Administrator, or District Ranger to ascertain the special restrictions which may be applicable thereto.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 42 FR 35959, July 13, 1977; 46 FR 33521, June 30, 1981]
Uhm, OK... so lets stay out of the Lake Tahoe Basin area... solves that problem.
(2) Authorization of such use is required by a regulation issued pursuant to 36 CFR 261.70;
And here is the text of 36 CFR 261.70: http://www.access.gpo.gov/nara/cfr/waisidx_00/36cfr261_00.html
[Code of Federal Regulations] [Title 36, Volume 2, Parts 200 to 299] [Revised as of July 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR261.70]
[Page 360-361]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
DEPARTMENT OF AGRICULTURE
PART 261--PROHIBITIONS--Table of Contents
Subpart C--Prohibitions in Regions
Sec. 261.70 Issuance of regulations.
(a) Pursuant to 7 CFR 2.60, the Chief, and each Regional Forester, to whom the Chief has delegated authority, may issue regulations prohibiting acts or omissions within all or any part of the
[[Page 361]]
area over which he has jurisdiction, for one or more of the following
purposes:
(1) Fire prevention or control.
(2) Disease prevention or control.
(3) Protection of property, roads, or trails.
(4) Protection of threatened, endangered, rare, unique, or vanishing
species of plants, animals, birds or fish, or special biological
communities.
(5) Protection of objects or places of historical, archaeological,
geological or paleontological interest.
(6) Protection of scientific experiments or investigations.
(7) Public safety.
(8) Protection of health.
(9) Establishing reasonable rules of public conduct.
(b) Regulations issued under this subpart shall not be contrary to
or duplicate any prohibition which is established under existing
regulations.
(c) In issuing any regulations under paragraph (a) of this section,
the issuing officer shall follow 5 U.S.C. 553.
(d) In a situation when the issuing officer determines that a notice
of proposed rule making and public participation thereon is
impracticable, unnecessary, or contrary to the public interest, he shall
issue, with the concurrence of the Chief, an interim regulation
containing an expiration date.
(e) No interim regulation issued under paragraph (d) of this section
will be effective for more than 90 days unless readopted as a permanent
rule after a notice of proposed rule making under 5 U.S.C. 553 (b) and
(c).
_______________________________________________________________So, what I see here is that it is up to the local rangers whether a permit is needed or not... for those looking for the final rule effective as of August of 2004 go here:
http://www.fs.fed.us/recreation/permits/
But, I found this in there which I think needs to be discussed.
SUMMARY: The Department is revising regulations that govern the issuance and administration of special use authorizations on National Forest System lands to clarify categories of activities for which a special use authorization is required. In particular, this final rule clarifies requirements regarding the issuance of special use authorizations for activities involving National Forest System roads and trails. The revised regulations promote consistency in the special uses program, improve the agency’s ability to resolve management issues by requiring permits in certain situations, and reduce the agency’s administrative costs by eliminating the need to issue a Forest order to require a special use permit in certain situations and by providing the authorized officer with the discretion to waive the requirement for a special use authorization when issuance of a permit serves no management purpose.
But even further in that document it states:
"Approximately 72,000 special use authorizations are in effect on National Forest System lands. These uses cover a variety of activities ranging from individual private uses to large-scale commercial facilities and public services."
But wait a minute... the permit regs state that it must be group of 74+ people... how can they issue permits to individuals ??
I seriously think that people need to read this document... I am finding a host of things in there to use.
--
You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.
R. Buckminster Fuller
.
- Follow-Ups:
- Re: Wow, this is interesting....
- From: Hawker
- Re: Wow, this is interesting....
- Prev by Date: For those of you who missed out on your christmas day "rump of rudolph"
- Next by Date: Re: Non-Commercial Group Use permits
- Previous by thread: For those of you who missed out on your christmas day "rump of rudolph"
- Next by thread: Re: Wow, this is interesting....
- Index(es):
Relevant Pages
|