[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR1001.5]



[Page 206-207]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

                        CHAPTER X--PRESIDIO TRUST

 

PART 1001_GENERAL PROVISIONS--Table of Contents

 

Sec. 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.

    (3) Terminate a restriction, limit, closure, designation, condition, 

or visiting hour restriction imposed under paragraph (a)(1) or (2) of 

this section.

    (b) Except in emergency situations, a closure, designation, use or 

activity restriction or condition, or the termination or relaxation of 

such, which is of a nature, magnitude and duration that will result in a 

significant alteration in the public use pattern of the area 

administered by the Presidio Trust, adversely affect the natural, 

aesthetic, scenic or cultural values of the area administered by the 

Presidio Trust, require a long-term or significant modification in the 

resource management objectives of the area administered 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 Sec. 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 Sec. 1001.7.

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

condition,



[[Page 207]]



schedule of visiting hours, or public use limit is prohibited.