36 C.F.R. § 212.1

Definitions

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For the purpose of this part the following terms, respectively, shall mean:

Administrative unit. A National Forest, a National Grassland, a purchase unit, a land utilization project, Columbia River Gorge National Scenic Area, Land Between the Lakes, Lake Tahoe Basin Management Unit, Midewin National Tallgrass Prairie, or other comparable unit of the National Forest System.

Area. A discrete, specifically delineated space that is smaller, and, except for over-snow vehicle use, in most cases much smaller, than a Ranger District.

Chief. The Chief, Forest Service, Department of Agriculture.

Construction engineering. All work and expense of setting out, controlling, inspecting, and measuring the construction or reconstruction of a forest transportation facility including:

(1) Construction surveys to establish line and grade for the work, to control the work, and to measure quantities;

(2) Redesigning, adjusting, and changing the plans, specifications, and materials to meet conditions;

(3) Inspecting, directing, and controlling operations for compliance with plans and specifications;

(4) Inspecting, testing, and accepting materials and equipment to be installed in the work; and

(5) Inspecting, measuring, and accepting completed work.

Designation of over-snow vehicle use. Designation of a National Forest System road, a National Forest System trail, or an area on National Forest System lands where over-snow vehicle use is allowed pursuant to § 212.81.

Federal airport funds. Discretionary funds available for airfields in National Forests under section 6(b)(3) of the Act of May 13, 1946 (60 Stat. 173), as amended; 49 U.S.C. 1105(b)(3).

Forest road and trail funds. Funds authorized or appropriated for the purpose of carrying out the provisions of section 205 of the Act of August 27, 1958 (72 Stat. 907), as amended; 23 U.S.C. 205.

Forest road or trail. A road or trail wholly or partly within or adjacent to and serving the National Forest System that the Forest Service determines is necessary for the protection, administration, and utilization of the National Forest System and the use and development of its resources.

Forest transportation atlas. A display of the system of roads, trails, and airfields of an administrative unit.

Forest transportation facility. A forest road or trail or an airfield that is displayed in a forest transportation atlas, including bridges, culverts, parking lots, marine access facilities, safety devices, and other improvements appurtenant to the forest transportation system.

Forest transportation system. The system of National Forest System roads, National Forest System trails, and airfields on National Forest System lands.

Maintenance. The upkeep of the entire forest transportation facility including surface and shoulders, parking and side areas, structures, and such traffic-control devices as are necessary for its safe and efficient utilization.

Motor vehicle. Any vehicle which is self-propelled, other than:

(1) A vehicle operated on rails; and

(2) Any wheelchair or mobility device, including one that is battery-powered, that is designed solely for use by a mobility-impaired person for locomotion, and that is suitable for use in an indoor pedestrian area.

Motor vehicle use map. A map reflecting designated roads, trails, and areas on an administrative unit or a Ranger District of the National Forest System.

National Forest System. As defined in the Forest Rangeland Renewable Resources Planning Act, the “National Forest System” includes all National Forest lands reserved or withdrawn from the public domain of the United States, all National Forest lands acquired through purchase, exchange, donation, or other means, the National Grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tennant Act (50 Stat. 525, 7 U.S.C. 1010-1012), and other lands, waters or interests therein which are administered by the Forest Service or are designated for administration through the Forest Service as a part of the system.

National Forest System road. A forest road other than a road which has been authorized by a legally documented right-of-way held by a State, county, or other local public road authority.

National Forest System trail. A forest trail other than a trail which has been authorized by a legally documented right-of-way held by a State, county, or other local public road authority.

Off-highway vehicle. Any motor vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.

Over-snow vehicle. A motor vehicle that is designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow.

Over-snow vehicle use map. A map reflecting roads, trails, and areas designated for over-snow vehicle use on an administrative unit or a Ranger District of the National Forest System.

Preconstruction engineering. All work and expense of preparing for construction or reconstruction of a forest transportation facility including:

(1) Engineering and economic investigations, studies, and reports;

(2) Reconnaissance surveys;

(3) Preliminary surveys;

(4) Preliminary location surveys;

(5) Soils, foundations, and materials investigations, surveys, and tests;

(6) Preliminary and final designs;

(7) Preliminary and final plans, drawings, specifications, and estimates of quantities and cost;

(8) Final location surveys staked on the ground; and

(9) Rights-of-way surveys, plans, and descriptions.

Regional forester. A regional forester of the Forest Service.

Road. A motor vehicle route over 50 inches wide, unless identified and managed as a trail.

Road and trail 10 percent funds. Funds available from the permanent appropriation “Roads and Trails for States” under the Act of March 4, 1913 (37 Stat. 843), as amended; 16 U.S.C. 501.

Road construction or reconstruction. Supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a road.

Road Decommissioning. Activities that result in the stabilization and restoration of unneeded roads to a more natural state.

Temporary road or trail. A road or trail necessary for emergency operations or authorized by contract, permit, lease, or other written authorization that is not a forest road or trail and that is not included in a forest transportation atlas.

Trail. A route 50 inches or less in width or a route over 50 inches wide that is identified and managed as a trail.

Travel management atlas. An atlas that consists of a forest transportation atlas and a motor vehicle use map or maps.

Unauthorized road or trail. A road or trail that is not a forest road or trail or a temporary road or trail and that is not included in a forest transportation atlas.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 Stat. 1421 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 Stat. 1089; 16 U.S.C. 471, 478, 498, 525, 528, 531, 532, 538, 551, 572, 23 U.S.C. 101, 205, 40 U.S.C. 257, 258a, et seq., 42 Atty. Gen. Op. No. 7, Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 41 Comp. Gen. 576, and 42 Comp. Gen. 590) [30 FR 5476, Apr. 16, 1965, as amended at 66 FR 3216, 3217, Jan. 12, 2001; 70 FR 68287, Nov. 9, 2005; 80 FR 4511, Jan. 28, 2015]

Notes of Decisions

Cited in 25 cases, 1993–2020 · leading case: All. for the Wild Rockies v. Usfs, 907 F.3d 1105 (9th Cir. 2018).

Sort: Relevance Newest Treatment

All. for the Wild Rockies v. Usfs, 907 F.3d 1105 (9th Cir. 2018). “3206 (Jan 12, 2001) (Subpart A codified at 36 C.F.R. §§ 212.1 to 212.21).6 Relevant here, the Forest Service must “identify the [MRS] needed for safe and efficient travel and for administration, utilization, and protection of National Forest System lands.”

Wyoming v. United States Dep't of Agric., 239 F. Supp. 2d 1219 (D. Wyo. 2002). · cites it 2× “(“Planning Rule”); (3) revisions to the Forest Transportation System Policy (“Transportation Policy”); and (4) revisions to the National Forest System Road Management Rule, 36 C.F.R. § 212.1 et seq. (“Road Management Rule”).”

Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (S.D. Ill. 2004). · cites it 3× “36 C.F.R. § 212.1 . A careful review of this regulation reveals, however, that rather than establishing a clear duty to act, it sets a goal and directs the Forest Service to work toward that goal.”

Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001). “” 36 C.F.R. § 212.1 (i). Moreover, the NFRTA provides that the Forest Service may require an inholder to grant a reciprocal benefit, such as a right of way, as needed by the United States.”

WildEarth Guardians v. Montana Snowmobile Ass'n, 790 F.3d 920 (9th Cir. 2015). “True, the TMR refers to a designated area as “an area on National Forest Sys *931 tem lands that is designated for motor vehicle use,” 36 C.F.R. § 212.1 , without specifying how narrowly an area must be drawn.”

Cleveland v. United States, 546 F. Supp. 2d 732 (N.D. Cal. 2008). · cites it 3× “” 36 C.F.R. § 212.1 (2007). A “trail” is "[a] route 50 inches or less in width or a route over 50 inches wide that is identified and managed as a trail.”

Cent. Sierra Env't Resource Ctr. v. United States Forest Serv., 916 F. Supp. 2d 1078 (E.D. Cal. 2013). · cites it 2× “” 36 C.F.R. § 212.1 . Plaintiffs allege that the use of OHVs and other motor vehicles in the Stanislaus may endanger non-motorized visitors such as bird watchers, hikers and campers.”

Ctr. for Sierra Nevada Conservation v. United States Forest Serv., 832 F. Supp. 2d 1138 (E.D. Cal. 2011). “3206 (Jan 12, 2001), codified at 36 C.F.R. §§ 212.1 to 212.21. Subpart A requires the Forest Service to determine, for each National Forest, the “minimum road system needed for safe and efficient travel and for utilization, and protection of National Forest System lands.”

Forest Conservation Council v. Espy, 835 F. Supp. 1202 (D. Idaho 1993). “” 36 C.F.R. § 212.1 (d) (1992). 2 . See Mountain States Legal Found.”

Biodiversity Conservation All. v. United States Forest Serv., 765 F.3d 1264 (10th Cir. 2014). “36 C.F.R. § 212.1 . "Route” is a general term used to describe either a road or a trail.”

Native Ecosystems Council v. Krueger, 946 F. Supp. 2d 1060 (D. Mont. 2013). “, and as “[a] road or trail necessary for emergency operations, or authorized by contract, permit, lease, or other written authorization that is not a forest road or trail that is not included in the Forest Transportation Atlas (36 CFR 212.1 (2005) Transportation System),” id.”

Wildlands CPR, Inc. v. United States Forest Serv., 872 F. Supp. 2d 1064 (D. Mont. 2012). “In the last prong of their challenge, Plaintiffs claim the Travel Management Rule, 36 C.F.R. 212.1 et seq. Subpart C, promulgated by the Forest Service in November 2005, should be set aside insofar as it exempts over-snow vehicles from mandatory route designation.”

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