36 C.F.R. § 212.51

Designation of roads, trails, and areas

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(a) General. Motor vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or Ranger Districts of the National Forest System, provided that the following vehicles and uses are exempted from these designations:

(1) Aircraft;

(2) Watercraft;

(3) Over-snow vehicles (see § 212.81);

(4) Limited administrative use by the Forest Service;

(5) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;

(6) Authorized use of any combat or combat support vehicle for national defense purposes;

(7) Law enforcement response to violations of law, including pursuit; and

(8) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations.

(b) Motor vehicle use for dispersed camping or big game retrieval. In designating routes, the responsible official may include in the designation the limited use of motor vehicles within a specified distance of certain forest roads or trails where motor vehicle use is allowed, and if appropriate within specified time periods, solely for the purposes of dispersed camping or retrieval of a downed big game animal by an individual who has legally taken that animal.

[70 FR 68288, Nov. 9, 2005, as amended at 73 FR 74613, Dec. 9, 2008]
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2010–2021 · leading case: Wildearth Guardians v. Heather Provencio, 923 F.3d 655 (9th Cir. 2019).
Wildearth Guardians v. Heather Provencio, 923 F.3d 655 (9th Cir. 2019). · cites it 2× “” 36 C.F.R. § 212.51 (b) (emphases added). As part of this designation process, the Forest Service must consider various criteria, including “public safety,” “conflicts among uses of National Forest System lands,” and 12 WILDEARTH GUARDIANS V.”
Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021). · cites it 2× “Under 36 CFR section 212.51, the “National Forest System” provides for motor vehicle use by vehicle class, and, under 36 CFR section 212.”
Pryors Coalition v. Weldon, 803 F. Supp. 2d 1184 (D. Mont. 2011). · cites it 4× “36 C.F.R. §§ 212.51 , 212.56. On June 2, 2008, Defendant U.”
WildEarth Guardians v. Montana Snowmobile Ass'n, 790 F.3d 920 (9th Cir. 2015). “36 C.F.R. §§ 212.51 (a)(3), 212.81(c). The parties refer to this as the “Subpart C exemption,” which is discussed in more detail infra.”
Pub. Lands for the People, Inc. v. United States Dep't of Agric., 733 F. Supp. 2d 1172 (E.D. Cal. 2010). “” 36 C.F.R. § 212.51 (a)(8). The Forest Service contends that miners must secure such authorization by filing a Notice of Intent or Plan of Operations under 36 C.”
WildEarth Guardians v. Provencio, 272 F. Supp. 3d 1136 (D. Ariz. 2017). · cites it 2× “36 C.F.R. § 212.51 (a); § 261.13. Exempt from this prohibition are certain vehicles and uses, such as limited administrative use by the Forest Service, law enforcement responses to violations of law, and the authorized use of any combat or combat support vehicle for national…”
Wildlands CPR, Inc. v. United States Forest Serv., 872 F. Supp. 2d 1064 (D. Mont. 2012). “36 C.F.R. §§ 212.51 , 212.81. Only if restrictions on snowmobiling are proposed must the Forest Service comply with §§ 212.”
Granat v. United States Dep't of Agric., 238 F. Supp. 3d 1242 (E.D. Cal. 2017). “PLU-B-001235 to -001236; see also 36 C.F.R. § 212.51 (b) (“In designating routes, the responsible official may include in the designation the limited use of motor vehicles within a specified distance of certain forest roads or trails where motor vehicle use is allowed.”
Wild Wilderness v. Allen, 12 F. Supp. 3d 1309 (D. Or. 2014). “; 36 C.F.R. §§ 212.51 , 261.13. In publishing the final travel management regulations, the Forest Service stated that its field officers have “flexibility to designate routes and areas” either “for an entire administrative unit or for a single Ranger District.”
Wildearth Guardians v. Heather Provencio, 918 F.3d 620 (9th Cir. 2019). · cites it 2× “” 36 C.F.R. § 212.51 (b) (emphases added). As part of this designation process, the Forest Service must consider various criteria, ranging from “public safety” and “conflicts among uses of National Forest System lands” to “[d]amage to soil, watershed, vegetation, and other…”
Wildlands Cpr v. Usfs (9th Cir. 2015). “36 C.F.R. §§ 212.51 (a)(3), 212.81(c). The parties refer to this as the “Subpart C exemption,” which is discussed in more detail infra.”
Valley Cnty. v. United States Dep't of Agric., 998 F. Supp. 2d 919 (D. Idaho 2014). “See 36 C.F.R. § 212.51 . Pursuant to those regulations, the PNF prepared a Final Environmental Impact Statement in 2007 (2007 FEIS) evaluating various options for designating a system of roads and trails in the PNF.”
— 36 C.F.R. § 212.51(a) — 1 case
Stedman v. Dept. of Forestry, 502 P.3d 234 (Or. Ct. App. 2021). “Under 36 CFR section 212.51, the “National Forest System” provides for motor vehicle use by vehicle class, and, under 36 CFR section 212.”
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