(a) General. The public shall be allowed to participate in the designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands and revising those designations pursuant to this subpart. Advance notice shall be given to allow for public comment, consistent with agency procedures under the National Environmental Policy Act, on proposed designations and revisions. Public notice with no further public involvement is sufficient if a National Forest or Ranger District has made previous administrative decisions, under other authorities and including public involvement, which restrict motor vehicle use over the entire National Forest or Ranger District to designated routes and areas, and no change is proposed to these previous decisions and designations.
(b) Absence of public involvement in temporary, emergency closures—(1) General. Nothing in this section shall alter or limit the authority to implement temporary, emergency closures pursuant to 36 CFR part 261, subpart B, without advance public notice to provide short-term resource protection or to protect public health and safety.
(2) Temporary, emergency closures based on a determination of considerable adverse effects. If the responsible official determines that motor vehicle use on a National Forest System road or National Forest System trail or in an area on National Forest System lands is directly causing or will directly cause considerable adverse effects on public safety or soil, vegetation, wildlife, wildlife habitat, or cultural resources associated with that road, trail, or area, the responsible official shall immediately close that road, trail, or area to motor vehicle use until the official determines that such adverse effects have been mitigated or eliminated and that measures have been implemented to prevent future recurrence. The responsible official shall provide public notice of the closure pursuant to 36 CFR 261.51, including reasons for the closure and the estimated duration of the closure, as soon as practicable following the closure.
Notes of Decisions
Idaho Conservation League v. Guzman, 766 F. Supp. 2d 1056 (D. Idaho 2011).
· cites it 9× “” 36 C.F.R. § 212.52 (b)(2). The Forest Service’s duty to designate comprehensive travel management plans is distinct from its authority to close trails and other areas.”
New Mexico Off-High. Veh. All. v. United States Forest Serv., 645 F. App'x 795 (10th Cir. 2016).
“(requiring an EIS for “major Federal actions significantly affecting the quality of the human environment”); see also 36 C.F.R. § 212.52 (a) (requiring that opportunities for public comment on proposed designations be given “consistent with agency procedures under the National…”
Wildlands CPR, Inc. v. United States Forest Serv., 872 F. Supp. 2d 1064 (D. Mont. 2012).
“2005 Travel Management Rule Sub-part C Subpart C of the 2005 Motorized Travel Management Rule exempts over-snow vehicles from the general requirement that the Forest Service designate routes for motorized vehicles and comply with the requirements of 36 C.F.R. §§ 212.52 - *1083…”
Burns v. United States, 291 F. Supp. 3d 922 (D. Ariz. 2017).
· cites it 3× “36 C.F.R. § 212.52 (b)(1). If the responsible official determines that motor vehicle use on a National Forest System road "is directly causing or will directly cause considerable adverse effects on public safety .”
NM Off-Hwy Veh. All. v. U.S. Forest Serv. (10th Cir. 2016).
“(requiring an EIS for “major Federal actions significantly affecting the quality of the human environment”); see also 36 C.F.R. § 212.52 (a) (requiring that opportunities for public comment on proposed designations be given “consistent with agency procedures under the National…”
Seth Burns v. United States (9th Cir. 2019).
“Burns points to 36 C.F.R. § 212.52 (b)(2), but that regulation requires closure of a National Forest System road only “[i]f the responsible official determines that motor vehicle use” on such a road is causing or will cause “considerable adverse effects” on public safety or the…”
Friends of the Flathead River, Inc. v. United States Forest Serv. (D. Mont. 2022).
“§§ 1271 , 1274, 1283, and the Forest Service Organic Act, through the Travel Management Rule, 36 C.F.R. §§ 212.52 , 212.57. Friends moved for a temporary restraining order and preliminary injunction enjoining dispersed overnight camping southwest of the Blankenship Bridge on the…”
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