36 C.F.R. § 212.81

Over-snow vehicle use

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. Over-snow vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by the Responsible Official on administrative units or Ranger Districts, or parts of administrative units or Ranger Districts, of the National Forest System where snowfall is adequate for that use to occur, and, if appropriate, shall be designated by class of vehicle and time of year, provided that the following uses are exempted from these decisions:

(1) Limited administrative use by the Forest Service;

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

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

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

(5) Over-snow vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations.

(b) Previous over-snow vehicle decisions. Public notice with no further public involvement is sufficient if an administrative unit or a Ranger District has made previous administrative decisions, under other authorities and including public involvement, which restrict over-snow vehicle use to designated routes and areas over the entire administrative unit or Ranger District, or parts of the administrative unit or Ranger District, where snowfall is adequate for OSV use to occur, and no change is proposed to these previous decisions.

(c) Identification of roads, trails, and areas for over-snow vehicle use. Designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands for over-snow vehicle use shall be reflected on an over-snow vehicle use map. Over-snow vehicle use maps shall be made available to the public at headquarters of corresponding administrative units and Ranger Districts of the National Forest System and, as soon as practicable, on the Web site of the corresponding administrative units and Ranger Districts. Over-snow vehicle use maps shall specify the classes of vehicles and the time of year for which use is designated, if applicable.

(d) Decision-making process. Except as modified in paragraph (b) of this section, the requirements governing designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands in §§ 212.52 (public involvement), 212.53 (coordination), 212.54 (revision), 212.55 (designation criteria (including minimization)), and 212.57 (monitoring), shall apply to decisions made under this subpart. In making decisions under this subpart, the Responsible Official shall recognize the provisions concerning rights of access in sections 811(b) and 1110(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121(b) and 3170(a), respectively).

[80 FR 4511, Jan. 28, 2015]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2014–2024 · leading case: WildEarth Guardians v. Montana Snowmobile Ass'n, 790 F.3d 920 (9th Cir. 2015).

Sort: Relevance Newest Treatment

WildEarth Guardians v. Montana Snowmobile Ass'n, 790 F.3d 920 (9th Cir. 2015). · cites it 2× “36 C.F.R. § 212.81 (c). 9 Thus, by challenging the Forest Service’s implementation of Executive Order 11644’s minimization criteria, WildEarth is necessarily challenging the implementation of the TMR.”

United States v. Lesh, 107 F.4th 1239 (10th Cir. 2024). · cites it 2× “5 Appellate Case: 23-1074 Document: 010111079845 Date Filed: 07/16/2024 Page: 6 over-snow vehicle use pursuant to 36 CFR 212.81 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on an over- snow vehicle use…”

United States v. Shawn Parker, 761 F.3d 986 (9th Cir. 2014). “36 C.F.R. § 212.81 . But more importantly, Parker was running a commercial operation that was predicated on dispatching snowmobiles into the National Forest, and he did so without obtaining the required special use permit.”

Bitterroot Ridge Runners Snowmobile Club v. U.S. Forest Serv., 329 F. Supp. 3d 1191 (D. Mont. 2018). “) Federal Defendants and Defendant Intervenors counter that the Forest Service provided a reasoned explanation for over-snow vehicle designations in compliance with NEPA. (Docs. 47 at 26-27; 51 a 28-29.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.