The Chief of the Forest Service shall establish and permanently record a series of areas on National Forest land to be known as experimental forests or experimental ranges, sufficient in number and size to provide adequately for the research necessary to serve as a basis for the management of forest and range land in each forest region. Also, when appropriate, the Chief shall establish a series of research natural areas, sufficient in number and size to illustrate adequately or typify for research or educational purposes, the important forest and range types in each forest region, as well as other plant communities that have special or unique characteristics of scientific interest and importance. Research Natural Areas will be retained in a virgin or unmodified condition except where measures are required to maintain a plant community which the area is intended to represent. Within areas designated by this regulation, occupancy under a special-use permit shall not be allowed, nor the construction of permanent improvements permitted except improvements required in connection with their experimental use, unless authorized by the Chief of the Forest Service.
[31 FR 5072, Mar. 29, 1966]
Notes of Decisions
Utah Native Plant Soc'y v. U.S. Forest Serv., 923 F.3d 860 (10th Cir. 2019).
· cites it 6× “" 36 C.F.R. § 251.23 . The applicable regulation further provides an RNA "will be retained in a virgin or unmodified condition except where measures are required to maintain a plant community which the area is intended to represent.”
Park Lake Resources Ltd. Liab. Co. v. United States Dep't of Agric., 378 F.3d 1132 (10th Cir. 2004).
· cites it 3× “On August 1, 1996, Plaintiffs filed their first complaint in the District of Colorado against the Department of Agriculture, the Forest Service, the Secretary of Agriculture, the Chief of the Forest Service, and the Regional Forester for Region II (which we will call…”
Biodiversity Conservation All. v. Jiron, 762 F.3d 1036 (10th Cir. 2014).
· cites it 3× “36 C.F.R. § 251.23 (1982). RNAs must “be retained in a virgin or unmodified condition except where measures are required to maintain a plant community which the area is intended to represent.”
Park Lake Resources Ltd. Liab. Co. v. United States Dep't of Agric., 197 F.3d 448 (10th Cir. 1999).
· cites it 3× “Park Lake Resources, LLC, and Park County Mining Association (collectively Park Lake) filed this action challenging the United States Forest Service’s designation of 695 acres straddling Hoosier Ridge in Colorado as a Research Natural Area (RNA) pursuant to 36 C.F.R. § 251.23…”
Pub. Lands for the People, Inc. v. United States Dep't of Agric., 733 F. Supp. 2d 1172 (E.D. Cal. 2010).
“Such areas must be “retained in a virgin or unmodified condition,” and in accordance with this designation, the Forest Service prohibited motorized vehicle use except when necessary to provide research or educational access. Id. at 449 .”
Park Lake Resources Ltd. Liab. Corp. v. United States Dep't of Agric., 979 F. Supp. 1310 (D. Colo. 1997).
· cites it 6× “In pertinent part, 36 C.F.R. § 251.23 states: [W]hen appropriate, the Chief shall establish a series of research natural areas, sufficient in number and size to illustrate adequately or typify for research or educational purposes, the important forest and range types in each…”
Oregon Nat. Resources Council, Inc. v. Grossarth, 979 F.2d 1377 (9th Cir. 1992).
“Second, ONRC alleged violations of the Forest Service Regulations establishing a Research Natural Area (“RNA”) under 36 C.F.R. § 251.23 . Third, ONRC alleged violations of the National Forest Management Act, because the proposed sale would leave more than thirty percent of the…”
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