The following are prohibited:
(a) Constructing, placing, or maintaining any kind of road, trail, structure, fence, enclosure, communications equipment, sign, or other improvement on National Forest System lands or facilities or making a significant surface disturbance on National Forest System lands without a special use authorization, contract, approved plan of operations, or other written authorization when that written authorization is required.
(b) Construction, reconstructing, improving, maintaining, occupying or using a residence on National Forest System lands unless authorized by a special-use authorization or approved operating plan when such authorization is required.
(c) Selling or offering for sale any merchandise or conducting any kind of work activity or service unless authorized by Federal law, regulation, or special-use authorization.
(d) Discharging a firearm or any other implement capable of taking human life, causing injury, or damaging property as follows:
(1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or
(2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge.
(3) Into or within any cave.
(e) Leaving personal property unattended for longer than 72 hours, except in locations where longer periods have been designated.
(f) Placing a vehicle or other object in such a manner that it is an impediment or hazard to the safety or convenience of any person.
(g) Commercial distribution of printed material without a special use authorization.
(h) When commercially distributing printed material, delaying, halting, or preventing administrative use of an area by the Forest Service or other scheduled or existing uses or activities on National Forest System lands; misrepresenting the purposes or affiliations of those selling or distributing the material; or misrepresenting the availability of the material without cost.
(i) Operating or using in or near a campsite, developed recreation site, or over an adjacent body of water without a permit, any device which produces noise, such as a radio, television, musical instrument, motor or engine in such a manner and at such a time so as to unreasonably disturb any person.
(j) Operating or using a public address system, whether fixed, portable or vehicle mounted, in or near a campsite or developed recreation site or over an adjacent body of water without a special-use authorization.
(k) Use or occupancy of National Forest System land or facilities without special-use authorization when such authorization is required.
(l) Violating any term or condition of a special-use authorization, contract or approved operating plan.
(m) Failing to stop a vehicle when directed to do so by a Forest Officer.
(n) Failing to pay any special use fee or other charges as required.
(o) Use or occupancy of National Forest System lands or facilities without a special use authorization, contract, approved plan of operations, or other written authorization when that written authorization is required.
(p) Knowingly or intentionally possessing any controlled substance in violation of Federal law.
(q) Knowingly or intentionally possessing any drug paraphernalia in violation of State law.
(r) Possessing any alcoholic beverage in violation of State law.
(s) Providing any alcoholic beverage to a minor in violation of State law.
[42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984; 53 FR 16550, May 10, 1988; 59 FR 31152, June 17, 1994; 60 FR 45295, Aug. 30, 1995; 66 FR 3218, Jan. 12, 2001; 69 FR 41965, July 13, 2004; 73 FR 65999, Nov. 6, 2008; 89 FR 92815, Nov. 25, 2024]
Notes of Decisions
Cited in
81
cases (
1 in the last 5 years), 1980–2024 · leading case:
United States v. Backlund, 689 F.3d 986 (9th Cir. 2012).
United States v. Backlund, 689 F.3d 986 (9th Cir. 2012).
· cites it 13× “3d at 944 ), the following footnote is inserted as footnote 15 following the sentence that reads, “Accordingly, we conclude that the district court erred by barring Backlund from presenting his APA challenge as a defense to the alleged violation of 36 C.F.R. § 261.10 (b).”: To…”
United States v. Lowry, 512 F.3d 1194 (9th Cir. 2008).
· cites it 14× “BYBEE, Circuit Judge: In this case we are presented with a question of first impression: Who bears the burden of proof when a defendant is charged with occupation of Forest Service land in violation of 36 C.F.R. §§ 261.10 (b) and (k)? Must the prosecution prove that the…”
Downstate Stone Co., an Illinois Corp. v. United States of Am., 651 F.2d 1234 (7th Cir. 1981).
· cites it 7× “The regulation and statutes, the enforcement of which were enjoined, provide in pertinent part as follows: 36 C.F.R. 261.10: The following are prohibited: (a) Constructing, placing, or maintaining any kind of road, trail structure, fence, enclosure, communication equipment, or…”
United States v. Rory Doremus & David Doremus, 888 F.2d 630 (9th Cir. 1989).
· cites it 3× “[an] approved operating plan” ( 36 C.F.R. § 261.10 (k) (1987)). On appeal, appellants contend that their activity was permissible as “reasonably incident” to their mining operation (see 30 U.”
United States v. Lex, 300 F. Supp. 2d 951 (E.D. Cal. 2003).
· cites it 4× “They argue that the magistrate judge erroneously relied on a regional camping order to determine that they were on the land for residential purposes, and that the magistrate judge incorrectly determined that they were not authorized to camp on the land by virtue of their mining…”
United States v. Brown, 200 F.3d 710 (10th Cir. 1999).
· cites it 6× “Brown was convicted on two counts of violating 36 C.F.R. § 261.10 (c). Brown challenges the sufficiency of the evidence on each count.”
United States v. Shawn Parker, 761 F.3d 986 (9th Cir. 2014).
· cites it 3× “After a bench trial before a magistrate judge, Parker was found guilty of two misdemeanor counts of “conducting any kind of work activity or service” on National Forest land without a special use authorization in violation of 36 C.F.R. § 261.10 (c), and one misdemeanor count of…”
United States v. Barry Adams, 388 F.3d 708 (9th Cir. 2004).
· cites it 4× “After a trial held before a Magistrate Judge, Barry Adams was convicted of using and occupying National Forest System land as part of a group of seventy-five or more persons without special-use authorization when such authorization is required, in violation of 36 C.F.R. § 261.10…”
— 36 C.F.R. § 261.10(1) — 1 case
— 36 C.F.R. § 261.10(a) — 5 cases
Downstate Stone Co., an Illinois Corp. v. United States of Am., 651 F.2d 1234 (7th Cir. 1981).
“The regulation and statutes, the enforcement of which were enjoined, provide in pertinent part as follows: 36 C.F.R. 261.10: The following are prohibited: (a) Constructing, placing, or maintaining any kind of road, trail structure, fence, enclosure, communication equipment, or…”
— 36 C.F.R. § 261.10(b) — 5 cases
United States v. Lex, 300 F. Supp. 2d 951 (E.D. Cal. 2003).
“They argue that the magistrate judge erroneously relied on a regional camping order to determine that they were on the land for residential purposes, and that the magistrate judge incorrectly determined that they were not authorized to camp on the land by virtue of their mining…”
United States v. Backlund, 689 F.3d 986 (9th Cir. 2012).
“3d at 944 ), the following footnote is inserted as footnote 15 following the sentence that reads, “Accordingly, we conclude that the district court erred by barring Backlund from presenting his APA challenge as a defense to the alleged violation of 36 C.F.R. § 261.10 (b).”: To…”
— 36 C.F.R. § 261.10(e) — 1 case
— 36 C.F.R. § 261.10(k) — 2 cases
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treatment. Dots show Syfertize treatment of the citing case itself.