After National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations, provided that the following vehicles and uses are exempted from this prohibition:
(a) Aircraft;
(b) Watercraft;
(c) Over-snow vehicles;
(d) Limited administrative use by the Forest Service;
(e) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;
(f) Authorized use of any combat or combat support vehicle for national defense purposes;
(g) Law enforcement response to violations of law, including pursuit;
(h) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations; and
(i) Use of a road or trail that is authorized by a legally documented right-of-way held by a State, county, or other local public road authority.
[70 FR 68291, Nov. 9, 2005]
Notes of Decisions
Temple v. Cleve Her Many Horses, 163 F. Supp. 3d 602 (D.S.D. 2016).
· cites it 2× “The im-poundment regulations at issue in Jones, 36 CFR § 261.13 , 15 employ a regulatory procedure for the impoundment and disposal of unauthorized livestock that is similar to the impoundment regulations at issue in this case.”
Idaho Conservation League v. Guzman, 766 F. Supp. 2d 1056 (D. Idaho 2011).
“36 C.F.R. § 261.13 . The 2005 Travel Management Rule contains general and specific criteria for the Forest Service to consider in designating routes for motor vehicle use.”
Herman McVay v. United States, 481 F.2d 615 (5th Cir. 1973).
· cites it 5× “AINSWORTH, Circuit Judge: This suit was brought by Herman Mc-Vay against the United States for a preliminary and permanent injunction to enjoin enforcement of a regulation of the Secretary of Agriculture, 36 C.F.R. § 261.13 , alleged to be unconstitutional and invalid.”
Pryors Coalition v. Weldon, 803 F. Supp. 2d 1184 (D. Mont. 2011).
“36 C.F.R. § 261.13 . “Non-system” routes generally refers to temporary roads/trails or unauthorized roads/trails.”
Jones v. Freeman, 400 F.2d 383 (8th Cir. 1968).
· cites it 2× “The complaint prayed for an injunction restraining the Forest Service from: (1) enforcing the challenged regulation ( 36 C.F.R. § 261.13 ); (2) attempting to withhold or sell hogs which the defendants purported to hold; (3) maintaining dangerous traps in the vicinity of private…”
Wilderness Soc'y v. United States Forest Serv., 850 F. Supp. 2d 1144 (D. Idaho 2012).
“See 36 C.F.R. § 261.13 . The Travel Plan Revision was also necessitated by the Forest Plan for the Sawtooth National Forest (“SNF Forest Plan”) which directs the agency to manage *1152 motorized and non-motorized travel; meet resource objectives and access needs; mitigate road…”
Wild Wilderness v. Allen, 12 F. Supp. 3d 1309 (D. Or. 2014).
“36 C.F.R. § 261.13 . As the Forest Service stated in publishing the final travel management regulations, “The final rule’s prohibition on motor vehicle use off the designated system (§ 261.”
Friends of Tahoe Forest Access v. United States Dep't of Agric., 641 F. App'x 741 (9th Cir. 2016).
“36 C.F.R. § 261.13 . Because the Forest Service’s decision to regulate motor vehicle use in the National Forests stands to have a significant impact on “the quality of the human environment,” NEPA obligated the agency to prepare a detailed Environmental Impact Statement (“EIS”)…”
Minnesota Ctr. for Env't Advocacy v. United States Forest Serv., 914 F. Supp. 2d 957 (D. Minnesota 2012).
“See 36 C.F.R. § 261.13 . In December 2008, the Forest Service, pursuant to the requirements of NEPA, issued an Environmental Assessment (“EA”) of its proposed Forest-wide Travel Management Project for the SNF (“TMP” or “Project”).”
Temple v. Lawrence Roberts (D.S.D. 2023).
· cites it 4× “On August 22, the Forest Service, acting under authority of the regulation, 36 C.F.R. § 261.13 (a), impounded nine of McVay's cows which were found on National Forest land.”
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