(a) The Chief, each Regional Forester, each Experiment Station Director, the head of each administrative unit, their deputies, or persons acting in these positions may issue orders, consistent with their delegations of authority, that close or restrict the use of described areas by applying the prohibitions authorized in this subpart, individually or in combination.
(b) The Chief, each Regional Forester, each Experiment Station Director, the head of each administrative unit, their deputies, or persons acting in these positions may issue orders, consistent with their delegations of authority, that close or restrict the use of any National Forest System road or National Forest System trail.
(c) Each order shall:
(1) For orders issued under paragraph (a) of this section, describe the area to which the order applies;
(2) For orders issued under paragraph (b) of this section, describe the road or trail to which the order applies;
(3) Specify the times during which the prohibitions apply if applied only during limited times;
(4) State each prohibition which is applied; and
(5) Be posted in accordance with § 261.51.
(d) The prohibitions which are applied by an order are supplemental to the general prohibitions in Subpart A.
(e) An order may exempt any of the following persons from any of the prohibitions contained in the order:
(1) Persons with a permit specifically authorizing the otherwise prohibited act or omission.
(2) Owners or lessees of land in the area;
(3) Residents in the area;
(4) Any Federal, State, or local officer, or member of an organized rescue or fire fighting force in the performance of an official duty; and
(5) Persons engaged in a business, trade, or occupation in the area.
(6) Any other person meeting exemption requirements specified in the order.
(f) Any person wishing to use a National Forest System road or trail or a portion of the National Forest System, should contact the Forest Supervisor, Director, Administrator, or District Ranger to ascertain the special restrictions which may be applicable thereto.
[42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 42 FR 35959, July 13, 1977; 46 FR 33521, June 30, 1981; 66 FR 3218, Jan. 12, 2001; 89 FR 92816, Nov. 25, 2024]
Notes of Decisions
Billings v. Wyoming Bd. of Outfitters & Prof'l Guides, 2004 WY 42 (Wyo. 2004).
· cites it 2× “[ 13 ] With the “primary goal of minimizing grizzly/human encounters and thereby providing for user safety and” grizzly bear protection, a Special Order was implemented pursuant to 36 C.F.R. § 261.50 (a) and (b) (2003) 14 prohibiting the following: The following acts are…”
Ctr. for Biological Diversit v. Usfs, 925 F.3d 1041 (9th Cir. 2019).
“2016); see also 36 C.F.R. §§ 261.50 (a); 261.70(a)(4). At oral argument during the Center’s earlier appeal, USFS recognized that it could remove the lead bullets left on Forest Service land, require hunters to do so, or prohibit the use of lead bullets.”
Everett, Frank E. v. United States, 158 F.3d 1364 (D.C. Cir. 1998).
“04-14-00-002 (“Order”), pursuant to his authority under 36 C.F.R. § 261.50 (a). The Order prohibited the “[IJanding of aircraft, or dropping or picking up any materials, supplies, or person by means of aircraft, including helicopters, except at established airfields,” on all…”
United States v. Rainbow Fam., 695 F. Supp. 294 (E.D. Tex. 1988).
“36 C.F.R. §§ 261.50 , 261.52, 261.53. Such officers may limit a variety of conduct by *314 restriction and limitation orders, including public nudity.”
City & Cnty. of Denver, Etc. v. Bergland, 517 F. Supp. 155 (D. Colo. 1981).
“In exercising its authority to control the national forest lands the Forest Service, under the supervision of and in conjunction with the Department of Agriculture, may issue stop orders against persons trespassing on national forest lands, including those performing…”
United States v. Fee, 787 F. Supp. 963 (D. Colo. 1992).
· cites it 4× “Special Order # 91-18 prohibited entry into approximately 775 acres of a timber sale area in the San Juan National Forest between October 21, 1991 and January 21, 1992.”
Everett v. United States, 980 F. Supp. 490 (D.D.C. 1997).
· cites it 3× “Bills, issued a Special Order, pursuant to 36 C.F.R. § 261.50 (a), 2 that barred aircraft landings in the Sawtooth National Forest.”
— 36 C.F.R. § 261.50(a) — 2 cases
United States v. Fee, 787 F. Supp. 963 (D. Colo. 1992).
“Special Order # 91-18 prohibited entry into approximately 775 acres of a timber sale area in the San Juan National Forest between October 21, 1991 and January 21, 1992.”
— 36 C.F.R. § 261.50(b) — 1 case
— 36 C.F.R. § 261.50(e) — 1 case
United States v. Fee, 787 F. Supp. 963 (D. Colo. 1992).
“Special Order # 91-18 prohibited entry into approximately 775 acres of a timber sale area in the San Juan National Forest between October 21, 1991 and January 21, 1992.”
Annotations are extracted automatically from the opinions in the
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