36 C.F.R. § 261.53
Special closures or restrictions
When provided by an order, it is prohibited to go into or be in any area which is closed or restricted for the protection of:
(a) Threatened, endangered, rare, unique, or vanishing species of plants, animals, birds or fish.
(b) Special biological communities.
(c) Objects or areas of historical, archeological, geological, or paleontological interest.
(d) Scientific experiments or investigations.
(e) Public health or safety.
(f) Property.
(g) The privacy of tribal activities for traditional and cultural purposes. Closure to protect the privacy of tribal activities for traditional and cultural purposes must be requested by an Indian tribe; is subject to approval by the Forest Service; shall be temporary; and shall affect the smallest practicable area for the minimum period necessary for activities of the requesting Indian tribe.
Notes of Decisions
Cited in 9
cases, 1991–2020 · leading case: United States v. Jereb, 882 F.3d 1325 (10th Cir. 2018).
United States v. Jereb, 882 F.3d 1325 (10th Cir. 2018). “§ 551 and 36 C.F.R. 261.53(e)). The case went to trial on April 25, 2016.”
United States v. Zachery K. Griefen Forrest Gray Michael Bowersox Rachael Lynn Warns Sean Ethan Gale, 200 F.3d 1256 (9th Cir. 2000). “§ 551 and 36 C.F.R. § 261.53 for being in “an area closed for the protection of (e) public health or safety [and] (f) property.”
United States v. Jan E. True Fred B. Roth Thomas E. O'Dell Timothy D. Moran Barry M. Geiken, 946 F.2d 682 (9th Cir. 1991). “After a bench trial based on stipulated facts, appellants were convicted of "[b]eing in a Closure Area in violation of 36 C.F.R. 261.53(e)...." That regulation states: "When provided in an order, it is prohibited to go into or be upon any area which is closed for the protection…”
United States v. Fee, 787 F. Supp. 963 (D. Colo. 1992). “§ 551 and its implementing regulations, 36 C.F.R. § 261.53 (e) and (f), by entering, on October 24, 1991, an area that was closed to entry pursuant to Special Order # 91-18.”
United States v. Joseph M. Glisson, 105 F.3d 660 (7th Cir. 1996). “36 CFR 261.53(e). 8 (2) Being in or entering upon lands described as the Cripps Bend Timber Sale which is closed for the purpose of protection of public property.”
United States v. Stubbs, 181 F. App'x 697 (9th Cir. 2006). “MEMORANDUM ** Gary Stubbs appeals the district court’s affirmance of his conviction for violating 36 C.F.R. § 261.53 (e) and 36 C.F.R. § 261.”
Wilkins v. United States (D. Mont. 2020). “Finally, on May 3, 2006, pursuant to 36 C.F.R. 261.53 (which authorizes the Forest Service to enact “special closures” for a variety of reasons including “public health or safety”) the Forest Service temporarily closed the road.”
State of New Mexico v. Dwyer (10th Cir. 1997). “Pursuant to 36 C.F.R. § 261.53 (e) (1978) (still in effect), the agreement authorized Manning to fence and lock the mining site.”
Murphy v. Kenops, 99 F. Supp. 2d 1255 (D. Or. 1999). “50 and 53 unconstitutional, null and void, and of no effect in that: (1) the “public health and safety” basis for closures found in 36 C.F.R. § 261.53 (e) is standardless and vague, allowing Forest Service officials to close national forests based on their subjective, unbridled…”
— 36 C.F.R. § 261.53(e) — 4 cases
United States v. Jereb, 882 F.3d 1325 (10th Cir. 2018). “§ 551 and 36 C.F.R. 261.53(e)). The case went to trial on April 25, 2016.”
United States v. Jan E. True Fred B. Roth Thomas E. O'Dell Timothy D. Moran Barry M. Geiken, 946 F.2d 682 (9th Cir. 1991). “After a bench trial based on stipulated facts, appellants were convicted of "[b]eing in a Closure Area in violation of 36 C.F.R. 261.53(e)...." That regulation states: "When provided in an order, it is prohibited to go into or be upon any area which is closed for the protection…”
United States v. Joseph M. Glisson, 105 F.3d 660 (7th Cir. 1996). “36 CFR 261.53(e). 8 (2) Being in or entering upon lands described as the Cripps Bend Timber Sale which is closed for the purpose of protection of public property.”
United States v. Fee, 787 F. Supp. 963 (D. Colo. 1992). “§ 551 and its implementing regulations, 36 C.F.R. § 261.53 (e) and (f), by entering, on October 24, 1991, an area that was closed to entry pursuant to Special Order # 91-18.”
— 36 C.F.R. § 261.53(f) — 2 cases
United States v. Joseph M. Glisson, 105 F.3d 660 (7th Cir. 1996). “36 CFR 261.53(e). 8 (2) Being in or entering upon lands described as the Cripps Bend Timber Sale which is closed for the purpose of protection of public property.”
United States v. Fee, 787 F. Supp. 963 (D. Colo. 1992). “§ 551 and its implementing regulations, 36 C.F.R. § 261.53 (e) and (f), by entering, on October 24, 1991, an area that was closed to entry pursuant to Special Order # 91-18.”
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