I 112th CONGRESS 1st Session H. R. 242 IN THE HOUSE OF REPRESENTATIVES January 7, 2011 Mr. Herger (for himself, Mr. McClintock, Mr. McCarthy of California, and Mr. Daniel E. Lungren of California) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To clarify the implementation and enforcement of Subpart B of the Travel Management Rule (36 CFR 212), relating to the designation of roads, trails, and areas for motor vehicle use, in administrative units of the National Forest System in California, and for other purposes.

1.

Implementation and enforcement of Subpart B of the Travel Management Rule on National Forest System land in California

(a)

Consideration of routes not previously considered

No funds appropriated or otherwise made available to the Secretary of Agriculture may be used to implement or enforce Subpart B of the Travel Management Rule (subpart B of part 212 of title 36, Code of Federal Regulations), relating to the designation of roads, trails, and areas for motor vehicle use, in an administrative unit of the National Forest System in California unless the Secretary has completed post-Subpart B Project Level Trail Planning of unauthorized routes in the unit not considered in subpart B. (b)

Treatment of maintenance-Level 3 roads

In implementing Subpart B of the Travel Management Rule in an administrative unit of the National Forest System in California, the Secretary of Agriculture may not treat a maintenance-level 3 road (as defined in the Forest Service Handbook) as a highway for purposes of determining applicability of division 16.5 of the California Vehicle Code (section 38000 et seq.), relating to off-highway motor vehicles.