[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35694-35712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17308]
[[Page 35693]]
_______________________________________________________________________
Part VI
Presidio Trust
_______________________________________________________________________
36 CFR Parts 1001, 1002, 1004 and 1005
Interim Management of the Presidio; Final Interim Rule
Federal Register / Vol. 63, No. 125 / Tuesday, June 30, 1998 / Rules
and Regulations
[[Page 35694]]
PRESIDIO TRUST
36 CFR Parts 1001, 1002, 1004 and 1005
RIN 3212-AA00
Interim Management of the Presidio
AGENCY: The Presidio Trust.
ACTION: Final interim rule; request for comment.
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SUMMARY: The Presidio Trust (Trust) was created by Congress in 1996 to
manage most of the former U.S. Army base known as the Presidio, in San
Francisco, California. The Presidio is currently under the
administrative jurisdiction of the National Park Service (NPS),
Department of the Interior (DOI). Pursuant to law, administrative
jurisdiction of approximately 80 percent of this property will be
transferred to the Trust on July 1, 1998. This rulemaking adopts the
basic requirements for management of this property as a final interim
rule. Public comment is invited on this interim rule. In addition, the
Trust intends to publish a notice of proposed rulemaking containing
more extensive and revised regulations for management of the area it
will administer. Comments on this interim rule, as well as on the
proposed rule, will be considered by the Trust in promulgating its
final rule.
DATES: This interim rule is effective as of June 30, 1998. Comments on
this rulemaking must be received by August 31, 1998.
ADDRESSES: Written comments on this rule must be sent to James E.
Meadows, Executive Director, The Presidio Trust, P.O. Box 29052, San
Francisco, CA 94129-0052.
FOR FURTHER INFORMATION CONTACT: James E. Meadows, Executive Director,
The Presidio Trust, 10 Funston Avenue, P.O. Box 29052, San Francisco,
CA 94129-0052, Telephone: 415-561-5300.
SUPPLEMENTARY INFORMATION:
Background
I. Introduction
The Presidio Trust is a wholly-owned government corporation created
pursuant to Title I of the Omnibus Parks and Public Lands Management
Act of 1996, 16 U.S.C. Sec. 460bb note, Public Law 104-333, 110 Stat.
4097 (the Trust Act). Pursuant to sec. 103(b) of the Trust Act, the
Secretary of the U.S. Department of the Interior is to transfer
administrative jurisdiction to the Trust of all of Area B of the former
Presidio Army Base, as shown on the map referenced in the statute,
within one year of the first meeting of the Trust's Board of Directors
(Board), which was held on July 9, 1997. In order to facilitate
planning, budgeting and other administrative functions, the Trust has
requested, and the Secretary of the Interior has agreed, that such
property will be transferred to the Trust's administrative jurisdiction
on July 1, 1998. Notice of such transfer was published in the Federal
Register on June 12, 1998 (63 FR 32236).
Section 104(j) of the Trust Act authorizes the Trust, ``in
consultation with the Secretary [of the U.S. Department of the
Interior], to adopt and to enforce those rules and regulations that are
applicable to the Golden Gate National Recreation Area and that may be
necessary and appropriate to carry out its duties and
responsibilities'' under the Trust Act. The regulations contained in
this document cover such matters for the Presidio as resource
protection, public use and recreation; vehicles and traffic safety; and
commercial and private operations.
Prior to promulgating these final interim regulations, the Trust
consulted with the Secretary of the Interior, who serves on the Trust's
Board of Directors pursuant to sec. 103(c)(1)(A) of the Trust Act, as
well as with officials of the Department of the Interior, the National
Park Service and the U.S. Park Police designated by the Secretary of
the Interior to facilitate such consultation. The Trust anticipates
that such consultation will continue during the comment period on these
final interim regulations and the comment period on the more extensive
and revised regulations which the Trust intends to propose in the
future.
The regulations contained in this document are being promulgated as
final interim regulations without a notice and comment period pursuant
to 5 U.S.C. 553(a)(2) (Administrative Procedure Act exemption for
matters relating to public property); 5 U.S.C. 553(d)(3)
(Administrative Procedure Act exemption upon finding of good cause);
and sec. 104(j) of the Trust Act (providing that the ``Trust shall give
notice of the adoption of such rules and regulations by publication in
the Federal Register''). The Trust is promulgating the regulations
contained in this document as final interim regulations in order to
provide immediately for public safety, good order and efficient
management of the property to be transferred to the Trust's
jurisdiction. In light of these immediate needs, the deadline imposed
by statute for transfer of administrative jurisdiction of the property,
the impracticability of providing for public comment on these
regulations before they must be in effect, and the cited authorities,
the Trust has found good cause under 5 U.S.C. 553(d)(3) for
promulgating these final interim regulations without a notice and
comment period.
The Trust is simultaneously providing for a public comment period
of 60 days on these regulations. In addition, the Trust intends to
publish a notice of proposed rulemaking containing more extensive and
revised regulations for management of the property it will administer.
Comments on this final interim rule, as well as on the proposed rule,
will be considered by the Trust in promulgating its final rule. That
promulgation will include a discussion of any comments received and any
amendments made to these final interim regulations and the proposed
regulations as a result of the comments. All comments received,
including names and addresses, when provided, will be placed in the
public record and made available for public inspection and copying.
II. General Principles of this Rulemaking
These final interim regulations are designed to deviate as little
as necessary from the current regulations for the Presidio, which have
served the public well during the approximately four-year period in
which the NPS has had administrative jurisdiction of the entire
Presidio. These final interim regulations are intended to serve the
needs of the public during this period of transition from the NPS to
the Trust for approximately 80 percent of the Presidio.
The primary regulations that have governed conduct in the Presidio
for the past four years are found at 36 CFR parts 1, 2, 4, 5, and 36
CFR 7.97. These are NPS regulations applicable generally to units of
the National Park system (36 CFR parts 1, 2, 4 and 5) and written
specifically for the Golden Gate National Recreation Area (36 CFR
7.97). The Presidio is located within the boundaries of the Golden Gate
National Recreation Area (GGNRA). Although the Trust intends to
promulgate additional regulations concerning other topics, as well as
more extensively revised regulations on these topics, the Trust is
promulgating the regulations in this document in their present form
because the conduct covered by the existing NPS regulations is of
central concern to the Trust as it assumes administrative jurisdiction
of Area B of the Presidio.
The Trust prepared the regulations in this document using these
existing NPS regulations as a template. As these regulations were
reviewed and
[[Page 35695]]
modified, the Trust deviated from these templates only so far as
necessary to clarify issues, correct minor errors, and conform to
current style standards for the Code of Federal Regulations. It is
likely that the Trust will find it desirable in the future to deviate
more significantly from the regulatory approach of the NPS or the DOI,
particularly to promote clarity and remove provisions that are
unnecessary for management of the area to be administered by the Trust.
Nevertheless, for purposes of the immediate management of this area,
the Trust is maintaining, to the extent possible, the regulatory status
quo in both substance and structure. The section-by-section analysis
provided below explains in greater detail the minor changes that have
been made to the NPS regulations and the reasons for those changes.
Pursuant to sec. 104(i) of the Trust Act, day-to-day law
enforcement activities and services in the area to be administered by
the Trust will be conducted primarily by the U.S. Park Police, the
federal agency that provides professional law enforcement services for
units of the National Park system. Other authorized law enforcement
agencies will also continue to conduct law enforcement activities and
services in the area administered by the Trust.
III. Revisions Applicable to Multiple Sections
Certain changes have been required throughout the NPS regulations
in order to apply them to the activities of the Trust and its
management of the property to be transferred to it. The general changes
in terminology are explained in the following chart:
------------------------------------------------------------------------
Have been changed in these
References in the NPS regulations to regulations to the following
the following terms terms
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National Park Service or U.S. Presidio Trust.
Department of the Interior.
Park, unit of the National Park System, Area administered by the
or park area. Presidio Trust, or the
boundaries thereof.
Superintendent......................... Board, in the context of a
decision of general
applicability; or Executive
Director, in the context of an
administrative or executive
decision.
Director............................... Board.
Office of the superintendent........... Office of the Presidio Trust.
The purposes for which a park unit is The purposes of the Presidio
managed or was established (or similar Trust Act.
language).
General management plans or resource Policies of the Presidio Trust.
management plans.
Park road.............................. Presidio Trust road.
park users............................. visitors or tenants.
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The Trust has also retained in these regulations an efficient and
effective administrative vehicle used by the NPS in managing its many
diverse units. For most of these units, including the GGNRA, the NPS
has developed a set of policies, procedures, closures and designations
known as the GGNRA Superintendent's Compendium. The current GGNRA
Superintendent's Compendium is available for public inspection at the
address identified above. Prior to the transfer of administrative
jurisdiction to the Trust, the Trust will have adopted a similar
Compendium of detailed rules, including supporting determinations, in
order to allow the Trust to manage flexibly the diverse demands on the
Presidio while protecting its natural and cultural resources,
fulfilling the purposes of the Trust Act, and responding to changing
conditions. Section 1001.7 of these final interim regulations sets out
the procedure for the Trust to follow in maintaining the Compendium and
making it available to the public.
These final interim regulations reorganize a limited number of the
provisions in the NPS regulations in order to place regulations on the
same general topic near each other. This was necessary in two
instances. First, the NPS has adopted special regulations pertaining to
the GGNRA at 36 CFR 7.97. Section 7.97(a) does not apply to the
property to be transferred to the Trust and so has not been included in
these regulations. Section 7.97(b) concerns powerless flight and has
been included in Part 1002 of these regulations with the section
covering aircraft as a new Sec. 1002.17(g). Section 7.97(c) concerns
use of bicycles and has been included in Part 1004 of these regulations
as Sec. 1004.30(b), in place of the NPS regulation at 36 CFR 4.30(b),
which authorized the promulgation of this special regulation on
bicycles. Other references in the NPS regulations to ``special
regulations'' have been deleted as a result of the incorporation of the
applicable provisions of 36 CFR 7.97 into these final interim
regulations.
The second instance where reorganization was necessary involves
regulations concerning boating and water use activities. NPS
regulations at 36 CFR part 3 cover these activities, but they are
currently prohibited by the GGNRA Superintendent's Compendium in the
area to be transferred to the Trust. As a result, these final interim
regulations merely incorporate this prohibition into Part 1002 as a new
Sec. 1002.63 in order to avoid repromulgating all of 36 CFR Part 3 only
to make it inapplicable in the Trust's Compendium.
In several provisions of the NPS regulations, the terms chapter,
part and section are used inconsistently. For the sake of clarity,
these references have been corrected in these final interim
regulations. Similarly, cross-references to various provisions have
been revised as appropriate. The numbering system used in the NPS
regulations has also been retained insofar as possible, with the
addition of ``1000'' to each section number from the regulations in
Chapter I (National Park Service, Department of the Interior) that is
being carried over, with only minor modifications, to this Chapter X
(Presidio Trust). Although this approach leaves gaps in the numbering
of these final interim regulations, it is intended to reduce
opportunities for confusion during the transition process.
Section-by-Section Analysis
The following analysis reviews only those sections of the final
interim regulations that are not discussed in more general terms above.
Because these final interim regulations are modeled on existing
regulations of the NPS, this analysis focuses on differences between
these regulations and the existing NPS regulations.
Part 1001 General Provisions
Section 1001.2 Applicability and Scope
Sections 1.2(a)(2) through (a)(5) of the NPS regulations were
deleted because the Trust will not be administering any lands covered
by these provisions (e.g., pursuant to a written instrument or in which
the United States holds an interest in less than fee). Section 1.2(b)
of the NPS regulations was deleted because, as discussed above, all of
the
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lands and waters to be transferred to the administrative jurisdiction
of the Trust are federally owned.
Section 1001.3 Enforcement and Penalties
Sections 1.3(b) through (d) of the NPS regulations were deleted
because they do not apply to the area to be transferred to the
administrative jurisdiction of the Trust.
Section 1001.4 Definitions
This section was revised to incorporate definitions that are
generally applicable to the regulations published today and to delete
those definitions that were no longer needed as a result of other
differences between the NPS regulations and these final interim
regulations.
The terms ``Board'' and ``Executive Director'' were added, along
with a provision including their designees in the definition. This is
intended to provide senior officials of the Trust with the flexibility
to delegate responsibilities and authority as appropriate to carry out
the purposes of the Trust Act. The terms ``Director,'' ``Regional
Director,'' ``Secretary,'' and ``Superintendent'' were removed since
the NPS and DOI will no longer have jurisdiction over the area covered
by these final interim regulations following the transfer.
The term ``printed matter'' is defined in this section generally to
exclude items of merchandise. This corresponds to the definition of the
term used by the NPS in its Special Directive 95-11 interpreting its
regulation at 36 CFR 2.52 concerning sale or distribution of printed
matter, which is currently applicable to the area to be transferred to
the Trust. The Trust believes it is appropriate to incorporate this
definition directly into these final interim regulations for the sake
of clarity and public notice.
Section 1.4(b) of the NPS regulations was not incorporated into
these final interim regulations because, as discussed below, boating
and water activities are prohibited in the area to be administered by
the Trust.
Section 1001.10 Symbolic Signs
Rather than reprint the symbolic signs in 36 CFR 1.10, these have
simply been cross-referenced in this section of the final interim
regulations.
Part 1002 Resource Protection, Public Use and Recreation
Section 1002.2 Wildlife Protection
Because hunting and trapping are not permitted under current law in
the area to be administered by the Trust, Sec. Sec. 2.2(b), (c) and (f)
of the NPS regulations are unnecessary and have been replaced by a
provision in these final interim regulations stating that hunting and
trapping are prohibited.
Section 1002.3 Fishing
Under the GGNRA Superintendent's Compendium, fishing is currently
prohibited in the area to be administered by the Trust. As a result,
these final interim regulations merely incorporate this prohibition
into Sec. 1002.3 in order to avoid repromulgating all of 36 CFR 2.3
only to make it inapplicable in the Trust's Compendium.
Section 1002.4 Weapons, Traps and Nets
Section 2.4(a)(2)(ii) of the NPS regulations has been deleted since
it refers to areas designated by special regulations and no such
special regulations have been issued for the GGNRA on this subject.
Section 2.4(d) of the NPS regulations has been deleted because it is
not necessary for the Executive Director to have the authority to issue
weapons permits in the area to be administered by the Trust.
Section 1002.5 Research Specimens
Sections 2.5(d) and (f) of the NPS regulations have been deleted
because they are inapplicable to the area to be administered by the
Trust. Because the enabling statute for the GGNRA does not expressly
prohibit the killing of wildlife, Sec. 2.5(e) of the NPS regulations is
the currently applicable provision and has been incorporated into these
final interim regulations.
Section 1002.10 Camping and Food Storage
The reference to lawfully taken wildlife in Sec. 2.10(b)(6) of the
NPS regulations has been deleted because hunting and trapping are
prohibited in the area to be transferred to the Trust.
Section 1002.15 Pets
Section 2.15(b) of the NPS regulations has been deleted from these
final interim regulations because hunting is not allowed in the area to
be administered by the Trust.
Section 1002.17 Aircraft and Air Delivery
Sections 2.17(a)(1) and (2) of the NPS regulations have been
deleted from these regulations because there are no special regulations
under which locations for operating or using aircraft have been
designated in the area to be administered by the Trust.
Section 1002.18 Snowmobiles
Under Sec. 2.18(c) of the NPS regulations, snowmobiles are allowed
only on routes and water surfaces designated for such use in special
regulations. Because no such special regulations have been issued for
the GGNRA on this subject, the remaining provisions of 36 CFR 2.18
governing the use of snowmobiles have no applicability. As a result,
these final interim regulations merely state this prohibition in
Sec. 1002.18 in order to avoid repromulgating all of 36 CFR 2.18.
Section 1002.19 Winter Activities
As a result of the prohibition on snowmobiles, the second sentence
of 36 CFR 2.19(b) has not been incorporated into these final interim
regulations, since it relates only to activities using snowmobiles.
Section 1002.23 Recreation Fees
The National Park Service has established a variety of recreation
fees for the GGNRA in accordance with 36 CFR Part 71. This section has
been modified to provide that the Trust will charge the same fees for
activities in the area under its administrative jurisdiction.
Section 1002.50 Special Events
In Sec. 1002.50(a)(3), the reference to unreasonable interference
with activities of the National Park Service has been retained,
supplemented by a reference to activities of the Trust. Pursuant to
sec. 102(c) of the Presidio Trust Act, after the transfer of
administrative jurisdiction to the Trust, the National Park Service
will continue to be responsible for providing public interpretive
services, visitor orientation and educational programs on all lands
within the Presidio.
Section 1002.51 Public Assemblies, Meetings
Section 2.51(e)(3) has been revised as discussed above in
connection with Sec. 1002.50(a)(3).
Section 1002.52 Sale or Distribution of Printed Matter
Section 2.52(e)(3) has been revised as discussed above in
connection with Sec. Sec. 1002.50(a)(3) and 1002.51(e)(3).
Part 1004 Vehicles and Traffic Safety
Section 1004.10 Travel on Presidio Trust Roads and Designated Routes
Under Sec. 4.10(b) of the NPS regulations, off-road motor vehicle
use is allowed only on routes designated for such use in special
regulations. Because no such special regulations have been
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issued for the GGNRA on this subject, the remaining provisions of 36
CFR 4.10 governing off-road motor vehicle use have no applicability in
the area to be administered by the Trust. As a result, these final
interim regulations do not incorporate the last clause of Sec. 4.10(a),
Sec. 4.10(b) or Sec. 4.10(c)(3).
Part 1005 Commercial and Private Operations
Section 1005.2--Alcoholic Beverages; Sale of Intoxicants
The NPS regulations at 36 CFR 5.2(b) do not apply to the GGNRA by
their terms. As a result, they have not been incorporated into these
final interim regulations.
Section 1005.3 Business Operations
The reference in the NPS regulations to specific authorization
under special regulations has not been incorporated into these final
interim regulations because no special regulations on this subject have
been adopted for the GGNRA.
Section 1005.4 Commercial Passenger-Carrying Motor Vehicles
By its own terms, 36 CFR 5.4(a) does not apply to the area to be
administered by the Trust. Accordingly, this subsection has not been
incorporated into these final interim regulations.
Section 1005.5 Commercial Photography
This section is adapted from both 36 CFR 5.5 and 43 CFR 5.1. The
requirements of 43 CFR 5.1 have been incorporated directly into
Sec. 1005.5(a) of these final interim regulations, rather than by
cross-reference, in order to improve clarity and allow for clarifying
revisions to terminology used in 43 CFR 5.1.
Section 1005.10 [Reserved]
Section 5.10 of the NPS regulations (concerning eating, drinking or
lodging establishments) applies by its terms only to the following
National Parks: Glacier, Lassen Volcanic, Mesa Verde, Mount McKinley,
Mount Rainier, Olympic, Rocky Mountain, Sequoia-Kings Canyon,
Yellowstone and Yosemite. It therefore does not apply to the GGNRA or
to the area administered by the Trust. Accordingly, this section has
not been incorporated into these final interim regulations.
Regulatory Impact
This rulemaking will not have an annual effect of $100 million or
more on the economy nor adversely affect productivity, competition,
jobs, prices, the environment, public health or safety, or State or
local governments. This rule will not interfere with an action taken or
planned by another agency or raise new legal or policy issues. In
short, little or no effect on the national economy will result from
this final interim rule. Because this final interim rule is not
``economically significant,'' it is not subject to review by the Office
of Management and Budget under Executive Order 12866. Furthermore, this
final interim rule is not a ``major rule'' under the Congressional
review provisions of the Small Business Regulatory Enforcement Fairness
Act, 5 U.S.C. 801 et seq.
The Trust has determined and certifies pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., that this final interim rule
will not have a significant economic effect on a substantial number of
small entities.
The Trust has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this final interim
rule will not impose a cost of $100 million or more in any given year
on local, State, or tribal governments or private entities.
This final interim rule will not have substantial direct effects on
the States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities between
the Federal Government and the States. In accordance with Executive
Order 12612, the Trust has determined that this final interim rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Assessment.
Environmental Impact
The Presidio Trust has prepared an Environmental Assessment (EA) in
connection with this rulemaking. The EA determined that this rulemaking
will not have a significant effect on the quality of the human
environment because it is neither intended nor expected to change the
physical status quo of the Presidio in any significant manner.
As a result, the Trust has issued a Finding of No Significant
Impact (FONSI) concerning these final interim regulations and has
therefore not prepared an Environmental Impact Statement concerning
this action. The EA and the FONSI were prepared in accordance with the
National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq.
(NEPA), and regulations of the Council on Environmental Quality for
implementing the procedural provisions of NEPA, 40 CFR Parts 1500-1508.
Both the EA and the FONSI are available for public inspection at
the offices of the Presidio Trust, 10 Funston Avenue, The Presidio, San
Francisco, CA 94129, between the hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal holidays.
Paperwork Reduction Act
The information collection requirements of these interim
regulations, which are specified in Sec. 1001.8, are coextensive with
those of the existing NPS regulations, which have previously been
approved by the Office of Management and Budget (OMB) under 44 U.S.C.
3501 et seq.
Other Applicable Authorities
The Presidio Trust has drafted and reviewed these final interim
regulations in light of Executive Order 12988 and has determined that
they meet the applicable standards provided in secs. 3(a) and (b) of
that order.
List of Subjects
36 CFR Part 1001
National parks, Penalties, Public lands, Recreation and recreation
areas.
36 CFR Part 1002
National parks, Public lands, Recreation and recreation areas,
Signs and symbols.
36 CFR Part 1004
Bicycles, National parks, Public lands, Recreation and recreation
areas, Traffic regulations.
36 CFR Part 1005
Alcohol and alcoholic beverages, Business and industry, Civil
rights, Equal employment opportunity, National parks, Pets, Public
lands, Recreation and recreation areas, Transportation.
Dated: June 24, 1998.
James E. Meadows,
Executive Director.
In consideration of the foregoing, the Presidio Trust establishes
new Chapter X in Title 36 of the Code of Federal Regulations consisting
of Parts 1001, 1002, 1004 and 1005 as set forth below:
CHAPTER X--PRESIDIO TRUST
Part
1001 General provisions
1002 Resource protection, public use and recreation
1004 Vehicles and traffic safety
1005 Commercial and private operations
PART 1001--GENERAL PROVISIONS
Sec.
1001.1 Purpose.
1001.2 Applicability and scope.
1001.3 Penalties.
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1001.4 Definitions.
1001.5 Closures and public use limits.
1001.6 Permits.
1001.7 Public notice.
1001.8 Information collection.
1001.10 Symbolic signs.
Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb
note).
Sec. 1001.1 Purpose.
(a) The regulations in this chapter provide for the proper use,
management, government and protection of persons, property and natural
and cultural resources within the area under the jurisdiction of the
Presidio Trust.
(b) The regulations in this chapter will be utilized to fulfill the
statutory purposes of the Presidio Trust Act.
Sec. 1001.2 Applicability and scope.
(a) The regulations contained in this chapter apply to all persons
entering, using, visiting, or otherwise within the boundaries of
federally owned lands and waters administered by the Presidio Trust.
(b) The regulations contained in Parts 1002, 1004 and 1005 of this
chapter shall not be construed to prohibit administrative activities
conducted by the Presidio Trust, or its agents, in accordance with
approved policies of the Presidio Trust, or in emergency operations
involving threats to life, property, or resources of the area
administered by the Presidio Trust.
(c) The regulations in this chapter are intended to treat a
mobility-impaired person using a manual or motorized wheelchair as a
pedestrian and are not intended to restrict the activities of such a
person beyond the degree that the activities of a pedestrian are
restricted by the same regulations.
Sec. 1001.3 Penalties.
A person convicted of violating a provision of the regulations
contained in Parts 1001, 1002, 1004 and 1005 of this chapter, within
the area administered by the Presidio Trust, shall be punished by a
fine as provided by law, or by imprisonment not exceeding 6 months, or
both, and shall be adjudged to pay all costs of the proceedings.
Sec. 1001.4 Definitions.
The following definitions shall apply to this chapter, unless
modified by the definitions for a specific part or regulation:
Abandonment means the voluntary relinquishment of property with no
intent to retain possession.
Administrative activities means those activities conducted under
the authority of the Presidio Trust for the purpose of safeguarding
persons or property, implementing management plans and policies
developed in accordance and consistent with the regulations in this
chapter, or repairing or maintaining government facilities.
Airboat means a vessel that is supported by the buoyancy of its
hull and powered by a propeller or fan above the waterline. This
definition should not be construed to mean a ``hovercraft,'' that is
supported by a fan-generated air cushion.
Aircraft means a device that is used or intended to be used for
human flight in the air, including powerless flight.
Archeological resource means material remains of past human life or
activities that are of archeological interest and are at least 50 years
of age. This term includes, but shall not be limited to, objects made
or used by humans, such as pottery, basketry, bottles, weapons, weapon
projectiles, tools, structures or portions of structures, pit houses,
rock paintings, rock carvings, intaglios, or any portion or piece of
the foregoing items, and the physical site, location or context in
which they are found, or human skeletal materials or graves.
Authorized emergency vehicle means a vehicle in official use for
emergency purposes by a Federal agency or an emergency vehicle as
defined by State law.
Authorized person means an employee or agent of the Presidio Trust
with delegated authority to enforce the provisions of this chapter.
Bicycle means every device propelled solely by human power upon
which a person or persons may ride on land, having one, two, or more
wheels, except a manual wheelchair.
Board means the Board of Directors of the Presidio Trust or its
designee.
Boundary means the limits of lands or waters administered by the
Presidio Trust as specified by Congress, or denoted by presidential
proclamation, or recorded in the records of a state or political
subdivision in accordance with applicable law, or published pursuant to
law, or otherwise published or posted by the Presidio Trust.
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking of a motor vehicle, motor home or trailer, or mooring
of a vessel for the apparent purpose of overnight occupancy.
Carry means to wear, bear, or have on or about the person.
Controlled substance means a drug or other substance, or immediate
precursor, included in schedules I, II, III, IV, or V of part B of the
Controlled Substance Act (21 U.S.C. 812) or a drug or substance added
to these schedules pursuant to the terms of the Act.
Cultural resource means material remains of past human life or
activities that are of significant cultural interest and are less than
50 years of age. This term includes, but shall not be limited to,
objects made or used by humans, such as pottery, basketry, bottles,
weapons, weapon projectiles, tools, structures or portions of
structures, or any portion or piece of the foregoing items, and the
physical site, location, or context in which they are found, or human
skeletal materials or graves.
Developed area means roads, parking areas, picnic areas,
campgrounds, or other structures, facilities or lands located within
development and historic zones depicted on the land management and use
map for the area administered by the Presidio Trust.
Downed aircraft means an aircraft that cannot become airborne as a
result of mechanical failure, fire, or accident.
Executive Director means the Executive Director of the Presidio
Trust or his or her designee.
Firearm means a loaded or unloaded pistol, rifle, shotgun or other
weapon which is designed to, or may be readily converted to, expel a
projectile by the ignition of a propellant.
Fish means any member of the subclasses Agnatha, Chondrichthyes, or
Osteichthyes, or any mollusk or crustacean found in salt water.
Fishing means taking or attempting to take fish.
Hunting means taking or attempting to take wildlife, except
trapping.
Legislative jurisdiction means lands and waters under the exclusive
or concurrent jurisdiction of the United States.
Manual wheelchair means a device that is propelled by human power,
designed for and used by a mobility-impaired person.
Motor vehicle means every vehicle that is self-propelled and every
vehicle that is propelled by electric power, but not operated on rails
or upon water, except a snowmobile and a motorized wheelchair.
Motorcycle means every motor vehicle having a seat for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor.
Motorized wheelchair means a self-propelled wheeled device,
designed solely for and used by a mobility-impaired person for
locomotion, that is both capable of and suitable for use in indoor
pedestrian areas.
Net means a seine, weir, net wire, fish trap, or other implement
designed to
[[Page 35699]]
entrap fish, except a hand-held landing net used to retrieve fish taken
by hook and line.
Nondeveloped area means all lands and waters within the area
administered by the Presidio Trust other than developed areas.
Operator means a person who operates, drives, controls, otherwise
has charge of or is in actual physical control of a mechanical mode of
transportation or any other mechanical equipment.
Pack animal means horses, burros, mules or other hoofed mammals
when designated as pack animals by the Executive Director.
Permit means a written authorization to engage in uses or
activities that are otherwise prohibited, restricted, or regulated.
Person means an individual, firm, corporation, society,
association, partnership, or private or public body.
Pet means a dog, cat or any animal that has been domesticated.
Possession means exercising direct physical control or dominion,
with or without ownership, over property, or archeological, cultural or
natural resources.
Practitioner means a physician, dentist, veterinarian, scientific
investigator, pharmacy, hospital or other person licensed, registered
or otherwise permitted by the United States or the jurisdiction in
which such person practices to distribute or possess a controlled
substance in the course of professional practice.
Presidio Trust and Trust mean the wholly-owned federal government
corporation created by the Presidio Trust Act.
Presidio Trust Act means Title I of Public Law 104-333, 110 Stat.
4097, as the same may be amended.
Presidio Trust road means the main-traveled surface of a roadway
open to motor vehicles, owned, controlled or otherwise administered by
the Presidio Trust.
Printed matter means message-bearing textual printed material such
as books, pamphlets, magazines and leaflets and does not include other
forms of merchandise, such as posters, coffee mugs, sunglasses, audio
or videotapes, T-shirts, hats, ties, shorts and other clothing
articles.
Public use limit means the number of persons; number and type of
animals; amount, size and type of equipment, vessels, mechanical modes
of conveyance, or food/beverage containers allowed to enter, be brought
into, remain in, or be used within a designated geographic area or
facility; or the length of time a designated geographic area or
facility may be occupied.
Refuse means trash, garbage, rubbish, waste papers, bottles or
cans, debris, litter, oil, solvents, liquid waste, or other discarded
materials.
Services means, but is not limited to, meals and lodging, labor,
professional services, transportation, admission to exhibits, use of
telephone or other utilities, or any act for which payment is
customarily received.
Smoking means the carrying of lighted cigarettes, cigars or pipes,
or the intentional and direct inhalation of smoke from these objects.
Snowmobile means a self-propelled vehicle intended for travel
primarily on snow, having a curb weight of not more than 1000 pounds
(450 kg), driven by a track or tracks in contact with the snow, and
steered by a ski or skis in contact with the snow.
State means a State, territory, or possession of the United States.
State law means the applicable and nonconflicting laws, statutes,
regulations, ordinances, infractions and codes of the State(s) and
political subdivision(s) within whose exterior boundaries the area
administered by the Presidio Trust or a portion thereof is located.
Take or taking means to pursue, hunt, harass, harm, shoot, trap,
net, capture, collect, kill, wound, or attempt to do any of the
aforementioned.
Traffic means pedestrians, ridden or herded animals, vehicles and
other conveyances, either singly or together while using any road,
trail, street or other thoroughfare for purpose of travel.
Traffic control device means a sign, signal, marking or other
device placed or erected by, or with the concurrence of, the Executive
Director for the purpose of regulating, warning, guiding or otherwise
controlling traffic or regulating the parking of vehicles.
Trap means a snare, trap, mesh, wire or other implement, object or
mechanical device designed to entrap or kill animals other than fish.
Trapping means taking or attempting to take wildlife with a trap.
Underway means when a vessel is not at anchor, moored, made fast to
the shore or docking facility, or aground.
Unloaded, as applied to weapons and firearms, means that:
(1) There is no unexpended shell, cartridge, or projectile in any
chamber or cylinder of a firearm or in a clip or magazine inserted in
or attached to a firearm;
(2) A muzzle-loading weapon does not contain gun powder in the pan,
or the percussion cap is not in place; and
(3) Bows, crossbows, spear guns or any implement capable of
discharging a missile or similar device by means of a loading or
discharging mechanism, when that loading or discharging mechanism is
not charged or drawn.
Vehicle means every device in, upon, or by which a person or
property is or may be transported or drawn on land, except snowmobiles
and devices moved by human power or used exclusively upon stationary
rails or track.
Vessel means every type or description of craft, other than a
seaplane on the water, used or capable of being used as a means of
transportation on water, including a buoyant device permitting or
capable of free flotation.
Weapon means a firearm, compressed gas or spring-powered pistol or
rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear,
slingshot, irritant gas device, explosive device, or any other
implement designed to discharge missiles, and includes a weapon the
possession of which is prohibited under the laws of the State in which
the area administered by the Presidio Trust or portion thereof is
located.
Wildlife means any member of the animal kingdom and includes a
part, product, egg or offspring thereof, or the dead body or part
thereof, except fish.
Sec. 1001.5 Closures and public use limits.
(a) Consistent with applicable legislation and Federal
administrative policies, and based upon a determination that such
action is necessary for the maintenance of public health and safety,
protection of environmental or scenic values, protection of natural or
cultural resources, aid to scientific research, implementation of
management responsibilities, equitable allocation and use of
facilities, or the avoidance of conflict among visitor use activities,
the Board may:
(1) Establish, for all or a portion of the area administered by the
Presidio Trust, a reasonable schedule of visiting hours, impose public
use limits, or close all or a portion of the area administered by the
Presidio Trust to all public use or to a specific use or activity.
(2) Designate areas for a specific use or activity, or impose
conditions or restrictions on a use or activity.
(3) Terminate a restriction, limit, closure, designation,
condition, or visiting hour restriction imposed under paragraph (a)(1)
or (2) of this section.
(b) Except in emergency situations, a closure, designation, use or
activity restriction or condition, or the termination or relaxation of
such, which is of a nature, magnitude and duration that will result in
a significant alteration
[[Page 35700]]
in the public use pattern of the area administered by the Presidio
Trust, adversely affect the natural, aesthetic, scenic or cultural
values of the area administered by the Presidio Trust, require a long-
term or significant modification in the resource management objectives
of the area administered by the Presidio Trust, or is of a highly
controversial nature, shall be published as rulemaking in the Federal
Register.
(c) Except in emergency situations, prior to implementing or
terminating a restriction, condition, public use limit or closure, the
Board shall prepare a written determination justifying the action. That
determination shall set forth the reason(s) the restriction, condition,
public use limit or closure authorized by paragraph (a) of this section
has been established, and an explanation of why less restrictive
measures will not suffice, or in the case of a termination of a
restriction, condition, public use limit or closure previously
established under paragraph (a) of this section, a determination as to
why the restriction is no longer necessary and a finding that the
termination will not adversely impact resources of the area
administered by the Presidio Trust. This determination shall be
available to the public upon request.
(d) To implement a public use limit, the Board may establish a
permit, registration, or reservation system. Permits shall be issued in
accordance with the criteria and procedures of Sec. 1001.6.
(e) Except in emergency situations, the public will be informed of
closures, designations, and use or activity restrictions or conditions,
visiting hours, public use limits, public use limit procedures, and the
termination or relaxation of such, in accordance with Sec. 1001.7.
(f) Violating a closure, designation, use or activity restriction
or condition, schedule of visiting hours, or public use limit is
prohibited.
Sec. 1001.6 Permits.
(a) When authorized by regulations set forth in this chapter, the
Executive Director may issue a permit to authorize an otherwise
prohibited or restricted activity or impose a public use limit. The
activity authorized by a permit shall be consistent with applicable
legislation, Federal regulations and administrative policies, and based
upon a determination that public health and safety, environmental or
scenic values, natural or cultural resources, scientific research,
implementation of management responsibilities, proper allocation and
use of facilities, or the avoidance of conflict among visitor use
activities will not be adversely impacted.
(b) Except as otherwise provided, application for a permit shall be
submitted to the Executive Director during normal business hours.
(c) The public will be informed of the existence of a permit
requirement in accordance with Sec. 1001.7.
(d) Unless otherwise provided for by the regulations in this
chapter, the Executive Director shall deny a permit that has been
properly applied for only upon a determination that the designated
capacity for an area or facility would be exceeded; or that one or more
of the factors set forth in paragraph (a) of this section would be
adversely impacted. The basis for denial shall be provided to the
applicant upon request.
(e) The Executive Director shall include in a permit the terms and
conditions that the Executive Director deems necessary to protect
resources of the area administered by the Presidio Trust or public
safety and may also include terms or conditions established pursuant to
the authority of any other section of this chapter.
(f) A compilation of those activities requiring a permit shall be
maintained by the Executive Director and available to the public upon
request.
(g) The following are prohibited:
(1) Engaging in an activity subject to a permit requirement imposed
pursuant to this section without obtaining a permit; or
(2) Violating a term or condition of a permit issued pursuant to
this section.
(h) Violating a term or condition of a permit issued pursuant to
this section may also result in the suspension or revocation of the
permit by the Executive Director.
Sec. 1001.7 Public notice.
(a) Whenever the authority of Sec. 1001.5(a) is invoked to restrict
or control a public use or activity, to relax or revoke an existing
restriction or control, to designate all or a portion of the area
administered by the Presidio Trust as open or closed, or to require a
permit to implement a public use limit, the public shall be notified by
one or more of the following methods:
(1) Signs posted at conspicuous locations, such as normal points of
entry and reasonable intervals along the boundary of the affected
locale.
(2) Maps available in the office of the Presidio Trust and other
places convenient to the public.
(3) Publication in a newspaper of general circulation in the
affected area.
(4) Other appropriate methods, such as the removal of closure
signs, use of electronic media, brochures, maps and handouts.
(b) In addition to the above-described notification procedures, the
Board shall compile in writing all the designations, closures, permit
requirements and other restrictions imposed under discretionary
authority. This compilation shall be updated annually and made
available to the public upon request.
Sec. 1001.8 Information collection.
The information collection requirements contained in 36 CFR 1001.5,
1002.5, 1002.10, 1002.12, 1002.17, 1002.33, 1002.38, 1002.50, 1002.51,
1002.52, 1002.60, 1002.61, 1002.62, 1004.4 and 1004.11 have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq., and assigned clearance number 1024-0026. This information is
being collected to provide the Executive Director data necessary to
issue permits for special uses of the area administered by the Presidio
Trust and to obtain notification of accidents that occur within the
area administered by the Presidio Trust. This information will be used
to grant administrative benefits and to facilitate prompt emergency
response to accidents. In 36 CFR 1002.33 and 1004.4, the obligation to
respond is mandatory; in all other sections the obligation to respond
is required in order to obtain a benefit.
Sec. 1001.10 Symbolic signs.
(a) The signs pictured in 36 CFR 1.10 provide general information
and regulatory guidance in the area administered by the Presidio Trust.
Certain of the signs designate activities that are either allowed or
prohibited. Activities symbolized by a sign bearing a slash mark are
prohibited.
(b) The use of other types of signs not herein depicted is not
precluded.
PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION
Sec.
1002.1 Preservation of natural, cultural and archeological
resources.
1002.2 Wildlife protection.
1002.3 Fishing.
1002.4 Weapons, traps and nets.
1002.5 Research specimens.
1002.10 Camping and food storage.
1002.11 Picnicking.
1002.12 Audio disturbances.
1002.13 Fires.
1002.14 Sanitation and refuse.
1002.15 Pets.
1002.16 Horses and pack animals.
1002.17 Aircraft and air delivery.
[[Page 35701]]
1002.18 Snowmobiles.
1002.19 Winter activities.
1002.20 Skating, skateboards and similar devices.
1002.21 Smoking.
1002.22 Property.
1002.23 Recreation fees.
1002.30 Misappropriation of property and services.
1002.31 Trespassing, tampering and vandalism.
1002.32 Interfering with agency functions.
1002.33 Report of injury or damage.
1002.34 Disorderly conduct.
1002.35 Alcoholic beverages and controlled substances.
1002.36 Gambling.
1002.37 Noncommercial soliciting.
1002.38 Explosives.
1002.50 Special events.
1002.51 Public assemblies, meetings.
1002.52 Sale or distribution of printed matter.
1002.60 Livestock use and agriculture.
1002.61 Residing on Federal lands.
1002.62 Memorialization.
1002.63 Boating and water use activities.
Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb
note).
Sec. 1002.1 Preservation of natural, cultural and archeological
resources.
(a) Except as otherwise provided in this chapter, the following is
prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging,
or disturbing from its natural state:
(i) Living or dead wildlife or fish, or the parts or products
thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(iii) Nonfossilized and fossilized paleontological specimens,
cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or plants, including their
reproductive bodies, into an ecosystem within the area administered by
the Presidio Trust.
(3) Tossing, throwing or rolling rocks or other items inside caves
or caverns, into valleys, canyons, or caverns, down hillsides or
mountainsides, or into thermal features.
(4) Using or possessing wood gathered from within the area
administered by the Presidio Trust: Provided, however, that the Board
may designate areas where dead wood on the ground may be collected for
use as fuel for campfires within the area administered by the Presidio
Trust.
(5) Walking on, climbing, entering, ascending, descending, or
traversing an archeological or cultural resource, monument, or statue,
except in designated areas and under conditions established by the
Board.
(6) Possessing, destroying, injuring, defacing, removing, digging,
or disturbing a structure or its furnishing or fixtures, or other
cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer,
side scan sonar, other metal detecting device, or subbottom profiler.
This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use
while in the area administered by the Presidio Trust.
(ii) Electronic equipment used primarily for the navigation and
safe operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom
profilers used for authorized scientific, mining, or administrative
activities.
(b) The Board may restrict hiking or pedestrian use to a designated
trail or walkway system pursuant to Sec. Sec. 1001.5 and 1001.7 of this
chapter. Leaving a trail or walkway to shortcut between portions of the
same trail or walkway, or to shortcut to an adjacent trail or walkway
in violation of designated restrictions is prohibited.
(c)(1) The Board may designate certain fruits, berries, nuts, or
unoccupied seashells which may be gathered by hand for personal use or
consumption upon a written determination that the gathering or
consumption will not adversely affect wildlife, the reproductive
potential of a plant species, or otherwise adversely affect the
resources of the area administered by the Presidio Trust.
(2) The Board may:
(i) Limit the size and quantity of the natural products that may be
gathered or possessed for this purpose; or
(ii) Limit the location where natural products may be gathered; or
(iii) Restrict the possession and consumption of natural products
to the area administered by the Presidio Trust.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural products in violation of the
size or quantity limits designated by the Board.
(iii) Unauthorized removal of natural products from the area
administered by the Presidio Trust.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural products.
(d) This section shall not be construed as authorizing the taking,
use or possession of fish, wildlife or plants for ceremonial or
religious purposes, except where specifically authorized by Federal
statutory law, treaty rights, or in accordance with Sec. 1002.2 or
Sec. 1002.3.
Sec. 1002.2 Wildlife protection.
(a) The following are prohibited:
(1) The taking of wildlife.
(2) The feeding, touching, teasing, frightening or intentional
disturbing of wildlife nesting, breeding or other activities.
(3) Possessing unlawfully taken wildlife or portions thereof.
(b) Hunting and trapping. Hunting and trapping are prohibited
within the area administered by the Presidio Trust.
(c) The Board may establish conditions and procedures for
transporting lawfully taken wildlife through the area administered by
the Presidio Trust. Violation of these conditions and procedures is
prohibited.
(d) The Board may designate all or portions of the area
administered by the Presidio Trust as closed to the viewing of wildlife
with an artificial light. Use of an artificial light for purposes of
viewing wildlife in closed areas is prohibited.
(e) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.3 Fishing.
Fishing is prohibited within the area administered by the Presidio
Trust.
Sec. 1002.4 Weapons, traps and nets.
(a)(1) Except as otherwise provided in this section, the following
are prohibited:
(i) Possessing a weapon, trap or net.
(ii) Carrying a weapon, trap or net.
(iii) Using a weapon, trap or net.
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in the area administered by
the Presidio Trust where:
(A) The taking of wildlife is authorized by law in accordance with
Sec. 1002.2;
(B) The taking of fish is authorized by law in accordance with
Sec. 1002.3.
(ii) Within a residential dwelling. For purposes of this paragraph
only, the term ``residential dwelling'' means a fixed housing structure
which is either the principal residence of its occupants, or is
occupied on a regular and recurring basis by its occupants as an
alternate residence or vacation home.
(3) Traps, nets and unloaded weapons may be possessed within a
temporary lodging or mechanical mode of conveyance when such implements
are rendered temporarily inoperable or are packed, cased or stored in a
manner that will prevent their ready use.
[[Page 35702]]
(b) Carrying or possessing a loaded weapon in a motor vehicle,
vessel or other mode of transportation is prohibited, except that
carrying or possessing a loaded weapon in a vessel is allowed when such
vessel is not being propelled by machinery and is used as a shooting
platform in accordance with Federal and State law.
(c) The use of a weapon, trap or net in a manner that endangers
persons or property is prohibited.
(d) Authorized Federal, State and local law enforcement officers
may carry firearms in the performance of their official duties.
(e) The carrying or possessing of a weapon, trap or net in
violation of applicable Federal and State laws is prohibited.
(f) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.5 Research specimens.
(a) Taking plants, fish, wildlife, rocks or minerals except in
accordance with other regulations of this chapter or pursuant to the
terms and conditions of a specimen collection permit, is prohibited.
(b) A specimen collection permit may be issued only to an official
representative of a reputable scientific or educational institution or
a State or Federal agency for the purpose of research, baseline
inventories, monitoring, impact analysis, group study, or museum
display when the Executive Director determines that the collection is
necessary to the stated scientific or resource management goals of the
institution or agency and that all applicable Federal and State permits
have been acquired, and that the intended use of the specimens and
their final disposal is in accordance with applicable law and Federal
administrative policies. A permit shall not be issued if removal of the
specimen would result in damage to other natural or cultural resources,
affect adversely environmental or scenic values, or if the specimen is
readily available outside of the area administered by the Presidio
Trust.
(c) A permit to take an endangered or threatened species listed
pursuant to the Endangered Species Act, or similarly identified by the
States, shall not be issued unless the species cannot be obtained
outside of the area administered by the Presidio Trust and the primary
purpose of the collection is to enhance the protection or management of
the species.
(d) A permit authorizing the killing of plants, fish or wildlife
may be issued only when the Executive Director approves a written
research proposal and determines that the collection will not be
inconsistent with the purposes of the Presidio Trust Act and has the
potential for conserving and perpetuating the species subject to
collection.
(e) Specimen collection permits shall contain the following
conditions:
(1) Specimens placed in displays or collections will bear official
National Park Service museum labels and their catalog numbers will be
registered in the National Park Service National Catalog.
(2) Specimens and data derived from consumed specimens will be made
available to the public and reports and publications resulting from a
research specimen collection permit shall be filed with the Executive
Director.
(f) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 1002.10 Camping and food storage.
(a) The Board may require permits, designate sites or areas, and
establish conditions for camping.
(b) The following are prohibited:
(1) Digging or leveling the ground at a campsite.
(2) Leaving camping equipment, site alterations, or refuse after
departing from the campsite.
(3) Camping within 25 feet of a water hydrant or main road, or
within 100 feet of a flowing stream, river or body of water, except as
designated.
(4) Creating or sustaining unreasonable noise between the hours of
10:00 p.m. and 6:00 a.m., considering the nature and purpose of the
actor's conduct, impact on visitors or tenants, location, and other
factors which would govern the conduct of a reasonably prudent person
under the circumstances.
(5) The installation of permanent camping facilities.
(6) Displaying wildlife carcasses or other remains or parts
thereof.
(7) Connecting to a utility system, except as designated.
(8) Failing to obtain a permit, where required.
(9) Violating conditions which may be established by the Board.
(10) Camping outside of designated sites or areas.
(c) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
(d) Food storage. The Board may designate all or a portion of the
area administered by the Presidio Trust where food, lawfully taken fish
or wildlife, garbage, and equipment used to cook or store food must be
kept sealed in a vehicle, or in a camping unit that is constructed of
solid, non-pliable material, or suspended at least 10 feet above the
ground and 4 feet horizontally from a post, tree trunk, or other
object, or shall be stored as otherwise designated. Violation of this
restriction is prohibited. This restriction does not apply to food that
is being transported, consumed, or prepared for consumption.
Sec. 1002.11 Picnicking.
Picnicking is allowed, except in designated areas closed in
accordance with Sec. 1001.5 of this chapter. The Board may establish
conditions for picnicking in areas where picnicking is allowed.
Picnicking in violation of established conditions is prohibited.
Sec. 1002.12 Audio disturbances.
(a) The following are prohibited:
(1) Operating motorized equipment or machinery such as an electric
generating plant, motor vehicle, motorized toy, or an audio device,
such as a radio, television set, tape deck or musical instrument, in a
manner that exceeds a noise level of 60 decibels measured on the A-
weighted scale at 50 feet; or that, if below that level, nevertheless
makes noise which is unreasonable, considering the nature and purpose
of the actor's conduct, location, time of day or night, purposes of the
Presidio Trust Act, impact on visitors or tenants, and other factors
that would govern the conduct of a reasonably prudent person under the
circumstances.
(2) In developed areas, operating a power saw, except pursuant to
the terms and conditions of a permit.
(3) In nondeveloped areas, operating any type of portable motor or
engine, or device powered by a portable motor or engine, except
pursuant to the terms and conditions of a permit.
(4) Operating a public address system, except in connection with a
public gathering or special event for which a permit has been issued
pursuant to Sec. 1002.50 or Sec. 1002.51.
(b) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 1002.13 Fires.
(a) The following are prohibited:
[[Page 35703]]
(1) Lighting or maintaining a fire, except in designated areas or
receptacles and under conditions that may be established by the Board.
(2) Using stoves or lanterns in violation of established
restrictions.
(3) Lighting, tending, or using a fire, stove or lantern in a
manner that threatens, causes damage to, or results in the burning of
property, real property or resources of the area administered by the
Presidio Trust, or creates a public safety hazard.
(4) Leaving a fire unattended.
(5) Throwing or discarding lighted or smoldering material in a
manner that threatens, causes damage to, or results in the burning of
property or resources of the area administered by the Presidio Trust,
or creates a public safety hazard.
(b) Fires shall be extinguished upon termination of use and in
accordance with such conditions as may be established by the Board.
Violation of these conditions is prohibited.
(c) During periods of high fire danger, the Executive Director may
close all or a portion of the area administered by the Presidio Trust
to the lighting or maintaining of a fire.
(d) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.14 Sanitation and refuse.
(a) The following are prohibited:
(1) Disposing of refuse in other than refuse receptacles.
(2) Using government refuse receptacles or other refuse facilities
for dumping household, commercial, or industrial refuse, brought as
such from private or municipal property, except in accordance with
conditions established by the Executive Director.
(3) Depositing refuse in the plumbing fixtures or vaults of a
toilet facility.
(4) Draining refuse from a trailer or other vehicle, except in
facilities provided for such purpose.
(5) Bathing, or washing food, clothing, dishes, or other property
at public water outlets, fixtures or pools, except at those designated
for such purpose.
(6) Polluting or contaminating waters or water courses within the
area administered by the Presidio Trust.
(7) Disposing of fish remains on land, or in waters within 200 feet
of boat docks or designated swimming beaches, or within developed
areas, except as otherwise designated.
(8) In developed areas, the disposal of human body waste, except at
designated locations or in fixtures provided for that purpose.
(9) In nondeveloped areas, the disposal of human body waste within
100 feet of a water source, high water mark of a body of water, or a
campsite, or within sight of a trail, except as otherwise designated.
(b) The Board may establish conditions concerning the disposal,
containerization, or carryout of human body waste. Violation of these
conditions is prohibited.
Sec. 1002.15 Pets.
(a) The following are prohibited:
(1) Possessing a pet in a public building, public transportation
vehicle, or location designated as a swimming beach, or any structure
or area closed to the possession of pets by the Board. This paragraph
shall not apply to guide dogs accompanying visually impaired persons or
hearing ear dogs accompanying hearing-impaired persons.
(2) Failing to crate, cage, restrain on a leash which shall not
exceed six feet in length, or otherwise physically confine a pet at all
times.
(3) Leaving a pet unattended and tied to an object, except in
designated areas or under conditions which may be established by the
Board.
(4) Allowing a pet to make noise that is unreasonable considering
location, time of day or night, impact on visitors or tenants, and
other relevant factors, or that frightens wildlife by barking, howling,
or making other noise.
(5) Failing to comply with pet excrement disposal conditions which
may be established by the Board.
(b) Pets or feral animals that are running-at-large and observed by
an authorized person in the act of killing, injuring or molesting
humans, livestock, or wildlife may be destroyed if necessary for public
safety or protection of wildlife, livestock, or other resources of the
area administered by the Presidio Trust.
(c) Pets running-at-large may be impounded, and the owner may be
charged reasonable fees for kennel or boarding costs, feed,
veterinarian fees, transportation costs, and disposal. An impounded pet
may be put up for adoption or otherwise disposed of after being held
for 72 hours from the time the owner was notified of capture or 72
hours from the time of capture if the owner is unknown.
(d) Pets may be kept by residents of the area administered by the
Presidio Trust consistent with the provisions of this section and in
accordance with conditions which may be established by the Board.
Violation of these conditions is prohibited.
(e) This section does not apply to dogs used by authorized Federal,
State and local law enforcement officers in the performance of their
official duties.
Sec. 1002.16 Horses and pack animals.
The following are prohibited:
(a) The use of animals other than those designated as ``pack
animals'' for purposes of transporting equipment.
(b) The use of horses or pack animals outside of trails, routes or
areas designated for their use.
(c) The use of horses or pack animals on a Presidio Trust road,
except where such travel is necessary to cross to or from designated
trails, or areas, or privately owned property, and no alternative
trails or routes have been designated; or when the road has been closed
to motor vehicles.
(d) Free-trailing or loose-herding of horses or pack animals on
trails, except as designated.
(e) Allowing horses or pack animals to proceed in excess of a slow
walk when passing in the immediate vicinity of persons on foot or
bicycle.
(f) Obstructing a trail, or making an unreasonable noise or
gesture, considering the nature and purpose of the actor's conduct, and
other factors that would govern the conduct of a reasonably prudent
person, while horses or pack animals are passing.
(g) Violation of conditions which may be established by the Board
concerning the use of horses or pack animals.
Sec. 1002.17 Aircraft and air delivery.
(a) Delivering or retrieving a person or object by parachute,
helicopter, or other airborne means, except in emergencies involving
public safety or serious property loss, or pursuant to the terms and
conditions of a permit, is prohibited.
(b) The provisions of this section, other than paragraph (c) of
this section, shall not be applicable to official business of the
Federal government, or emergency rescues in accordance with the
directions of the Executive Director, or to landings due to
circumstances beyond the control of the operator.
(c)(1) Except as provided in paragraph (c)(3) of this section, the
owners of a downed aircraft shall remove the aircraft and all component
parts thereof in accordance with procedures established by the
Executive Director. In establishing removal procedures, the Executive
Director is authorized to establish a reasonable date by which aircraft
removal operations must be complete; determine times and means of
access to and from the downed aircraft; and specify the manner or
method of removal.
[[Page 35704]]
(2) Failure to comply with procedures and conditions established
under paragraph (c)(1) of this section is prohibited.
(3) The Executive Director may waive the requirements of paragraph
(c)(1) of this section or prohibit the removal of downed aircraft, upon
a determination that the removal of downed aircraft would constitute an
unacceptable risk to human life; the removal of a downed aircraft would
result in extensive resource damage; or the removal of a downed
aircraft is impracticable or impossible.
(d) The use of aircraft shall be in accordance with regulations of
the Federal Aviation Administration as found in 14 CFR chapter I.
(e) The operation or use of hovercraft is prohibited.
(f) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
(g) The use of devices designed to carry persons through the air in
powerless flight is allowed at times and locations designated by the
Board, pursuant to the terms and conditions of a permit.
Sec. 1002.18 Snowmobiles.
The use of snowmobiles is prohibited.
Sec. 1002.19 Winter activities.
(a) Skiing, snowshoeing, ice skating, sledding, innertubing,
tobogganing and similar winter sports are prohibited on Presidio Trust
roads and in parking areas open to motor vehicle traffic, except as
otherwise designated.
(b) The towing of persons on skis, sleds, or other sliding devices
by motor vehicle or snowmobile is prohibited, except in designated
areas or routes.
(c) Failure to abide by area designations or activity restrictions
established under this section is prohibited.
Sec. 1002.20 Skating, skateboards and similar devices.
Using roller skates, skateboards, roller skis, coasting vehicles,
or similar devices is prohibited, except in designated areas.
Sec. 1002.21 Smoking.
(a) The Board may designate a portion of the area administered by
the Presidio Trust, or all or a portion of a building, structure or
facility as closed to smoking when necessary to protect resources,
reduce the risk of fire, or prevent conflicts among visitor use
activities. Sng visitor use activities. Smoking in an area or location
so designated is prohibited.
(b) Smoking is prohibited within all caves and caverns.
Sec. 1002.22 Property.
(a) The following are prohibited:
(1) Abandoning property.
(2) Leaving property unattended for longer than 24 hours, except in
locations where longer time periods have been designated or in
accordance with coBoard.
(3) Failing to turn in found property to the Executive Director as
soon as practicable.
(b) Impoundment of property. (1) Property determined to be left
unattended in excess of an allowed period of time may be impounded by
the Executive Director.
(2) Unattended property that interferes with visitor safety or
orderly management of the area administered by the Presidio Trust, or
that presents a threat to resources of the area administered by the
Presidio Trust may be impounded by the Executive Director at any time.
(3) Found or impounded property shall be inventoried to determine
ownership and safeguard personal property.
(4) The owner of record is responsible and liable for charges to
the person who has removed, stored, or otherwise disposed of property
impounded pursuant to this section; or the Executive Director may
assess the owner reasonable fees for the impoundment and storage of
property impounded pursuant to this section.
(c) Disposition of property. (1) Unattended property impounded
pursuant to this section shall be deemed to be abandoned unless claimed
by the owner or an authorized representative thereof within 60 days.
The 60-day period shall begin when the rightful owner of the property
has been notified, if the owner can be identified, or from the time the
property was placed in the Executive Director's custody, if the owner
cannot be identified.
(2) Unclaimed, found property shall be stored for a minimum period
of 60 days and, unless claimed by the owner or an authorized
representative thereof, may be claimed by the finder, provided that the
finder is not an employee of the Presidio Trust. Found property not
claimed by the owner or an authorized representative or the finder
shall be deemed abandoned.
(3) Abandoned property shall be disposed of in accordance with law.
(4) Property, including real property, located within the area
administered by the Presidio Trust and owned by a deceased person,
shall be disposed of in accordance with the laws of the State within
whose exterior boundaries the property is located.
(d) The regulations contained in paragraphs (a)(2), (b) and (c) of
this section apply, regardless of land ownership, on all lands and
waters within the boundaries of the area administered by the Presidio
Trust that are under the legislative jurisdiction of the United States.
Sec. 1002.23 Recreation fees.
(a) Recreation fees shall be charged in the area administered by
the Presidio Trust to the same extent that recreation fees have been
established for the Golden Gate National Recreation Area in accordance
with 36 CFR part 71.
(b) Entering designated entrance fee areas or using specialized
sites, facilities, equipment or services, or participating in group
activities, recreation events, or other specialized recreation uses for
which recreation fees have been established without paying the required
fees and possessing the applicable permits is prohibited. Violation of
the terms and conditions of a permit issued in accordance with this
section is prohibited and may result in the suspension or revocation of
the permit.
(c) The Executive Director may, when in the public interest,
prescribe periods during which the collection of recreation fees shall
be suspended.
Sec. 1002.30 Misappropriation of property and services.
(a) The following are prohibited:
(1) Obtaining or exercising unlawful possession over the property
of another with the purpose to deprive the owner of the property.
(2) Obtaining property or services offered for sale or compensation
without making payment or offering to pay.
(3) Obtaining property or services offered for sale or compensation
by means of deception or a statement of past, present or future fact
that is instrumental in causing the wrongful transfer of property or
services, or using stolen, forged, expired, revoked or fraudulently
obtained credit cards or paying with negotiable paper on which payment
is refused.
(4) Concealing unpurchased merchandise on or about the person
without the knowledge or consent of the seller or paying less than
purchase price by deception.
(5) Acquiring or possessing the property of another, with knowledge
or reason to believe that the property is stolen.
(b) The regulations contained in this section apply, regardless of
land
[[Page 35705]]
ownership, on all lands and waters within the boundaries of the area
administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.31 Trespassing, tampering and vandalism.
(a) The following are prohibited:
(1) Trespassing. Trespassing, entering or remaining in or upon
property or real property not open to the public, except with the
express invitation or consent of the person having lawful control of
the property or real property.
(2) Tampering. Tampering or attempting to tamper with property or
real property, or moving, manipulating or setting in motion any of the
parts thereof, except when such property is under one's lawful control
or possession.
(3) Vandalism. Destroying, injuring, defacing, or damaging property
or real property.
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.32 Interfering with agency functions.
(a) The following are prohibited:
(1) Interference. Threatening, resisting, intimidating, or
intentionally interfering with a government employee or agent engaged
in an official duty, or on account of the performance of an official
duty.
(2) Lawful order. Violating the lawful order of a government
employee or agent authorized to maintain order and control public
access and movement during fire fighting operations, search and rescue
operations, wildlife management operations involving animals that pose
a threat to public safety, law enforcement actions, and emergency
operations that involve a threat to public safety or resources of the
area administered by the Presidio Trust, or other activities where the
control of public movement and activities is necessary to maintain
order and public safety.
(3) False information. Knowingly giving a false or fictitious
report or other false information to an authorized person investigating
an accident or violation of law or regulation, or on an application for
a permit.
(4) False Report. Knowingly giving a false report for the purpose
of misleading a government employee or agent in the conduct of official
duties, or making a false report that causes a response by the United
States to a fictitious event.
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.33 Report of injury or damage.
(a) A person involved in an incident resulting in personal injury
or property damage exceeding $300, other than an accident reportable
under Sec. 1004.4 of this chapter, shall report the incident to the
Executive Director as soon as possible. This notification does not
satisfy reporting requirements imposed by applicable State law.
(b) Failure to report an incident in accordance with paragraph (a)
of this section is prohibited.
Sec. 1002.34 Disorderly conduct.
(a) A person commits disorderly conduct when, with intent to cause
public alarm, nuisance, jeopardy or violence, or knowingly or
recklessly creating a risk thereof, such person commits any of the
following prohibited acts:
(1) Engages in fighting or threatening, or in violent behavior.
(2) Uses language, an utterance, or gesture, or engages in a
display or act that is obscene, physically threatening or menacing, or
done in a manner that is likely to inflict injury or incite an
immediate breach of the peace.
(3) Makes noise that is unreasonable, considering the nature and
purpose of the actor's conduct, location, time of day or night, and
other factors that would govern the conduct of a reasonably prudent
person under the circumstances.
(4) Creates or maintains a hazardous or physically offensive
condition.
(b) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1002.35 Alcoholic beverages and controlled substances.
(a) Alcoholic beverages. (1) The use and possession of alcoholic
beverages within the area administered by the Presidio Trust is allowed
in accordance with the provisions of this section.
(2) The following are prohibited:
(i) The sale or gift of an alcoholic beverage to a person under 21
years of age, except where allowed by State law. In a State where a
lower minimum age is established, that age limit will apply for
purposes of this paragraph.
(ii) The possession of an alcoholic beverage by a person under 21
years of age, except where allowed by State law. In a State where a
lower minimum age is established, that age will apply for purposes of
this paragraph.
(3)(i) The Board may close all or a portion of a public use area or
public facility within the area administered by the Presidio Trust to
the consumption of alcoholic beverages and/or to the possession of a
bottle, can or other receptacle containing an alcoholic beverage that
is open, or that has been opened, or whose seal is broken or the
contents of which have been partially removed. Provided however, that
such a closure may only be implemented following a determination made
by the Board that:
(A) The consumption of an alcoholic beverage or the possession of
an open container of an alcoholic beverage would be inappropriate
considering other uses of the location and the purpose for which it is
maintained or established; or
(B) Incidents of aberrant behavior related to the consumption of
alcoholic beverages are of such magnitude that the diligent application
of the authorities in this section and Sec. Sec. 1001.5 and 1002.34 of
this chapter, over a reasonable time period, does not alleviate the
problem.
(ii) A closure imposed by the Board does not apply to an open
container of an alcoholic beverage that is stored in compliance with
the provisions of Sec. 1004.14 of this chapter.
(iii) Violating a closure imposed pursuant to this section is
prohibited.
(b) Controlled substances. The following are prohibited:
(1) The delivery of a controlled substance, except when
distribution is made by a practitioner in accordance with applicable
law. For the purposes of this paragraph, delivery means the actual,
attempted or constructive transfer of a controlled substance whether or
not there exists an agency relationship.
(2) The possession of a controlled substance, unless such substance
was obtained by the possessor directly, or pursuant to a valid
prescription or order, from a practitioner acting in the course of
professional practice or otherwise allowed by Federal or State law.
(c) Presence within the area administered by the Presidio Trust
when under the influence of alcohol or a controlled substance to a
degree that may endanger oneself or another person, or damage property
or resources of the
[[Page 35706]]
area administered by the Presidio Trust, is prohibited.
Sec. 1002.36 Gambling.
(a) Gambling in any form, or the operation of gambling devices, is
prohibited.
(b) This regulation applies, regardless of land ownership, on all
lands and waters within the boundaries of the area administered by the
Presidio Trust that are under the legislative jurisdiction of the
United States.
Sec. 1002.37 Noncommercial soliciting.
Soliciting or demanding gifts, money, goods or services is
prohibited, except pursuant to the terms and conditions of a permit
that has been issued under Sec. 1002.50, Sec. 1002.51 or Sec. 1002.52.
Sec. 1002.38 Explosives.
(a) Using, possessing, storing, or transporting explosives,
blasting agents or explosive materials is prohibited, except pursuant
to the terms and conditions of a permit. When permitted, the use,
possession, storage and transportation shall be in accordance with
applicable Federal and State laws.
(b) Using or possessing fireworks and firecrackers is prohibited,
except pursuant to the terms and conditions of a permit or in
designated areas under such conditions as the Board may establish, and
in accordance with applicable State law.
(c) Violation of the conditions established by the Board or of the
terms and conditions of a permit issued in accordance with this section
is prohibited and may result in the suspension or revocation of the
permit.
Sec. 1002.50 Special events.
(a) Sports events, pageants, regattas, public spectator
attractions, entertainments, ceremonies, and similar events are
allowed: Provided, however, There is a meaningful association between
the area administered by the Presidio Trust and the events, and the
observance contributes to visitor understanding of the significance of
the area administered by the Presidio Trust, and a permit therefore has
been issued by the Executive Director. A permit shall be denied if such
activities would:
(1) Cause injury or damage to resources of the area administered by
the Presidio Trust; or
(2) Be contrary to the purposes of the Presidio Trust Act; or
(3) Unreasonably interfere with interpretive, visitor service, or
other program activities, or with the administrative activities of the
Presidio Trust or the National Park Service; or
(4) Substantially impair the operation of public use facilities or
services of Presidio Trust concessioners or contractors; or
(5) Present a clear and present danger to the public health and
safety; or
(6) Result in significant conflict with other existing uses.
(b) An application for such a permit shall set forth the name of
the applicant, the date, time, duration, nature and place of the
proposed event, an estimate of the number of persons expected to
attend, a statement of equipment and facilities to be used, and any
other information required by the Executive Director. The application
shall be submitted so as to reach the Executive Director at least 72
hours in advance of the proposed event.
(c) As a condition of permit issuance, the Executive Director may
require:
(1) The filing of a bond payable to the Presidio Trust, in an
amount adequate to cover costs such as restoration, rehabilitation, and
cleanup of the area used, and other costs resulting from the special
event. In lieu of a bond, a permittee may elect to deposit cash equal
to the amount of the required bond.
(2) In addition to the requirements of paragraph (c)(1) of this
section, the acquisition of liability insurance in which the United
States is named as co-insured in an amount sufficient to protect the
United States.
(d) The permit may contain such conditions as are reasonably
consistent with protection and use of the area administered by the
Presidio Trust for the purposes of the Presidio Trust Act. It may also
contain reasonable limitations on the equipment used and the time and
area within which the event is allowed.
(e) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 1002.51 Public assemblies, meetings.
(a) Public assemblies, meetings, gatherings, demonstrations,
parades and other public expressions of views are allowed within the
area administered by the Presidio Trust, provided a permit therefore
has been issued by the Executive Director.
(b) An application for such a permit shall set forth the name of
the applicant; the date, time, duration, nature and place of the
proposed event; an estimate of the number of persons expected to
attend; a statement of equipment and facilities to be used and any
other information required by the permit application form.
(c) The Executive Director shall, without unreasonable delay, issue
a permit on proper application unless:
(1) A prior application for a permit for the same time and place
has been made that has been or will be granted and the activities
authorized by that permit do not reasonably allow multiple occupancy of
that particular area; or
(2) It reasonably appears that the event will present a clear and
present danger to the public health or safety; or
(3) The event is of such nature or duration that it cannot
reasonably be accommodated in the particular location applied for,
considering such things as damage to resources or facilities of the
area administered by the Presidio Trust, impairment of a protected
area's atmosphere of peace and tranquillity, interference with program
activities, or impairment of public use facilities.
(d) If a permit is denied, the applicant shall be so informed in
writing, with the reason(s) for the denial set forth.
(e) The Board shall designate on a map, that shall be available in
the office of the Presidio Trust, the locations available for public
assemblies. Locations may be designated as not available only if such
activities would:
(1) Cause injury or damage to resources of the area administered by
the Presidio Trust; or
(2) Unreasonably impair the atmosphere of peace and tranquillity
maintained in wilderness, natural, historic or commemorative zones; or
(3) Unreasonably interfere with interpretive, visitor service, or
other program activities, or with the administrative activities of the
Presidio Trust or the National Park Service; or
(4) Substantially impair the operation of public use facilities or
services of Presidio Trust concessioners or contractors; or
(5) Present a clear and present danger to the public health and
safety.
(f) The permit may contain such conditions as are reasonably
consistent with protection and use of the area administered by the
Presidio Trust for the purposes of the Presidio Trust Act. It may also
contain reasonable limitations on the equipment used and the time and
area within which the event is allowed.
(g) No permit shall be issued for a period in excess of 7 days,
provided that permits may be extended for like periods, upon a new
application, unless another applicant has requested use of the same
location and multiple occupancy of that location is not reasonably
possible.
(h) It is prohibited for persons engaged in activities covered
under this section to obstruct or impede
[[Page 35707]]
pedestrians or vehicles, or harass visitors with physical contact.
(i) A permit may be revoked under any of those conditions, as
listed in paragraph (c) of this section, that constitute grounds for
denial of a permit, or for violation of the terms and conditions of the
permit. Such a revocation shall be made in writing, with the reason(s)
for revocation clearly set forth, except under emergency circumstances,
when an immediate verbal revocation or suspension may be made to be
followed by written confirmation within 72 hours.
(j) Violation of the terms and conditions of a permit issued in
accordance with this section may result in the suspension or revocation
of the permit.
Sec. 1002.52 Sale or distribution of printed matter.
(a) The sale or distribution of printed matter is allowed within
the area administered by the Presidio Trust, provided that a permit to
do so has been issued by the Executive Director, and provided further
that the printed matter is not solely commercial advertising.
(b) An application for such a permit shall set forth the name of
the applicant; the name of the organization (if any); the date, time,
duration, and location of the proposed sale or distribution; the number
of participants; and any other information required by the permit
application form.
(c) The Executive Director shall, without unreasonable delay, issue
a permit on proper application unless:
(1) A prior application for a permit for the same time and location
has been made that has been or will be granted and the activities
authorized by that permit do not reasonably allow multiple occupancy of
the particular area; or
(2) It reasonably appears that the sale or distribution will
present a clear and present danger to the public health and safety; or
(3) The number of persons engaged in the sale or distribution
exceeds the number that can reasonably be accommodated in the
particular location applied for, considering such things as damage to
resources or facilities of the area administered by the Presidio Trust,
impairment of a protected area's atmosphere of peace and tranquillity,
interference with program activities, or impairment of public use
facilities; or
(4) The location applied for has not been designated as available
for the sale or distribution of printed matter; or
(5) The activity would constitute a violation of an applicable law
or regulation.
(d) If a permit is denied, the applicant shall be so informed in
writing, with the reason(s) for the denial set forth.
(e) The Board shall designate on a map, which shall be available
for inspection in the office of the Presidio Trust, the locations
within the area administered by the Presidio Trust that are available
for the sale or distribution of printed matter. Locations may be
designated as not available only if the sale or distribution of printed
matter would:
(1) Cause injury or damage to resources of the area administered by
the Presidio Trust; or
(2) Unreasonably impair the atmosphere of peace and tranquillity
maintained in wilderness, natural, historic, or commemorative zones; or
(3) Unreasonably interfere with interpretive, visitor service, or
other program activities, or with the administrative activities of the
Presidio Trust or the National Park Service; or
(4) Substantially impair the operation of public use facilities or
services of Presidio Trust concessioners or contractors; or
(5) Present a clear and present damage to the public health and
safety.
(f) The permit may contain such conditions as are reasonably
consistent with protection and use of the area administered by the
Presidio Trust for the purposes of the Presidio Trust Act.
(g) No permit shall be issued for a period in excess of 14
consecutive days, provided that permits may be extended for like
periods, upon a new application, unless another applicant has requested
use of the same location and multiple occupancy of that location is not
reasonably possible.
(h) It is prohibited for persons engaged in the sale or
distribution of printed matter under this section to obstruct or impede
pedestrians or vehicles, harass visitors with physical contact or
persistent demands, misrepresent the purposes or affiliations of those
engaged in the sale or distribution, or misrepresent whether the
printed matter is available without cost or donation.
(i) A permit may be revoked under any of those conditions, as
listed in paragraph (c) of this section, that constitute grounds for
denial of a permit, or for violation of the terms and conditions of the
permit. Such a revocation shall be made in writing, with the reason(s)
for revocation clearly set forth, except under emergency circumstances,
when an immediate verbal revocation or suspension may be made, to be
followed by written confirmation within 72 hours.
(j) Violation of the terms and conditions of a permit issued in
accordance with this section may result in the suspension or revocation
of the permit.
Sec. 1002.60 Livestock use and agriculture.
(a) The running-at-large, herding, driving across, allowing on,
pasturing or grazing of livestock of any kind within the area
administered by the Presidio Trust or the use of such area for
agricultural purposes is prohibited, except:
(1) As specifically authorized by Federal statutory law; or
(2) As required under a reservation of use rights arising from
acquisition of a tract of land; or
(3) As designated, when conducted as a necessary and integral part
of a recreational activity or required in order to maintain a historic
scene.
(b) Activities authorized pursuant to any of the exceptions
provided for in paragraph (a) of this section shall be allowed only
pursuant to the terms and conditions of a license, permit or lease.
Violation of the terms and conditions of a license, permit or lease
issued in accordance with this paragraph is prohibited and may result
in the suspension or revocation of the license, permit, or lease.
(c) Impounding of livestock. (1) Livestock trespassing within the
area administered by the Presidio Trust may be impounded by the
Executive Director and, if not claimed by the owner within the periods
specified in this paragraph, shall be disposed of in accordance with
applicable Federal and State law.
(2) In the absence of applicable Federal or State law, the
livestock shall be disposed of in the following manner:
(i) If the owner is known, prompt written notice of impoundment
will be served, and in the event of the owner's failure to remove the
impounded livestock within five (5) days from delivery of such notice,
it will be disposed of in accordance with this paragraph.
(ii) If the owner is unknown, disposal of the livestock shall not
be made until at least fifteen (15) days have elapsed from the date
that a notice of impoundment is originally published in a newspaper of
general circulation in the county in which the trespass occurs or, if
no such newspaper exists, notification is provided by other appropriate
means.
(iii) The owner may redeem the livestock by submitting proof of
ownership and paying all expenses of the United States for capturing,
advertising, pasturing, feeding, impounding, and the amount of damage
[[Page 35708]]
to public property injured or destroyed as a result of the trespass.
(iv) In determining the claim of the government in a livestock
trespass, the value of forage consumed shall be computed at the
commercial rates prevailing in the locality for the class of livestock
found in trespass. The claim shall include the pro rata salary of
employees for the time spent and the expenses incurred as a result of
the investigation, reporting, and settlement or prosecution of the
claim.
(v) If livestock impounded under this paragraph is offered at
public sale and no bid is received, or if the highest bid received is
less than the amount of the claim of the United States or of the
officer's appraised value of the livestock, whichever is the lesser
amount, such livestock, may be sold at private sale for the highest
amount obtainable, condemned and destroyed, or converted to the use of
the United States.
Sec. 1002.61 Residing on Federal lands.
(a) Residing within the area administered by the Presidio Trust,
other than on privately owned lands, except pursuant to the terms and
conditions of a permit, lease or contract, is prohibited.
(b) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 1002.62 Memorialization.
(a) The installation of a monument, memorial, tablet, structure, or
other commemorative installation within the area administered by the
Presidio Trust without the authorization of the Board is prohibited.
(b) The scattering of human ashes from cremation is prohibited,
except pursuant to the terms and conditions of a permit, or in
designated areas according to conditions which may be established by
the Board.
(c) Failure to abide by area designations and established
conditions is prohibited.
(d) Violation of the terms and conditions of a permit issued in
accordance with this section is prohibited and may result in the
suspension or revocation of the permit.
Sec. 1002.63 Boating and water use activities.
Swimming, boating and the use of any water vessel are prohibited
within the area administered by the Presidio Trust.
PART 1004--VEHICLES AND TRAFFIC SAFETY
Sec.
1004.1 Applicability and scope.
1004.2 State law applicable.
1004.3 Authorized emergency vehicles.
1004.4 Report of motor vehicle accident.
1004.10 Travel on Presidio Trust roads and designated routes.
1004.11 Load, weight and size limits.
1004.12 Traffic control devices.
1004.13 Obstructing traffic.
1004.14 Open container of alcoholic beverage.
1004.15 Safety belts.
1004.20 Right of way.
1004.21 Speed limits.
1004.22 Unsafe operation.
1004.23 Operating under the influence of alcohol or drugs.
1004.30 Bicycles.
1004.31 Hitchhiking.
Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb
note).
Sec. 1004.1 Applicability and scope.
The applicability of the regulations in this part is described in
Sec. 1001.2 of this chapter. The regulations in this part also apply,
regardless of land ownership, on all roadways and parking areas within
the boundaries of the area administered by the Presidio Trust that are
open to public traffic and that are under the legislative jurisdiction
of the United States.
Sec. 1004.2 State law applicable.
(a) Unless specifically addressed by regulations in this chapter,
traffic and the use of vehicles within the boundaries of the area
administered by the Presidio Trust are governed by State law. State law
that is now or may later be in effect is adopted and made a part of the
regulations in this part.
(b) Violating a provision of State law is prohibited.
Sec. 1004.3 Authorized emergency vehicles.
(a) The operator of an authorized emergency vehicle, when
responding to an emergency or when pursuing or apprehending an actual
or suspected violator of the law, may:
(1) Disregard traffic control devices;
(2) Exceed the speed limit; and
(3) Obstruct traffic.
(b) The provisions of paragraph (a) of this section do not relieve
the operator from the duty to operate with due regard for the safety of
persons and property.
Sec. 1004.4 Report of motor vehicle accident.
(a) The operator of a motor vehicle involved in an accident
resulting in property damage, personal injury or death shall report the
accident to the Executive Director as soon as practicable, but within
24 hours of the accident. If the operator is physically incapable of
reporting the accident, an occupant of the vehicle shall report the
accident to the Executive Director.
(b) A person shall not tow or move a vehicle that has been involved
in an accident without first notifying the Executive Director unless
the position of the vehicle constitutes a hazard or prior notification
is not practicable, in which case notification shall be made before the
vehicle is removed from the area administered by the Presidio Trust.
(c) Failure to comply with a reporting requirement specified in
paragraph (a) or (b) of this section is prohibited.
(d) The notification requirements imposed by this section do not
relieve the operator and occupants of a motor vehicle involved in an
accident of the responsibility to satisfy reporting requirements
imposed by State law.
Sec. 1004.10 Travel on Presidio Trust roads and designated routes.
(a) Operating a motor vehicle is prohibited except on Presidio
Trust roads and in parking areas.
(b) The following are prohibited:
(1) Operating a motor vehicle not equipped with pneumatic tires,
except that a track-laying motor vehicle or a motor vehicle equipped
with a similar traction device may be operated on a route designated
for these vehicles by the Board.
(2) Operating a motor vehicle in a manner that causes unreasonable
damage to the surface of a Presidio Trust road or route.
Sec. 1004.11 Load, weight and size limits.
(a) Vehicle load, weight and size limits established by State law
apply to a vehicle operated on a Presidio Trust road. However, the
Board may designate more restrictive limits when appropriate for
traffic safety or protection of the road surface. The Board may require
a permit and establish conditions for the operation of a vehicle
exceeding designated limits.
(b) The following are prohibited:
(1) Operating a vehicle that exceeds a load, weight or size limit
designated by the Board.
(2) Failing to obtain a permit when required.
(3) Violating a term or condition of a permit.
(4) Operating a motor vehicle with an auxiliary detachable side
mirror that extends more than 10 inches beyond the side fender line
except when the motor vehicle is towing a second vehicle.
(c) Violating a term or condition of a permit may also result in
the suspension or revocation of the permit by the Executive Director.
[[Page 35709]]
Sec. 1004.12 Traffic control devices.
Failure to comply with the directions of a traffic control device
is prohibited unless otherwise directed by the Executive Director.
Sec. 1004.13 Obstructing traffic.
The following are prohibited:
(a) Stopping or parking a vehicle upon a Presidio Trust road,
except as authorized by the Executive Director, or in the event of an
accident or other condition beyond the control of the operator.
(b) Operating a vehicle so slowly as to interfere with the normal
flow of traffic.
Sec. 1004.14 Open container of alcoholic beverage.
(a) Each person within a motor vehicle is responsible for complying
with the provisions of this section that pertain to carrying an open
container. The operator of a motor vehicle is the person responsible
for complying with the provisions of this section that pertain to the
storage of an open container.
(b) Carrying or storing a bottle, can or other receptacle
containing an alcoholic beverage that is open, or has been opened, or
whose seal is broken or the contents of which have been partially
removed, within a motor vehicle in the area administered by the
Presidio Trust is prohibited.
(c) This section does not apply to:
(1) An open container stored in the trunk of a motor vehicle or, if
a motor vehicle is not equipped with a trunk, to an open container
stored in some other portion of the motor vehicle designed for the
storage of luggage and not normally occupied by or readily accessible
to the operator or passengers; or
(2) An open container stored in the living quarters of a motor home
or camper; or
(3) Unless otherwise prohibited, an open container carried or
stored in a motor vehicle parked at an authorized campsite where the
motor vehicle's occupant(s) are camping.
(d) For the purpose of paragraph (c)(1) of this section, a utility
compartment or glove compartment is deemed to be readily accessible to
the operator and passengers of a motor vehicle.
Sec. 1004.15 Safety belts.
(a) Each operator and passenger occupying any seating position of a
motor vehicle in the area administered by the Presidio Trust will have
the safety belt or child restraint system properly fastened at all
times when the vehicle is in motion. The safety belt and child
restraint system will conform to applicable United States Department of
Transportation standards.
(b) This section does not apply to an occupant in a seat that was
not originally equipped by the manufacturer with a safety belt nor does
it apply to a person who can demonstrate that a medical condition
prevents restraint by a safety belt or other occupant restraining
device.
Sec. 1004.20 Right of way.
An operator of a motor vehicle shall yield the right of way to
pedestrians, saddle and pack animals and vehicles drawn by animals.
Failure to yield the right of way is prohibited.
Sec. 1004.21 Speed limits.
(a) Speed limits in the area administered by the Presidio Trust are
as follows:
(1) 15 miles per hour: within all school zones, campgrounds, picnic
areas, parking areas, utility areas, business or residential areas,
other places of public assemblage and at emergency scenes.
(2) 25 miles per hour: upon sections of Presidio Trust road under
repair or construction.
(3) 45 miles per hour: upon all other Presidio Trust roads.
(b) The Board may designate a different speed limit upon any
Presidio Trust road when a speed limit set forth in paragraph (a) of
this section is determined to be unreasonable, unsafe or inconsistent
with the purposes of the Presidio Trust Act. Speed limits shall be
posted by using standard traffic control devices.
(c) Operating a vehicle at a speed in excess of the speed limit is
prohibited.
(d) An authorized person may utilize radiomicrowaves or other
electrical devices to determine the speed of a vehicle on a Presidio
Trust road. Signs indicating that vehicle speed is determined by the
use of radiomicrowaves or other electrical devices are not required.
Sec. 1004.22 Unsafe operation.
(a) The elements of this section constitute offenses that are less
serious than reckless driving. The offense of reckless driving is
defined by State law and violations are prosecuted pursuant to the
provisions of Sec. 1004.2.
(b) The following are prohibited:
(1) Operating a motor vehicle without due care or at a speed
greater than that which is reasonable and prudent considering wildlife,
traffic, weather, road and light conditions and road character.
(2) Operating a motor vehicle in a manner which unnecessarily
causes its tires to squeal, skid or break free of the road surface.
(3) Failing to maintain that degree of control of a motor vehicle
necessary to avoid danger to persons, property or wildlife.
(4) Operating a motor vehicle while allowing a person to ride:
(i) On or within any vehicle, trailer or other mode of conveyance
towed behind the motor vehicle unless specifically designed for
carrying passengers while being towed; or
(ii) On any exterior portion of the motor vehicle not designed or
intended for the use of a passenger. This restriction does not apply to
a person seated on the floor of a truck bed equipped with sides, unless
prohibited by State law.
Sec. 1004.23 Operating under the influence of alcohol or drugs.
(a) Operating or being in actual physical control of a motor
vehicle is prohibited while:
(1) Under the influence of alcohol, or a drug, or drugs, or any
combination thereof, to a degree that renders the operator incapable of
safe operation; or
(2) The alcohol concentration in the operator's blood or breath is
0.10 grams or more of alcohol per 100 milliliters of blood or 0.10
grams or more of alcohol per 210 liters of breath. Provided however,
that if State law that applies to operating a motor vehicle while under
the influence of alcohol establishes more restrictive limits of alcohol
concentration in the operator's blood or breath, those limits supersede
the limits specified in this paragraph.
(b) The provisions of paragraph (a) of this section also apply to
an operator who is or has been legally entitled to use alcohol or
another drug.
(c) Tests. (1) At the request or direction of an authorized person
who has probable cause to believe that an operator of a motor vehicle
within the area administered by the Presidio Trust has violated a
provision of paragraph (a) of this section, the operator shall submit
to one or more tests of the blood, breath, saliva or urine for the
purpose of determining blood alcohol and drug content.
(2) Refusal by an operator to submit to a test is prohibited and
proof of refusal may be admissible in any related judicial proceeding.
(3) Any test or tests for the presence of alcohol and drugs shall
be determined by and administered at the direction of an authorized
person.
(4) Any test shall be conducted by using accepted scientific
methods and equipment of proven accuracy and reliability operated by
personnel certified in its use.
[[Page 35710]]
(d) Presumptive levels. (1) The results of chemical or other
quantitative tests are intended to supplement the elements of probable
cause used as the basis for the arrest of an operator charged with a
violation of paragraph (a)(1) of this section. If the alcohol
concentration in the operator's blood or breath at the time of testing
is less than alcohol concentrations specified in paragraph (a)(2) of
this section, this fact does not give rise to any presumption that the
operator is or is not under the influence of alcohol.
(2) The provisions of paragraph (d)(1) of this section are not
intended to limit the introduction of any other competent evidence
bearing upon the question of whether the operator, at the time of the
alleged violation, was under the influence of alcohol, or a drug, or
drugs, or any combination thereof.
Sec. 1004.30 Bicycles.
(a) The use of a bicycle is prohibited except on Presidio Trust
roads, in parking areas and on routes designated for bicycle use;
provided, however, that the Board may close any Presidio Trust road or
parking area to bicycle use pursuant to the criteria and procedures of
Secs. 1001.5 and 1001.7 of this chapter. Routes may only be designated
for bicycle use based on a written determination that such use is
consistent with the protection of natural, scenic and aesthetic values,
safety considerations and management objectives and will not disturb
wildlife or the resources of the area administered by the Presidio
Trust.
(b) Designated bicycle routes. The use of a bicycle is permitted in
non-developed areas, as follows:
(1) Bicycle use is permitted on routes which have been designated
by the Board as bicycle routes by the posting of signs, and as
designated on maps which are available in the office of the Presidio
Trust and other places convenient to the public.
(2) Bicycle speed limits are as follows:
(i) 15 miles per hour: Upon all designated routes within the area
administered by the Presidio Trust.
(ii) 5 miles per hour: On blind curves and when passing other trail
users.
(3) The following are prohibited:
(i) The possession of a bicycle on routes not designated as open to
bicycle use.
(ii) Operating a bicycle on designated bicycle routes between
sunset and sunrise without exhibiting on the bicycle or on the operator
an activated white light that is visible from a distance of at least
500 feet to the front and with a red light or reflector visible from at
least 200 feet to the rear.
(c) A person operating a bicycle is subject to all sections of this
part that apply to an operator of a motor vehicle, except Secs. 1004.4,
1004.10, 1004.11 and 1004.14.
(d) The following are prohibited:
(1) Possessing a bicycle in a wilderness area established by
Federal statute.
(2) Operating a bicycle during periods of low visibility, or while
traveling through a tunnel, or between sunset and sunrise, without
exhibiting on the operator or bicycle a white light or reflector that
is visible from a distance of at least 500 feet to the front and with a
red light or reflector visible from at least 200 feet to the rear.
(3) Operating a bicycle abreast of another bicycle except where
authorized by the Executive Director.
(4) Operating a bicycle while consuming an alcoholic beverage or
carrying in hand an open container of an alcoholic beverage.
Sec. 1004.31 Hitchhiking.
Hitchhiking or soliciting transportation is prohibited except in
designated areas and under conditions established by the Board.
PART 1005--COMMERCIAL AND PRIVATE OPERATIONS
Sec.
1005.1 Advertisements.
1005.2 Alcoholic beverages; sale of intoxicants.
1005.3 Business operations.
1005.4 Commercial passenger-carrying motor vehicles.
1005.5 Commercial photography.
1005.6 Commercial vehicles.
1005.7 Construction of buildings or other facilities.
1005.8 Discrimination in employment practices.
1005.9 Discrimination in furnishing public accommodations and
transportation services.
1005.10-1005.12 [Reserved]
1005.13 Nuisances.
1005.14 Prospecting, mining, and mineral leasing.
Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb
note).
Sec. 1005.1 Advertisements.
Commercial notices or advertisements shall not be displayed,
posted, or distributed within the area administered by the Presidio
Trust unless prior written permission has been given by the Executive
Director. Such permission may be granted only if the notice or
advertisement is of goods, services, or facilities available within the
area administered by the Presidio Trust and such notices and
advertisements are found by the Executive Director to be desirable and
necessary for the convenience and guidance of the public.
Sec. 1005.2 Alcoholic beverages; sale of intoxicants.
The sale of alcoholic, spirituous, vinous, or fermented liquor,
containing more than 1 percent of alcohol by weight, shall conform with
all applicable Federal, State, and local laws and regulations. (See
also Sec. 1002.35 of this chapter.)
Sec. 1005.3 Business operations.
Engaging in or soliciting any business in the area administered by
the Presidio Trust, except in accordance with the provisions of a
permit, contract, or other written agreement with the United States, is
prohibited.
Sec. 1005.4 Commercial passenger-carrying motor vehicles.
Passenger-carrying motor vehicles that are so large as to require
special escort in order to proceed safely over Presidio Trust roads, or
which in the judgment of the Executive Director are beyond the carrying
capacity or safety factor of the roads, will not be permitted in the
area administered by the Presidio Trust, except that, where they may
satisfactorily enter and travel to the Presidio Trust headquarters they
may be parked there during the period of stay.
Sec. 1005.5 Commercial photography.
(a) Motion pictures, television. Before any motion picture may be
filmed or any television production or sound track may be made, which
involves the use of professional casts, settings, or crews, by any
person other than bona fide newsreel or news television personnel,
written permission must first be obtained from the Executive Director,
in accordance with the following:
(1) Permit required. No picture may be filmed, and no television
production or sound track made on any area administered by the Presidio
Trust, by any person other than amateur or bona fide newsreel and news
television photographers and soundmen, unless written permission has
been obtained from the Presidio Trust. Applications for permission
should be submitted to the Executive Director.
(2) Fees; bonds. (i) No fees will be charged for the making of
motion pictures, television productions or sound tracks on areas
administered by the Presidio Trust. The regular general admission and
other fees currently in effect in any area under the jurisdiction of
the Presidio Trust are not affected by this paragraph.
(ii) A bond shall be furnished, or deposit made in cash or by
certified check, in an amount to be set by the
[[Page 35711]]
official in charge of the area to insure full compliance with all of
the conditions prescribed in paragraph (a)(4) of this section.
(3) Approval of application. Permission to make a motion picture,
television production or sound track on areas administered by the
Presidio Trust will be granted by the Executive Director in his
discretion and on acceptance by the applicant of the conditions set
forth in paragraph (a)(4) of this section.
(4) Form of application. The following form is prescribed for an
application for permission to make a motion picture, television
production, or sound track on areas administered by the Presidio Trust:
Date-------------------------------------------------------------------
To the Executive Director of the Presidio Trust:
Permission is requested to make, in the area administered by the
Presidio Trust, a
----------------------------------------------------------------------
The scope of the filming (or production or recording) and the
manner and extent thereof will be as follows:
----------------------------------------------------------------------
----------------------------------------------------------------------
Weather conditions permitting, work will commence on
approximately ______________ and will be completed on approximately
______________. (An additional sheet should be used if necessary.)
The undersigned accepts and will comply with the following
conditions:
Utmost care will be exercised to see that no natural features
are injured, and after completion of the work the area will, as
required by the official in charge, either be cleaned up and
restored to its prior condition or left, after clean-up, in a
condition satisfactory to the official in charge.
Credit will be given to the Presidio Trust through the use of an
appropriate title or announcement, unless there is issued by the
official in charge of the area a written statement that no such
courtesy credit is desired.
Pictures will be taken of wildlife only when such wildlife will
be shown in its natural state or under approved management
conditions if such wildlife is confined.
Any special instructions received from the official in charge of
the area will be complied with.
Any additional information relating to the privilege applied for
by this application will be furnished upon request of the official
in charge.
----------------------------------------------------------------------
(Applicant)
For--------------------------------------------------------------------
(Company)
Bond Requirement $-----------------------------------------------------
Approved:
----------------------------------------------------------------------
(Date)
----------------------------------------------------------------------
(Title)
(b) Still photography. The taking of photographs of any vehicle, or
other articles of commerce or models for the purpose of commercial
advertising without a written permit from the Executive Director is
prohibited.
Sec. 1005.6 Commercial vehicles.
(a) The term ``Commercial vehicle'' as used in this section shall
include, but not be limited to trucks, station wagons, pickups,
passenger cars or other vehicles when used in transporting movable
property for a fee or profit, either as a direct charge to another
person, or otherwise, or used as an incident to providing services to
another person, or used in connection with any business.
(b) The use of government roads within the area administered by the
Presidio Trust by commercial vehicles, when such use is in no way
connected with the operation of the area administered by the Presidio
Trust, is prohibited, except that in emergencies the Executive Director
may grant permission to use Presidio Trust roads.
(c) The Executive Director shall issue permits for commercial
vehicles used on Presidio Trust roads when such use is necessary for
access to private lands situated within or adjacent to the area
administered by the Presidio Trust, to which access is otherwise not
available.
Sec. 1005.7 Construction of buildings or other facilities.
Constructing or attempting to construct a building, or other
structure, boat dock, road, trail, path, or other way, telephone line,
telegraph line, power line, or any other private or public utility,
upon, across, over, through, or under any area administered by the
Presidio Trust, except in accordance with the provisions of a valid
permit, contract, or other written agreement with the United States, is
prohibited.
Sec. 1005.8 Discrimination in employment practices.
(a) The proprietor, owner, or operator of any hotel, inn, lodge or
other facility or accommodation offered to or enjoyed by the general
public within the area administered by the Presidio Trust is prohibited
from discriminating against any employee or maintaining any employment
practice which discriminates because of race, creed, color, ancestry,
sex, age, disabling condition, or national origin in connection with
any activity provided for or permitted by contract with or permit from
the Government or by derivative subcontract or sublease. As used in
this section, the term ``employment'' includes, but is not limited to,
employment, upgrading, demotion, or transfer; recruitment, or
recruitment advertising; layoffs or termination; rates of pay or other
forms of compensation; and selection for training including
apprenticeship.
(b) Each such proprietor, owner or operator shall post either the
following notice or notices supplied in accordance with Executive Order
11246 at such locations as will ensure that the notice and its contents
will be conspicuous to any person seeking employment:
Notice
This is a facility operated in an area under the jurisdiction of
the Presidio Trust. No discrimination in employment practices on the
basis of race, creed, color, ancestry, sex, age, disabling
condition, or national origin is permitted in this facility.
Violations of this prohibition are punishable by fine, imprisonment,
or both. Complaints or violations of this prohibition should be
addressed to the Executive Director, The Presidio Trust, P.O. Box
29052, San Francisco, CA 94129-0052.
(c) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Sec. 1005.9 Discrimination in furnishing public accommodations and
transportation services.
(a) The proprietor, owner or operator and the employees of any
hotel, inn, lodge, or other facility or accommodation offered to or
enjoyed by the general public within the area administered by the
Presidio Trust and, while using such area, any commercial passenger-
carrying motor vehicle service and its employees, are prohibited from:
(1) Publicizing the facilities, accommodations or any activity
conducted therein in any manner that would directly or inferentially
reflect upon or question the acceptability of any person or persons
because of race, creed, color, ancestry, sex, age, disabling condition,
or national origin; or
(2) Discriminating by segregation or otherwise against any person
or persons because of race, creed, color, ancestry, sex, age, disabling
condition, or national origin in furnishing or refusing to furnish such
person or persons any accommodation, facility, service, or privilege
offered to or enjoyed by the general public.
(b) Each such proprietor, owner, or operator shall post the
following notice at such locations as will insure that the notice and
its contents will be
[[Page 35712]]
conspicuous to any person seeking accommodations, facilities, services,
or privileges:
Notice
This is a facility operated in an area under the jurisdiction of
the Presidio Trust. No discrimination by segregation or other means
in the furnishing of accommodations, facilities, services, or
privileges on the basis of race, creed, color, ancestry, sex, age,
disabling condition or national origin is permitted in the use of
this facility. Violations of this prohibition are punishable by
fine, imprisonment, or both. Complaints of violations of this
prohibition should be addressed to the Executive Director, The
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
(c) The regulations contained in this section apply, regardless of
land ownership, on all lands and waters within the boundaries of the
area administered by the Presidio Trust that are under the legislative
jurisdiction of the United States.
Secs. 1005.10-1005.12 [Reserved]
Sec. 1005.13 Nuisances.
The creation or maintenance of a nuisance upon the federally owned
lands of the area administered by the Presidio Trust or upon any
private lands within the boundaries of the area administered by the
Presidio Trust under the exclusive legislative jurisdiction of the
United States is prohibited.
Sec. 1005.14 Prospecting, mining, and mineral leasing.
Prospecting, mining, and the location of mining claims under the
general mining laws and leasing under the mineral leasing laws are
prohibited in the area administered by the Presidio Trust except as
authorized by law.
[FR Doc. 98-17308 Filed 6-29-98; 8:45 am]
BILLING CODE 4310-4R-U