[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]]

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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.

-----------------------------------------------------------------------

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             
------------------------------------------------------------------------
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.           
------------------------------------------------------------------------

    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

[[Page 35697]]

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.

[[Page 35698]]

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