35694 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

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
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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:

References in the NPS regulations to the following terms Have been changed in these regulations to the following terms

National Park Service or U.S. Department of the Interior ........................ Presidio Trust.

Park, unit of the National Park System, or park area .............................. Area administered by the 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 managed or was established (or

similar language).

The purposes of the Presidio Trust Act.

General management plans or resource management plans .................. Policies of the Presidio Trust.

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 § 1002.17(g). Section

7.97(c) concerns use of bicycles and has

been included in Part 1004 of these

regulations as § 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

§ 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
35696 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

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,

§ § 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

§ 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,

§ 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 § 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 § 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 § 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 § 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

§ 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

§ § 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 § 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
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 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 § 4.10(a),

§ 4.10(b) or § 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 PassengerCarrying 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 § 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, SequoiaKings 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

§ 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.
35698 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

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).

§ 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.

§ 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.

§ 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.

§ 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 fangenerated 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 mobilityimpaired 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 selfpropelled wheeled device, designed

solely for and used by a mobilityimpaired 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
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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 maintraveled 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.

§ 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
35700 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

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

§ 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

§ 1001.7.

(f) Violating a closure, designation,

use or activity restriction or condition,

schedule of visiting hours, or public use

limit is prohibited.

§ 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 § 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.

§ 1001.7 Public notice.

(a) Whenever the authority of

§ 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.

§ 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.

§ 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.
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 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).

§ 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 § § 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 § 1002.2 or § 1002.3.

§ 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.

§ 1002.3 Fishing.

Fishing is prohibited within the area

administered by the Presidio Trust.

§ 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

§ 1002.2;

(B) The taking of fish is authorized by

law in accordance with § 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.
35702 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

(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.

§ 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.

§ 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.

§ 1002.11 Picnicking.

Picnicking is allowed, except in

designated areas closed in accordance

with § 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.

§ 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

§ 1002.50 or § 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.

§ 1002.13 Fires.

(a) The following are prohibited:
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 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.

§ 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.

§ 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.

§ 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.

§ 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.
35704 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

(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.

§ 1002.18 Snowmobiles.

The use of snowmobiles is prohibited.

§ 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.

§ 1002.20 Skating, skateboards and similar

devices.

Using roller skates, skateboards, roller

skis, coasting vehicles, or similar

devices is prohibited, except in

designated areas.

§ 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.

§ 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.

§ 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.

§ 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
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 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.

§ 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.

§ 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.

§ 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 § 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.

§ 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.

§ 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 § § 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

§ 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
35706 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

area administered by the Presidio Trust,

is prohibited.

§ 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.

§ 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

§ 1002.50, § 1002.51 or § 1002.52.

§ 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.

§ 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 coinsured 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.

§ 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
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 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.

§ 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.

§ 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
35708 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

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.

§ 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.

§ 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.

§ 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).

§ 1004.1 Applicability and scope.

The applicability of the regulations in

this part is described in § 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.
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§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 § 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.

§ 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.
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(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.

§ 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 §§ 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 nondeveloped 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 §§ 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.

§ 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).

§ 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.

§ 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 § 1002.35 of

this chapter.)

§ 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.

§ 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.

§ 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
Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 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 llllllllllllllllll

To the Executive Director of the Presidio

Trust:

Permission is requested to make, in the

area administered by the Presidio Trust, a

lllllllllllllllllllll

The scope of the filming (or production or

recording) and the manner and extent thereof

will be as follows:

lllllllllllllllllllll

lllllllllllllllllllll

Weather conditions permitting, work will

commence on approximately lllllll

and will be completed on approximately

lllllll. (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.

lllllllllllllllllllll

(Applicant)

For lllllllllllllllllll

(Company)

Bond Requirement $ lllllllllll

Approved:

lllllllllllllllllllll

(Date)

lllllllllllllllllllll

(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.

§ 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.

§ 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.

§ 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.

§ 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
35712 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

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.

§§ 1005.10–1005.12 [Reserved]

§ 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.

§ 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