Click on link below to view actual documents. (Link provided by: Brew)
http://www.access.gpo.gov/nara/cfr/wais ... v2_08.html
Title 43--Public Lands: Interior
Subtitle B--Regulations Relating to Public Lands (Continued)
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR (CONTINUED)
Part
1000-1599 [Reserved]
1600 Planning, programming, budgeting
1780 Cooperative relations
1810 Introduction and general guidance
1820 Application procedures
1840 Appeals procedures
1850 Hearings procedures
1860 Conveyances, disclaimers and correction documents
1870 Adjudication principles and procedures
1880 Financial assistance, local governments
2090 Special laws and rules
2200 Exchanges: General procedures
2300 Land withdrawals
2360 National Petroleum Reserve in Alaska
2370 Restorations and revocations
2400 Land classification
2410 Criteria for all land classifications
2420 Multiple-use management classifications
2430 Disposal classifications
2440 Segregation by classification
2450 Petition-application classification system
2460 Bureau initiated classification system
2470 Postclassification actions
2520 Desert-land entries
2530 Indian allotments
2540 Color-of-title and omitted lands
2560 Alaska occupancy and use
2610 Carey Act grants
2620 State grants
2630 Railroad grants
2640 FAA airport grants
2650 Alaska native selections
2710 Sales: Federal Land Policy and Management Act
2720 Conveyance of federally-owned mineral interests
2740 Recreation and Public Purposes Act
2800 Rights-of-way under the Federal Land Policy Management Act
2810 Tramroads and logging roads
2880 Rights-of-way under the Mineral Leasing Act
2910 Leases
2920 Leases, permits and easements
2930 Permits for recreation on public lands
3000 Minerals management: General
3100 Oil and gas leasing
3110 Noncompetitive leases
3120 Competitive leases
3130 Oil and gas leasing: National Petroleum Reserve, Alaska
3140 Leasing in special tar sand areas
3150 Onshore oil and gas geophysical exploration
3160 Onshore oil and gas operations
3180 Onshore oil and gas unit agreements: Unproven areas
3190 Delegation of authority, cooperative agreements and contracts for oil and gas inspection
3195 Helium contracts
3200 Geothermal resources leasing
3280 Geothermal resources unit agreements: Unproven areas
3400 Coal management: General
3410 Exploration licenses
3420 Competitive leasing
3430 Noncompetitive leases
3440 Licenses to mine
3450 Management of existing leases
3460 Environment
3470 Coal management provisions and limitations
3480 Coal exploration and mining operations rules
3500 Leasing of solid minerals other than coal and oil shale
3580 Special leasing areas
3590 Solid minerals (other than coal) exploration and mining operations
3600 Mineral materials disposal
3620 Free use of petrified wood
3710 Public Law 167; Act of July 23, 1955
3720 [Reserved]
3730 Public Law 359; mining in powersite withdrawals: General
3740 Public Law 585; multiple mineral development
3800 Mining claims under the general mining laws
3810 Lands and minerals subject to location
3820 Areas subject to special mining laws
3830 Locating, recording, and maintaining mining claims or sites; general provisions
3831 Mineral lands available for locating mining claims or sites [Reserved]
3832 Locating mining claims or sites
3833 Recording mining claims and sites
3834 Required fees for mining claims or sites
3835 Waivers from annual maintenance fees
3836 Annual assessment work requirements for mining claims
3837 Acquiring a delinquent co-claimant's interests in a mining claim or site
3838 Special procedures for locating and recording mining claims and tunnel sites on Stockraising Homestead Act (SRHA) lands
3839 Special laws, in addition to FLPMA, that require recording or notice [Reserved]
3860 Mineral patent applications
3870 Adverse claims, protests and conflicts
4100 Grazing administration--exclusive of Alaska
4200 Grazing administration; Alaska; livestock
4300 Grazing administration; Alaska; reindeer; general
4600 Leases of grazing land--Pierce Act
4700 Protection, management, and control of wild free-roaming horses and burros
5000 Administration of forest management decisions
5040 Sustained-yield forest units
5400 Sales of forest products; general
5410 Annual timber sale plan
5420 Preparation for sale
5430 Advertisement
5440 Conduct of sales
5450 Award of contract
5460 Sales administration
5470 Contract modification--extension--assignment
5500 Nonsale disposals; general
5510 Free use of timber
6300 Management of designated wilderness areas
8200 Procedures
8340 Off-road vehicles
8350 Management areas
8360 Visitor services
9180 Cadastral survey
9210 Fire management
9230 Trespass
9260 Law enforcement--criminal
CHAPTER III--UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION
10000 Organization and functions
10005 Policies and procedures for developing and implementing the Commission's mitigation and conservation plan
10010 Policies and procedures for implementing the National Enviromental Policy Act
--------------------------------------------------------------------- -----------
[BACK ]
Subtitle B--Regulations Relating to Public Lands
-
Jim Hatt
Post subject: Off Road Vehicle - Use on Puplic L
Off Road Vehicle - Use on Public Land
946 § 8340.0–7 43 CFR Ch. II (10–1–08 Edition)
(a) Off-road vehicle means any motorized
vehicle capable of, or designed for,
travel on or immediately over land,
water, or other natural terrain, excluding:
(1) Any nonamphibious registered
motorboat;
(2) Any military, fire, emergency, or
law enforcement vehicle while being
used for emergency purposes;
(3) Any vehicle whose use is expressly
authorized by the authorized officer, or
otherwise officially approved;
(4) Vehicles in official use; and
(5) Any combat or combat support vehicle
when used in times of national
defense emergencies.
(b) Public lands means any lands the
surface of which is administered by the
Bureau of Land Management.
(c) Bureau means the Bureau of Land
Management.
(d) Official use means use by an employee,
agent, or designated representative
of the Federal Government or one
of its contractors, in the course of his
employment, agency, or representation.
(e) Planning system means the approach
provided in Bureau regulations,
directives and manuals to formulate
multiple use plans for the public lands.
This approach provides for public participation
within the system.
(f) Open area means an area where all
types of vehicle use is permitted at all
times, anywhere in the area subject to
the operating regulations and vehicle
standards set forth in subparts 8341 and
8342 of this title.
(g) Limited area means an area restricted
at certain times, in certain
areas, and/or to certain vehicular use.
These restrictions may be of any type,
but can generally be accommodated
within the following type of categories:
Numbers of vehicles; types of vehicles;
time or season of vehicle use; permitted
or licensed use only; use on existing
roads and trails; use on designated
roads and trails; and other restrictions.
(h) Closed area means an area where
off-road vehicle use is prohibited. Use
of off-road vehicles in closed areas may
be allowed for certain reasons; however,
such use shall be made only with
the approval of the authorized officer.
(i) Spark arrester is any device which
traps or destroys 80 percent or more of
the exhaust particles to which it is
subjected.
[44 FR 34836, June 15, 1979, as amended at 53
FR 31003, Aug. 17, 1988]
§ 8340.0–7 Penalties.
Any person who violates or fails to
comply with the regulations of subparts
8341 and 8343 is subject to arrest,
conviction, and punishment pursuant
to appropriate laws and regulations.
Such punishment may be a fine of not
more than $1,000 or imprisonment for
not longer than 12 months, or both.
§ 8340.0–8 Applicability.
The regulations in this part apply to
all public lands, roads, and trails under
administration of the Bureau.
Subpart 8341—Conditions of Use
§ 8341.1 Regulations governing use.
(a) The operation of off-road vehicles
is permitted on those areas and trails
designated as open to off-road vehicle
use.
(b) Any person operating an off-road
vehicle on those areas and trails designated
as limited shall conform to all
terms and conditions of the applicable
designation orders.
(c) The operation of off-road vehicles
is prohibited on those areas and trails
closed to off-road vehicle use.
(d) It is prohibited to operate an offroad
vehicle in violation of State laws
and regulations relating to use, standards,
registration, operation, and inspection
of off-road vehicles. To the extent
that State laws and regulations do
not exist or are less stringent than the
regulations in this part, the regulations
in this part are minimum standards
and are controlling.
(e) No person may operate an off-road
vehicle on public lands without a valid
State operator’s license or learner’s
permit where required by State or Federal
law.
(f) No person shall operate an offroad
vehicle on public lands:
(1) In a reckless, careless, or negligent
manner;
(2) In excess of established speed limits;
VerDate Aug<31>2005 13:59 Oct 30, 2008 Jkt 214182 PO 00000 Frm 00956 Fmt 8010 Sfmt 8010 Y:\SGML\214182.XXX 214182 ebenthall on PROD1PC60 with CFR
947
Bureau of Land Management, Interior § 8342.2
(3) While under the influence of alcohol,
narcotics, or dangerous drugs;
(4) In a manner causing, or likely to
cause significant, undue damage to or
disturbance of the soil, wildlife, wildlife
habitat, improvements, cultural, or
vegetative resources or other authorized
uses of the public lands; and
(5) During night hours, from a halfhour
after sunset to a half-hour before
sunrise, without lighted headlights and
taillights.
(g) Drivers of off-road vehicles shall
yield the right-of-way to pedestrians,
saddle horses, pack trains, and animaldrawn
vehicles.
(h) Any person who operates an offroad
vehicle on public lands must comply
with the regulations in this part,
and in § 8341.2 as applicable, while operating
such vehicle on public lands.
[44 FR 34836, June 15, 1979, as amended at 45
FR 47843, July 17, 1980]
§ 8341.2 Special rules.
(a) Notwithstanding the consultation
provisions in § 8342.2(a), where the authorized
officer determines that offroad
vehicles are causing or will cause
considerable adverse effects upon soil,
vegetation, wildlife, wildlife habitat,
cultural resources, historical resources,
threatened or endangered species,
wilderness suitability, other authorized
uses, or other resources, the
authorized officer shall immediately
close the areas affected to the type(s)
of vehicle causing the adverse effect
until the adverse effects are eliminated
and measures implemented to prevent
recurrence. Such closures will not prevent
designation in accordance with
procedures in subpart 8342 of this part,
but these lands shall not be opened to
the type(s) of off-road vehicle to which
it was closed unless the authorized officer
determines that the adverse effects
have been eliminated and measures implemented
to prevent recurrence.
(b) Each State director is authorized
to close portions of the public lands to
use by off-road vehicles, except those
areas or trails which are suitable and
specifically designated as open to such
use pursuant to subpart 8342 of this
part.
[44 FR 34836, June 15, 1979, as amended at 53
FR 31003, Aug. 17, 1988]
Subpart 8342—Designation of
Areas and Trails
§ 8342.1 Designation criteria.
The authorized officer shall designate
all public lands as either open, limited,
or closed to off-road vehicles. All designations
shall be based on the protection
of the resources of the public
lands, the promotion of the safety of
all the users of the public lands, and
the minimization of conflicts among
various uses of the public lands; and in
accordance with the following criteria:
(a) Areas and trails shall be located
to minimize damage to soil, watershed,
vegetation, air, or other resources of
the public lands, and to prevent impairment
of wilderness suitability.
(b) Areas and trails shall be located
to minimize harassment of wildlife or
significant disruption of wildlife habitats.
Special attention will be given to
protect endangered or threatened species
and their habitats.
(c) Areas and trails shall be located
to minimize conflicts between off-road
vehicle use and other existing or proposed
recreational uses of the same or
neighboring public lands, and to ensure
the compatibility of such uses with existing
conditions in populated areas,
taking into account noise and other
factors.
(d) Areas and trails shall not be located
in officially designated wilderness
areas or primitive areas. Areas
and trails shall be located in natural
areas only if the authorized officer determines
that off-road vehicle use in
such locations will not adversely affect
their natural, esthetic, scenic, or other
values for which such areas are established.
§ 8342.2 Designation procedures.
(a) Public participation. The designation
and redesignation of trails is accomplished
through the resource management
planning process described in
part 1600 of this title. Current and potential
impacts of specific vehicle
types on all resources and uses in the
planning area shall be considered in
the process of preparing resource management
plans, plan revisions, or plan
amendments. Prior to making designations
or redesignations, the authorized
officer shall consult with interested
VerDate Aug<31>2005 13:59 Oct 30, 2008 Jkt 214182 PO 00000 Frm 00957 Fmt 8010 Sfmt 8010 Y:\SGML\214182.XXX 214182 ebenthall on PROD1PC60 with CFR
946 § 8340.0–7 43 CFR Ch. II (10–1–08 Edition)
(a) Off-road vehicle means any motorized
vehicle capable of, or designed for,
travel on or immediately over land,
water, or other natural terrain, excluding:
(1) Any nonamphibious registered
motorboat;
(2) Any military, fire, emergency, or
law enforcement vehicle while being
used for emergency purposes;
(3) Any vehicle whose use is expressly
authorized by the authorized officer, or
otherwise officially approved;
(4) Vehicles in official use; and
(5) Any combat or combat support vehicle
when used in times of national
defense emergencies.
(b) Public lands means any lands the
surface of which is administered by the
Bureau of Land Management.
(c) Bureau means the Bureau of Land
Management.
(d) Official use means use by an employee,
agent, or designated representative
of the Federal Government or one
of its contractors, in the course of his
employment, agency, or representation.
(e) Planning system means the approach
provided in Bureau regulations,
directives and manuals to formulate
multiple use plans for the public lands.
This approach provides for public participation
within the system.
(f) Open area means an area where all
types of vehicle use is permitted at all
times, anywhere in the area subject to
the operating regulations and vehicle
standards set forth in subparts 8341 and
8342 of this title.
(g) Limited area means an area restricted
at certain times, in certain
areas, and/or to certain vehicular use.
These restrictions may be of any type,
but can generally be accommodated
within the following type of categories:
Numbers of vehicles; types of vehicles;
time or season of vehicle use; permitted
or licensed use only; use on existing
roads and trails; use on designated
roads and trails; and other restrictions.
(h) Closed area means an area where
off-road vehicle use is prohibited. Use
of off-road vehicles in closed areas may
be allowed for certain reasons; however,
such use shall be made only with
the approval of the authorized officer.
(i) Spark arrester is any device which
traps or destroys 80 percent or more of
the exhaust particles to which it is
subjected.
[44 FR 34836, June 15, 1979, as amended at 53
FR 31003, Aug. 17, 1988]
§ 8340.0–7 Penalties.
Any person who violates or fails to
comply with the regulations of subparts
8341 and 8343 is subject to arrest,
conviction, and punishment pursuant
to appropriate laws and regulations.
Such punishment may be a fine of not
more than $1,000 or imprisonment for
not longer than 12 months, or both.
§ 8340.0–8 Applicability.
The regulations in this part apply to
all public lands, roads, and trails under
administration of the Bureau.
Subpart 8341—Conditions of Use
§ 8341.1 Regulations governing use.
(a) The operation of off-road vehicles
is permitted on those areas and trails
designated as open to off-road vehicle
use.
(b) Any person operating an off-road
vehicle on those areas and trails designated
as limited shall conform to all
terms and conditions of the applicable
designation orders.
(c) The operation of off-road vehicles
is prohibited on those areas and trails
closed to off-road vehicle use.
(d) It is prohibited to operate an offroad
vehicle in violation of State laws
and regulations relating to use, standards,
registration, operation, and inspection
of off-road vehicles. To the extent
that State laws and regulations do
not exist or are less stringent than the
regulations in this part, the regulations
in this part are minimum standards
and are controlling.
(e) No person may operate an off-road
vehicle on public lands without a valid
State operator’s license or learner’s
permit where required by State or Federal
law.
(f) No person shall operate an offroad
vehicle on public lands:
(1) In a reckless, careless, or negligent
manner;
(2) In excess of established speed limits;
VerDate Aug<31>2005 13:59 Oct 30, 2008 Jkt 214182 PO 00000 Frm 00956 Fmt 8010 Sfmt 8010 Y:\SGML\214182.XXX 214182 ebenthall on PROD1PC60 with CFR
947
Bureau of Land Management, Interior § 8342.2
(3) While under the influence of alcohol,
narcotics, or dangerous drugs;
(4) In a manner causing, or likely to
cause significant, undue damage to or
disturbance of the soil, wildlife, wildlife
habitat, improvements, cultural, or
vegetative resources or other authorized
uses of the public lands; and
(5) During night hours, from a halfhour
after sunset to a half-hour before
sunrise, without lighted headlights and
taillights.
(g) Drivers of off-road vehicles shall
yield the right-of-way to pedestrians,
saddle horses, pack trains, and animaldrawn
vehicles.
(h) Any person who operates an offroad
vehicle on public lands must comply
with the regulations in this part,
and in § 8341.2 as applicable, while operating
such vehicle on public lands.
[44 FR 34836, June 15, 1979, as amended at 45
FR 47843, July 17, 1980]
§ 8341.2 Special rules.
(a) Notwithstanding the consultation
provisions in § 8342.2(a), where the authorized
officer determines that offroad
vehicles are causing or will cause
considerable adverse effects upon soil,
vegetation, wildlife, wildlife habitat,
cultural resources, historical resources,
threatened or endangered species,
wilderness suitability, other authorized
uses, or other resources, the
authorized officer shall immediately
close the areas affected to the type(s)
of vehicle causing the adverse effect
until the adverse effects are eliminated
and measures implemented to prevent
recurrence. Such closures will not prevent
designation in accordance with
procedures in subpart 8342 of this part,
but these lands shall not be opened to
the type(s) of off-road vehicle to which
it was closed unless the authorized officer
determines that the adverse effects
have been eliminated and measures implemented
to prevent recurrence.
(b) Each State director is authorized
to close portions of the public lands to
use by off-road vehicles, except those
areas or trails which are suitable and
specifically designated as open to such
use pursuant to subpart 8342 of this
part.
[44 FR 34836, June 15, 1979, as amended at 53
FR 31003, Aug. 17, 1988]
Subpart 8342—Designation of
Areas and Trails
§ 8342.1 Designation criteria.
The authorized officer shall designate
all public lands as either open, limited,
or closed to off-road vehicles. All designations
shall be based on the protection
of the resources of the public
lands, the promotion of the safety of
all the users of the public lands, and
the minimization of conflicts among
various uses of the public lands; and in
accordance with the following criteria:
(a) Areas and trails shall be located
to minimize damage to soil, watershed,
vegetation, air, or other resources of
the public lands, and to prevent impairment
of wilderness suitability.
(b) Areas and trails shall be located
to minimize harassment of wildlife or
significant disruption of wildlife habitats.
Special attention will be given to
protect endangered or threatened species
and their habitats.
(c) Areas and trails shall be located
to minimize conflicts between off-road
vehicle use and other existing or proposed
recreational uses of the same or
neighboring public lands, and to ensure
the compatibility of such uses with existing
conditions in populated areas,
taking into account noise and other
factors.
(d) Areas and trails shall not be located
in officially designated wilderness
areas or primitive areas. Areas
and trails shall be located in natural
areas only if the authorized officer determines
that off-road vehicle use in
such locations will not adversely affect
their natural, esthetic, scenic, or other
values for which such areas are established.
§ 8342.2 Designation procedures.
(a) Public participation. The designation
and redesignation of trails is accomplished
through the resource management
planning process described in
part 1600 of this title. Current and potential
impacts of specific vehicle
types on all resources and uses in the
planning area shall be considered in
the process of preparing resource management
plans, plan revisions, or plan
amendments. Prior to making designations
or redesignations, the authorized
officer shall consult with interested
VerDate Aug<31>2005 13:59 Oct 30, 2008 Jkt 214182 PO 00000 Frm 00957 Fmt 8010 Sfmt 8010 Y:\SGML\214182.XXX 214182 ebenthall on PROD1PC60 with CFR