[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1001.5]

[Page 212-213]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                        CHAPTER X--PRESIDIO TRUST
 
PART 1001--GENERAL PROVISIONS--Table of Contents
 
Sec. 1001.5  Closures and public use limits.

    (a) Consistent with applicable legislation and Federal 
administrative policies, and based upon a determination that such action 
is necessary for the maintenance of public health and safety, protection 
of environmental or scenic values, protection of natural or cultural 
resources, aid to scientific research, implementation of management 
responsibilities, equitable allocation and use of facilities, or the 
avoidance of conflict among visitor use activities, the Board may:
    (1) Establish, for all or a portion of the area administered by the 
Presidio Trust, a reasonable schedule of visiting hours, impose public 
use limits, or close all or a portion of the area administered by the 
Presidio Trust to all public use or to a specific use or activity.
    (2) Designate areas for a specific use or activity, or impose 
conditions or restrictions on a use or activity.
    (3) Terminate a restriction, limit, closure, designation, condition, 
or visiting hour restriction imposed under paragraph (a)(1) or (2) of 
this section.
    (b) Except in emergency situations, a closure, designation, use or 
activity restriction or condition, or the termination or relaxation of 
such, which is of a nature, magnitude and duration that will result in a 
significant alteration in the public use pattern of the area 
administered by the Presidio Trust, adversely affect the natural, 
aesthetic, scenic or cultural values of the area administered by the 
Presidio Trust, require a long-term or significant modification in the 
resource management objectives of the area administered by the Presidio 
Trust, or is of a highly controversial nature, shall be published as 
rulemaking in the Federal Register.
    (c) Except in emergency situations, prior to implementing or 
terminating a restriction, condition, public use limit or closure, the 
Board shall prepare a written determination justifying the action. That 
determination shall set forth the reason(s) the restriction, condition, 
public use limit or closure authorized by paragraph (a) of this section 
has been established, and an explanation of why less restrictive 
measures will not suffice, or in the case of a termination of a 
restriction, condition, public use limit or closure previously 
established under paragraph (a) of this section, a determination as to 
why the restriction is no longer necessary and a finding that the 
termination will not adversely impact resources of the area administered 
by the Presidio Trust. This determination shall be available to the 
public upon request.
    (d) To implement a public use limit, the Board may establish a 
permit, registration, or reservation system. Permits shall be issued in 
accordance with the criteria and procedures of Sec. 1001.6.
    (e) Except in emergency situations, the public will be informed of 
closures, designations, and use or activity restrictions or conditions, 
visiting hours, public use limits, public use limit procedures, and the 
termination or relaxation of such, in accordance with Sec. 1001.7.
    (f) Violating a closure, designation, use or activity restriction or 
condition,

[[Page 213]]

schedule of visiting hours, or public use limit is prohibited.