[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR9268.3]

[Page 937-940]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 9260_LAW ENFORCEMENT_CRIMINAL--Table of Contents
 
                    Subpart 9268_Recreation Programs
 
Sec. 9268.3  Recreation management--procedures.

    (a) Off-road vehicles, use of public lands--(1) Applicability. The 
regulations in this subpart apply to all public lands, roads and trails 
under administration of the Bureau of Land Management.
    (2) Conditions of use--regulations governing use. (i) The operation 
of off-road vehicles is permitted on those areas and trails designated 
as open to off-road vehicle use.
    (ii) 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.
    (iii) The operation of off-road vehicles is prohibited on those 
areas and trails closed to off-road vehicle use.
    (iv) It is prohibited to operate an off-road 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 part 8340 of this title, the regulations in this part are 
minimum standards and are controlling.
    (v) No person may operate an off-road vehicle on public lands 
without a valid State operator's license or learner's permit. Exceptions 
are:
    (A) A person under the direct supervision of an individual 18 years 
of age or older who has a valid operator's license and who is 
responsible for the acts of the person supervised.
    (B) A person certified by State government as competent to drive 
off-road vehicles after successfully completing a State approved 
operator's training program.
    (C) Operation of an off-road vehicle in areas of Alaska designated 
by the Bureau's State Director for Alaska.
    (vi) Any person supervising a nonlicensed driver shall be 
responsible for the operation of the vehicle and shall be responsible 
for the actions of the driver.
    (vii) No person shall operate an off-road vehicle on public lands:
    (A) In a reckless, careless, or negligent manner;
    (B) In excess of established speed limits;
    (C) While under the influence of alcohol, narcotics, or dangerous 
drugs;
    (D) 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
    (E) During night hours, from a half-hour after sunset to a half-hour 
before sunrise, without lighted headlights and taillights.
    (viii) Drivers of off-road vehicles shall yield the right-of-way to 
pedestrians, saddle horses, pack trains, and animal-drawn vehicles.
    (ix) Any person who operates an off-road vehicle on public lands 
must comply with the regulations in part 8340 and Sec. 8341.2 of this 
title as applicable,

[[Page 938]]

while operating such vehicle on public lands.
    (3) Vehicle operations--standards. (i) No off-road vehicle may be 
operated on public lands unless equipped with brakes in good working 
condition.
    (ii) No off-road vehicle equipped with a muffler cutout, bypass, or 
similar device, or producing excessive noise exceeding Environmental 
Protection Agency standards, when established, may be operated on public 
lands.
    (iii) By posting appropriate signs or by marking a map which shall 
be available for public inspection at local Bureau offices, the 
authorized officer may indicate those public lands upon which no off-
road vehicle may be operated unless equipped with a properly installed 
spark arrester. The spark arrester must meet either the U.S. Department 
of Agriculture--Forest Service Standard 5100-1a, or the 80 percent 
efficiency level standard when determined by the appropriate Society of 
Automotive Engineers (SAE) Recommended Practices J335 or J350. These 
standards include, among others, the requirements that:
    (A) The spark arrester shall have an efficiency to retain or destroy 
at least 80 percent of carbon particles for all flow rates, and
    (B) The spark arrester has been warranted by its manufacturer as 
meeting this efficiency requirement for at least 1,000 hours subject to 
normal use, with maintenance and mounting in accordance with the 
manufacturer's recommendation. A spark arrester is not required when an 
off-road vehicle is being operated in an area which has 3 or more inches 
of snow on the ground.
    (iv) Vehicles operating during night hours, from a half-hour after 
sunset to a half-hour before sunrise, shall comply with the following:
    (A) Headlights shall be of sufficient power to illuminate an object 
at 300 feet at night under normal, clear atmospheric conditions. Two- or 
three-wheeled vehicles or single-tracked vehicles will have a minimum of 
one headlight. Vehicles having four or more wheels or more than a single 
track will have a minimum of two headlights, except double tracked 
snowmachines with a maximum capacity of two people may have only one 
headlight.
    (B) Red taillights, capable of being seen at a distance of 500 feet 
from the rear at night under normal, clear atmospheric conditions, are 
required on vehicles in the same numbers as headlights.
    (4) Penalties. Any person who violates or fails to comply with the 
regulations of Sec. 9268.3 of this title 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.
    (b) Management areas. [Reserved]
    (c) Operations--Rules of conduct--(1) Developed sites and areas. The 
following rules are adopted to protect public property and to conserve 
the resources in developed recreation sites for public use and 
enjoyment. The user shall not:
    (i) Intentionally or wantonly destroy, deface or remove any natural 
feature or plant;
    (ii) Intentionally or wantonly destroy, injure, deface, remove, or 
disturb in any manner any public building, sign, equipment, marker, or 
other structure or property.
    (2) Undeveloped sites and areas--prohibited activities. In the use 
of lands for public outdoor recreation purposes, no one shall:
    (i) Intentionally or wantonly destroy, deface, injure, sign, remove 
or disturb any public building, sign, equipment, marker, or other public 
property;
    (ii) Harvest or remove any vegetative or mineral resources or object 
of antiquity, historic, or scientific interest unless such removal is in 
accordance with part 3 or Sec. 8363.2-1 of this title, or is otherwise 
authorized by law;
    (iii) Appropriate, mutilate, deface, or destroy any natural feature, 
object of natural beauty, antiquity, or other public or private 
property;
    (iv) Dig, remove, or destroy any tree or shrub;
    (v) Gather or collect renewable or nonrenewable resources for the 
purpose of sale or barter unless specifically permitted or authorized by 
law;
    (vi) Drive or operate motorized vehicles or otherwise conduct 
himself in a manner that may result in unnecessary frightening or 
chasing of people or domestic livestock and wildlife;

[[Page 939]]

    (vii) Use motorized mechanical devices or explosives for digging, 
scraping, or trenching for purposes of collecting.
    (3) Penalties. Any person who knowingly and willfully violates any 
rule of conduct described in Sec. 9268.3(c) (1) and (2) of this title 
shall be fined not more than $1,000 or imprisoned for not more than 12 
months, or both.
    (d) Operations--closures--(1) Closure of lands. In the management of 
lands to protect the public and assure proper resource utilization, 
conservation, and protection, public use and travel may be temporarily 
restricted. For instance, areas may be closed during a period of high 
fire danger or unsafe conditions, or where use will interfere with or 
delay mineral development, timber and livestock operations, or other 
authorized use of the lands. Areas may also be closed temporarily to:
    (i) Protect the public health and safety;
    (ii) Prevent excessive erosion;
    (iii) Prevent unnecessary destruction of plant life and wildlife 
habitat;
    (iv) Protect the natural environment;
    (v) Preserve areas having cultural or historical value; or
    (vi) Protect scientific studies or preserve scientific values.
    (2) Penalties. Any person who knowingly and willfully violates any 
closure order issued under Sec. 9268.3(c)(2) of this title shall be 
fined not more than $1,000 or imprisoned for not more than 12 months, or 
both.
    (e) Use authorization--(1) Rules for visitor uses, other than on 
developed recreation sites--enforcement. Failure to pay any fee or 
failure to obtain a permit required by part 2930 of this chapter or 
operating with a suspended permit shall be punishable pursuant to the 
Federal Land Policy and Management Act of 1976, the Land and Water 
Conservation Fund Act, as amended, the Wild and Scenic Rivers Act, the 
National Trails Act, the Sikes Act, and other laws when applicable [see 
Sec. 9268.3(e)(2)].
    (2) Penalties. (i) Section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733) provides: any person who 
knowingly and willfully violates any such regulation which is lawfully 
issued under this Act shall be fined no more than $1,000 or imprisoned 
no more than twelve months, or both. Any person charged with a violation 
of such regulation may be tried and sentenced by any United States 
magistrate designated for that purpose by the court by which he was 
appointed, in the same manner and subject to the same conditions and 
limitations as provided for in section 3401 of Title 18 of the United 
States Code.
    (ii) Section 2, Land and Water Conservation Fund Act of 1964 (16 
U.S.C. 460l-6a), provides that any person violating the rules and 
regulations issued under section 4601-6e of title 16 U.S.C. shall be 
punishable by a fine of not more than $100.

Any person so arrested may be tried and sentenced by any United States 
magistrate specifically designated for that purpose by the court by 
which he was appointed, in the same manner and subject to the same 
conditions as provided for in title 18 U.S.C., section 3401, subsections 
(b), (c), (d), and (e), as amended.
    (iii) Section 204(a) of the Sikes Act of 1974 (16 U.S.C. 670g-n), 
provides that:
    (A) Any person who hunts, traps, or fishes on any public land which 
is subject to a conservation and rehabilitation program implemented 
under this Act without having on his person a valid public land 
management area stamp, if the possession of such a stamp is required, 
shall be fined not more than $1,000, or imprisoned for not more than 6 
months, or both.
    (B) Any person who knowingly violates or fails to comply with any 
regulations prescribed under section 670h(c)(5) of title 16 U.S.C. shall 
be fined not more than $500, or imprisoned not more than six months, or 
both.
    (iv) Section 7 of the National Trails Act of 1968 (16 U.S.C. 1241-
1249), provides: Any person who violates such regulations issued under 
section 1246 (i) of title 16 U.S.C., and deemed necessary by the 
Secretary of the Interior, shall be guilty of a misdemeanor, and may be 
punished by a fine of not more than $500, or by imprisonment not 
exceeding

[[Page 940]]

6 months, or by both such fine and imprisonment.

[45 FR 31276, May 12, 1980, as amended at 46 FR 46810, Sept. 22, 1981; 
67 FR 61745, Oct. 1, 2002]