[Code of Federal Regulations]

[Title 36, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR2.60]



[Page 31]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

 

PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents

 

Sec. 2.60  Livestock use and agriculture.



    (a) The running-at-large, herding, driving across, allowing on, 

pasturing or grazing of livestock of any kind in a park area or the use 

of a park 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 in a park 

area may be impounded by the superintendent 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 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 

commerical 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.