[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR212.1]

[Page 14-16]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 212_TRAVEL MANAGEMENT--Table of Contents
 
      Subpart A_Administration of the Forest Transportation System
 
Sec.  212.1  Definitions.




      Subpart A_Administration of the Forest Transportation System

Sec.  
212.1 Definitions.
212.2 Forest development transportation program.
212.3 Cooperative work.
212.4 Construction and maintenance.
212.5 Road system management.
212.6 Ingress and egress.
212.7 Access procurement by the United States.
212.8 Permission to cross lands and easements owned by the United States 
          and administered by the Forest Service.
212.9 Principles for sharing use of roads.

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212.10 Maximum economy National Forest System roads.
212.11-212.19 [Reserved]
212.20 [Reserved]
212.21 Pacific Crest National Scenic Trail.

 Subpart B_Designation of Roads, Trails, and Areas for Motor Vehicle Use

212.50 Purpose, scope, and definitions.
212.51 Designation of roads, trails, and areas.
212.52 Public involvement.
212.53 Coordination with Federal, State, county, and other local 
          governmental entities and tribal governments.
212.54 Revision of designations.
212.55 Criteria for designation of roads, trails, and areas.
212.56 Identification of designated roads, trails, and areas.
212.57 Monitoring of effects of motor vehicle use on designated roads 
          and trails and in designated areas.

                   Subpart C_Use by Over-Snow Vehicles

212.80 Purpose, scope, and definitions.
212.81 Use by over-snow vehicles.


    Authority: 16 U.S.C. 551, 23 U.S.C. 205.


    For the purpose of this part the following terms, respectively, 
shall mean:
    Administrative unit. A National Forest, a National Grassland, a 
purchase unit, a land utilization project, Columbia River Gorge National 
Scenic Area, Land Between the Lakes, Lake Tahoe Basin Management Unit, 
Midewin National Tallgrass Prairie, or other comparable unit of the 
National Forest System.
    Area. A discrete, specifically delineated space that is smaller, and 
in most cases much smaller, than a Ranger District.
    Chief. The Chief, Forest Service, Department of Agriculture.
    Construction engineering. All work and expense of setting out, 
controlling, inspecting, and measuring the construction or 
reconstruction of a forest transportation facility including:
    (1) Construction surveys to establish line and grade for the work, 
to control the work, and to measure quantities;
    (2) Redesigning, adjusting, and changing the plans, specifications, 
and materials to meet conditions;
    (3) Inspecting, directing, and controlling operations for compliance 
with plans and specifications;
    (4) Inspecting, testing, and accepting materials and equipment to be 
installed in the work; and
    (5) Inspecting, measuring, and accepting completed work.
    Designated road, trail, or area. A National Forest System road, a 
National Forest System trail, or an area on National Forest System lands 
that is designated for motor vehicle use pursuant to Sec.  212.51 on a 
motor vehicle use map.
    Federal airport funds. Discretionary funds available for airfields 
in National Forests under section 6(b)(3) of the Act of May 13, 1946 (60 
Stat. 173), as amended; 49 U.S.C. 1105(b)(3).
    Forest road and trail funds. Funds authorized or appropriated for 
the purpose of carrying out the provisions of section 205 of the Act of 
August 27, 1958 (72 Stat. 907), as amended; 23 U.S.C. 205.
    Forest road or trail. A road or trail wholly or partly within or 
adjacent to and serving the National Forest System that the Forest 
Service determines is necessary for the protection, administration, and 
utilization of the National Forest System and the use and development of 
its resources.
    Forest transportation atlas. A display of the system of roads, 
trails, and airfields of an administrative unit.
    Forest transportation facility. A forest road or trail or an 
airfield that is displayed in a forest transportation atlas, including 
bridges, culverts, parking lots, marine access facilities, safety 
devices, and other improvements appurtenant to the forest transportation 
system.
    Forest transportation system. The system of National Forest System 
roads, National Forest System trails, and airfields on National Forest 
System lands.
    Maintenance. The upkeep of the entire forest transportation facility 
including surface and shoulders, parking and side areas, structures, and 
such traffic-control devices as are necessary for its safe and efficient 
utilization.
    Motor vehicle. Any vehicle which is self-propelled, other than:
    (1) A vehicle operated on rails; and

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    (2) Any wheelchair or mobility device, including one that is 
battery-powered, that is designed solely for use by a mobility-impaired 
person for locomotion, and that is suitable for use in an indoor 
pedestrian area.
    Motor vehicle use map. A map reflecting designated roads, trails, 
and areas on an administrative unit or a Ranger District of the National 
Forest System.
    National Forest System. As defined in the Forest Rangeland Renewable 
Resources Planning Act, the ``National Forest System'' includes all 
National Forest lands reserved or withdrawn from the public domain of 
the United States, all National Forest lands acquired through purchase, 
exchange, donation, or other means, the National Grasslands and land 
utilization projects administered under title III of the Bankhead-Jones 
Farm Tennant Act (50 Stat. 525, 7 U.S.C. 1010-1012), and other lands, 
waters or interests therein which are administered by the Forest Service 
or are designated for administration through the Forest Service as a 
part of the system.
    National Forest System road. A forest road other than a road which 
has been authorized by a legally documented right-of-way held by a 
State, county, or other local public road authority.
    National Forest System trail. A forest trail other than a trail 
which has been authorized by a legally documented right-of-way held by a 
State, county, or other local public road authority.
    Off-highway vehicle. Any motor vehicle designed for or capable of 
cross-country travel on or immediately over land, water, sand, snow, 
ice, marsh, swampland, or other natural terrain.
    Over-snow vehicle. A motor vehicle that is designed for use over 
snow and that runs on a track or tracks and/or a ski or skis, while in 
use over snow.
    Preconstruction engineering. All work and expense of preparing for 
construction or reconstruction of a forest transportation facility 
including:
    (1) Engineering and economic investigations, studies, and reports;
    (2) Reconnaissance surveys;
    (3) Preliminary surveys;
    (4) Preliminary location surveys;
    (5) Soils, foundations, and materials investigations, surveys, and 
tests;
    (6) Preliminary and final designs;
    (7) Preliminary and final plans, drawings, specifications, and 
estimates of quantities and cost;
    (8) Final location surveys staked on the ground; and
    (9) Rights-of-way surveys, plans, and descriptions.
    Regional forester. A regional forester of the Forest Service.
    Road. A motor vehicle route over 50 inches wide, unless identified 
and managed as a trail.
    Road and trail 10 percent funds. Funds available from the permanent 
appropriation ``Roads and Trails for States'' under the Act of March 4, 
1913 (37 Stat. 843), as amended; 16 U.S.C. 501.
    Road construction or reconstruction. Supervising, inspecting, actual 
building, and incurrence of all costs incidental to the construction or 
reconstruction of a road.
    Road Decommissioning. Activities that result in the stabilization 
and restoration of unneeded roads to a more natural state.
    Temporary road or trail. A road or trail necessary for emergency 
operations or authorized by contract, permit, lease, or other written 
authorization that is not a forest road or trail and that is not 
included in a forest transportation atlas.
    Trail. A route 50 inches or less in width or a route over 50 inches 
wide that is identified and managed as a trail.
    Travel management atlas. An atlas that consists of a forest 
transportation atlas and a motor vehicle use map or maps.
    Unauthorized road or trail. A road or trail that is not a forest 
road or trail or a temporary road or trail and that is not included in a 
forest transportation atlas.

(25 Stat. 357, 26 Stat. 1103, 30 Stat. 35-36, 1233, 38 Stat. 430, 46 
Stat. 1421 64 Stat. 82, 72 Stat. 885, as amended, 74 Stat. 215, 78 Stat. 
1089; 16 U.S.C. 471, 478, 498, 525, 528, 531, 532, 538, 551, 572, 23 
U.S.C. 101, 205, 40 U.S.C. 257, 258a, et seq., 42 Atty. Gen. Op. No. 7, 
Comp. Gen. B-65972, May 19, 1947; 40 Comp. Gen. 372; 41 Comp. Gen. 1; 41 
Comp. Gen. 576, and 42 Comp. Gen. 590)

[30 FR 5476, Apr. 16, 1965, as amended at 66 FR 3216, 3217, Jan. 12, 
2001; 70 FR 68287, Nov. 9, 2005]

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