PART 212—TRAVEL MANAGEMENT Subpart A—Administration of the Forest Transportation System Authority: 16 U.S.C. 551, 23 U.S.C. 205. § 212.1 Definitions. For the purpose of this part the following terms, respectively, shall mean: Administrative unit. Area. Chief. Construction engineering. (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. Designation of over-snow vehicle use. Federal airport funds. Forest road and trail funds. Forest road or trail. Forest transportation atlas. Forest transportation facility. Forest transportation system. Maintenance. Motor vehicle. (1) A vehicle operated on rails; and (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. National Forest System. National Forest System road. National Forest System trail. Off-highway vehicle. Over-snow vehicle. Over-snow vehicle use map. Preconstruction engineering. (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. Road. Road and trail 10 percent funds. Road construction or reconstruction. Road Decommissioning. Temporary road or trail. Trail. Travel management atlas. Unauthorized road or trail. (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., [30 FR 5476, Apr. 16, 1965, as amended at 66 FR 3216, 3217, Jan. 12, 2001; 70 FR 68287, Nov. 9, 2005; 80 FR 4511, Jan. 28, 2015] § 212.2 Forest transportation program. (a) Travel management atlas. (b) Forest transportation atlas. (c) Program of work for the forest transportation system. [62 FR 58654, Oct. 30, 1997, as amended at 66 FR 3216, 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005; 73 FR 74613, Dec. 9, 2008] § 212.3 Cooperative work. (a) Cooperative agreements for all projects which involve financial contributions from cooperators shall be negotiated, approved, and executed in accordance with procedures prescribed by the Chief. (b) Cooperative funds contributed in advance shall be deposited in the United States Treasury to the credit of the Forest Service Cooperative Fund authorized by the Act of June 30, 1914 (38 Stat. 430), as amended; 16 U.S.C. 498, or the Act of March 3, 1925 (43 Stat. 1132), as amended; 16 U.S.C. 572, which deposits will be made available for expenditure from the appropriation “Cooperative Work, Forest Service.” If a State, county or other governmental agency is unable to contribute funds under the Act of March 3, 1925, as amended, in advance but is able to pay its share subsequent to performance of the work, the subsequent payment of such funds will be deposited to the credit of the Forest Service appropriation from which the expenditures were made or to appropriations for similar purposes currently available at the time of deposit. [25 FR 6360, July 7, 1960. Redesignated at 62 FR 58654, Oct. 30, 1997] § 212.4 Construction and maintenance. (a) Construction and maintenance work on forest transportation facilities with appropriated funds shall be directed to what is necessary and economically justified for protection, administration, development, and multiple-use management of the federally owned lands and resources served. (b) Preliminary engineering and the construction and maintenance of forest transportation facilities shall be performed by force account or let to contract, unless otherwise approved by the Chief. The contract method shall be employed for roads and trails in accordance with section 205(c) of the Act of August 27, 1958 (72 Stat. 907); 23 U.S.C. 205, and for all other facilities when it is advantageous and in the interest of the Government. (c) No construction work shall be started by force account or let to contract until all necessary rights of way have been secured, and approved by the Attorney General, if required, and cooperative agreements, if any, approved and executed. [24 FR 10256, Dec. 18, 1959, as amended at 25 FR 6360, July 7, 1960. Redesignated at 62 FR 58654, Oct. 30, 1997; 66 FR 3216, Jan. 12, 2001] § 212.5 Road system management. (a) Traffic rules. (1) General. (2) Specific. (i) The load, weight, length, height, and width limitations of vehicles shall be in accordance with the laws of the States wherein the road is located. Greater or lesser limits may be imposed and these greater or lesser limits shall be established as provided in 36 CFR part 261. (ii) Roads, or segments thereof, may be restricted to use by certain classes of vehicles or types of traffic as provided in 36 CFR part 261. Classes of vehicles may include but are not limited to distinguishable groupings such as passenger cars, buses, trucks, motorcycles, all-terrain vehicles, 4-wheel drive vehicles, off-highway vehicles, and trailers. Types of traffic may include but are not limited to groupings such as commercial hauling, recreation, and administrative. (iii) Roads, or segments thereof, may be closed to all vehicle use as provided in 36 CFR part 261. (iv) Additional rules may be imposed as provided in 36 CFR part 261. (b) Road system—(1) Identification of road system. (2) Identification of unneeded roads. (c) Cost recovery on National Forest System roads. (1) Have not shared in the cost of acquisition, construction, reconstruction, or improvements, and (2) Have not made contributions to pay their proportionate share of the costs. (d) Maintenance and reconstruction of National Forest System roads by users Maintenance. (2) Reconstruction. (3) Deposits in lieu of performance. (i) Deposits received for work on adjacent and overlapping areas may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates, and (ii) Unexpended balances upon accomplishment of the purposes for which deposited shall be transferred to miscellaneous receipts or refunded. (e) Deposits for making delayed payments to cooperator. [39 FR 27649, July 31, 1974, as amended at 42 FR 2957, Jan. 14, 1977; 43 FR 20007, May 10, 1978; 62 FR 58654, Oct. 30, 1997. Redesignated and amended at 62 FR 58654, Oct. 30, 1997; 66 FR 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005] § 212.6 Ingress and egress. (a) Policy in acquiring and granting access. (b) Actual settlers and other persons residing within the National Forests and other areas administered by the Forest Service. (c) Others. (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.; [40 FR 52611, Nov. 11, 1975, as amended at 42 FR 2957, Jan. 14, 1977. Redesignated at 62 FR 58654, Oct. 30, 1997; 66 FR 3217, Jan. 12, 2001] § 212.7 Access procurement by the United States. (a) Existing or proposed forest roads that are or will be part of a transportation system of a State, county, or other local public road authority. (b) Acquisition of easements and rights of use. (c) Methods of compensation for easements and rights of use acquired by the United States. (1) By payment from appropriated funds; (2) Pursuant to reservation in the grant of easement to the United States whereby the grantor reserves the right to require haulers of Federal timber or other Federal products over the road conveyed or thereafter constructed by the grantor to make payments to the grantor in accordance with the terms of the reservation; (3) By granting reciprocal rights; or (4) By a combination of these methods. (d) Cooperative construction and use agreements. (e) Condemnation. (f) Access over non-Federal land and use of non-Federal roads or trails on a temporary basis. (g) Use and control of interests in roads, trails, and easements acquired by the United States. (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, 551, 572, 23 U.S.C. 101, 205, 40 U.S.C. 257, 258a et seq.; [30 FR 5476, Apr. 16, 1965, as amended at 39 FR 27650, July 31, 1974; 62 FR 58654, Oct. 30, 1997. Redesignated and amended at 62 FR 58654, Oct. 30, 1997; 66 FR 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005] § 212.8 Permission to cross lands and easements owned by the United States and administered by the Forest Service. (a) Permission to construct or use roads across lands and assignable easements owned by the United States and administered by the Forest Service. (1) A reasonable relation to the management of lands administered by the Forest Service; and (2) A value substantially similar to the value of the estate or interest in lands or easements applied for. In those instances where the values of the interests needed by the United States exceed those applied for by the applicant, the additional interests required by the United States will be acquired as provided in § 212.7(b) and (c). Where values needed by the applicant exceed those needed by the United States, the difference in values will be determined under principles set forth below and in §§ 212.5(c) and 212.9. If a reciprocal benefit is not needed by the United States, or the applicant shows good cause why the reciprocal benefit needed by the United States cannot or should not be granted by him, or the applicant declines to grant the reciprocal benefit requested by the United States or if a bona fide emergency exists, permission to construct or use a road across lands owned by the United States may be conditioned for any applicant upon reasonable charges and all other terms and conditions required by the Chief to protect the interests of the United States. Permits for such road construction or use will be non-exclusive and will be conditioned upon compliance with their terms and conditions and with the rules and regulations governing the protection and administration of the lands and those applicable to such roads. (b) [Reserved] (c) Replacement of prior grants. (2) Upon application to the Chief, an easement shall be granted under paragraph (d) of this section as a replacement for any stipulations for ingress and egress issued under the Act of June 4, 1897 or permit or other document evidencing the applicant's right to use a road: Provided, (d) Easements for roads crossing lands or easements administered by the Forest Service. (2) Notwithstanding paragraph (d)(1) of this section, the Chief may grant to the applicant a permanent or temporary easement for specified periods or otherwise upon such exchange of easements or share-cost arrangement or other reasonable consideration as he may deem appropriate. (3) The Chief may grant to a State or local subdivision thereof; easements for roads over lands or easements administered by the Forest Service and over roads thereon, when the roads thereon or roads to be constructed thereon will serve said lands and are, or will become a part of the road system maintained by such State or local subdivision for general public use: Provided, (4) All instruments affecting permanent interests in land executed pursuant to this paragraph (d) of this section shall be recorded in each county where the lands are located. Copies of all instruments affecting interests in lands reserved from public domain shall be furnished by the Chief to the Secretary of the Interior. (5)(i) The Chief may revoke an easement granted under 36 CFR 251.53(j): (A) With the grantee's consent; (B) By condemnation; or (C) After a 5-year period of nonuse by the grantee. (ii) Before revocation of an easement granted under 36 CFR 251.53(j) for nonuse, a formal adjudicatory proceeding must be conducted pursuant to 7 CFR part 1, subpart H, provided the grantee requests the hearing within 60 days of receipt of the notice of revocation. (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.; [30 FR 5476, Apr. 16, 1965, as amended at 39 FR 27650, July 31, 1974; 48 FR 28638, June 23, 1983. Redesignated and amended at 62 FR 58654, Oct. 30, 1997; 78 FR 33717, June 5, 2013; 88 FR 84707, Dec. 6, 2023] § 212.9 Principles for sharing use of roads. The use of roads under arrangements for sharing costs or performance shall be in accordance with the following: (a) Road improvement. (b) Corresponding benefits. (1) Deposit of funds with the Forest Service for use in paying the cost of road construction, reconstruction, or improvement to be borne by the user; (2) The grant of a reciprocal right of substantially similar value to the road use sought; (3) Construction, reconstruction, or improvement by applicant of a road needed for access to and use of lands administered by the Forest Service; or (4) any combination of these. (c) Cost determinations for roads cooperatively constructed under agreements. (1) The standard of road required for the planned hauling; (2) The share of planned use; (3) The location and volume of tributary timber owned by each party and expected to be hauled over the road or roads; (4) The tributary areas owned or controlled by each party; (5) Expected use by the public; and (6) Other appropriate considerations. (d) Cost recovery by the United States from others. (e) Cost sharing with a cooperator. (1) Use of appropriated funds; (2) Construction, reconstruction, or improvement of roads or segments of roads by purchasers of products from lands administered by the Forest Service or other users; (3) Use of deposits made by cooperator with the Forest Service to cover cooperator's agreed share; (4) Agreement with cooperator pursuant to which cooperator does more than his agreed share of constructing, reconstructing, or improving a road and recovers costs incurred in excess of his agreed share by charging purchasers of products from lands administered by the Forest Service an equitable amount within the limits and to the total amount specified in the agreement; or (5) A combination of the aforementioned methods. (f) Road maintenance and resurfacing. (g) Interests to be acquired by the United States in roads or easements therefor. (1) Be for perpetual use unless the road use falls within the limited classes where temporary roads or roads for limited periods are acceptable; (2) Provide adequately for foreseeable management, protection, and utilization needs of lands administered by the Forest Service and intermingled and adjacent private and public lands and for the use and development of the resources upon which communities within or adjacent to the National Forest are dependent; and (3) not be subject to conditions, reservations, or convenants unrelated to the road use, or which seek or might tend to direct or limit policies and procedures for management of lands administered by the Forest Service. (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.; [30 FR 5478, Apr. 16, 1965, as amended at 39 FR 27650, July 31, 1974. Redesignated and amended at 62 FR 58654, Oct. 30, 1997] § 212.10 Maximum economy National Forest System roads. The Chief may acquire, construct, reconstruct, improve, and maintain National Forest System roads within and near the National Forests and other lands administered by the Forest Service in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management thereof and for utilization of the other resources thereof. Financing of such roads may be accomplished— (a) By the Chief utilizing appropriated funds, (b) By requirements on purchasers of National Forest timber and other products, including provisions for amortization of road costs in contracts, (c) By cooperative financing with other public agencies and with private agencies or persons, or (d) By a combination of these methods, provided that where roads are to be constructed at a higher standard than the standard—consistent with applicable environmental laws and regulations—that is sufficient for harvesting and removal of National Forest timber and other products covered by a particular sale, the purchaser of the timber and other products shall not be required to bear the part of the cost necessary to meet the higher standard, and the Chief may make such arrangements to achieve this end as may be appropriate. (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.; [30 FR 5479, Apr. 16, 1965. Redesignated at 62 FR 58654, Oct. 30, 1997; 66 FR 3217, Jan. 12, 2001; 70 FR 68288, Nov. 9, 2005] §§ 212.11-212.20 [Reserved] § 212.21 Pacific Crest National Scenic Trail. The Pacific Crest National Scenic Trail as defined by the National Trails Systems Act, 82 Stat. 919, shall be administered primarily as a footpath and horseback riding trail by the Forest Service in consultation with the Secretary of the Interior. The use of motorized vehicles may be authorized by the Federal Agency administering the segment of trail involved when use of such vehicles is necessary to meet emergencies or to enable landowners or land users to have reasonable access to their lands or timber rights. (82 Stat. 919 (16 U.S.C. 1241 et seq. [43 FR 20007, May 10, 1978] Subpart B—Designation of Roads, Trails, and Areas for Motor Vehicle Use Authority: 7 U.S.C. 1011(f), 16 U.S.C. 551, E.O. 11644, 11989 (42 FR 26959). Source: 70 FR 68288, Nov. 9, 2005, unless otherwise noted. § 212.50 Purpose, scope, and definitions. (a) Purpose. (b) Scope. (c) For definitions of terms used in this subpart, refer to § 212.1 in subpart A of this part. § 212.51 Designation of roads, trails, and areas. (a) General. (1) Aircraft; (2) Watercraft; (3) Over-snow vehicles (see § 212.81); (4) Limited administrative use by the Forest Service; (5) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes; (6) Authorized use of any combat or combat support vehicle for national defense purposes; (7) Law enforcement response to violations of law, including pursuit; and (8) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations. (b) Motor vehicle use for dispersed camping or big game retrieval. [70 FR 68288, Nov. 9, 2005, as amended at 73 FR 74613, Dec. 9, 2008] § 212.52 Public involvement. (a) General. (b) Absence of public involvement in temporary, emergency closures General. (2) Temporary, emergency closures based on a determination of considerable adverse effects. § 212.53 Coordination with Federal, State, county, and other local governmental entities and tribal governments. The responsible official shall coordinate with appropriate Federal, State, county, and other local governmental entities and tribal governments when designating National Forest System roads, National Forest System trails, and areas on National Forest System lands pursuant to this subpart. § 212.54 Revision of designations. Designations of National Forest System roads, National Forest System trails, and areas on National Forest System lands pursuant to § 212.51 may be revised as needed to meet changing conditions. Revisions of designations shall be made in accordance with the requirements for public involvement in § 212.52, the requirements for coordination with governmental entities in § 212.53, and the criteria in § 212.55, and shall be reflected on a motor vehicle use map pursuant to § 212.56. § 212.55 Criteria for designation of roads, trails, and areas. (a) General criteria for designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands. (b) Specific criteria for designation of trails and areas. (1) Damage to soil, watershed, vegetation, and other forest resources; (2) Harassment of wildlife and significant disruption of wildlife habitats; (3) Conflicts between motor vehicle use and existing or proposed recreational uses of National Forest System lands or neighboring Federal lands; and (4) Conflicts among different classes of motor vehicle uses of National Forest System lands or neighboring Federal lands. In addition, the responsible official shall consider: (5) Compatibility of motor vehicle use with existing conditions in populated areas, taking into account sound, emissions, and other factors. (c) Specific criteria for designation of roads. (1) Speed, volume, composition, and distribution of traffic on roads; and (2) Compatibility of vehicle class with road geometry and road surfacing. (d) Rights of access. (1) Valid existing rights; and (2) The rights of use of National Forest System roads and National Forest System trails under § 212.6(b). (e) Wilderness areas and primitive areas. § 212.56 Identification of designated roads, trails, and areas. Designated roads, trails, and areas shall be identified on a motor vehicle use map. Motor vehicle use maps shall be made available to the public at the headquarters of corresponding administrative units and Ranger Districts of the National Forest System and, as soon as practicable, on the website of corresponding administrative units and Ranger Districts. The motor vehicle use maps shall specify the classes of vehicles and, if appropriate, the times of year for which use is designated. § 212.57 Monitoring of effects of motor vehicle use on designated roads and trails and in designated areas. For each administrative unit of the National Forest System, the responsible official shall monitor the effects of motor vehicle use on designated roads and trails and in designated areas under the jurisdiction of that responsible official, consistent with the applicable land management plan, as appropriate and feasible. Subpart C—Over-Snow Vehicle Use Authority: 7 U.S.C. 1011(f), 16 U.S.C. 551, E.O. 11644, 11989 (42 FR 26959). Source: 70 FR 68290, Nov. 9, 2005, unless otherwise noted. § 212.80 Purpose, scope, and definitions. (a) Purpose. (b) Scope. (c) Definitions. [80 FR 4511, Jan. 28, 2015] § 212.81 Over-snow vehicle use. (a) General. (1) Limited administrative use by the Forest Service; (2) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes; (3) Authorized use of any combat or combat support vehicle for national defense purposes; (4) Law enforcement response to violations of law, including pursuit; and (5) Over-snow vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations. (b) Previous over-snow vehicle decisions. (c) Identification of roads, trails, and areas for over-snow vehicle use. (d) Decision-making process. [80 FR 4511, Jan. 28, 2015]