PART 1001—GENERAL PROVISIONS Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note). Source: 63 FR 35697, June 30, 1998, unless otherwise noted. § 1001.1 Purpose. (a) The regulations in this chapter provide for the proper use, management, government and protection of persons, property and natural and cultural resources within the area under the jurisdiction of the Presidio Trust. (b) The regulations in this chapter will be utilized to fulfill the statutory purposes of the Presidio Trust Act. § 1001.2 Applicability and scope. (a) The regulations contained in this chapter apply to all persons entering, using, visiting, or otherwise within the boundaries of federally owned lands and waters administered by the Presidio Trust. (b) The regulations contained in Parts 1002, 1004 and 1005 of this chapter shall not be construed to prohibit administrative activities conducted by the Presidio Trust, or its agents, in accordance with approved policies of the Presidio Trust, or in emergency operations involving threats to life, property, or resources of the area administered by the Presidio Trust. (c) The regulations in this chapter are intended to treat a mobility-impaired person using a manual or motorized wheelchair as a pedestrian and are not intended to restrict the activities of such a person beyond the degree that the activities of a pedestrian are restricted by the same regulations. § 1001.3 Penalties. A person convicted of violating a provision of the regulations contained in Parts 1001, 1002, 1004 and 1005 of this chapter, within the area administered by the Presidio Trust, shall be punished by a fine as provided by law, or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs of the proceedings. § 1001.4 Definitions. The following definitions shall apply to this chapter, unless modified by the definitions for a specific part or regulation: Abandonment Administrative activities Airboat Aircraft Archeological resource Authorized emergency vehicle Authorized person Bicycle Board Boundary Camping Carry Controlled substance Cultural resource Developed area Downed aircraft Executive Director Firearm Fish Fishing Hunting Legislative jurisdiction Manual wheelchair Motor vehicle Motorcycle Motorized wheelchair Net Nondeveloped area Operator Pack animal Permit Person Pet Possession Practitioner Presidio Trust Trust Presidio Trust Act Presidio Trust road Printed matter Public use limit Refuse Services Smoking Snowmobile State State law Take taking Traffic Traffic control device Trap Trapping Underway Unloaded, (1) There is no unexpended shell, cartridge, or projectile in any chamber or cylinder of a firearm or in a clip or magazine inserted in or attached to a firearm; (2) A muzzle-loading weapon does not contain gun powder in the pan, or the percussion cap is not in place; and (3) Bows, crossbows, spear guns or any implement capable of discharging a missile or similar device by means of a loading or discharging mechanism, when that loading or discharging mechanism is not charged or drawn. Vehicle Vessel Weapon Wildlife § 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 § 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 § 1001.7. (f) Violating a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use limit is prohibited. § 1001.6 Permits. (a) When authorized by regulations set forth in this chapter, the Executive Director may issue a permit to authorize an otherwise prohibited or restricted activity or impose a public use limit. The activity authorized by a permit shall be consistent with applicable legislation, Federal regulations and administrative policies, and based upon a determination that public health and safety, environmental or scenic values, natural or cultural resources, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities will not be adversely impacted. (b) Except as otherwise provided, application for a permit shall be submitted to the Executive Director during normal business hours. (c) The public will be informed of the existence of a permit requirement in accordance with § 1001.7. (d) Unless otherwise provided for by the regulations in this chapter, the Executive Director shall deny a permit that has been properly applied for only upon a determination that the designated capacity for an area or facility would be exceeded; or that one or more of the factors set forth in paragraph (a) of this section would be adversely impacted. The basis for denial shall be provided to the applicant upon request. (e) The Executive Director shall include in a permit the terms and conditions that the Executive Director deems necessary to protect resources of the area administered by the Presidio Trust or public safety and may also include terms or conditions established pursuant to the authority of any other section of this chapter. (f) A compilation of those activities requiring a permit shall be maintained by the Executive Director and available to the public upon request. (g) The following are prohibited: (1) Engaging in an activity subject to a permit requirement imposed pursuant to this section without obtaining a permit; or (2) Violating a term or condition of a permit issued pursuant to this section. (h) Violating a term or condition of a permit issued pursuant to this section may also result in the suspension or revocation of the permit by the Executive Director. § 1001.7 Public notice. (a) Whenever the authority of § 1001.5(a) is invoked to restrict or control a public use or activity, to relax or revoke an existing restriction or control, to designate all or a portion of the area administered by the Presidio Trust as open or closed, or to require a permit to implement a public use limit, the public shall be notified by one or more of the following methods: (1) Signs posted at conspicuous locations, such as normal points of entry and reasonable intervals along the boundary of the affected locale. (2) Maps available in the office of the Presidio Trust and other places convenient to the public. (3) Publication in a newspaper of general circulation in the affected area. (4) Other appropriate methods, such as the removal of closure signs, use of electronic media, brochures, maps and handouts. (b) In addition to the above-described notification procedures, the Board shall compile in writing all the designations, closures, permit requirements and other restrictions imposed under discretionary authority. This compilation shall be updated annually and made available to the public upon request. § 1001.8 Information collection. The information collection requirements contained in 36 CFR 1001.5, 1002.5, 1002.10, 1002.12, 1002.17, 1002.33, 1002.38, 1002.50, 1002.51, 1002.52, 1002.60, 1002.61, 1002.62, 1004.4 and 1004.11 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq., § 1001.10 Symbolic signs. (a) The signs pictured in 36 CFR 1.10 provide general information and regulatory guidance in the area administered by the Presidio Trust. Certain of the signs designate activities that are either allowed or prohibited. Activities symbolized by a sign bearing a slash mark are prohibited. (b) The use of other types of signs not herein depicted is not precluded.