Occupancy and Use Restrictions

Associated Documents

Forest Order

U.S. Department of Agriculture, U.S. Forest Service
Rocky Mountain Region
 

Regional Closure Order
Occupancy and Use Restrictions

PROHIBITIONS

Pursuant to 16 U.S.C. §551 and 36 C.F.R. Part 261, Subpart B, the following acts are prohibited on all National Forest System (NFS) lands within the Rocky Mountain Region (Region 2) of the United States Department of Agriculture, Forest Service in Colorado, Kansas, Nebraska, South Dakota, and Wyoming (the “Restricted Area”):

1. Operating a motor vehicle on NFS roads in violation of applicable state, county, or local government law, regulation, or ordinance relating to the operation, use, or possession of motor vehicles. 36 C.F.R. § 261.54(d)
    
2. Operating a motor vehicle on NFS roads carelessly, recklessly, without regard for the rights or safety of other persons, or in a manner or at a speed that would endanger or likely endanger any person or property. 36 C.F.R. § 261.54(f)
    
3. Parking or leaving a vehicle in violation of posted instructions. 36 C.F.R. § 261.58(g)
    
4. Using a NFS road for commercial hauling without a permit or written authorization from the Forest Service, except to provide authorized public services or incidental services for persons with NFS in-holdings or recreational special use authorizations. 36 C.F.R. § 261.54(c)
    
5. Possessing a “beverage,” which is defined as an alcoholic beverage by applicable state law on NFS lands. 36 C.F.R. § 261.58(bb)
   Order Number: # R02-2024-01
    
6. Possessing or consuming an alcoholic beverage, as defined by applicable state law, if you are under 21 years old. 36 C.F.R. § 261.58(bb)
    
7. Possessing, storing, or transporting a cannabis plant, any part of a cannabis plant, or any substance derived from a cannabis plant. 36 C.F.R. § 261.58(t)
    
8. Possessing, discharging, or using any kind of firework or pyrotechnic device. 36 C.F.R. § 261.52(f)
    
9. Operating or using any internal combustion engine without a properly installed and maintained spark arresting device that complies with either Forest Service Standard 5100-1a (as amended), or Society of Automotive Engineers recommended practices J335(b) and J350(a). 36 C.F.R. § 261.52(j).

EXEMPTIONS

Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:

1. [Persons with Forest Service Permit No. FS-7700-48 (Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order), specifically exempting them from this Order or a written determination by a Forest Service authorized officer that a permit is not required under 36 C.F.R. § 251.50(e)(1) or (2)].
    
2. Any Federal, State, or Local Officer, or member of an organized rescue or firefighting force in the performance of an official duty.

RESTRICTED AREA: 

The Restricted Area includes the following National Forests (“NF”) and National Grasslands (“NGL”):

PURPOSE

The purpose of this Order is to protect the public health and safety in the Rocky Mountain Region. This Order is supplemental to and does not rescind or replace those restrictions in 36 C.F.R. Part 261, Subpart A, or any Forest Supervisor Order issued under 36 C.F.R. Part 261, Subpart B.
 

IMPLEMENTATION

1. This Order shall be in effect from May 17, 2024, 0000 hours through May 17, 2027, 2359 hours unless rescinded.
    
2. Unless otherwise expressly defined in this Order, the terms used in this Order are defined by the regulations of the Secretary of Agriculture, 36 C.F.R. Chapter II,Parts 200-299. If there are terms in this Order that are not expressly defined in the Order or 36 C.F.R. Chapter II, Parts 200-299, their meaning shall be determined by their plain language definitions.
    
3. A violation of the above prohibitions is punishable as a Class B misdemeanor by a fine of not more than $5,000 for individuals and $10,000 for organizations, or by imprisonment for not more than six months, or both. 16 U.S.C. § 551; 18 U.S.C.§§ 3559, 3571, and 3581.
    
4. This Order supersedes any previous Orders (R02-2021-01) prohibiting the same or similar acts in/on the same Restricted Area.

Signed and issued on May 13th, 2024.

SCOTT FITZWILLIAMS

FRANK R. BEUM 

Regional Forester 

Rocky Mountain Region

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