36 Cfr 294

Pt. 294

36 CFR Ch. II (7–1–07 Edition)

under appropriate conditions determined by the Chief, Forest Service.
(b) Grazing of domestic livestock, development of water storage projects
which do not involve road construction, and improvements necessary for
the protection of the National Forests
may be permitted, subject to such restrictions as the Chief, Forest Service,
deems desirable. Within Primitive
Areas, when the use is for other than
administrative needs of the Forest
Service, use by other Federal agencies
when authorized by the Chief, and in
emergencies, the landing of aircraft
and the use of motorboats are prohibited on National Forest land or water
unless such use by aircraft or motorboats has already become well established, the use of motor vehicles is prohibited, and the use of other motorized
equipment is prohibited except as authorized by the Chief. These restrictions are not intended as limitations
on statutory rights of ingress and
egress or of prospecting, locating, and
developing mineral resources.
(c) All prohibitions for those areas of
National Forest classified as Primitive
on the effective date of the Wilderness
Act, September 3, 1964, are in part 261.
(78 Stat. 890, 16 U.S.C. 1131–1136; 74 Stat. 215,
16 U.S.C. 528–531)
[38 FR 5855, Mar. 5, 1973, as amended at 42 FR
35960, July 13, 1977]

PART 294—SPECIAL AREAS
Sec.

Subpart A—Miscellaneous Provisions
294.1 Recreation areas.
294.2 Navigation of aircraft within airspace
reservation over the Boundary Waters
Canoe Area Wilderness, Superior National Forest, Minnesota.
294.3–294.9 [Reserved]

cprice-sewell on PROD1PC62 with CFR

Subpart B—State Petitions for Inventoried
Roadless Area Management
294.10 Purpose.
294.11 Definition.
294.12 State petitions.
294.13 Petition process.
294.14 Petition contents.
294.15 Advisory committee review.
294.16 State-specific rulemaking.
294.17 Scope and applicability.
294.18 Severability.

Subpart A—Miscellaneous
Provisions
AUTHORITY: 16 U.S.C. 472, 551, and 1131.

§ 294.1

Recreation areas.

Suitable areas of national forest
land, other than wilderness or wild
areas, which should be managed principally for recreation use may be given
special classification as follows:
(a) Areas which should be managed
principally for recreation use substantially in their natural condition and on
which, in the discretion of the officer
making the classification, certain
other uses may or may not be permitted may be approved and classified
by the Chief of the Forest Service or by
such officers as he may designate if the
particular area is less than 100,000
acres. Areas of 100,000 acres or more
will be approved and classified by the
Secretary of Agriculture.
(b) Areas which should be managed
for public recreation requiring development and substantial improvements
may be given special classification as
public recreation areas. Areas in single
tracts of not more than 160 acres may
be approved and classified by the Chief
of the Forest Service or by such officers as he may designate. Areas in excess of 160 acres will be classified by
the Secretary of Agriculture. Classification hereunder may include areas
used or selected to be used for the development and maintenance as camp
grounds, picnic grounds, organization
camps, resorts, public service sites
(such as for restaurants, filling stations, stores, horse and boat liveries,
garages, and similar types of public
service
accommodations),
bathing
beaches, winter sports areas, lodges,
and similar facilities and appurtenant
structures needed by the public to
enjoy the recreation resources of the
national forests. The boundaries of all
areas so classified shall be clearly
marked on the ground and notices of
such classification shall be posted at
conspicuous places thereon. Areas classified under this section shall thereby
be set apart and reserved for public
recreation use and such classification
shall constitute a formal closing of the

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Forest Service, USDA

§ 294.12

area to any use or occupancy inconsistent with the classification.
[38 FR 5859, Mar. 5, 1973, as amended at 66 FR
3272, Jan. 12, 2001]

cprice-sewell on PROD1PC62 with CFR

§ 294.2 Navigation of aircraft within
airspace
reservation
over
the
Boundary Waters Canoe Area Wilderness, Superior National Forest,
Minnesota.
(a) Description of areas. Sections
294.2(b) to 294.2(f), inclusive, apply to
those areas of land and water in the
Counties of Cook, Lake, and St. Louis,
State of Minnesota, within the exterior
boundaries of the Superior National
Forest, which have heretofore been designated by the Secretary of Agriculture as the Superior Roadless Area,
the Little Indian Sioux Roadless Area,
and the Caribou Roadless Area, respectively, and to the airspace over said
areas and below the altitude of 4,000
feet above sea level. Said areas are
more particularly described in the Executive order setting apart said airspace as an airspace reservation (E.O.
10092, Dec. 17, 1949; 3 CFR 1949 Supp.).
Copies of said Executive order may be
obtained on request from the Forest
Supervisor, Superior National Forest,
Duluth, Minnesota (hereinafter called
Forest Supervisor).
(b) Emergency landing and rescue operations. The pilot of any aircraft landing
within any of said areas for reasons of
emergency or for conducting rescue operations, shall inform the Forest Supervisor within seven days after the
termination of the emergency or the
completion of the rescue operation as
to the date, place, and duration of
landing, and the type and registration
number of the aircraft.
(c) Low flights. Any person making a
flight within said airspace reservation
for reasons of safety or for conducting
rescue operations shall inform the Forest Supervisor within seven days after
the completion of the flight or the rescue operation as to the date, place, and
duration of flight, and the type and
registration number of the aircraft.
(d) Official flights. The provisions of
§§ 294.2(b) and 294.2(c) do not apply to
flights made for conducting or assisting in the conduct of official business
of the United States, of the State of

Minnesota or of Cook, St. Louis, or
Lake Counties, Minnesota.
(e) Conformity with law. Nothing in
these regulations shall be construed as
permitting the operation of aircraft
contrary to the provisions of the Civil
Aeronautics Act of 1938 (52 Stat. 973),
as amended, or any rule, regulation or
order issued thereunder.
[38 FR 5859, Mar. 5, 1973, as amended at 50 FR
16232, Apr. 25, 1985; 66 FR 3272, Jan. 12, 2001]

§§ 294.3–294.9

[Reserved]

Subpart B—State Petitions for
Inventoried Roadless Area
Management
AUTHORITY: 16 U.S.C. 472, 529, 551, 1608, 1613;
23 U.S.C. 201, 205.
SOURCE: 70 FR 25661, May 13, 2005, unless
otherwise noted.

§ 294.10

Purpose.

The purpose of these administrative
procedures is to set forth a process for
State-specific rulemaking to address
the
management
of
inventoried
roadless areas in areas where the Secretary determines that regulatory direction is appropriate based on a petition from the affected Governor.
§ 294.11

Definition.

Inventoried roadless areas—Areas identified in a set of inventoried roadless
area maps, contained in the Forest
Service Roadless Area Conservation,
Final Environmental Impact Statement, Volume 2, dated November 2000,
and any subsequent update or revision
of those maps through the land management planning process.
§ 294.12

State petitions.

The Governor of any State or territory that contains National Forest
System lands may petition the Secretary of Agriculture to promulgate
regulations establishing management
requirements for all or any portion of
National Forest System inventoried
roadless areas within that State or territory. Any such petition must be submitted to the Secretary of Agriculture
not later than November 13, 2006.

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