Title 36--PARKS, FORESTS, AND PUBLIC PROPERTY
Chapter X--PRESIDIO TRUST


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...


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...


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 voluntary relinquishment of property with no intent to retain possession. Administrative activities means those activities conducted under the authority of...


is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to...


restricted activity or impose a public use limit. The activity authorized by a permit shall be consistent with applicable legislation, Federal regulations and administrative...


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...


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., and assigned...


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...


prohibited: (1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state: (i) Living or dead wildlife or fish, or the parts...


or intentional disturbing of wildlife nesting, breeding or other activities. (3) Possessing unlawfully taken wildlife or portions thereof. (b) Hunting...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1002.3] [Page 223] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents Sec. 1002.3 Fishing. Fishing is prohibited within the area administered by the Presidio Trust. ...


weapon, trap or net. (ii) Carrying a weapon, trap or net. (iii) Using a weapon, trap or net. (2) Weapons, traps or nets may be carried, possessed or used: ...


or pursuant to the terms and conditions of a specimen collection permit, is prohibited. (b) A specimen collection permit may be issued only to an official representative...


(b) The following are prohibited: (1) Digging or leveling the ground at a campsite. (2) Leaving camping equipment, site alterations, or refuse after departing from...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1002.11] [Page 225] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents Sec. 1002.11 Picnicking. Picnicking is allowed, except in designated areas closed in accordance with Sec. 1001.5 of this chapter. The Board may establish conditions for picnicking in areas where picnicking is allowed. Picnicking in violation of established conditions is prohibited. ...


plant, motor vehicle, motorized toy, or an audio device, such as a radio, television set, tape deck or musical instrument, in a manner that exceeds a noise level of...


under conditions that may be established by the Board. (2) Using stoves or lanterns in violation of established restrictions. (3) Lighting, tending, or using a...


(2) Using government refuse receptacles or other refuse facilities for dumping household, commercial, or industrial refuse, brought as such from private or municipal property, except...


location designated as a swimming beach, or any structure or area closed to the possession of pets by the Board. This paragraph shall not apply to guide dogs accompanying...


purposes of transporting equipment. (b) The use of horses or pack animals outside of trails, routes or areas designated for their use. (c) The use of horses...


in emergencies involving public safety or serious property loss, or pursuant to the terms and conditions of a permit, is prohibited. (b) The provisions of this...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1002.18] [Page 228] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents Sec. 1002.18 Snowmobiles. The use of snowmobiles is prohibited. ...


Presidio Trust roads and in parking areas open to motor vehicle traffic, except as otherwise designated. (b) The towing of persons on skis, sleds, or other...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1002.20] [Page 228] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents Sec. 1002.20 Skating, skateboards and similar devices. Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in designated areas. ...


or facility as closed to smoking when necessary to protect resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking in an area...


24 hours, except in locations where longer time periods have been designated or in accordance with coBoard. (3) Failing to turn in found property to the Executive Director...


229]] recreation fees have been established for the Golden Gate National Recreation Area in accordance with 36 CFR part 71. (b) Entering...


the property of another with the purpose to deprive the owner of the property. (2) Obtaining property or services offered for sale or compensation without making...


or upon property or real property not open to the public, except with the express invitation or consent of the person having lawful control of the property or...


intentionally interfering with a government employee or agent engaged in an official duty, or on account of the performance of an official duty. (2) Lawful...


other than an accident reportable under Sec. 1004.4 of this chapter, shall report the incident to the Executive Director as soon as possible. This notification does not...


or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts: (1) Engages in fighting or threatening, or in...


the area administered by the Presidio Trust is allowed in accordance with the provisions of this section. (2) The following are prohibited: (i) The sale or gift of...


of land ownership, on all lands and waters within the boundaries of the area administered by the Presidio Trust that are under the legislative jurisdiction of the...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1002.37] [Page 231] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents Sec. 1002.37 Noncommercial soliciting. Soliciting or demanding gifts, money, goods or services is prohibited, except pursuant to the terms and conditions of a permit that has been issued under Sec. 1002.50, Sec. 1002.51 or Sec. 1002.52. ...


pursuant to the terms and conditions of a permit. When permitted, the use, possession, storage and transportation shall be in accordance with applicable Federal and...


are allowed: Provided, however, There is a meaningful association between the area administered by the Presidio Trust and the events, and the observance contributes...


views are allowed within the area administered by the Presidio Trust, provided a permit therefore has been issued by the Executive Director. (b) An application for such...


the Presidio Trust, provided that a permit to do so has been issued by the Executive Director, and provided further that the printed matter is not solely...


any kind within the area administered by the Presidio Trust or the use of such area for agricultural purposes is prohibited, except: (1) As specifically authorized...


privately owned lands, except pursuant to the terms and conditions of a permit, lease or contract, is prohibited. (b) Violation of the terms and conditions of a...


area administered by the Presidio Trust without the authorization of the Board is prohibited. (b) The scattering of human ashes from cremation is prohibited, except...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1002.63] [Page 235] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents Sec. 1002.63 Boating and water use activities. Swimming, boating and the use of any water vessel are prohibited within the area administered by the Presidio Trust. ...


also apply, regardless of land ownership, on all roadways and parking areas within the boundaries of the area administered by the Presidio Trust that are open to public...


area administered by the Presidio Trust are governed by State law. State law that is now or may later be in effect is adopted and made a part of the regulations in this...


actual or suspected violator of the law, may: (1) Disregard traffic control devices; (2) Exceed the speed limit; and (3) Obstruct traffic. (b)...


death shall report the accident to the Executive Director as soon as practicable, but within 24 hours of the accident. If the operator is physically incapable of reporting...


(b) The following are prohibited: (1) Operating a motor vehicle not equipped with pneumatic tires, except that a track-laying motor vehicle or a motor vehicle...


However, the Board may designate more restrictive limits when appropriate for traffic safety or protection of the road surface. The Board may require a permit and...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1004.12] [Page 236] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1004--VEHICLES AND TRAFFIC SAFETY--Table of Contents Sec. 1004.12 Traffic control devices. Failure to comply with the directions of a traffic control device is prohibited unless otherwise directed by the Executive Director. ...


the Executive Director, or in the event of an accident or other condition beyond the control of the operator. (b) Operating a vehicle so slowly as to interfere with the...


pertain to carrying an open container. The operator of a motor vehicle is the person responsible for complying with the provisions of this section that pertain to the...


have the safety belt or child restraint system properly fastened at all times when the vehicle is in motion. The safety belt and child restraint system will conform to...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1004.20] [Page 237] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1004--VEHICLES AND TRAFFIC SAFETY--Table of Contents Sec. 1004.20 Right of way. An operator of a motor vehicle shall yield the right of way to pedestrians, saddle and pack animals and vehicles drawn by animals. Failure to yield the right of way is prohibited. ...


campgrounds, picnic areas, parking areas, utility areas, business or residential areas, other places of public assemblage and at emergency scenes. (2) 25 miles per...


defined by State law and violations are prosecuted pursuant to the provisions of Sec. 1004.2. (b) The following are prohibited: (1) Operating a motor...


(1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or (2) The...


however, that the Board may close any Presidio Trust road or parking area to bicycle use pursuant to the criteria and procedures of Secs. 1001.5 and 1001.7 of this...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1004.31] [Page 239] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1004--VEHICLES AND TRAFFIC SAFETY--Table of Contents Sec. 1004.31 Hitchhiking. Hitchhiking or soliciting transportation is prohibited except in designated areas and under conditions established by the Board. ...


unless prior written permission has been given by the Executive Director. Such permission may be granted only if the notice or advertisement is of goods, services,...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1005.2] [Page 239] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1005--COMMERCIAL AND PRIVATE OPERATIONS--Table of Contents Sec. 1005.2 Alcoholic beverages; sale of intoxicants. The sale of alcoholic, spirituous, vinous, or fermented liquor, containing more than 1 percent of alcohol by weight, shall conform with all applicable Federal, State, and local laws and regulations. (See also Sec. 1002.35 of this chapter.) ...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1005.3] [Page 239] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1005--COMMERCIAL AND PRIVATE OPERATIONS--Table of Contents Sec. 1005.3 Business operations. Engaging in or soliciting any business in the area administered by the Presidio Trust, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, is prohibited. ...


safely over Presidio Trust roads, or which in the judgment of the Executive Director are beyond the carrying capacity or safety factor of the roads, will not be permitted in...


may be made, which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel, written permission...


passenger cars or other vehicles when used in transporting movable property for a fee or profit, either as a direct charge to another person, or otherwise, or used as...


or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over, through, or under any area administered by the...


to or enjoyed by the general public within the area administered by the Presidio Trust is prohibited from discriminating against any employee or maintaining any...


any hotel, inn, lodge, or other facility or accommodation offered to or enjoyed by the general public within the area administered by the Presidio Trust and, while using...


private lands within the boundaries of the area administered by the Presidio Trust under the exclusive legislative jurisdiction of the United States...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1005.14] [Page 242] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1005--COMMERCIAL AND PRIVATE OPERATIONS--Table of Contents Sec. 1005.14 Prospecting, mining, and mineral leasing. Prospecting, mining, and the location of mining claims under the general mining laws and leasing under the mineral leasing laws are prohibited in the area administered by the Presidio Trust except as authorized by law. ...


records under FOIA. As used in this part, the term ``FOIA'' means the Freedom of Information Act, 5 U.S.C. 552. (b) Before invoking the formal procedures set out below,...


possible consistent with the purposes of the Presidio Trust Act and the Freedom of Information Act. (b) Statutory disclosure requirement. FOIA requires that...


FOIA Officer at P.O. Box 29052, San Francisco, CA 94129-0052. (b) Form of requests. (1) Requests under this part shall be in writing and must specifically invoke FOIA. ...


may be presumed to seek only records of the Presidio Trust. (b) Records of other departments and agencies. (1) If a requested record in the possession of the...


requested record, to release a record that is exempt from disclosure, or to deny a fee waiver shall be made only after consultation with the General Counsel. (b) Form of...


to grant or deny a request shall be made within 20 working days after receipt of a request. This determination shall be communicated immediately to the requester. ...


(2) A request has been denied for failure to describe requested records or for other procedural deficiency or because requested records cannot be located; (3) A fee...


the General Counsel. (b) Time limit. A final determination shall be made within 20 working days after receipt of an appeal meeting the requirements of Sec. 1007.7(c). ...


charged in accordance with the provisions of this section and the current schedule of charges determined by the Executive Director and published in the compilation provided...


under Sec. 1007.9 if disclosure of the information is in the public interest because it: (1) Is likely to contribute significantly to public understanding of...


describe the procedures and policies of the Presidio Trust concerning maintenance of records which are subject to the Privacy Act. Sections 1008.11 through 1008.17...


an alien lawfully admitted for permanent residence. Maintain means maintain, collect, use or disseminate. Privacy Act means 5 U.S.C. 552a. Privacy Act Officer...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1008.3] [Page 252] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1008--REQUESTS UNDER THE PRIVACY ACT--Table of Contents Sec. 1008.3 Records subject to the Privacy Act. The Privacy Act applies to all records which the Presidio Trust maintains in a system of records. ...


such information about an individual as is relevant and necessary to accomplish a purpose of the Presidio Trust required to be accomplished by statute or Executive Order of...


of records subject to the Privacy Act. Such notice will be published prior to the establishment or a revision of the system of records. 5...


administrative, technical and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to...


shall, at all times, take care to protect the integrity, security and confidentiality of these records. (b) Disclosure of records. No employee of the Presidio Trust...


of records to accomplish a Presidio Trust function, the contract shall, consistent with the Presidio Trust's authority, cause the requirements of 5 U.S.C. 552a and...


any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. (b)...


the specific exceptions provided by Sec. 1008.9(c), an accounting shall be made. (2) The accounting shall record: (i) The date, nature, and purpose of each disclosure of...


Act whether a system of records contains records pertaining to them shall address inquiries to the Privacy Act Officer, The Presidio Trust, [[Page...


records contains records pertaining to them shall be promptly advised whether the system contains records pertaining to them unless: (i) The records were compiled...


them which is contained in a system and to review the records and have a copy made of all or any portion thereof in a form comprehensive to them. 5 U.S.C. 552a(d)(1)....


Officer unless the system notice describing the system prescribes or permits submission to some other official or officials. (2) Individuals desiring access to...


granted promptly unless the record: (1) Was compiled in reasonable anticipation of a civil action or proceeding; or (2) Is contained in a system of records which has...


under the jurisdiction of another agency, individuals who have been notified that they are not entitled to notification of whether a system of records contains...


unless it is determined, in consultation with a medical doctor, that disclosure should be made to a medical doctor of the individual's choosing. (2) If it is...


accurate, relevant, timely or complete. 5 U.S.C. 552a(d)(2). A request for amendment of a record shall be submitted in accordance with the procedures in...


the Privacy Act Officer unless the system notice describing the system prescribes or permits submission to a different official or officials. If an individual wishes...


the accuracy, relevance, timeliness and completeness of the record shall be assessed against the criteria set out in Sec. 1008.4. (b) Authority to decide. A...


1008.20(c) shall be dispatched not later than ten working days after receipt of the petition by the Privacy Act Officer, unless a decision on the petition has been...


petition for amendment has been rejected in whole or in part, the individual submitting the petition may appeal the denial to the Executive Director. (b) Time for appeal....


Executive Director, in consultation with the General Counsel. (b) Time limit. (1) A final determination on any appeal shall be made within 30 working days after receipt of...


a petition for amendment, the individual submitting the petition may file with the Privacy Act Officer a concise written statement setting forth the reasons for disagreement...


Tort Claims Act (in part, 28 U.S.C. secs. 2401(b), 2671-2680, as amended by Pub. L. 89-506, 80 Stat. 306). The officers to whom authority is delegated to settle tort...


14.3 and 14.4. (b) Claims shall be filed directly with the Presidio Trust. (c) Upon receipt of a claim, the time and date of receipt shall be recorded. The claim shall...


[Code of Federal Regulations] [Title 36, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR1009.3] [Page 261] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER X--PRESIDIO TRUST PART 1009--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT--Table of Contents Sec. 1009.3 Denial of claims. Denial of a claim shall be communicated as provided by 28 CFR 14.9. ...


payment to the Presidio Trust. When an award over $2,500 is made, transmittal for payment will be made as prescribed by 28 CFR 14.10. (b) Prior to payment,...


employee who is personally named as a defendant in any civil suit in state or federal court or an arbitration proceeding or other proceeding seeking damages against a...


national policy, to protect and enhance the quality of the human environment; (b) Ensure that environmental factors and concerns are given appropriate consideration in...


for implementing the procedural provisions of the National Environmental Policy Act of 1969, as amended (NEPA), and otherwise to describe how the Trust intends to...


EA means an environmental assessment, as defined at 40 CFR 1508.9. EIS means an environmental impact statement, as defined at 40 CFR 1508.11. Project applicant means...


implementation and operation of the Trust's policies and procedures on environmental quality and control. The delegation of this responsibility shall not abrogate...


technical, financial, and other factors throughout the decision-making process. Most Trust projects have three distinct stages in the decision- making process: ...


whether the proposal is one that: [[Page 264]] (a) Normally does not require either an EA or an EIS; (b) Normally requires an EIS; or ...


in this paragraph have no significant effect, either individually or cumulatively, on the human environment and are therefore categorically excluded. Such...


Trust shall require the preparation of an EA to determine if the proposed action or project requires an EIS. Nevertheless, if it is readily apparent to the NEPA...


with 40 CFR 1501.7 and 1508.22. Where there is a lengthy period between the Trust's decision to prepare an EIS and the time of actual preparation, then at the discretion...


a categorical exclusion under Sec. 1010.7, the Trust will require, prepare, or direct the preparation of an EA. An EA should be prepared when the Trust has...


by the NEPA Compliance Coordinator to be required. The Trust will provide notice of such determinations in accordance with Sec. 1010.12. The Trust may prepare or...


that may have a significant environmental impact, opportunities for involvement, and availability of environmental documents will be provided through announcements in...


following procedures are established. (a) An environmental document (i.e., the EA, finding of no significant impact, EIS, or notice of intent), in addition to...


rehabilitation, or restoration of real property submitted by a project applicant to the Trust for its review, and which the decision-maker agrees to consider,...


Federal agencies, or where actions by the Trust and one or more Federal agencies are directly related to each other because of their functional interdependence...


for actions or projects significantly affecting the quality of the Presidio. In addition, upon request of the Trust, any other Federal, State, local, or tribal agency that...


to the fullest extent possible to reduce duplication between NEPA and State and local requirements. Such cooperation shall to the fullest extent possible include: ...




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