land administered by the Forest Service.

(c) "Official use" means an employee, agent, or designated representative of the Federal Government or one of its contractors in the course of his employment, agency, or representation.

(d) "Trail" means a designated path or way of varying width which is commonly used by and maintained for hikers, horsemen, snow travelers, bicyclists or for motorized vehicles with a total width of 40 inches or less.

§ 295.3

Planning designation of areas and trails.

On National Forest System lands the continuing resource planning process will provide for designation of specific areas and trails for off-road vehicle use, use restrictions, and closures to any or all types of such use. This process will include coordination with appropriate Federal, State, and local agencies. The planning process will analyze and evaluate alternatives to enable decisions which best provide for the protection of the natural and historic resources, promotion of safety for all users, minimization of use conflicts, and accomplishment of all of the other resource objectives for National Forest System lands. Analysis and evaluation of off-road vehicles uses will take into consideration factors such as noise, safety, quality of the various recreational experiences provided, potential impacts on soil, watershed, vegetation, fish, wildlife, fish and wildlife habitat, and existing or proposed recreational uses of the same or neighboring lands. Regional Foresters and Forest Supervisors are authorized to designate areas and trails for off-road vehicles use, use restrictions, and closures to any or all types of such use.

[38 FR 26723, Sept. 25, 1973, as amended at 39 FR 10431, Mar. 20, 1974]

§ 295.4 Public participation.

The public shall be provided an opportunity to participate in the designation of areas and trails relating to offroad vehicle use. Advance notice will be given to allow review by the public of proposed designations or revisions of designations of any areas or trails for off-road vehicle use, for restrictions, or for closures to such use. Adequate time will be allowed for public response prior to any designations or revisions. In emergency situations, designation or revision of designation may be made without

Areas and trails may be marked with appropriate signs to control off-road vehicle use. All notices issued concerning the regulation of off-road vehicles shall be posted so as to reasonably bring them to the attention of the public, and a copy of the notice shall be kept available to the public in the offices of the District Rangers and Forest Supervisors. Information and maps will be published and distributed describing the conditions of use and the time periods when areas and trails are: (a) Open to off-road vehicle use, (b) restricted to certain types of off-road vehicle use, (c) closed to offroad vehicle use.

§ 295.6

Operating conditions.

The following acts are prohibited when off-road vehicles are operated on areas or trails of National Forest System lands:

(a) Operation without a valid operator's license or learner's permit if required by the laws of the State in which the vehicle is being operated for that particular type of off-road vehicle;

(b) Operation by an unlicensed person under 18 years of age unless accompanied by or within sight of a responsible adult who has a valid operators license if a license is required by the State for the type of vehicle being operated;

(c) Operation in a manner disregarding the rights and safety of others, or so as to endanger, or be likely to endanger, any person or property;

(d) Operation in excess of established speed limits;

(e) Operation while the operator is under the influence of alcohol or drugs;

(f) Operation in a manner creating excessive damage or disturbance of the land, wildlife, or vegetative resources;

(g) Operation not in conformance with applicable State laws and regulation requirements established for offroad vehicles;

(h) Operation when an internal combustion engine is not equipped with a properly installed muffler in good working condition;

(1) Operation when an internal or external combustion engine is not equipped with a properly installed spark arrester, provided that such equipment is speci

fied when an area or trail is designated for use by off-road vehicles. Such spark arrester shall meet and be qualified to either the Department of Agriculture, Forest Service Standard 5100-1a, or the 80 percent efficiency level when determined in accordance with the appropriate Society of Automotive Engineers (SAE) Recommended Practices J335 or J350. Qualification of spark arresters to either the Forest Service Standard of SAE Recommended Practices shall be determined by the Forest Service;

(j) Operation without an operable braking system;

(k) Operation from one-half hour after sunset to one-half hour before sunrise without working headlights and taillight;

(1) Operation which does not comply with:

(1) Any applicable noise emission standard established by the Administrator, Environmental Protection Agency, under authority of section 6 of the Noise Control Act of 1972 (Pub. L. 92-574);

(2) Any applicable U.S. Department of Agriculture or State standards for permissible levels of environmental noise. In case of overlapping standards, the most stringent standards will govern. [39 FR 10431, Mar. 20, 1974]

§ 295.7 Restricted and prohibited use. Except as provided in § 295.8, and except for use in connection with mining

activities under the provisions of the General Mining Act of 1872, the use of off-road vehicles is prohibited in areas and trails on National Forest System lands during any period when such areas and trails have been closed to vehicles or certain types of vehicles pursuant to these regulations.

§ 295.8

Off-road vehicle permit.

Use of off-road vehicles on National Forest System lands where the use of off-road vehicles is prohibited may be allowed for official use or with prior authorization by means of an Off-Road Vehicle permit. Off-Road Vehicle permits may be issued by the Chief or authorized official of the Forest Service, and such permits will be for a specific area, conditions of use, and a definite period of time. Off-Road Vehicle permits shall be revocable for violation of the rules and regulations governing the National Forests.

§ 295.9 Monitoring effects of off-road vehicle use.

The effects of off-road vehicle use on National Forest System lands will be monitored by the Forest Service. Designation, use restrictions, and operating conditions wil be revised as needed to meet changing conditions.

PARTS 296-299 [RESERVED]

Sec. 213.19

313.20 313.21

Abandonment of personal property.
Discriminatory practices prohibited.
Recreation use fees.

313.22 Violation of rules and regulations.

AUTHORITY: The provisions of this Part 313 issued under sec. 4. 58 Stat. 889, as amended; 16 U.S.C. 460d, unless otherwise noted.

SOURCE: The provisions of this Part 313 appear at 30 F.R. 4610, Apr. 9, 1965, unless otherwise noted.

§ 313.0 Determination of the Secretaries.

The Secretary of the Army and the Secretary of Agriculture, having determined that the use of the following water resource development projects by the general public for boating, swimming, bathing, fishing, and other recreational purposes, will not be contrary to the public interest, and will not be inconsistent with the operation and maintenance of the projects for their primary purposes, hereby prescribe the following rules and regulations for public use of the following water resource projects pursuant to the provisions of section 4 of the Act of Congress approved December 22, 1944 (58 Stat. 889; 16 U.S.C. 460d) as amended by the Flood Control Act of 1946 (60 Stat. 641) and section 209 of the Flood Control Act of 1954 (68 Stat. 1266) and further amended on October 23, 1962, by section 207 of Public Law 87874 (76 Stat. 1195) and the Act of June 4, 1897 (16 U.S.C. 475, 551) as supplemented by Public Law 86-517 (74 Stat. 215); Land and Water Conservation Act of 1965 (78 Stat 897).

The regulations contained in this part shall be applicable to: Sam Rayburn Reservoir Area, Angelina River, Tex. § 313.2 Division of authority.

The Corps of Engineers, Department of the Army, is responsible for the operation and maintenance of the projects listed In this part for all the primary purposes for which they were constructed. However, since the projects are partially located on lands under the jurisdiction of the US. Forest Service, Department of Agriculture, the recreation and public use program will be accomplished under a joint venture between the two agencies operating under their respective laws and regulations and in accordance with a memorandum of understanding consummated between the District Engineer and the Regional Forester. The Corps of En

gineers will have jurisdiction over all activities conducted in or on the impounded water, except those activities which by mutual agreement will be handled by the Forest Supervisor. The District Engineer will have jurisdiction over Corps of Engineers land in the project area not assigned to the National Forests and any National Forest lands specifically assigned to the Corps of Engineers. The Forest Supervisor will have jurisdiction of National Forest lands in the project area not assigned to the Corps of Engineers and any Corps of Engineers lands specifically assigned to the Forest Service. Activities in and on the project lands which affect the Jurisdiction of either agency will be managed in accordance with mutually agreed upon rules and regulations. The project areas over which these rules and regulations apply will include all lands as mutually agreed to between representatives of the Corps of Engineers and the Forest Service. These lands are described as follows:

(a) All project lands acquired in fee title by the Corps of Engineers.

(b) Lands acquired in fee title by the Forest Service as follows:

(1) All lands located in the reservoir area below the upper guide contour, or backwater elevation, whichever is higher, and any land designated or developed for public access and use in conjunction with this project which may be located above the aforementioned elevations.

(2) Downstream from the dam and required for the construction, operation and maintenance of the dam and the appurtenant structures, including any land designated or developed for public access and use in conjunction with the project. § 313.3 Boats, commercial.

No boat, barge or other vessel shall be placed upon or operated upon any water of the reservoirs for a fee or profit, either as a direct charge to a second party or as an incident to other services provided to the second party, except as specifically authorized by a permit issued by the Corps of Engineers and by a lease, license, or concession contract with the Army or Agriculture Departments.

§ 313.4 Boats and other vessels, private.

(a) The operation of boats, cruising houseboats, cabin cruisers, and other vessels on the reservoir for fishing and recreational use is permitted except in prohibited areas designated by the District Engineer in charge of the reservoir