§ 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.

ished 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 means the voluntary relinquishment of property with no intent to retain possession.

Administrative activities means those activities conducted under the authority of the Presidio Trust for the purpose of safeguarding persons or property, implementing management plans and policies developed in accordance and consistent with the regulations in this chapter, or repairing or maintaining government facilities.

Airboat means a vessel that is supported by the buoyancy of its hull and powered by a propeller or fan above the waterline. This definition should not be construed to mean a "hovercraft," that is supported by a fan-generated air cushion.

Aircraft means a device that is used or intended to be used for human flight in the air, including powerless flight.

Archeological resource means material remains of past human life or activities that are of archeological interest and are at least 50 years of age. This term includes, but shall not be limited to, objects made or used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, or any portion or piece of the foregoing items, and the physical site, location or context in which they are found, or human skeletal materials or graves.

Authorized emergency vehicle means a vehicle in official use for emergency purposes by a Federal agency or an emergency vehicle as defined by State law.

Authorized person means an employee or agent of the Presidio Trust with delegated authority to enforce the provisions of this chapter.

Bicycle means every device propelled solely by human power upon which a

person or persons may ride on land,
having one, two, or more wheels, ex-
cept a manual wheelchair.

Board means the Board of Directors
of the Presidio Trust or its designee.

Boundary means the limits of lands
or waters administered by the Presidio
Trust as specified by Congress, or de-
noted by presidential proclamation, or
recorded in the records of a state or po-
litical subdivision in accordance with
applicable law, or published pursuant
to law, or otherwise published or post-
ed by the Presidio Trust.

Camping means the erecting of a tent
or shelter of natural or synthetic mate-
rial, preparing a sleeping bag or other
bedding material for use, parking of a
motor vehicle, motor home or trailer,
or mooring of a vessel for the apparent
purpose of overnight occupancy.

Carry means to wear, bear, or have on
or about the person.

Controlled substance means a drug or
other substance, or immediate pre-
cursor, included in schedules I, II, III,
IV, or V of part B of the Controlled
Substance Act (21 U.S.C. 812) or a drug
or substance added to these schedules
pursuant to the terms of the Act.

Cultural resource means material re-
mains of past human life or activities
that are of significant cultural interest
and are less than 50 years of age. This
term includes, but shall not be limited
to, objects made or used by humans,
such as pottery, basketry, bottles,
weapons, weapon projectiles, tools,
structures or portions of structures, or
any portion or piece of the foregoing
items, and the physical site, location,
or context in which they are found, or
human skeletal materials or graves.

Developed area means roads, parking
areas, picnic areas, campgrounds, or
other structures, facilities or lands lo-
cated within development and historic
zones depicted on the land manage-
ment and use map for the area admin-
istered by the Presidio Trust.

Downed aircraft means an aircraft
that cannot become airborne as a re-
sult of mechanical failure, fire, or acci-
dent.

Executive Director means the Execu-
tive Director of the Presidio Trust or
his or her designee.

Firearm means a loaded or unloaded
pistol, rifle, shotgun or other weapon

which is designed to, or may be readily
converted to, expel a projectile by the
ignition of a propellant.

Fish means any member of the sub-
classes Agnatha, Chondrichthyes, or
Osteichthyes, or any mollusk or crus-
tacean found in salt water.

Fishing means taking or attempting
to take fish.

Hunting means taking or attempting
to take wildlife, except trapping.

Legislative jurisdiction means lands
and waters under the exclusive or con-
current jurisdiction of the United
States.

Manual wheelchair means a device
that is propelled by human power, de-
signed for and used by a mobility-im-
paired person.

Motor vehicle means every vehicle
that is self-propelled and every vehicle
that is propelled by electric power, but
not operated on rails or upon water, ex-
cept a snowmobile and a motorized
wheelchair.

Motorcycle means every motor vehi-
cle having a seat for the use of the
rider and designed to travel on not
more than three wheels in contact with
the ground, but excluding a tractor.

Motorized wheelchair means a self-pro-
pelled wheeled device, designed solely
for and used by a mobility-impaired
person for locomotion, that is both ca-
pable of and suitable for use in indoor
pedestrian areas.

Net means a seine, weir, net wire, fish
trap, or other implement designed to
entrap fish, except a hand-held landing
net used to retrieve fish taken by hook
and line.

Nondeveloped area means all lands
and waters within the area adminis-
tered by the Presidio Trust other than
developed areas.

Operator means a person who oper-
ates, drives, controls, otherwise has
charge of or is in actual physical con-
trol of a mechanical mode of transpor-
tation or any other mechanical equip-
ment.

Pack animal means horses, burros,
mules or other hoofed mammals when
designated as pack animals by the Ex-
ecutive Director.

Permit means a written authorization
to engage in uses or activities that are
otherwise prohibited, restricted, or reg-
ulated.

Person means an individual, firm,
corporation, society, association, part-
nership, or private or public body.

Pet means a dog, cat or any animal
that has been domesticated.

Possession means exercising direct
physical control or dominion, with or
without ownership, over property, or
archeological, cultural or natural re-

sources.

Practitioner means a physician, den-
tist, veterinarian, scientific investi-
gator, pharmacy, hospital or other per-
son licensed, registered or otherwise
permitted by the United States or the
jurisdiction in which such person prac-
tices to distribute or possess a con-
trolled substance in the course of pro-
fessional practice.

Presidio Trust and Trust mean the
wholly-owned federal government cor-
poration created by the Presidio Trust
Act.

Presidio Trust Act means Title I of
Public Law 104-333, 110 Stat. 4097, as
the same may be amended.

Presidio Trust road means the main-
traveled surface of a roadway open to
motor vehicles, owned, controlled or
otherwise administered by the Presidio
Trust.

Printed matter means message-bearing
textual printed material such as books,
pamphlets, magazines and leaflets and
does not include other forms of mer-
chandise, such as posters, coffee mugs,
sunglasses, audio or videotapes, T-
shirts, hats, ties, shorts and other
clothing articles.

Public use limit means the number of
persons; number and type of animals;
amount, size and type of equipment,
vessels, mechanical modes of convey-
ance, or food/beverage containers al-
lowed to enter, be brought into, remain
in, or be used within a designated geo-
graphic area or facility; or the length
of time a designated geographic area or
facility may be occupied.

Refuse means trash, garbage, rubbish,
waste papers, bottles or cans, debris,
litter, oil, solvents, liquid waste, or
other discarded materials.

Services means, but is not limited to,
meals and lodging, labor, professional
services, transportation, admission to
exhibits, use of telephone or other util-
ities, or any act for which payment is
customarily received.

Smoking means the carrying of light-
ed cigarettes, cigars or pipes, or the in-
tentional and direct inhalation of
smoke from these objects.

Snowmobile means a self-propelled ve-
hicle intended for travel primarily on
snow, having a curb weight of not more
than 1000 pounds (450 kg), driven by a
track or tracks in contact with the
snow, and steered by a ski or skis in
contact with the snow.

State means a State, territory, or
possession of the United States.

State law means the applicable and
nonconflicting laws, statutes, regula-
tions, ordinances, infractions and codes
of the State(s) and political subdivi-
sion(s) within whose exterior bound-
aries the area administered by the Pre-
sidio Trust or a portion thereof is lo-
cated.

Take or taking means to pursue, hunt,
harass, harm, shoot, trap, net, capture,
collect, kill, wound, or attempt to do
any of the aforementioned.

Traffic means pedestrians, ridden or
herded animals, vehicles and other con-
veyances, either singly or together
while using any road, trail, street or
other thoroughfare for purpose of trav-
el.

Traffic control device means a sign,
signal, marking or other device placed
or erected by, or with the concurrence
of, the Executive Director for the pur-
pose of regulating, warning, guiding or
otherwise controlling traffic or regu-
lating the parking of vehicles.

Trap means a snare, trap, mesh, wire
or other implement, object or mechan-
ical device designed to entrap or kill
animals other than fish.

Trapping means taking or attempting
to take wildlife with a trap.

Underway means when a vessel is not
at anchor, moored, made fast to the
shore or docking facility, or aground.

Unloaded, as applied to weapons and
firearms, means that:

(1) There is no unexpended shell, car-
tridge, 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