Code of Federal Regulations Title 36 - Parks, Forests, and Public Property
Title 36 of the Code of Federal Regulations (CFR) – Parks, Forests, and Public Property – contains the rules and regulations issued by various federal agencies regarding the management, use, and protection of federal lands and public property in the United States. Its purpose is to ensure the preservation of natural, cultural, and historic resources while providing for public enjoyment and responsible use.
This title is administered by a number of different federal entities, each responsible for specific types of public lands or property. Here are the main chapters and the agencies that administer them:
Chapter I: National Park Service, Department of the Interior This is one of the most substantial parts of Title 36. The National Park Service (NPS) manages all units of the National Park System, including national parks, monuments, preserves, historic sites, battlefields, and more. Their regulations cover:
General Provisions (Part 1): Purpose, applicability, penalties for violations, terms, public use limits, and permits.
Resource Protection, Public Use, and Recreation (Part 2): Rules regarding preservation of natural and cultural resources, wildlife protection, fishing, weapons, disposal of waste, special events, demonstrations, and various recreational activities (e.g., camping, picnicking, fires).
Boating and Water Use Activities (Part 3): Regulations for boats, personal watercraft, water skiing, and other water-based activities within park units.
Vehicles and Traffic Safety (Part 4): Rules for vehicle operations, parking, and traffic control.
Commercial and Private Operations (Part 5): Regulations for businesses operating within parks (e.g., concessioners, tour operators), including permits and fees.
Special Regulations for Specific Areas (Part 7): This is a very extensive part with specific rules tailored to individual national parks, monuments, or other units, addressing unique local conditions or issues (e.g., specific rules for Yellowstone National Park, Yosemite, or national memorials).
Historic Preservation: Regulations related to the National Register of Historic Places (Part 60), procedures for State, Tribal, and local government historic preservation programs (Part 61), National Historic Landmarks Program (Part 65), and the Secretary of the Interior's Standards for the Treatment of Historic Properties (Part 68).
Archaeological Collections: Rules for the curation of federally owned or administered archeological collections (Part 79).
Concession Contracts (Part 51): Rules for managing contracts with private companies that provide visitor services within parks.
Chapter II: Forest Service, Department of Agriculture The Forest Service manages national forests and grasslands. Their regulations in Title 36 focus on various aspects of forest management and public use:
Administration (Part 200s): General rules for the administration of national forests.
Land Management Planning (Part 219): Rules for developing and revising land and resource management plans for national forests.
Range Management (Part 222): Regulations for grazing livestock on national forest lands.
Timber (Part 223): Rules governing the sale and harvesting of timber from national forests.
Minerals (Part 228): Regulations for mining and mineral exploration on national forest lands.
Special Uses (Part 251): Rules for various special uses of forest land, such as rights-of-way, recreation permits, and communication sites.
Law Enforcement (Part 261): Prohibitions and penalties for violating Forest Service regulations.
Recreation (Part 290s): Rules for recreation uses, including camping, off-highway vehicles, and recreational events.
Chapter III: Corps of Engineers, Department of the Army The U.S. Army Corps of Engineers (USACE) manages civil works projects like dams, flood control projects, and navigable waterways, often including associated recreation areas.
Navigation Regulations: Rules pertaining to the operation and maintenance of navigable waters and structures.
Real Estate: Regulations for managing real estate under USACE control.
Rules for Public Use: Regulations for recreation areas, including conduct, permits, and restrictions on activities.
Chapter IV: American Battle Monuments Commission This commission is responsible for commemorating the service, achievements, and sacrifices of U.S. armed forces where they have served overseas.
General Activities (Part 401): Regulations for the Commission's operations, including procedures for erecting monuments and markers.
Public Use of Memorials: Rules for the respectful use and visitation of American military cemeteries and memorials abroad.
Chapter V: Smithsonian Institution The Smithsonian Institution is a group of museums and research centers.
Rules and Regulations (Part 504): General rules for the use of Smithsonian buildings and grounds, including public conduct and access.
National Zoo: Specific regulations for the National Zoological Park (Part 520).
Chapter VII: Library of Congress
Rules and Regulations (Part 701): Governing public use and conduct on the Library of Congress grounds.
Chapter VIII: Advisory Council on Historic Preservation This independent federal agency advises the President and Congress on historic preservation matters.
Procedures for the Protection of Historic Properties (Part 800): This is a critical regulation that outlines the Section 106 review process, which requires federal agencies to consider the effects of their undertakings on historic properties.
Chapter IX: Pennsylvania Avenue Development Corporation (Repealed) This agency was responsible for redeveloping Pennsylvania Avenue in Washington D.C. Its regulations are largely historical as the corporation was dissolved.
Chapter X: Presidio Trust
General Regulations (Part 1001): Rules for the management and use of the Presidio National Park in San Francisco, which is managed by the Presidio Trust.
Chapter XI: Architectural and Transportation Barriers Compliance Board (Access Board)
Americans with Disabilities Act (ADA) Accessibility Guidelines: This board develops accessibility guidelines for buildings, facilities, and transportation, which are then enforced by other agencies. Their regulations in Title 36 provide the technical specifications for accessibility.
Chapter XII: National Archives and Records Administration (NARA) NARA is responsible for preserving and making available the historically valuable records of the U.S. government.
General Rules (Part 1200s): Regulations for access to federal records, security classifications, and the management of government information.
Records Management: Rules for federal agencies on how to manage their records effectively.
Chapter XV: Oklahoma City National Memorial Trust
General Regulations (Part 1500): Rules for the management and use of the Oklahoma City National Memorial.
In essence, Title 36 CFR provides the detailed legal framework for the administration, protection, and public use of the vast network of parks, forests, historic sites, and other public properties managed by the federal government, ensuring their preservation for present and future generations.
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