Forest closure orders

Introduction

Temporary closure orders are often used to close areas of National Forests, including canyons. This has especially been the case with Eaton Canyon and Tar Creek. This page provides information about these orders researched by private individuals, but is NOT legal advice.

Description

Under 36 CFR 261, the Forest Service may issue an Order to close a particular area. This Order must be posted in certain ways to bring attention to the public, though it is unclear whether an Order not posted in this way is nevertheless valid. There are specific, enumerated reasons an Order may use to justify a closure. The most commonly-used ones seem to be protection of species and public health and safety, though there is a simple prohibition available for being in a wilderness.

Penalties

The penalty for violation of an order under 36 CFR 261 seems to be $500 or 6 months in jail "unless otherwise provided". It is common for closure orders to assert a penalty of $5,000 for an individual or $10,000 for an organization, or 6 months in jail referencing 16 USC 551, 18 USC 3559, 18 USC 3571, and 18 USC 3581. 16 USC 551 specifically says $500 or 6 months, in agreement with 36 CFR 261, and in contradiction to Orders commonly written. 18 USC 3559(a)(7) classifies any offense not explicitly classified as a class B misdemeanor if the imprisonment penality is betwee 30 days and 6 months, so a violation of 36 CFR 261 would seem to be a class B misdemeanor. 18 USC 3581(b) and (c) set the maximum fine for class B misdemeanors in general to $5,000 for an individual or $10,000 for an organization. Because 36 CFR 261 does not "by specific reference, [exempt] the offense from the applicability of the fine otherwise applicable under [18 USC 3581]", the exception in 36 CFR 261(e) does not seem to apply and therefore the higher values of $5,000 and $10,000 may be imposed.

History

Regulation T-9

Regulation T-9 was first created in 1936, but does not seem to have prohibited any activity related to canyoneering at that first establishment. It was later updated in 1937 to say that people are not allowed in closed areas, and the closed areas should have notices posted on trails and roads leading into the area. In 1939, it was updated to prohibit occupancy of land in violation of Regulation U-6 (36 CFR 251.25). That regulation was listed on the same Federal Register page and said:

Occupancy and use of national forest land shall be permitted only upon compliance with reasonable conditions looking to the promotion of public health, welfare, safety, or convenience. Public notices shall be posted by the forest supervisor, setting forth such conditions with respect to any areas on which special restrictions should be imposed.

In 1941, Regulation T-9 (now captured in 36 CFR 261) was again amended to include a prohibition against being in an area closed by the regional forester. Regulation T-9 has been codified into 36 CFR 261^{[citation needed]}.