Rando
Who proposes new regulations?
Agencies like the NPS (as opposed to Congress)
Registration/tag requirement for vechicles
Adopted
Section 1 CFR
General provisions and definitions
On a private inholding:
Charge someone for killing a bear, if doing so is illegal in the park?
Underage drinking?
They are drunk and standing near the road, but on their private inholding, flipping off cars and running around acting like idiots and passerbys are stopping in the road tryign to figure out what to do.
What if this is a proprietary jurisdiction park?
Yes, this one applies regardless of land ownership.
Drinking, no this does not apply on private inholding.
These facts probably arise to disorderly conduct, which applies regardless of landownership.
Answers are the same in proprietary .. it makes no difference.
Camping out of bounds in GRSM NP?
6 months/ $5,000 fine max
Where are proposed regulations published?
The Federal Register.
Adopt state law
Section 2 CFR
Resource protection, public use, and recreation
Break up a group of 20 people who are protesting the new parking pass requirement at GRSM NP within the demonstration zone at Newfound Gap? They are handing out "business cards" with a QR code that sends people to their Instagram page, which has lots of rude memes. None of them have parking passes of course, which is a new requirement but they tell you they walked into the park.
Same facts but it is starting to snow and you determine the road will need to be closed soon.
You can't break this up. It's within the "first amendment" zone, and handing out printed matter is ok under these facts.
If they do not have parking permits, that is an offense. If they lied about walking in, that is a separate offense.
You can break up the demonstration for public safety.
What body of law gives the penalty for charging someone with possession of drug paraphernalia?
State law, because this is assimilated.
This two word phrase describes the process for proposing new regulations
Notice & Comment (aka Notice and Comment rulemaking)
Can I use my jet ski?
Neither. 36 CFR 3.9 addresses this directly. You can only use a jet ski in certain parks and there are conditions.
Section 3 CFR
Boating and water
Yes, although they have fewer than 25 people, it is not likely at all that the maintenance fuel tank area is designated as an area available for demonstrations.
The Harrah's Cherokee Casino sends its limo to Newfound Gap four a sightseeing tour. Is this allowed? If not, what body of law supplies the penalty?
No, it falls under 36 CFR 5.6 so the CFR penalty applies.
Adopting
Reckless driving?
Adopt state law (see 36 CFR 4.22)
Section 4 CFR
Vehicles and traffic safety
Inside a small historic site that is proprietary jurisdiction, charge someone for stealing a lantern at the campground?
Charge someone for stealing a car?
Charge someone with a state law offense of grand theft auto?
Yes
Yes, 2.30 applies to stealing a car, but the penalty is a little weak.
No, even though this better applies to stealing a car. You can't because it's proprietary and you can only assimilate in SMTJ.
You are charging someone with the a state law crime for DUI while a minor is in the car. Does 36 CFR penalty apply, or state law penalty?
State law because this is assimilated.
Is the speed limit in the park adopted from state law, assimilated, neither, or what?
Neither. 36 CFR 4.21 says the speed limit in a park is 45 MPH except in school zones or in construction zones.
Unsafe operation?
Neither. It's covered directly in 36 CFR 4.22.
Section 7 CFR
Special rules for certain areas
You come across a car in a ditch, driver is ok but so intoxicated he doesn't know anything. You arrest him and take him to the county jail. You have probable cause he was drunk but he refuses to submit to a breathalyzer at the jail. Is there a CFR that applies to the refusal? Can you charge him?
It is debatable but in this exact fact pattern, his refusal took place outside the park. If possible, it would be a good idea to document that his refusal took place inside the park.
Read 36 CFR 4.22(a). Does state law control the penalty of reckless driving or is the penalty the standard 36 CFR Penalty?
It's the 36 CFR penalty. The Reckless driving law has been adopted, not assimilated, so 36 CFR applies.