---
kind: "section"
citation: "43 C.F.R. § 423.61"
title: "43"
number: "423.61"
heading: "Notifying the public of special use areas."
url: "https://uscodex.org/cfr/43/423.61"
---

# §423.61. Notifying the public of special use areas.


When establishing, revising, or terminating a special use area, Reclamation must notify the public as required by this section.

- (a) **What notices must contain.** The notice must specify: (1) The location of the special use area; and
  - (2) The public use limits, conditions, restrictions, allowances, or prohibitions on uses and activities that are to be applied to the area or that are to be revised or terminated.
- (b) **How notice must be made.** Reclamation must notify the public at least 15 days before the action takes place by one or more of the following methods:
  - (1) Signs posted at conspicuous locations, such as normal points of entry and reasonable intervals along the boundary of the special use area;
  - (2) Maps available in the local Reclamation office and other places convenient to the public;
  - (3) Publication in a newspaper of general circulation in the affected area; or
  - (4) **Other appropriate methods, such as the use of electronic media, brochures, and handouts.**
- (c) **When notice may be delayed.**
  - (1) Notice under this section may be delayed in an emergency or situation of immediate need where delaying designation, revision, or termination of a special use area would result in significant risk to:
    - (i) National security;
    - (ii) The safety or security of a Reclamation facility, Reclamation employees, or the public; or
    - (iii) **The natural or cultural environment.**
  - (2) If the exception in [paragraph (c)(1)](#c-1) of this section applies, Reclamation must comply with [paragraph (b)](#b) of this section within 30 days after the effective date of the designation.
  - (3) Failure to meet the notice deadlines in paragraphs [(b)](#b) or [(c)(2)](#c-2) of this section will not invalidate an action, so long as Reclamation meets the remaining notification requirements of this section.
- (d) **When advance notice is not required.** Advance notice as described in [paragraph (b)](#b) of this section is not required if all the following conditions are met:
  - (1) The action will not result in a significant change in the public use of the area;
  - (2) The action will not adversely affect the area's natural, esthetic, scenic, or cultural values;
  - (3) The action will not require a long-term or significant modification in the resource management objectives of the area; and
  - (4) **The action is not highly controversial.**

## Notes

### Authority

Authority: 43 U.S.C. 373a and 373b.

### Source

Source: 73 FR 75349, Dec. 11, 2008, unless otherwise noted.