[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1999 Edition]
[From the U.S. Government Printing Office]


          36



          Parks, Forests, and Public Property



[[Page i]]

          PARTS 1 TO 199

                         Revised as of July 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JULY 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 36:

          Chapter I--National Park Service, Department of the 
          Interior............................................       3

  Finding Aids:

      Table of CFR Titles and Chapters........................     395

      Alphabetical List of Agencies Appearing in the CFR......     413

      List of CFR Sections Affected...........................     423



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  36 CFR 1.1 refers 
                       to title 36, part 1, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 1999), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
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Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the Privacy Act Compilation are available 
in electronic format at www.access.gpo.gov/nara (``GPO Access''). For 
more information, contact Electronic Information Dissemination Services, 
U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 
(toll-free). E-mail, gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public

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law numbers, Federal Register finding aids, and related information. 
Connect to NARA's web site at www.nara.gov/fedreg. The NARA site also 
contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 1999.



[[Page ix]]



                               THIS TITLE

    Title 36--Parks, Forests, and Public Property is composed of three 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1 to 199, parts 200 to 299, and part 300 to end. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of July 1, 1999.

    Redesignation tables appear in the Finding Aids section of the third 
volume.

    For this volume, Carol Conroy was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

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[[Page 1]]



              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY




                   (This book contains parts 1 to 199)

  --------------------------------------------------------------------
                                                                    Part

Chapter I--National Park Service, Department of the Interior....       1

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     CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR



  --------------------------------------------------------------------
Part                                                                Page
1               General provisions..........................           5
2               Resource protection, public use and 
                    recreation..............................          17
3               Boating and water use activities............          32
4               Vehicles and traffic safety.................          34
5               Commercial and private operations...........          38
6               Solid waste disposal sites in units of the 
                    National Park System....................          42
7               Special regulations, areas of the National 
                    Park System.............................          50
8               Labor standards applicable to employees of 
                    National Park Service concessioners.....         138
9               Minerals management.........................         140
10              Disposal of certain wild animals............         164
11              Arrowhead and Parkscape Symbols.............         165
12              National cemetery regulations...............         165
13              National Park System units in Alaska........         170
14              Rights-of-way...............................         201
17              Conveyance of freehold and leasehold 
                    interests on lands of the National Park 
                    System..................................         217
18              Leases and exchanges of historic property...         220
20              Isle Royale National Park; commercial 
                    fishing.................................         225
21              Hot Springs National Park; bathhouse 
                    regulations.............................         226
25              National military parks; licensed guide 
                    service regulations.....................         227
27              Cape Cod National Seashore; zoning standards         229
28              Fire Island National Seashore: zoning 
                    standards...............................         231
30              Whiskeytown-Shasta-Trinity National 
                    Recreation Area: Zoning standards for 
                    Whiskeytown unit........................         240
34              El Portal Administrative Site regulations...         244
51              Concession contracts and permits............         247
59              Land and Water Conservation Fund program of 
                    assistance to States; post-completion 
                    compliance responsibilities.............         252
60              National Register of Historic Places........         255

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61              Procedures for State, Tribal, and local 
                    government historic preservation 
                    programs................................         271
62              National Natural Landmarks Program..........         278
63              Determinations of eligibility for inclusion 
                    in the National Register of Historic 
                    Places..................................         288
64              Grants and allocations for recreation and 
                    conservation use of abandoned railroad 
                    rights-of-way...........................         291
65              National Historic Landmarks Program.........         298
67              Historic preservation certifications 
                    pursuant to Sec. 48(g) and Sec. 170(h) 
                    of the Internal Revenue Code of 1986....         308
68              The Secretary of the Interior's standards 
                    for the treatment of historic properties         326
71              Recreation fees.............................         328
72              Urban Park and Recreation Recovery Act of 
                    1978....................................         338
73              World Heritage Convention...................         366
74-77           [Reserved]
78              Waiver of Federal agency responsibilities 
                    under section 110 of the National 
                    Historic Preservation Act...............         373
79              Curation of federally-owned and administered 
                    archaeological collections..............         375
80-199          [Reserved]

  Editorial Notes: 1. Other regulations issued by the Department of the 
Interior appear in title 25; title 30; title 36; title 41; title 43; 
title 48; and title 50.

  2. Nomenclature changes to chapter I appear at 60 FR 55790, Nov. 3, 
1995; 61 FR 28505, June 5, 1996; and at 62 FR 30234, June 3, 1997.

[[Page 5]]



PART 1--GENERAL PROVISIONS--Table of Contents




Sec.
1.1  Purpose.
1.2  Applicability and scope.
1.3  Penalties.
1.4  Definitions.
1.5  Closures and public use limits.
1.6  Permits.
1.7  Public notice.
1.8  Information collection.
1.10  Symbolic signs.

    Authority: 16 U.S.C. 1, 3, 9a, 460 l-6a(e), 462(k); D.C. Code 8-137, 
40-721 (1981).

    Source: 48 FR 30275, June 30, 1983, unless otherwise noted.



Sec. 1.1  Purpose.

    (a) The regulations in this chapter provide for the proper use, 
management, government, and protection of persons, property, and natural 
and cultural resources within areas under the jurisdiction of the 
National Park Service.
    (b) These regulations will be utilized to fulfill the statutory 
purposes of units of the National Park System: to conserve scenery, 
natural and historic objects, and wildlife, and to provide for the 
enjoyment of those resources in a manner that will leave them unimpaired 
for the enjoyment of future generations.



Sec. 1.2  Applicability and scope.

    (a) The regulations contained in this chapter apply to all persons 
entering, using, visiting, or otherwise within:
    (1) The boundaries of federally owned lands and waters administered 
by the National Park Service;
    (2) The boundaries of lands and waters administered by the National 
Park Service for public-use purposes pursuant to the terms of a written 
instrument;
    (3) Waters subject to the jurisdiction of the United States located 
within the boundaries of the National Park System, including navigable 
waters and areas within their ordinary reach (up to the mean high water 
line in places subject to the ebb and flow of the tide and up to the 
ordinary high water mark in other places) and without regard to the 
ownership of submerged lands, tidelands, or lowlands;
    (4) Lands and waters in the environs of the District of Columbia, 
policed with the approval or concurrence of the head of the agency 
having jurisdiction or control over such reservations, pursuant to the 
provisions of the Act of March 17, 1948 (62 Stat. 81);
    (5) Other lands and waters over which the United States holds a 
less-than-fee interest, to the extent necessary to fulfill the purpose 
of the National Park Service administered interest and compatible with 
the nonfederal interest.
    (b) The regulations contained in parts 1 through 5, part 7, and part 
13 of this chapter do not apply on non-federally owned lands and waters 
or on Indian tribal trust lands located within National Park System 
boundaries, except as provided in paragraph (a) or in regulations 
specifically written to be applicable on such lands and waters.
    (c) The regulations contained in part 7 and part 13 of this chapter 
are special regulations prescribed for specific park areas. Those 
regulations may amend, modify, relax or make more stringent the 
regulations contained in parts 1 through 5 and part 12 of this chapter.
    (d) The regulations contained in parts 2 through 5, part 7, and part 
13 of this section shall not be construed to prohibit administrative 
activities conducted by the National Park Service, or its agents, in 
accordance with approved general management and resource management 
plans, or in emergency operations involving threats to life, property, 
or park resources.
    (e) 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.

[51 FR 37010, Oct. 17, 1986, as amended at 52 FR 10683, Apr. 2, 1987; 52 
FR 35239, Sept. 18, 1987; 61 FR 35136, July 5, 1996]



Sec. 1.3  Penalties.

    (a) A person convicted of violating a provision of the regulations 
contained in parts 1 through 7, 12 and 13 of this chapter, within a park 
area not covered in paragraphs (b) or (c) of this section, shall be 
punished by a fine as provided

[[Page 6]]

by law, or by imprisonment not exceeding 6 months, or both, and shall be 
adjudged to pay all costs of the proceedings.
    (b) A person who knowingly and will- fully violates any provision of 
the regulations contained in parts 1 through 5, 7 and 12 of this 
chapter, within any national military park, battlefield site, national 
monument, or miscellaneous memorial transferred to the jurisdiction of 
the Secretary of the Interior from that of the Secretary of War by 
Executive Order No. 6166, June 10, 1933, and enumerated in Executive 
Order No. 6228, July 28, 1933, shall be punished by a fine as provided 
by law, or by imprisonment for not more than 3 months, or by both.
    Note: These park areas are enumerated in a note under 5 U.S.C. 901.
    (c) A person convicted of violating any provision of the regulations 
contained in parts 1 through 7 of this chapter, within a park area 
established pursuant to the Act of August 21, 1935, 49 Stat. 666, shall 
be punished by a fine as provided by law and shall be adjudged to pay 
all costs of the proceedings. 16 U.S.C. 462.
    (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of 
this section, a person convicted of violating Sec. 2.23 of this chapter 
shall be punished by a fine as provided by law. 16 U.S.C. 460.

[61 FR 2918, Jan. 30, 1996]



Sec. 1.4  Definitions.

    (a) 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 National Park Service 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 National Park 
Service 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, except a manual wheelchair.
    Boundary means the limits of lands or waters administered by the 
National Park Service as specified by Congress, or denoted by 
presidential proclamation, or recorded in the records of a state or 
political subdivision in accordance with applicable law, or published 
pursuant to law, or otherwise published or posted by the National Park 
Service.
    Camping means the erecting of a tent or shelter of natural or 
synthetic material, 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 
precursor, 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

[[Page 7]]

or substance added to these schedules pursuant to the terms of the Act.
    Cultural resource means material remains 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 located within 
development and historic zones depicted on the park area land management 
and use map.
    Director means the Director of the National Park Service.
    Downed aircraft means an aircraft that cannot become airborne as a 
result of mechanical failure, fire, or accident.
    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 subclasses Agnatha, Chondrichthyes, or 
Osteichthyes, or any mollusk or crustacean 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 concurrent jurisdiction of the United States.
    Manual wheelchair means a device that is propelled by human power, 
designed for and used by a mobility-impaired person.
    Motorcycle means every motor vehicle having a seat for the use of 
the rider and designed to travel on not more that three wheels in 
contact with the ground, but excluding a tractor.
    Motorized wheelchair means a self-propelled wheeled device, designed 
solely for and used by a mobility-impaired person for locomotion, that 
is both capable of and suitable for use in indoor pedestrian areas.
    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, except a snowmobile and a motorized wheelchair.
    National Park System (Park area) means any area of land and water 
now or hereafter administered by the Secretary of the Interior through 
the National Park Service for park, monument, historic, parkway, 
recreational, or other purposes.
    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 park areas other 
than developed areas.
    Operator means a person who operates, drives, controls, otherwise 
has charge of or is in actual physical control of a mechanical mode of 
transportation or any other mechanical equipment.
    Other Federal reservations in the environs of the District of 
Columbia means Federal areas, which are not under the administrative 
jurisdiction of the National Park Service, located in Arlington, 
Fairfax, Loudoun, Prince William, and Stafford Counties and the City of 
Alexandria in Virginia and Prince Georges, Charles, Anne Arundel, and 
Montgomery Counties in Maryland, exclusive of military reservations, 
unless the policing of military reservations by the U.S. Park Police is 
specifically requested by the Secretary of Defense or a designee 
thereof.
    Pack animal means horses, burros, mules or other hoofed mammals when 
designated as pack animals by the superintendent.
    Park area. See the definition for National Park System in this 
section.
    Park road means the main-traveled surface of a roadway open to motor 
vehicles, owned, controlled or otherwise administered by the National 
Park Service.
    Permit means a written authorization to engage in uses or activities 
that are otherwise prohibited, restricted, or regulated.

[[Page 8]]

    Person means an individual, firm, corporation, society, association, 
partnership, 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 resources.
    Practitioner means a physician, dentist, veterinarian, scientific 
investigator, pharmacy, hospital or other person licensed, registered or 
otherwise permitted by the United States or the jurisdiction in which 
such person practices to distribute or possess a controlled substance in 
the course of professional practice.
    Public use limit means the number of persons; number and type of 
animals; amount, size and type of equipment, vessels, mechanical modes 
of conveyance, or food/beverage containers allowed to enter, be brought 
into, remain in, or be used within a designated geographic 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.
    Regional Director means the official in charge of a geographic area 
of the National Park Service.
    Secretary means the Secretary of the Interior.
    Services means, but is not limited to, meals and lodging, labor, 
professional services, transportation, admission to exhibits, use of 
telephone or other utilities, or any act for which payment is 
customarily received.
    Smoking means the carrying of lighted cigarettes, cigars or pipes, 
or the intentional and direct inhalation of smoke from these objects.
    Snowmobile means a self-propelled vehicle 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 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, 
regulations, ordinances, infractions and codes of the State(s) and 
political subdivision(s) within whose exterior boundaries a park area or 
a portion thereof is located.
    Superintendent means the official in charge of a park area or an 
authorized representative thereof.
    Take or taking means to pursue, hunt, harass, harm, shoot, trap, 
net, capture, collect, kill, wound, or attempt to do any of the above.
    Traffic means pedestrians, ridden or herded animals, vehicles, and 
other conveyances, either singly or together while using any road, 
trail, street or other thoroughfare for purpose of travel.
    Traffic control device means a sign, signal, marking or other device 
placed or erected by, or with the concurrence of, the Superintendent for 
the purpose of regulating, warning, guiding or otherwise controlling 
traffic or regulating the parking of vehicles.
    Trap means a snare, trap, mesh, wire or other implement, object or 
mechanical 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, cartridge, 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 a missile or similar device by means of a loading or 
discharging mechanism, when that loading or discharging mechanism is not 
charged or drawn.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported or drawn on land, except snowmobiles 
and devices moved by human power or used exclusively upon stationary 
rails or track.
    Vessel means every type or description of craft, other than a 
seaplane on the water, used or capable of being used as a means of 
transportation on

[[Page 9]]

water, including a buoyant device permitting or capable of free 
flotation.
    Weapon means a firearm, compressed gas or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, speargun, hand-thrown spear, 
slingshot, irritant gas device, explosive device, or any other implement 
designed to discharge missiles, and includes a weapon the possession of 
which is prohibited under the laws of the State in which the park area 
or portion thereof is located.
    Wildlife means any member of the animal kingdom and includes a part, 
product, egg or offspring thereof, or the dead body or part thereof, 
except fish.
    (b) In addition to the definitions in paragraph (a), for the purpose 
of the regulations contained in parts 3 and 7 of this chapter, the 
definitions pertaining to navigation, navigable waters and shipping 
enumerated in title 14 United States Code, title 33 Code of Federal 
Regulations, title 46 Code of Federal Regulations, title 49 Code of 
Federal Regulations, the Federal Boating Safety Act of 1971, and the 
Inland Navigational Rules Act of 1980, shall apply for boating and water 
activities.

[48 FR 30275, June 30, 1983, as amended at 49 FR 18449, Apr. 30, 1984; 
51 FR 37011, Oct. 17, 1986; 52 FR 10683, Apr. 2, 1987; 60 FR 55790, Nov. 
3, 1995; 61 FR 35136, July 5, 1996; 62 FR 30234, June 3, 1997]



Sec. 1.5  Closures and public use limits.

    (a) Consistent with applicable legislation and Federal 
administrative policies, and based upon a determination that such action 
is necessary for the maintenance of public health and safety, protection 
of environmental or scenic values, protection of natural or cultural 
resources, aid to scientific research, implementation of management 
responsibilities, equitable allocation and use of facilities, or the 
avoidance of conflict among visitor use activities, the superintendent 
may:
    (1) Establish, for all or a portion of a park area, a reasonable 
schedule of visiting hours, impose public use limits, or close all or a 
portion of a park area to all public use or to a specific use or 
activity.
    (2) Designate areas for a specific use or activity, or impose 
conditions or restrictions on a use or activity.
    (3) Terminate a restriction, limit, closure, designation, condition, 
or visiting hour restriction imposed under paragraph (a)(1) or (2) of 
this section.
    (b) Except in emergency situations, a closure, designation, use or 
activity restriction or condition, or the termination or relaxation of 
such, which is of a nature, magnitude and duration that will result in a 
significant alteration in the public use pattern of the park area, 
adversely affect the park's natural, aesthetic, scenic or cultural 
values, require a long-term or significant modification in the resource 
management objectives of the unit, or is of a highly controversial 
nature, shall be published as rulemaking in the Federal Register.
    (c) Except in emergency situations, prior to implementing or 
terminating a restriction, condition, public use limit or closure, the 
superintendent shall prepare a written determination justifying the 
action. That determination shall set forth the reason(s) the 
restriction, condition, public use limit or closure authorized by 
paragraph (a) has been established, and an explanation of why less 
restrictive measures will not suffice, or in the case of a termination 
of a restriction, condition, public use limit or closure previously 
established under paragraph (a), a determination as to why the 
restriction is no longer necessary and a finding that the termination 
will not adversely impact park resources. This determination shall be 
available to the public upon request.
    (d) To implement a public use limit, the superintendent may 
establish a permit, registration, or reservation system. Permits shall 
be issued in accordance with the criteria and procedures of Sec. 1.6 of 
this chapter.
    (e) Except in emergency situations, the public will be informed of 
closures, designations, and use or activity restrictions or conditions, 
visiting hours, public use limits, public use limit procedures, and the 
termination or relaxation of such, in accordance with Sec. 1.7 of this 
chapter.
    (f) Violating a closure, designation, use or activity restriction or 
condition, schedule of visiting hours, or public use limit is 
prohibited.

[48 FR 30275, June 30, 1983, as amended at 51 FR 29470, Aug. 18, 1986]

[[Page 10]]



Sec. 1.6  Permits.

    (a) When authorized by regulations set forth in this chapter, the 
superintendent may issue a permit to authorize an otherwise prohibited 
or restricted activity or impose a public use limit. The activity 
authorized by a permit shall be consistent with applicable legislation, 
Federal regulations and administrative policies, and based upon a 
determination that public health and safety, environmental or scenic 
values, natural or cultural resources, scientific research, 
implementation of management responsibilities, proper allocation and use 
of facilities, or the avoidance of conflict among visitor use activities 
will not be adversely impacted.
    (b) Except as otherwise provided, application for a permit shall be 
submitted to the superintendent during normal business hours.
    (c) The public will be informed of the existence of a permit 
requirement in accordance with Sec. 1.7 of this chapter.
    (d) Unless otherwise provided for by the regulations in this 
chapter, the superintendent shall deny a permit that has been properly 
applied for only upon a determination that the designated capacity for 
an area or facility would be exceeded; or that one or more of the 
factors set forth in paragraph (a) of this section would be adversely 
impacted. The basis for denial shall be provided to the applicant upon 
request.
    (e) The superintendent shall include in a permit the terms and 
conditions that the superintendent deems necessary to protect park 
resources or public safety and may also include terms or conditions 
established pursuant to the authority of any other section of this 
chapter.
    (f) A compilation of those activities requiring a permit shall be 
maintained by the superintendent and available to the public upon 
request.
    (g) The following are prohibited:
    (1) Engaging in an activity subject to a permit requirement imposed 
pursuant to this section without obtaining a permit; or
    (2) Violating a term or condition of a permit issued pursuant to 
this section.
    (h) Violating a term or condition of a permit issued pursuant to 
this section may also result in the suspension or revocation of the 
permit by the superintendent.

[48 FR 30275, June 30, 1983, as amended at 51 FR 29470, Aug. 18, 1986]



Sec. 1.7  Public notice.

    (a) Whenever the authority of Sec. 1.5(a) is invoked to restrict or 
control a public use or activity, to relax or revoke an existing 
restriction or control, to designate all or a portion of a park area as 
open or closed, or to require a permit to implement a public use limit, 
the public shall be notified 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 affected park 
locale.
    (2) Maps available in the office of the superintendent and other 
places convenient to the public.
    (3) Publication in a newspaper of general circulation in the 
affected area.
    (4) Other appropriate methods, such as the removal of closure signs, 
use of electronic media, park brochures, maps and handouts.
    (b) In addition to the above-described notification procedures, the 
superintendent shall compile in writing all the designations, closures, 
permit requirements and other restrictions imposed under discretionary 
authority. This compilation shall be updated annually and made available 
to the public upon request.



Sec. 1.8  Information collection.

    The information collection requirements contained in Secs. 1.5, 2.4, 
2.5, 2.10 2.12, 2.17, 2.33, 2.38, 2.50, 2.51, 2.52, 2.60, 2.61, 2.62, 
3.3, 3.4, 4.4 and 4.11 have been approved by the Office of Management 
and Budget under 44 U.S.C. 3501 et seq., and assigned clearance number 
1024-0026. This information is being collected to provide 
superintendents data necessary to issue permits for special uses of park 
areas and to obtain notification of accidents that occur within park 
areas. This information will be used to grant administrative benefits 
and to facilitate prompt emergency response to accidents. In Secs. 2.33, 
3.4 and

[[Page 11]]

4.4, the obligation to respond is mandatory; in all other sections the 
obligation to respond is required in order to obtain a benefit.

[52 FR 10683, Apr. 2, 1987]



Sec. 1.10  Symbolic signs.

    (a) The signs pictured below provide general information and 
regulatory guidance in park areas. Certain of the signs designate 
activities that are either allowed or prohibited. Activities symbolized 
by a sign bearing a slash mark are prohibited.
    (b) The use of other types of signs not herein depicted is not 
precluded.

[[Page 12]]

[GRAPHIC] [TIFF OMITTED] TC21OC91.059


[[Page 13]]


[GRAPHIC] [TIFF OMITTED] TR04SE96.001


[[Page 14]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.000


[[Page 15]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.001


[[Page 16]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.002


[[Page 17]]



[48 FR 30275, June 30, 1983, as amended at 61 FR 46556, Sept. 4, 1996]



PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents




Sec.
2.1  Preservation of natural, cultural and archeological resources.
2.2  Wildlife protection.
2.3  Fishing.
2.4  Weapons, traps and nets.
2.5  Research specimens.
2.10  Camping and food storage.
2.11  Picnicking.
2.12  Audio disturbances.
2.13  Fires.
2.14  Sanitation and refuse.
2.15  Pets.
2.16  Horses and pack animals.
2.17  Aircraft and air delivery.
2.18  Snowmobiles.
2.19  Winter activities.
2.20  Skating, skateboards and similar devices.
2.21  Smoking.
2.22  Property.
2.23  Recreation fees.
2.30  Misappropriation of property and services.
2.31  Trespassing, tampering and vandalism.
2.32  Interfering with agency functions.
2.33  Report of injury or damage.
2.34  Disorderly conduct.
2.35  Alcoholic beverages and controlled substances.
2.36  Gambling.
2.37  Noncommercial soliciting.
2.38  Explosives.
2.50  Special events.
2.51  Public assemblies, meetings.
2.52  Sale or distribution of printed matter.
2.60  Livestock use and agriculture.
2.61  Residing on Federal lands.
2.62  Memorialization.

    Authority: 16 U.S.C. 1, 3, 9a, 462(k).

    Source: 48 FR 30282, June 30, 1983, unless otherwise noted.



Sec. 2.1  Preservation of natural, cultural and archeological resources.

    (a) Except as otherwise provided in this chapter, the following is 
prohibited:
    (1) Possessing, destroying, injuring, defacing, removing, digging, 
or disturbing from its natural state:
    (i) Living or dead wildlife or fish, or the parts or products 
thereof, such as antlers or nests.
    (ii) Plants or the parts or products thereof.
    (iii) Nonfossilized and fossilized paleontological specimens, 
cultural or archeological resources, or the parts thereof.
    (iv) A mineral resource or cave formation or the parts thereof.
    (2) Introducing wildlife, fish or plants, including their 
reproductive bodies, into a park area ecosystem.
    (3) Tossing, throwing or rolling rocks or other items inside caves 
or caverns, into valleys, canyons, or caverns, down hillsides or 
mountainsides, or into thermal features.
    (4) Using or possessing wood gathered from within the park area: 
Provided, however, That the superintendent may designate areas where 
dead wood on the ground may be collected for use as fuel for campfires 
within the park area.
    (5) Walking on, climbing, entering, ascending, descending, or 
traversing an archeological or cultural resource, monument, or statue, 
except in designated areas and under conditions established by the 
superintendent.
    (6) Possessing, destroying, injuring, defacing, removing, digging, 
or disturbing a structure or its furnishing or fixtures, or other 
cultural or archeological resources.
    (7) Possessing or using a mineral or metal detector, magnetometer, 
side scan sonar, other metal detecting device, or subbottom profiler.

This paragraph does not apply to:
    (i) A device broken down and stored or packed to prevent its use 
while in park areas.
    (ii) Electronic equipment used primarily for the navigation and safe 
operation of boats and aircraft.
    (iii) Mineral or metal detectors, magnetometers, or subbottom 
profilers used for authorized scientific, mining, or administrative 
activities.
    (b) The superintendent may restrict hiking or pedestrian use to a 
designated trail or walkway system pursuant to Secs. 1.5 and 1.7. 
Leaving a trail or walkway to shortcut between portions of the same 
trail or walkway, or to shortcut to an adjacent trail or walkway in 
violation of designated restrictions is prohibited.
    (c)(1) The superintendent may designate certain fruits, berries, 
nuts, or unoccupied seashells which may be gathered by hand for personal 
use or

[[Page 18]]

consumption upon a written determination that the gathering or 
consumption will not adversely affect park wildlife, the reproductive 
potential of a plant species, or otherwise adversely affect park 
resources.
    (2) The superintendent may:
    (i) Limit the size and quantity of the natural products that may be 
gathered or possessed for this purpose; or
    (ii) Limit the location where natural products may be gathered; or
    (iii) Restrict the possession and consumption of natural products to 
the park area.
    (3) The following are prohibited:
    (i) Gathering or possessing undesignated natural products.
    (ii) Gathering or possessing natural products in violation of the 
size or quantity limits designated by the superintendent.
    (iii) Unauthorized removal of natural products from the park area.
    (iv) Gathering natural products outside of designated areas.
    (v) Sale or commercial use of natural products.
    (d) This section shall not be construed as authorizing the taking, 
use or possession of fish, wildlife or plants for ceremonial or 
religious purposes, except where specifically authorized by Federal 
statutory law, treaty rights, or in accordance with Sec. 2.2 or 
Sec. 2.3.
    Note: Regulations concerning archeological resources are found in 43 
CFR part 3.



Sec. 2.2  Wildlife protection.

    (a) The following are prohibited:
    (1) The taking of wildlife, except by authorized hunting and 
trapping activities conducted in accordance with paragraph (b) of this 
section.
    (2) The feeding, touching, teasing, frightening or intentional 
disturbing of wildlife nesting, breeding or other activities.
    (3) Possessing unlawfully taken wildlife or portions thereof.
    (b) Hunting and trapping. (1) Hunting shall be allowed in park areas 
where such activity is specifically mandated by Federal statutory law.
    (2) Hunting may be allowed in park areas where such activity is 
specifically authorized as a discretionary activity under Federal 
statutory law if the superintendent determines that such activity is 
consistent with public safety and enjoyment, and sound resource 
management principles. Such hunting shall be allowed pursuant to special 
regulations.
    (3) Trapping shall be allowed in park areas where such activity is 
specifically mandated by Federal statutory law.
    (4) Where hunting or trapping or both are authorized, such 
activities shall be conducted in accordance with Federal law and the 
laws of the State within whose exterior boundaries a park area or a 
portion thereof is located. Nonconflicting State laws are adopted as a 
part of these regulations.
    (c) Except in emergencies or in areas under the exclusive 
jurisdiction of the United States, the superintendent shall consult with 
appropriate State agencies before invoking the authority of Sec. 1.5 for 
the purpose of restricting hunting and trapping or closing park areas to 
the taking of wildlife where such activities are mandated or authorized 
by Federal statutory law.
    (d) The superintendent may establish conditions and procedures for 
transporting lawfully taken wildlife through the park area. Violation of 
these conditions and procedures is prohibited.
    (e) The Superintendent may designate all or portions of a park area 
as closed to the viewing of wildlife with an artificial light. Use of an 
artificial light for purposes of viewing wildlife in closed areas is 
prohibited.
    (f) Authorized persons may check hunting and trapping licenses and 
permits; inspect weapons, traps and hunting and trapping gear for 
compliance with equipment restrictions; and inspect wildlife that has 
been taken for compliance with species, size and other taking 
restrictions.
    (g) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984; 
51 FR 33264, Sept. 19, 1986; 52 FR 35240, Sept. 18, 1987]



Sec. 2.3  Fishing.

    (a) Except in designated areas or as provided in this section, 
fishing shall

[[Page 19]]

be in accordance with the laws and regulations of the State within whose 
exterior boundaries a park area or portion thereof is located. 
Nonconflicting State laws are adopted as a part of these regulations.
    (b) State fishing licenses are not required in Big Bend, Crater 
Lake, Denali, Glacier, Isle Royale (inland waters only), Mammoth Cave, 
Mount Rainer, Olympic and Yellowstone National Parks.
    (c) Except in emergencies or in areas under the exclusive 
jurisdiction of the United States, the superintendent shall consult with 
appropriate State agencies before invoking the authority of Sec. 1.5 for 
the purpose of restricting or closing park areas to the taking of fish.
    (d) The following are prohibited:
    (1) Fishing in fresh waters in any manner other than by hook and 
line, with the rod or line being closely attended.
    (2) Possessing or using as bait for fishing in fresh waters, live or 
dead minnows or other bait fish, amphibians, nonpreserved fish eggs or 
fish roe, except in designated waters. Waters which may be so designated 
shall be limited to those where non-native species are already 
established, scientific data indicate that the introduction of 
additional numbers or types of non-native species would not impact 
populations of native species adversely, and park management plans do 
not call for elimination of non-native species.
    (3) Chumming or placing preserved or fresh fish eggs, fish roe, 
food, fish parts, chemicals, or other foreign substances in fresh waters 
for the purpose of feeding or attracting fish in order that they may be 
taken.
    (4) Commercial fishing, except where specifically authorized by 
Federal statutory law.
    (5) Fishing by the use of drugs, poisons, explosives, or 
electricity.
    (6) Digging for bait, except in privately owned lands.
    (7) Failing to return carefully and immediately to the water from 
which it was taken a fish that does not meet size or species 
restrictions or that the person chooses not to keep. Fish so released 
shall not be included in the catch or possession limit: Provided, That 
at the time of catching the person did not possess the legal limit of 
fish.
    (8) Fishing from motor road bridges, from or within 200 feet of a 
public raft or float designated for water sports, or within the limits 
of locations designated as swimming beaches, surfing areas, or public 
boat docks, except in designated areas.
    (e) Except as otherwise designated, fishing with a net, spear, or 
weapon in the salt waters of park areas shall be in accordance with 
State law.
    (f) Authorized persons may check fishing licenses and permits; 
inspect creels, tackle and fishing gear for compliance with equipment 
restrictions; and inspect fish that have been taken for compliance with 
species, size and other taking restrictions.
    (g) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.4  Weapons, traps and nets.

    (a)(1) Except as otherwise provided in this section and parts 7 
(special regulations) and 13 (Alaska regulations), the following are 
prohibited:

    (i) Possessing a weapon, trap or net
    (ii) Carrying a weapon, trap or net
    (iii) Using a weapon, trap or net

    (2) Weapons, traps or nets may be carried, possessed or used:
    (i) At designated times and locations in park areas where:
    (A) The taking of wildlife is authorized by law in accordance with 
Sec. 2.2 of this chapter;
    (B) The taking of fish is authorized by law in accordance with 
Sec. 2.3 of this part.
    (ii) When used for target practice at designated times and at 
facilities or locations designed and constructed specifically for this 
purpose and designated pursuant to special regulations.
    (iii) Within a residential dwelling. For purposes of this 
subparagraph only, the term ``residential dwelling'' means a fixed 
housing structure which is either the principal residence of its 
occupants, or is occupied on a regular

[[Page 20]]

and recurring basis by its occupants as an alternate residence or 
vacation home.
    (3) Traps, nets and unloaded weapons may be possessed within a 
temporary lodging or mechanical mode of conveyance when such implements 
are rendered temporarily inoperable or are packed, cased or stored in a 
manner that will prevent their ready use.
    (b) Carrying or possessing a loaded weapon in a motor vehicle, 
vessel or other mode of transportation is prohibited, except that 
carrying or possessing a loaded weapon in a vessel is allowed when such 
vessel is not being propelled by machinery and is used as a shooting 
platform in accordance with Federal and State law.
    (c) The use of a weapon, trap or net in a manner that endangers 
persons or property is prohibited.
    (d) The superintendent may issue a permit to carry or possess a 
weapon, trap or net under the following circumstances:
    (1) When necessary to support research activities conducted in 
accordance with Sec. 2.5.
    (2) To carry firearms for persons in charge of pack trains or saddle 
horses for emergency use.
    (3) For employees, agents or cooperating officials in the 
performance of their official duties.
    (4) To provide access to otherwise inaccessible lands or waters 
contiguous to a park area when other means of access are otherwise 
impracticable or impossible.

Violation of the terms and conditions of a permit issued pursuant to 
this paragraph is prohibited and may result in the suspension or 
revocation of the permit.
    (e) Authorized Federal, State and local law enforcement officers may 
carry firearms in the performance of their official duties.
    (f) The carrying or possessing of a weapon, trap or net in violation 
of applicable Federal and State laws is prohibited.
    (g) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 49 FR 18450, Apr. 30, 1984; 
52 FR 35240, Sept. 18, 1987]



Sec. 2.5  Research specimens.

    (a) Taking plants, fish, wildlife, rocks or minerals except in 
accordance with other regulations of this chapter or pursuant to the 
terms and conditions of a specimen collection permit, is prohibited.
    (b) A specimen collection permit may be issued only to an official 
representative of a reputable scientific or educational institution or a 
State or Federal agency for the purpose of research, baseline 
inventories, monitoring, impact analysis, group study, or museum display 
when the superintendent determines that the collection is necessary to 
the stated scientific or resource management goals of the institution or 
agency and that all applicable Federal and State permits have been 
acquired, and that the intended use of the specimens and their final 
disposal is in accordance with applicable law and Federal administrative 
policies. A permit shall not be issued if removal of the specimen would 
result in damage to other natural or cultural resources, affect 
adversely environmental or scenic values, or if the specimen is readily 
available outside of the park area.
    (c) A permit to take an endangered or threatened species listed 
pursuant to the Endangered Species Act, or similarly indentified by the 
States, shall not be issued unless the species cannot be obtained 
outside of the park area and the primary purpose of the collection is to 
enhance the protection or management of the species.
    (d) In park areas where the enabling legislation authorizes the 
killing of wildlife, a permit which authorizes the killing of plants, 
fish or wildlife may be issued only when the superintendent approves a 
written research proposal and determines that the collection will 
benefit science or has the potential for improving the management and 
protection of park resources.
    (e) In park areas where enabling legislation does not expressly 
prohibit the killing of wildlife, a permit authorizing the killing of 
plants, fish or wildlife

[[Page 21]]

may be issued only when the superintendent approves a written research 
proposal and determines that the collection will not result in the 
derogation of the values or purposes for which the park area was 
established and has the potential for conserving and perpetuating the 
species subject to collection.
    (f) In park areas where the enabling legislation prohibits the 
killing of wildlife, issuance of a collecting permit for wildlife or 
fish or plants, is prohibited.
    (g) Specimen collection permits shall contain the following 
conditions:
    (1) Specimens placed in displays or collections will bear official 
National Park Service museum labels and their catalog numbers will be 
registered in the National Park Service National Catalog.
    (2) Specimens and data derived from consumed specimens will be made 
available to the public and reports and publications resulting from a 
research specimen collection permit shall be filed with the 
superintendent.
    (h) Violation of the terms and conditions of a permit issued in 
accordance with this section is prohibited and may result in the 
suspension or revocation of the permit.
    Note: The Secretary's regulations on the preservation, use, and 
management of fish and wildlife are found in 43 CFR part 24. Regulations 
concerning archeological resources are found in 43 CFR part 3.



Sec. 2.10  Camping and food storage.

    (a) The superintendent may require permits, designate sites or 
areas, and establish conditions for camping.
    (b) The following are prohibited:
    (1) Digging or leveling the ground at a campsite.
    (2) Leaving camping equipment, site alterations, or refuse after 
departing from the campsite.
    (3) Camping within 25 feet of a water hydrant or main road, or 
within 100 feet of a flowing stream, river or body of water, except as 
designated.
    (4) Creating or sustaining unreasonable noise between the hours of 
10:00 p.m. and 6:00 a.m., considering the nature and purpose of the 
actor's conduct, impact on park users, location, and other factors which 
would govern the conduct of a reasonably prudent person under the 
circumstances.
    (5) The installation of permanent camping facilities.
    (6) Displaying wildlife carcasses or other remains or parts thereof, 
except when taken pursuant to Sec. 2.2.
    (7) Connecting to a utility system, except as designated.
    (8) Failing to obtain a permit, where required.
    (9) Violating conditions which may be established by the 
superintendent.
    (10) Camping outside of designated sites or areas.
    (c) Violation of the terms and conditions of a permit issued in 
accordance with this section is prohibited and may result in the 
suspension or revocation of the permit.
    (d) Food storage. The superintendent may designate all or a portion 
of a park area where food, lawfully taken fish or wildlife, garbage, and 
equipment used to cook or store food must be kept sealed in a vehicle, 
or in a camping unit that is constructed of solid, non-pliable material, 
or suspended at least 10 feet above the ground and 4 feet horizontally 
from a post, tree trunk, or other object, or shall be stored as 
otherwise designated. Violation of this restriction is prohibited. This 
restriction does not apply to food that is being transported, consumed, 
or prepared for consumption.



Sec. 2.11  Picnicking.

    Picnicking is allowed, except in designated areas closed in 
accordance with Sec. 1.5. The superintendent may establish conditions 
for picnicking in areas where picnicking is allowed. Picnicking in 
violation of established conditions is prohibited.



Sec. 2.12  Audio disturbances.

    (a) The following are prohibited:
    (1) Operating motorized equipment or machinery such as an electric 
generating plant, motor vehicle, motorized toy, or an audio device, such 
as a radio, television set, tape deck or musical instrument, in a 
manner: (i) That exceeds a noise level of 60 decibels measured on the A-
weighted scale at 50 feet; or, if below that level, nevertheless; (ii) 
makes noise which is unreasonable, considering the nature and purpose of

[[Page 22]]

the actor's conduct, location, time of day or night, purpose for which 
the area was established, impact on park users, and other factors that 
would govern the conduct of a reasonably prudent person under the 
circumstances.
    (2) In developed areas, operating a power saw, except pursuant to 
the terms and conditions of a permit.
    (3) In nondeveloped areas, operating any type of portable motor or 
engine, or device powered by a portable motor or engine, except pursuant 
to the terms and conditions of a permit. This paragraph does not apply 
to vessels in areas where motor boating is allowed.
    (4) Operating a public address system, except in connection with a 
public gathering or special event for which a permit has been issued 
pursuant to Sec. 2.50 or Sec. 2.51.
    (b) Violation of the terms and conditions of a permit issued in 
accordance with section is prohibited and may result in the suspension 
or revocation of the permit.



Sec. 2.13  Fires.

    (a) The following are prohibited:
    (1) Lighting or maintaining a fire, except in designated areas or 
receptacles and under conditions that may be established by the 
superintendent.
    (2) Using stoves or lanterns in violation of established 
restrictions.
    (3) Lighting, tending, or using a fire, stove or lantern in a manner 
that threatens, causes damage to, or results in the burning of property, 
real property or park resources, or creates a public safety hazard.
    (4) Leaving a fire unattended.
    (5) Throwing or discarding lighted or smoldering material in a 
manner that threatens, causes damage to, or results in the burning of 
property or park resources, or creates a public safety hazard.
    (b) Fires shall be extinguished upon termination of use and in 
accordance with such conditions as may be established by the 
superintendent. Violation of these conditions is prohibited.
    (c) During periods of high fire danger, the superintendent may close 
all or a portion of a park area to the lighting or maintaining of a 
fire.
    (d) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.14  Sanitation and refuse.

    (a) The following are prohibited:
    (1) Disposing of refuse in other than refuse receptacles.
    (2) Using government refuse receptacles or other refuse facilities 
for dumping household, commercial, or industrial refuse, brought as such 
from private or municipal property, except in accordance with conditions 
established by the superintendent.
    (3) Depositing refuse in the plumbing fixtures or vaults of a toilet 
facility.
    (4) Draining refuse from a trailer or other vehicle, except in 
facilities provided for such purpose.
    (5) Bathing, or washing food, clothing, dishes, or other property at 
public water outlets, fixtures or pools, except at those designated for 
such purpose.
    (6) Polluting or contaminating park area waters or water courses.
    (7) Disposing of fish remains on land, or in waters within 200 feet 
of boat docks or designated swimming beaches, or within developed areas, 
except as otherwise designated.
    (8) In developed areas, the disposal of human body waste, except at 
designated locations or in fixtures provided for that purpose.
    (9) In nondeveloped areas, the disposal of human body waste within 
100 feet of a water source, high water mark of a body of water, or a 
campsite, or within sight of a trail, except as otherwise designated.
    (b) The superintendent may establish conditions concerning the 
disposal, containerization, or carryout of human body waste. Violation 
of these conditions is prohibited.



Sec. 2.15  Pets.

    (a) The following are prohibited:
    (1) Possessing a pet in a public building, public transportation 
vehicle, or location designated as a swimming beach, or any structure or 
area closed to the possession of pets by the superintendent. This 
subparagraph shall not

[[Page 23]]

apply to guide dogs accompanying visually impaired persons or hearing 
ear dogs accompanying hearing-impaired persons.
    (2) Failing to crate, cage, restrain on a leash which shall not 
exceed six feet in length, or otherwise physically confine a pet at all 
times.
    (3) Leaving a pet unattended and tied to an object, except in 
designated areas or under conditions which may be established by the 
superintendent.
    (4) Allowing a pet to make noise that is unreasonable considering 
location, time of day or night, impact on park users, and other relevant 
factors, or that frightens wildlife by barking, howling, or making other 
noise.
    (5) Failing to comply with pet excrement disposal conditions which 
may be established by the superintendent.
    (b) In park areas where hunting is allowed, dogs may be used in 
support of these activities in accordance with applicable Federal and 
State laws and in accordance with conditions which may be established by 
the superintendent.
    (c) Pets or feral animals that are running-at-large and observed by 
an authorized person in the act of killing, injuring or molesting 
humans, livestock, or wildlife may be destroyed if necessary for public 
safety or protection of wildlife, livestock, or other park resources.
    (d) Pets running-at-large may be impounded, and the owner may be 
charged reasonable fees for kennel or boarding costs, feed, veterinarian 
fees, transportation costs, and disposal. An impounded pet may be put up 
for adoption or otherwise disposed of after being held for 72 hours from 
the time the owner was notified of capture or 72 hours from the time of 
capture if the owner is unknown.
    (e) Pets may be kept by residents of park areas consistent with the 
provisions of this section and in accordance with conditions which may 
be established by the superintendent. Violation of these conditions is 
prohibited.
    (f) This section does not apply to dogs used by authorized Federal, 
State and local law enforcement officers in the performance of their 
official duties.



Sec. 2.16  Horses and pack animals.

    The following are prohibited:
    (a) The use of animals other than those designated as ``pack 
animals'' for purposes of transporting equipment.
    (b) The use of horses or pack animals outside of trails, routes or 
areas designated for their use.
    (c) The use of horses or pack animals on a park road, except: (1) 
Where such travel is necessary to cross to or from designated trails, or 
areas, or privately owned property, and no alternative trails or routes 
have been designated; or (2) when the road has been closed to motor 
vehicles.
    (d) Free-trailing or loose-herding of horses or pack animals on 
trails, except as designated.
    (e) Allowing horses or pack animals to proceed in excess of a slow 
walk when passing in the immediate vicinity of persons on foot or 
bicycle.
    (f) Obstructing a trail, or making an unreasonable noise or gesture, 
considering the nature and purpose of the actor's conduct, and other 
factors that would govern the conduct of a reasonably prudent person, 
while horses or pack animals are passing.
    (g) Violation of conditions which may be established by the 
superintendent concerning the use of horses or pack animals.



Sec. 2.17  Aircraft and air delivery.

    (a) The following are prohibited:
    (1) Operating or using aircraft on lands or waters other than at 
locations designated pursuant to special regulations.
    (2) Where a water surface is designated pursuant to paragraph (a)(1) 
of this section, operating or using aircraft under power on the water 
within 500 feet of locations designated as swimming beaches, boat docks, 
piers, or ramps, except as otherwise designated.
    (3) Delivering or retrieving a person or object by parachute, 
helicopter, or other airborne means, except in emergencies involving 
public safety or serious property loss, or pursuant to the terms and 
conditions of a permit.
    (b) The provisions of this section, other than paragraph (c) of this 
section, shall not be applicable to official business of the Federal 
government, or emergency rescues in accordance with the directions of 
the superintendent, or

[[Page 24]]

to landings due to circumstances beyond the control of the operator.
    (c)(1) Except as provided in paragraph (c)(3) of this section, the 
owners of a downed aircraft shall remove the aircraft and all component 
parts thereof in accordance with procedures established by the 
superintendent. In establishing removal procedures, the superintendent 
is authorized to: (i) Establish a reasonable date by which aircraft 
removal operations must be complete; (ii) determine times and means of 
access to and from the downed aircraft; and (iii) specify the manner or 
method of removal.
    (2) Failure to comply with procedures and conditions established 
under paragraph (c)(1) of this section is prohibited.
    (3) The superintendent may waive the requirements of paragraph 
(c)(1) of this section or prohibit the removal of downed aircraft, upon 
a determination that: (i) The removal of downed aircraft would 
constitute an unacceptable risk to human life; (ii) the removal of a 
downed aircraft would result in extensive resource damage; or (iii) the 
removal of a downed aircraft is impracticable or impossible.
    (d) The use of aircraft shall be in accordance with regulations of 
the Federal Aviation Administration. Such regulations are adopted as a 
part of these regulations.
    (e) The operation or use of hovercraft is prohibited.
    (f) Violation of the terms and conditions of a permit issued in 
accordance with this section is prohibited and may result in the 
suspension or revocation of the permit.



Sec. 2.18  Snowmobiles.

    (a) Notwithstanding the definition of vehicle set forth in Sec. 1.4 
of this chapter, the provisions of Secs. 4.4, 4.12, 4.13, 4.14, 4.20, 
4.21, 4.22 and 4.23 of this chapter apply to the operation of a 
snowmobile.
    (b) Except as otherwise provided in this section, the laws of the 
State in which the exterior boundaries of a park area or a portion 
thereof is located shall govern equipment standards and the operation of 
snowmobiles. Nonconflicting State laws are adopted as a part of these 
regulations.
    (c) The use of snowmobiles is prohibited, except on designated 
routes and water surfaces that are used by motor vehicles or motorboats 
during other seasons. Routes and water surfaces designated for 
snowmobile use shall be promulgated as special regulations. Snowmobiles 
are prohibited except where designated and only when their use is 
consistent with the park's natural, cultural, scenic and aesthetic 
values, safety considerations, park management objectives, and will not 
disturb wildlife or damage park resources.
    (d) The following are prohibited:
    (1) Operating a snowmobile that makes excessive noise. Excessive 
noise for snowmobiles manufactured after July 1, 1975 is a level of 
total snowmobile noise that exceeds 78 decibels measured on the A-
weighted scale measured at 50 feet. Snowmobiles manufactured between 
July 1, 1973 and July 1, 1975 shall not register more than 82 decibels 
on the A-weighted scale at 50 feet. Snowmobiles manufactured prior to 
July 1, 1973 shall not register more than 86 decibels on the A-weighted 
scale at 50 feet. All decibel measurements shall be based on snowmobile 
operation at or near full throttle.
    (2) Operating a snowmobile without a lighted white headlamp and red 
taillight from one half-hour after sunset to one half-hour before 
sunrise, or when persons and vehicles are not clearly visible for a 
distance of 500 feet.
    (3) Operating a snowmobile that does not have brakes in good working 
order.
    (4) Racing, or operating a snowmobile in excess of 45 mph, unless 
restricted in accordance with Sec. 4.22 of this chapter or otherwise 
designated.
    (e) Except where State law prescribes a different minimum age or 
qualification for the person providing direct supervision and 
accompaniment, the following are prohibited:
    (1) The operation of a snowmobile by a person under 16 years of age 
unless accompanied and supervised within line of sight by a responsible 
person 21 years of age or older;
    (2) The operation of a snowmobile by a person under 12 years of age, 
unless accompanied on the same machine by a responsible person 21 years 
of age or older; or

[[Page 25]]

    (3) The supervision by one person of the operation of snowmobiles by 
more than one person under 16 years of age.

[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]



Sec. 2.19  Winter activities.

    (a) Skiing, snowshoeing, ice skating, sledding, innertubing, 
tobogganing and similar winter sports are prohibited on park roads and 
in parking areas open to motor vehicle traffic, except as otherwise 
designated.
    (b) The towing of persons on skis, sleds, or other sliding devices 
by motor vehicle or snowmobile is prohibited, except in designated areas 
or routes. This paragraph shall not apply to sleds designed to be towed 
behind snowmobiles and joined to the snowmobile with a rigid hitching 
mechanism.
    (c) Failure to abide by area designations or activity restrictions 
established under this section is prohibited.



Sec. 2.20  Skating, skateboards, and similar devices.

    Using roller skates, skateboards, roller skis, coasting vehicles, or 
similar devices is prohibited, except in designated areas.



Sec. 2.21  Smoking.

    (a) The superintendent may designate a portion of a park area, or 
all or a portion of a building, structure or facility as closed to 
smoking when necessary to protect park resources, reduce the risk of 
fire, or prevent conflicts among visitor use activities. Smoking in an 
area or location so designated is prohibited.
    (b) Smoking is prohibited within all caves and caverns.



Sec. 2.22  Property.

    (a) The following are prohibited:
    (1) Abandoning property.
    (2) Leaving property unattended for longer than 24 hours, except in 
locations where longer time periods have been designated or in 
accordance with conditions established by the superintendent.
    (3) Failing to turn in found property to the superintendent as soon 
as practicable.
    (b) Impoundment of property. (1) Property determined to be left 
unattended in excess of an allowed period of time may be impounded by 
the superintendent.
    (2) Unattended property that interferes with visitor safety, orderly 
management of the park area, or presents a threat to park resources may 
be impounded by the superintendent at any time.
    (3) Found or impounded property shall be inventoried to determine 
ownership and safeguard personal property.
    (4) The owner of record is responsible and liable for charges to the 
person who has removed, stored, or otherwise disposed of property 
impounded pursuant to this section; or the superintendent may assess the 
owner reasonable fees for the impoundment and storage of property 
impounded pursuant to this section.
    (c) Disposition of property. (1) Unattended property impounded 
pursuant to this section shall be deemed to be abandoned unless claimed 
by the owner or an authorized representative thereof within 60 days. The 
60-day period shall begin when the rightful owner of the property has 
been notified, if the owner can be identified, or from the time the 
property was placed in the superintendent's custody, if the owner cannot 
be identified.
    (2) Unclaimed, found property shall be stored for a minimum period 
of 60 days and, unless claimed by the owner or an authorized 
representative thereof, may be claimed by the finder, provided that the 
finder is not an employee of the National Park Service. Found property 
not claimed by the owner or an authorized representative or the finder 
shall be deemed abandoned.
    (3) Abandoned property shall be disposed of in accordance with title 
41 Code of Federal Regulations.
    (4) Property, including real property, located within a park area 
and owned by a deceased person, shall be disposed of in accordance with 
the laws of the State within whose exterior boundaries the property is 
located.
    (d) The regulations contained in paragraphs (a)(2), (b) and (c) of 
this section apply, regardless of land ownership, on all lands and 
waters within a

[[Page 26]]

park area that are under the legislative jurisdiction of the United 
States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.23  Recreation fees.

    (a) Recreation fees shall be established as provided for in part 71 
of this chapter.
    (b) Entering designated entrance fee areas or using specialized 
sites, facilities, equipment or services, or participating in group 
activities, recreation events, or other specialized recreation uses for 
which recreation fees have been established without paying the required 
fees and possessing the applicable permits is prohibited. Violation of 
the terms and conditions of a permit issued in accordance with part 71 
is prohibited and may result in the suspension or revocation of the 
permit.
    (c) The superintendent may, when in the public interest, prescribe 
periods during which the collection of recreation fees shall be 
suspended.



Sec. 2.30  Misappropriation of property and services.

    (a) The following are prohibited:
    (1) Obtaining or exercising unlawful possession over the property of 
another with the purpose to deprive the owner of the property.
    (2) Obtaining property or services offered for sale or compensation 
without making payment or offering to pay.
    (3) Obtaining property or services offered for sale or compensation 
by means of deception or a statement of past, present or future fact 
that is instrumental in causing the wrongful transfer of property or 
services, or using stolen, forged, expired revoked or fraudulently 
obtained credit cards or paying with negotiable paper on which payment 
is refused.
    (4) Concealing unpurchased merchandise on or about the person 
without the knowledge or consent of the seller or paying less than 
purchase price by deception.
    (5) Acquiring or possessing the property of another, with knowledge 
or reason to believe that the property is stolen.
    (b) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.31  Trespassing, tampering and vandalism.

    (a) The following are prohibited:
    (1) Trespassing. Trespassing, entering or remaining in or upon 
property or real property not open to the public, except with the 
express invitation or consent of the person having lawful control of the 
property or real property.
    (2)Tampering. Tampering or attempting to tamper with property or 
real property, or moving, manipulating or setting in motion any of the 
parts thereof, except when such property is under one's lawful control 
or possession.
    (3)Vandalism. Destroying, injuring, defacing, or damaging property 
or real property.
    (b) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.32  Interfering with agency functions.

    (a) The following are prohibited:
    (1) Interference. Threatening, resisting, intimidating, or 
intentionally interfering with a government employee or agent engaged in 
an official duty, or on account of the performance of an official duty.
    (2)  Lawful order. Violating the lawful order of a government 
employee or agent authorized to maintain order and control public access 
and movement during fire fighting operations, search and rescue 
operations, wildlife management operations involving animals that pose a 
threat to public safety, law enforcement actions, and emergency 
operations that involve a threat to public safety or park resources, or 
other activities where the control of public movement and activities is 
necessary to maintain order and public safety.
    (3)  False information. Knowingly giving a false or fictitious 
report or other

[[Page 27]]

false information: (i) To an authorized person investigating an accident 
or violation of law or regulation or; (ii) on an application for a 
permit.
    (4)  False Report. Knowingly giving a false report for the purpose 
of misleading a government employee or agent in the conduct of official 
duties, or making a false report that causes a response by the United 
States to a fictitious event.
    (b) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.33  Report of injury or damage.

    (a) A person involved in an incident resulting in personal injury or 
property damage exceeding $300, other than an accident reportable under 
Secs. 3.4 or 4.4 of this chapter, shall report the incident to the 
superintendent as soon as possible. This notification does not satisfy 
reporting requirements imposed by applicable State law.
    (b) Failure to report an incident in accordance with paragraph (a) 
of this section is prohibited.

[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]



Sec. 2.34  Disorderly conduct.

    (a) A person commits disorderly conduct when, with intent to cause 
public alarm, nuisance, jeopardy or violence, or knowingly or recklessly 
creating a risk thereof, such person commits any of the following 
prohibited acts:
    (1) Engages in fighting or threatening, or in violent behavior.
    (2) Uses language, an utterance, or gesture, or engages in a display 
or act that is obscene, physically threatening or menacing, or done in a 
manner that is likely to inflict injury or incite an immediate breach of 
the peace.
    (3) Makes noise that is unreasonable, considering the nature and 
purpose of the actor's conduct, location, time of day or night, and 
other factors that would govern the conduct of a reasonably prudent 
person under the circumstances.
    (4) Creates or maintains a hazardous or physically offensive 
condition.
    (b) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.35  Alcoholic beverages and controlled substances.

    (a) Alcoholic beverages. (1) The use and possession of alcoholic 
beverages within park areas is allowed in accordance with the provisions 
of this section.
    (2) The following are prohibited:
    (i) The sale or gift of an alcoholic beverage to a person under 21 
years of age, except where allowed by State law. In a State where a 
lower minimum age is established, that age limit will apply for purposes 
of this subparagraph.
    (ii) The possession of an alcoholic beverage by a person under 21 
years of age, except where allowed by State law. In a State where a 
lower minimum age is established, that age will apply for purposes of 
this subparagraph.
    (3)(i) The superintendent may close all or a portion of a public use 
area or public facility within a park area to the consumption of 
alcoholic beverages and/or to the possession of a bottle, can or other 
receptacle containing an alcoholic beverage that is open, or that has 
been opened, or whose seal is broken or the contents of which have been 
partially removed. Provided however, that such a closure may only be 
implemented following a determination made by the superintendent that:
    (A) The consumption of an alcoholic beverage or the possession of an 
open container of an alcoholic beverage would be inappropriate 
considering other uses of the location and the purpose for which it is 
maintained or established; or
    (B) Incidents of aberrant behavior related to the consumption of 
alcoholic beverages are of such magnitude that the diligent application 
of the authorities in this section and Secs. 1.5 and 2.34 of this 
chapter, over a reasonable time period, does not alleviate the problem.
    (ii) A closure imposed by the superintendent does not apply to an 
open

[[Page 28]]

container of an alcoholic beverage that is stored in compliance with the 
provisions of Sec. 4.14 of this chapter.
    (iii) Violating a closure imposed pursuant to this section is 
prohibited.
    (b) Controlled substances. The following are prohibited:
    (1) The delivery of a controlled substance, except when distribution 
is made by a practitioner in accordance with applicable law. For the 
purposes of this paragraph, delivery means the actual, attempted or 
constructive transfer of a controlled substance whether or not there 
exists an agency relationship.
    (2) The possession of a controlled substance, unless such substance 
was obtained by the possessor directly, or pursuant to a valid 
prescription or order, from a practitioner acting in the course of 
professional practice or otherwise allowed by Federal or State law.
    (c) Presence in a park area when under the influence of alcohol or a 
controlled substance to a degree that may endanger oneself or another 
person, or damage property or park resources, is prohibited.

[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]



Sec. 2.36  Gambling.

    (a) Gambling in any form, or the operation of gambling devices, is 
prohibited.
    (b) This regulation applies, regardless of land ownership, on all 
lands and waters within a park area that are under the legislative 
jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]



Sec. 2.37  Noncommercial soliciting.

    Soliciting or demanding gifts, money, goods or services is 
prohibited, except pursuant to the terms and conditions of a permit that 
has been issued under Sec. 2.50, Sec. 2.51 or Sec. 2.52.



Sec. 2.38  Explosives.

    (a) Using, possessing, storing, or transporting explosives, blasting 
agents or explosive materials is prohibited, except pursuant to the 
terms and conditions of a permit. When permitted, the use, possession, 
storage and transportation shall be in accordance with applicable 
Federal and State laws.
    (b) Using or possessing fireworks and firecrackers is prohibited, 
except pursuant to the terms and conditions of a permit or in designated 
areas under such conditions as the superintendent may establish, and in 
accordance with applicable State law.
    (c) Violation of the conditions established by the superintendent or 
of the terms and conditions of a permit issued in accordance with this 
section is prohibited and may result in the suspension or revocation of 
the permit.



Sec. 2.50  Special events.

    (a) Sports events, pageants, regattas, public spectator attractions, 
entertainments, ceremonies, and similar events are allowed: Provided, 
however, There is a meaningful association between the park area and the 
events, and the observance contributes to visitor understanding of the 
significance of the park area, and a permit therefor has been issued by 
the superintendent. A permit shall be denied if such activities would:
    (1) Cause injury or damage to park resources; or
    (2) Be contrary to the purposes for which the natural, historic, 
development and special use zones were established; or unreasonably 
impair the atmosphere of peace and tranquility maintained in wilderness, 
natural, historic, or commemorative zones.
    (3) Unreasonably interfere with interpretive, visitor service, or 
other program activities, or with the administrative activities of the 
National Park Service; or
    (4) Substantially impair the operation of public use facilities or 
services of National Park Service concessioners or contractors; or
    (5) Present a clear and present danger to the public health and 
safety; or
    (6) Result in significant conflict with other existing uses.
    (b) An application for such a permit shall set forth the name of the 
applicant, the date, time, duration, nature and place of the proposed 
event, an estimate of the number of persons expected to attend, a 
statement of equipment and facilities to be used, and any other 
information required by the superintendent. The application shall be

[[Page 29]]

submitted so as to reach the superintendent at least 72 hours in advance 
of the proposed event.
    (c) As a condition of permit issuance, the superintendent may 
require:
    (1) The filing of a bond payable to the Director, in an amount 
adequate to cover costs such as restoration, rehabilitation, and cleanup 
of the area used, and other costs resulting from the special event. In 
lieu of a bond, a permittee may elect to deposit cash equal to the 
amount of the required bond.
    (2) In addition to the requirements of paragraph (c)(1) of this 
section, the acquisition of liability insurance in which the United 
States is named as co-insured in an amount sufficient to protect the 
United States.
    (d) The permit may contain such conditions as are reasonably 
consistent with protection and use of the park area for the purposes for 
which it is established. It may also contain reasonable limitations on 
the equipment used and the time and area within which the event is 
allowed.
    (e) Violation of the terms and conditions of a permit issued in 
accordance with this section is prohibited and may result in the 
suspension or revocation of the permit.

[48 FR 30282, June 30, 1983; 48 FR 31847, July 11, 1983]



Sec. 2.51  Public assemblies, meetings.

    (a) Public assemblies, meetings, gatherings, demonstrations, parades 
and other public expressions of views are allowed within park areas, 
provided a permit therefor has been issued by the superintendent.
    (b) An application for such a permit shall set forth the name of the 
applicant; the date, time, duration, nature and place of the proposed 
event; an estimate of the number of persons expected to attend; a 
statement of equipment and facilities to be used and any other 
information required by the permit application form.
    (c) The superintendent shall, without unreasonable delay, issue a 
permit on proper application unless:
    (1) A prior application for a permit for the same time and place has 
been made that has been or will be granted and the activities authorized 
by that permit do not reasonably allow multiple occupancy of that 
particular area; or
    (2) It reasonably appears that the event will present a clear and 
present danger to the public health or safety; or
    (3) The event is of such nature or duration that it cannot 
reasonably be accommodated in the particular location applied for, 
considering such things as damage to park resources or facilities, 
impairment of a protected area's atmosphere of peace and tranquillity, 
interference with program activities, or impairment of public use 
facilities.
    (d) If a permit is denied, the applicant shall be so informed in 
writing, with the reason(s) for the denial set forth.
    (e) The superintendent shall designate on a map, that shall be 
available in the office of the superintendent, the locations available 
for public assemblies. Locations may be designated as not available only 
if such activities would:
    (1) Cause injury or damage to park resources; or
    (2) Unreasonably impair the atmosphere of peace and tranquillity 
maintained in wilderness, natural, historic or commemorative zones; or
    (3) Unreasonably interfere with interpretive, visitor service, or 
other program activities, or with the administrative activities of the 
National Park Service; or
    (4) Substantially impair the operation of public use facilities or 
services of National Park Service concessioners or contractors; or
    (5) Present a clear and present danger to the public health and 
safety.
    (f) The permit may contain such conditions as are reasonably 
consistent with protection and use of the park area for the purposes for 
which it is established. It may also contain reasonable limitations on 
the equipment used and the time and area within which the event is 
allowed.
    (g) No permit shall be issued for a period in excess of 7 days, 
provided that permits may be extended for like periods, upon a new 
application, unless another applicant has requested use of

[[Page 30]]

the same location and multiple occupancy of that location is not 
reasonably possible.
    (h) It is prohibited for persons engaged in activities covered under 
this section to obstruct or impede pedestrians or vehicles, or harass 
park visitors with physical contact.
    (i) A permit may be revoked under any of those conditions, as listed 
in paragraph (c) of this section, that constitute grounds for denial of 
a permit, or for violation of the terms and conditions of the permit. 
Such a revocation shall be made in writing, with the reason(s) for 
revocation clearly set forth, except under emergency circumstances, when 
an immediate verbal revocation or suspension may be made to be followed 
by written confirmation within 72 hours.
    (j) Violation of the terms and conditions of a permit issued in 
accordance with this section may result in the suspension or revocation 
of the permit.



Sec. 2.52  Sale or distribution of printed matter.

    (a) The sale or distribution of printed matter is allowed within 
park areas, provided that a permit to do so has been issued by the 
superintendent, and provided further that the printed matter is not 
solely commercial advertising.
    (b) An application for such a permit shall set forth the name of the 
applicant, the name of the organization (if any), the date, time, 
duration, and location of the proposed sale or distribution, the number 
of participants, and any other information required by the permit 
application form.
    (c) The superintendent shall, without unreasonable delay, issue a 
permit on proper application unless:
    (1) A prior application for a permit for the same time and location 
has been made that has been or will be granted and the activities 
authorized by that permit do not reasonably allow multiple occupancy of 
the particular area; or
    (2) It reasonably appears that the sale or distribution will present 
a clear and present danger to the public health and safety; or
    (3) The number of persons engaged in the sale or distribution 
exceeds the number that can reasonably be accommodated in the particular 
location applied for, considering such things as damage to park 
resources or facilities, impairment of a protected area's atmosphere of 
peace and tranquility, interference with program activities, or 
impairment of public use facilities; or
    (4) The location applied for has not been designated as available 
for the sale or distribution of printed matter; or
    (5) The activity would constitute a violation of an applicable law 
or regulation.
    (d) If a permit is denied, the applicant shall be so informed in 
writing, with the reason(s) for the denial set forth.
    (e) The superintendent shall designate on a map, which shall be 
available for inspection in the office of the superintendent, the 
locations within the park area that are available for the sale or 
distribution of printed matter. Locations may be designated as not 
available only if the sale or distribution of printed matter would:
    (1) Cause injury or damage to park resources; or
    (2) Unreasonably impair the atmosphere of the peace and tranquility 
maintained in wilderness, natural, historic, or commemorative zones; or
    (3) Unreasonably interfere with interpretive, visitor service, or 
other program activities, or with the administrative activities of the 
National Park Service; or
    (4) Substantially impair the operation of public use facilities or 
services of National Park Service concessioners or contractors.
    (5) Present a clear and present damage to the public health and 
safety.
    (f) The permit may contain such conditions as are reasonably 
consistent with protection and use of the park area for the purposes for 
which it is established.
    (g) No permit shall be issued for a period in excess of 14 
consecutive days, provided that permits may be extended for like 
periods, upon a new application, unless another applicant has requested 
use of the same location and multiple occupancy of that location is not 
reasonably possible.

[[Page 31]]

    (h) It is prohibited for persons engaged in the sale or distribution 
of printed matter under this section to obstruct or impede pedestrians 
or vehicles, harass park visitors with physical contact or persistent 
demands, misrepresent the purposes or affiliations of those engaged in 
the sale or distribution, or misrepresent whether the printed matter is 
available without cost or donation.
    (i) A permit may be revoked under any of those conditions, as listed 
in paragraph (c) of this section, that constitute grounds for denial of 
a permit, or for violation of the terms and conditions of the permit. 
Such a revocation shall be made in writing, with the reason(s) for 
revocation clearly set forth, except under emergency circumstances, when 
an immediate verbal revocation or suspension may be made, to be followed 
by written confirmation within 72 hours.
    (j) Violation of the terms and conditions of a permit issued in 
accordance with this section may result in the suspension or revocation 
of the permit.



Sec. 2.60  Livestock use and agriculture.

    (a) The running-at-large, herding, driving across, allowing on, 
pasturing or grazing of livestock of any kind in a park area or the use 
of a park area for agricultural purposes is prohibited, except:
    (1) As specifically authorized by Federal statutory law; or
    (2) As required under a reservation of use rights arising from 
acquisition of a tract of land; or
    (3) As designated, when conducted as a necessary and integral part 
of a recreational activity or required in order to maintain a historic 
scene.
    (b) Activities authorized pursuant to any of the exceptions provided 
for in paragraph (a) of this section shall be allowed only pursuant to 
the terms and conditions of a license, permit or lease. Violation of the 
terms and conditions of a license, permit or lease issued in accordance 
with this paragraph is prohibited and may result in the suspension or 
revocation of the license, permit, or lease.
    (c) Impounding of livestock. (1) Livestock trespassing in a park 
area may be impounded by the superintendent and, if not claimed by the 
owner within the periods specified in this paragraph, shall be disposed 
of in accordance with applicable Federal and State law.
    (2) In the absence of applicable Federal or State law, the livestock 
shall be disposed of in the following manner:
    (i) If the owner is known, prompt written notice of impoundment will 
be served, and in the event of the owner's failure to remove the 
impounded livestock within five (5) days from delivery of such notice, 
it will be disposed of in accordance with this paragraph.
    (ii) If the owner is unknown, disposal of the livestock shall not be 
made until at least fifteen (15) days have elapsed from the date that a 
notice of impoundment is originally published in a newspaper of general 
circulation in the county in which the trespass occurs or, if no such 
newspaper exists, notification is provided by other appropriate means.
    (iii) The owner may redeem the livestock by submitting proof of 
ownership and paying all expenses of the United States for capturing, 
advertising, pasturing, feeding, impounding, and the amount of damage to 
public property injured or destroyed as a result of the trespass.
    (iv) In determining the claim of the government in a livestock 
trespass, the value of forage consumed shall be computed at the 
commerical rates prevailing in the locality for the class of livestock 
found in trespass. The claim shall include the pro rata salary of 
employees for the time spent and the expenses incurred as a result of 
the investigation, reporting, and settlement or prosecution of the 
claim.
    (v) If livestock impounded under this paragraph is offered at public 
sale and no bid is received, or if the highest bid received is less than 
the amount of the claim of the United States or of the officer's 
appraised value of the livestock, whichever is the lesser amount, such 
livestock, may be sold at private sale for the highest amount 
obtainable, condemned and destroyed, or converted to the use of the 
United States.

[[Page 32]]



Sec. 2.61  Residing on Federal lands.

    (a) Residing in park areas, other than on privately owned lands, 
except pursuant to the terms and conditions of a permit, lease or 
contract, is prohibited.
    (b) Violation of the terms and conditions of a permit issued in 
accordance with this section is prohibited and may result in the 
suspension or revocation of the permit.



Sec. 2.62  Memorialization.

    (a) The installation of a monument, memorial, tablet, structure, or 
other commemorative installation in a park area without the 
authorization of the Director is prohibited.
    (b) The scattering of human ashes from cremation is prohibited, 
except pursuant to the terms and conditions of a permit, or in 
designated areas according to conditions which may be established by the 
superintendent.
    (c) Failure to abide by area designations and established conditions 
is prohibited.
    (d) Violation of the terms and conditions of a permit issued in 
accordance with this section is prohibited and may result in the 
suspension or revocation of the permit.



PART 3--BOATING AND WATER USE ACTIVITIES--Table of Contents




Sec.
3.1  Applicable regulations.
3.2  National Park Service distinctive identification.
3.3  Permits.
3.4  Accidents.
3.5  Inspections.
3.6  Prohibited operations.
3.7  Noise abatement.
3.20  Water skiing.
3.21  Swimming and bathing.
3.22  Surfing.
3.23  SCUBA and snorkeling.

    Authority: 16 U.S.C. 1, 1a-2(h), 3.

    Source: 48 FR 30290, June 30, 1983, unless otherwise noted.



Sec. 3.1  Applicable regulations.

    (a) In addition to the regulations contained in this part, title 14 
United States Code, title 33 Code of Federal Regulations, title 46 Code 
of Federal Regulations, title 49 Code of Federal Regulations, and the 
laws and regulations of the State within whose exterior boundaries a 
park area or portion thereof is located shall govern water use, vessels, 
and their operation and are adopted as a part of these regulations.
    (b) As adopted herein, Federal regulations authorizing an action by 
the ``captain of the port'' or another officer or employee of the United 
States Coast Guard, authorize a like action by the superintendent.



Sec. 3.2  National Park Service distinctive identification.

    (a) The distinctive identification insignia of National Park Service 
vessels shall consist of the following:
    (1) Three adjacent diagonal stripes running from the waterline to 
the gunwale on both port and starboard topsides approximately one-
quarter of the length from the bow. The stripes are set at an angle of 
30 deg. from the vertical, approximately parallel to the bow. The 
insignia consists of a broad forest green stripe followed by one narrow 
white and one narrow forest green stripe. Width of the broad green 
stripe shall be \1/2\ the vertical distance between gunwale and 
waterline. The narrow white and green stripes are 8% and 11% the width 
of the main green stripe respectively.
    (2) The National Park Service arrowhead symbol, described in 36 CFR 
part 11, centered within the broad green diagonal stripe.
    (3) The words ``National Park Service'' in contrasting color to 
vessel hull and utilized in place of State identification/registration 
numbers on the bow.
    (b) Displaying identifying markings identical to or resembling those 
prescribed for National Park Service vessels is prohibited.



Sec. 3.3  Permits.

    The superintendent may require a permit for use of a vessel within a 
park area in accordance with the criteria and procedures of Sec. 1.6 of 
this chapter.

[51 FR 29470, Aug. 18, 1986]

[[Page 33]]



Sec. 3.4  Accidents.

    (a) All incidents involving an accident, collision, fire injury or 
other casualty shall be reported to the superintendent within 24 hours. 
Filing this report does not satisfy applicable United States Coast 
Guard, State and county accident report requirements.
    (b) Failure to report an incident to the superintendent as soon as 
possible is prohibited.



Sec. 3.5  Inspections.

    (a) Authorized persons may at any time stop or board a vessel to 
examine documents, licenses or permits relating to operation of the 
vessel, and to inspect such vessel to determine compliance with 
regulations pertaining to safety equipment and operation.
    (b) An authorized person who observes a vessel being operated 
without sufficient lifesaving or firefighting devices, or in an 
overloaded or unsafe condition, as defined in United States Coast Guard 
or National Park Service regulations, may direct the operator to take 
immediate and reasonable steps necessary for the safety of those aboard 
the vessel, including but not limited to directing the operator to:

    (1) Correct the hazardous condition immediately;
    (2) Proceed to a mooring, dock, or anchorage; or
    (3) Suspend further use of the boat until the hazardous condition is 
corrected.
    (c) Violation of directions issued in accordance with paragraph (b) 
of this section is prohibited.



Sec. 3.6  Prohibited operations.

    The following are prohibited:
    (a) Operating a vessel, or knowingly allowing another person to 
operate a vessel, in a reckless or negligent manner, or in a manner so 
as to endanger or be likely to endanger a person or property.
    (b) Operating a vessel when under the influence of alcohol or 
controlled substance to a degree that may endanger oneself or another 
person or damage property or park resources.
    (c) Failing to observe restrictions established by a regulatory 
marker.
    (d) Operating a vessel in excess of 5 mph or creating a wake:
    (1) In areas so designated; or
    (2) Within 100 feet of a diver's marker, downed water skier or 
swimmer.
    (e) Operating a vessel not propelled by hand within 500 feet of a 
location designated as a swimming beach. This prohibition does not apply 
in locations such as rivers, channels, or narrow coves where passage is 
restricted to less than 500 feet. In such restrictive locations, the 
operation of a vessel in excess of 5 mph or creating a wake is 
prohibited.
    (f) Allowing a person to ride on the gunwales, transom, or on the 
decking over the bow of a vessel propelled by machinery, operating in 
excess of 5 mph; Provided, however, That this provision shall not apply 
under the following circumstances:
    (1) When that portion of the vessel was designed and constructed for 
the purpose of carrying passengers safely at all speeds,
    (2) When the vessel is being maneuvered for anchoring, mooring or 
casting off moorings.
    (g) Attaching a vessel to or interfering with a marker, navigation 
buoy or other navigational aid.
    (h) Using trailers to launch or recover vessels, except at 
designated launching sites.
    (i) Launching a vessel propelled by machinery at other than 
designated launch sites.
    (j) Operating a vessel propelled by machinery on waters not directly 
accessible by road.
    (k) Launching or operating airboats.
    (l) Operating a vessel in excess of designated size, length or width 
restrictions.



Sec. 3.7  Noise abatement.

    Operating a vessel in or upon inland waters so as to exceed a noise 
level of 82 decibels measured at a distance of 82 feet (25 meters) from 
the vessel is prohibited. Testing procedures employed to determine such 
noise levels shall be in accordance with or equal to the Exterior Sound 
Level Measurement Procedure for Vessels recommended by the Society of 
Automotive Engineers SAE-J34a (Revised April, 1977).

[[Page 34]]



Sec. 3.20  Water skiing.

    (a) The towing of persons by vessels is prohibited, except in 
designated waters.
    (b) Where towing is authorized, the following are prohibited:
    (1) Towing between the hours of sunset and sunrise.
    (2) Towing without one person (other than the operator) observing 
the progress of the person being towed.
    (3) Towing a person who is not wearing a personal flotation device. 
If the person being towed is wearing a flotation device not approved by 
the United States Coast Guard, there must be an approved personal 
flotation device readily available in the towing vessel.
    (4) Towing or being towed in channels or within 500 feet of areas 
designated as harbors, swimming beaches, or mooring areas, or within 100 
feet of a person fishing or swimming, or a diver's marker.



Sec. 3.21  Swimming and bathing.

    (a) The following are prohibited:
    (1) Swimming or bathing in locations designated as closed.
    (2) Swimming or bathing in violation of designated restrictions.
    (3) Swimming from vessels which are underway, except in 
circumstances where a capable operator is on board and all propulsion 
machinery is off and/or sails are furled.
    (b) The superintendent may prohibit the use of flotation devices, 
glass containers, kites, or incompatible sporting activities within 
locations designated as swimming beaches.



Sec. 3.22  Surfing.

    The use of surfboards and similar rigid devices within locations 
designated as swimming beaches is prohibited.



Sec. 3.23  SCUBA and snorkeling.

    The following are prohibited:
    (a) SCUBA diving and snorkeling within locations designated as 
swimming, docking, or mooring areas, except in accordance with 
conditions which may be established by the superintendent.
    (b) Diving in waters open to the use of vessels, other than those 
propelled by hand, without displaying a standard diver flag.



PART 4--VEHICLES AND TRAFFIC SAFETY--Table of Contents




Sec.
4.1  Applicability and scope.
4.2  State law applicable.
4.3  Authorized emergency vehicles.
4.4  Report of motor vehicle accident.
4.10  Travel on park roads and designated routes.
4.11  Load, weight and size limits.
4.12  Traffic control devices.
4.13  Obstructing traffic.
4.14  Open container of alcoholic beverage.
4.15  Safety belts.
4.20  Right of way.
4.21  Speed limits.
4.22  Unsafe operation.
4.23  Operating under the influence of alcohol or drugs.
4.30  Bicycles.
4.31  Hitchhiking.

    Authority: 16 U.S.C. 1, 3, 9a, 462(k).

    Source: 52 FR 10683, Apr. 2, 1987, unless otherwise noted.



Sec. 4.1  Applicability and scope.

    The applicability of the regulations in this part is described in 
Sec. 1.2 of this chapter. The regulations in this part also apply, 
regardless of land ownership, on all roadways and parking areas within a 
park area that are open to public traffic and that are under the 
legislative jurisdiction of the United States.



Sec. 4.2  State law applicable.

    (a) Unless specifically addressed by regulations in this chapter, 
traffic and the use of vehicles within a park area are governed by State 
law. State law that is now or may later be in effect is adopted and made 
a part of the regulations in this part.
    (b) Violating a provision of State law is prohibited.



Sec. 4.3  Authorized emergency vehicles.

    (a) The operator of an authorized emergency vehicle, when responding 
to an emergency or when pursuing or apprehending an actual or suspected 
violator of the law, may:
    (1) Disregard traffic control devices;
    (2) Exceed the speed limit; and
    (3) Obstruct traffic.

[[Page 35]]

    (b) The provisions of paragraph (a) of this section do not relieve 
the operator from the duty to operate with due regard for the safety of 
persons and property.



Sec. 4.4  Report of motor vehicle accident.

    (a) The operator of a motor vehicle involved in an accident 
resulting in property damage, personal injury or death shall report the 
accident to the superintendent as soon as practicable, but within 24 
hours of the accident. If the operator is physically incapable of 
reporting the accident, an occupant of the vehicle shall report the 
accident to the superintendent.
    (b) A person shall not tow or move a vehicle that has been involved 
in an accident without first notifying the superintendent unless the 
position of the vehicle constitutes a hazard or prior notification is 
not practicable, in which case notification shall be made before the 
vehicle is removed from the park area.
    (c) Failure to comply with a reporting requirement specified in 
paragraph (a) or (b) of this section is prohibited.
    (d) The notification requirements imposed by this section do not 
relieve the operator and occupants of a motor vehicle involved in an 
accident of the responsibility to satisfy reporting requirements imposed 
by State law.



Sec. 4.10  Travel on park roads and designated routes.

    (a) Operating a motor vehicle is prohibited except on park roads, in 
parking areas and on routes and areas designated for off-road motor 
vehicle use.
    (b) Routes and areas designated for off-road motor vehicle use shall 
be promulgated as special regulations. The designation of routes and 
areas shall comply with Sec. 1.5 of this chapter and E.O. 11644 (37 FR 
2887). Routes and areas may be designated only in national recreation 
areas, national seashores, national lakeshores and national preserves.
    (c) The following are prohibited:
    (1) Operating a motor vehicle not equipped with pneumatic tires, 
except that a track-laying motor vehicle or a motor vehicle equipped 
with a similar traction device may be operated on a route designated for 
these vehicles by the superintendent.
    (2) Operating a motor vehicle in a manner that causes unreasonable 
damage to the surface of a park road or route.
    (3) Operating a motor vehicle on a route or area designated for off-
road motor vehicle use, from \1/2\ hour after sunset to \1/2\ hour 
before sunrise, without activated headlights and taillights that meet 
the requirements of State law for operation on a State highway.



Sec. 4.11  Load, weight and size limits.

    (a) Vehicle load, weight and size limits established by State law 
apply to a vehicle operated on a park road. However, the superintendent 
may designate more restrictive limits when appropriate for traffic 
safety or protection of the road surface. The superintendent may require 
a permit and establish conditions for the operation of a vehicle 
exceeding designated limits.
    (b) The following are prohibited:
    (1) Operating a vehicle that exceeds a load, weight or size limit 
designated by the superintendent.
    (2) Failing to obtain a permit when required.
    (3) Violating a term or condition of a permit.
    (4) Operating a motor vehicle with an auxiliary detachable side 
mirror that extends more than 10 inches beyond the side fender line 
except when the motor vehicle is towing a second vehicle.
    (c) Violating a term or condition of a permit may also result in the 
suspension or revocation of the permit by the superintendent.



Sec. 4.12  Traffic control devices.

    Failure to comply with the directions of a traffic control device is 
prohibited unless otherwise directed by the superintendent.



Sec. 4.13  Obstructing traffic.

    The following are prohibited:
    (a) Stopping or parking a vehicle upon a park road, except as 
authorized by the superintendent, or in the event of an accident or 
other condition beyond the control of the operator.
    (b) Operating a vehicle so slowly as to interfere with the normal 
flow of traffic.

[[Page 36]]



Sec. 4.14  Open container of alcoholic beverage.

    (a) Each person within a motor vehicle is responsible for complying 
with the provisions of this section that pertain to carrying an open 
container. The operator of a motor vehicle is the person responsible for 
complying with the provisions of this section that pertain to the 
storage of an open container.
    (b) Carrying or storing a bottle, can or other receptacle containing 
an alcoholic beverage that is open, or has been opened, or whose seal is 
broken or the contents of which have been partially removed, within a 
motor vehicle in a park area is prohibited.
    (c) This section does not apply to:
    (1) An open container stored in the trunk of a motor vehicle or, if 
a motor vehicle is not equipped with a trunk, to an open container 
stored in some other portion of the motor vehicle designed for the 
storage of luggage and not normally occupied by or readily accessible to 
the operator or passengers; or
    (2) An open container stored in the living quarters of a motor home 
or camper; or
    (3) Unless otherwise prohibited, an open container carried or stored 
in a motor vehicle parked at an authorized campsite where the motor 
vehicle's occupant(s) are camping.
    (d) For the purpose of paragraph (c)(1) of this section, a utility 
compartment or glove compartment is deemed to be readily accessible to 
the operator and passengers of a motor vehicle.



Sec. 4.15  Safety belts.

    (a) Each operator and passenger occupying any seating position of a 
motor vehicle in a park area will have the safety belt or child 
restraint system properly fastened at all times when the vehicle is in 
motion. The safety belt and child restraint system will conform to 
applicable United States Department of Transportation standards.
    (b) This section does not apply to an occupant in a seat that was 
not originally equipped by the manufacturer with a safety belt nor does 
it apply to a person who can demonstrate that a medical condition 
prevents restraint by a safety belt or other occupant restraining 
device.

[62 FR 61633, Nov. 19, 1997]



Sec. 4.20  Right of way.

    An operator of a motor vehicle shall yield the right of way to 
pedestrians, saddle and pack animals and vehicles drawn by animals. 
Failure to yield the right of way is prohibited.



Sec. 4.21  Speed limits.

    (a) Park area speed limits are as follows:
    (1) 15 miles per hour: within all school zones, campgrounds, picnic 
areas, parking areas, utility areas, business or residential areas, 
other places of public assemblage and at emergency scenes.
    (2) 25 miles per hour: upon sections of park road under repair or 
construction.
    (3) 45 miles per hour: upon all other park roads.
    (b) The superintendent may designate a different speed limit upon 
any park road when a speed limit set forth in paragraph (a) of this 
section is determined to be unreasonable, unsafe or inconsistent with 
the purposes for which the park area was established. Speed limits shall 
be posted by using standard traffic control devices.
    (c) Operating a vehicle at a speed in excess of the speed limit is 
prohibited.
    (d) An authorized person may utilize radiomicrowaves or other 
electrical devices to determine the speed of a vehicle on a park road. 
Signs indicating that vehicle speed is determined by the use of 
radiomicrowaves or other electrical devices are not required.



Sec. 4.22  Unsafe operation.

    (a) The elements of this section constitute offenses that are less 
serious than reckless driving. The offense of reckless driving is 
defined by State law and violations are prosecuted pursuant to the 
provisions of section 4.2 of this chapter.
    (b) The following are prohibited:
    (1) Operating a motor vehicle without due care or at a speed greater 
than that which is reasonable and prudent considering wildlife, traffic, 
weather, road and light conditions and road character.

[[Page 37]]

    (2) Operating a motor vehicle in a manner which unnecessarily causes 
its tires to squeal, skid or break free of the road surface.
    (3) Failing to maintain that degree of control of a motor vehicle 
necessary to avoid danger to persons, property or wildlife.
    (4) Operating a motor vehicle while allowing a person to ride:
    (i) On or within any vehicle, trailer or other mode of conveyance 
towed behind the motor vehicle unless specifically designed for carrying 
passengers while being towed; or
    (ii) On any exterior portion of the motor vehicle not designed or 
intended for the use of a passenger. This restriction does not apply to 
a person seated on the floor of a truck bed equipped with sides, unless 
prohibited by State law.



Sec. 4.23  Operating under the influence of alcohol or drugs.

    (a) Operating or being in actual physical control of a motor vehicle 
is prohibited while:
    (1) Under the influence of alcohol, or a drug, or drugs, or any 
combination thereof, to a degree that renders the operator incapable of 
safe operation; or
    (2) The alcohol concentration in the operator's blood or breath is 
0.10 grams or more of alcohol per 100 milliliters of blood or 0.10 grams 
or more of alcohol per 210 liters of breath. Provided however, that if 
State law that applies to operating a motor vehicle while under the 
influence of alcohol establishes more restrictive limits of alcohol 
concentration in the operator's blood or breath, those limits supersede 
the limits specified in this paragraph.
    (b) The provisions of paragraph (a) of this section also apply to an 
operator who is or has been legally entitled to use alcohol or another 
drug.
    (c) Tests. (1) At the request or direction of an authorized person 
who has probable cause to believe that an operator of a motor vehicle 
within a park area has violated a provision of paragraph (a) of this 
section, the operator shall submit to one or more tests of the blood, 
breath, saliva or urine for the purpose of determining blood alcohol and 
drug content.
    (2) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissable in any related judicial proceeding.
    (3) Any test or tests for the presence of alcohol and drugs shall be 
determined by and administered at the direction of an authorized person.
    (4) Any test shall be conducted by using accepted scientific methods 
and equipment of proven accuracy and reliability operated by personnel 
certified in its use.
    (d) Presumptive levels. (1) The results of chemical or other 
quantitative tests are intended to supplement the elements of probable 
cause used as the basis for the arrest of an operator charged with a 
violation of paragraph (a)(1) of this section. If the alcohol 
concentration in the operator's blood or breath at the time of testing 
is less than alcohol concentrations specified in paragraph (a)(2) of 
this section, this fact does not give rise to any presumption that the 
operator is or is not under the influence of alcohol.
    (2) The provisions of paragraph (d)(1) of this section are not 
intended to limit the introduction of any other competent evidence 
bearing upon the question of whether the operator, at the time of the 
alleged violation, was under the influence of alcohol, or a drug, or 
drugs, or any combination thereof.



Sec. 4.30  Bicycles.

    (a) The use of a bicycle is prohibited except on park roads, in 
parking areas and on routes designated for bicycle use; provided, 
however, the superintendent may close any park road or parking area to 
bicycle use pursuant to the criteria and procedures of Secs. 1.5 and 1.7 
of this chapter. Routes may only be designated for bicycle use based on 
a written determination that such use is consistent with the protection 
of a park area's natural, scenic and aesthetic values, safety 
considerations and management objectives and will not disturb wildlife 
or park resources.
    (b) Except for routes designated in developed areas and special use 
zones, routes designated for bicycle use shall be promulgated as special 
regulations.
    (c) A person operating a bicycle is subject to all sections of this 
part that

[[Page 38]]

apply to an operator of a motor vehicle, except Secs. 4.4, 4.10, 4.11 
and 4.14.
    (d) The following are prohibited:
    (1) Possessing a bicycle in a wilderness area established by Federal 
statute.
    (2) Operating a bicycle during periods of low visibility, or while 
traveling through a tunnel, or between sunset and sunrise, without 
exhibiting on the operator or bicycle a white light or reflector that is 
visible from a distance of at least 500 feet to the front and with a red 
light or reflector visible from at least 200 feet to the rear.
    (3) Operating a bicycle abreast of another bicycle except where 
authorized by the superintendent.
    (4) Operating a bicycle while consuming an alcoholic beverage or 
carrying in hand an open container of an alcoholic beverage.



Sec. 4.31  Hitchhiking.

    Hitchhiking or soliciting transportation is prohibited except in 
designated areas and under conditions established by the superintendent.



PART 5--COMMERCIAL AND PRIVATE OPERATIONS--Table of Contents




Sec.
5.1  Advertisements.
5.2  Alcoholic beverages; sale of intoxicants.
5.3  Business operations.
5.4  Commercial passenger-carrying motor vehicles.
5.5  Commercial photography.
5.6  Commercial vehicles.
5.7  Construction of buildings or other facilities.
5.8  Discrimination in employment practices.
5.9  Discrimination in furnishing public accommodations and 
          transportation services.
5.10  Eating, drinking, or lodging establishments.
5.11--5.12  [Reserved]
5.13  Nuisances.
5.14  Prospecting, mining, and mineral leasing.

    Authority: 16 U.S.C. 1, 3, 9a, 17j-2, 462.

    Source: 31 FR 16660, Dec. 29, 1966, unless otherwise noted.



Sec. 5.1  Advertisements.

    Commercial notices or advertisements shall not be displayed, posted, 
or distributed on federally owned or controlled lands within a park area 
unless prior written permission has been given by the Superintendent. 
Such permission may be granted only if the notice or advertisement is of 
goods, services, or facilities available within the park area and such 
notices and advertisements are found by the Superintendent to be 
desirable and necessary for the convenience and guidance of the public.



Sec. 5.2  Alcoholic beverages; sale of intoxicants.

    (a) The sale of alcoholic, spirituous, vinous, or fermented liquor, 
containing more than 1 percent of alcohol by weight, shall conform with 
all applicable Federal, State, and local laws and regulations (See also 
Sec. 2.35 of this chapter.)
    (b) No such liquor shall be sold on any privately owned lands under 
the legislative jurisdiction of the United States within Glacier, Lassen 
Volcanic Mesa Verde, Mount McKinley, Mount Rainier, Olympic, Rocky 
Mountain, Sequoia-Kings Canyon, Yellowstone, or Yosemite National Parks, 
unless a permit for the sale thereof has first been secured from the 
appropriate Regional Director.
    (1) In granting or refusing applications for permits as herein 
provided, the Regional Directors shall take into consideration the 
character of the neighborhood, the availability of other liquor-
dispensing facilities, the local laws governing the sale of liquor, and 
any other local factors which have a relationship to the privilege 
requested.
    (2) A fee will be charged for the issuance of such a permit, 
corresponding to that charged for the exercise of similar privileges 
outside the park area boundaries by the State government, or appropriate 
political subdivision thereof within whose exterior boundaries the place 
covered by the permit is situated.
    (3) The applicant or permittee may appeal to the Director from any 
final action of the appropriate Regional Director refusing, conditioning 
or revoking the permit. Such an appeal shall be filed, in writing, 
within 20 days after receipt of notice by the applicant or permittee of 
the action appealed from. Any final decision of the Director may

[[Page 39]]

be appealed to the Secretary of the Interior within 15 days after 
receipt of notice by the applicant or permittee of the Director's 
decision.
    (4) The permit for sale of intoxicating liquors shall contain such 
general and special conditions as the Regional Director may deem 
reasonably necessary to insure safe and orderly management of the park 
area.
    (5) The permittee shall comply with all State and county laws and 
regulations, other than fee and license requirements, which would be 
applicable to the premises and to the sale and dispensing of 
intoxicating beverages if the privately owned lands were not subject to 
the jurisdiction of the United States.

[31 FR 16660, Dec. 29, 1966, as amended at 35 FR 12542, Aug. 6, 1970]



Sec. 5.3  Business operations.

    Engaging in or soliciting any business in park areas, except in 
accordance with the provisions of a permit, contract, or other written 
agreement with the United States, except as such may be specifically 
authorized under special regulations applicable to a park area, is 
prohibited.



Sec. 5.4  Commercial passenger-carrying motor vehicles.

    (a) The commercial transportation of passengers by motor vehicles 
except as authorized under a contract or permit from the Secretary or 
his authorized representative is prohibited in Crater Lake (prohibition 
is limited to sightseeing tours on the rim drive), Glacier (prohibition 
does not apply to nonscheduled tours on portions of the park road as 
defined in Sec. 7.3 of this chapter), Grand Canyon (prohibition does not 
apply to the north rim or to nonscheduled tours as defined in Sec. 7.4 
of this chapter), Grand Teton (prohibition does not apply to those 
portions of Highways Nos. 26, 89, 187, and 287 commencing at the south 
boundary of the park and running in a general northerly direction to the 
east and north boundaries of the park), Mesa Verde (prohibition does not 
apply to transportation between points within the park and outside 
points), Mount McKinley (prohibition does not apply to that portion of 
the Denali Highway between the Nenana River and the McKinley Park 
Hotel), Sequoia-Kings Canyon, Yellowstone (prohibition does not apply to 
nonscheduled tours as defined in Sec. 7.13 of this chapter, nor to that 
portion of U.S. Highway 191 traversing the northwest corner of the park) 
and Yosemite National Parks. The following principles will govern the 
interpretation and enforcement of the section:
    (1) Transportation is commercial if it is operated primarily as a 
business activity or for profit of the operator, or if any person or 
organization may receive a profit, commission, fee, brokerage or other 
compensation for organizing, advertising, promoting, soliciting or 
selling the trip or tour of which such transportation is a part.
    (2) Transportation is commercial if payment therefor is made 
directly or indirectly to the operator: Provided, That bona fide sharing 
of actual expenses will not be deemed a payment.
    (3) Transportation by a motor vehicle licensed as a commercial 
vehicle, or of commercial type, will be presumed to be commercial unless 
otherwise established to the satisfaction of the Superintendent or his 
authorized representative.
    (4) Transportation will not be deemed commercial for the sole reason 
that the motor vehicle is chartered or rented in good faith to the 
operator, by the owner, for general use at a charge based upon time or 
mileage or both. Nothing in this section is intended to prohibit the 
operation of pleasure type automobiles rented without a driver on the 
normal terms from the owner.
    (5) Subject to the provision of paragraph (a)(1) of this section, 
transportation is not commercial if it is a part of a trip or tour 
initiated, organized, and directed by an established bona fide school or 
college, institution, society or other organization, as a nonprofit 
activity of such organization, and if all passengers are students, 
faculty, members, or employees of such organization, or otherwise 
connected therewith, provided that credentials are presented at the park 
entrance from the head of such institution or organization indicating 
the trip is in accordance with the provisions stipulated herein. Clubs 
or associations having as

[[Page 40]]

a principal purpose the arranging of tours, trips, or transportation for 
their members will not qualify for admission into the above-named parks 
under the provision of this paragraph.
    (6) As used in this section, ``owner'' means the person or 
organization having legal title, or all the incidents of ownership other 
than legal title, of a motor vehicle by which passengers may be 
transported, and includes a registered owner or a purchaser under a 
conditional sales contract. ``Operator'' means the person, organization, 
or group that arranges for the transportation, assumes responsibility 
for financial risk and management, and determines who shall be 
transported upon what terms, conditions, or charges. The operator may be 
the owner, but need not be.
    (b) Passenger-carrying motor vehicles, otherwise admissible, that 
are so large as to require special escort in order to proceed safely 
over park roads, or which in the judgment of the Superintendent are 
beyond the carrying capacity or safety factor of the roads, will not be 
permitted in the parks, except that, where they may satisfactorily enter 
and travel to park headquarters they may be parked there during the 
period of stay.

(5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3)

[31 FR 16660, Dec. 29, 1966, as amended at 37 FR 12722, June 28, 1972; 
38 FR 10639, Apr. 30, 1973; 60 FR 35841, July 12, 1995]



Sec. 5.5  Commercial photography.

    (a) Motion pictures, television. Before any motion picture may be 
filmed or any television production or sound track may be made, which 
involves the use of professional casts, settings, or crews, by any 
person other than bona fide newsreel or news television personnel, 
written permission must first be obtained from the Superintendent, in 
accordance with the provisions of the special regulations contained in 
part 5, subtitle A, title 43 of the Code of Federal Regulations.
    (b) Still photography. The taking of photographs of any vehicle, or 
other articles of commerce or models for the purpose of commercial 
advertising without a written permit from the Superintendent is 
prohibited.



Sec. 5.6  Commercial vehicles.

    (a) The term ``Commercial vehicle'' as used in this section shall 
include, but not be limited to trucks, station wagons, pickups, 
passenger cars or other vehicles when used in transporting movable 
property for a fee or profit, either as a direct charge to another 
person, or otherwise, or used as an incident to providing services to 
another person, or used in connection with any business.
    (b) The use of government roads within park areas by commercial 
vehicles, when such use is in no way connected with the operation of the 
park area, is prohibited, except that in emergencies the Superintendent 
may grant permission to use park roads.
    (c) The Superintendent shall issue permits for commercial vehicles 
used on park area roads when such use is necessary for access to private 
lands situated within or adjacent to the park area, to which access is 
otherwise not available.



Sec. 5.7  Construction of buildings or other facilities.

    Constructing or attempting to construct a building, or other 
structure, boat dock, road, trail, path, or other way, telephone line, 
telegraph line, power line, or any other private or public utility, upon 
across, over, through, or under any park areas, except in accordance 
with the provisions of a valid permit, contract, or other written 
agreement with the United States, is prohibited.



Sec. 5.8  Discrimination in employment practices.

    (a) The proprietor, owner, or operator of any hotel, inn, lodge or 
other facility or accommodation offered to or enjoyed by the general 
public within any park area is prohibited from discriminating against 
any employee or maintaining any employment practice which discriminates 
because of race, creed, color, ancestry, sex, age, disabling condition, 
or national origin in connection with any activity provided for or 
permitted by contract with or permit from the Government or by 
derivative subcontract or sublease. As used in this section, the term 
``employment'' includes, but is not limited to,

[[Page 41]]

employment, upgrading, demotion, or transfer; recruitment, or 
recruitment advertising; layoffs or termination; rates of pay or other 
forms of compensation; and selection for training including 
apprenticeship.
    (b) Each such proprietor, owner or operator shall post either the 
following notice:

                                 Notice

    This is a facility operated in an area under the jurisdiction of the 
United States Department of the Interior. No discrimination in 
employment practices on the basis of race, creed, color, ancestry, sex, 
age, disabling condition, or national origin is permitted in this 
facility. Violations of this prohibition are punishable by fine, 
imprisonment, or both.
    Complaints or violations of this prohibition should be addressed to 
the Director, National Park Service, P.O. Box 37127, Washington, D.C. 
20013-7127.


or notices supplied in accordance with Executive Order 11246 at such 
locations as will ensure that the notice and its contents will be 
conspicuous to any person seeking employment.
    (c) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987; 
53 FR 740, Jan. 12, 1988]



Sec. 5.9  Discrimination in furnishing public accommodations and transportation services.

    (a) The proprietor, owner or operator and the employees of any 
hotel, inn, lodge, or other facility or accommodation offered to or 
enjoyed by the general public within a park area and, while using such a 
park area, any commercial passenger-carrying motor vehicle service and 
its employees, are prohibited from: (1) Publicizing the facilities, 
accommodations or any activity conducted therein in any manner that 
would directly or inferentially reflect upon or question the 
acceptability of any person or persons because of race, creed, color, 
ancestry, sex, age, disabling condition, or national origin; or (2) 
discriminating by segregation or otherwise against any person or persons 
because of race, creed, color, ancestry, sex, age, disabling condition, 
or national origin in furnishing or refusing to furnish such person or 
persons any accommodation, facility, service, or privilege offered to or 
enjoyed by the general public.
    (b) Each such proprietor, owner, or operator shall post the 
following notice at such locations as will insure that the notice and 
its contents will be conspicuous to any person seeking accommodations, 
facilities, services, or privileges:

                                 Notice

    This is a facility operated in an area under the jurisdiction of the 
U.S. Department of the Interior.
    No discrimination by segregation or other means in the furnishing of 
accommodations, facilities, services, or privileges on the basis of 
race, creed, color, ancestry, sex, age, disabling condition or national 
origin is permitted in the use of this facility. Violations of this 
prohibition are punishable by fine, imprisonment, or both.
    Complaints of violations of this prohibition should be addressed to 
the Director, National Park Service, P.O. Box 37127, Washington, D.C. 
20013-7127.

    (c) The regulations contained in this section apply, regardless of 
land ownership, on all lands and waters within a park area that are 
under the legislative jurisdiction of the United States.

[31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987; 
53 FR 740, Jan. 12, 1988]



Sec. 5.10  Eating, drinking, or lodging establishments.

    (a) No establishment offering food, drink, or lodging for sale on 
any privately owned lands under the legislative jurisdiction of the 
United States within Glacier, Lassen Volcanic, Mesa Verde, Mount 
McKinley, Mount Rainier, Olympic, Rocky Mountain, Sequoia-Kings Canyon, 
Yellowstone, and Yosemite National Parks may be operated without a 
permit obtained from the Superintendent. Such permit may include terms 
and conditions deemed necessary by the Superintendent to the health, 
safety and welfare of the public and it may be revoked upon failure to 
comply with the requirements of paragraphs (b) and (c) of this section 
or the conditions set forth in the permit.

[[Page 42]]

    (b) Such establishment shall be maintained and operated in 
accordance with the rules and regulations recommended by the U.S. Public 
Health Service for such establishments, and the substantive requirements 
of State and local laws and regulations relating to such establishments, 
which would apply if such privately owned lands were not subject to the 
jurisdiction of the United States. In the event of conflict or 
inconsistency between such U.S. Public Health Service recommendations 
and State or local laws the former shall prevail.
    (c) The Superintendent shall have the right to inspect such 
establishments at reasonable times to determine whether the 
establishment is being operated in accordance with the applicable rules 
and regulations and in accordance with the provisions of the permit.



Secs. 5.11--5.12  [Reserved]



Sec. 5.13  Nuisances.

    The creation or maintenance of a nuisance upon the federally owned 
lands of a park area or upon any private lands within a park area under 
the exclusive legislative jurisdiction of the United States is 
prohibited.



Sec. 5.14  Prospecting, mining, and mineral leasing.

    Prospecting, mining, and the location of mining claims under the 
general mining laws and leasing under the mineral leasing laws are 
prohibited in park areas except as authorized by law.



PART 6--SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK SYSTEM--Table of Contents




Sec.
6.1  Purpose.
6.2  Applicability and scope.
6.3  Definitions.
6.4  Solid waste disposal sites not in operation on September 1, 1984.
6.5  Solid waste disposal sites in operation on September 1, 1984.
6.6  Solid waste disposal sites within new additions to the National 
          Park System.
6.7  Mining wastes.
6.8  National Park Service solid waste responsibilities.
6.9  Permits.
6.10  Financial assurance.
6.11  Appeals.
6.12  Prohibited acts and penalties.

    Authority: 16 U.S.C. 1, 3, 460l-22(c).

    Source: 59 FR 65957, Dec. 22, 1994, unless otherwise noted.



Sec. 6.1  Purpose.

    (a) The regulations contained in this part prohibit the operation of 
any solid waste disposal site, except as specifically provided for, and 
govern the continued use of any existing solid waste disposal site 
within the boundaries of any unit of the National Park System.
    (b) The purpose of the regulations in this part is to ensure that 
all activities within the boundaries of any unit of the National Park 
System resulting from the operation of a solid waste disposal site are 
conducted in a manner to prevent the deterioration of air and water 
quality, to prevent degradation of natural and cultural, including 
archeological, resources, and to reduce adverse effects to visitor 
enjoyment.
    (c) The regulations in this part interpret and implement Pub. L. 98-
506, 98 Stat. 2338 (16 U.S.C. 460l-22(c)).



Sec. 6.2  Applicability and scope.

    (a) The regulations contained in this part apply to all lands and 
waters within the boundaries of all units of the National Park System, 
whether federally or nonfederally owned, and without regard to whether 
access to a solid waste disposal site requires crossing federally-owned 
or controlled lands or waters.
    (b) The regulations contained in this part govern:
    (1) The use of solid waste disposal sites not in operation on 
September 1, 1984, including the approval of new solid waste disposal 
sites;
    (2) The continued use or closure of solid waste disposal sites that 
were in operation on September 1, 1984;
    (3) The continued use or closure of solid waste disposal sites on 
lands or waters added to the National Park System after January 23, 
1995.
    (c) Exceptions.
    (1) The regulations contained in this part do not govern the 
disposal of residential or agricultural solid wastes in a site by a 
person who can show that he or she:
    (i) Resides within the boundaries of the unit;

[[Page 43]]

    (ii) Generates the residential or agricultural solid waste within 
the boundaries of the unit;
    (iii) Disposes of the solid waste only on lands that the person owns 
or leases within the unit;
    (iv) Does not engage in a solid waste disposal practice that poses a 
reasonable probability of adverse effects on health or the environment, 
as described by the criteria in 40 CFR part 257, Criteria For 
Classification Of Solid Waste Disposal Facilities and Practices found at 
40 CFR 257.3-1 to 257.3-8; and
    (v) Is not required to possess a State or local permit or license 
for the disposal of solid waste.
    (2) The exemption in paragraph (c)(1) of this section does not apply 
to agricultural solid waste consisting of a chemical used as a 
pesticide, an item used to apply, or a container used to store, a 
pesticide.
    (3) Manure and crop residue returned to the soil as a fertilizer or 
soil conditioner are not solid wastes for purposes of this part, and do 
not require a request, environmental report, financial assurance or 
permit issued under this part.
    (d) The conditions in Sec. 6.4(a) govern the establishment of new, 
or the expansion of existing, solid waste disposal sites operated by the 
National Park Service. The conditions in Sec. 6.5(c) govern the 
continued use of existing solid waste disposal sites operated by the 
National Park Service. However, the permit, financial assurance, 
administrative and penalty provisions of this part do not apply to any 
solid waste disposal site operated by the National Park Service.



Sec. 6.3  Definitions.

    The following definitions apply to this part:
    Agricultural solid waste means solid waste that is generated by the 
rearing or harvesting of animals, or the producing or harvesting of 
crops or trees.
    Boundaries means the limits of lands or waters that constitute a 
unit of the National Park System as specified by Congress, denoted by 
Presidential Proclamation, recorded in the records of a State or 
political subdivision in accordance with applicable law, published 
pursuant to law, or otherwise published or posted by the National Park 
Service.
    Closure and Post-closure care means all of the requirements 
prescribed by 40 CFR part 258, Criteria For Municipal Solid Waste 
Landfills at 40 CFR 258.60 and 258.61.
    Compostible materials means organic substances that decay under 
natural and/or human-assisted conditions within relatively short time 
intervals, generally not in excess of ninety days.
    Degrade means to lessen or diminish in quantity, quality or value.
    Hazardous waste means a waste defined by 40 CFR part 261, 
Identification And Listing Of Hazardous Waste. Hazardous waste does not 
include any solid waste listed under 40 CFR 261.4(b).
    Leachate means liquid that has percolated through solid waste and 
has extracted, dissolved or suspended materials in it.
    Mining overburden means material overlying a mineral deposit that is 
removed to gain access to that deposit.
    Mining wastes means residues that result from the extraction of raw 
materials from the earth.
    National Park Service activities means operations conducted by the 
National Park Service or a National Park Service contractor, 
concessionaire or commercial use licensee.
    National Park System means any area of land or water now or 
hereafter administered by the Secretary of the Interior through the 
National Park Service for park, monument, historic, parkway, 
recreational or other purposes.
    Natural resource means the components of a park, both biotic and 
abiotic, including but not limited to, vegetation, wildlife, fish, 
water, including surface and ground water, air, soils, geological 
features, including subsurface strata, the natural processes and 
interrelationships that perpetuate such resources, and attributes that 
contribute to visitor enjoyment.
    Operator means a person conducting or proposing to conduct the 
disposal of solid waste.
    PCBs or PCB item means an item as defined in 40 CFR part 761, 
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution 
In Commerce, And Use Prohibitions at 40 CFR 761.3(x).

[[Page 44]]

    Residential solid waste means waste generated by the normal 
activities of a household, including, but not limited to, food waste, 
yard waste and ashes, but not including metal or plastic.
    Solid waste means garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, and 
contained gaseous material resulting from industrial, commercial, mining 
and agricultural operations or from community activities. ``Solid 
waste'' does not include a material listed under 40 CFR 261.4(a).
    Solid waste disposal site means land or water where deliberately 
discarded solid waste, as defined above, is discharged, deposited, 
injected, dumped, spilled, leaked, or placed so that such solid waste or 
a constituent thereof may enter the environment or be emitted into the 
air or discharged into waters, including ground waters. Solid waste 
disposal sites include facilities for the incineration of solid waste 
and transfer stations. Facilities for the management of compostible 
materials are not defined as solid waste disposal sites for the purposes 
of this part.



Sec. 6.4  Solid waste disposal sites not in operation on September 1, 1984.

    (a) No person may operate a solid waste disposal site within the 
boundaries of a National Park System unit that was not in operation on 
September 1, 1984, unless the operator has shown and the Regional 
Director finds that:
    (1) The solid waste is generated solely from National Park Service 
activities conducted within the boundaries of that unit of the National 
Park System;
    (2) There is no reasonable alternative site outside the boundaries 
of the unit suitable for solid waste disposal;
    (3) The site will not degrade any of the natural or cultural 
resources of the unit;
    (4) The site meets all other applicable Federal, State and local 
laws and regulations, including permitting requirements;
    (5) The site conforms to all of the restrictions and criteria in 40 
CFR 257.3-1 to 257.3-8, and 40 CFR part 258, subparts B, C, D, E and F;
    (6) The site will not be used for the storage, handling, or disposal 
of a solid waste containing:
    (i) Hazardous waste;
    (ii) Municipal solid waste incinerator ash;
    (iii) Lead-acid batteries;
    (iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
    (v) A material registered as a pesticide by the Environmental 
Protection Agency under the Federal Insecticide, Fungicide and 
Rodenticide Act (7 U.S.C. 136 et seq.);
    (vi) Sludge from a waste treatment plant, septic system waste, or 
domestic sewage;
    (vii) Petroleum, including used crankcase oil from a motor vehicle, 
or soil contaminated by such products;
    (viii) Non-sterilized medical waste;
    (ix) Radioactive materials; or
    (x) Tires;
    (7) The site is located wholly on nonfederal lands, except for NPS 
operated sites in units where nonfederal lands are unavailable, or 
unsuitable and there is no practicable alternative;
    (8) The site is not located within the 500 year floodplain, or in a 
wetland;
    (9) The site is not located within one mile of a National Park 
Service visitor center, campground, ranger station, entrance station, or 
similar public use facility, or a residential area;
    (10) The site will not be detectable by the public by sight, sound 
or odor from a scenic vista, a public use facility, a designated or 
proposed wilderness area, a site listed on, or eligible for listing on, 
the National Register of Historic Places, or a road designated as open 
to public travel;
    (11) The site will receive less than 5 tons per day of solid waste, 
on an average yearly basis; and
    (12) The proposed closure and post-closure care is sufficient to 
protect the resources of the National Park System unit from degradation.
    (b) A person proposing to operate a solid waste disposal site that 
was not in operation on September 1, 1984, must submit a request for a 
permit to the proper Superintendent for review by Regional Director 
demonstrating that the solid waste operation meets the

[[Page 45]]

criteria in paragraph (a) of this section. The following information 
must be included in a permit request:
    (1) A map or maps, satisfactory to the Regional Director, that 
adequately shows the proposed area of solid waste disposal, size of the 
area in acres, existing roads and proposed routes to and from the area 
of operations and the location and description of surface facilities;
    (2) The name and legal addresses of the following:
    (i) Owners of record of the land; and
    (ii) Any lessee, assignee or designee of the owner, if the proposed 
operator is not the owner of the land;
    (3) The mode and frequency (in number of trips per day) of transport 
and size and gross weight of major vehicular equipment to be used;
    (4) The amount of solid waste to be received, in average tons per 
day and average cubic yards per day;
    (5) The estimated capacity of the site in cubic yards and tons;
    (6) A detailed plan of the daily site operations;
    (7) A plan for the reclamation and post closure care of the site 
after completion of solid waste disposal;
    (8) Evidence that the proposed operator has obtained all other 
Federal, State and local permits necessary for solid waste disposal; and
    (9) An environmental report that includes the following:
    (i) A description of the natural and cultural resources and visitor 
uses to be affected;
    (ii) An assessment of hydrologic conditions of the disposal site 
with projections of leachate generation, composition, flow paths and 
discharge areas and geochemical fate of leachate constituents;
    (iii) An analysis of the quantitative and qualitative extent to 
which natural and cultural resources will be affected based on 
acceptable and appropriate monitoring of existing resource conditions;
    (iv) Steps to be taken by the operator to prevent degradation of air 
and water quality, to manage pests and vermin, and to minimize noise, 
odor, feeding by native wildlife and conflicts with visitor uses;
    (v) An analysis of alternative locations and methods for the 
disposal of the solid waste; and
    (vi) Any other information required by the Regional Director to 
effectively analyze the effects that the proposed solid waste disposal 
site may have on the preservation, management and public use of the 
unit.
    (c) If the Regional Director finds that the permit request and 
environmental report do not meet the conditions of approval set forth in 
paragraph (a) of this section, the Regional Director must reject the 
application and notify the proposed operator of the reasons for the 
rejection.



Sec. 6.5  Solid waste disposal sites in operation on September 1, 1984.

    (a) The operator of a solid waste disposal site in operation as of 
September 1, 1984, within the boundaries of a unit of the National Park 
System, having been in continuous operation on January 23, 1995, and who 
wishes to remain in operation, must submit to the proper Superintendent 
for review by the Regional Director, within 180 calendar days of January 
23, 1995, a permit request and an environmental report as described in 
Sec. 6.4(b) (1)-(9).
    (b) Any operator who fails to submit a request as described in 
paragraph (a) of this section will not be allowed to continue operations 
and must immediately fulfill all applicable closure and post-closure 
care requirements.
    (c) The Regional Director may approve a request to allow the 
continued use of a solid waste disposal site only if the operator has 
shown and the Regional Director finds that:
    (1) Adverse effects resulting from leachate, noise, odor, vehicular 
traffic, litter and other activities upon natural and cultural resources 
will be adequately mitigated;
    (2) The proposed operator meets all other applicable Federal, State 
and local laws and regulations, including permit requirements;
    (3) The site will no longer be used for the storage, handling or 
disposal of a solid waste containing:
    (i) Hazardous waste;
    (ii) Municipal solid waste incinerator ash;
    (iii) Lead-acid batteries;

[[Page 46]]

    (iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
    (v) A material registered as a pesticide by the Environmental 
Protection Agency under the Federal Insecticide, Fungicide and 
Rodenticide Act (7 U.S.C. 136 et seq.);
    (vi) Sludge from a waste treatment plant, septic system waste or 
domestic sewage;
    (vii) Petroleum, including used crankcase oil from a motor vehicle, 
or soil contaminated by such products;
    (viii) Non-sterilized medical waste;
    (ix) Radioactive materials; or
    (x) Tires;
    (4) The proposed closure and post-closure care is sufficient to 
protect the resources of the National Park System unit from degradation; 
and
    (5) The site conforms to all of the restrictions and criteria 
applicable to the site under 40 CFR 257.3 and 40 CFR part 258, or where 
applicable, 40 CFR part 240, Guidelines for the Thermal Processing of 
Solid Waste.
    (d) If the Regional Director finds that the permit request and the 
environmental report do not meet the conditions for approval set forth 
in paragraph (c) of this section, the Regional Director shall reject the 
request and notify the proposed operator of the reasons for the 
rejection. Within 90 calendar days of such notice, the operator of the 
solid waste disposal site must cease disposing of solid waste at the 
site. The operator may resume disposing of solid waste only upon 
submission and approval of a permit request and environmental report 
that the Regional Director determines meet the conditions set forth in 
paragraph (c) of this section.
    (e) Site expansions. (1) A request for an existing solid waste 
disposal site to continue operations by expanding its capacity, 
laterally or vertically, is considered a request for a new solid waste 
disposal site and is subject to the conditions of Sec. 6.4(a), except as 
provided in paragraph (e)(2) of this section.
    (2) A request for an existing solid waste disposal site to continue 
operations by expanding its capacity, laterally or vertically, will be 
judged by the approval conditions of paragraph (c) of this section if 
the operator shows that:
    (i) The solid waste is generated solely from sources within the 
boundaries of the unit;
    (ii) The area proposed for site expansion encompasses only 
nonfederal lands owned or leased by the operator; and
    (iii) the solid waste disposal site lacks road, rail, or adequate 
water access to any lands outside the unit for all or substantial 
portions of the year.
    (f) After January 23, 1995, an operator of an NPS-approved existing 
landfill solid waste disposal site may convert that site to a transfer 
station only after submitting a request under paragraph (a) of this 
section, and only after receiving approval from the Regional Director 
under paragraph (c) of this section. The Regional Director may approve 
such a request, if in addition to meeting the standards of paragraph (c) 
of this section, the Regional Director finds that the conversion to a 
transfer station better protects the unit's natural or cultural 
resources than the existing land-fill operation.



Sec. 6.6  Solid waste disposal sites within new additions to the National Park System.

    (a) An operator of a solid waste disposal site located on lands or 
waters added to the National Park System, by act of Congress or by 
proclamation, after January 23, 1995, will not be permitted to dispose 
of solid waste after expiration of the permit or license in effect on 
the date of the land's or water's designation as being within a National 
Park System unit's boundaries. The operator must then immediately 
fulfill all applicable closure and post-closure care requirements.
    (b) An operator of a solid waste disposal site located on lands or 
waters designated as being within the boundaries of a unit of the 
National Park System established or expanded after January 23, 1995, who 
wishes to remain in operation for the duration of the existing permit or 
license, must submit to the Regional Director, within 180 calendar days 
of the land's or water's designation as being within a National Park 
System unit boundaries, a permit request and environmental report as 
described in Sec. 6.4(b) (1)-(9).
    (c) Any operator who fails to submit a request as described in 
paragraph (b)

[[Page 47]]

of this section will be subject to the penalty provisions of Sec. 6.12.
    (d) If the Regional Director finds that the permit request and the 
environmental report do not meet the conditions for approval set forth 
in Sec. 6.5(c), the Regional Director will reject the request and notify 
the proposed operator of the reasons for the rejection. Within 90 
calendar days of such notice, the operator of the solid waste disposal 
site must cease disposing of solid waste at the site. The operator may 
resume disposing of solid waste only upon submission and approval of a 
permit request and environmental report that the Regional Director 
determines meet the conditions set forth in Sec. 6.5(c).



Sec. 6.7  Mining wastes.

    (a) Solid waste from mining includes but is not limited to mining 
overburden, mining byproducts, solid waste from the extraction, 
processing and beneficiation of ores and minerals, drilling fluids, 
produced waters, and other wastes associated with exploration, 
development, or production of oil, natural gas or geothermal energy and 
any garbage, refuse or sludge associated with mining and mineral 
operations.
    (b) A person conducting mining or mineral operations on January 23, 
1995, and not governed by a plan of operations approved under 36 CFR 
part 9, Minerals Management, or pursuant to the terms of a Federal 
mineral lease, may continue to operate a solid waste disposal site 
within the boundaries of a unit only after complying with Sec. 6.5 and 
Sec. 6.10 and with a permit issued by the Regional Director under 
Sec. 6.9.
    (c) A person conducting mining or mineral operations on January 23, 
1995, and governed by a plan of operations approved under 36 CFR part 9 
or pursuant to the terms of a Federal mineral lease may continue to 
operate a solid waste disposal site under the terms of the approved plan 
of operations or lease. Where an existing mining or mineral operation is 
governed by 36 CFR part 9 or a Federal mineral lease, an NPS-approved 
plan of operations will constitute the permit for solid waste disposal 
site operation otherwise required under Sec. 6.9. A bond required under 
36 CFR part 9, or by the Bureau of Land Management for Federal lessees, 
will satisfy the requirements of Sec. 6.10.
    (d) A person proposing to initiate mining or mineral operations 
after January 23, 1995, within the boundaries of a unit of the National 
Park System, whether or not governed by a plan of operations approved 
under 36 CFR part 9 or the terms of a Federal mineral lease, may not 
establish or operate a new solid waste disposal site within a unit.
    (e) The temporary storage, stockpiling for return, or return of 
nonhazardous mining overburden to the mine site for the purpose of mine 
site reclamation does not require a request, environmental report, 
financial assurance or a permit issued under this part.



Sec. 6.8  National Park Service solid waste responsibilities.

    (a) Beginning one year after January 23, 1995, a Superintendent will 
not permit or allow a person to dispose of solid waste at a National 
Park Service operated solid waste disposal site except for waste 
generated by National Park Service activities.
    (b) The Superintendent of a unit where the National Park Service 
operates a solid waste disposal site will establish a waste collection 
program for harmful wastes generated by residential activities by 
National Park Service and concessionaire households within the unit. The 
Superintendent will establish frequency and place of collection but such 
frequency must be, at a minimum, every twelve months.
    (c) Each Superintendent will ensure full compliance with regulations 
at 40 CFR part 244, Solid Waste Management Guidelines For Beverage 
Containers. Only those units of the National Park System where 
carbonated beverages in containers are not sold, or that have prepared 
formal documentation of nonimplementation under 40 CFR 244.100(f)(3) 
that has been approved by the Director and the Administrator of the 
Environmental Protection Agency, are exempt from the deposit and 
container return program mandated in 40 CFR part 244.
    (d) NPS concessionaires, commercial use licensees and contractors 
will comply with acquisition, recycling and

[[Page 48]]

waste minimization goals established by the NPS.



Sec. 6.9  Permits.

    (a) A permit issued under this section is required to operate a 
solid waste disposal site within the boundaries of a unit of the 
National Park System, except as specified in Sec. 6.2(c) or Sec. 6.7(c).
    (b) Upon receipt of a request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, 
the Regional Director will analyze whether a new site, or continued 
operation of an existing site, meets the approval conditions of 
Sec. 6.4, or Sec. 6.5 respectively. The Regional Director will also 
review the request under appropriate laws and executive orders, 
including, but not limited to the National Environmental Policy Act (43 
U.S.C. 4321), the National Historic Preservation Act (16 U.S.C. 470), 
the Endangered Species Act (16 U.S.C. 1531-1543), and E.O. 11988, 
Floodplain Management (3 CFR, 1978 Comp., p. 117), and E.O. 11990, 
Wetland Protection (3 CFR, 1978 Comp., 121).
    (c) The Regional Director must approve or deny a solid waste 
disposal site request under this part within 180 calendar days of 
receipt of the request. The 180 calendar days do not include any days 
required for consultation with State or Federal agencies under, but not 
limited to, the Endangered Species Act, the National Historic 
Preservation Act and the Coastal Zone Management Act, or days required 
to prepare an Environmental Impact Statement under the National 
Environmental Policy Act.
    (d) If the Regional Director approves a solid waste disposal site 
request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, the Regional Director may 
issue, after operator compliance with Sec. 6.10, a nontransferable 
permit, the term of which shall not exceed five years. The permittee may 
request a new five year permit upon expiration of an existing permit. 
The permit instrument will be Form 10-114 (OMB No. 1024-0026), Special 
Use Permit, available from the park Superintendent.
    (e) A permit for a solid waste disposal site will prescribe the site 
capacity and the requirements under which the solid waste disposal site 
will be operated. The requirements must include, but are not limited to:
    (1) Hours of operation;
    (2) Number, frequency, size, gross weight and types of vehicles 
used, and access routes;
    (3) Type and height of perimeter fencing;
    (4) Compliance with all applicable Federal, State and local laws and 
regulations, including permit requirements;
    (5) Type and frequency of groundwater, surface water, explosive gas 
and other pertinent natural resource monitoring;
    (6) Rights and conditions of access for inspection by National Park 
Service and other responsible Federal, State or local officials;
    (7) Closure and post-closure care requirements;
    (8) Methods of pest and vermin control;
    (9) Methods of excluding hazardous waste, municipal solid waste 
incinerator ash, lead-acid batteries, PCBs and PCB Items, material 
registered by the Environmental Protection Agency as a pesticide, sludge 
from a waste treatment plant or septic system, domestic sewage, 
petroleum, including used crankcase oil from a motor vehicle and soil 
contaminated by such products, medical waste, radioactive materials and 
tires;
    (10) Methods of excluding waste generated from non-National Park 
Service activities, except for a solid waste disposal site approved 
under Sec. 6.5, or Sec. 6.6, or Sec. 6.7(c); and
    (11) Methods of litter control.
    (f) Any conflict between a requirement of the permit issued by the 
National Park Service and a requirement of State or local law will be 
resolved in favor of the stricter of the two requirements.



Sec. 6.10  Financial assurance.

    (a) The Regional Director will not require a bond or security 
deposit for a solid waste disposal site for which the operator has 
established a bond under 40 CFR 258.74(b).
    (b) The Regional Director will not require a bond or security 
deposit for a solid waste disposal site whose owner or operator is a 
State entity whose debts and liabilities are the debts and liabilities 
of a State.

[[Page 49]]

    (c) Upon approval of a request to operate a new, or continue an 
existing, solid waste disposal site, an operator who is not described in 
paragraphs (a) or (b) of this section must file with the Regional 
Director a suitable performance bond with satisfactory surety, payable 
to the Secretary of the Interior or the Secretary's designee. The bond 
must be conditioned upon faithful compliance with all applicable laws 
and regulations, and the permit requirements as approved. When bonds are 
to serve as security, an operator must provide a power of attorney to 
the Secretary or the Secretary's designee. The bond must be issued by a 
surety company listed and approved by the Department of the Treasury.
    (d) In lieu of a performance bond, an operator may deposit with the 
Secretary or the Secretary's designee cash or negotiable bonds of the 
United States Government. The cash deposit or the market value of such 
securities must be at least equal to the required sum of the bond(s).
    (e) The bond or security deposit will be established by the Regional 
Director in an amount equal to the estimated cost to accomplish all 
closure and post-closure care requirements as described in 40 CFR part 
258, subpart F, but in no case less than $25,000.
    (f) The responsibility and liability of the operator (and the 
surety, if any) under the bond or security deposit must continue until 
the Regional Director determines that closure and post- closure care 
have been completed in accordance with the permit requirements. No 
portion of the performance bond or security deposit may be released 
until such a determination has been made.
    (g) Within 30 calendar days after the Regional Director determines 
that all closure and post-closure care requirements have been 
successfully completed according to the permit, the Regional Director 
will notify the operator (and the surety, if any) that liability under 
the bond or security deposit has been terminated and the bond or 
security deposit released.



Sec. 6.11  Appeals.

    (a) An applicant aggrieved by a decision of the Regional Director 
with regard to a permit request under this part may appeal, in writing, 
to the Director for reconsideration. The aggrieved applicant must file 
the appeal with the Director within 45 calendar days of notification to 
the applicant of the decision complained of. The appeal must set forth 
in detail the respects to which the decision of the Regional Director is 
contrary to, or in conflict with, the facts, the law, this part, or is 
otherwise in error.
    (b)(1) Within 45 calendar days after receiving the written appeal of 
the aggrieved applicant, the Director will make a decision in writing. 
The Director's decision will include:
    (i) A statement of facts;
    (ii) A statement of conclusions; and
    (iii) an explanation of the reasons upon which the conclusions are 
based.
    (2) The decision of the Director will constitute the final 
administrative action of the National Park Service.



Sec. 6.12  Prohibited acts and penalties.

    (a) The following are prohibited:
    (1) Operating a solid waste disposal site without a permit issued 
under Sec. 6.9 or, where applicable, without approval granted under 
Sec. 6.7(c);
    (2) Operating a solid waste disposal site without the proper amount 
or form of bond or security deposit, as prescribed by the Regional 
Director, when such a bond or security deposit is required by this part;
    (3) Operating a solid waste disposal site in violation of a term or 
a requirement of a National Park Service issued permit; or
    (4) Operating a solid waste disposal site in violation of 40 CFR 
Parts 257 or 258, or in violation of the equivalent State law or 
regulation.
    (b) A person who violates a provision of paragraph (a) of this 
section is subject to:
    (1) The penalty provisions of 36 CFR 1.3; and/or
    (2) Revocation of the permit by the Regional Director if a permit 
exists; and/or
    (3) Forfeiture of a bond or security deposit if a bond or security 
deposit is required under Sec. 6.10.

[[Page 50]]



PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM--Table of Contents




Sec.
7.1  Colonial National Historical Park.
7.2  Crater Lake National Park.
7.3  Glacier National Park.
7.4  Grand Canyon National Park.
7.5  Mount Rainier National Park.
7.6  Muir Woods National Monument.
7.7  Rocky Mountain National Park.
7.8  Sequoia and Kings Canyon National Parks.
7.9  St. Croix National Scenic Rivers.
7.10  Zion National Park.
7.11  [Reserved]
7.12  Gulf Islands National Seashore.
7.13  Yellowstone National Park.
7.14  Great Smoky Mountains National Park.
7.15  Shenandoah National Park.
7.16  Yosemite National Park.
7.17  Cuyahoga Valley National Recreation Area.
7.18  Hot Springs National Park.
7.19  Canyon de Chelly National Monument.
7.20  Fire Island National Seashore.
7.21  John D. Rockefeller, Jr. Memorial Parkway.
7.22  Grand Teton National Park.
7.23  Badlands National Park.
7.24  Upper Delaware Scenic and Recreational River.
7.25  Hawaii Volcanoes National Park.
7.26  Death Valley National Monument.
7.27  Fort Jefferson National Monument.
7.28  Olympic National Park.
7.29  Gateway National Recreation Area.
7.30  Devils Tower National Monument.
7.31  Perry's Victory and International Peace Memorial.
7.32  Pictured Rocks National Lakeshore.
7.33  Voyageurs National Park.
7.34  Blue Ridge Parkway.
7.35  Buffalo National River.
7.36  Mammoth Cave National Park.
7.37  Jean Lafitte National Historical Park.
7.38  Isle Royale National Park.
7.39  Mesa Verde National Park.
7.40  Hopewell Village National Historic Site.
7.41  Big Bend National Park.
7.42  Pipestone National Monument.
7.43  Natchez Trace Parkway.
7.44  [Reserved]
7.45  Everglades National Park.
7.46  [Reserved]
7.47  Carlsbad Caverns National Park.
7.48  Lake Mead National Recreation Area.
7.49  [Reserved]
7.50  Chickasaw Recreation Area.
7.51  Curecanti Recreation Area.
7.52  Cedar Breaks National Monument.
7.53  Black Canyon of the Gunnison National Monument.
7.54  Theodore Roosevelt National Park.
7.55  Coulee Dam Recreation Area.
7.56  Acadia National Park.
7.57  Lake Meredith Recreation Area.
7.58  Cape Hatteras National Seashore.
7.59  Grand Portage National Monument.
7.60  Herbert Hoover National Historic Site.
7.61  Fort Caroline National Memorial.
7.62  Lake Chelan National Recreation Area.
7.63  Dinosaur National Monument.
7.64  Petersburg National Battlefield.
7.65  Assateague Island National Seashore.
7.66  North Cascades National Park.
7.67  Cape Cod National Seashore.
7.68  Russell Cave National Monument.
7.69  Ross Lake National Recreation Area.
7.70  Glen Canyon National Recreation Area.
7.71  Delaware Water Gap National Recreation Area.
7.72  Arkansas Post National Memorial.
7.73  Buck Island Reef National Monument.
7.74  Virgin Islands National Park.
7.75  Padre Island National Seashore.
7.76  Wright Brothers National Memorial.
7.77  Mount Rushmore National Memorial.
7.78  Harpers Ferry National Historical Park.
7.79  Amistad Recreation Area.
7.80  Sleeping Bear Dunes National Lakeshore.
7.81  Point Reyes National Seashore.
7.82  Apostle Islands National Lakeshore.
7.83  Ozark National Scenic Riverways.
7.84  Channel Islands National Park.
7.85  Big Thicket National Preserve.
7.86  Big Cypress National Preserve.
7.87  Kaloko-Honokohau National Historical Park.
7.88  Indiana Dunes National Lakeshore.
7.89--7.90  [Reserved]
7.91  Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation 
          Area.
7.92  Bighorn Canyon National Recreation Area.
7.93  Guadalupe Mountains National Park.
7.94--7.95  [Reserved]
7.96  National Capital Region.
7.97  Golden Gate National Recreation Area.
7.100  Appalachian National Scenic Trail.

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also issued 
under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

                          Alphabetical Listing
------------------------------------------------------------------------
                             Name                                Section
------------------------------------------------------------------------
Acadia National Park, Maine...................................      7.56
Amistad Recreation Area, Tex..................................      7.79
Apostle Islands National Lakeshore, Wis.......................      7.82
Appalachian National Scenic Trail.............................     7.100
Arkansas Post National Memorial, Ark..........................      7.72
Assateague Island National Seashore, Md.-Va...................      7.65
Badlands National Park, SD....................................      7.23
Big Bend National Park, Tex...................................      7.41
Big Cypress National Preserve, Fla............................      7.86
Big Thicket National Preserve, Tex............................      7.85
Bighorn Canyon National Recreation Area, Mont.-Wyo............      7.92

[[Page 51]]

 
Black Canyon of the Gunnison National Monument, Colo..........      7.53
Blue Ridge Parkway, Va.-N.C...................................      7.34
Buck Island Reef National Monument, Virgin Islands............      7.73
Buffalo National River, Ark...................................      7.35
Canyon de Chelly National Monument, Ariz......................      7.19
Cape Cod National Seashore, Mass..............................      7.67
Cape Hatteras National Seashore, N.C..........................      7.58
Carlsbad Caverns National Park, N. Mex........................      7.47
Cedar Breaks National Monument, Utah..........................      7.52
Channel Islands National Park, Calif..........................      7.84
Chickasaw Recreation Area, Okla...............................      7.50
Colonial National Historical Park, Va.........................       7.1
Coulee Dam Recreation Area, Wash..............................      7.55
Crater Lake National Park, Oreg...............................       7.2
Curecanti Recreation Area, Colo...............................      7.51
Cuyahoga Valley National Recreation Area, Ohio................      7.17
Death Valley National Monument, Calif.........................      7.26
Delaware Water Gap National Recreation Area, N.J.-Pa..........      7.71
Devil's Tower National Monument, Wyo..........................      7.30
Dinosaur National Monument, Utah-Colo.........................      7.63
Everglades National Park, Fla.................................      7.45
Fire Island National Seashore, N.Y............................      7.20
Fort Caroline National Memorial, Fla..........................      7.61
Fort Jefferson National Monument, Fla.........................      7.27
Gateway National Recreation Area, N.Y.-N.J....................      7.29
Glacier National Park, Mont...................................       7.3
Glen Canyon National Recreation Area, Utah-Ariz...............      7.70
Golden Gate National Recreation Area, Calif...................      7.97
Grand Canyon National Park, Ariz..............................       7.4
Grand Portage National Monument, Minn.........................      7.59
Grand Teton National Park, Wyo................................      7.22
Great Smoky Mountains National Park, N.C.-Tenn................      7.14
Guadalupe Mountains National Park, Tex........................      7.93
Gulf Islands National Seashore, Fla.-Miss.....................      7.12
Harpers Ferry National Historical Park, Md.-W.V...............      7.78
Hawaii Volcanoes National Park, Hawaii........................      7.25
Herbert Hoover National Historic Site, Iowa...................      7.60
Hopewell Village National Historic Site, Pa...................      7.40
Hot Springs National Park, Ark................................      7.18
Indiana Dunes National Lakeshore, Ind.........................      7.88
Isle Royale National Park, Mich...............................      7.38
Jean Lafitte National Historical Park, La.....................      7.37
Kaloko-Honokohau National Historical Park, Hawaii.............      7.87
Lake Chelan National Recreation Area, Wash....................      7.62
Lake Mead National Recreation Area, Ariz.-Nev.................      7.48
Lake Meredith Recreation Area, Tex............................      7.57
Mammoth Cave National Park, Ky................................      7.36
Mesa Verde National Park, Colo................................      7.39
Mount Rainier National Park, Wash.............................       7.5
Mount Rushmore National Memorial, S. Dak......................      7.77
Muir Woods National Monument, Calif...........................       7.6
Natchez Trace Parkway, Miss.-Tenn.-Ala........................      7.43
National Capital Region, D.C. area............................      7.96
North Cascades National Park, Wash............................      7.66
Olympic National Park, Wash...................................      7.28
Ozark National Scenic Riverways, Mo...........................      7.83
Padre Island National Seashore, Tex...........................      7.75
Perry's Victory and International Peace Memorial, Ohio........      7.31
Petersburg National Battlefield, VA...........................      7.64
Pipestone National Monument, Minn.............................      7.42
Pictured Rocks National Lakeshore, Mich.......................      7.32
Point Reyes National Seashore, Calif..........................      7.81
Rockefeller, Jr., John D., Memorial Parkway, Wyo..............      7.21
Rocky Mountain National Park, Colo............................       7.7
Ross Lake National Recreation Area, Wash......................      7.69
Russell Cave National Monument, Ala...........................      7.68
Sequoia-Kings Canyon National Parks, Calif....................       7.8
Shenandoah National Park, Va..................................      7.15
Sleeping Bear Dunes National Lakeshore, Mich..................      7.80
St. Croix National Scenic Rivers, Wis.........................       7.9
Theodore Roosevelt National Park, N. Dak......................      7.54
Upper Delaware Scenic and Recreational River, Pa.-N.Y.........      7.24
Virgin Islands National Park, Virgin Islands..................      7.74
Voyageurs National Park, Minn.................................      7.33
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National               7.91
 Recreation Area, Calif.......................................
Wright Brothers National Memorial, N.C........................      7.76
Yellowstone National Park, Wyo.-Mont.-Idaho...................      7.13
Yosemite National Park, Calif.................................      7.16
Zion National Park, Utah......................................      7.10
------------------------------------------------------------------------


[32 FR 6932, May 5, 1967; 32 FR 7333, May 17, 1967, as amended at 32 FR 
21037, Dec. 30 1967]

    Editorial Note: The Alphabetical Listing is updated annually by the 
Office of the Federal Register.



Sec. 7.1  Colonial National Historical Park.

    (a) Boating. Except in emergencies, no privately owned vessel shall 
be launched from land within Colonial National Historical Park and no 
privately owned vessel shall be beached or landed on land within said 
Park.
    (b) Commercial passenger--carrying motor vehicles. Permits shall be 
required for the operation of commercial passenger-carrying vehicles, 
including taxi-cabs, carrying passengers for hire on any portion of the 
Colonial Parkway. The fees for such permits shall be as follows:
    (1) Annual permit for the calendar year: $3.50 for each passenger-
carrying seat in the vehicle to be operated.
    (2) Quarterly permit for a period beginning January 1, April 1, July 
1, or October 1: $1 for each passenger-carrying seat in the vehicle to 
be operated.
    (3) Permit good for one day, 5-passenger vehicle: $1.
    (4) Permit good for one day, more than 5-passenger vehicle: $3.

[32 FR 16213, Nov. 28, 1967, as amended at 48 FR 30293, June 30, 1983]



Sec. 7.2  Crater Lake National Park.

    (a) Fishing. Fishing in Crater Lake and park streams is permitted 
from May 20 through October 31.
    (b) Boating. No private vessel or motor may be used on the waters of 
the park.

[[Page 52]]

    (c) Snowmobiles. Snowmobile use is permitted in Crater Lake National 
Park on the North Entrance Road from its intersection with the Rim Drive 
to the park boundary, and on intermittent routes detouring from the 
North Entrance Road as designated by the Superintendent and marked with 
snow poles and signs. Except for such designated detours marked with 
snow poles and signs, only that portion of the North Entrance Road 
intended for wheeled vehicle use may be used by snowmobiles. Such 
roadway is available for snowmobile use only when the designated roadway 
is closed to all wheeled vehicles used by the public.

[34 FR 9751, June 24, 1969, as amended at 41 FR 33263, Aug. 9, 1976]



Sec. 7.3  Glacier National Park.

    (a) Fishing. (1) Fishing regulations, based on management objectives 
described in the park's Resource Management Plan, are established 
annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with the criteria and procedures of 
Secs. 1.5 and 1.7 of this chapter, or any activity pertaining to 
fishing, including but not limited to, species of fish that may be 
taken, seasons and hours during which fishing may take place, methods of 
taking, size, location, and possession limits.
    (3) Fishing in violation of a condition or restriction established 
by the Superintendent is prohibited.
    (b) Eating, drinking, and lodging establishments. (1) No eating, 
drinking, or lodging establishment offering food, drink, or lodging for 
sale may be operated on any privately owned lands within Glacier 
National Park unless a permit for the operation thereof has first been 
obtained from the Superintendent.
    (2) The Superintendent will issue a permit only after an inspection 
of the premises and a determination that the premises comply with the 
substantive requirements of State and county health and sanitary laws 
and ordinances and rules and regulations promulgated pursuant thereto 
which would apply to the premises if the privately owned lands were not 
subject to the jurisdiction of the United States.
    (3) No fee will be charged for the issuance of such a permit.
    (4) The Superintendent or his duly authorized representative shall 
have the right of inspection at all reasonable times for the purpose of 
ascertaining that the premises are being maintained and operated in 
compliance with State and county health laws and ordinances and rules 
and regulations promulgated pursuant thereto.
    (5) Failure of the permittee to comply with all State and county 
substantive laws and ordinances, and rules and regulations promulgated 
pursuant thereto applicable to the establishment for which a permit is 
issued, or failure to comply with any Federal law or any regulation 
promulgated by the Secretary of the Interior for governing the park, or 
with the conditions imposed by the permit, will be grounds for 
revocation of the permit.
    (6) The applicant or permittee may appeal to the Regional Director, 
National Park Service, from any final action of the Superintendent, 
refusing, conditioning, or revoking a permit. Such an appeal, in 
writing, shall be filed within 30 days after receipt of notice by the 
applicant or permittee of the action appealed from. Any final decision 
of the Regional Director may be appealed to the Director, National Park 
Service, within 30 days after receipt of notice by the applicant or 
permittee of the Regional Director's decision. During the period in 
which an appeal is being considered by the Regional Director or the 
Director, the establishment for which a permit has been denied or 
revoked shall not be operated.
    (7) The revocable permit for eating, drinking, and lodging 
establishments issued by the Superintendent shall contain general 
regulatory provisions as hereinafter set forth, and will include such 
reasonable special conditions relating to the health and safety of 
visitors both to the park and to the establishments as the 
Superintendent may deem necessary to cover existing local circumstances, 
and shall be in a form substantially as follows:

[[Page 53]]

                            (Front of Permit)

                     U.S. Department of the Interior

                          national park service

    Revocable Permit for Operation of Eating or Drinking and Lodging 
                             Establishments

    Permission is hereby granted ------------, who resides at ----------
--, to operate during the period of ------------, 19--, to ------------
--------------, 19--, inclusive a -------------------------- (specify 
type of establishment) within Glacier National Park on lands privately 
owned or controlled by him (her) over which the United States exercises 
exclusive jurisdiction. This permit is subject to the general provisions 
and any special conditions stated on the reverse hereof.
    Issued at Glacier National Park, Mont., this ------ day of --------
----, 19--.

                                                        Superintendent  

    I, ------------------------, the permittee named herein, accept this 
permit subject to the terms, convenants, obligations, and reservations 
expressed or implied.

Copartnership--permittees sign as ``Members of firm''.

Corporation--the officer authorized to execute contracts, etc., should 
sign, with title, the sufficiency of such signature being attested by 
the Secretary, with corporate seal in lieu of witness.

                                                           Permittee    

    Witness:

                                                                    Name

                                                                 Address

                                                                    Name

                                                                 Address

                           (Reverse of Permit)

              General Regulatory Provisions of This Permit

    1. Permittee shall exercise this privilege subject to the 
supervision of the Superintendent of the Park and shall comply with the 
regulations of the Secretary of the Interior governing the Park.
    2. Any building or structure used for the purpose of conducting the 
business herein permitted shall be kept in a safe, and sightly 
condition.
    3. The permittee shall dispose of all refuse from the business 
herein permitted as required by the Superintendent.
    4. Permittee, his agents, and employees shall be responsible for the 
preservation of good order within the vicinity of the business 
operations herein permitted.
    5. Failure of the permittee to comply with all State and county 
substantive laws and ordinances and rules and regulations promulgated 
pursuant thereto applicable to eating, drinking, and lodging 
establishments or to comply with any law or any regulation of the 
Secretary of the Interior governing the Park or with the conditions 
imposed by this permit, will be grounds for revocation of this permit.
    6. This permit may not be transferred or assigned without the 
consent, in writing of the Superintendent.
    7. Neither Members of, nor Delegates to Congress, or Resident 
Commissioners, officers, agents, or employees of the Department of the 
Interior, shall be admitted to any share or part of this permit or 
derive, directly or indirectly, any pecuniary benefit arising therefrom.
    8. Standard Equal Employment Provision to be set out in full as 
provided for by Executive Orders 10925 and 11114.
    9. The following special provisions are made a part of this permit: 
------------------
    (c) Water supply and sewage disposal systems. The provisions of this 
paragraph apply to the privately owned lands within Glacier National 
Park. The provisions of this paragraph do not excuse compliance by 
eating, drinking, or lodging establishments with Sec. 5.10 of the 
chapter.
    (1) Facilities. (i) Subject to the provisions of paragraph (e)(3) of 
this section, no person shall occupy any building or structure intended 
for human habitation, or use, unless such building is served by water 
supply and sewage disposal systems that comply with the standards 
prescribed by State and county laws and regulations applicable in the 
county within whose exterior boundaries such building is located.
    (ii) No person shall construct, rebuild or alter any water supply or 
sewage disposal system without a written permit issued by the 
Superintendent. The Superintendent will issue such permit only after 
receipt of written notification from the appropriate Federal, State, or 
county officer that the plans for such system comply with State or 
county standards. There shall be no charge for such permits. Any person 
aggrieved by an action of the Superintendent with respect to any such 
permit or permit application may appeal in writing to the Director, 
National

[[Page 54]]

Park Service, Department of the Interior, Washington, DC 20240.
    (2) Inspections. (i) The appropriate State or county health officer, 
the Superintendent, or their authorized representatives or an officer of 
the U.S. Public Health Service, may inspect any water supply or sewage 
disposal system, from time to time, in order to determine whether such 
system complies with the State and county standards: Provided, however, 
That inspection shall be made only upon consent of the occupant of the 
premises or pursuant to a warrant.
    (ii) Any water supply or sewage disposal system may be inspected 
without the consent of the occupant of the premises or a warrant if 
there is probable cause to believe that such system presents an 
immediate and severe danger to the public health.
    (3) Defective systems. (i) If upon inspection, any water supply 
system or sewage disposal system is found by the inspecting officer not 
to be in conformance with applicable State and county standards, the 
Superintendent will send to the ostensible owner and/or the occupant of 
such property, by certified mail, a written notice specifying what steps 
must be taken to achieve compliance. If after one year has elapsed from 
the mailing of such written notice the deficiency has not been 
corrected, such deficiency shall constitute a violation of this 
regulation and shall be the basis for court action for the vacation of 
the premises.
    (ii) If upon inspection, any water supply or sewage disposal system 
is found by the inspecting officer not to be in conformance with 
established State and county standards and it is found further that 
there is immediate and severe danger to the public health or the health 
of the occupants, the Superintendent shall post appropriate notices at 
conspicuous places on such premises, and thereafter, no person shall 
occupy the premises on which the system is located until the 
Superintendent is satisfied that remedial measures have been taken that 
will assure compliance of the system with established State and county 
standards.
    (d) Motorboats. (1) Motorboats and motor vessels are limited to ten 
(10) horsepower or less on Bowman and Two Medicine Lakes. This 
restriction does not apply to sightseeing vessels operated by an 
authorized concessioner on Two Medicine Lake.
    (2) All motorboats and motor vessels except the authorized, 
concessioner-operated, sightseeing vessels are prohibited on 
Swiftcurrent Lake.
    (3) The operation of all motorboats and motor vessels are prohibited 
on Kintla Lake.
    (e) Canadian dollars. To promote the purpose of the Act of May 2, 
1932 (47 Stat. 145; 16 U.S.C. 161a), Canadian dollars tendered by 
Canadian visitors entering the United States section of Glacier National 
Park will be accepted at the official rate of exchange in payment of the 
recreation fees prescribed for the park.
    (f) Commercial passenger-carrying motor vehicles. The prohibition 
against the commercial transportation of passengers by motor vehicles to 
Glacier National Park, contained in Sec. 5.4 of this chapter, shall be 
subject to the following exceptions:
    (1) Commercial transport of passengers by motor vehicles on those 
portions of the park roads from Sherburne entrance to the Many Glacier 
area; from Two Medicine entrance to Two Medicine Lake; from West Glacier 
entrance to the Camas Entrance; U.S. Highway 2 from Walton to Java; and 
the Going-to-the-Sun Road from West Glacier entrance to Lake McDonald 
Lodge and from St. Mary entrance to Rising Sun will be permitted.
    (2) Commercial passenger-carrying motor vehicles operated in the 
above areas, on a general, infrequent, and nonscheduled tour in which 
the visit to the park is incidental to such tour, and carrying only 
round-trip passengers traveling from the point of origin of the tour, 
will be accorded admission to the park. Such tours shall not provide, in 
effect, a regular and duplicating service conflicting with, or in 
competition with, the tours provided for the public pursuant to contract 
authorization from the Secretary as determined by the Superintendent.

[34 FR 5842, Mar. 28, 1969, as amended at 36 FR 9248, May 21, 1971; 37 
FR 7499, Apr. 15, 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, June 
30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR 35841, July 12, 1995; 60 FR 
55791, Nov. 3, 1995]

[[Page 55]]



Sec. 7.4  Grand Canyon National Park.

    (a) Commercial passenger-carrying motor vehicles. The prohibition 
against the commercial transportation of passengers by motor vehicles to 
Grand Canyon National Park contained in Sec. 5.4 of this chapter shall 
be subject to the following exception: Motor vehicles operated on a 
general, infrequent, and nonscheduled tour on which the visit to the 
park is an incident to such tour, carrying only round-trip passengers 
traveling from the point of origin of the tour, will be accorded 
admission to the park.
    (b) Colorado whitewater boat trips. The following regulations shall 
apply to all persons using the waters of, or Federally owned land 
administered by the National Park Service, along the Colorado River 
within Grand Canyon National Park, upstream from Diamond Creek at 
approximately river mile 226:
    (1) No person shall operate a vessel engaging in predominantly 
upstream travel or having a total horsepower in excess of 55.
    (2) U.S. Coast Guard approved life preservers must be worn by every 
person while on the river or while lining or portaging near rough water. 
One extra preserver must be carried for each ten (10) persons.
    (3) No person shall conduct, lead, or guide a river trip unless such 
person possesses a permit issued by the Superintendent, Grand Canyon 
National Park. The National Park Service reserves the right to limit the 
number of such permits issued, or the number of persons traveling on 
trips authorized by such permits when, in the opinion of the National 
Park Service, such limitations are necessary in the interest of public 
safety or protection of the ecological and environmental values of the 
area.
    (i) The Superintendent shall issue a permit upon a determination 
that the person leading, guiding, or conducting a river trip is 
experienced in running rivers in white water navigation of similar 
difficulty, and possesses appropriate equipment, which is identified in 
the terms and conditions of the permit.
    (ii) No person shall conduct, lead, guide, or outfit a commercial 
river trip without first securing the above permit and possessing an 
additional permit authorizing the conduct of a commercial or business 
activity in the park.
    (iii) An operation is commercial if any fee, charge or other 
compensation is collected for conducting, leading, guiding, or 
outfitting a river trip. A river trip is not commercial if there is a 
bona fide sharing of actual expenses.
    (4) All human waste will be taken out of the Canyon and deposited in 
established receptacles, or will be disposed of by such means as is 
determined by the Superintendent.
    (5) No person shall take a dog, cat, or other pet on a river trip.
    (6) The kindling of a fire is permitted only on beaches. The fire 
must be completely extinguished only with water before abandoning the 
area.
    (7) Picnicking is permitted on beach areas along the Colorado River.
    (8) Swimming and bathing are permitted except in locations 
immediately above rapids, eddies and riffles or near rough water.
    (9) Possession of a permit to conduct, guide, outfit, or lead a 
river trip also authorizes camping along the Colorado River by persons 
in the river trip party, except on lands within the Hualapai Indian 
Reservation which are administered by the Hualapai Tribal Council; 
Provided, however, That no person shall camp at Red Wall Cavern, Elves 
Chasm, the mouth of Havasu Creek, or along the Colorado River bank 
between the mouth of the Paria River and the Navajo Bridge.
    (10) All persons issued a river trip permit shall comply with all 
the terms and conditions of the permit.
    (c) Immobilized and legally inoperative vehicles. (1) An immobilized 
vehicle is a motor vehicle which is not capable of moving under its own 
power due to equipment malfunction or deficiency. This term shall also 
include trailers whose wheels have been removed or which, for other 
reasons, cannot be immediately towed from their location, excluding 
trailers being used as residences which are occupying sites designated 
for this purpose by the Superintendent. A legally inoperative vehicle is 
a motor vehicle capable of movement under its own power, but not 
licensed to legally operate on roads.
    (2) Leaving, storing, or placing upon federally owned lands within 
the park

[[Page 56]]

any immobilized or legally inoperative vehicle for a period exceeding 30 
days is prohibited, except under the terms of a permit issued by the 
Superintendent.
    (3) A revocable permit for an immobilized or legally inoperative 
vehicle may be issued without fee by the Superintendent for a specific 
period of time, upon a finding that the issuance of such a permit will 
not interfere with park management or impair park resources.
    (i) Any permit issued will be valid for the period stated on the 
permit, unless otherwise revoked or terminated by the Superintendent, 
and will state the name and address of the owner, the description of the 
vehicle, and the exact location where it may be left, stored or placed.
    (ii) The permittee will affix the permit securely and conspicuously 
to the vehicle.
    (iii) The permit shall be nontransferable.
    (iv) Any person issued a permit shall comply with all terms and 
conditions of the permit. Failure to do so will constitute cause for the 
Superintendent to terminate the permit at any time.
    (v) A permit may be revoked at any time for the convenience of the 
National Park Service or upon a finding that continued authorization 
under the permit would interfere with park management or impair park 
resources.
    (4) An immobilized or legally inoperative vehicle left in excess of 
30 days without a permit will be removed at the owner's expense.
    (5) An immobilized or legally inoperative vehicle constituting a 
safety hazard, causing an obstruction to roads or trails, or interfering 
with maintenance operations will be removed immediately at the owner's 
expense. Such interference or impairment may include, but shall not be 
limited to, the creation of a safety hazard, traffic congestion, visual 
pollution, or fuel and lubricant drip pollution.
    (6) The Superintendent shall have the right of inspection at all 
reasonable times to ensure compliance with the requirements of this 
paragraph.

[34 FR 14212, Sept. 10, 1969 as amended at 36 FR 23293, Dec. 8, 1971; 42 
FR 25857, May 20, 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, Apr. 2, 
1987]



Sec. 7.5  Mount Rainier National Park.

    (a) Fishing. (1) The following waters are closed to fishing:
    (i) Tipsoo Lake.
    (ii) Shadow Lake.
    (iii) Klickitat Creek above the White River Entrance water supply 
intake.
    (iv) Laughing Water Creek above the Ohanapecosh water supply intake.
    (v) Frozen Lake.
    (vi) Reflection Lakes.
    (vii) Ipsut Creek above the Ipsut Creek Campground water supply 
intake.
    (2) Except for artificial fly fishing, the Ohanapecosh River and its 
tributaries are closed to all fishing.
    (3) There shall be no minimum size limit on fish that may be 
possessed.
    (4) The daily catch and possession limit for fish taken from park 
waters shall be six pounds and one fish, not to exceed 12 fish.
    (b) Climbing and hiking. (1) Registration with the Superintendent is 
required prior to and upon return from any climbing or hiking on 
glaciers or above the normal high camps such as Camp Muir and Camp 
Schurman.
    (2) A person under 18 years of age must have permission of his 
parent or legal guardian before climbing above the normal high camps.
    (3) A party traveling above the high camps must consist of a minimum 
of two persons unless prior permission for a solo climb has been 
obtained from the Superintendent. The Superintendent will consider the 
following points when reviewing a request for a solo climb: The weather 
prediction for the estimated duration of the climb, and the likelihood 
of new snowfall, sleet, fog , or hail along the route, the feasibility 
of climbing the chosen route because of normal inherent hazards, current 
route conditions, adequacy of equipment and clothing, and qualifying 
experience necessary for the route contemplated.
    (c) Backcountry Camping--(1) Backcountry camping permits required. 
No person or group of persons traveling together may camp in the 
backcountry without a valid backcountry camping permit. Permits may be 
issued to each permittee or to the leader of the group for a group of 
persons. The permit

[[Page 57]]

must be attached to the pack or camping equipment of each permittee in a 
clearly visible location. No person may camp in any location other than 
that designated in the permit for a given date.
    (2) Group size limitations. Groups exceeding five persons must camp 
at a group site, but groups may not exceed twelve persons. The 
Superintendent may, however,
    (i) Waive group size limitations on routes in the climbing zone when 
he determines that it will not result in environmental degradation; and
    (ii) Establish special zones and group size limitations during the 
winter season to balance the impact of cross-country skiers, snowshoers, 
and snowmobilers on the resource.
    (d) Snowmobile use--(1) Designated routes. (i) That portion of the 
West Side Road south of Round Pass.
    (ii) The Mather Memorial Parkway (State Route 410) from its 
intersection with the White River Road north to the park boundary.
    (iii) The White River Road from its intersection with the Mather 
Memorial Parkway to the White River Campground.
    (iv) The Cougar Rock Campground road system.
    (v) The Stevens Canyon Road from Stevens Canyon Entrance to the 
Stevens Canyon Road tunnel at Box Canyon.

[34 FR 17520, Oct. 30, 1969, as amended at 40 FR 31938, July 30, 1975; 
41 FR 14863, Apr. 8, 1976; 41 FR 33264, Aug. 9, 1976; 42 FR 22557, May 
4, 1977; 48 FR 30293, June 30, 1983]



Sec. 7.6  Muir Woods National Monument.

    (a) Fires. Fires are prohibited within the monument.
    (b) [Reserved]
    (c) Fishing. Fishing is prohibited within the Monument.

[24 FR 11035, Dec. 30, 1959, as amended at 34 FR 5255, Mar. 14, 1969; 39 
FR 14338, Apr. 23, 1974]



Sec. 7.7  Rocky Mountain National Park.

    (a) Fishing. (1) Fishing restrictions, based on management 
objectives described in the park's Resources Management Plan, are 
established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with the criteria and procedures of 
Secs. 1.5 and 1.7 of this chapter, on any activity pertaining to 
fishing, including, but not limited to species of fish that may be 
taken, seasons and hours during which fishing may take place, methods of 
taking, size, creel, and possession limits.
    (3) Fishing in closed waters or violating a condition or restriction 
established by the Superintendent is prohibited.
    (b) Trucking Permits. (1) The Superintendent may issue a permit for 
trucking on a park road when the load carried originates and terminates 
within the counties of Larimer, Boulder, or Grand, Colorado.
    (2) The fee charged for such trucking over Trail Ridge Road is the 
same as the single visit entrance fee for a private passenger vehicle. A 
trucking permit is valid for one round trip, provided such trip is made 
in one day, otherwise the permit is valid for a one-way trip only.
    (3) The fees provided in this paragraph also apply to a special 
emergency trucking permit issued pursuant to Sec. 5.6(b) of this 
chapter.
    (c) Boats. (1) The operation of motorboats is prohibited on all 
waters of the park.
    (2) All vessels are prohibited on Bear Lake.
    (d) Dogs, cats, and other pets. In addition to the provisions of 
Sec. 2.15 of this chapter, dogs, cats, and other pets on leash, crated, 
or otherwise under physical restraint are permitted in the park only 
within 100 feet of the edge of established roads or parking areas, and 
are permitted within established campgrounds and picnic areas; dogs, 
cats, and other pets are prohibited in the backcountry and on 
established trails.
    (e) Snowmobiles. (1) Designated routes open to snowmobile use: The 
Summerland Park Snowmobile Trail, the Supply Creek Access Snowmobile 
Trail, the plowed portion of the Trail Ridge Road between the West Unit 
Visitor Center and the Timber Lake Trailhead, the unplowed portion and 
the Trail Ridge Road between the Timber Lake Trailhead and Milner Pass, 
and

[[Page 58]]

the Bowen Gulch Access Trail. These routes will be marked by signs, snow 
poles or other appropriate means.
    (2) Detailed descriptions of designated routes and appropriate maps 
are available at Park Headquarters, the West Unit Office and the Grand 
Lake Entrance Station.
    (3) The maximum speed limit is 35 m.p.h. unless changed by the 
posting of appropriate signs. On routes open to dual use of both motor 
vehicles and snowmobiles, the maximum snowmobile speed limit is 25 
m.p.h. All posted speed limits are subject to further limitation as 
required under Sec. 4.22 of this chapter. No person shall operate a 
snowmobile at a speed in excess of the maximum limits so posted.
    (4) On roads designated for snowmobile use, only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobiles. Such roadway is available for snowmobile use only when the 
designated road or parking area is closed to all other motor vehicle use 
by the public except on the dual use routes described in paragraph 
(f)(5).
    (5) Routes open to dual use of both motor vehicles and snowmobiles: 
that portion of the Supply Creek Access Snowmobile Trail which extends 
along the plowed Trail Ridge Road from the Grand Lake Lodge Road 
junction to the Sun Valley Road junction, then along the plowed Sun 
Valley Road to the park boundary where it intersects with a plowed Grand 
County road; that portion of the plowed Trail Ridge Road between the 
West Unit Visitor Center and the Timber Lake Trailhead. On such dual use 
routes, the operation of snowmobiles is permitted only along the far 
right portion of the plowed roadway and in single-file manner. Dual use 
routes will be marked with appropriate signs and snow poles. The maximum 
snowmobile speed limit on such dual use routes is 25 m.p.h.
    (6) The Superintendent shall determine the opening and closing dates 
for use of designated snowmobile routes each year, taking into 
consideration the location of wintering wildlife, road plowing schedules 
and other factors that may relate to public safety. The Superintendent 
shall notify the public of such dates through normal news media 
channels. Temporary closure of dual-use routes for public safety reasons 
will be initiated through the posting of appropriate signs and/or 
barriers when road plowing operations are taking place. Routes will be 
open to snowmobile travel when they are considered to be safe for travel 
but not necessarily free of safety hazards. Snowmobilers may travel 
these routes with the permission of the Superintendent, but at their own 
risk.

[40 FR 14912, Apr. 3, 1975, as amended at 41 FR 49629, Nov. 10, 1976; 43 
FR 14308, Apr. 5, 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, June 
18, 1984; 49 FR 25854, June 25, 1984; 52 FR 10685, Apr. 2, 1987; 52 FR 
23304, June 19, 1987; 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20, 
1989]



Sec. 7.8  Sequoia and Kings Canyon National Parks.

    (a) Dogs and cats. Dogs and cats are prohibited on any park land or 
trail except within one-fourth mile of developed areas which are 
accessible by a designated public automobile road.
    (b) Fishing. (1) Fishing restrictions, based on management 
objectives described in the parks' Resources Management Plan, are 
established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with the criteria and procedures of 
Secs. 1.5 and 1.7 of this chapter, on any activity pertaining to fishing 
including, but not limited to, species of fish that may be taken, 
seasons and hours during which fishing may take place, methods of 
taking, size, location and elevation, and possession limits.
    (3) Soda Springs Creek drainage is closed to fishing.
    (4) Fishing in closed waters or in violation of a condition or 
restriction established by the Superintendent is prohibited.
    (c) Privately owned lands--(1) Water supply, sewage or disposal 
systems, and building construction or alterations. The provisions of 
this paragraph apply to the privately owned lands within Sequoia and 
Kings Canyon National Parks.

[[Page 59]]

    (i) Facilities. (a) Subject to the provisions of paragraph 
(c)(1)(iii) of this section, no person shall occupy any building or 
structure, intended for human habitation or use, unless such building 
complies with standards, prescribed by State and county laws and 
regulations applicable in the county within whose exterior boundaries 
such building is located, as to construction, water supply and sewage 
disposal systems.
    (b) No person shall construct, rebuild, or alter any building, water 
supply or sewage disposal system without the permission of the 
Superintendent. The Superintendent will give such permission only after 
receipt of written notification from the appropriate Federal, State, or 
county officer that the plans for such building or system comply with 
State or county standards. Any person aggrieved by an action of the 
Superintendent with respect to any such permit or permit application may 
appeal in writing to the Director, National Park Service, U.S. 
Department of the Interior, Washington, D.C. 20240.
    (ii) Inspections. (a) The appropriate State or county officer, the 
Superintendent, or their authorized representatives or an officer of the 
U.S. Public Health Service, may inspect any building, water supply, or 
sewage disposal system, from time to time, in order to determine whether 
the building, water supply, or sewage disposal system comply with the 
State and county standards: Provided, however, That inspection shall be 
made only upon consent of the occupant of the premises or pursuant to a 
warrant.
    (b) Any building, water supply, or sewage disposal system may be 
inspected without the consent of the occupant of the premises or a 
warrant if there is probable cause to believe that such system presents 
an immediate and severe danger to the public health and safety.
    (iii) Defective systems. (a) If upon inspection, any building, water 
supply or sewage disposal system is found by the inspecting officer not 
to be in conformance with applicable State and county standards, the 
Superintendent will send to the ostensible owner and/or the occupant of 
such property, by certified mail, a written notice specifying what steps 
must be taken to achieve compliance. If after 1 year has elapsed from 
the mailing of such notice the deficiency has not been corrected, such 
deficiency shall constitute a violation of this regulation and shall be 
the basis for court action for the vacation of the premises.
    (b) If upon inspection, any building, water supply or sewage 
disposal system is found by the inspecting officer not to be in 
conformance with established State and county standards and it is found 
further that there is immediate and severe danger to the public health 
and safety or the health and safety of the occupants or users, the 
Superintendent shall post appropriate notices at conspicuous places on 
such premises, and thereafter, no person shall occupy or use the 
premises on which the deficiency or hazard is located until the 
Superintendent is satisfied that remedial measures have been taken that 
will assure compliance with established State and county standards.
    (d) Stock Driveways. (1) The present county road extending from the 
west boundary of Kings Canyon National Park near Redwood Gap to Quail 
Flat junction of the General's Highway and the old road beyond is 
designated for the movement of stock and vehicular traffic, without 
charge, to and from national forest lands on either side of the General 
Grant Grove section of the park. Stock must be prevented from straying 
from the right of way.
    (e) Snowmobiles. (1) The use of snowmobiles is allowed on the 
unplowed roads of Wilsonia, the Wilsonia parking lot, and the Mineral 
King road.
    (2) Snowmobile use will be limited to providing access to private 
property within the exterior boundaries of the park area, pursuant to 
the terms and conditions of a permit issued only to owners of such 
private property.

[34 FR 9387, June 14, 1969, as amended at 49 FR 18450, Apr. 30, 1984; 56 
FR 41943, Aug. 26, 1991]



Sec. 7.9  St. Croix National Scenic Rivers.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow or thickness of ice, and depending on local weather 
conditions, the superintendent may allow the use of snowmobiles on the 
frozen surface of

[[Page 60]]

the Saint Croix River on those sections normally used by motor boats 
during other seasons, between the Boomsite and Highway 243 near Osceola, 
Wisconsin, and Saint Croix Falls to Riverside, Wisconsin, and in those 
areas where county or other established snowmobile trails need to cross 
the riverway or riverway lands to connect with other established 
snowmobile trails.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (c) Vessels. (1) Entering by vessel, launching a vessel, operating a 
vessel, or knowingly allowing another person to enter, launch or operate 
a vessel, or attempting to do any of these activities in park area 
waters when that vessel or the trailer or the carrier of that vessel has 
been in water infested or contaminated with aquatic nuisance species, 
except as provided in paragraph (c)(2) of this section is prohibited.
    (2) Vessels, trailers or other carriers of vessels wishing to enter 
park area waters from aquatic nuisance species contaminated or infested 
waters may enter after being inspected and cleaned using the technique 
or process appropriate to the nuisance species.
    (d) Placing or dumping, or attempting to place or dump, bait 
containers, live wells, or other water-holding devises that are or were 
filled with waters holding or contaminated by aquatic nuisance species 
is prohibited.
    (e) Using a wet suit or associated water use and diving equipment 
previously used in waters infested with aquatic nuisance species prior 
to being inspected and cleaned using a process appropriate to the 
nuisance species is prohibited.
    (f) For the purpose of this section:
    (1) The term aquatic nuisance species means the zebra mussel, purple 
loosestrife and Eurasian watermilfoil;
    (2) The term vessel means every type or description of craft on the 
water used or capable of being used as a means of transportation, 
including seaplanes, when on the water, and buoyant devises permitting 
or capable of free flotation.

[47 FR 55918, Dec. 14, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 
51 FR 8493, Mar. 12, 1986; 62 FR 33751, June 23, 1997]



Sec. 7.10  Zion National Park.

    (a) Vehicle convoy requirements. (1) An operator of a vehicle that 
exceeds load or size limitations established by the superintendent for 
the use of park roads may not operate such vehicle on a park road 
without a convoy service provided at the direction of the 
superintendent.
    (2) A single trip convoy fee of $15 is charged by the superintendent 
for each vehicle or combination of vehicles convoyed over a park road. 
Payment of a convoy fee by an operator of a vehicle owned by the 
Federal, State or county government and used on official business is not 
required. Failure to pay a required convoy fee is prohibited.
    (b) Snowmobiles. After consideration of snow and weather conditions, 
the superintendent may permit the use of snowmobiles on designated 
routes within the park. Snowmobile use is restricted to the established 
roadway. All off-road use is prohibited. The designated routes are 
defined as follows:
    (1) All of the paved portion of the Kolob Terrace Road from the park 
boundary in the west one-half of Sec. 33, T. 40 S., R. 11 W., Salt Lake 
Base and Meridian, north to where this road leaves the park in the 
northwest corner of Sec. 16, T. 40 S., R. 11 W., SLBM. This paved 
portion of the Kolob Terrace Road is approximately three and one-half 
miles in length.
    (2) All of the unplowed, paved portions of the Kolob Terrace Road 
from the park boundary, north of Spendlove Knoll, in Sec. 5, T. 40 S., 
R. 11 W., SLBM, north to where this road leaves the park in the 
southwest corner of Sec. 23, T. 39 S., R. 11 W., SLBM, a distance of 
approximately five miles.
    (3) The unplowed, graded dirt road from the park boundary in the 
southeast corner of Sec. 13, T. 39 S., R. 11 W., SLBM, south to Lava 
Point Fire Lookout in the northwest quarter of Sec. 31, T. 39 S., R. 10 
W., SLBM, a distance of approximately one mile.

[[Page 61]]

    (4) The unplowed, graded dirt road from the Lava Point Ranger 
Station, southeast to the West Rim Trailhead and then to a point where 
this road divides and leaves the park, in the southeast corner of Sec. 
30, and the northeast corner of Sec. 31, T. 39 S., R. 10 W., SLBM, a 
distance of approximately two miles.
    (5) The unplowed, graded dirt road from the Lava Point Ranger 
Station, north to the park boundary where this road leaves the park, all 
in the southeast corner of Sec. 13, T. 39 S., R. 11 W., SLBM, a distance 
of approximately one-fourth mile.

[49 FR 34482, Aug. 31, 1984 as amended at 51 FR 4736, Feb. 7, 1986]



Sec. 7.11  [Reserved]



Sec. 7.12  Gulf Islands National Seashore.

    (a) Operation of seaplanes and amphibious aircraft. (1) Aircraft may 
be operated on the waters within the boundaries of the Seashore 
surrounding Ship, Horn and Petit Bois Islands, but approaches, landings 
and take-offs shall not be made within 500 feet of beaches.
    (2) Aircraft may be moored to island beaches, but beaches may not be 
used as runways or taxi strips.
    (3) Aircraft operating in the vicinity of any developed facilities, 
boat docks, floats, piers, ramps or bathing beaches will remain 500 feet 
from such facilities and must be operated with due care and regard for 
persons and property and in accordance with any posted signs or uniform 
waterway markers.
    (4) Aircraft are prohibited from landing on or taking off from any 
land surfaces; any estuary, lagoon, pond or tidal flat; or any waters 
temporarily covering a beach; except when such operations may be 
authorized by prior permission of the Superintendent. Permission shall 
be based on needs for emergency service, resource protection, or 
resource management.
    (b) Off-road operation of motor vehicles--(1) Route designations. 
(i) The operation of motor vehicles, other than on established roads and 
parking areas, is limited to oversand routes designated by the 
Superintendent in accordance with Sec. 4.10(b) of this chapter. 
Operation of vehicles on these routes will be subject to all provisions 
of parts 2 and 4 of this chapter, as well as the specific provisions of 
this paragraph (b).
    (ii) Oversand routes may be designated by the Superintendent in the 
following locations:
    (A) In the eastern portion of Perdido Key, from the easternmost 
extension of the paved road to the east end of the island, excluding the 
Perdido Key Historic District near the former site of Fort McRee.
    (B) In the westernmost portion of Santa Rosa Island, from the 
vicinity of Fort Pickens to the west end of the island.
    (iii) Oversand routes designated by the Superintendent will be shown 
on maps available at park headquarters and other park offices. Signs at 
the entrance to each route will designate the route as open to motor 
vehicles.
    Routes will be marked as follows:
    (A) On beach routes, travel is permitted only between the water's 
edge and a line of markers on the landward side of the beach.
    (B) On inland routes, travel is permitted only in the lane 
designated by pairs of markers showing the sides of the route.
    (2) Permits. (i) The Superintendent is authorized to establish a 
system of special recreation permits for oversand vehicles and to 
establish special recreation permit fees for these permits, consistent 
with the conditions and criteria of 36 CFR part 71.
    (ii) No motor vehicle shall be operated on a designated oversand 
route without a valid permit issued by the Superintendent.
    (iii) Permits are not transferable to another motor vehicle or to 
another driver. The driver listed on the permit must be present in the 
vehicle at any time it is being operated on an oversand route. Permits 
are to be displayed as directed at the time of issuance.
    (iv) No permit shall be valid for more than one year. Permits may be 
issued for lesser periods, as appropriate for the time of year at which 
a permit is issued or the length of time for which use is requested.
    (v) For a permit to be issued, a motor vehicle must:

[[Page 62]]

    (A) Be capable of four-wheel drive operation.
    (B) Meet the requirements of Sec. 4.10(c)(3) of this chapter and 
conform to all applicable State laws regarding licensing, registration, 
inspection, insurance, and required equipment.
    (C) Contain the following equipment to be carried at all times when 
the vehicle is being operated on an oversand route: shovel; tow rope, 
cable or chain; jack; and board or similar support for the jack.
    (vi) No permit will be issued for a two-wheel drive motor vehicle, a 
motorcycle, an all-terrain vehicle, or any vehicle not meeting State 
requirements for on-road use.
    (vii) In addition to any penalty required by Sec. 1.3 of this 
chapter for a violation of regulations governing the use of motor 
vehicles on oversand routes, the Superintendent may revoke the permit of 
the person committing the violation or in whose vehicle the violation 
was committed. No person whose permit has been so revoked shall be 
issued a permit for a period of one year following revocation.
    (3) Operation of vehicles. (i) No motor vehicle shall be operated in 
any location off a designated oversand route or on any portion of a 
route designated as closed by the posting of appropriate signs.
    (ii) No motor vehicle shall be operated on an oversand route in 
excess of the following speeds:
    (A) 15 miles per hour while within 100 feet of any person not in a 
motor vehicle.
    (B) 25 miles per hour at all other times.
    (iii) When two motor vehicles meet on an oversand route, both 
drivers shall reduce speed and the driver who is traveling south or west 
shall yield the right of way, if the route is too narrow for both 
vehicles.
    (iv) The towing of trailers on oversand routes is prohibited.
    (4) Information collection. The information collection requirements 
contained in Sec. 7.12(b)(2) have been approved by the Office Management 
and Budget under 44 U.S.C. 3507 and assigned clearance number 1024-0017. 
The information is being collected to solicit information necessary for 
the Superintendent to issue ORV permits. This information will be used 
to grant administrative benefits. The obligation to respond is required 
to obtain a benefit.

[41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981; 
52 FR 10686, Apr. 2, 1987]



Sec. 7.13  Yellowstone National Park.

    (a) Commercial Vehicles. (1) Notwithstanding the prohibition of 
commercial vehicles set forth in Sec. 5.6 of this chapter, commercial 
vehicles are allowed to operate on U.S. Highway 191 in accordance with 
the provisions of this section.
    (2) The transporting on U.S. Highway 191 of any substance or 
combination of substances, including any hazardous substance, hazardous 
material, or hazardous waste as defined in 49 CFR 171.8 that requires 
placarding of the transport vehicle in accordance with 49 CFR 177.823 or 
any marine pollutant that requires marking as defined in 49 CFR Subtitle 
B, is prohibited; provided, however, that the superintendent may issue 
permits and establish terms and conditions for the transportation of 
hazardous materials on U.S. Highway 191 in emergencies or when such 
transportation is necessary for access to lands within or adjacent to 
the park area.
    (3) The operator of a motor vehicle transporting any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant in 
accordance with a permit issued under this section is not relieved in 
any manner from complying with all applicable regulations in 49 CFR 
Subtitle B, or with any other State or federal laws and regulations 
applicable to the transportation of any hazardous substance, hazardous 
material, hazardous waste, or marine pollutant.
    (4) The superintendent may require a permit and establish terms and 
conditions for the operation of a commercial vehicle on any park road in 
accordance with Sec. 1.6 of this chapter. The superintendent may charge 
a fee for permits in accordance with a fee schedule established 
annually.
    (5) Operating without, or violating a term or condition of, a permit 
issued in accordance with this section is prohibited. In addition, 
violating a term or

[[Page 63]]

condition of a permit may result in the suspension or revocation of the 
permit.
    (b) Employee motor vehicle permits:
    (1) A motor vehicle owned and/or operated by an employee of the U.S. 
Government, park concessioners and contractors, whether employed in a 
permanent or temporary capacity, shall be registered with the 
Superintendent and a permit authorizing the use of said vehicle in the 
park is required. This requirement also applies to members of an 
employee's family living in the park who own or operate a motor vehicle 
within the park. Such permit, issued free of charge, may be secured only 
when the vehicle operator can produce a valid certificate of 
registration, and has in his possession a valid operator's license. No 
motor vehicle may be operated on park roads unless properly registered.
    (2) The permit is valid only for the calendar year of issue. 
Registry must be completed and permits secured by April 15 of each year 
or within one week after bringing a motor vehicle into the park, 
whichever date is later. The permit shall be affixed to the vehicle as 
designated by the Superintendent.
    (c) [Reserved]
    (d) Vessels--(1) Permit. (i) A general permit, issued by the 
Superintendent, is required for all vessels operated upon the waters of 
the park open to boating. In certain areas a special permit is required 
as specified hereinbelow. These permits must be carried within the 
vessel at all times when any person is aboard, and shall be exhibited 
upon request to any person authorized to enforce the regulations in this 
chapter.
    (ii) A special permit shall be issued by the Superintendent to any 
holder of a general permit who expresses the intention to travel into 
either the South Arm or the Southeast Arm ``Five Mile Per Hour Zones'' 
of Yellowstone Lake, as defined in paragraphs (d)(6) (ii) and (iii) of 
this section, upon the completion and filing of a form statement in 
accordance with the provisions of paragraph (d)(10) of this section.
    (iii) Neither a general nor special permit shall be issued until the 
permittee has signed a statement certifying that he is familiar with the 
speed and all other limitations and requirements in these regulations. 
The applicant for a special permit shall also agree in writing to 
provide, in accordance with paragraph (d)(10) of this section, 
information concerning the actual travel within the ``Five Mile Per Hour 
Zones.''
    (2) Removal of vessels. All privately owned vessels, boat trailers, 
waterborne craft of any kind, buoys, mooring floats, and anchorage 
equipment will not be permitted in the park prior to May 1 and must be 
removed by November 1.
    (3) Restricted landing areas. (i) Prior to July 1 of each year, the 
landing of any vessel on the shore of Yellowstone Lake between Trail 
Creek and Beaverdam Creek is prohibited, except upon written permission 
of the Superintendent.
    (ii) The landing or beaching of any vessel on the shores of 
Yellowstone Lake (a) within the confines of Bridge Bay Marina and Lagoon 
and the connecting channel with Yellowstone Lake; and (b) within the 
confines of Grant Village Marina and Lagoon and the connecting channel 
with Yellowstone Lake is prohibited except at the piers or docks 
provided for the purpose.
    (4) Closed waters. (i) Vessels are prohibited on Sylvan Lake, 
Eleanor Lake, Twin Lakes, and Beach Springs Lagoon.
    (ii) Vessels are prohibited on park rivers and streams (as 
differentiated from lakes and lagoons), except on the channel between 
Lewis Lake and Shoshone Lake, which is open only to handpropelled 
vessels.
    (5) Lewis Lake motorboat waters. Motorboats are permitted on Lewis 
Lake.
    (6) Yellowstone Lake motorboat waters. Motorboats are permitted on 
Yellowstone Lake except in Flat Mountain Arm as described in paragraph 
(d)(6)(i) of this section and as restricted within the South Arm and the 
Southeast Arm where operation is confined to areas known as ``Five Mile 
Per Hour Zones'' which waters are between the lines as described in 
paragraphs (d)(6) (ii) and (iii) of this section in the South Arm and 
Southeast Arm, but which specifically exclude the southernmost 2 miles 
of both Arms which are open only to hand-propelled vessels.

[[Page 64]]

    (i) The following portion of Flat Mountain Arm of Yellowstone Lake 
is restricted to hand-propelled vessels: West of a line beginning at a 
point marked by a monument located on the south shore of the Flat 
Mountain Arm and approximately 10,200 feet easterly from the southwest 
tip of the said arm, said point being approximately 44 deg.22'13.2" N. 
latitude and 110 deg.25'07.2" W. longitude, then running approximately 
2,800 feet due north to a point marked by a monument located on the 
north shore of the Flat Mountain Arm, said point being approximately 
44 deg.22'40" N. latitude and 110 deg.25'07.2" W. longitude.
    (ii) In the South Arm that portion between a line from Plover Point 
running generally east to a point marked by a monument on the northwest 
tip of the peninsula common to the South and Southeast Arms; and a line 
from a monument located on the west shore of the South Arm approximately 
2 miles north of the cairn which marks the extreme southern extremity of 
Yellowstone Lake in accordance with the Act of Congress establishing 
Yellowstone National Park; said point being approximately in latitude 
44 deg.18'22.8" N., at longitude 110 deg.20'04.8" W., Greenwich 
Meridian, running due east to a point on the east shore of the South Arm 
marked by a monument. Operation of motorboats south of the latter line 
is prohibited.
    (iii) In the Southeast Arm that portion between a line from a 
monument on the northwest tip of the peninsula common to the South and 
Southeast Arms which runs generally east to a monument at the mouth of 
Columbine Creek; and a line from a cairn which marks the extreme eastern 
extremity of Yellowstone Lake, in accordance with the Act of Congress 
establishing Yellowstone National Park; said point being approximately 
in latitude 44 deg.19'42.0" N., at longitude 110 deg.12'06.0" W., 
Greenwich Meridian, running westerly to a point on the west shore of the 
Southeast Arm, marked by a monument; said point being approximately in 
latitude 44 deg.20'03.6" N., at longitude 110 deg.16'19.2" W., Greenwich 
Meridian. Operation of motorboats south of the latter line is 
prohibited.
    (7) Motorboats are prohibited on park waters except as permitted in 
paragraphs (d) (5) and (6) of this section.
    (8) Hand-propelled vessel waters. Hand-propelled vessels and sail 
vessels may operate in park waters except on those waters named in 
paragraph (d)(4) of this section.
    (9) Five Mile Per Hour Zone motorboat restrictions. The operation of 
motorboats within ``Five Mile Per Hour Zones'' is subject to the 
following restrictions:
    (i) Class 1 and Class 2 motorboats shall proceed no closer than one-
quarter mile from the shoreline except to debark or embark passengers, 
or while moored when passengers are ashore.
    (ii) [Reserved]
    (10) Permission required to operate motorboats in Five Mile Per Hour 
Zone. Written authority for motorboats to enter either or both the South 
Arm or the Southeast Arm ``Five Mile Per Hour Zones'' shall be granted 
to an operator providing that prior to commencement of such entry the 
operator completes and files with the Superintendent a form statement 
showing:
    (i) Length, make, and number of motorboat.
    (ii) Type of vessel, such as inboard, inboard-outboard, turbojet, 
and including make and horsepower rating of motor.
    (iii) Name and address of head of party.
    (iv) Number of persons in party.
    (v) Number of nights planned to spend in each ``Five Mile Per Hour 
Zone.''
    (vi) Place where camping is planned within each ``Five Mile Per Hour 
Zone,'' or if applicable, whether party will remain overnight on board.
    (11) The disturbance of birds inhabiting or nesting on either of the 
islands designated as ``Molly Islands'' in the Southeast Arm of 
Yellowstone Lake is prohibited; nor shall any vessel approach the 
shoreline of said islands within one-quarter mile.
    (12) Boat racing, water pageants, and spectacular or unsafe types of 
recreational use of vessels are prohibited on park waters.

[[Page 65]]

    (e) Fishing. (1) Fishing restrictions, based on management 
objectives described in the park's Resources Management Plan, are 
established annually by the superintendent.
    (2) The superintendent may impose closures and establish conditions 
or restrictions, in accordance with the criteria and procedures of 
Secs. 1.5 and 1.7 of this chapter, on any activity pertaining to 
fishing, including, but not limited to, seasons and hours during which 
fishing may take place, size, creel and possession limits, species of 
fish that may be taken and methods of taking.
    (3) Closed waters. The following waters of the park are closed to 
fishing and are so designated by appropriate signs:
    (i) Pelican Creek from its mouth to a point two miles upstream.
    (ii) The Yellowstone River and its tributary streams from the 
Yellowstone Lake outlet to a point one mile downstream.
    (iii) The Yellowstone River and its tributary streams from the 
confluence of Alum Creek with the Yellowstone River upstream to the 
Sulphur Caldron.
    (iv) The Yellowstone River from the top of the Upper Falls 
downstream to a point directly below the overlook known as Inspiration 
Point.
    (v) Bridge Bay Lagoon and Marina and Grant Village Lagoon and Marina 
and their connecting channels with Yellowstone Lake.
    (vi) The shores of the southern extreme of the West Thumb thermal 
area along the shore of Yellowstone Lake to the mouth of Little Thumb 
Creek.
    (vii) The Mammoth water supply reservoir.
    (4) Fishing in closed waters or violating a condition or restriction 
established by the superintendent is prohibited.
    (f) Commercial passenger-carrying vehicles. The prohibition against 
the commercial transportation of passengers by motor vehicles in 
Yellowstone National Park contained in Sec. 5.4 of this chapter shall be 
subject to the following exception: Motor vehicles operated on an 
infrequent and nonscheduled tour on which the visit to the park is an 
incident to such tour, carrying only round trip passengers traveling 
from the point of origin of the tour will, subject to the conditions set 
forth in this paragraph, be accorded admission to the park for the 
purpose of delivering passengers to a point of overnight stay in the 
park and exit from the park. After passengers have completed their stay, 
such motor vehicles shall leave the park by the most convenient exit 
station, considering their destinations. Motor vehicles admitted to the 
park under this paragraph shall not, while in the park, engage in 
general sightseeing operations. Admission will be accorded such vehicles 
upon establishing to the satisfaction of the superintendent that the 
tour originated from such place and in such manner as not to provide in 
effect a regular and duplicating service conflicting with, or in 
competition with, the services provided for the public pursuant to 
contract authorization from the Secretary. The superintendent shall have 
the authority to specify the route to be followed by such vehicles 
within the park.
    (g) Camping. (1) Camping in Yellowstone National Park by any person, 
party, or organization during any calendar year during the period Labor 
Day through June 30, inclusive, shall not exceed 30 days, either in a 
single period or combined separate periods, when such limitations are 
posted.
    (2) The intensive public-use season for camping shall be the period 
July 1 to Labor Day. During this period camping by any person, party, or 
organization shall be limited to a total of 14 days either in a single 
period or combined separate periods.
    (h) Dogs and cats. Dogs and cats on leash, crated, or otherwise 
under physical restraint are permitted in the park only within 100 feet 
of established roads and parking areas. Dogs and cats are prohibited on 
established trails and boardwalks.
    (i)  [Reserved]
    (j) Travel on trails. Foot travel in all thermal areas and within 
the Yellowstone Canyon between the Upper Falls and Inspiration Point 
must be confined to boardwalks or trails that are maintained for such 
travel and are marked by official signs.

[[Page 66]]

    (k) Portable engines and motors. The operation of motor-driven chain 
saws, portable motor-driven electric light plants, portable motor-driven 
pumps, and other implements driven by portable engines and motors is 
prohibited in the park, except in Mammoth, Canyon, Fishing Bridge, 
Bridge Bay, Grant Village, and Madison Campgrounds, for park operation 
purposes, and for construction and maintenance projects authorized by 
the Superintendent. This restriction shall not apply to outboard motors 
on waters open to motorboating.
    (l) Snowmobiles. (1) The superintendent may, by the posting of 
appropriate signs, require persons to register or obtain a permit before 
attempting any oversnow travel. The superintendent shall issue a permit 
upon ascertaining that suitable winter survival supplies and equipment 
are available for human use in the event of mechanical failure. Where a 
permit is required, it must be carried on the person, or within the 
oversnow vehicle, and shall be exhibited upon request of any authorized 
person.
    (2) Upon designated routes, snowmobile use shall be limited to the 
unplowed roadway, which is defined as that portion of the roadway 
located between the road shoulders designated by snow poles or poles, 
ropes, and signs erected by the superintendent to regulate snowmobile 
activity. The designated routes for snowmobile use shall be:
    (i) The Grand Loop Road from its junction with Terrance Springs 
Drive to Norris Junction.
    (ii) Norris Junction to Canyon Road.
    (iii) The Virginia Cascade Drive.
    (iv) The Grand Loop Road from Norris Junction to Madison Junction.
    (v) The West Entrance Road from the Park Boundary at West 
Yellowstone to Madison Junction.
    (vi) The Grand Loop Road from Madison Junction to West Thumb.
    (vii) The Firehole Canyon Drive.
    (viii) The Blacktail Plateau Drive.
    (ix) The Fountain Flat Drive.
    (x) The South Entrance Road from the South Entrance to West Thumb.
    (xi) The Grand Loop Road from West Thumb to its junction with the 
East Entrance Road.
    (xii) The East Entrance Road from the East Entrance to its junction 
with the Grand Loop Road.
    (xiii) The Grand Loop Road from its junction with the East Entrance 
Road to Canyon Junction.
    (xiv) The Canyon Rim Drives.
    (xv) The Grand Loop Road from Canyon Junction to Tower Junction.
    (xvi) In the developed areas of Madison Junction, Old Faithful, 
Grant Village, Lake, Fishing Bridge, Canyon and Norris Junction, 
snowmobile routes to scenic points of interest, lodging and other 
facilities will be designated by appropriate snow poles and signs; said 
routes being limited to the unplowed roadways. The criteria for 
determining specific routes in these areas will be: the most direct 
access, weather and snow conditions and the elimination of congestion 
and improvement of circulation in the interest of public safety.
    (m) Swimming. The swimming or bathing in a natural, historical, or 
archeological thermal pool or stream that has waters originating 
entirely from a thermal spring or pool is prohibited.

[36 FR 12014, June 24, 1971, as amended at 37 FR 24034, Nov. 11, 1972; 
39 FR 9964, Mar. 15, 1974; 43 FR 21460, May 18, 1978; 45 FR 56343, Aug. 
25, 1980; 48 FR 30293, June 30, 1983; 52 FR 10686, Apr. 2, 1987; 52 FR 
19346, May 22, 1987; 59 FR 43736, Aug. 25, 1994]



Sec. 7.14  Great Smoky Mountains National Park.

    (a) Fishing--(1) License. A person fishing within the park must have 
in possession the proper State fishing license issued by either 
Tennessee or North Carolina. A holder of a valid resident or nonresident 
license issued by either State may fish throughout the park irrespective 
of State boundaries, except in Closed and Excluded Waters.
    (2) Closed and Excluded Waters. All waters of Mingus Creek, Lands 
Creek, Chestnut Branch and that portion of LeConte Creek as posted 
through the park residential area of Twin Creeks, are closed to and 
excluded from fishing.
    (3) Open Waters. (i) All of the waters of the Oconaluftee River 
downstream from where it joins with Raven Fork to the park boundary and 
that portion of

[[Page 67]]

Raven Fork from its junction with the Oconaluftee River upstream and 
paralleling the Big Cove Road to the park boundary are open to fishing 
in accordance with the Cherokee Fish and Game Management regulations.
    (ii) All other park waters are open to fishing in accordance with 
National Park Service regulations.
    (4) Season. Open all year for rainbow and brown trout, smallmouth 
bass, and redeye (rockbass). All other fish are protected and may not be 
taken by any means.
    (5) Time. Fishing is permitted from sunrise to sunset only.
    (6) Fish and equipment and bait. Fishing is permitted only by use of 
one handheld rod and line.
    (i) Only artificial flies or lures having one single hook may be 
used.
    (ii) The use or possession of any form of fish bait other than 
artificial flies or lures on any park stream while in possession of 
fishing tackle is prohibited.
    (7) Size limits. All trout or bass caught less than the legal length 
shall be immediatley returned unharmed to the water from which taken.
    (i) No trout or bass less than 7" in length may be retained.
    (ii) No size limit on redeye (rockbass).
    (8) Possession limit. (i) Possession limit shall mean and include 
the number of trout, bass or redeye (rockbass) caught in park waters 
which may be in possession, regardless of whether they are fresh, stored 
in ice chests, or otherwise preserved. A person must stop and desist 
from fishing for the remainder of the day upon attaining the possession 
limit.
    (ii) Five, fish, trout, bass, or redeye, or a combination thereof, 
is the maximum number which a person may retain in one day or be in 
possession of at any one time.
    (9) The superintendent may designate certain waters as Experimental 
Fish Management Waters and issue temporary and special rules regulating 
fishing use by posting signs and issuance of official public 
notification. All persons shall observe and abide by such officially 
posted rules pertaining to these specially designated waters.
    (b) Beer and alcoholic beverages. The possession of beer or any 
alcoholic beverages in an open or unsealed container, except in 
designated picnic, camping, or overnight lodging facilities, is 
prohibited.

[24 FR 11041, Dec. 30, 1959, as amended at 31 FR 5827, Apr. 15, 1966; 32 
FR 21038, Dec. 30, 1967; 33 FR 18156, Dec. 6, 1968; 40 FR 16315, Apr. 
11, 1975; 40 FR 25590, June 17, 1975; 48 FR 30294, June 30, 1983; 48 FR 
31022, July 6, 1983]



Sec. 7.15  Shenandoah National Park.

    (a) Backcountry camping. For purposes of clarification at Shenandoah 
National Park, ``backcountry camping'' is defined as any use of portable 
shelter or sleeping equipment in the backcountry. ``Backcountry'' is 
defined as those areas of the park which are more than 250 yards from a 
paved road, and more than one-half mile from any park facilities other 
than trails, unpaved roads and trail shelters. The Superintendent may 
designate areas where backcountry camping is prohibited if there would 
be potential damage to park resources or disruption to other park uses. 
Such areas will be marked on maps available in the Superintendent's 
office, visitor centers and ranger stations. A person or group of 
persons may camp overnight at any other backcountry location within the 
park, except:
    (1) No person or group of persons travelling together may camp 
without a valid backcountry camping permit. The issuance of this permit 
may be denied when such action is necessary to protect park resources or 
park visitors, or to regulate levels of visitor use in legislatively-
designated wilderness areas;
    (2) No person may camp in or with a group of more than nine (9) 
other persons;
    (3) No person or group may backcountry camp:
    (i) Within 250 yards or in view from any paved park road or the park 
boundary;
    (ii) Within one-half mile or in view from any automobile campground, 
lodge, restaurant, visitor center, picnic area, ranger station, 
administrative or maintenance area, or other park development or 
facility except a trail, an unpaved road or a trail shelter;
    (iii) On or in view from any trail or unpaved road, or within sight 
of any

[[Page 68]]

sign which has been posted by park authorities to designate a no camping 
area;
    (iv) Within view of another camping party, or inside or within view 
from a trail shelter: Provided, however, That backcountry campers may 
seek shelter and sleep within or adjacent to a trail shelter with other 
camping groups, during periods of severely unseasonable weather when the 
protection and amenities of such shelter are deemed essential;
    (v) Within 25 feet of any stream; and
    (4) No person shall backcountry camp more than two (2) consecutive 
nights at a single location. The term ``location'' shall mean that 
particular campsite and the surrounding area within a two hundred fifty 
(250) yard radius of that campsite.
    (b) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (c) Sanitation. (1) The possession of food or beverage in 
discardable glass containers is prohibited in the backcountry.
    (2) Except in comfort facilities provided therefor, no person in the 
backcountry shall urinate or defecate within ten (10) yards of any 
stream, trail, unpaved road or park facility. Fecal material must be 
placed in a hole and be covered with not less than three (3) inches of 
soil.

[24 FR 11041, Dec. 30, 1959, as amended at 28 FR 1797, Feb. 27, 1963; 32 
FR 17661, Dec. 12, 1967; 39 FR 9964, Mar. 15, 1974; 48 FR 30294, June 
30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 52 FR 
19345, May 22, 1987; 63 FR 13343, Mar. 19, 1998]



Sec. 7.16  Yosemite National Park.

    (a) Fishing--(1) Open season and limit of catch. The open season for 
fishing and the daily bag limit and possession limit shall conform to 
that of the State of California for the Central Sierra Region, except as 
otherwise provided by paragraph (k) of this section.
    (2)-(3) [Reserved]
    (4) Fishing from horseback. Fishing from horseback in any lake or 
stream is prohibited.
    (5) Gathering or securing grubs. Gathering or securing grubs for 
bait through the destruction or tearing apart of down trees or logs 
within sight of roads, trails or inhabited areas is prohibited.
    (b) Closed roads. (1) The road between Hetch Hetchy Dam and Lake 
Eleanor is closed to all motor vehicle travel except vehicles belonging 
to the United States Government, the State of California, or the City of 
San Francisco, California.
    (2) [Reserved]
    (c) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (d) [Reserved]
    (e) Camping. (1) Camping is permitted in Yosemite National Park for 
not more than a total of 30 days in any calendar year: Provided, 
however, That during the period from June 1 to September 15, inclusive, 
camping within the Yosemite Valley is limited to not more than a total 
of 7 days and camping within all other portions of the park, during the 
same period, is limited to not more than a total of 14 days.
    (2) Quiet shall be maintained at all camps between 10 p.m. and 6 
a.m.
    (f)-(g) [Reserved]
    (h) Regulations governing eating and drinking establishments and 
sale of food and drink. (1) No restaurant, coffee shop, cafeteria, short 
order cafe, lunch room, tavern, sandwich stand, soda fountain, or other 
eating and drinking establishment, including kitchens, or other place in 
which food and drink is prepared for sale elsewhere, may be operated on 
any privately-owned lands within Yosemite National Park unless a permit 
for the operation thereof has first been secured from the 
Superintendent.
    (2) The Superintendent will issue such a permit only after an 
inspection of the premises to be licensed by the County Health Officer 
and written notice that the premises comply with the substantive 
requirements of State and County health laws and ordinances which would 
apply to the premises if the privately-owned lands were not

[[Page 69]]

subject to the jurisdiction of the United States.
    (3) The Superintendent or his duly authorized representative shall 
have the right of inspection at all reasonable times for the purpose of 
ascertaining whether eating and drinking establishments are being 
operated in a sanitary manner.
    (4) No fee will be charged for the issuance of such a permit.
    (5) The applicant or permittee may appeal to the Regional Director, 
National Park Service, from any final action of the Superintendent 
refusing, conditioning or revoking the permit. Such an appeal, in 
writing, shall be filed within twenty days after receipt of notice by 
the applicant or permittee of the action appealed from. Any final 
decision of the Regional Director may be appealed to the Director of the 
National Park Service within 15 days after receipt of notice by the 
applicant or permittee of the Regional Director's decision.
    (6) The revocable permit for eating and drinking establishments and 
sale of food and drink authorized in this paragraph to be issued by the 
Superintendent shall contain general regulatory provisions as 
hereinafter set forth, and will include such special conditions as the 
Superintendent may deem necessary to cover existing local circumstances, 
and shall be in a form substantially as follows:

                             Front of Permit

                                                              No. ------

                              united states

                       department of the interior

                          national park service

 Revocable Permit for Operation of Eating and Drinking Establishments, 
                     and for Sale of Food and Drink

    Permission is hereby granted ------------of ----------------, during 
the period from ---------- 19-- to ---------- 19--, inclusive to operate 
a
                                         (Specify type of establishment)
on the following described privately-owned lands within Yosemite 
National Park, over which the United States exercises exclusive 
jurisdiction ------------ subject to the general provisions and any 
special conditions stated on the reverse hereof.
    Issued at ------------ this ------ day of ------------, 19--.

                                                          Superintendent

The undersigned hereby accepts this permit subject to the terms, 
covenants, obligations and reservations, expressed or implied therein.
    Two witnesses to signature(s):

 1----------------------------------------------

                                                               (Address)


                                                               (Address)

     1 Sign name or names as written in body of permit; for 
copartnership, permittees should sign as ``Members of firm''; for 
corporation, the officer authorized to execute contracts, etc., should 
sign, with title, the sufficiency of such signature being attested by 
the secretary, with corporate seal, in lieu of witnesses.

                            Reverse of Permit

              General Regulatory Provisions of This Permit

    1. Permittee shall exercise this privilege subject to the 
supervision of the Superintendent of the Park and shall comply with the 
regulations of the Secretary of the Interior governing the Park.
    2. Any building or structure used for the purpose of conducting the 
business herein permitted shall be kept in a safe, sanitary and sightly 
condition.
    3. Permittee shall dispose of brush and other refuse from the 
business herein permitted as required by the Superintendent.
    4. Permittee shall pay to the United States for any damage resulting 
to Government-owned property from the operation of the business herein 
permitted.
    5. Permittee, his agents, and employees shall take all reasonable 
precautions to prevent forest fires and shall assist the Superintendent 
to extinguish forest fires within the vicinity of the place of business 
herein permitted, and in the preservation of good order within the 
vicinity of the business operations herein permitted.
    6. Failure of the permittee to comply with all State and County 
substantive laws and ordinances applicable to eating and drinking 
establishments and the sale of food and drink, or to comply with any law 
or any regulations of the Secretary of the Interior governing the Park, 
or with the conditions imposed by this permit, will be grounds for 
revocation of this permit.
    7. No disorderly conduct shall be permitted on the premises.
    8. This permit may not be transferred or assigned without the 
consent, in writing, of the Superintendent.

[[Page 70]]

    9. Neither Members of, nor Delegates to Congress, or Resident 
Commissioners, officers, agents, or employees of the Department of the 
Interior shall be admitted to any share or part of this permit or derive 
directly or indirectly, any pecuniary benefit arising therefrom.
    10. The following special provisions are made a part of this permit:
    (i) Motorboats. Motorboats are prohibited on all the natural lakes 
and streams of Yosemite National Park.
    (j) Domestic water supplies and sewage disposal systems--(1) Sewage 
disposal systems--(i) Construction. Any dwelling or establishment 
constructed on privately owned land within Yosemite National Park for 
the purpose of housing one or more persons must be served by an approved 
sewage disposal system prior to occupancy. Such system may not be 
initially constructed or rebuilt without a permit issued by the 
Superintendent. Such permit shall be issued only after the receipt by 
the Superintendent of written notification by the County Health Officer 
that the plans for such construction or reconstruction are consistent 
with the requirements of the State and county health laws and ordinances 
applicable to systems not located on lands within the park.
    (ii) Existing systems. Any sewage disposal system which was 
constructed and was in use prior to the effective date of this 
regulation shall be subject to inspection by the County Health Officer 
or his duly authorized representative for the purpose of ascertaining 
whether or not such existing sewage disposal system would meet the 
requirements of the State and county health laws and ordinances were 
such system not located on lands within the park. In the event such 
existing system is found by the Health Officer to be substandard and a 
hazard to health, the person, corporation, or other organization 
controlling the structure served by such system shall have one (1) year 
after service of a written notice by the Superintendent to comply with 
the requirements of the State and county health laws and ordinances. 
Such notice shall describe briefly the deficiency as noted by the County 
Health Officer and shall specify what steps must be taken to achieve 
conformity with health regulations. In the event the deficiency 
described in the notice is not remedied within the period set forth 
above, the structures affected by or served by such sewage system shall 
be deemed unfit for human habitation and shall be vacated until such 
deficiency is remedied and a certificate of approval is filed with the 
Superintendent.
    (2) Water supply facilities--(i) Construction of new facilities. 
Domestic water supply facilities for the use of two (2) or more families 
or for use of the general public may not be constructed, installed, or 
reconstructed on the privately owned land within Yosemite National Park 
unless the plans for such facilities are consistent with the 
requirements of State and county health laws and ordinances which would 
be applicable if such water supply facilities were located on privately 
owned lands outside of the park. Facilities for such a new water supply 
system shall not be constructed or reconstructed without a permit issued 
by the Superintendent. A permit will be issued only after the receipt by 
the Superintendent of written notification by the County Health Officer 
that the plans for the construction or reconstruction of the water 
supply system are consistent with the requirements of the State and 
county health laws and ordinances applicable to structures and 
establishments located outside of the park.
    (ii) Existing systems. All water supply systems for the use of two 
(2) or more families or for use by the general public, regardless of 
size and whether or not constructed and in use prior to the effective 
date of this regulation, shall be subject to inspection from time to 
time by the County Health Officer or his duly authorized representative 
for the purpose of ascertaining whether or not such water supply systems 
meet the requirements of the State and county health laws and 
ordinances. In the event any existing system is found by the Health 
Officer to be substandard and a hazard to health, the person, 
corporation, or other organization controlling the premises served by 
such system shall have one (1) year after service of a written notice by 
the Superintendent to comply with the requirements of the State and 
county

[[Page 71]]

health laws and ordinances. Such notice shall describe briefly the 
deficiency as noted by the County Health Officer and shall specify what 
steps must be taken to achieve conformity with health regulations. In 
the event the deficiency described by the notice is not remedied within 
the period set forth above, the structures affected by such deficiency 
shall be considered unfit for human habitation and shall be vacated 
until such deficiency is remedied and certificate of approval by the 
County Health Officer is filed with the Superintendent.
    (3) Inspection. The County Health Officer or his duly authorized 
representative shall have the right of inspection for the purpose of 
ascertaining whether domestic water supplies and sewage disposal systems 
located on privately owned lands within Yosemite National Park meet 
State and county health standards. Inspection may be made by the County 
Health Officer to assure that construction of such systems, and 
facilities as may be built, rebuilt, or installed complies with approved 
plans.
    (4) Issuance of permits. Permits for the construction or 
reconstruction of sewage or water supply systems shall be issued without 
charge by the Superintendent after written notification by the County 
Health Officer that the plans and specifications for any proposed system 
are deemed to be in conformity with the requirements of the State and 
county health laws and ordinances. Any applicant or permittee aggrieved 
by an action of the Superintendent in refusing or in conditioning a 
permit for the construction or reconstruction of a sewage disposal or a 
water supply system may appeal to the Regional Director, National Park 
Service. Such appeal shall be filed in writing within 20 days after 
receipt of notice by the applicant or permittee of the action of the 
Superintendent. A final decision of the Regional Director may be 
similarly appealed to the Director of the National Park Service within 
15 days after receipt of notice by the applicant or permittee of the 
Regional Director's decision.
    (5) Permits. Permit to construct or reconstruct domestic water 
facilities or a sewage disposal system authorized to be issued by the 
Superintendent in this paragraph shall contain general regulatory 
provisions as hereinafter set forth and may include such special 
conditions as the Superintendent deems necessary. A permit shall be in a 
form substantially as follows:

                                                              No. ------

     United States Department of the Interior National Park Service

permit to construct, build, or rebuild domestic water systems and sewage 
                            disposal systems

    Permission is hereby granted ---------- of ---------- to construct, 
build, or rebuild a ---------------------------------------------- 
(Specify water system, sewage disposal system) on the following 
described privately owned lands within Yosemite National Park, over 
which the United States exercises exclusive jurisdiction --------------
------------ ---------------------------- subject to the general 
provisions and any special conditions stated on the reverse hereof.
    Issued at ------------ this -------- day of ----------, 19--.

_______________________________________________________________________
                                                        (Superintendent)

    The undersigned hereby accepts this permit subject to the terms, 
covenants, obligations, and reservations, expressed or implied therein.
                                   1 ------------------------

Two witnesses to signature(s):
_______________________________________________________________________
Address_________________________________________________________________
_______________________________________________________________________
Address_________________________________________________________________

    1 Sign name or names as written in body of permit; for 
copartnership, permittees should sign as ``Members of firm''; for 
corporation the officer authorized to execute contracts etc., should 
sign, with title, the sufficiency of such signature being attested by 
the secretary, with corporate seal, in lieu of witnesses

                            Reverse of Permit

              general regulatory provisions of this permit

    1. Permittee shall construct, build, or rebuild a domestic water 
system and/or a sewage disposal system in accordance with the standards 
of the Mariposa County Health Department.
    2. Permittee shall not occupy constructed dwelling or establishment 
until completion of a bona fide, operational sewage disposal system.

[[Page 72]]

    3. Failure of the permittee to comply with all State and county laws 
and ordinances applicable to domestic water supplies and the disposal of 
sewage, including household waste, or with the conditions imposed by 
this permit will be grounds for requiring the permittee to vacate the 
dwelling or establishment until compliance.
    4. Permittee shall take all reasonable precautions to prevent forest 
fires and shall assist the Superintendent to extinguish forest fires 
within the vicinity of the structure herein permitted.
    5. This permit may not be transferred or assigned without the 
consent, in writing, of the Superintendent.
    6. The following special provisions are made a part of this permit:
    (k) Skelton Lakes and Delaney Creek from its beginning at the outlet 
of the lower Skelton Lake to its interception with the Tuolumne 
Meadows--Young Lakes Trail, are closed to all public fishing.
    (l) Motor vehicles driven or moved upon a park road must be 
registered and properly display current license plates. Such 
registration may be with a State or other appropriate authority or, in 
the case of motor vehicles operated exclusively on park roads, with the 
superintendent. An annual registration fee of $6 will be charged for 
vehicles registered with the superintendent which are not connected with 
the operation of the park.
    (m) Trucking. (1) The fees for special trucking permits issued in 
emergencies pursuant to paragraph (b) of Sec. 5.6 of this chapter shall 
be based on the licensed capacity of trucks, trailers, or semitrailers, 
as follows:

Trucks, less than 1 ton.
Trucks of 1 ton and over, but not to exceed 10 tons.
Appropriate automobile permit fee. $5 for each ton or fraction thereof.

    (i) The fee charged is for one round trip between any two park 
entrances provided such trip is made within one 24-hour period; 
otherwise the fee is for a one-way trip.
    (ii) Trucks carrying bona fide park visitors and/or their luggage or 
camping equipment may enter the park upon payment of the regular 
recreation fees.
    (2) The fee provided in paragraph (m)(1) of this section also shall 
apply to permits which the superintendent may issue for trucking through 
one park entrance to and from privately owned lands contiguous to the 
park boundaries, except that such fee shall be considered an annual 
vehicle fee covering the use of park roads between the point of access 
to such property and the nearest park exit connecting with a State or 
county road.

[24 FR 11042, Dec. 30, 1959, as amended at 25 FR 3124, Apr. 12, 1960; 25 
FR 4992, June 7, 1960; 26 FR 9993, Oct. 25, 1961; 27 FR 2469, Mar. 15, 
1962; 27 FR 8543, Aug. 25, 1962; 29 FR 5887, May 5, 1964; 29 FR 7324, 
June 5, 1964; 31 FR 11454, Aug. 31, 1966; 34 FR 12341, July 26, 1969; 35 
FR 10658. July 1, 1970; 40 FR 25004, June 12, 1975; 48 FR 30294, June 
30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 60 FR 
55791, Nov. 3, 1995]



Sec. 7.17  Cuyahoga Valley National Recreation Area.

    (a) Alcoholic beverages--(1) Possession. The possession or 
consumption of a bottle, can, or other receptacle containing an 
alcoholic beverage which has been opened, a seal broken, or the contents 
of which have been partially removed is prohibited, except in residences 
or other areas specifically authorized by the superintendent as to time 
and place.
    (2) Definition--Alcoholic beverages. Any liquid beverage containing 
\1/2\ of 1 percent or more of alcohol by weight.

[47 FR 24299, June 4, 1982]



Sec. 7.18  Hot Springs National Park.

    (a) Commercial Vehicles. Permits shall be required for the operation 
of commercial passenger-carrying vehicles, including taxicabs, carrying 
passengers for hire over park roads for sightseeing purposes. The fees 
for such permits shall be as follows:
    (1) Fleet operator; equipment that includes any combination of 
commercial passenger-carrying vehicles, including taxicabs. Calendar-
year permit--$25.
    (2) Bus operator; equipment limited to a single bus-type vehicle 
with passenger-carrying seat capacity in excess of eight persons. 
Calendar-year permit--$20.
    (3) Taxicab operator; equipment limited to a single vehicle with a 
capacity of not over eight passenger-carrying seats. Calendar-year 
permit--$12.
    (4) The fees for permits issued for commercial passenger-carrying 
vehicle

[[Page 73]]

operations starting on or after July 1 of each calender year will be 
one-half of the respective rates mentioned in paragraphs (a)(1), (2), 
and (3) of this section.
    (b) Use of water. The taking or carrying away of water, hot or cold, 
from any of the springs, fountains, or other sources of supply in Hot 
Springs National Park for the purpose of sale, or for any use other than 
personal drinking, is prohibited.

[24 FR 11042, Dec. 30, 1959, as amended at 32 FR 15710, Nov. 15, 1967; 
48 FR 30294, June 30, 1983]



Sec. 7.19  Canyon de Chelly National Monument.

    (a) Visitors are prohibited from entering the canyons of Canyon de 
Chelly National Monument unless accompanied by National Park Service 
employees or by authorized guides: Provided, however, That the 
Superintendent may designate, by marking on a map which shall be 
available for public inspection in the Office of the Superintendent and 
at other convenient locations within the monument, canyons or portions 
thereof which may be visited or entered without being so accompanied.
    (b) The Superintendent may issue permits to properly qualified 
persons to act as guides for the purpose of accompanying visitors within 
the canyons.

[32 FR 13129, Sept. 15, 1967]



Sec. 7.20  Fire Island National Seashore.

    (a) Operation of motor vehicles--(1) Definitions. The following 
definitions shall apply to all provisions of this paragraph (a):
    (i) ``Act'' means the Act of September 11, 1964 (Pub. L. 88-587, 78 
Stat. 928, 16 U.S.C. 459e et seq.), or as the same may be amended or 
supplemented, which authorizes the establishment of the Seashore.
    (ii) ``Seashore lands'' means any lands or interests in lands owned 
or hereafter acquired by the United States within the authorized 
boundaries of the Seashore. It shall also mean any lands or interests in 
lands owned by the United States which are on the island, outside the 
authorized boundaries of the Seashore, and managed for recreational 
purposes by the National Park Service pursuant to an agreement with 
another Federal agency.
    (iii) ``Island'' means the entirety of Fire Island, New York; 
without regard for property ownership, jurisdiction, or the boundaries 
of Fire Island National Seashore.
    (iv) ``Mainland'' means the land of Long Island, N.Y.
    (v) ``Motor vehicle'' means a device which is self-propelled by 
internal combustion or electrical energy and in, upon, or by which any 
person or material is or may be transported on land.
    (vi) ``Dune crossing'' means an access route over a primary dune 
which has been designated and appropriately posted.
    (vii) ``Public utility vehicle'' means any motor vehicle operated 
and owned or leased by a public utility or public service company 
franchised or licensed to supply, on the island, electricity, water, or 
telephone service, while that vehicle is in use for supplying such 
service.
    (viii) ``Year-round residents'' means those persons who are legally 
domiciled on the island and who, in addition, physically reside in their 
fixed and permanent homes on the island continuously, except for brief 
and occasional absences, for 12 months of the year.
    (ix) ``Part-time residents'' means those persons who physically and 
continuously reside in their homes on the Island for less than 12 months 
of the year.
    (x) ``Essential service vehicle'' means any motor vehicle other than 
a public utility vehicle whose use on the Island is essential to the 
continued use of residences on the Island. This may include vehicles 
used for the following purposes, while in use for such purposes:
    (A) Transporting heating fuel and bottled gas.
    (B) Sanitation or refuse removal.
    (xi) ``Official vehicle'' means any motor vehicle operated and owned 
or leased by a Federal, State, or local governmental agency, except for 
law enforcement vehicles and fire fighting apparatus, while that vehicle 
is being

[[Page 74]]

used to transact the official business of that agency.
    (xii) ``Construction and business vehicle'' means any motor vehicle 
other than a public utility vehicle or essential service vehicle 
involved in construction, maintenance, or repair of structures on the 
Island or the transportation of materials or supplies to retail business 
establishments on the Island.
    (2) Routes for motor vehicle travel. No motor vehicle may be 
operated on Seashore lands except on routes designated for that purpose 
and subject to the limitations of this paragraph (a). The following are 
the routes for off-road motor vehicle travel on Seashore lands, which 
shall be designated on a map available at the office of the 
Superintendent or by the posting of signs where appropriate:
    (i) Along the Atlantic Ocean on the south shore of Fire Island, 
within the Seashore boundaries between the water's edge and 20 feet 
seaward of the beach grass (Ammophila breviligata) line. If the water is 
higher than this 20-foot line, no vehicle travel is permitted.
    (ii) A 1-mile route in the interior of the Island, crossing the 
``Lighthouse Tract'' from the easterly end of the paved road in Robert 
Moses State Park to the eastern boundary of the Tract, which is the 
western boundary of the community of Lighthouse Shores-Kismet Park.
    (iii) An interior route which extends intermittently the length of 
the island, commonly referred to as the ``Burma Road,'' for limited 
travel by public utility and law enforcement vehicles and fire fighting 
apparatus.
    (iv) Posted dune crossings from the beach to the ``Burma Road'' or 
to pathways within the island communities.
    (3) Alternative means of transportation. In providing for access to 
the island, the Superintendent shall require maximum possible reliance 
on those means of transportation which are other than private motor 
vehicles and which have the minimum feasible impact on Seashore lands. 
As used in this paragraph (a), the term ``alternative transportation'' 
shall mean a waterborne conveyance that is licensed for hire and that 
provides a reasonable means of transportation between the mainland and 
the island. Such alternative transportation shall be deemed to exist for 
each particular factual situation in which:
    (i) The schedule of the transportation service in question permits 
departure from an island terminal before 9 a.m. and departure from a 
mainland terminal after 5 p.m. on the same day; and
    (ii) When the interval between the earliest and latest service 
provided by the transportation service in question on any day exceeds 8 
hours, such service provides at least one round trip between the 
mainland and the island during that interval; and
    (iii) The island transportation terminal in question is no more than 
one mile from the point of origin or destination on the island or from a 
point on the island to which access by motor vehicle is permitted; and
    (iv) The mode of transportation in question is adequate to carry the 
person or object to be transported.
    (4) Permit required. No motor vehicle, other than a piece of 
firefighting apparatus or a motor vehicle operated and owned or leased 
by a duly constituted law enforcement agency having jurisdiction within 
the Seashore, shall be operated on Seashore lands without a valid permit 
issued by the Superintendent.
    (5) Permit eligibility. Any person, firm, partnership, corporation, 
organization, or agency falling within the categories listed below may 
apply to the Superintendent for a permit, using a form to be supplied 
for that purpose. The following will be eligible to submit permit 
applications:
    (i) Those persons who are year-round residents.
    (ii) Those persons who held part-time permits prior to January 1, 
1978.
    (iii) Those persons, firms, partnerships, corporations, 
organizations, or agencies which provide services essential to public 
facilities and the occupancy of residences on the Island.
    (iv) Those persons who desire access by motor vehicle to Seashore 
lands in order to engage in fishing or hunting thereon, provided such 
access is compatible with conservation and preservation of Seashore 
resources.

[[Page 75]]

    (v) Those owners of estates in real property located on the Island 
who have a demonstrated need for temporary access to that property on 
days when there is no alternative transportation.
    (vi) Holders of reserved rights of use and occupancy.
    (6) Standards for issuance of permits. Permits will not be issued 
for the convenience of travel on Seashore lands. The Superintendent 
shall approve an application for a motor vehicle permit with appropriate 
limitations and restrictions or deny the application, in accordance with 
the provisions of this paragraph (a). Permits will be issued only for 
those motor vehicles whose travel on Seashore lands is deemed by the 
Superintendent to be essential to the management or enjoyment of 
Seashore resources, or to the occupancy of residences or the ownership 
of real property on the island. In making this determination, the 
Superintendent shall consider the purposes of the Act in providing for 
the conservation and preservation of the natural resources of the 
Seashore and for the enjoyment of these resources by the public; the 
scope and purpose of such travel; the availability of alternative 
transportation on the day or days when the applicant for a permit 
requests to travel on Seashore lands; the present or past issuance of 
other permits to the applicant; any limitations on numbers of permits 
established pursuant to paragraph (a)(8); and, in the case of public 
utility, service, and official vehicles, the feasibility of basing such 
vehicles and related equipment on the island rather than the mainland.
    (7) Vehicle restrictions. Any motor vehicle whose owner or operator 
has been found to qualify for a permit, according to the standards set 
forth in paragraphs (a) (5) and (6), must, prior to the issuance of such 
permit:
    (i) Have a valid permit or other authorization for operation on the 
island issued by the local government agency or agencies within whose 
jurisdiction the travel is to be performed, if such permission or 
authorization is required by such agency or agencies.
    (ii) Be capable of four-wheel drive operation.
    (iii) Have a rated gross vehicle weight not in excess of 10,000 
pounds, unless the use of a larger vehicle will result in a reduction of 
overall motor vehicle travel.
    (iv) Meet the requirements of Sec. 4.10(c)(3) of this chapter and 
conform to all applicable State laws regarding licensing, registration, 
inspection, insurance, and required equipment.
    (8) Limitations on number of permits. (i) The Superintendent may 
limit the total number of permits for motor vehicle travel on Seashore 
lands, and/or limit the number of permits issued for each category of 
eligible applicants listed in paragraph (a)(5) of this section as the 
Superintendent deems necessary for resource protection, public safety, 
or visitor enjoyment. In establishing or revising such limits, the 
Superintendent shall consider such factors as the type of use or purpose 
for which travel is authorized, the availability of other means of 
transportation, limits established by local jurisdictions, historic 
patterns of use, conflicts with other users, existing multiple permits 
held by individuals or a household, aesthetic and scenic values, visitor 
uses, safety, soil, weather, erosion, terrain, wildlife, vegetation, 
noise, and management capabilities. A revision of these limitations 
shall be published as a rule in the Federal Register except in emergency 
situations when closures may be imposed in accordance with the 
provisions of Sec. 1.5 and Sec. 1.7 of this chapter.
    (ii) Limitations on permits for motor vehicle travel on Seashore 
lands, according to eligible applicant category, are as follows:
    (A) Year-round residents. No more than 145 permits at any time are 
issued to year-round residents. A year-round resident who is denied a 
permit because the limit has been reached is placed on a waiting list. 
When the number of outstanding permits drops below 145, permits are 
issued in order of the date of receipt of the application. When multiple 
applications are received on the same day, priority is given to persons 
both living and working full time on the Island. One year-round resident 
permit is allowed per household. Permit applications are mailed by the 
Superintendent by December 1 of each

[[Page 76]]

year to those year-round residents eligible to renew their permit. The 
deadline for receipt of completed applications is January 31 of the 
permit year. Applications received after January 31 are not considered 
as renewals of existing permits. Should the 145 limit be reached, late 
applications are placed at the end of the waiting list.
    (B) Part-time residents. Permits are issued only to part-time 
residents who held a residential permit as of January 1, 1978. No more 
than 100 part-time resident permits are issued. A part-time resident who 
becomes a year-round resident is eligible to apply for a year-round 
resident permit in accordance with paragraph (a)(8)(ii)(A) of this 
section. A year-round resident permit holder as of January 1, 1978, who 
no longer qualifies as a year-round resident, may be eligible to obtain 
a part-time resident permit as long as the 100 limit is not exceeded and 
the part-time resident definition is satisfied.
    (C) Holders of reserved rights of use and occupancy. A holder of a 
reserved right of use and occupancy, or a lessee thereof, occupying a 
property acquired by the National Park Service in the eight-mile area 
described in the Act, is issued a permit consistent with the terms under 
which the right of use and occupancy is retained.
    (D) Public utility and essential service vehicles. No more than 30 
permits at any time are issued to public utility and essential service 
vehicles. After consultation with the property owners' association of 
the appropriate unincorporated community or the village clerk for the 
Villages of Ocean Beach and Saltaire, the Superintendent may apportion 
permits to allow minimal service needs to each community.
    (E) Construction and business vehicles. No more than 80 permits at 
any time are issued to construction and business vehicles. An operator 
of a construction or business vehicle who is denied a permit because the 
limit has been reached is placed on a waiting list. When the number of 
outstanding permits drops below 80, permits are issued in order of the 
date of receipt of the application. An operator of a construction or 
business vehicle may apply for either a 30-day-per-job permit or a one-
year letter permit. Only a year-round construction firm or a year-round 
business is eligible for a one-year letter permit and only as long as 
the firm or business remains in year-round operation. Notwithstanding 
possession of either a 30-day permit or a one-year letter permit, when 
water transportation is available, a firm or business shall accomplish 
all transportation of materials, supplies, and crews by use of the 
nearest available ferry, freight, or other overwater transportation 
method. When water transportation is available, vehicles permitted under 
a 30-day permit may remain at the job site but must be removed upon the 
completion of the job.
    (F) Municipal employees. A year-round resident who is a full-time 
employee of one of the two villages or of one of the 15 unincorporated 
communities identified in the Act is eligible for a permit if such 
employment necessitates year-round Island residence. Five (5) municipal 
employee permits are available for each village or community except on 
the basis of documented community need.
    (G) Recreational vehicles. Recreational vehicles may travel between 
Smith Point and Long Cove along the route described in paragraph 
(a)(2)(i) of this section. A total of 5000 one-way trips per year are 
available for the recreational vehicle category. Permits for 
recreational vehicles may be obtained from the Smith Point Visitor 
Center. Annual recreational vehicle trip counts commence in September of 
each year and conclude the following June or when the 5000 trip limit is 
reached, whichever occurs first.
    (9) Permit limitations. (i) No permit issued under these regulations 
shall be valid for more than one year. The superintendent may issue 
permits for lesser periods, as appropriate for the travel required or 
the time of year at which a permit is issued.
    (ii) Permits for public utility, service, and official vehicles 
shall specify the number of vehicles and identify each vehicle whose use 
is authorized thereby. Permits for other motor vehicles will apply only 
to the single, specific vehicle for which issued.
    (iii) Permits are not transferable to another motor vehicle or to a 
new owner or lessee of the vehicle for which issued.

[[Page 77]]

    (iv) Permits may specify a single or multiple uses or purposes for 
which travel on Seashore lands is permitted. The limitations and 
restrictions on authorized travel set forth in paragraph (a)(10) of this 
section shall apply, however, depending upon the specific use or purpose 
for which a permitted motor vehicle is being utilized at the time of 
travel.
    (v) Permits may contain such other limitations or conditions as the 
Superintendent deems necessary for resource protection, public safety, 
or visitor enjoyment. Limitations may include, but will not be limited 
to, restrictions on locations where vehicle travel is authorized and 
times, dates, or frequency of travel, in accordance with the provisions 
of this paragraph (a).
    (10) Authorized travel. (i) Except as specifically provided 
elsewhere in this paragraph (a)(10), travel across Seashore lands by 
motor vehicles with valid permits will be authorized only on those days 
in which the island location, which is the point of origin or 
destination of travel or is another point to which access by motor 
vehicle is permitted, is not served by alternative transportation.

When alternative transportation services satisfy the definition of 
alternative transportation in paragraph (a)(3), the schedule of 
transportation services available for the island community or 
communities named in the permit application shall determine the days 
when travel is not authorized for the motor vehicle to which that permit 
applies.
    (ii) Except as provided in paragraph (a)(10)(iii) of this section, 
on any day on which travel by motor vehicle is authorized due to a lack 
of alternative transportation, travel shall be limited to not more than 
one round trip per vehicle per day between the mainland and the Island, 
and may be performed at any time except the following periods:
    (A) From 9 a.m. to 6 p.m. on all Saturdays, Sundays, and national 
holidays from May 1 through June 13 and from September 15 through 
October 31.
    (B) From 9 a.m. to 6 p.m. on all weekdays, and from 6 p.m. Friday to 
9 a.m. the following Monday on all weekends, from June 14 through 
September 14.
    (iii) Exceptions. (A) From the Monday after Labor Day through the 
Friday before Memorial Day, a year-round resident may make no more than 
two round trips per day for residential purposes.
    (B) The Seashore is closed to all recreational vehicles from January 
1 through March 31 and from June 14 through September 14. During the 
periods when the Seashore is open for recreational vehicle traffic, an 
operator of a recreational vehicle may make no more than two round trips 
per day. On weekend days in September and October, a recreational 
vehicle may enter the Island until 9:00 a.m. A recreational vehicle that 
has entered the Island may then remain or may depart but may not re-
enter the Island until after 6:00 p.m.
    (iv) The Superintendent may, for situations where the restrictions 
in paragraph (a)(10)(ii) would create a severe hardship, authorize 
additional trips or travel at other hours.
    (v) In the case of public utility, service, and official vehicles 
for which permits have been issued, the Superintendent may authorize 
travel on Seashore lands at any time that he determines travel by such 
vehicles is essential, notwithstanding the above limitations and 
restrictions on authorized travel.
    (vi) Recurring travel conducted pursuant to paragraph (a)(10) (iv) 
or (v) of this section is authorized only pursuant to the terms and 
conditions of the original permit issued by the Superintendent; single 
occasion travel is authorized only pursuant to the terms and conditions 
of a permit issued by the Superintendent on a case by case basis.
    (vii) In an emergency involving the protection of life or a 
threatened substantial loss of property, travel by a motor vehicle which 
is under permit is authorized at any time.
    (viii) The Superintendent may suspend any travel by motor vehicle 
otherwise permitted under this paragraph (a) when in his judgment such 
travel is inconsistent with the purpose of the Act or when such factors 
as weather, tides, or other physical conditions

[[Page 78]]

render travel hazardous or would endanger Seashore resources. Such 
suspension of travel shall be announced by the posting of appropriate 
signs or verbal order of the Superintendent.
    (ix) In accordance with the procedures set forth in Sec. 1.5 of this 
chapter, the Superintendent may establish a limit on the number of motor 
vehicles permitted on any portion of, or the entirety of, the Seashore 
lands at any one time when such limits are required in the interests of 
public safety, protection of the resources of the area, or coordination 
with other visitor uses.
    (x) The provisions of this paragraph (a)(10) shall not apply to 
firefighting apparatus or to motor vehicles operated and owned or leased 
by a duly constituted law enforcement agency having jurisdiction within 
the Seashore.
    (11) Rules of travel. (i) When two motor vehicles approach from 
opposite directions in the same track on Seashore lands, both operators 
shall reduce speed and the operator with the water to his left shall 
yield the right of way by turning out of the track to the right.
    (ii) No motor vehicle shall be operated on any portion of a dune on 
Seashore lands except at dune crossings.
    (iii) No person shall operate a motor vehicle on Seashore lands at a 
speed in excess of 20 miles per hour.
    (iv) The speed of any motor vehicle being operated on Seashore lands 
shall be reduced to five miles per hour upon approaching or passing 
within 100 feet of any person not in a motor vehicle, or when passing 
through or over any dune crossings.
    (12) Violations. (i) Failure to comply with the conditions of any 
permit issued pursuant to this paragraph will constitute a violation of 
these regulations.
    (ii) In addition to any penalty required by Sec. 1.3(a) of this 
chapter for a violation of regulations in this paragraph, the 
Superintendent may suspend or revoke the permit of a motor vehicle 
involved in such a violation.
    (b) Operation of Seaplane and Amphibious Aircraft. (1) Aircraft may 
be operated on the waters of the Great South Bay and the Atlantic Ocean 
within the boundaries of Fire Island National Seashore, except as 
restricted in Sec. 2.17 of this chapter and by the provisions of 
paragraph (b)(2) of this section.
    (2) Except as provided in paragraph (b)(3) of this section, the 
waters of the Great South Bay and the Atlantic Ocean within the 
boundaries of Fire Island National Seashore are closed to take-offs, 
landings, beachings, approaches or other aircraft operations at the 
following locations:
    (i) Within 1000 feet of any shoreline, including islands.
    (ii) Within 1000 feet of lands within the boundaries of the 
incorporated villages of Ocean Beach and Saltaire and the village of 
Seaview.
    (3) Aircraft may taxi on routes perpendicular to the shoreline to 
and from docking facilities at the following locations:
    (i) Kismet--located at approximate longitude 73 deg. 12\1/2\' and 
approximate latitude 40 deg. 38\1/2\'.
    (ii) Lonelyville--located at approximate longitude 73 deg. 11' and 
approximate latitude 40 deg. 38\1/2\'.
    (iii) Atlantique--located at approximate longitude 73 deg. 10\1/2\' 
and approximate latitude 40 deg. 38\1/2\'.
    (iv) Fire Island Pines--located at approximate longitude 73 deg. 
04\1/2\' and approximate latitude 40 deg. 40'.
    (v) Water Island--located at approximate longitude 73 deg. 02' and 
approximate latitude 40 deg. 40\1/2\'.
    (vi) Davis Park--located at approximate longitude 73 deg. 00\1/2\' 
and approximate latitude 40 deg. 41'.
    (4) Aircraft operation in the vicinity of marinas, boats, boat 
docks, floats, piers, ramps, bird nesting areas, or bathing beaches must 
be performed with due caution and regard for persons and property and in 
accordance with any posted signs or uniform waterway markers.
    (5) Aircraft are prohibited from landing or taking off from any land 
surfaces, any estuary, lagoon, marsh, pond, tidal flat, paved surface, 
or any waters temporarily covering a beach; except with prior 
authorization of the Superintendent. Permission shall be based on the 
need for emergency service, resource protection, resource management or 
law enforcement.
    (6) Aircraft operations shall comply with all Federal, State and 
county ordinances and rules for operations as

[[Page 79]]

may be indicated in available navigation charts or other aids to 
aviation which are available for the Fire Island area.
    (c) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 
1024-0026. This information is being collected in order for the 
superintendent to issue permits and grant administrative benefits. The 
obligation to respond is required in order to obtain a benefit.

[42 FR 62483, Dec. 13, 1977, as amended at 44 FR 44493, July 30, 1979; 
47 FR 11011, Mar. 15, 1982; 50 FR 24511, June 11, 1985; 52 FR 7376, 
7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987]



Sec. 7.21  John D. Rockefeller, Jr. Memorial Parkway.

    (a) Snowmobiles. (1) For the purposes of this section, except as 
otherwise distinguished in paragraph (a)(5) of this section, the term 
``snowmobile'' includes ``snowplanes'', which are self-propelled 
vehicles intended for over-the-snow travel, having a curb weight of not 
more than 1000 pounds (450 kilograms), mounted on skis in contact with 
the snow, and driven by a pusher-propeller.
    (2) Designated routes to be open to snowmobile use:
    (i) The Ashton-Flagg Ranch Road between the western boundary of the 
Parkway and its junction with U.S. Highway 89-287.
    (ii) The unplowed portion of U.S. Highway 89-287 between Flagg Ranch 
and the south boundary of Yellowstone National Park.
    (3) The operation of a snowmobile which makes excessive noise is 
prohibited. Excessive noise for tracked snowmobiles is defined as noise 
that exceeds 78 decibels and for snowplanes noise that exceeds 86 
decibels. Snowplanes operated and registered in the parkway for the 
1970-1971 season are excepted. Measurements are made on the ``A'' 
weighted scale in intensity of a sound level meter measured at a 
distance of not less than 50 feet when the snowmobile or snowplane is 
being operated at or near full throttle.
    (b) [Reserved]

[48 FR 19169, Apr. 28, 1983, as amended at 48 FR 30294, June 30, 1983]



Sec. 7.22  Grand Teton National Park.

    (a) Aircraft--Designated airstrip. (1) Jackson Airport, located in 
SE\1/4\SE\1/4\ sec. 10, SE\1/4\ and S\1/2\SW\1/4\ sec. 11, S\1/2\ and 
NW\1/4\ sec. 14, NW\1/4\NE\1/4\ and E\1/2\ NE\1/4\ sec. 15, T. 42 N., R. 
116 W., 6th Principal Meridian.
    (2) [Reserved]
    (b) Fishing. (1) The following waters are closed to fishing: The 
Snake River for a distance of 150 feet below the downstream face of 
Jackson Lake Dam; Swan Lake; Sawmill Ponds; Hedrick's Pond; Christian 
Ponds; and Cottonwood Creek from the outlet of Jenny Lake downstream to 
the Saddle Horse Concession Bridge.
    (2) Fishing from any bridge or boat dock is prohibited.
    (3) Bait: The use or possession of fish eggs or fish for bait is 
prohibited, except it shall be permissible to possess or use the 
following dead, nongame fish for bait on or along the shores of Jackson 
Lake: Redside shiner, speckled dace, longnose dace, piute sculpin, 
mottled sculpin, Utah chub, Utah sucker, bluehead sucker, and mountain 
sucker. Authorized marine bait dealers at Jackson Lake may retain live 
bait fish in containers: Provided, That such fish have been taken from 
Jackson Lake or waters draining into Jackson Lake: And provided further, 
That such bait fish are dead when sold.
    (c) Stock grazing. (1) Privileges for the grazing of domestic 
livestock based on authorized use of certain areas at the time of 
approval of the Act of September 14, 1950 (64 Stat. 849, Pub. L. 787), 
shall continue in effect or shall be renewed from time to time, except 
for failure to comply with such terms and conditions as may be 
prescribed by the Superintendent in these regulations and after 
reasonable notice of default and subject to the following provisions of 
tenure:
    (i) Grazing privileges appurtenant to privately owned lands located 
within the park shall not be withdrawn until title to the lands to which 
such privileges are appurtenant shall have vested in the United States 
except for failure

[[Page 80]]

to comply with the regulations applicable thereto after reasonable 
notice of default.
    (ii) Grazing privileges appurtenant to privately owned lands located 
outside the park shall not be withdrawn for a period of twenty-five 
years after September 14, 1950, and thereafter shall continue during the 
lifetime of the original permittee and his heirs if they were members of 
his immediate family as described herein, except for failure to comply 
with the regulations applicable thereto after reasonable notice of 
default.
    (iii) Members of the immediate family are those persons who are 
related to and directly dependent upon a person or persons, living on or 
conducting grazing operations from lands, as of September 14, 1950, 
which the National Park Service recognized as base lands appurtenant to 
grazing privileges in the park. Such interpretation excludes mature 
children who, as of that date, were established in their own households 
and were not directly dependent upon the base lands and appurtenant 
grazing recognized by the National Park Service.
    (iv) If title to base lands lying outside the park is conveyed, or 
such base lands are leased to someone other than a member of the 
immediate family of the permittee as of September 14, 1950, the grazing 
preference shall be recognized only for a period of twenty-five years 
from September 14, 1950.
    (v) If title to a portion or part of the base land either outside or 
inside the park is conveyed or such base lands are leased, the new owner 
or lessee will take with the land so acquired or leased, such proportion 
of the entire grazing privileges as the grazing capacity in animal unit 
months of the tract conveyed or leased bears to the original area to 
which a grazing privilege was appurtenant and recognized. Conveyance or 
lease of all such base lands will automatically convey all grazing 
privileges appurtenant thereto.
    (vi) Grazing privileges which are appurtenant to base lands located 
either inside or outside the park shall not be conveyed separately 
therefrom.
    (2) Where no reasonable ingress or egress is available to permittees 
or nonpermittees who must cross Park lands to reach grazing allotments 
on non-Federal lands within the exterior boundary of the Park or 
adjacent thereto, the Superintendent will grant, upon request a 
temporary nonfee annual permit to herd stock on a designated driveway 
which shall specify the time to be consumed in each single drive. The 
breach of any of the terms or conditions of the permit shall be grounds 
for termination, suspension, or reduction of these privileges.
    (3) Grazing preferences are based on actual use during the period 
March 15, 1938 through September 14, 1950 and no increase in the number 
of animals or animal unit months will be allowed on Federal lands in the 
park.
    (4)(i) A permittee whose grazing privilege is appurtenant to 
privately owned lands within the park will be granted total nonuse or 
reduced benefits for one or more years without nullifying his privilege 
in subsequent years.
    (ii) A permittee whose privilege is appurtenant to base lands 
outside the park may be granted total nonuse on a year to year basis not 
to exceed three consecutive years. Total nonuse beyond this time may be 
granted if necessitated for reasons clearly outside the control of the 
permittee. Total unauthorized nonuse beyond three consecutive years will 
result in the termination and loss of all grazing privileges.
    (iii) Whenever partial or total non-use is desired, an application 
must be made in writing to the Superintendent.
    (5) Grazing fees shall be the same as those approved for the Teton 
National Forest and will be adjusted accordingly.
    (6) Permittees or nonpermittees who have stock on Federal lands 
within the park at any time or place, when or where herding or grazing 
is unauthorized may be assessed fifty cents per day per animal as 
damages.
    (7) The Superintendent may accept a written relinquishment or waiver 
of any privileges; however, no such relinquishment or waiver will be 
effective without the written consent of the owner or owners of the base 
lands.
    (8) Permits. Terms and conditions. The issuance and continued 
effectiveness of all permits will be subject, in

[[Page 81]]

addition to mandatory provisions required by Executive Order or law, to 
the following terms and conditions:
    (i) The permittee and his employees shall use all possible care in 
preventing forest and range fires, and shall assist in the extinguishing 
of forest and range fires on, or within, the vicinity of the land 
described in the permit, as well as in the preservation of good order 
within the boundaries of the park.
    (ii) The Superintendent may require the permittee before driving 
livestock to or from the grazing allotment to gather his livestock at a 
designated time and place for the purpose of counting the same.
    (iii) Stock will be allowed to graze only on the allotment 
designated in the permit.
    (iv) The permittee shall file with the Superintendent a copy of his 
stock brand or other mark.
    (v) The permittee shall, upon notice from the Superintendent that 
the allotment designated in the permit is not ready to be grazed at the 
beginning of the designated grazing season, place no livestock on the 
allotment for such a period as may be determined by the Superintendent 
as necessary to avoid damage to the range. All, or a portion of the 
livestock shall be removed from the area before the expiration of the 
designated grazing season if the Superintendent determines further 
grazing would be detrimental to the range. The number of stock and the 
grazing period may be adjusted by the Superintendent at any time when 
such action is deemed necessary for the protection of the range.
    (vi) No permit shall be issued or renewed until payment of all fees 
and other amounts due the National Park Service has been made. Fees for 
permits are due the National Park Service and must be paid at least 15 
days in advance of the grazing period. No permit shall be effective to 
authorize grazing use thereunder until all fees and other amounts due 
the National Park Service have been paid. A pro rata adjustment of fees 
will be made in the event of reduction of grazing privileges granted in 
the permit, except that not more than 50 percent of the total annual 
grazing fee will be refunded in the event reduced grazing benefits are 
taken at the election of the permittee after his stock are on the range.
    (vii) No building or other structure shall be erected nor shall 
physical improvements of any kind be established under the permit except 
upon plans and specifications approved by the National Park Service. Any 
such facilities, structures, or buildings may be removed or disposed of 
to a successor permittee within three months following the termination 
of the permit; otherwise they shall become the property of the United 
States without compensation therefor.
    (viii) The permittee shall utilize the lands covered by the permit 
in a manner approved and directed by the Superintendent which will 
prevent soil erosion thereon and on lands adjoining same.
    (ix) The right is reserved to adjust the fees specified in the 
permit at any time to conform with the fees approved for Teton National 
Forest, and the permittee shall be furnished a notice of any change of 
fees.
    (x) All livestock are considered as mature animals at six months of 
age and are so counted in determining animal unit months and numbers of 
animals.
    (xi) The Superintendent may prescribe additional terms and 
conditions to meet individual cases.
    (9) The breach of any of the terms or conditions of the permit shall 
be grounds for termination, suspension, or reduction of grazing 
privileges.
    (10) Appeals from the decision of the Superintendent to the Regional 
Director and from the Regional Director to the Director shall be made in 
accordance with the National Park Service Order No. 14, as amended (19 
FR 8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
    (11) Nothing in these regulations shall be construed as to prevent 
the enforcement of the provisions of the general rules and regulations 
and the special rules and regulations of the National Park Service or of 
any other provisions of said rules and regulations applicable to stock 
grazing.
    (d) Camping. (1) No person, party, or organization shall be 
permitted to camp more than 30 days in a calendar

[[Page 82]]

year in designated sites within the Park.
    (2) Except in group campsites and backcountry sites, camping is 
limited to six persons to a site.
    (3) Registration is required for camping at the Jenny Lake 
Campground; camping in this campground shall not exceed 10 days in any 
calendar year.
    (e) Vessels. (1) Motorboats are prohibited except on Jackson, Jenny, 
and Phelps Lakes. On Jenny Lake, motorboats are restricted to motors not 
in excess of 7\1/2\ horsepower. Additionally, on Jenny Lake, an 
authorized boating concessioner may operate motorboats under conditions 
specified by the Superintendent.
    (2) Hand-propelled vessels may be used on Jackson, Jenny, Phelps, 
Emma Matilda, Two Ocean, Taggart, Bradley, Bearpaw, Leigh, and String 
Lakes and on the Snake River, except within 1,000 feet of the downstream 
face of Jackson Lake Dam. All other waters are closed to boating.
    (3) Sailboats may be used only on Jackson Lake.
    (4) No person except an authorized concessioner shall moor or beach 
a vessel on the shore of a designated harbor area, except in an 
emergency.
    (f) Management of elk. The laws and regulations of the State of 
Wyoming shall govern elk management as associated with formal reduction 
programs. Such Wyoming laws and regulations which are now or will 
hereafter be in effect are hereby incorporated by reference as a part of 
the regulations in this part.
    (g) Snowmobiles. (1) For the purposes of this section, except as 
otherwise distinguished in paragraph (i)(6) of this section, the term 
``snowmobile'' includes ``snowplanes,'' which are self-propelled 
vehicles intended for over-the-snow travel, having a curb weight of not 
more than 1000 pounds (450 kilograms), mounted on skis in contact with 
the snow, and driven by a pusher-propeller.
    (2) Designated routes to be open to snowmobile use: The Spread Creek 
Road; the unplowed portion of the Pacific Creek Road; the unplowed 
portion of the Ditch Creek Road; the Lost Creek Ranch Road, those 
portions of the unplowed roads connecting with the Shadow (Antelope) 
Mountain Forest Service Road at Cunningham Cabin, Lost Creek Road and 
Antelope Flats Road; the unplowed portions of the Moose-Wilson Road; and 
the unplowed portion of the Teton Park Road north of Cottonwood Creek to 
a line of markers south of Timbered Island, around the east side of 
Timbered Island north to a line of markers at South Jenny Lake Junction, 
and then north to Signal Mountain Lodge, except during the period 
previous to opening of Potholes-Baseline Flats area when the Teton Park 
Road will be open through to Signal Mountain, the Jenny Lake Loop Road, 
the Spalding Bay Road, the String Lake Picnic Area Road, the Signal 
Mountain Summit Road, the Signal Mountain Launch Ramp Road, and the 
Lizard Creek Campground Road.
    (3) Designated area open to snowmobile use: The Potholes-Baseline 
Flats area east of the Teton Park Road north of Cottonwood Creek, north 
of the Bar BC access road, east of Timbered Island, west of the River 
Road or as marked at the top of the Snake River Bench, northwest of 
Timbered Island as marked to the Teton Park Road and bounded on the 
north by the RKO Road.
    (4) Designated water surface: The frozen surface of Jackson Lake.
    (5) The operation of a snowmobile which makes excessive noise is 
prohibited. Excessive noise for tracked snowmobiles is defined as noise 
that exceeds 78 decibels and for snowplanes noise that exceeds 86 
decibels. Snowplanes operated and registered in the park for the 1970-
1971 season are excepted. Measurements are made on the ``A'' weighted 
scale in intensity of a sound level meter measured at a distance of not 
less than 50 feet when the snowmobile or snowplane is being operated at 
or near full throttle.

[24 FR 11043, Dec. 30, 1959, as amended at 27 FR 9515, Sept. 26, 1962; 
32 FR 7772, May 27, 1967; 36 FR 16065, Aug. 19, 1971; 48 FR 19171, Apr. 
28, 1983; 48 FR 30294, June 30, 1983; 60 FR 13630, Mar. 14, 1995; 60 FR 
55791, Nov. 3, 1995]



Sec. 7.23  Badlands National Park.

    (a) Commercial vehicles. (1) Notwithstanding the prohibition of 
commercial

[[Page 83]]

vehicles set forth in Sec. 5.6 of this chapter, local commercial 
vehicles may operate on the park road between the Northeast entrance and 
the Interior entrance in accordance with the provisions of this section.
    (2) The term ``Local Commercial Vehicles'', as used in this section, 
will include the definition of ``commercial vehicle'' in Sec. 5.6(a), 
but specifically includes only those vehicles that originate from, or 
are destined to, the following U.S. Postal Service ZIP code areas:

Allen 57714
Belvedere 57521
Cottonwood 57775
Creighton 57729
Interior 57750
Kadoka 57543
Kyle 57752
Long Valley 57547
Owanka 57767
Philip 57567
Scenic 57780
Wall 57790
Wanblee 57577
Wasta 57791

    (3) The Superintendent may require a permit and establish terms and 
conditions in accordance with Sec. 1.6 of this chapter for the operation 
of local commercial vehicles on the park road between the park's 
Northeast and Interior entrances. The Superintendent may charge a fee 
for any permits issued to commercial vehicles in accordance with a fee 
schedule established annually.
    (4) The commercial transport on the park road between the Northeast 
and Interior entrances of any substance or combination of substances, 
including any hazardous substance, hazardous material, or hazardous 
waste that requires placarding, or any marine pollutant that requires 
marking, as defined in 49 CFR Subtitle B, is prohibited; except for 
local bulk deliveries of gasoline, fuel oil and LP gas; provided, 
however, that the Superintendent may issue permits for the 
transportation of such substance or combination of substances, including 
hazardous waste, in emergencies, and may issue permits when such 
transportation is necessary for access to lands within or adjacent to 
the park area to which access is otherwise not available as provided in 
36 CFR 5.6.
    (5) The operator of a motor vehicle transporting any hazardous 
substance, hazardous material, hazardous waste, or marine pollutant in 
accordance with a permit issued under this section, is not relieved in 
any manner from complying with all applicable regulations in 49 CFR 
Subtitle B, or with any other State or Federal laws and regulations 
applicable to the transportation of any hazardous substance, hazardous 
material, hazardous waste, or marine pollutant.
    (6) The transportation or use of oversize or overweight commercial 
vehicles on the park road between the Northeast and Interior entrances 
is prohibited; provided, however that the Superintendent may issue 
permits for transportation or use of such vehicles and may condition 
such permits on the use of special routes within the park in order to 
minimize impacts to park facilities and resources and also may issue 
permits when the transportation or use of such vehicles is necessary for 
access to lands within or adjacent to the park area to which access is 
otherwise not available as provided in 36 CFR 5.6.
    (7) Operating without, or violating a term or condition of, a permit 
issued in accordance with this section is prohibited. In addition, 
violating a term or condition of a permit may result in the suspension 
or revocation of the permit.
    (b) [Reserved]

[62 FR 2580, Jan. 17, 1997]



Sec. 7.24  Upper Delaware Scenic and Recreational River.

    Fishing. Fishing in any manner authorized under applicable State law 
is allowed.

[53 FR 3748, Feb. 9, 1988]



Sec. 7.25  Hawaii Volcanoes National Park.

    (a) Fishing--(1) Commercial fishing. Commercial fishing from 
parklands (above the high waterline) other than as provided for below is 
prohibited.
    (2) Nets. The use of nets in fishing from parklands (above the high 
waterline) except for throw nets, is prohibited.

[[Page 84]]

    (3) Kalapana extension area; special fishing privileges. (i) 
Pursuant to the act of June 20, 1938 (52 Stat. 781; 16 U.S.C. 391b and 
396a) Native Hawaiian residents of the villages adjacent to the Kalapana 
extension area added to the park by the above act and visitors under 
their guidance are granted the exclusive privileges of fishing or 
gathering seafood from parklands (above the high waterline) along the 
coastline of such extension area. These persons may engage in commercial 
fishing under proper State permit.
    (ii) For the purposes of this section, the term ``native Hawaiian'' 
means any descendent of not less than one-half part of the blood of the 
races inhabiting the Hawaiian Islands previous to 1778 (Act of June 20, 
1938; 52 Stat. 784; 16 U.S.C. 396a).
    (b) Backcountry registration. No person shall explore or climb about 
the lava tubes or pit craters in the park without first registering with 
the superintendent and indicating the approximate length of time 
involved in the exploration and the number of people in the party. This 
section does not apply to the maintained trail through Thruston Lava 
Tube, nor the maintained trail down and across Kilauea Iki pit crater.

[34 FR 9338, June 13, 1969, as amended at 48 FR 30295, June 30, 1983]



Sec. 7.26  Death Valley National Monument.

    (a) Mining. Mining in Death Valley National Monument is subject to 
the following regulations, which are prescribed to govern the surface 
use of claims therein:
    (1) The claim shall be occupied and used exclusively for mineral 
exploration and development and for no other purpose except that upon 
written permission of an authorized officer or employee of the National 
Park Service the surface of the claim may be used for other specified 
purposes, the use to be on such conditions and for such period as may be 
prescribed when permission is granted.
    (2) The owner of the claim and all persons holding under him shall 
conform to all rules and regulations governing occupancy of the lands 
within the National Monument.
    (3) The use and occupancy of the surface of mining claims as 
prescribed in paragraphs (a) (1) and (2) of this section shall apply to 
all such claims located after the date of the act of June 13, 1933 (48 
Stat. 139; 16 U.S.C. 447), within the limits of the National Monument as 
fixed by Proclamation No. 2028 of February 11, 1933, and enlarged by 
Proclamation No. 2228 of March 26, 1937, and to all mining claims on 
lands hereafter included in the National Monument, located after such 
inclusion, so long as such claims are within the boundaries of said 
Monument.
    (4) Prospectors or miners shall not open or construct roads or 
vehicle trails without first obtaining written permission from an 
authorized officer or employee of the National Park Service. 
Applications for permits shall be accompanied by a map or sketch showing 
the location of the mining property to be served and the location of the 
proposed road or vehicle trail. The permit may be conditioned upon the 
permittee's maintaining the road or trail in a passable condition as 
long as it is used by the permittee or his successors.
    (5) From and after the date of publication of this section, no 
construction, development, or dumping upon any location or entry, lying 
wholly or partly within the areas set forth in paragraphs (a)(5) (i) to 
(iii) of this section, shall be undertaken until the plans for such 
construction, development, and dumping, insofar as the surface is 
affected thereby, shall have been first submitted to and approved in 
writing by an authorized officer or employee of the National Park 
Service:
    (i) All land within 200 feet of the center-line of any public road.
    (ii) All land within the smallest legal subdivision of the public 
land surveys containing a spring or water hole, or within one quarter of 
a mile thereof on unsurveyed public land.
    (iii) All land within any site developed or approved for development 
by the National Park Service as a residential, administrative, or public 
campground site. Such sites shall include all land within the exterior 
boundaries thereof as conspicuously posted by the

[[Page 85]]

placing of an appropriate sign disclosing that the boundaries of the 
developed site are designated on a map of the site which will be 
available for inspection in the office of the Superintendent. If not so 
posted, such sites shall include all land within 1,000 feet of any 
Federally owned buildings, water and sewer systems, road loops, and camp 
tables and fireplaces set at designated camp sites.
    (b) Use of water. No works or water system of any kind for the 
diversion, impoundment, appropriation, transmission, or other use of 
water shall be constructed on or across Monument lands, including mining 
claims, without a permit approved by an authorized officer or employee 
of the National Park Service. Application for such permit shall be 
accompanied by plans of the proposed construction. The permit shall 
contain the following conditions: (1) No diversion and use of the water 
shall conflict with the paramount general public need for such water; 
(2) such water systems shall include taps or spigots at points to be 
prescribed by the Superintendent, for the convenience of the public; and 
(3) all appropriations of water, in compliance with the State water 
laws, shall be made for public use in the name of the United States and 
in accordance with instructions to be supplied by an authorized officer 
or employee of the National Park Service.
    (c) Permits. Application for any permit required by this section 
shall be made through the Superintendent of the Monument.
    (d) Filing of copies of mining locations. From and after the 
publication of this paragraph, in order to facilitate the administration 
of the regulations in this part, copies of all mining locations filed in 
the Office of the County Recorder shall be furnished to the office of 
the Superintendent, Death Valley National Monument, by the person filing 
the mining location in his own behalf or on behalf of any other person.
    (e) Aircraft. The following are designated as locations where the 
operation of aircraft is allowed:
    (1) Death Valley Airport, latitude 36 deg.27'50" N., longitude 
116 deg.52'50" W.
    (2) Stovepipe Wells Airport, latitude 36 deg.36'15" N., longitude 
117 deg.09'30" W.

[24 FR 11044, Dec. 30, 1959, as amended at 49 FR 18450, Apr. 30, 1984]



Sec. 7.27  Fort Jefferson National Monument.

    (a) Fishing. No species of coral, shells, shellfish, seafan, 
sponges, sea anemones or other forms of marine life found in the waters 
of the Monument, shall be taken or disturbed in any manner, except that 
fish, crawfish, and the common species of conch, may be taken in 
accordance with paragraphs (a) (2) to (7) of this section.
    (1) Protection of turtles. Sea turtles and terrapins, turtle or 
terrapin nests and their eggs shall not be taken, disturbed or molested 
at any time.
    (2) Crawfish (Panulirus argus), Florida Lobster, Langouste. 
    (i) The limit of catch of crawfish shall be two per person per day, 
except that the total for any one vessel having more than 12 persons 
aboard shall not exceed 25 crawfish.
    (ii) The taking or catching of crawfish for commercial purposes is 
prohibited at all times.
    (3) Conch (Strombus gigas). (i) The taking of Conchs shall be 
limited to the species (Strombus gigas), which is also known as Queen 
Conch or Pink Conch, and the limit per person, per day, is two Conch, 
except that the total for any vessel having more than 12 persons aboard 
shall not exceed twenty-five.
    (ii) The taking or catching of Conchs for commercial purposes is 
prohibited at all times.
    (4) Commercial fishing or shrimping or the taking of fish for the 
purpose of sale is prohibited in the area of the National Monument 
described as follows:

    Beginning at Pulaski Shoal Light at latitude 24 deg.41'36" N., 
longitude 82 deg.46'23" W., thence on a straight line to a point at 
latitude 24 deg.38'00" N., longitude 82 deg.48'00" W.; thence on a 
straight line to buoy ``N2'' at latitude 24 deg.37'23" N., longitude 
82 deg.49'48" W.; thence in a straight line to a buoy ``C1'' at latitude 
24 deg.35'35" N., longitude 82 deg.52'19" W.; thence in a straight line 
to buoy ``N8'' at latitude 24 deg.35'07" N., longitude 82 deg.54'07" W.; 
thence in a straight line to a buoy ``N2'' at latitude 24 deg.35'06" N., 
longitude 82 deg.55'53" W.; thence in a straight line to a buoy ``N10'' 
at latitude 24 deg.36'39" N., longitude 82 deg.52'27" W.;

[[Page 86]]

thence in a straight line to a point at latitude 24 deg.40'57" N., 
longitude 82 deg.54'16" W.; thence in a straight line to a point at 
latitude 24 deg.41'50" N., longitude 82 deg.53'10" W.; thence in a 
straight line to a point at latitude 24 deg.42'22" N., longitude 
82 deg.51'50" W.; thence in a straight line to a point at latitude 
24 deg.42'53" N., longitude 82 deg.49'34" W.; thence in a straight line 
to a point at latitude 24 deg.42'44" N., longitude 82 deg.48'20" W.; and 
thence in a straight line to the point of beginning at Pulaski Shoal 
Light.

    (5)(i) The taking of live bait in the area described in paragraph 
(a)(4) of this section is prohibited, except that minnows or 
``pilchers'' may be taken by sports fishermen by a cast net not to 
exceed 12 feet in diameter, or by hook and line, and that possession is 
limited to one day's supply.
    (ii) No bait shall be taken for the purpose of sale.
    (6) Closed waters: Marine life shall not be disturbed or taken from 
the moat or from waters within 500 feet of the moat wall at Garden Key, 
or from the cove bounded by Garden, Bush, and Long Keys north of the 5-
foot channel, except that sport fishing in deep water channels and from 
any pier within that area is permitted.
    (7) The use or possession of spears, gigs, or grains, within the 
boundaries of the National Monument, is prohibited at all times.
    (b) Designated anchorage. All vessels entering Tortugas Harbor in 
the vicinity of Garden Key shall anchor only in the designated anchorage 
area of Bird Key Harbor southwest of Garden Key, which is designated 
Anchorage Area 202.190 on U.S. Coast and Geodetic Survey Chart No. 585, 
except that passenger-carrying vessels and yachts carrying visitors to 
historic Fort Jefferson may discharge passengers at the main docking 
area of Garden Key and may moor to the piers and anchor in the channel, 
harbor, or lagoons in the vicinity of Garden Key for not more than an 
eight hour period between sunrise and sunset by permission from the 
Superintendent or his representative.
    (c) Aircraft; designated landing areas. Aircraft may be landed in 
the waters within a radius of 1 nautical mile of the Fort situated at 
Garden Key, but approaches, landings, and takeoffs shall not be made 
within 300 yards of Bush Key. Seaplanes may be moored or brought up on 
land only on the beach north of the main pier at Garden Key. Helicopters 
may land at the helipads on the coaling docks.

[25 FR 7102, July 27, 1960, as amended at 29 FR 6155, May 9, 1964; 33 FR 
3227, Feb. 21, 1968]



Sec. 7.28  Olympic National Park.

    (a) Fishing--(1) General Provisions. All waters within Olympic 
National Park are open to fishing in conformance with those seasons and 
limits published annually by the Washington State Department of Game and 
the Washington State Department of Fisheries applicable in the same 
watershed in adjoining counties, except as provided for below.
    (i) Possession limit. This shall be the same as the daily limit for 
all species; Provided however, it is lawful to possess four steelhead 
over 20 inches regardless of weight. In the Queets River and tributaries 
the summer season possession limit is two steelhead over 20 inches.
    (ii) General summer season. Daily steelhead catch limit shall not 
exceed two fish, Provided however:
    (A) The Queets River and tributaries shall have a summer season 
daily limit of one steelhead over 20 inches in length.
    (B) The Quinault River is closed to the taking of steelhead all year 
above the confluence of the North and East Forks, but is open in its 
entirety during the general summer season to the taking of two rainbow 
trout with a minimum six of 10 inches and maximum size of 20 inches.
    (2) Salmon Fishing. Salmon fishing is permitted on the following 
park waters, exclusive of tributaries, when adjacent State waters are 
open:

Dickey River.
Hoh River below confluence of South Fork.
Kalaloch Creek.
Ozette River.
Queets River below Tshletshy Creek.
Quillayute River.
Quinault River below the bridge connecting North Fork and Graves Creek 
Roads.
Salmon River.


Seasons and bag limits shall be established annually after consultation 
with the State and any affected Indian tribe.
    (3) Conservation waters. After consultation with the State and, 
where appropriate, the concerned Indian tribe,

[[Page 87]]

the superintendent may, by local publication and conspicuous posting of 
signs, alter the season and change daily limits for spawning, 
conservation or research purposes.
    (4) Closed waters. That portion of the Morse Creek watershed within 
the park (except Lake Angeles and P.J. Lake) and that section of 
Kalaloch Creek which is used as domestic water supply (as posted) are 
closed to fishing. Fishing from boats is prohibited on the Hoh River 
upstream from the South Fork Hoh boat launch.
    (5) Fishing gear. Fishing with a line, gear or tackle having more 
than two spinners, spoons, blades, flashers, or like attractions, or 
with more than one rudder, or more than two hooks (single, double, or 
treble barbed) attached to such line, gear, or tackle, is prohibited.
    (6) Bait. The use of nonpreserved fish eggs is permitted.
    (7) License. A license to fish in park waters is not required; 
however, an individual fishing for steelhead or salmon in park waters, 
except treaty Indians fishing in the exercise of rights secured by 
treaties of the United States, shall have in his/her possession a State 
of Washington punch card for the species being sought. Steelhead and 
salmon shall be accounted for on these cards as required by State 
regulations.
    (8) Indian treaty fishing. (i) Subject to the limitations set forth 
below, all waters within the Olympic National Park which have been 
adjudicated to be usual and accustomed fishing places of an Indian 
tribe, having treaty-secured off-reservation fishing rights, are open to 
fishing by members of that tribe in conformance with applicable tribal 
or State regulations conforming to the orders of the United States 
District Court.
    (ii) Identification cards and tags. Members of the tribes having 
treaty-secured fishing rights shall carry identification cards 
conforming to the requirements prescribed by the United States District 
Court and issued either by the Bureau of Indian Affairs or the 
applicable tribe when fishing in accordance with the tribe's reserved 
treaty fishing right. Such persons shall produce said card for 
inspection upon request of a National Park Service enforcement officer. 
A tribally issued identification tag shall be attached to any unattended 
fishing gear in park waters.
    (iii) Conservation closures and catch limits. The superintendent may 
close a stream or any portion thereof to Indian treaty fishing or limit 
the number of fish that may be taken when it is found either that it is:
    (A) Reasonable and necessary for the conservation of a run as those 
terms are used by the United States District Court to determine the 
permissible limitations on the exercise of Indian treaty rights; or
    (B) Necessary to secure the proper allocation of harvest between 
Indian treaty fisheries and other fisheries as prescribed by the court.
    (iv) Catch reports. Indian fishermen shall furnish catch reports in 
such form as the superintendent, after consultation with the applicable 
tribe, shall have prescribed.
    (v) Prohibition of fish cultural activities. No fish cultural, 
planting, or propagation activity shall be undertaken in park waters 
without prior written permission of the superintendent.
    (vi) Applicability of other park regulations. Indian treaty fishing 
shall be in conformity with National Park Service general regulations in 
parts 1-6 of this chapter.
    (b) Boating. All vessels are prohibited on park waters except as 
provided below:
    (1) Hand propelled vessels and sailboats are permitted on park 
waters except the following:

Dosewalips River.

    (2) Motorboats are permitted on the following waters:

Lake Crescent.
Lake Cushman.
Lake Mills.
Dickey River in coastal strip.
Hoh River in coastal strip.
Quillayute River in coastal strip.
Quinault River below the bridge connecting North Fork and Graves Creek 
Roads.

    (c) Dogs and cats. Dogs (except guide dogs) and cats are prohibited 
on any park land or trail, except on designated park roads and parking 
areas or within one-quarter mile of an established automobile campground 
or concessioner overnight facility.
    (d)  [Reserved]

[[Page 88]]

    (e) Privately owned lands--(1) Water supply and sewage disposal 
systems. The provisions of this paragraph apply to the privately owned 
lands within Olympic National Park. The provisions of this paragraph do 
not excuse compliance by eating, drinking, or lodging establishments 
with Sec. 5.10 of this chapter.
    (i) Facilities. (a) Subject to the provisions of paragraph 
(e)(1)(iii) of this section, no person shall occupy any building or 
structure, intended for human habitation or use, unless such building is 
served by water supply and sewage disposal systems that comply with the 
standards prescribed by the State and county laws and regulations 
applicable in the county within whose exterior boundaries such building 
is located.
    (b) No person shall construct, rebuild or alter any water supply or 
sewage disposal system without a written permit issued by the 
Superintendent. The Superintendent will issue such permit only after 
receipt of written notification from the appropriate Federal, State, or 
county officer that the plans for such system comply with the State or 
county standards. There shall be no charge for such permits. Any person 
aggrieved by an action of the Superintendent with respect to any such 
permit or permit application may appeal in writing to the Director, 
National Park Service, U.S. Department of the Interior, Washington, DC 
20240.
    (ii) Inspections. (a) The appropriate State or county officer, the 
Superintendent, or their authorized representatives or an officer of the 
U.S. Public Health Service, may inspect any water supply or sewage 
disposal system, from time to time, in order to determine whether such 
system complies with the State and county standards: Provided, however, 
That inspection shall be made only upon consent of the occupant of the 
premises or pursuant to a warrant.
    (b) Any water supply or sewage disposal system may be inspected 
without the consent of the occupant of the premises or a warrant if 
there is probable cause to believe that such system presents an 
immediate and severe danger to the public health.
    (iii) Defective systems. (a) If upon inspection, any water supply 
system or sewage disposal system is found by the inspecting officer not 
to be in conformance with applicable State and county standards, the 
Superintendent will send to the ostensible owner and/or the occupant of 
such property, by certified mail, a written notice specifying what steps 
must be taken to achieve compliance. If after 1 year has elapsed from 
the mailing of such written notice the deficiency has not been 
corrected, such deficiency shall constitute a violation of this 
regulation and shall be the basis for court action for the vacation of 
the premises.
    (b) If upon inspection, any water supply or sewage disposal system 
is found by the inspecting officer not to be in conformance with 
established State and county standards and it is found further that 
there is immediate and severe danger to the public health or the health 
of the occupants or users, the Superintendent shall post appropriate 
notices at conspicuous places on such premises, and thereafter, no 
person shall occupy or use the premises on which the system is located 
until the Superintendent is satisfied that remedial measures have been 
taken that will assure compliance of the system with established State 
and county standards.
    (2) State forest practice laws. Any person, firm, or corporation 
harvesting or cutting timber on privately owned lands within that 
portion of Olympic National Park over which jurisdiction has been ceded 
by the State of Washington to the United States of America shall comply 
with the standards concerning forest practices established from time to 
time by or pursuant to the laws of the State of Washington which would 
apply to such operations if they were not being conducted in Olympic 
National Park and personnel of the Park will consult and cooperate with 
State officials in the administration of this regulation. Although 
forest practices standards established from time to time by or pursuant 
to the laws of the State of Washington shall apply, no person, firm, or 
corporation harvesting timber, on such privately owned lands shall be 
required to obtain permits or licenses from, or pay fees to, the State 
of Washington or its political subdivisions in connection with the 
harvesting or cutting of timber on such

[[Page 89]]

lands. Prior to the initiation of harvesting or cutting of timber on 
privately owned lands over which jurisdiction has been ceded to the 
United States, such operations shall be registered with the 
Superintendent of Olympic National Park.
    (3) Conflict with Federal laws. If the standards established from 
time to time by or pursuant to the laws of the State of Washington, 
specified in paragraphs (e) (1) and (2) of this section, are lower than 
or conflict with any established by Federal laws or regulations 
applicable to privately owned lands within Olympic National Park, the 
latter shall prevail.
    (f) Snowmobile use. (1) The use of snowmobiles is prohibited except 
in areas and on routes designated by the superintendent by the posting 
of appropriate signs or by marking on a map available at the office of 
the superintendent, or both. The following routes have been designated 
for snowmobile use within Olympic National Park:
    (i) Staircase Road from the park boundary to the Staircase Ranger 
Station.
    (ii) Whiskey Bend Road from the function of the Elwha Road to the 
Whiskey Bend trailhead.
    (iii) Boulder Creek Road from Glines Canyon Dam to the end of the 
road.
    (iv) North Fork Quinault Road from the end of the plowed portion to 
the North Fork Ranger Station.
    (v) South Shore Road from the end of the plowed portion to the 
Graves Creek Ranger Station.
    (2) [Reserved]

[24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34 
FR 6331, Apr. 10, 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Sept. 
5, 1970; 46 FR 37896, July 23, 1981; 47 FR 54930, Dec. 7, 1982; 48 FR 
1488, Jan. 13, 1983; 48 FR 30295, June 30, 1983]



Sec. 7.29  Gateway National Recreation Area.

    (a) Operation of motor vehicles. The operation of motor vehicles, 
other than authorized emergency vehicles, is prohibited outside of 
established public roads and parking areas, except on beaches and 
oversand routes designated by the Superintendent by the posting of 
appropriate signs and identified on maps available at the office of the 
Superintendent. These beaches and routes will be designated after 
consideration of the criteria contained in sections 3 and 4 of E.O. 
11644, (37 FR 2877) and Sec. 4.10(b) of this chapter.
    (b) Off-road vehicle operation. (1) Operation of motor vehicles, 
(including the various forms of vehicles used for travel oversand, such 
as but not limited to, ``beach buggies'') on beaches or on designated 
oversand routes without a permit from the Superintendent is prohibited. 
Before a permit will be issued, each vehicle will be inspected to assure 
that it contains the following equipment which must be carried in the 
vehicle at all times while on the beaches or on the designated oversand 
routes:
    (i) Shovel;
    (ii) Jack;
    (iii) Tow rope or chain;
    (iv) Board or similar support;
    (v) Low pressure tire gauge.

Prior to the issuance of such permits, operators must show compliance 
with Federal and State regulations and applicable to licensing, 
registering, inspecting, and insuring of such vehicles. Such permits 
shall be affixed to the vehicles as instructed at the time of issuance.
    (2) Driving off designated, marked oversand routes or beaches is 
prohibited.
    (3) Vehicles shall not be parked in designated oversand routes or 
interfere with moving traffic.
    (4) When the process of freeing a vehicle which has been stuck 
results in ruts or holes, the ruts or holes shall be filled by the 
operator of such vehicle before it is removed from that area.
    (5) The operation of a motorcycle on an oversand vehicle route or 
beach is prohibited.
    (6) The Superintendent may establish limits on the number of 
oversand vehicles permitted on designated oversand routes and beaches 
when such limitations are necessary in the interest of public safety, 
protection of the ecological and environmental values of the area, 
coordination with other visitor uses.
    (c) Public lewdness. Section 245.00 of the New York Penal Code is 
hereby

[[Page 90]]

adopted and incorporated into the regulations of this part. Section 
245.00 provides that:
    A person is guilty of public lewdness when he intentionally exposes 
the private and intimate parts of his body in a lewd manner or commits 
any other lewd act (a) in a public place, or (b) in private premises 
under circumstances in which he may readily be observed from either a 
public place or from other private premises, and with intent that he be 
so observed.

[41 FR 19220, May 11, 1976, as amended at 44 FR 44157, July 27, 1979; 52 
FR 10686, Apr. 2, 1987]



Sec. 7.30  Devils Tower National Monument.

    (a) Climbing. Registration with a park ranger is required prior to 
any climbing above the talus slopes on Devils Tower. The registrant is 
also required to sign in immediately upon completion of a climb in a 
manner specified by the registering ranger.

[42 FR 20462, Apr. 20, 1977]



Sec. 7.31  Perry's Victory and International Peace Memorial.

    Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow, and depending on local weather conditions, the 
superintendent may permit the use of snowmobiles on that portion of land 
situated between State Route 357 and the seawall which designates the 
north boundary of the Memorial. This route will extend from the extreme 
northeast corner of the boundary to the middle of the intersection of 
State Route 357 and Toledo Avenue.

[47 FR 55392, Dec. 9, 1982]



Sec. 7.32  Pictured Rocks National Lakeshore.

    (a) Snowmobiles. (1) Snowmobile use is permitted on designated 
portions of roadways and lakes in Pictured Rocks National Lakeshore. The 
designated routes for snowmobiles will be confined to the frozen waters 
of Lake Superior, Grand Sable Lake, on the major lakeshore visitor use 
roads that are unplowed, or on road shoulders of plowed park roads in 
conformance with State law. The designated snowmobile routes are:
    (i) The Sand Point Road from the park boundary to Lake Superior.
    (ii) The woodlands road from the park boundary off City Limits Road 
southwest to Becker Farm and down to the Sand Point Road.
    (iii) The road to Miner's Falls, Miner's Castle parking area, and 
the Miner's Beach parking area.
    (iv) The road from the park boundary in section 32, T48N, R17W, to 
the end of the road to Chapel Falls.
    (v) The road from Country Road H-58 at the park boundary to the 
Little Beaver Lake Campground.
    (vi) The road from County Road H-58 to the Twelvemile Beach 
Campground.
    (vii) The road from County Road H-58 to the Hurricane River 
Campground.
    (viii) The road from County road H-58 to the Log Slide.
    (ix) The section of Michigan Dimension Road from the park boundary 
to the Log Slide.
    (x) The frozen waters of Lake Superior and Grand Sable Lake.
    (2) Maps showing designated routes shall be available at park 
headquarters and at ranger stations.
    (3) Snowmobile use outside designated routes is prohibited. The 
prohibition shall not apply to emergency administrative travel by 
employees of the National Park Service or law enforcement agencies.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (c) Hunting. The following lakeshore areas are closed to hunting:
    (1) Sand Point area. All that portion of Sand Point described as the 
area below the top of the bluff in Sections 19 and 30, T47N, R18W, and 
that area situated within the corporate limits of the City of Munising, 
including the Sand Point Road.
    (2) Developed public use areas. (i) The area within 150 yards of any 
campsite located within the Little Beaver, Twelvemile Beach, and 
Hurricane River Campgrounds.
    (ii) The area within 150 yards of the Miners Castle overlooks, paved 
walkways and vehicle parking lot. Also 100 feet from the centerline of 
the paved Miners Castle Road and the area within 100 feet of Miners 
Falls parking lot, trail and associated platforms.
    (iii) The area within 100 feet of: the Chapel Falls parking lot; the 
Little

[[Page 91]]

Beaver backpacker parking lot; the Twelvemile Beach picnic area parking 
lot; the Log Slide parking lot, platforms and walkways; the Grand Sable 
Lake picnic area and parking lot; the Grand Sable Lake boat launch and 
parking lot; the Grand Sable Lake overlook parking lot.
    (iv) The area within 150 yards of any structure at the Au Sable 
Light Station, and within 100 feet of the trail between the lower 
Hurricane River Campground and the light station.
    (v) The area within 150 yards of the Sable Falls parking lot and 
building, including the viewing platforms and associated walkway system 
to the mouth of Sable Creek. Also included is the area 100 feet from the 
centerline of the paved Sable Falls Road.
    (vi) The area within 150 yards of: the Grand Sable Visitor Center 
parking lot and barn; the structures comprising the Grand Marais 
quarters and maintenance facility.
    (vii) The 8.6 acre tract comprising structures and lands 
administered by the National Park Service on Coast Guard Point in Grand 
Marais.
    (3) Hunting season. Hunting is prohibited parkwide during the period 
of April 1 through Labor Day.

[47 FR 54932, Dec. 7, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 60 
FR 47703, Sept. 14, 1995]



Sec. 7.33  Voyageurs National Park.

    (a) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (b) Snowmobiles. (1) The following lakes and trails within Voyageurs 
National Park are open to snowmobile use:
    (i) The frozen waters of Rainy, Kabetogama, Namakan, Mukooda, Little 
Trout and Sand Point Lakes.
    (ii) The Moose River Railroad Grade from the park boundary north to 
Ash River, and then east to Moose Bay, Namakan Lake.
    (iii) The portage trail between Grassy Bay and Little Trout Lake.
    (iv) The Chain of Lakes Trail from its intersection with the Black 
Bay to Moose Bay portage, across Locator, War Club, Quill, Loiten, and 
Shoepack Lakes, to Kabetogama Lake.
    (2) Snowmobile use is allowed across the following marked safety 
portages: Black Bay to Moose Bay, Lost Bay to Saginaw Bay, Laurins Bay 
to Kettle Falls, Squirrel Narrows, Squaw Narrows, Grassy Bay, Namakan 
Narrows, Swansons Bay, Mukooda Lake to Sand Point Lake (north), Mukooda 
Lake to Sand Point Lake (south), Mukooda Lake to Crane Lake, Tar Point, 
Kohler Bay, and Sullivan Bay to Kabetogama Lake.
    (3) The Superintendent may determine yearly opening and closing 
dates for snowmobile use, and temporarily close trails or lake surfaces, 
taking into consideration public safety, wildlife management, weather, 
and park management objectives.
    (4) Maps showing the designated routes are available at park 
headquarters and at ranger stations.
    (5) Snowmobile use outside open designated routes and lake surfaces 
is prohibited.
    (c) Aircraft. (1) Aircraft may be operated on the entire water 
surface and frozen lake surface of the following lakes, except as 
restricted in paragrah (c)(4) of this section and Sec. 2.17 of this 
chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club, 
Quill, Loiten, Shoepack, Little Trout and Mukooda.
    (2) Approaches, landings and take-offs shall not be made within 500 
feet of any developed facility, boat dock, float, pier, ramp or beach.
    (3) Aircraft may taxi to and from a dock or ramp designated for 
their use for the purpose of mooring and must be operated with due care 
and regard for persons and property and in accordance with any posted 
signs or waterway markers.
    (4) Areas within the designated lakes may be closed to aircraft use 
by the Superintendent taking into consideration public safety, wildlife 
management, weather and park management objectives.

[49 FR 18450, Apr. 30, 1984, as amended at 56 FR 3421, Jan. 30, 1991; 60 
FR 39258, Aug. 2, 1995]



Sec. 7.34  Blue Ridge Parkway.

    (a) Snowmobiles. After consideration of any special situations, i.e. 
prescheduled or planned park activities

[[Page 92]]

such as conducted hikes or winter bird and wildlife counts, and 
depending on local weather conditions, the Superintendent may allow the 
use of snowmobiles on the paved motor road and overlooks used by motor 
vehicle traffic during other seasons between U.S. 220, Milepost 121.4 
and Adney Gap, Milepost 136.0. The public will be notified of openings 
through the posting of signs.
    (b) Fishing. (1) Fishing is prohibited from one-half hour after 
sunset until one-half hour before sunrise.
    (2) Fishing from the dam at Price Lake or from the footbridge in 
Price Lake picnic area in Watauga County, N.C., and from the James River 
Parkway Bridge in Bedford and Amherst Counties, Va., is prohibited.
    (3) The following waters are subject to the restrictions indicated:
    (i) North Carolina. Basin Creek and its tributaries in Doughton 
Park; Trout Lake in Moses H. Cone Memorial Park; Ash Bear Pen Pond, 
Boone Fork River, Cold Prong Branch, Laurel Creek, Sims Creek, Sims Pond 
in Julian Price Memorial Park, and Camp Creek.
    (A) On all of the above-designated waters in North Carolina the use 
of bait other than artificial lures having a single hook is prohibited, 
except that on Basin Creek and its tributaries and Boone Fork River from 
Price Lake Dam downstream to the Parkway boundary the use of bait other 
than single hook artificial flies is prohibited.
    (B) On all of the above-designated waters in North Carolina the 
daily creel and size limits shall be posted around the lake shorelines 
and along the stream banks.
    (ii) Virginia. Peaks of Otter Lake in Bedford County, Va.
    (A) On the above-designated water in Virginia the use of bait other 
than artificial lures having one single hook is prohibited.
    (B) On the above-designated water in Virginia the daily creel and 
size limits shall be as posted on the lake shoreline.
    (4) Prohibited bait in waters in paragraphs (b)(3) (i) and (ii) of 
this section: Possession of or use as bait of insects, worms, and other 
similar organic bait or parts thereof adjacent to, on, or in streams or 
lakes while in possession of fishing tackle, is prohibited.
    (c) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (d) Boating. (1) The use of any vessel, as defined in Sec. 3.1 of 
this chapter on the waters of the Blue Ridge Parkway is prohibited 
except on the waters of Price Lake.
    (2) Vessels using Price Lake shall be restricted to vessels 
propelled solely by oars or paddles.
    (3) Vessels using Price Lake may be launched only at established or 
designated ramps and shall be removed from the water for the night. 
Campers shall remove their vessels from the water to their campsites at 
night.

[24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969; 
36 FR 20945, Nov. 2, 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, 
Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR 30295, June 30, 1983; 49 
FR 18450, Apr. 30, 1984; 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, 
1987]



Sec. 7.35  Buffalo National River.

    (a) Fishing. (1) Unless otherwise designated by the Superintendent, 
fishing in a manner authorized under applicable State law is allowed.
    (2) The Superintendent may designate times when and locations where 
and establish conditions under which the digging of bait for personal 
use is allowed.
    (3) The Superintendent may designate times when and locations where 
and establish conditions under which the collection of terrestrial and 
aquatic insects for bait for personal use is allowed.
    (4) Violating a designation or condition established by the 
Superintendent is prohibited.
    (b) Frogs, Turtles and Crayfish. (1) The Superintendent may 
designate times and locations and establish conditions governing the 
taking of frogs, turtles and crayfish for personal use.
    (2) Violating a designation or condition established by the 
Superintendent is prohibited.
    (c) Motorized Vessels. (1) Except for a vessel propelled by a 
gasoline, diesel or

[[Page 93]]

other internal combustion engine with a rating of 10 horsepower or less, 
operating a motorized vessel from Erbie Ford to the White River is 
prohibited.
    (2) Operating a vessel propelled by a motor is prohibited above 
Erbie Ford.
    (3) The provisions of paragraph (c) do not apply to a vessel 
operated for official use by an agency of the United States, the State 
of Arkansas or one of its political subdivisions.

[52 FR 19343, May 22, 1987]



Sec. 7.36  Mammoth Cave National Park.

    (a) Fishing--(1) General. Trot and throw lines shall contain hooks 
which are spaced at least 30 inches apart.
    (2) Seines. (i) The use of seines is permitted only in the following 
runs and creeks to catch minnows and crawfish for bait: Bylew, First, 
Second, Pine, Big Hollow, Buffalo, Ugly, Cub, Blowing Spring, Floating 
Mill Branch, Dry Branch, and Mill Branch.
    (ii) Seines shall not exceed 4  x  6 feet and the mesh shall not be 
larger than one-quarter inch.
    (3) Live bait. (i) Worms are the only form of live bait which may be 
used in the Sloans Crossing Pond (also known as Beaver Pond), Green 
Pond, Doyle Pond, and First Creek Lake. Live minnows and worms may be 
used in all other waters.
    (ii) [Reserved]
    (b)(1) Cave entry. Except for those portions of the caves open to 
the general public, no person shall enter any cave within the boundaries 
of the park without first obtaining a permit from the Superintendent. 
Permits will be issued to persons who are qualified and experienced in 
cave exploration, who possess the needed equipment for safe entry and 
travel, and who are engaged in scientific research projects which in the 
opinion of the Superintendent are compatible with the purpose for which 
the park was established.
    (2) Persons on guided cave tours must stay on the established 
designated trails and remain with the guides and tour group at all 
times. Exploration of side passages, going ahead of the lead guide and 
tour group or dropping behind the following guide or tour group is 
prohibited.
    (3) Persons on ``self-guided'' or ``semi-guided'' cave tours must 
stay in the established, designated trails at all times. Exploration of 
side passages or taking alternate routes is prohibited.

[36 FR 506, Jan. 14, 1971, as amended at 42 FR 31454, June 21, 1977; 48 
FR 30295, June 30, 1983]



Sec. 7.37  Jean Lafitte National Historical Park.

    (a) Fishing. (1) Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (2) Within the Barataria Marsh unit, the superintendent may 
designate times and locations and establish conditions governing the 
taking of crayfish upon a written determination that the taking of 
crayfish:
    (i) Is consistent with the purposes for which the unit was 
established; and
    (ii) Will not be detrimental to other park wildlife or the 
reproductive potential of the species to be taken; and
    (iii) Will not have an adverse effect on the ecosystem.
    (3) Violation of established conditions or designations for the 
taking of crayfish is prohibited.

[49 FR 18450, Apr. 30, 1984]



Sec. 7.38  Isle Royale National Park.

    (a) Aircraft, designated landing areas. (1) The portion of Tobin 
Harbor located in the NE\1/4\ of sec. 4, T. 66 N., R. 33 W.; the SE\1/4\ 
of sec. 33, T. 67N., R. 33 W., and the SW\1/4\ of sec. 34, T. 67 N., R. 
33 W.
    (2) The portion of Rock Harbor located in the SE\1/4\ of sec. 13, 
the N\1/2\ of sec. 24, T. 66 N., R. 34 W., and the W\1/2\ of sec. 18, T. 
66 N., R. 33 W.
    (3) The portion of Washington Harbor located in the N\1/2\ of sec. 
32, all of sec. 29, SE\1/4\ of sec. 30, and the E\1/2\ of sec. 31, T. 64 
N., R. 38 W.
    (b) Underwater diving. No person shall undertake diving in the 
waters of Isle Royale National Park with the aid of underwater breathing 
apparatus without first registering with the Superintendent.
    (c) Mammals. Dogs, cats, and other mammals may not be brought into 
or possessed in the park area, except for guide dogs accompanying the 
blind.

[35 FR 7793, May 21, 1970, as amended at 42 FR 21777, Apr. 29, 1977]

[[Page 94]]



Sec. 7.39  Mesa Verde National Park.

    (a) Visiting of cliff dwellings is prohibited except when persons 
are accompanied by a uniformed National Park Service employee. However, 
the Superintendent may issue special written permits to persons engaged 
in scientific investigations authorizing such persons to visit the cliff 
dwellings without escort. The Superintendent shall approve issuance of a 
permit provided:
    (1) That the investigation plan proposed, in purpose and in 
execution, is compatible with the purposes for which the park was 
established;
    (2) That the investigation proposed will not jeopardize the 
preservation of park resources;
    (3) That the study undertaken will have demonstrable value to the 
National Park Service in its management or understanding of park 
resources; and
    (4) That the permit applicants are adequately experienced and 
equipped so as to insure that the objectives of paragraphs (a) (1), (2), 
and (3) of this section will be obtained.
    (b) Hiking is permitted only on trails designated for that purpose 
by the Superintendent by the posting of appropriate signs or by marking 
on a map which shall be available for inspection by the public at park 
headquarters and other convenient locations within the park. Persons 
hiking on the Pictograph Point or Spruce Canyon Trails must register in 
advance with the Superintendent.
    (c) Commercial automobiles and buses. The prohibition against the 
admission of commercial automobiles and buses to Mesa Verde National 
Park, contained in Sec. 5.4 of this chapter shall be subject to the 
following exceptions: Motor vehicles operated on an infrequent and 
nonscheduled tour on which the visit to the park is an incident to such 
tour, carrying only round trip passengers traveling from the point of 
origin of the tour, will be accorded admission to the park upon 
establishing to the satisfaction of the Superintendent that the tour 
originated from such place and in such manner as not to provide, in 
effect, a regular and duplicating service conflicting with, or in 
competition with, the services provided for the public pursuant to 
contract authorization with the Secretary.

[24 FR 11049, Dec. 30, 1959, as amended at 37 FR 23334, Nov. 2, 1972]



Sec. 7.40  Hopewell Village National Historic Site.

    (a) Fishing. (1) Fishing between sunset and sunrise is prohibited.

[24 FR 11049, Dec. 30, 1959, as amended at 33 FR 3227, Feb. 21, 1968]



Sec. 7.41  Big Bend National Park.

    (a) Fishing; closed waters. Special ponds and springs reserved for 
species of rare fish are closed to fishing and bait collecting. The 
taking or release of any form of fish life in these ponds or springs is 
prohibited except by special authorization by the Superintendent. These 
ponds and springs will be posted as closed to fishing and bait 
collecting and molestation.
    (b) Fishing; method. (1) Fishing with pole and line, rod and reel, 
and trot and throw line is permitted all year from the United States 
side of the Rio Grande.
    (2) Use of seine. The use of seines and nets is prohibited except 
minnow seines no greater than 20 feet in length may be used for taking 
of minnows for bait.
    (c) Fishing; limit of catch. The limit of catch per person per day 
or in possession shall be 25 fish, except that minnows caught for bait 
shall not be accountable for the purpose of this section.

[24 FR 11049, Dec. 30, 1959, as amended at 27 FR 8616, Aug. 29, 1962; 52 
FR 10686, Apr. 2, 1987]



Sec. 7.42  Pipestone National Monument.

    (a) An American Indian desiring to quarry and work ``catlinite'' 
pipestone shall first secure a permit from the Superintendent. The 
Superintendent shall issue a permit to any American Indian applicant, 
Provided, that: (1) In the judgment of the Superintendent, the number of 
permittees then quarrying or working the pipestone is not so large as to 
be inconsistent with preservation of the deposit and (2) a suitable area 
is available for conduct of the operation. The permit shall be issued 
without charge and shall be valid only

[[Page 95]]

during the calendar year in which it is issued.
    (b) An American Indian desiring to sell handicraft products produced 
by him, members of his family, or by other Indians under his supervision 
or under contract to him, including pipestone articles, shall apply to 
the Superintendent. The Superintendent shall grant the permit provided 
that (1) in his judgment the number of permittees selling handicraft 
products is not so large as to be inconsistent with the enjoyment of 
visitors to the Pipestone National Monument and (2) a suitable area is 
available for conduct of the operation. The permit shall be issued 
without charge and shall be valid only during the calendar year in which 
it is issued.

[34 FR 5377, Mar. 19, 1969]



Sec. 7.43  Natchez Trace Parkway.

    (a)--(b) [Reserved]
    (c) Vehicles--(1) Trucks. Trucks over one ton rated capacity are not 
permitted on the parkway. Trucks, not exceeding one ton rated capacity, 
are permitted to travel on the Natchez Trace Parkway when used solely 
for transportation of persons, their baggage, camping equipment and 
related articles for recreational purposes only. Trucks used for the 
purpose of hauling non-recreational materials are not permitted.
    (2) Animal-drawn vehicles. Animal-drawn vehicles or implements are 
prohibited on the main parkway road.
    (3) Farm vehicles. Farm vehicles, including agricultural implements, 
with or without load carrying capacity, and whether or not self-
propelled, are prohibited on the parkway, except when such travel is 
authorized by the Superintendent or when such travel is in connection 
with the construction, operation, or maintenance of the parkway.
    (4) Recreational vehicles. Recreational vehicles, including but not 
limited to self-propelled mobile homes, campers, housetrailers, and 
vehicles up to 1\1/2\ ton rated capacity, when such recreational 
vehicles are used solely to carry persons for recreational purposes 
together with their baggage, camping equipment, and related articles for 
vacation or recreational purposes, are permitted on the parkway.
    (5) Trailers. Trailers are permitted when used non-commercially to 
transport baggage, camping equipment, horses for recreational riding, 
small boats and other similar items used for vacation or recreational 
purposes, provided they meet the following criteria:
    (i) Utility type trailers must be enclosed or covered and are not to 
exceed 5 feet by 8 feet.
    (ii) Trailers must be equipped with red taillights, red stoplights 
and mechanical turn signals. Clearance lights are required on trailers 
over 6 feet high.
    (iii) Only one trailer of any type may be towed by any one vehicle 
along the parkway. The towing vehicle and trailer must not exceed 55 
feet in length.
    (6) Buses. Commercial passenger carrying buses, when used for 
touring purposes, may travel the Natchez Trace Parkway by obtaining 
special written permission in advance from the Superintendent or his 
representative. School buses may travel on the parkway without such 
written permission when transporting people for special recreational or 
educational purposes.
    (7) Towed vehicles other than trailers. Such vehicles must be towed 
with a rigid tow bar which does not require a driver for the towed 
vehicle. Tow bar must be equipped with safety chains that are so 
connected to the towed and towing vehicles and to the tow bar that, if 
the tow bar fails, it will not drop to the ground and the chains shall 
be of sufficient strength to prevent breakaway of the towed vehicle in 
the event of such tow bar failure. The towed vehicle must be equipped 
with brakelights, taillights, and signal lights in accordance with 
applicable State regulations. The towing vehicle and towed vehicle must 
not exceed 55 feet in length.
    (d) Beer and alcoholic beverages. The possession of beer or any 
alcoholic beverage in an open or unsealed container is prohibited, 
except in designated picnic, lodging, residence, and camping areas.

[34 FR 9751, June 24, 1969, as amended at 39 FR 30833, Aug. 26, 1974; 48 
FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, 1987]

[[Page 96]]



Sec. 7.44  [Reserved]



Sec. 7.45  Everglades National Park.

    (a) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number 
1024-0026. This information is being collected to solicit information 
necessary for the Superintendent to issue permits used to grant 
administrative benefits. The obligation to respond is required in order 
to obtain a benefit.
    (b) Prohibited conveyances. Only hand-propelled vessels may be 
operated upon those areas of emergent vegetation commonly called 
marshes, wetlands, or ``the glades.'' Operation of a motorized vessel in 
such areas is prohibited.
    (c) Definitions. The following definitions shall apply to this 
section:
    (1) Ballyhoo means a member of the genus Hemiramphus (family: 
Exocoetidae).
    (2) Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand.
    (3) Commercial fishing means the activity of taking or harvesting, 
or attempting to take or harvest any edible or non-edible form of fresh 
or salt water aquatic life for the purpose of sale or barter.
    (4) Dipnet means a hand-held device for obtaining bait, the netting 
of which is fastened in a frame.
    (5) Guide fishing means the activity, of a person, partnership, 
firm, corporation, or other commercial entity to provide fishing 
services, for hire, to visitors of the park.
    (6) Minnow means a fish used for bait from the family 
Cyprinodointidae, Poeciliidae, or Atherinidae.
    (7) Mojarra or ``goats'' means a member of the family Gerreidae.
    (8) Oyster means a mollusk of the suborder Ostraeaccea.
    (9) Personal watercraft means a vessel powered by an outboard motor, 
water-jet or an enclosed propeller or impeller system, where persons 
ride standing, sitting or kneeling primarily on or behind the vessel, as 
opposed to standing or sitting inside; these craft are sometimes 
referred to by, but not limited to, such terms as ``wave runner,'' ``jet 
ski,'' ``wet bike,'' or ``Sea-doo.''
    (10) Pilchard means a member of the herring family (Clupeidae), 
generally used for bait.
    (11) Pinfish means a member of the genus Lagodon (family: Spiradae).
    (d) Fishing. (1) Fishing restrictions, based on management 
objectives described in the park's Resources Management Plan, are 
established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with procedures found at Secs. 1.5 and 
1.7 of this chapter, on any activity pertaining to fishing, including, 
but not limited to species of fish that may be taken, seasons and hours 
during which fishing may take place, methods of taking, and size, creel 
and possession limits.
    (3) The following waters are closed to fishing:
    (i) All waters of T. 58 S., R. 37 E., sections 10 through 15, 
inclusive, measured from Tallahassee meridian and base, in the vicinity 
of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake, 
and Pine Island Lake.
    (ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and 
in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from 
Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road 
from Tamiami Trail south.
    (4) A person engaged in guide fishing must possess a guide fishing 
permit issued by the Superintendent and administered under the terms of 
Sec. 1.6 of this chapter. Guide fishing without a valid permit is 
prohibited.
    (5) Except for taking finfish, shrimp, bait, crabs, and oysters, as 
provided in this section or as modified under 36 CFR 1.5, the taking, 
possession, or disturbance of any fresh or saltwater aquatic life is 
prohibited.
    (6) Methods of taking. Except as provided in this section, only a 
closely attended hook and line may be used for fishing activities within 
the park.
    (i) Crabbing for stone or blue crabs may be conducted using attended 
gear only and no more than five (5) traps per person. Persons using 
traps must remain within one hundred (100) feet of those traps. 
Unattended gear or use of

[[Page 97]]

more than five (5) traps per person is prohibited.
    (ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, 
mojarras, ballyhoo or bait mullet (less than eight (8) inches in total 
length) may be taken with hook and line, dipnet (not exceeding 3 feet at 
its widest point) or cast net, for use as bait or personal consumption.
    (iii) A dipnet or cast net may not be dragged, trawled, or held 
suspended in the water.
    (7) Tagging, marking, fin clipping, mutilation or other disturbance 
to a caught fish, prior to release is prohibited without written 
authorization from the Superintendent.
    (8) Fish may not be fileted while in the park, except that:
    (i) Up to four (4) filets per person may be produced for immediate 
cooking and consumption at designated campsites or on board vessels 
equipped with cooking facilities.
    (ii) Fish may be fileted while at the designated park fish cleaning 
facilities, before transportation to their final destination.
    (9) Nets and gear that are legal to use in State waters, and fish 
and other edible or non-edible sea life that are legally acquired in 
State waters but are illegal to possess in the waters of Everglades 
National Park may be transported through the park only over Indian Key 
Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across 
Chokoloskee Bay, along the most direct route to or from Everglades City, 
Chokoloskee Island or Fakahatchee Bay.
    (i) Boats traveling through these passages with such nets, gear, 
fish, or other edible products of the sea must remain in transit unless 
disabled or weather and sea conditions combine to make safe passage 
impossible, at which time the boats may be anchored to await assistance 
or better conditions.
    (ii) [Reserved]
    (e) Boating. (1) The Superintendent may close an area to all 
motorized vessels, or vessels with motors greater than a specified 
horsepower, or impose other restrictions as necessary, in accordance 
with Secs. 1.5 and 1.7 of this chapter.
    (2) For purposes of this section, a vessel in which the motor(s) is 
(are) removed from the gunnels or transom and stored to be inoperable, 
is considered to be not motorized.
    (3) The following areas are closed to all vessels:
    (i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E., 
sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road from 
the Tamiami Trail south.
    (ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake, 
Parachute Key ponds north of the Main Park Road, and Lake Chekika.
    (4) The following inland fresh water areas are closed to the use of 
motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond, 
Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine 
Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal.
    (5) The following coastal waters, designated by statute as 
wilderness (Pub. L. 95-625), are closed to the use of motorized vessels: 
Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; Homestead 
Canal; all associated small lakes on Cape Sable inland from Lake 
Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, Monroe, 
Long, and the Lungs Lakes; Alligator Creek from the shoreline of 
Garfield Bight to West Lake; all inland creeks and lakes north of Long 
Sound, Joe Bay, and Little Madeira Bay except those ponds and lakes 
associated with Taylor River.
    (6) Except to effect a rescue, or unless otherwise officially 
authorized, no person shall land on keys of Florida Bay except those 
marked by signs denoting the area open, or on the mainland shorelines 
from Terrapin Point eastward to U.S. Highway 1, including the shores of 
all inland bays and waters and those shorelines contiguous with Long 
Sound, Little Blackwater Sound, and Blackwater Sound.
    (7) West Lake Pond and West Lake shall be closed to all vessels when 
they are being used by feeding birds. At all other times, these areas 
shall be open only to hand-propelled vessels or Class A motorboats 
powered by motors not to exceed 6 horsepower.

[[Page 98]]

    (8) Launching, and or operating a personal watercraft is prohibited 
in the park.
    (9) Vessels used as living quarters shall not remain in or be 
operated in the waters of the Park for more than 14 days without a 
permit issued by the Superintendent. Said permit will prescribe 
anchorage location, length of stay, sanitary requirements and such other 
conditions as considered necessary.
    (f) Violation of any of the provisions of Sec. 7.45 is prohibited.

[59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, 1995]



Sec. 7.46  [Reserved]



Sec. 7.47  Carlsbad Caverns National Park.

    (a) Cave entry. (1) With the exception of the regular trips into 
Carlsbad Caverns under the guidance or supervision of employees of the 
National Park Service, no person shall enter any cave or undeveloped 
part or passage of any cave without a permit.
    (2) Permits. The Superintendent may issue written permits for cave 
entry without escort only to persons engaged in scientific or 
educational investigations. The Superintendent shall approve issuance of 
a permit provided:
    (i) That the investigation planned will have demonstrable value to 
the National Park Service in its management or understanding of park 
resources, and
    (ii) That the permit applicant is adequately equipped and 
experienced so as to ensure the protection and preservation of park 
resources.
    (3) Solo exploration. Solo exploration or investigation is not 
permitted in any cave or undeveloped part or passageway of any cave 
within the park.

[34 FR 8356, May 30, 1969, as amended at 41 FR 24123, June 15, 1976; 48 
FR 30295, June 30, 1983]



Sec. 7.48  Lake Mead National Recreation Area.

    (a) Aircraft, designated airstrips. (1)(i) The entire water surface 
of Lakes Mead and Mohave are designated landing areas, except as 
restricted in Sec. 2.17 of this chapter.
    (ii) Aircraft may not be operated under power on those water surface 
areas designated as special anchorages, including fairways, as defined 
in 33 CFR 110.127.
    (2) Temple Bar landing strip, located at approximate latitude 
36 deg.01' N., approximate longitude 114 deg.20' W.
    (3) Pearce Ferry landing strip, located at approximate latitude 
30 deg.04'37" N., approximate longitude 114 deg.02'44" W.
    (4) Cottonwood landing strip located at approximate latitude 
35 deg.29' N., approximate longitude 114 deg.40' W.
    (5) [Reserved]
    (6) Echo Bay landing strip located at approximate latitude 
36 deg.19' N., approximate longitude 114 deg.27' W.
    (b) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed except in harbors, swim 
beaches, developed areas, and in other locations designated as closed to 
this activity.
    (c) Parking. Vehicles or boat trailers, or vehicle/boat trailer 
combinations, may be left unattended for periods up to 7 days, when 
parked in parking areas adjacent to designated boat launching sites, 
without written permission obtained in advance from the superintendent. 
Any vehicle or boat trailer or vehicle/boat trailer combination which is 
left in parking areas adjacent to designated boat launching sites in 
excess of 7 days without written permission obtained in advance from the 
superintendent may be impounded by the superintendent.
    (d) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facilities sealed to prevent discharge. Chemical or other type 
marine toilets with approved holding tanks or storage containers shall 
be permitted but will be discharged or emptied only at designated 
sanitary pumping stations.
    (e) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (f) The Superintendent may exempt motor vessels participating in a 
regatta that has been authorized by permit issued by the Superintendent 
from

[[Page 99]]

the noise level limitations imposed by Sec. 3.7 of this chapter.

[32 FR 15751, Nov. 16, 1967, as amended at 34 FR 1950, Feb. 11, 1969; 34 
FR 18857, Nov. 26, 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, Feb. 
27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR 29681, Aug. 8, 1988]



Sec. 7.49  [Reserved]



Sec. 7.50  Chickasaw Recreation Area.

    (a) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed on Arbuckle Reservoir 
and Veterans Lake.

[49 FR 18451, Apr. 30, 1984]



Sec. 7.51  Curecanti Recreation Area.

    (a) Hunting. Hunting is allowed at times and locations designated as 
open for hunting.
    (b) Trapping. Trapping is allowed at times and locations designated 
as open for trapping.
    (c) Snowmobiles. Snowmobiles are permitted to operate within the 
boundaries of Curecanti National Recreation Area provided:
    (1) That the operators and machines conform to the laws and 
regulations governing the use of snowmobiles as stated in this chapter 
and those applicable to snowmobile use promulgated by the State of 
Colorado where they prove to be more stringent or restrictive than those 
of the Department of the Interior.
    (2) That their use is confined to the frozen surface of Blue Mesa 
Lake, and designated access roads. A map of areas and routes open to 
snowmobile use will be available in the office of the superintendent.
    (3) That for the purposes of this section, snowmobile gross weight 
will be limited to a maximum of 1200 lbs. (machine and cargo) unless 
prior permission is granted by the superintendent.

[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 34480, Aug. 31, 1984]



Sec. 7.52  Cedar Breaks National Monument.

    (a) Snowmobiles. (1) During periods when snow depth prevents regular 
vehicular travel in the Monument, snowmobiling will be permitted on the 
main Monument road and parking areas from the south boundary to the 
north boundary and on the Panguitch Lake road from its junction with the 
main Monument road east to the east park boundary. In addition, the 
paved walkway from the Visitor Center parking lot to the Point Supreme 
overlook is also open for snowmobile travel.
    (2) On roads designated for snowmobile use, only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobile. Such roadway is available for snowmobile use only when the 
designated road or parking area is closed by snow depth to all other 
motor vehicle use by the public. These routes will be marked by signs, 
snow poles, or other appropriate means.

The park Superintendent shall determine the opening and closing dates 
for use of designated snowmobile routes each year. Routes will be open 
to snowmobile travel when they are considered to be safe for travel but 
not necessarily free of safety hazards.
    (3) Snowmobile use outside designated routes is prohibited. This 
prohibition shall not apply to emergency administrative travel by 
employees of the National Park Service or its contractors or 
concessioners or law enforcement agencies.
    (b) [Reserved]

[49 FR 29375, July 20, 1984]



Sec. 7.53  Black Canyon of the Gunnison National Monument.

    (a) Snowmobiles. (1) During periods when snow depth prevents regular 
vehicular travel to the North Rim of the Monument, as determined by the 
superintendent, snowmobiling will be permitted on the graded, graveled 
North Rim Drive and parking areas from the north monument boundary to 
North Rim Campground and also to the Turnaround.
    (2) On roads designated for snowmobile use, only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobiles. Such roadway is available for snowmobile use only when 
there is sufficient snow cover and when these roads and parking areas 
are closed to all other motor vehicle use by the public. These routes 
will be marked

[[Page 100]]

by signs, snow poles, or other appropriate means. Snowmobile use outside 
designated routes is prohibited.
    (b) [Reserved]

[49 FR 34478, Aug. 31, 1984]



Sec. 7.54  Theodore Roosevelt National Park.

    (a) Snowmobiles. (1) Designated routes open to snowmobile use are 
the portions of the Little Missouri River which contain the main river 
channel as it passes through both units of Theodore Roosevelt National 
Park. Ingress and egress to and from the designated route must be made 
from outside the boundaries of the park. There are no designated access 
points to the route within the park.
    (2) The superintendent shall determine the opening and closing dates 
for the use of designated snowmobile routes each year, taking into 
consideration snow, weather and river conditions. He shall notify the 
public by posting of appropriate signs at the main entrance to both 
units of the park. The superintendent may, by the posting of appropriate 
signs, require persons to register or obtain a permit before operating 
any snowmobiles within the park. The operation of snowmobiles shall be 
in accordance with State laws in addition to the National Park Service 
regulations.
    (b) [Reserved]

[49 FR 34479, Aug. 31, 1984]



Sec. 7.55  Coulee Dam Recreation Area.

    (a) Hunting. Hunting is allowed at times and locations designated as 
open for hunting.
    (b) Aircraft. Float planes may be operated on Lake Roosevelt on 
those waters not administered by Indians as part of the Indian Zone, 
i.e., mid-channel to the shore of the non-Indian side of the Lake. A map 
showing the waters where aircraft may be operated will be available in 
the office of the superintendent.

[49 FR 18451, Apr. 30, 1984]



Sec. 7.56  Acadia National Park.

    (a) Designated Snowmobile Routes. The designated routes for 
snowmobile shall be:
    (1) Park Loop Road (except section from Stanley Brook intersection 
north to the gate at Penobscot Mountain Parking Area) and connecting 
roads as follows: Paradise Hill Road (Visitor Center to Junction Park 
Loop Road); Stanley Brook Road; Ledgelawn Extension Road; Sieur de Monts 
(gate to Loop Road); West Street; Cadillac Mountain Summit Road; 
entrance roads to Wildwood Stable.
    (2) Portions of Carriage Paths as follows: A section of Carriage 
Path 1.8 miles in length from the parking area at the north end of Eagle 
Lake down the east side of the lake to connection with Park Loop Road at 
Bubble Pond Rest Area. A section of Carriage Path 0.6 miles in length 
from Wildwood Stable to connection with Park Loop Road south of the 
entrance road to Penobscot Mountain Parking Area.
    (3) Hio Truck Road from Seawall Campground north to State Route 102.
    (4) The paved camper access roads within Seawall Campground.
    (5) Marshall Brook Truck Road from Seal Cove Road to Marshall Brook.
    (6) Seal Cove Road from Park Boundary in Southwest Harbor to State 
Route 102 in Seal Cove.
    (7) Western Mountain Road from Park Boundary west of Worcester 
Landfill to Seal Cove Pond.
    (8) The two crossroads connecting Western Mountain Road and Seal 
Cove Road.
    (9) Long Pond Truck Road including Spur Road to Pine Hill.
    (10) Lurvey Spring Road from Junction with Long Pond Road in 
Southwest Harbor to intersection with Echo Lake Beach Road.
    (11) The Echo Lake Entrance Road from State Route 102 to Echo Lake 
Beach Parking Area.

[48 FR 1195, Jan. 11, 1983]



Sec. 7.57  Lake Meredith Recreation Area.

    (a) The operation of motor vehicles within the Lake Meredith 
Recreation Area is prohibited outside of established public roads, 
parking areas, except within the cutbanks of Blue Creek, comprising 
about 275 acres, and except below the 3,000 ft. contour on the following 
described lands, being known as the Rosita Area on the Canadian River 
flood plain:

[[Page 101]]

    Beginning at property corner 191 at coordinates 536,112.90N and 
1,894,857.49E thence in a straight line S05 deg.14'47" E, 3349.09 ft. to 
property corner 192, thence in a straight line N85 deg.03'12" E, 6999.38 
ft., to property corner 193, thence in a straight line N58 deg.29'53" E, 
3737.77 ft., to property corner 194, thence in a straight line 
N51 deg.20'25" E, 1457.45 ft., to property corner 195, thence in a 
straight line S74 deg.40'44" E, 4064.61 ft., to property corner 196, 
thence in a straight line N79 deg.59'22" E, 3118.40 ft. to property 
corner 197A, thence in a northeasterly direction to property corner 200, 
thence in a straight line N56 deg.24'11" E, 1073.57 ft., to property 
corner 201, thence in a straight line S80 deg.04'22" E, 2684.69 ft., to 
property corner 202, thence in a straight line N69 deg.21'31" E, 2974.09 
ft. to property corner 203, thence in a straight line S37 deg.59'16" E, 
1538.83 ft., to property corner 204, thence in a straight line 
N28 deg.36'59" E, 744.10 ft., to property corner 205, thence in a 
straight line N00 deg.19'04" E, 1136.41 ft., to property corner 206, 
thence in a westerly direction to property corner 181, thence in a 
straight line S89 deg.51'52" W, 1434.80 ft. to property corner 182, 
thence in a straight line N75 deg.53'25" W, 4267.11 ft., to property 
corner 183, thence in a straight line S76 deg.16'20" W, 3835.45 ft., to 
property corner 184, thence in a westerly direction to property corner 
189, thence in a straight line S71 deg.35'59" W, 2901.46 ft., to 
property corner 190, thence in a straight line S78 deg.24'18" W, 6506.70 
ft. to the point of beginning as shown on Bureau of Reclamation drawing 
number 662-525-1431 dated July 9, 1965, such Rosita Area comprising 
about 1,500 acres.
    (b) Safety Helmets. The operator and each passenger of a motorcycle 
shall wear a safety helmet while riding on a motorcycle in an off-road 
area designated in paragraph (a) of this section.
    (c) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facility sealed to prevent discharge. Chemical or other type marine 
toilets with approved holding tanks or storage containers shall be 
permitted but will be discharged or emptied only at designated sanitary 
pumping stations.
    (d) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed except in locations 
designated as closed to this activity. The superintendent may designate 
times and locations where such activity is allowed only under the terms 
and conditions of a permit.
    (e) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (f) Hunting. Hunting is allowed at times and locations designated as 
open for hunting.
    (g) Trapping. Trapping is allowed at times and locations designated 
as open for trapping.

[36 FR 14694, Aug. 10, 1971, as amended at 40 FR 762, Jan. 3, 1975; 48 
FR 30295, June 30, 1983; 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 
2, 1987]



Sec. 7.58  Cape Hatteras National Seashore.

    (a) Hunting. (1) Lands within the Seashore on which hunting is 
legally permitted are designated as follows:
    (i) Ocracoke Island, except Ocracoke village.
    (ii) Hatteras Island, 500 acres, in three disconnected strips 250 
feet wide measuring eastward from mean high water mark on Pamlico Sound 
between villages of Salvo and Avon and Buxton, and between Frisco and 
Hatteras.
    (iii) Bodie Island, 1,500 acres, between high water mark of Roanoke 
Sound and a line 2,000 feet west of and parallel to U.S. Highway 158, 
and from the north dike of the Goosewing Club property on the north to 
the north boundary of the Dare County tract on the south.
    (2) Seashore lands on which hunting is not permitted will be posted 
accordingly.
    (3) This hunting plan will be administered and enforced by the 
National Park Service, through the Service's authorized local 
representative, the Superintendent of the Seashore, hereinafter referred 
to as the Superintendent.
    (4) The State of North Carolina will assist in the enforcement of 
applicable State and Federal hunting laws and otherwise in carrying out 
this plan.
    (5) Hunting will be restricted to waterfowl. Season length, opening 
and closing dates, bag limits and species of

[[Page 102]]

waterfowl which may be taken will be in accordance with the rules and 
regulations issued by the North Carolina Wildlife Resources Commission 
and the U.S. Fish and Wildlife Service.
    (6) Hunting privileges will be free for all hunters possessing a 
North Carolina State hunting license and Federal migratory bird hunting 
stamp.
    (7) Permanent blinds will be constructed exclusively by the Seashore 
and these will be built only on Bodie Island. Setting up and use of 
temporary or portable blinds by hunters will be permitted on Hatteras 
and Ocracoke Islands.
    (8) Minimum distance between blinds on Seashore land and ponds 
within the designated hunting areas will be 300 yards unless other 
conditions, such as natural screening, justify a shorter distance.
    (9) Hunting on Ocracoke Island will be permitted and managed in the 
same manner as Hatteras Island.
    (10) ``Jump shooting'' of waterfowl will be permitted only on 
Hatteras and Ocracoke Islands and is prohibited within 300 yards of any 
blind.
    (11) Properly licensed and authorized guides may provide hunting 
guide service within the designated hunting areas in the Seashore. They 
will not be permitted to solicit business within the boundaries of the 
Seashore and all arrangements with hunters must be made outside of those 
boundaries. Guides will be required to possess a North Carolina State 
guide license and to fulfill all requirements and conditions imposed by 
that license. Fees charged by guides must be approved in advance by the 
Superintendent. Each guide must also possess a permit issued by the 
Superintendent which authorizes him to guide hunters within the Seashore 
and the amount of the fees which he may charge.
    (12) Guides shall have no permanent or seasonal blind rights within 
the Seashore and no special privileges other than those specified in 
this section.
    (13) At 5:00 a.m. each morning the day of hunting a drawing for 
blind assignments will be conducted at the check-out station. Advance 
reservations for permission to draw will be accepted through the United 
States mail only. Reservations postmarked prior to 12:01 a.m. of 
September 25 will not be accepted. The postmark date and hour will 
establish and govern the priority of drawing. Maximum reservation by any 
person shall be three (3) consecutive days in any week, Monday through 
Saturday, and limited to a total of six (6) days during the season. 
Reservations shall have priority over nonreservations at drawing time. 
In the event a reservation is to be canceled, the Superintendent shall 
be informed by the party prior to drawing time for the date or dates of 
the reservation.
    (14) The first departure from a blind by a person terminates his 
hunting privilege within Bodie Island for that day and the blinds may be 
reassigned by the Superintendent, Cape Hatteras National Seashore 
Recreational Area, or his duly authorized representative, for use by 
others later the same day. Vacating parties must check out and furnish 
information regarding their take at the checking station on Bodie Island 
located near the north boundary of the hunting area.
    (15) Hunters and guides shall provide their own decoys and are 
required to leave the blind which they used in a clean, sanitary and 
undamaged condition.
    (16) All hunters taking banded fowl shall turn in the bands at the 
check-out station.
    (17) Details of this plan, interpretations and further information 
regarding it will be published in local newspapers and issued in 
circular form free to all interested persons.
    (18) Access to blinds will be by designated foot trails. Vehicles 
will not be permitted to drive to the blind sites.
    (19) Trained dogs will be permitted for retrieving providing they 
are kept under restraint by the hunter.
    (20) Blinds will be limited to two persons without a guide and three 
including the guide. Only two guns will be permitted in each blind.
    (21) All other regulations will be in accordance with the North 
Carolina State and Federal migratory bird hunting laws.
    (b) Fishing--(1) Definitions. As used in this part:
    (i) Seashore. Cape Hatteras National Seashore.

[[Page 103]]

    (ii) Permittee. A person authorized to engage in commercial fishing 
from seashore beaches.
    (iii) Legal resident of an established village. An individual 
(excluding a corporation, partnership, or other artificial person) 
having domicile in one of the following Outer Banks villages referred to 
in section 1 of the Act of August 17, 1937 (50 Stat. 669):

    Corolla, Duck, Kitty Hawk, Kill Devil Hills, Collington, Nags Head, 
Manteo, Wanchese, Rodanthe, Waves, Salvo, Avon, Buxton, Frisco, 
Hatteras, Ocracoke.

    (iv) Commercial fishing. All operations preparatory to, during, and 
subsequent to the taking of fish by any means if a primary purpose of 
the taking is to sell fish.
    (v) Commercial fishing permit. Written revocable authorization, 
issued by the Superintendent to an eligible individual, to engage in 
commercial fishing from the Seashore beaches. The permit will be issued 
on an annual basis commencing on October 1st of each year.
    (2) Commercial fishing permit required. A commercial fishing permit 
is required before engaging in commercial fishing from the seashore 
beaches.
    (3) Permits. Commercial fishing permits may be issued by the 
Superintendent or his authorized representative limited to individuals 
meeting the following criteria of eligibility:
    (i) A legal resident of an established village.
    (ii) Possession of a valid North Carolina commercial fishing license 
or engagement in a joint commercial fishing venture with a North 
Carolina commercial fishing licensee.

The permit shall be carried at all times while engaged in commercial 
fishing and shall be displayed upon request by the Superintendent or his 
representative. When two or more individuals engage in a joint 
commercial fishing venture involving a splitting of profits or any other 
assumption of proprietary interests, each individual must qualify for 
and have a commercial fishing permit. An employee hired by a permittee 
for a specific wage with no financial interest in the activity need not 
have a permit.
    (4) Revocation of permit. The Superintendent may revoke the 
commercial fishing permit of any permittee who ceases to meet the 
criteria of eligibility set forth in paragraph (c)(3) of this section or 
who violates any General, Special, or other related regulation governing 
activities at the Seashore.
    (5) Beach sanitation and conservation of aquatic life. 
Notwithstanding any General Regulation of the National Park Service to 
the contrary, all fishermen, commercial and sport, landing fish on the 
Seashore by any method and not using such fish because of size, edible 
quality, or other reason, shall immediately release and return such fish 
alive in the waters from which taken. No dead fish or part thereof may 
be left on any shore, beach, dock, pier, fish cleaning table or thrown 
back into the waters, but must be disposed of only at points or places 
designated for the disposal thereof or removed from the seashore area.
    (6) Sport-fishing Zone. A zone is established for the protection and 
enhancement of recreational sport-fishing commencing at Beach Access 
Ramp No. 22 and continuing south and west along the ocean shore, 
including Cape Point (Cape Hatteras), to Beach Access Ramp No. 30. 
Within this zone commercial fishing, as specified in the Act of August 
17, 1937 (50 Stat. 669), is permitted, except between the hours of 12:01 
a.m. on Saturday to 11:59 p.m. on Sunday from October 1 through April 
30, commercial fishermen are not permitted to haul seines or nets onto 
the beach within the Zone.

[24 FR 11052, Dec. 30, 1959, as amended at 38 FR 33081, Nov. 30, 1973; 
40 FR 4135, Jan. 28, 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, June 
30, 1983; 52 FR 10686, Apr. 2, 1987]



Sec. 7.59  Grand Portage National Monument.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e. depth of snow, and depending on local weather conditions, the 
superintendent may permit the use of snowmobiles on the following 
designated routes within the National Monument:
    (1) The trail from County Road 73 (near the Grand Portage Trading 
Post) which moves across the Grand Portage to County Road 17 near the 
Catholic Church.

[[Page 104]]

    (2) The powerline right-of-way road from Country Road 73 which moves 
across the Grand Portage Trail.
    (3) The logging road which moves across the Grand Portage Trail in 
NE \1/4\, SE \1/4\, Section 32, T64N, R6E.
    (4) Abandoned Highway 61 which moves across the Grand Portage Trail.
    (5) The logging road which moves across the Grand Portage Trail in 
SE \1/4\, NW \1/4\, Section 25, T64N, R5E.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.

[47 FR 45005, Oct. 13, 1982, as amended at 49 FR 18451, Apr. 30, 1984]



Sec. 7.60  Herbert Hoover National Historic Site.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow, and depending on local weather conditions, the 
Superintendent may permit the use of snowmobiles on the shoulder of the 
paved motor road known as Parkside Drive between Main Street of West 
Branch, Iowa and Interstate Highway 80, which is used by motor vehicle 
traffic during other seasons in conformance with State law.

[47 FR 54933, Dec. 7, 1982]



Sec. 7.61  Fort Caroline National Memorial.

    (a) Fishing. Fishing is prohibited within the Memorial.

[26 FR 3363, Apr. 20, 1961, as amended at 32 FR 16213, Nov. 28, 1967]



Sec. 7.62  Lake Chelan National Recreation Area.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow, and depending on local weather conditions, the 
superintendent may designate as open to the use of snowmobiles the 
following locations within the Lake Chelan National Recreation Area:
    (1) All open areas, designated trails and roadways on public land 
below the 1320-foot contour line within the Stehekin Valley, except 
cross-country ski trails and within the perimeter of the Buckner 
Orchard. Snowmobile use on open public lands or designated trails will 
be limited to permanent, year-round residents of the Stehekin Valley.
    (2) That portion of the Stehekin Valley Road normally open to use by 
motor vehicles from the 1320-foot contour line to the park boundary.
    (b) Aircraft. The following are designated as locations where the 
operation of aircraft is allowed:
    (1) The entire water surface of Lake Chelan.
    (2) The Stehekin landing field, located at approximate latitude 
48 deg.21' N, approximate longitude 120 deg.43' W.
    (c) Weapons. The following location is designated for target 
practice between the hours of sunrise and sunset, subject to all 
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 8, T. 
33 N., R. 17 E., WM, approximately 100 yards east of mile point 7 on the 
Stehekin Valley Road, a converted borrow pit.

[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 19652, May 9, 1984; 54 
FR 48869, Nov. 28, 1989]



Sec. 7.63  Dinosaur National Monument.

    (a) Commercial hauling. Ranchers and stockmen owning, leasing or 
renting private lands, or holding grazing permits issued by the Bureau 
of Land Management on designated grazing allotments adjacent to the 
Artesia Entrance Road, Blue Mountain Road, and Deerlodge Park Road, are 
authorized to use these roads for trucking or hauling ranching and 
agricultural supplies and materials, including livestock, for use in 
normal ranching and stock growing operations.
    (b) Stock grazing. (1) Privileges for the grazing of domestic 
livestock based on authorized use of certain areas at the time of 
approval of the act of September 8, 1960 (74 Stat. 857, Pub. L. 86-729), 
shall continue in effect or shall be renewed from time to time, except 
for failure to comply with such terms and conditions as may be 
prescribed by the Superintendent in these regulations and after 
reasonable notice of default and subject to the following provisions of 
tenure:
    (i) Grazing privileges appurtenant to privately owned lands located 
within the Monument shall not be withdrawn until title to the lands to 
which such privileges are appurtenant shall have

[[Page 105]]

vested in the United States except for failure to comply with the 
regulations applicable thereto after reasonable notice of default.
    (ii) Grazing privileges appurtenant to privately owned lands located 
outside the Monument shall not be withdrawn for a period of twenty-five 
years after September 8, 1960, and thereafter shall continue during the 
lifetime of the original permittee and his heirs if they were members of 
his immediate family as described herein except for failure to comply 
with the regulations applicable thereto after reasonable notice of 
default.
    (iii) Members of the immediate family are those persons who are 
related to and directly dependent upon a person or persons, living on or 
conducting grazing operations from lands, as of September 8, 1960, which 
the National Park Service recognized as base lands appurtenant to 
grazing privileges in the monument. Such interpretation excludes mature 
children who, as of that date, were established in their own households 
and were not directly dependent upon the base lands and appurtenant 
grazing recognized by the National Park Service.
    (iv) If title to base lands lying outside the monument is conveyed, 
or such base lands are leased to someone other than a member of the 
immediate family of the permittee as of September 8, 1960, the grazing 
preference shall be recognized only for a period of twenty-five years 
from September 8, 1960.
    (v) If title to a portion or part of the base land either outside or 
inside the monument is conveyed or such base lands are leased, the new 
owner or lessee will take with the land so acquired or leased after 
September 8, 1960, such proportion of the entire grazing privileges as 
the grazing capacity in animal unit months of the tract conveyed or 
leased bears to the original area to which a grazing privilege was 
appurtenant and recognized. Conveyance or lease of all such base lands 
will automatically convey all grazing privileges appurtenant thereto.
    (vi) Grazing privileges which are appurtenant to base lands located 
either inside or outside the monument as of September 8, 1960, shall not 
be conveyed separately therefrom.
    (2) Where no reasonable ingress or egress is available to permittees 
or nonpermittees who must cross monument lands to reach grazing 
allotments or non-Federal lands within the exterior boundary of the 
monument or adjacent thereto, the Superintendent will grant, upon 
request, a temporary nonfee annual permit to herd stock on a designated 
driveway which shall specify the time to be consumed in each single 
drive.
    (3) After September 8, 1960, no increase in the number of animal 
unit months will be allowed on Federal lands in the monument.
    (4)(i) A permittee whose privileges are appurtenant to base lands 
either inside or outside the monument may be granted total nonuse on a 
year to year basis not to exceed three consecutive years. Total nonuse 
beyond this time may be granted if necessitated for reasons clearly 
outside the control of the permittee. Total unauthorized nonuse beyond 
three consecutive years will result in the termination and loss of all 
grazing privileges.
    (ii) Whenever partial or total non-use is desired an application 
must be made in writing to the Superintendent.
    (5) Grazing fees shall be the same as those approved for the Bureau 
of Land Management and will be adjusted accordingly.
    (6) Permittees or nonpermittees who have stock on Federal lands 
within the monument at any time or place, when or where herding or 
grazing is unauthorized may be assessed fifty cents per day per cow or 
horse and ten cents per day per sheep as damages.
    (7) The Superintendent may accept a written relinquishment or waiver 
of any privileges; however, no such relinquishment or waiver will be 
effective without the written consent of the owner or owners of the base 
lands.
    (8) Permits. Terms and conditions. The issuance and continued 
effectiveness of all permits will be subject, in addition to mandatory 
provisions required by Executive Order or law, to the following terms 
and conditions:
    (i) The permittee and his employees shall use all possible care in 
preventing forest and range fires, and shall assist

[[Page 106]]

in the extinguishing of forest and range fires on, or within, the 
vicinity of the land described in the permit, as well as in the 
preservation of good order within the boundaries of the Monument.
    (ii) The Superintendent may require the permittee before driving 
livestock to or from the grazing allotment to gather his livestock at a 
designated time and place for the purpose of counting the same.
    (iii) Stock will be allowed to graze only on the allotment 
designated in the permit.
    (iv) The permittee shall file with the Superintendent a copy of his 
stock brand or other mark.
    (v) The permittee shall, upon notice from the Superintendent that 
the allotment designated in the permit is not ready to be grazed at the 
beginning of the designated grazing season, place no livestock on the 
allotment for such a period as may be determined by the Superintendent 
as necessary to avoid damage to the range. All, or a portion of the 
livestock shall be removed from the area before the expiration of the 
designated grazing season if the Superintendent determines further 
grazing would be detrimental to the range. The number of stock and the 
grazing period may be adjusted by the Superintendent at any time when 
such action is deemed necessary for the protection of the range.
    (vi) No permit shall be issued or renewed until payment of all fees 
and other amounts due the National Park Service has been made. Fees for 
permits are due the National Park Service and must be paid at least 15 
days in advance of the grazing period. No permit shall be effective to 
authorize grazing use thereunder until all fees and other amounts due 
the National Park Service have been paid. A pro rata adjustment of fees 
will be made in the event of reduction of grazing privileges granted in 
the permit, except that not more than 50 percent of the total annual 
grazing fee will be refunded in the event reduced grazing benefits are 
taken at the election of the permittee after his stock are on the range.
    (vii) No building or other structure shall be erected nor shall 
physical improvements of any kind be established under the permit except 
upon plans and specifications approved by the National Park Service. Any 
such facilities, structures, or buildings may be removed or disposed of 
to a successor permittee within three months following the termination 
of the permit; otherwise they shall become the property of the United 
States without compensation therefor.
    (viii) The permittee shall utilize the lands covered by the permit 
in a manner approved and directed by the Superintendent which will 
prevent soil erosion thereon and on lands adjoining same.
    (ix) The right is reserved to adjust the fees specified in the 
permit at any time to conform with the fees approved for the Bureau of 
Land Management, and the permittee shall be furnished a notice of any 
change of fees.
    (x) All livestock are considered as mature animals at 6 months of 
age and are so counted in determining animal unit months and numbers of 
animals.
    (xi) The Superintendent may prescribe additional terms and 
conditions to meet individual cases.
    (9) The breach of any of the terms or conditions of the permit shall 
be grounds for termination, suspension, or reduction of grazing 
privileges.
    (10) Appeals from the decision of the Superintendent to the Regional 
Director, and from the Regional Director to the Director shall be made 
in accordance with National Park Service Order No. 14, as amended (19 FR 
8824) and Regional Director, Order No. 3, as amended (21 FR 1494).
    (11) Nothing in these regulations shall be construed as to prevent 
the enforcement of the provisions of the General Rules and Regulations 
and the Special Rules and Regulations of the National Park Service or of 
any other provisions of said rules and regulations applicable to stock 
grazing.
    (c) Snowmobiles. (1) Designated routes which will be open to 
smowmobile use are approximately 20 miles of the Harpers Corner Road in 
Colorado and approximately 2 miles of the Cub Creek Road in Utah. The 
Harpers Corner Road section extends from the Plug Hat Overlook to the 
Echo Park Road Turnoff. The Cub Creek Road section extends from the Chew 
Ranch Road, 1 mile north of the Green River Bridge,

[[Page 107]]

to the point where the Cub Creek Road leaves the southern boundary of 
the monument.
    (2) On roads designated for snowmobile use, only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobiles. Such roadway is available for snowmobile use only when 
there is sufficient snow cover and when these roads are closed to all 
other motor vehicle use by the public.
    (3) Snowmobile use outside designated routes is prohibited. The 
superintendent shall determine the opening and closing dates for use of 
the designated snowmobile routes each year.

[27 FR 2150, Mar. 16, 1962, as amended at 27 FR 3659, Apr. 18, 1962; 34 
FR 7330, May 6, 1969; 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, 
1995]



Sec. 7.64  Petersburg National Battlefield.

    (a) Alcoholic beverages. The possession or drinking of alcoholic 
beverages in any public place or in any motor vehicle is prohibited, 
except with the written permission of the Superintendent.
    (b) Maintenance of vehicles. Washing, cleaning, waxing, or 
lubricating motor vehicles or repairing or performing any mechanical 
work upon motor vehicles, except in emergencies, in any public place is 
prohibited.
    (c) Definition. As used in paragraphs (a) and (b) of this section, 
the term ``public place'' shall mean any place, building, road, picnic 
area, parking space, or other portion of Petersburg National Battlefield 
to which the public has access.

[41 FR 40107, Sept. 17, 1976]



Sec. 7.65  Assateague Island National Seashore.

    (a) Hunting. (1) Hunting, except with a shotgun, bow and arrow, or 
by falconry is prohibited. Hunting with a shotgun, bow and arrow, or by 
means of falconry is permitted in accordance with State law and Federal 
regulations in designated hunting areas.
    (2) Hunting, or taking of a raptor for any purpose is prohibited 
except as provided for by permit in Sec. 2.5 of this chapter.
    (3) A hunter shall not enter upon Service-owned lands where a 
previous owner has retained use for hunting purposes, without written 
permission of such previous owner.
    (4) Waterfowl shall be hunted only from numbered Service-owned 
blinds except in areas with retained hunting rights; and no firearm 
shall be discharged at waterfowl from outside of a blind unless the 
hunter is attempting to retrieve downed or crippled fowl.
    (5) Waterfowl hunting blinds in public hunting areas shall be 
operated within two plans:
    (i) First-come, first-served.
    (ii) Advance written reservation.

The superintendent shall determine the number and location of first-
come, first-served and/or advance reservation blinds.
    (6) In order to retain occupancy rights, the hunter must remain in 
or near the blind except for the purpose of retrieving waterfowl. The 
leaving of decoys or equipment for the purpose of holding occupancy is 
prohibited.
    (7) Hunters shall not enter the public waterfowl hunting area more 
than 1 hour before legal shooting time and shall be out of the hunting 
area within 45 minutes after close of legal shooting time. The blind 
shall be left in a clean and sanitary condition.
    (8) Hunters using Service-owned shore blinds shall enter and leave 
the public hunting area via designated routes from the island.
    (9) Prior to entering and after leaving a public hunting blind, all 
hunters shall check in at the registration box located on the trail to 
the blind he is or has been using.
    (10) Parties in blinds are limited to two hunters and two guns 
unless otherwise posted at the registratrion box for the blinds.
    (11) The hunting of upland game shall not be conducted within 300 
yards of any waterfowl hunting blind during waterfowl season.
    (12) Hunting on seashore lands and waters, except as designated 
pursuant to Sec. 1.5 and Sec. 1.7, is prohibited.
    (b) Operation of oversand vehicles--(1) Definitions. In addition to 
the definitions found in Sec. 1.4 of this chapter, the following terms 
or phrases, when used in this section, have the meanings hereinafter 
respectively ascribed to them.

[[Page 108]]

    (i) Oversand vehicle. Any motorized vehicle which is capable of 
traveling over sand including--but not limited to--over-the-road 
vehicles such as beachbuggies, four-wheel-drive vehicles, pickup trucks, 
and standard automobiles.
    (ii) Self-Contained vehicle. Any towed or self-propelled camping 
vehicle that is equipped with a toilet and a permanently installed, 
waste, storage tank capable of holding a minimum of 2 days volume of 
material.
    (iii) Primary dune. Barriers or mounds of sand which are either 
naturally created or artificially established bayward of the beach berm 
which absorb or dissipate the wave energy of high tides and coastal 
storms.
    (iv) Dunes crossing. A maintained vehicle accessway over a primary 
dune designated and marked as a dunes crossing.
    (2) Oversand permits. No oversand vehicle, other than an authorized 
emergency vehicle, shall be operated on a beach or designated oversand 
route in the park area except under an oversand permit issued by the 
Superintendent.
    (i) The Superintendent is authorized to establish a system of 
special recreation permits for oversand vehicles and to establish 
special recreation permit fees for these permits, consistent with the 
conditions and criteria of 36 CFR part 71.
    (ii) No permit will be issued for a vehicle:
    (A) Which is not equipped to travel over sand and which does not 
contain the following equipment to be carried at all times when 
traveling on a beach or designated oversand route in the park: shovel, 
jack, tow rope or chain, board or similar support for the jack, and low 
pressure tire gauge;
    (B) Which does not conform to applicable State laws having to do 
with licensing, registering, inspecting, and insuring of such vehicles;
    (C) Which fails to comply with provisions of Sec. 4.10; and
    (D) Which does not meet the following standards: On four-wheel-drive 
vehicles and trailers towed by any vehicle:

------------------------------------------------------------------------
                                                               Per unit
------------------------------------------------------------------------
Maximum vehicle length......................................      26 ft.
Maximum vehicle width.......................................       8 ft.
Minimum vehicle ground clearance............................       7 in.
Gross vehicle weight rating may not exceed..................  10,000 lb.
Maximum number of axles.....................................           2
Maximum number of wheels (per axle).........................  ..........
------------------------------------------------------------------------

    On two-wheel-drive vehicles, in addition to the six items listed 
immediately above: Minimum width of tire tread contact on sand, 8 in. 
each wheel. Tires with regular mud/snow grip tread, not acceptable. 
Provided, That the Superintendent may issue a single trip permit for a 
vehicle of greater weight or length when such use is not inconsistent 
with the purposes of the regulations.
    (iii) Before issuing a permit, the Superintendent may check the 
vehicle to determine whether it complies with the requirements of 
paragraphs (b)(2)(ii) (A) through (D) of this section.
    (iv) Oversand permits are not transferable and shall be carried by 
the operator of the vehicle for which it has been issued while traveling 
in the park. It shall be displayed as directed by the Superintendent at 
the time of issuance.
    (3) Authorized and prohibited travel. (i) Except as otherwise 
provided in this section and in applicable sections of parts 2 and 4 of 
this chapter, travel by oversand vehicles is permitted south of 
Assateague State Park, daily throughout the year at any time, on a 
designated oversand route bayward of the primary dune and on designated 
portions of a beach seaward of the primary dune.
    (ii) Travel by motorcycles is permitted only on public highways and 
parking areas within the park area.
    (iii)(A) Travel by self-contained vehicles is permitted under 
paragraph (b)(3)(i) of this section provided that no overnight parking 
is allowed on a beach seaward of the primary dunes at any time.
    (B) South of Assateague State Park such vehicles may use designated 
self-contained areas bayward of the primary dunes for overnight parking. 
Except, That towed travel trailers may travel no farther south than the 
northern limits of the Big Fox Levels.

[[Page 109]]

    (iv) Travel by oversand vehicles, other than authorized emergency 
vehicles, is prohibited on the following portions of the park area 
subject, however, to existing rights of ingress and egress.
    (A) Between the Assateague State Park and the Ocean City Inlet.
    (B) On the beach seaward of the primary dune within designated 
portions of the North Beach public use complex.
    (C) Provided, however, That the Superintendent may establish times 
when oversand vehicles may use a portion of the beach in a public use 
complex by posting appropriate signs or marking on a map available at 
the office of the Superintendent--or both.
    (4) Rules of the road. (i) Oversand vehicles shall be operated only 
in established tracks on designated portions of the park area. No such 
vehicles shall be operated on any portion of a dune except at posted 
crossings nor shall such vehicles be driven so as to cut circles or 
otherwise needlessly deface the sand.
    (ii) Oversand vehicles shall not be parked so as to interfere with 
the flow of traffic on designated oversand routes. Such vehicles may not 
park overnight on a beach seaward of the primary dune unless one member 
of the party is actively engaged in fishing at all times. Towed travel 
trailers used as self-contained vehicles in the off-road portion of the 
park area may not be parked on a beach seaward of the primary dunes.
    (iii) Upon approaching or passing within 100 feet of a person on 
foot, the operator of an oversand vehicle shall reduce speed to 15 miles 
per hour. Speed at other times on any designated oversand route shall 
not exceed 25 miles per hour.
    (iv) When two vehicles approach from opposite directions in the same 
track, both operators shall reduce speed; and the operator with the 
ocean on his right shall pull out of the track to allow the other 
vehicle to pass.
    (v) Passengers shall not ride on the fenders, hood, roof, or 
tailgate, or in any other position outside of a moving oversand vehicle; 
and such vehicles shall not be used to tow a person on any recreational 
device over the sand or in the air or water of the park area.
    (vi) During an emergency, the Superintendent may close the park; or 
he may suspend for such period as he shall deem advisable any or all of 
the foregoing regulations in the interest of public safety; and he may 
announce such closure or suspension by whatever means are available.

[35 FR 45, Jan. 3, 1970, as amended at 39 FR 31633, Aug. 30, 1974; 41 FR 
15008, Apr. 9, 1976; 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, 
1986]



Sec. 7.66  North Cascades National Park.

    (a) Bait for fishing. The use of nonpreserved fish eggs is 
permitted.
    (b) Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow, and depending on local weather conditions, the 
superintendent may designate as open to the use of snowmobiles the 
following locations within the National Park:
    (1) The Cascade River Road between the park boundary and the Cascade 
Pass Trailhead parking area.
    (2) The Stehekin Valley Road between the park boundary and 
Cottonwood Camp.

[34 FR 11545, July 12, 1969, as amended at 49 FR 19652, May 9, 1984]



Sec. 7.67  Cape Cod National Seashore.

    (a) Off-road operation of motor vehicles.
    (1) What do I need to do to operate a vehicle off road? To operate a 
vehicle off road at Cape Cod National Seashore, you must meet the 
requirements in paragraphs (b) through (e) of this section. You also 
must obtain a special permit if you:
    (i) Will use an oversand vehicle (see paragraphs (a)(6) and (a)(7) 
of this section for details);
    (ii) Will use an oversand vehicle to camp (see paragraph (a)(8) of 
this section for details); or
    (iii) Are a commercial operator (see paragraph (a)(9) of this 
section for details).
    (2) Where and when can I operate my vehicle off road? You may 
operate a vehicle off road only under the conditions specified in the 
following table. However, the Superintendent may close any access or 
oversand route at any

[[Page 110]]

time for weather, impassable conditions due to changing beach 
conditions, or to protect resources.

------------------------------------------------------------------------
                 Route                      When you may use the route
------------------------------------------------------------------------
On the outer beach between the opening   April 15 through November 15,
 to Hatches Harbor, around Race Point     except Exit 8 to High Head
 to High Head, including the North and    which is closed April 1
 South Beach access routes at Race        through July 20.
 Point and the bypass route at Race
 Point Light.
Off road vehicle corridor from Exit 8    July 21 through November 15.
 to High Head.
Access road at High Head from the        January 1 through December 31.
 inland parking area to the primary
 dune.
Designated dune parking area at High     January 1 through December 31.
 Head (for fishing only).
Power Line Route access and fishing      Only when the Superintendent
 parking area.                            opens the route due to high
                                          tides, beach erosion,
                                          shorebird closure or other
                                          circumstances which will, as a
                                          result, warrant public use of
                                          this access way.
On controlled access routes for          January 1 through December 31.
 residents or caretakers of individual
 dune cottages in the Province Lands.
On commercial dune taxi routes           April 15 through November 15.
 following portions of the outer beach
 and cottage access routes as described
 in the appropriate permit.
On the outer beach from High Head to     July 1 through August 31.
 Head of the Meadow.
Coast Guard beach in Truro to Long Nook  April 15 through November 15
 beach.                                   (hours posted).
------------------------------------------------------------------------

    (3) May I launch a boat from a designated route? Boat trailering and 
launching by a permitted vehicle from a designated open route corridor 
is permitted.
    (4) What travel restrictions and special rules must I obey? You must 
comply with all applicable provisions of this chapter, including part 4, 
as well as the specific provisions of this section.
    (i) On the beach, you must drive in a corridor extending from a 
point 10 feet seaward of the spring high tide drift line to the berm 
crest. You may drive below the berm crest only to pass a temporary cut 
in the beach, and you must regain the crest immediately following the 
cut. Delineator posts mark the landward side of the corridor in critical 
areas.
    (ii) On an inland oversand route, you must drive only in a lane 
designated by pairs of delineator posts showing the sides of the route.
    (iii) An oversand route is closed at any time that tides, nesting 
birds, or surface configuration prevent vehicle travel within the 
designated corridor.
    (iv) When two vehicles meet on the beach, the operator of the 
vehicle with the water on the left must yield, except that self-
contained vehicles always have the right of way.
    (v) When two vehicles meet on a single-lane oversand route, the 
operator of the vehicle in the best position to yield must pull out of 
the track only so far as necessary to allow the other vehicle to pass 
safely, and then must back into the established track before resuming 
the original direction of travel.
    (vi) If you make a rut or hole while freeing a stuck vehicle, you 
must fill the rut or hole before you remove the vehicle from the 
immediate area.
    (5) What activities are prohibited? The following are prohibited:
    (i) Driving off a designated oversand route.
    (ii) Exceeding a speed of 15 miles per hour unless posted otherwise.
    (iii) Parking a vehicle in an oversand route so as to obstruct 
traffic.
    (iv) Riding on a fender, tailgate, roof, door or any other location 
on the outside of a vehicle.
    (v) Driving a vehicle across a designated swimming beach at any time 
when it is posted with a sign prohibiting vehicles.
    (vi) Operating a motorcycle on an oversand route.
    (6) What special equipment must I have in my vehicle? You must have 
in your vehicle all the equipment required by the Superintendent, 
including:
    (i) Shovel;
    (ii) Tow rope, chain, cable or other similar towing device;
    (iii) Jack;
    (iv) Jack support board;
    (v) Low air pressure tire gauge; and
    (vi) Five tires that meet or exceed established standards.

[[Page 111]]

    (7) What requirements must I meet to operate an oversand vehicle? 
You may operate an oversand vehicle only if you first obtain an oversand 
permit from the Superintendent. The Superintendent administers the 
permit system for oversand vehicles and charges fees that are designed 
to recover NPS administrative costs.
    (i) The oversand permit is a Special Use Permit issued under the 
authority of 36 CFR 1.6 and 4.10. You must provide the following 
information for each vehicle for which you request a permit:
    (A) Name and address of registered owner;
    (B) Driver's license number and State of issue;
    (C) Vehicle license plate number and State of issue; and
    (D) Vehicle description, including year, make, model and color; 
make, model and size of tires.
    (ii) Before we issue a permit, you must:
    (A) Demonstrate that your vehicle is equipped as required in 
paragraph (a)(6) of this section;
    (B) Provide evidence that you have complied with all Federal and 
State licensing registering, inspecting and insurance regulations; and
    (C) View an oversand vehicle operation educational program and 
ensure that all other potential operators view the same program.
    (iii) The Superintendent will affix the permit to your vehicle at 
the time of issuance.
    (iv) You must not transfer your oversand permit from one vehicle to 
another.
    (8) What requirements must I meet to operate an oversand vehicle in 
the off season?
    To operate an oversand vehicle between November 16 and April 14, you 
must obtain from the Superintendent an oversand permit and a limited 
access pass. We will issue you a limited access pass if you have a valid 
oversand permit (see paragraph (a)(7) of this section) and if you have 
viewed an educational program that outlines the special aspects of off 
season oversand use.
    (i) You may operate a vehicle during the off-season only on the 
portion of the beach between High Head and Hatches Harbor.
    (ii) You must not operate a vehicle during the off-season within two 
hours either side of high tide.
    (iii) We may issue a limited access pass for the following purposes:
    (A) Access to town shellfish beds at Hatches Harbor;
    (B) Recovery of personal property, flotsam and jetsam from the 
beach;
    (C) Caretaker functions at a dune cottage; or
    (D) Fishing.
    (9) What requirements must I meet to use an oversand vehicle for 
camping? You may use an oversand vehicle to camp on the beach only in 
the manner authorized in this section or as authorized by the 
Superintendent through another approved permitting process.
    (i) You must possess a valid permit issued under paragraph (a)(7) of 
this section.
    (ii) You may camp only in a self-contained vehicle that you park in 
a designated area. A self-contained vehicle has a self-contained water 
or chemical toilet and a permanently installed holding tank with a 
minimum capacity of 3 days waste material. There are two designated 
areas with a maximum combined capacity of 100 vehicles.
    (A) You must drive the self-contained vehicle off the beach to empty 
holding tanks at a dumping station at intervals of no more than 72 
hours.
    (B) Before returning to the beach, you must notify the Oversand 
Station as specified by the Superintendent.
    (iii) You must not drive a self-contained vehicle outside the limits 
of a designated camping area except when entering or leaving the beach 
by the most direct authorized route.
    (iv) You are limited to a maximum of 21 days camping on the beach 
from July 1 through Labor Day.
    (10) What special requirements must I meet if I have a commercial 
vehicle?
    (i) To operate a passenger vehicle for hire on a designated oversand 
route, you must obtain a permit from the Superintendent. The 
Superintendent issues the permit under the authority of 36 CFR 1.6, 4.10 
and 5.6.
    (ii) You must obey all applicable regulations in this section and 
all applicable Federal, State and local regulations concerning vehicles 
for hire.

[[Page 112]]

    (iii) You must provide the following information for each vehicle 
that will use a designated oversand route:
    (A) Name and address of tour company and name of company owner;
    (B) Make and model of vehicle;
    (C) Vehicle license plate number and State of issue; and
    (D) Number of passenger seats.
    (11) How will the Superintendent manage the off-road vehicle 
program?
    (i) The Superintendent will issue no more than a combined total of 
3400 oversand permits annually, including self-contained permits.
    (ii) The Superintendent will monitor the use and condition of the 
oversand routes to review the effects of vehicles on natural, cultural, 
and aesthetic resources in designated corridors. If the Superintendent 
finds that resource degradation or visitor impact is occurring, he/she 
may amend, rescind, limit the use of, or close designated routes. The 
Superintendent will do this consistent with 36 CFR 1.5 and 1.7 and all 
applicable Executive Orders;
    (iii) The Superintendent will consult with the Cape Cod National 
Seashore Advisory Commission regarding management of the off-road 
vehicle program.
    (iv) The Superintendent will recognize and use volunteers to provide 
education, inventorying, monitoring, field support, and other activities 
involving off-road vehicle use. The Superintendent will do this in 
accordance with 16 U.S.C. 18 g-j.
    (v) The Superintendent will report annually to the Secretary of the 
Interior and to the public the results of the monitoring conducted under 
this section, subject to availability of funding.
    (12) What are the penalties for violating the provisions of this 
section? Violation of a term or condition of an oversand permit issued 
in accordance with this section is prohibited. A violation may also 
result in the suspension or revocation of the permit.
    (13) Has OMB approved the collection of information in this section? 
As required by 44 U.S.C. 3501 et seq., the Office of Management and 
Budget has approved the information collection requirement contained in 
this section. The OMB approval number is 1024-0026. We are collecting 
this information to allow the Superintendent to issue off-road vehicle 
permits. You must provide the information in order to obtain a permit.
    (b) Aircraft. (1) Land based aircraft may be landed only at the 
Provincetown Airport approximately one-half mile south of Race Point 
Beach in the Provincelands area.
    (2) Float equipped aircraft may be landed only on federally 
controlled coastal water in accordance with Federal, State, and local 
laws and regulations.
    (c) Motorboats. Motorboats are prohibited from all federally owned 
ponds and lakes within the seashore in Truro and Provincetown.
    (d) Shellfishing. Shellfishing, by permit from the appropriate town, 
is permitted in accordance with applicable Federal, State, and local 
laws.
    (e) Public nudity. Public nudity, including public nude bathing, by 
any person on Federal land or water within the boundaries of Cape Cod 
National Seashore is prohibited. Public nudity is a person's intentional 
failure to cover with a fully opaque covering that person's own 
genitals, pubic areas, rectal area, or female breast below a point 
immediately above the top of the areola when in a public place. Public 
place is any area of Federal land or water within the Seashore, except 
the enclosed portions of bathhouses, restrooms, public showers, or other 
public structures designed for similar purposes or private structures 
permitted within the Seashore, such as trailers or tents. This 
regulation shall not apply to a person under 10 years of age.
    (f) Hunting. (1) Hunting is allowed at times and locations 
designated as open for hunting.
    (2) Only deer, upland game, and migratory waterfowl may be hunted.
    (3) Hunting is prohibited from March 1 through August 31 of each 
year.

[35 FR 8446, May 29, 1970, as amended at 40 FR 12789, Mar. 21, 1975; 40 
FR 19197, May 2, 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, Aug. 1, 
1985; 63 FR 9147, Feb. 24, 1998]



Sec. 7.68  Russell Cave National Monument.

    (a) Caves--(1) Closed Areas. Entering, exploring, or remaining 
within any

[[Page 113]]

cave area other than the public archeological exhibit without prior 
written permission of the Superintendent is prohibited.
    (2) Permits. Permits for entry into other than public exhibit areas 
of the cave will be issued within limitations of safety provided the 
applicant satisfies the Superintendent that he has proper equipment for 
cave exploration, such as lighting equipment, protective headwear, and 
appropriate shoes or boots. Other reasonable administrative requirements 
may be imposed by the Superintendent provided reasonable notice of these 
requirements is given to the applicant.
    (3) Solo Exploration. Solo exploration is not permitted in the caves 
other than in the public archeological exhibit areas.

[35 FR 7557, May 15, 1970]



Sec. 7.69  Ross Lake National Recreation Area.

    (a) Snowmobiles. After consideration of existing special situations, 
i.e., depth of snow, and depending on local weather conditions, and 
subject to any and all restrictions or prohibitions further imposed by 
the State of Washington on Highway 20, the superintendent may designate 
as open to the use of snowmobiles the following locations within the 
Ross Lake National Recreation Area:
    (1) State Highway 20, that portion normally closed to motor vehicles 
during the winter season.
    (2) The Hozomeen entrance road from the U.S./Canadian border to the 
end of the road at East Landing.
    (3) Access and circulatory roads in the Hozomeen developed area 
normally open to public motor vehicle use.
    (4) The Thornton Lake Road from State Highway 20 to Thornton Lake 
Trailhead parking area.
    (5) The Damnation Creek Road from its junction with the Thornton 
Lake Road to the North Cascades National Park boundary.
    (6) The Newhalem Creek Road from State Highway 20 to its junction 
with the down-river road on the south side of the Skagit River.
    (7) The down-river road on the south side of the Skagit River from 
its junction with the Newhalem Creek Road to the end of the road across 
the Skagit River from the mouth of Sky Creek.
    (b) Aircraft. The operation of aircraft is allowed on the entire 
water surface of Diablo Lake and Ross Lake, except that operating an 
aircraft under power on water surface areas within 1,000 feet of Diablo 
Dam or Ross Dam or on those posted as closed for fish spawning is 
prohibited.
    (c) Weapons. The following location is designated for target 
practice between the hours of sunrise and sunset, subject to all 
applicable Federal, State, and local laws: in the SE \1/4\ of sec. 19, 
and the NE \1/4\ of sec. 30, T. 37 N., R. 12 E., WM, approximately 200 
yards northwest of State Route 20 near mile marker 119, the area known 
as the Newhalem rifle range.

[49 FR 19652, May 9, 1984 as amended at 50 FR 51856, Dec. 20, 1985; 54 
FR 48869, Nov. 28, 1989]



Sec. 7.70  Glen Canyon National Recreation Area.

    (a) Designated airstrips. (1) Wahweap, latitude 36 deg.59'45" N., 
longitude 111 deg.30'45" W.
    (2) Bullfrog, latitude 37 deg.33'00" N., longitude 110 deg.42'45" W.
    (3) Halls Crossing, latitude 37 deg.28'10" N., longitude 
110 deg.42'00" W.
    (4) Hite, latitude 37 deg.53'30" N., longitude 110 deg.23'00" W.
    (5) Gordon Flats, latitude 38 deg.10'30" N., longitude 
110 deg.09'00" W.
    (6) The entire surface of Lake Powell, subject to the restrictions 
contained in Sec. 2.17 of this chapter.
    (b) Unattended property. Vehicles or boat trailers, or vehicle/boat 
trailer combinations, may be left unattended for periods of up to 14 
days, when parked in parking areas adjacent to designated boat launching 
sites, without the prior permission of the Superintendent. Any vehicle 
or boat trailer or vehicle/boat trailer combination which is left in 
parking areas adjacent to designated boat launching sites for over 14 
days may be impounded by the Superintendent.
    (c) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facility sealed to prevent discharge. Chemical

[[Page 114]]

or other type marine toilets with approved holding tanks or storage 
containers shall be permitted but will be discharged or emptied only at 
designated sanitary pumping stations.
    (d)  [Reserved]
    (e) Colorado River white-water boat trips. The following regulations 
shall apply to all persons using the waters of, or Federally owned land 
administered by the National Park Service along the Colorado River 
within Glen Canyon National Recreation Area, from the Lees Ferry launch 
ramp downstream to the eastern boundary of Grand Canyon National Park:
    (1) No person shall operate a vessel engaging in predominantly 
upstream travel or having a total horsepower in excess of 55 without a 
permit from the Superintendent.
    (2) U.S. Coast Guard approved life preservers shall be worn by every 
person while traveling in boats or rafts on this section of the river, 
or while lining or portaging near rough water. One extra preserver must 
be carried on each vessel for each ten (10) passengers.
    (3) No person shall conduct, lead or guide a river trip through Glen 
Canyon Recreation Area unless such person possesses a permit issued by 
the Superintendent of Grand Canyon National Park. The National Park 
Service reserves the right to limit the number of such permits issued, 
or the number of persons traveling on trips authorized by such permits 
when in the opinion of the National Park Service such limitations are 
necessary in the interest of public safety or protection of the 
ecological and environmental values of the area.
    (i) The Superintendent of Grand Canyon National Park shall issue a 
permit upon a determination that the person leading, guiding, or 
conducting a river trip is experienced in running rivers in white-water 
navigation of similar difficulty, and possesses appropriate equipment, 
which is identified in the terms and conditions of the permit.
    (ii) No person shall conduct, lead, guide, or outfit a commercial 
river trip without first securing the above permit and possessing an 
additional permit authorizing the conduct of a commercial or business 
activity in the recreation area.
    (iii) An operation is commercial if any fee, charge, or other 
compensation is collected for conducting, leading, guiding, or 
outfitting a river trip. A river trip is not commercial if there is a 
bona fide sharing of actual expenses.
    (4) All human waste will be taken out of the Canyon and deposited in 
established receptacles, or will be disposed of by such means as is 
determined by the Superintendent.
    (5) No person shall take a dog, cat, or other pet on a river trip.
    (6) The kindling of a fire is permitted only on beaches. All fires 
must be completely extinguished only with water before abandoning the 
area.
    (7) Swimming and bathing are permitted except in locations 
immediately above rapids, eddies, and riffles or near rough water.
    (8) No camping is allowed along the Colorado River bank between the 
Lees Ferry launch ramp and the Navajo Bridge.
    (9) All persons issued a river trip permit shall comply with all 
terms and conditions of the permit.
    (f) Assembly and launching of river rafts and boats. The following 
regulations shall apply to all persons designated under paragraph (e) of 
this section (Colorado white-water trips):
    (1) The assembly and launching of rafts or boats, and parking or 
storing of any related equipment or supplies is restricted to those 
areas designated by the Superintendent.
    (2) Within such designated areas, the Superintendent may assign or 
limit space and designate time periods of operation for each individual 
river trip or operator.

[32 FR 5424, Mar. 31, 1967, as amended at 33 FR 11358, Aug. 9, 1968; 34 
FR 2206, Feb. 14, 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, Dec. 8, 
1971; 40 FR 27030, June 26, 1975; 41 FR 27723, July 6, 1976; 42 FR 
25857, May 20, 1977; 48 FR 30295, June 30, 1983]



Sec. 7.71  Delaware Water Gap National Recreation Area.

    (a)  [Reserved]
    (b) Designated snowmobile routes. (1) A route in Middle Smithfield 
Township, Monroe County, Pennsylvania, bounded by the Delaware River on 
the east and Hidden Lake on the west. The route begins at the Smithfield 
Beach parking

[[Page 115]]

area and is in two loops. Loop One is a small trail approximately 3 
miles long and follows the west bank of the Delaware River and closely 
parallels the east side of L. R. 45012 (commonly known as the River 
Road). Loop Two is approximately 6 miles long and begins at the 
northwest end of Loop One; it goes northeasterly between the Delaware 
River and River Road for about one mile until it crosses River Road; 
then southwesterly along the ridge which is south of Hidden Lake to a 
point opposite the west end of Hidden Lake, and then goes southeasterly 
until it returns to Loop One near River Road. Maps of the route are 
available at Smithfield Beach and at the office of the superintendent. 
Both loops are marked by appropriate signs.
    (2) [Reserved]
    (c) Technical rock climbing--(1) Definition. The term ``technical 
rock climbing'' is defined to mean climbing where such technical 
climbing aids as pitons, carabiners or snap links, ropes, expansion 
bolts, or other mechanical equipment are used to make the climb.
    (2) Registration. Registration is required with the Superintendent 
prior to any technical rock climbing. The registrant is required to 
notify the Superintendent upon completion of the climb.
    (d) Commercial Vehicles. (1) Notwithstanding the prohibition of 
commercial vehicles set forth at Sec. 5.6 of this chapter, the following 
commercial vehicles are authorized to use that portion of U.S. Highway 
209 located within the Delaware Water Gap National Recreation Area:
    (i) Those operated by businesses based within the recreation area;
    (ii) Those operated by businesses which as of July 30, 1983, 
operated a commercial vehicular facility in Monroe, Pike, or Northampton 
Counties, PA, and the vehicle operation originates or terminates at such 
facility;
    (iii) On a first come-first served basis, up to 125 northbound and 
up to 125 southbound commercial vehicles per day serving businesses or 
persons in Orange County, Rockland County, Ulster County or Sullivan 
County, New York; and
    (iv) Those operated in order to provide services to businesses and 
persons located in or contiguous to the boundaries of the recreation 
area.
    (2) Contiguous Areas. All land within the exterior boundaries of 
Lehman, Delaware, Milford, Dingman, Stroud, Westfall, Middle Smithfield, 
Smithfield and Upper Mount Bethel townships is deemed contiguous to the 
recreation area.
    (e) Commercial vehicle fees--(1) Fee Schedule: Fees are charged for 
those commercial vehicular uses described in paragraphs (d)(1)(i), (ii) 
and (iii) of this section based on the number of axles and wheels on a 
vehicle, regardless of load or weight, as follows:

(i) Two-axle car, van or pickup................................       $1
(ii) Two-axle 4-wheel vehicle with trailer.....................        2
(iii) Two-axle 6-wheel vehicle.................................        3
(iv) Three-axle vehicle........................................        4
(v) Four-axle vehicle..........................................        6
(vi) Five or more-axle vehicle.................................  .......
 


The fees charged are for one trip, one way.
    (2) Exceptions. The following commercial vehicles are exempt from 
the commercial fee requirements.
    (i) Vehicles necessary to provide services to businesses or persons 
within, or contiguous to the recreation area.
    (ii) Any vehicle owned by a Federal, State or municipal agency.
    (iii) Any vehicle owned or operated by a publicly owned utility 
company.
    (iv) Any vehicle operated by a non-profit or educational 
organization.
    (v) Any commercially licensed vehicle or vehicle otherwise 
identified as a commercial vehicle, when at that particular time it is 
being used for non-commercial purposes.
    (f) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (g) Fishing. Unless otherwise designated, fishing in any manner 
authorized under applicable State law is allowed.

[34 FR 13595, Aug. 23, 1969, as amended at 47 FR 4256, Jan. 29, 1982; 48 
FR 30295, June 30, 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR 9421, 
Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; 50 FR 34130, Aug. 23, 1985; 
51 FR 40419, Nov. 7, 1986; 52 FR 34777, Sept. 15, 1987]

[[Page 116]]



Sec. 7.72  Arkansas Post National Memorial.

    (a) Launching, beaching, or landing of vessels. Except in 
emergencies, no vessel shall be launched, beached, or landed from or on 
lands within the Arkansas Post National Memorial.

[35 FR 13206, Aug. 19, 1970]



Sec. 7.73  Buck Island Reef National Monument.

    (a)  [Reserved]
    (b) Marine operations. No dredging, excavating or filling operations 
of any kind are permitted, and no equipment, structures, byproducts or 
excavated materials associated with such operations may be deposited in 
or on the waters or ashore within the boundaries of the Monument.
    (c) Wrecks. No person shall destroy molest, remove, deface, displace 
or tamper with wrecked or abandoned waterborne craft of any type or 
condition, or any cargo pertaining thereto, unless permitted in writing 
by an authorized official of the National Park Service.
    (d) Boats. (1) No watercraft shall be operated in such a manner, nor 
shall anchors or any other mooring device be cast or dragged or placed, 
so as to strike or otherwise cause damage to any underwater features.
    (2) Anchoring or maneuvering watercraft within the waters that 
contain underwater marked swimming trails and interpretive signs is 
prohibited.
    (3) All watercraft, carrying passengers for hire, shall comply with 
applicable regulations and laws of the U.S. Coast Guard and Territory of 
the Virgin Islands.
    (e) Fishing. (1) Taking of fishes or any other marine life in any 
way except with rod or line, the rod or line being held in the hand, is 
prohibited: Provided, That fish may be taken by pots or traps of 
conventional Virgin Islands design and not larger than five feet at the 
greatest dimension, and bait fish may be taken by nets of no greater 
overall length than 20 feet and of mesh not larger than 1 inch 
stretched: Provided further, That paragraphs (e) (3), (4), and (5) of 
this section shall apply.
    (2) The use or possession of any type of spearfishing equipment 
within the boundaries of the Monument is prohibited.
    (3) The species of crustaceans known as Florida Spiny Lobster 
(Panulirus argus) may be taken by hand or handheld hook or snare. No 
person shall take female lobsters with eggs; or take more than two 
lobsters per person per day; or have in possession more than two days' 
limit: Provided, That paragraph (e)(5) of this section shall apply.
    (4) Species of mollusks commonly known as whelks and conchs may be 
taken by hand. No person shall take more than two conchs or one gallon 
of whelks, or both, per day, or have in possession more than two days' 
limit; Provided, That paragraph (e) (5) of this section shall apply.
    (5) All known means of taking fish, crustaceans, mollusks, turtles, 
or other marine life are prohibited between the outer fringes of the 
barrier reef and the shore line of Buck Island eastward of the 
recognizable extremities of the sand beach on the north and south sides 
of the island.

[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30295, June 30, 1983]



Sec. 7.74  Virgin Islands National Park.

    (a)  [Reserved]
    (b) Marine operations. No dredging, excavating or filling operations 
of any kind are permitted, and no equipment, structures, byproducts or 
excavated materials associated with such operations may be deposited in 
or on the waters or ashore within the boundaries of the Park.
    (c) Wrecks. No person shall destroy, molest, remove, deface, 
displace or tamper with wrecked or abandoned waterborne craft of any 
type or condition, or any cargo pertaining thereto unless permitted in 
writing by an authorized official of the National Park Service.
    (d) Boats. (1) No watercraft shall be operated in such a manner, nor 
shall anchors or any other mooring device be cast or dragged or placed, 
so as to strike or otherwise cause damage to any underwater features.
    (2) Anchoring or maneuvering watercraft within the waters that 
contain underwater marked swimming trails and interpretive signs is 
prohibited.

[[Page 117]]

    (3) Vessels desiring to enter Trunk Bay must enter and depart 
between the two outer buoys delineating the prescribed anchorage area, 
and shall anchor within described area, and no other, making sure the 
vessel will lie within this area regardless of wind or sea conditions: 
Except, that hand-propelled craft may be used to transport passengers 
and equipment between the anchorage area and the beach.
    (4) All vessels carrying passengers for hire shall comply with 
applicable laws and regulations of the United States Coast Guard and 
Territory of the Virgin Islands.
    (e) Fishing. (1) Taking of fishes or any other marine life in any 
way except with rod or line, the rod or line being held in the hand, is 
prohibited: Provided, That fish may be taken by pots or traps of 
conventional Virgin Islands design and not larger than five feet at the 
greatest dimension, and bait fish may be taken by nets of no greater 
overall length than 20 feet and of mesh not larger than 1 inch 
stretched: Provided further, That paragraphs (e) (3), (4), and (5) of 
this section shall apply.
    (2) The use or possession of any type of spearfishing equipment 
within the boundaries of the park is prohibited.
    (3) The species of crustaceans known as Florida Spiny Lobster 
(Panulirus argus) may be taken by hand or hand-held hook. No person 
shall take female lobsters with eggs; or take more than two lobsters per 
person per day; or have in possession more than two days' limit: 
Provided, That paragraph (e)(5) of this section shall apply.
    (4) Species of mollusks commonly known as whelks and conchs may be 
taken by hand. No person shall take more than two conchs or one gallon 
of whelks, or both, per day, or have in possession more than two days' 
limit: Provided, That paragraph (e)(5) of this section shall apply.
    (5) All known means of taking fish, crustaceans, mollusks, turtles, 
or other marine life are prohibited in Trunk Bay and in other waters 
containing underwater signs and markers.

[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30296, June 30, 1983]



Sec. 7.75  Padre Island National Seashore.

    (a) Off-road motor vehicle and motorcycle operation. (1) The 
following regulations pertain to the operation of motor vehicles and 
motorcycles off established roads and parking areas. The operation of 
such vehicles and motorcycles is subject also to the applicable 
provisions of part 4 of this chapter and paragraphs (e) and (g) of this 
section.
    (i) No person may operate a motor vehicle or motorcycle without a 
valid operator's license or learner's permit in his possession; an 
operator who has a learner's permit must be accompanied by an adult who 
has a valid operator's license; a driver's license or learner's permit 
must be displayed upon the request of any authorized person.
    (ii) In addition to the requirements of Sec. 4.10 of this chapter, 
every motor vehicle and motorcycle must have an operable horn, 
windshield wiper or wipers (except motorcycles), brake light or lights, 
and rearview mirror.
    (iii) Motor vehicles and motorcycles must have valid license plates.
    (iv) Every motor vehicle and motorcycle must have a valid State 
vehicle inspection certificate when such certificate is required for 
highway use in the State in which the vehicle is licensed.
    (v) When two motor vehicles or motorcycles meet on the beach, the 
operator of the vehicle in southbound traffic shall yield the right-of-
way, where necessary, by turning out of the track to the right.
    (2) Off-road motor vehicle and motorcycle use areas and routes. The 
following routes and areas are open to such vehicles: (i) Travel is 
permitted on all of the beach adjacent to the Gulf of Mexico, except for 
the approximately 4\1/2\ miles of beach between the North and South 
Beach Access Roads.
    (ii) The route west of Big Shell Beach, locally known as the Back 
Road. This route begins on the beach adjacent to the Gulf of Mexico 
approximately three miles south of Yarborough Pass and returns to the 
beach approximately 15 miles south of Yarborough Pass.
    (iii) The route beginning on the beach adjacent to the Gulf of 
Mexico approximately 11 miles south of

[[Page 118]]

Yarborough Pass and ending with its intersection with the Back Road 
approximately one mile west of the beach. This route is locally known as 
the Dunn Ranch Road.
    (iv) Travel is permitted in an area within 200 feet of the north 
bank of the Mansfield Channel, beginning on the beach adjacent to the 
Gulf of Mexico and ending approximately \3/4\ mile west of the beach.
    (b) Hunting. (1) Hunting is prohibited, except that during the open 
season prescribed by State and Federal agencies, the hunting of 
waterfowl is allowed upon the waters of Laguna Madre wherever a floating 
vessel of any type is capable of being operated, at whatever tide level 
may exist. Provided, however, that the waters surrounding North and 
South Bird Islands and other designated rookery islands are closed to 
all hunting as posted. Hunting, where authorized, is allowed in 
accordance with all applicable Federal, State and local laws for the 
protection of wildlife.
    (2) The erecting of a structure for use as a hunting blind is 
prohibited except that a temporary blind may be used when removed at the 
end of each hunting day.
    (c)--(d) [Reserved]
    (e) Prohibited vehicle operations. The following operations are 
prohibited on and off established roads and parking areas.
    (1) The use of ground effect or aircushion vehicles is prohibited.
    (2) The use of vehicles propelled by the wind, commonly known as 
sail cars, is prohibited.
    (3) Towing of persons behind vehicles on a sled, box, skis, 
surfboard, parachute, or in any other way is prohibited.
    (4) Riding on fenders, tailgate, roof, or any other position outside 
of the vehicle is prohibited.
    (f) [Reserved]
    (g) Speed. Except where different speed limits are indicated by 
posted signs or markers, speed of automobiles and other vehicles shall 
not exceed 25 miles per hour where driving is permitted on the beach.
    (h) Mineral exploration and extraction--(1) Scope. The regulations 
in this paragraph are made, prescribed, and published pursuant to the 
Act of September 28, 1962, 76 Stat. 651, 16 U.S.C. 459d-3 (1964), to 
provide for the occupation and use of so much of the surface of the land 
or waters within the Padre Island National Seashore--for all purposes 
reasonably incident to the mining and removal of oil and gas minerals 
and of other minerals which can be removed by similar means--in a manner 
that will be consistent with development of recreational facilities by 
the Secretary of the Interior, with surface use of the lands and waters 
in the Seashore by the public for recreational purposes and with 
preservation of the area's natural features and values. The provisions 
of these regulations shall govern also any right of occupation or use of 
the surface within the boundaries of the Seashore, granted by the 
Secretary subsequent to April 11, 1961, for the exploration, 
development, production, storing, processing or transporting of oil and 
gas minerals that are removed from outside the boundaries of the 
Seashore. They shall not apply to such rights of occupation or use 
existing on April 11, 1961, which are reasonably necessary.
    (2) Operator. As used in this paragraph, an operator shall mean 
anyone who in accordance with the provisions of the aforesaid Act of 
September 28, 1962, possesses the right (whether as owner of a mineral 
interest, lessee, holder of operating rights, or otherwise), to mine or 
remove minerals from lands within the Padre Island National Seashore or 
the right to occupy or use the surface of Seashore lands for the 
exploration, development, production, storing, processing or 
transporting of oil and gas minerals that are removed from outside the 
boundaries of the Seashore.
    (3)Exercise of non-Federal Oil and Gas Rights. Before entering the 
National Seashore for the purpose of conducting any operations pursuant 
to a mineral interest authorized under the Act providing for 
establishment of the Seashore, the operator shall comply with the 
requirements of part 9, subpart B of this chapter.
    (4) All activities relating to the exercise of mineral interests 
which take place within the boundaries of the park

[[Page 119]]

shall be in accordance with an approved Plan of Operations.
    (5) Applicability of State laws. All operators, as defined in 
subparagraph (2) of this paragraph shall abide by all rules and 
regulations as may be prescribed by the Texas Railroad Commission or 
other authority of the State of Texas.

[31 FR 3458, Mar. 5, 1966, as amended at 39 FR 40156, Nov. 14, 1974; 43 
FR 6229, Feb. 14, 1978; 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, 
1986; 52 FR 10686, Apr. 2, 1987]



Sec. 7.76  Wright Brothers National Memorial.

    (a) Designated airstrip. Wright Brothers National Memorial Airstrip, 
located at Kill Devil Hills, N.C.
    (b) Use of airstrip. Except in emergencies, no aircraft may be 
parked, stopped, or left unattended at the designated airstrip for more 
than 24 consecutive hours, or for more than a total of 48 hours during 
any 30-day period.

[32 FR 2564, Feb. 7, 1967]



Sec. 7.77  Mount Rushmore National Memorial.

    (a) Climbing Mount Rushmore is prohibited.

[32 FR 13071, Sept. 14, 1967]



Sec. 7.78  Harpers Ferry National Historical Park.

    (a) All persons shall register at park headquarters before climbing 
any portion of the cliff face of Maryland Heights. A registrant shall 
check out, upon completion of climbing, in the manner specified by the 
registering official.

[34 FR 8356, May 30, 1969]



Sec. 7.79  Amistad Recreation Area.

    (a) Hunting. (1) Hunting is allowed at times and locations 
designated as open for hunting.
    (2) The hunting season and species allowed to be taken will be 
designated on an annual basis by the superintendent.
    (3) Deer, javelina, and turkey may be taken only by long bow and 
arrow. Water fowl and game birds may be taken only by shotguns and bird 
shot. The use of all other weapons for hunting is prohibited.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (c) Water sanitation. All vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facility sealed to prevent discharge. Chemical or other type marine 
toilets with approved holding tanks or storage containers shall be 
permitted but will be discharged or emptied only at designated sanitary 
pumping stations.

[34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49 
FR 18451, Apr. 30, 1984]



Sec. 7.80  Sleeping Bear Dunes National Lakeshore.

    (a) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (b) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.

[49 FR 18451, Apr. 30, 1984]



Sec. 7.81  Point Reyes National Seashore.

    (a) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.

[49 FR 18451, Apr. 30, 1984]



Sec. 7.82  Apostle Islands National Lakeshore.

    Fishing. Unless otherwise designated, fishing in a manner authorized 
under applicable State law is allowed.

[49 FR 18451, Apr. 30, 1984]



Sec. 7.83  Ozark National Scenic Riverways.

    (a) Restrictions for motorized vessels. (1) On waters situated 
within the boundaries of Ozark National Scenic Riverways, the use of a 
motorized vessel is limited to a vessel equipped with an outboard motor 
only.
    (2) For the purposes of this section, horsepower ratings on a 
particular motor will be based upon the prevailing industry standard of 
power output at

[[Page 120]]

the propeller shaft as established by the manufacturer.
    (3) The use of a motorized vessel is allowed as follows:
    (i) Above the Big Spring landing on the Current River and below 
Alley Spring on the Jacks Fork River with an outboard motor not to 
exceed 40 horsepower.
    (ii) Above Round Spring on the Current River and above Alley Spring 
on the Jacks Fork River with an outboard motor not to exceed 25 
horsepower.
    (iii) Above Akers Ferry on the Current River from May 1 to September 
15 with an outboard motor not to exceed 10 horsepower.
    (iv) Above Bay Creek on the Jacks Fork River from March 1 to the 
Saturday before Memorial Day with an outboard motor not to exceed 10 
horsepower.
    (4) Operating a motorized vessel other than as allowed in 
Sec. 7.83(a) is prohibited.
    (b) Scuba Diving. (1) Scuba diving is prohibited within all springs 
and spring branches on federally owned land within the boundaries of 
Ozark National Scenic Riverways without a written permit from the 
superintendent.
    (2) Permits. The superintendent may issue written permits for scuba 
diving in springs within the boundaries of the Ozark National Scenic 
Riverways; Provided,
    (i) That the permit applicant will be engaged in scientific or 
educational investigations which will have demonstrable value to the 
National Park Service in its management or understanding of riverways 
resources.
    (ii) [Reserved]
    (c) Commercial Activities. The activities listed herein constitute 
commercial activities which are prohibited within the boundaries of 
Ozark National Scenic Riverways, except in accordance with the 
provisions of a permit, contract, or other written agreement with the 
United States. The National Park Service reserves the right to limit the 
number of such permits, contracts or other written agreements, when, in 
the judgment of the Service, such limitation is necessary in the 
interest of visitor enjoyment, public safety, or preservation or 
protection of the resources or values of the Riverways.
    (1) The sale or rental of any goods or equipment to a member or 
members of the public which is undertaken in the course of an ongoing or 
regular commercial enterprise.
    (2) The performance of any service or activity for a member or 
members of the public in exchange for monetary or other valuable 
consideration.
    (3) The delivery or retrieval within the boundaries of Ozark 
National Scenic Riverways of watercraft or associated boating equipment 
which has been rented to a member or members of the public at a location 
not within the Riverways, when such delivery or retrieval is performed 
by a principal, employee or agent of the commercial enterprise offering 
the equipment for rental and when these services are performed as an 
integral part, necessary complement, or routine adjunct of or to the 
rental transaction, whether or not any charge, either separately or in 
combination with any other charge, is made for these services.
    (4) The performance, by a principal, employee, or agent of a 
commercial enterprise, within the boundaries of Ozark National Scenic 
Riverways of any other service or activity for which a fee, charge or 
other compensation is not collected, but which is an integral part, 
necessary complement, or routine adjunct of or to any commercial 
transaction undertaken by that enterprise for which monetary or other 
valuable consideration is charged or collected, even though such 
transaction is initiated, performed, or concluded outside the boundaries 
of the Riverways.
    (5) The solicitation of any business, employment, occupation, 
profession, trade, work or undertaking, which is engaged in with some 
continuity, regularity or permanency for any livelihood, gain, benefit, 
advantage, or profit.
    (d) Fishing. (1) Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (2) The superintendent may designate times and locations and 
establish conditions under which the digging of bait for personal use is 
allowed.
    (e) Frogs, turtles and crayfish. (1) The superintendent may 
designate times

[[Page 121]]

and locations and establish conditions governing the taking of frogs, 
turtles and/or crayfish upon a written determination that the taking of 
frogs, turtles and/or crayfish:
    (i) Is consistent with the purposes for which the area was 
established; and
    (ii) Will not be detrimental to other park wildlife or the 
reproductive potential of the species to be taken; and
    (iii) Will not have an adverse effect on the ecosystem.
    (2) Violation of established conditions or designations is 
prohibited.

[38 FR 5851, Mar. 5, 1973, as amended at 41 FR 23959, June 14, 1976; 49 
FR 18451, Apr. 30, 1984; 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July 
5, 1991; 56 FR 37158, Aug. 5, 1991]



Sec. 7.84  Channel Islands National Park.

    (a)  [Reserved]
    (b) Wrecks. No person shall destroy, molest, remove, deface, 
displace, or tamper with wrecked and abandoned water or airborne craft 
or any cargo pertaining thereto.
    (c) Fishing. The taking of any fish, crustaceans, mollusk, or other 
marine life shall be in compliance with State regulations except that:
    (1) No invertebrates may be taken in water less than five (5) feet 
in depth.
    (2) The taking of abalone and lobsters for commercial purposes is 
prohibited in the following areas:
    (i) Anacapa Island. Northside to exterior boundary of the monument 
between east end of Arch Rock 119 deg.21'-34 deg.01' and west end of 
island, 119 deg.27'-34 deg.01'.
    (ii) Santa Barbara Island. Eastside to exterior boundary of monument 
119 deg.02'-33 deg.28' and 119 deg.02'-33 deg.29'30".
    (3)(i) The use of all nets is prohibited within the outer edge of 
the kelp line surrounding Anacapa and Santa Barbara Islands.
    (ii) The use of trammel or gill nets is prohibited in less than 20 
fathoms of water in all areas surrounding Anacapa and Santa Barbara 
Islands.
    (4) The Superintendent shall require all persons fishing 
commercially within Channel Islands National Monument, on waters open 
for this purpose, to obtain an annual permit from him. Such permits 
shall be issued on request except that:
    (i) Lobster permits for Anacapa and Santa Barbara Islands will be 
issued only to applicants who filed with the California State Department 
of Fish and Game fish receipts for lobsters caught at Anacapa and Santa 
Barbara Islands during the period July 1, 1968, to July 1, 1971.
    (ii) Abalone permits for Anacapa and Santa Barbara Islands will be 
issued only to applicants who filed with the California State Department 
of Fish and Game fish receipts for abalone caught at Anacapa and Santa 
Barbara Islands during the period July 1, 1968, to July 1, 1971.

[38 FR 5622, Mar. 17, 1973, as amended at 48 FR 30296, June 30, 1983]



Sec. 7.85  Big Thicket National Preserve.

    (a) Hunting. Except as otherwise provided in this section, hunting 
is permitted in accordance with Sec. 2.2 of this chapter.
    (1) Hunting is permitted only during designated seasons, as defined 
for game animals or birds by the State of Texas. During other periods of 
the year, no hunting is permitted.
    (2) During applicable open seasons, only the following may be 
hunted:
    (i) Game animals, rabbits, and feral or wild hogs.
    (ii) Game birds and migratory game birds.
    (3) The use of dogs or calling devices for hunting game animals or 
fur-bearing animals is prohibited.
    (4) The use or construction of stands, blinds or other structures 
for use in hunting or for other purposes is prohibited.
    (b) Trapping. Trapping, for fur-bearing animals only, is permitted 
in accordance with Sec. 2.2 of this chapter.
    (c) Hunting and Trapping Permits. In addition to applicable State 
licenses or permits, a permit from the Superintendent is required for 
hunting or trapping on Preserve lands. Permits will be available, free 
of charge, at Preserve headquarters and can be obtained in person or by 
mail.
    (d) Firearms, Traps, and Other Weapons. Except as otherwise provided 
in this paragraph, Sec. 2.4 of this chapter shall be applicable to 
Preserve lands.

[[Page 122]]

    (1) During open hunting or trapping seasons, the possession and use 
of firearms or other devices capable of destroying animal life is 
permitted in accordance with Sec. 2.4 of this chapter.
    (2) The possession of firearms or other weapons at night, from one 
hour after sunset to one hour before sunrise is prohibited.

[45 FR 46072, July 9, 1980, as amended at 48 FR 30296, June 30, 1983]



Sec. 7.86  Big Cypress National Preserve.

    (a) Motorized vehicles--(1) Definitions. (i) The term ``motorized 
vehicle'' means automobiles, trucks, glades or swamp buggies, airboats, 
amphibious or air cushion vehicles or any other device propelled by a 
motor and designed, modified for or capable of cross country travel on 
or immediately over land, water, marsh, swampland or other terrain, 
except boats which are driven by a propeller in the water.
    (ii) The term ``operator'' means any person who operates, drives, 
controls or has charge of a motorized vehicle.
    (iii) The term ``Preserve lands'' means all federally owned or 
controlled lands and waters administered by the National Park Service 
within the boundaries of the Preserve.
    (2) Travel in Preserve areas. (i) Unless closed or restricted by 
action of the Superintendent under paragraph (a)(2)(iii), the following 
areas, which are shown on a map numbered BC-91-001, dated November 1975, 
and available for public inspection at the office of the Superintendent, 
are open to motorized vehicles:
    (A) The area south and west of Loop Road (State Road B94).
    (B) The area north of Tamiami Trail.
    (ii) The following areas which are shown on a map numbered BC-91-
001, dated November 1975, and available for public inspection at the 
office of the Superintendent, are closed to motorized vehicles:
    (A) The areas between the Loop Road (State Hwy. B94) and the 
Tamiami Trail (U.S. Hwy. B41), except that the Superintendent may issue 
a permit to provide for reasonable access by legal residents or to 
provide access by authorized oil and gas companies.
    (B) Big Cypress Florida Trail, Section 1, One marked main hiking 
trail, from Tamiami Trail to Alligator Alley; and the two marked loop 
trails are closed to the use of all motorized vehicles, except that 
vehicles may cross the trails.
    (iii) The Superintendent may temporarily or permanently close or 
restrict the use of any areas and routes otherwise designated for use of 
motor vehicles, or close or restrict such areas or routes to the use of 
particular types of motor vehicles by the posting of appropriate signs, 
or by marking on a map which shall be available for public inspection at 
the office of the Superintendent, or both. In determining whether to 
close or restrict the uses of the areas or routes under this paragraph, 
the Superintendent shall be guided by the criteria contained in sections 
3 and 4 of E.O. 11644 (37 FR 2877) as amended, and shall also consider 
factors such as other visitor uses, safety, wildlife management, noise, 
erosion, geography, vegetation, resource protection, and other 
management considerations. Prior to making a temporary or permanent 
closure the Superintendent shall consult with the executive director of 
the Florida Game and Fresh Water Fish Commission. Prior to instituting a 
permanent closure of an area or route, notice of such intention shall be 
published in the Federal Register and the public shall be provided a 
period of 30 days to comment.
    (3) Operations, limitations and equipment--(i) Vehicle operation. 
(A) Motorized vehicle permits shall be required after December 21, 1980.
    (B) Motorized vehicles shall not be operated in a manner causing, or 
likely to cause, significant damage to or disturbance of the soil, 
wildlife habitat, improvements, cultural, or vegetative resources. 
Cutting, grading, filling or ditching to establish new trails or to 
improve old trails is prohibited, except under written permit where 
necessary in the exploration for, extraction or removal of oil and gas.
    (ii) Vehicle Limitations and Equipment.
    (A) [Reserved]
    (B) The Superintendent, by the posting of appropriate signs or by 
marking on a map, which shall be available for public inspection at the 
office of the Superintendent, may require during

[[Page 123]]

dry periods, that a motorized vehicle or a particular class of motorized 
vehicle, operated off established roads and parking areas, shall be 
equipped with a spark arrestor that meets Standard 5100-1a of the Forest 
Service, U.S. Department of Agriculture, or the 80 percent efficiency 
level when determined by the appropriate Society of Automotive Engineers 
(SAE) Standard.
    (C) A motorized vehicle, except an airboat, when operated off of 
established roads and parking areas during the period from one-half hour 
after sunset to one-half hour before sunrise, shall display at least one 
forward-facing white headlight and one red lighted taillight each of 
which shall be visible for a distance of 500 feet in their respective 
directions under clear atmospheric conditions.
    (D) Airboats and amphibious vehicles shall fly a safety flag at 
least 10 inches wide by 12 inches long at a minimum height of 10 feet 
above the bottom of the vehicle or boat, and shall display one white 
light aft visible for 360 deg. at a distance of 500 feet when running 
during the period from one-half hour before sunset to one-half hour 
after sunrise.
    (b) Camp structures. (1) Buildings or other structures on lands not 
owned by claimants to these structures existing prior to the effective 
date of these regulations, may be occupied and used by said claimants 
pursuant to a nonrenewable, nontransferrable permit. This use shall be 
for a maximum term of five (5) years from the date of Federal 
acquisition for preserve purposes of the land upon which the structures 
are situated or five years from the effective date of these regulations, 
whichever occurs first: Provided, however, That the claimant to the 
structures by application:
    (i) Reasonably demonstrates by affadivit, bill of sale or other 
documentation proof of possessory interest or right of occupancy in the 
cabin or structure;
    (ii) Submits a sketch and photograph of the cabin or structure and a 
map showing its geographic location;
    (iii) Agrees to vacate or remove the structure from the preserve 
upon the expiration of the permit, and
    (iv) Acknowledges in the permit that he/she has no interest in the 
real property.
    (2) Structures built after the effective date of these regulations 
will be removed upon acquisition by the Federal Government of the lands 
upon which the structures are situated.
    (3) Structures that are razed or destroyed by fire or storm, or 
deteriorate structurally to the point of being unsafe or uninhabitable 
shall not be rebuilt and the permit shall be cancelled. This shall not 
be deemed to prohibit routine maintenance or upkeep on an existing 
structure.
    (4) The National Park Service reserves the right to full and 
unrestricted use of the lands under permit including, but not limited 
to, such purposes as managed hunting programs executed in accordance 
with applicable State Game and Fish laws and regulations, use of 
existing roads and trails, and unrestricted public access.
    (c) Aircraft: Designated landing sites. (1) Except as provided 
below, aircraft may be landed in the preserve only at improved landing 
strips for which a permit has been issued and which were in existence 
and in usable condition at the time the lands were acquired for preserve 
purposes, or the effective date of these regulations, whichever occurs 
first. A permit may be issued to the former land owner or airstrip user 
upon application to the Superintendent. The application shall include a 
sketch showing location; a copy of the airstrip license, if any; a 
description of the size of strip, type of landing surface, height of 
obstructions, special markings; and a list of the camps served.
    (2) A map showing the locations, size, and limitations of each 
airstrip designated under a permit shall be available for public 
inspection at the office of the Superintendent.
    (3) Rotorcraft used for purposes of oil and gas exploration or 
extraction, as provided for in part 9, subpart B of this chapter, may be 
operated only in accordance with an approved operating plan or a permit 
issued by the Superintendent.
    (d) [Reserved]
    (e) Hunting, Fishing, Trapping and Gathering. (1) Hunting, fishing 
and trapping are permitted in accordance

[[Page 124]]

with the general regulations found in parts 1 and 2 of this chapter and 
applicable Florida law governing Cooperative Wildlife Management Areas.
    (2) The Superintendent may permit the gathering or collecting by 
hand and for personal use only of the following:
    (i) Tree snails (Liguus Fasciatus);

Provided, however, That under conditions where it is found that 
significant adverse impact on park resources, wildlife populations or 
visitor enjoyment of resources will result, the Superintendent shall 
prohibit the gathering, or otherwise restrict the collecting of these 
items. Portions of a park area in which restrictions apply shall be 
designated on a map which shall be available for public inspection at 
the office of the Superintendent, or by the posting of appropriate 
signs, or both.
    (f) Grazing. (1) Grazing privileges shall be available under permit 
to owners or lessees who were actually using land within the Preserve 
for grazing purposes on October 11, 1974, or who elected to request a 
permit at the time the land was acquired for preserve purposes (See 36 
CFR 2.60).
    (2) Such permit may be renewed during the lifetime of the permittee 
or his spouse.
    (3) The breach of any of the terms or conditions of the permit or 
the regulations applicable thereto shall be grounds for termination, 
suspension or denial of grazing privileges.
    (4) Except as provided below, failure to use land under permit for 
grazing or to renew the permit shall automatically terminate the permit 
and grazing privileges. The Superintendent may issue a nonuse permit on 
an annual basis not to exceed three consecutive years, except that 
nonuse beyond this time may be permitted if necessitated by reasons 
clearly outside the control of the permittee.
    (5) Annual fees based on Departmental regulations (43 CFR 4125.1-1 
(m)) will be charged for all livestock grazing upon preserve lands.
    (6) Each permittee shall comply with the range management plan 
approved by the Superintendent for the area under permit.
    (7) State laws and regulations relating to fencing, sanitation and 
branding are applicable to graziers using preserve lands.
    (8) The National Park Service reserves the right to full and 
unrestricted use of the lands under permit including, but not limited 
to, such purposes as managed hunting programs executed in accordance 
with applicable State Game and Fish laws and regulations, use of 
existing roads and trails, unrestricted public access, and the right to 
revoke the permit if the activity is causing or will cause considerable 
adverse effect on the soil, vegetation, watershed or wildlife habitat.
    (9) Corporations formed by owners or lessees who were actually using 
lands within the preserve for grazing purposes on October 11, 1974, may 
be issued annual permits for a period not to exceed twenty-five (25) 
years from the date of acquisition for preserve purposes.

[44 FR 45128, Aug. 1, 1979, as amended at 48 FR 30296, June 30, 1983]



Sec. 7.87  Kaloko-Honokohau National Historical Park.

    (a) Is public nudity prohibited at Kaloko-Honokohau National 
Historical Park? Yes. Public nudity, including nude bathing, by any 
person on Federal land or water within the boundaries of Kaloko-
Honokohau National Historical Park is prohibited. This section does not 
apply to a person under 10 years of age.
    (b) What is public nudity? Public nudity is a person's failure, when 
in a public place, to cover with a fully opaque covering that person's 
genitals, pubic areas, rectal area or female breast below a point 
immediately above the top of the areola.
    (c) What is a public place? A public place is any area of Federal 
land or water subject to Federal jurisdiction within the boundaries of 
Kaloko-Honokohau National Historical Park, except the enclosed portions 
of restrooms or other structures designed for privacy or similar 
purposes.

[64 FR 19483, Apr. 21, 1999]

[[Page 125]]



Sec. 7.88  Indiana Dunes National Lakeshore.

    (a) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (b) Powerless flight. The use of devices to carry persons through 
the air in powerless flight is allowed at times and locations designated 
by the superintendent pursuant to the terms and conditions of a permit.

[49 FR 18451, Apr. 30, 1984]



Secs. 7.89--7.90  [Reserved]



Sec. 7.91  Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation Area.

    (a) Water sanitation. (1) Vessels with marine toilets so constructed 
as to permit wastes to be discharged directly into the water shall have 
such facilities sealed to prevent discharge.
    (2) Chemical or other type marine toilets with approved holding 
tanks or storage containers will be permitted, but will be discharged or 
emptied only at designated sanitary pumping stations.
    (b) Overnight occupancy of a vessel on the Whiskeytown Lake is 
prohibited.
    (c) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (d) Gold Panning. (1) As used in this section, the term ``gold 
panning'' means the attempted or actual removal of gold from a stream by 
using either a metal or plastic gold pan and a trowel, spoon or other 
digging implement having a blade surface not exceeding 4 inches wide and 
8 inches long.
    (2)(i) Unless otherwise designated by the superintendent, gold 
panning is allowed on all streams. Streams, or portions thereof, that 
are designated closed to gold panning are marked on a map available for 
public inspection at the office of the superintendent, or by the posting 
of signs, or both.
    (ii) Prior to engaging in gold panning, a person shall register 
with, and pay a special recreation permit fee to, the superintendent. 
The superintendent shall establish the special recreation permit fee in 
accordance with regulations in part 71 of this chapter.
    (iii) A person may remove gold from the Unit only in accordance with 
these regulations.
    (3) The following are prohibited:
    (i) Removing gold by any method other than gold panning, including, 
but not limited to, the use of suction, a crevice cleaner, screen 
separator, view box, sluice box, rocker, dredge or any other mechanical 
or hydraulic device, or skin diving equipment such as a snorkel, mask or 
wetsuit.
    (ii) Using any toxic substance or chemical, including mercury, in 
gold panning activities.
    (iii) Conducting gold panning outside the confines of existing 
stream water levels, or digging into a stream bank, or digging that 
results in the disturbance of the ground surface or the undermining of 
any vegetation, historic feature or bridge abutment.

[36 FR 14267, Aug. 3, 1971, as amended at 38 FR 5245, Feb. 27, 1973; 49 
FR 18452, Apr. 30, 1984; 54 FR 23649, June 2, 1989]



Sec. 7.92  Bighorn Canyon National Recreation Area.

    (a) Aircraft-designated airstrip. (1) Fort Smith landing strip, 
located at approximate latitude 45 deg.19' N., approximate longitude 
107 deg.55'41" W. in the S\1/2\S\1/2\SE\1/4\ sec. 8, and the S\1/2\SW\1/
4\SW\1/4\ sec. 9, T. 6 S., R. 31 E., Montana Principal Meridian.
    (2) [Reserved]
    (b) Snowmobiles. (1) Designated routes to be open to snowmobile use: 
On the west side of Bighorn Lake, beginning immediately east of the 
Wyoming Game and Fish Department Residence on the Pond 5 road northeast 
to the Kane Cemetery. North along the main traveled road past Mormon 
Point, Jim Creek, along the Big Fork Canal, crossing said canal and 
terminating on the south shore of Horseshoe Bend, and the marked 
lakeshore access roads leading off this main route to Mormon Point, 
north and south mouth of Jim Creek, South Narrows, and the lakeshore 
road between Mormon Point and the south mouth of Jim Creek. On the east 
side of Bighorn Lake beginning at the junction of U.S. Highway 14A and 
the John Blue road, northerly on the John Blue

[[Page 126]]

road to the first road to the left, on said road in a westerly direction 
to its terminus at the shoreline of Bighorn Lake. All frozen lake 
surfaces are closed to snowmobiling.
    (2) On roads designated for snowmobile use only that portion of the 
road or parking area intended for other motor vehicle use may be used by 
snowmobiles. Such roadway is available for snowmobile use only when the 
designated road or parking area is closed by snow depth to all other 
motor vehicles used by the public. These routes will be marked by signs, 
snow poles or other appropriate means. The superintendent shall 
determine the opening and closing dates for use of designated snowmobile 
routes each year. Routes will be open to snowmobile travel when they are 
considered to be safe for travel but not necessarily free of safety 
hazards. Snowmobiles may travel in these areas with the permission of 
the superintendent, but at their own risk.
    (3) Snowmobile use outside designated routes is prohibited.
    (c) Fishing. Unless otherwise designated, fishing in any manner 
authorized under applicable State law is allowed.

[36 FR 21666, Nov. 12, 1971, as amended at 48 FR 29845, June 30, 1983; 
52 FR 34777, Sept. 15, 1987]



Sec. 7.93  Guadalupe Mountains National Park.

    (a) Cave entry. No person shall enter any cave or passageway of any 
cave without a permit.

[48 FR 30296, June 30, 1983]



Secs. 7.94--7.95  [Reserved]



Sec. 7.96  National Capital Region.

    (a) Applicability of regulations. This section applies to all park 
areas administered by National Capital Region in the District of 
Columbia and in Arlington, Fairfax, Loudoun, Prince William, and 
Stafford Counties and the City of Alexandria in Virginia and Prince 
Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland and 
to other federal reservations in the environs of the District of 
Columbia, policed with the approval or concurrence of the head of the 
agency having jurisdiction or control over such reservations, pursuant 
to the provisions of the act of March 17, 1948 (62 Stat. 81).
    (b) Athletics--(1) Permits for organized games. Playing baseball, 
football, croquet, tennis, and other organized games or sports except 
pursuant to a permit and upon the grounds provided for such purposes, is 
prohibited.
    (2) Wet grounds. Persons holding a permit to engage in athletics at 
certain times and at places authorized for this use are prohibited from 
exercising the privilege of play accorded by the permit if the grounds 
are wet or otherwise unsuitable for play without damage to the turf.
    (3) Golf and tennis; fees. No person may use golf or tennis 
facilities without paying the required fee, and in compliance with 
conditions approved by the Regional Director. Trespassing, intimidating, 
harassing or otherwise interfering with authorized golf players, or 
interfering with the play of tennis players is prohibited.
    (4) Ice skating. Ice skating is prohibited except in areas and at 
times designated by the Superintendent. Skating in such a manner as to 
endanger the safety of other persons is prohibited.
    (c) Model planes. Flying a model powered plane from any park area is 
prohibited without a permit.
    (d) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (e) Swimming. Bathing, swimming or wading in any fountain or pool 
except where officially authorized is prohibited. Bathing, swimming or 
wading in the Tidal Basin, the Chesapeake and Ohio Canal, or Rock Creek, 
or entering from other areas covered by this section the Potomac River, 
Anacostia River, Washington Channel or Georgetown Channel, except for 
the purpose of saving a drowning person, is prohibited.
    (f) Commercial vehicles and common carriers--(1) Operation in park 
areas prohibited; exceptions. Commercial vehicles and common carriers, 
loaded or unloaded, are prohibited on park roads and bridges except on 
the section of Constitution Avenue east of 19th Street or on other roads 
and bridges designated by the Superintendent, or

[[Page 127]]

when authorized by a permit or when operated in compliance with 
paragraph (f)(2) of this section.
    (2) George Washington Memorial Parkway; passenger-carrying vehicles; 
permits; fees. (i) Taxicabs licensed in the District of Columbia, 
Maryland, or Virginia, are allowed on any portion of the George 
Washington Memorial Parkway without a permit or payment of fees.
    (ii) Passenger-carrying vehicles for hire or compensation, other 
than taxicabs, having a seating capacity of not more than fourteen (14) 
passengers, excluding the operator, when engaged in services authorized 
by concession agreement to be operated from the Washington National 
Airport and/or Dulles International Airport, are allowed on any portion 
of the George Washington Memorial Parkway in Virginia without a permit 
or payment of fees. However, when operating on a sightseeing basis an 
operator of such a vehicle shall comply with paragraph (f)(2)(iv) of 
this section.
    (iii) Passenger-carrying vehicles for hire or compensation, other 
than those to which paragraphs (f)(2) (i) and (ii) of this section 
apply, are allowed on the George Washington Memorial Parkway upon 
issuance of a permit by the Regional Director, under the following 
conditions:
    (A) When operating on a regular schedule: to provide passenger 
service on any portion between Mount Vernon and the Arlington Memorial 
Bridge, or to provide limited direct nonstop passenger service from Key 
Bridge to a terminus at the Central Intelligence Agency Building at 
Langley, Virginia, and direct return, or to provide limited direct 
nonstop passenger service from the interchange at Route 123 to a 
terminus at the Central Intelligence Agency Building at Langley, 
Virginia, and direct return. Permittees shall file a schedule of 
operation and all schedule changes with the Regional Director showing 
the number of such vehicles and total miles to be operated on the 
parkway.
    (B) When operating nonscheduled direct, nonstop service primarily 
for the accommodation of air travelers arriving at or leaving from 
Dulles International Airport or Washington National Airport: between 
Dulles International Airport and a terminal in Washington, DC, over the 
George Washington Memorial Parkway between Virginia Route 123 and Key 
Bridge; or between Washington National Airport and a terminal in 
Washington, D.C., over the George Washington Memorial Parkway between 
Washington National Airport and 14th Street Bridge; or between Dulles 
International Airport and Washington National Airport over the George 
Washington Memorial Parkway between Virginia Route 123 and Washington 
National Airport. Permittees shall file a report of all operations and 
total miles operated on the George Washington Memorial Parkway with the 
Regional Director.
    (C) Permits are issued to operators of vehicles described in 
paragraphs (f)(2)(iii) (A) and (B) normally for a period of one year, 
effective from July 1 until the following June 30, at the rate of one 
cent (1) per mile for each mile each such vehicle operates upon the 
parkway. Payment shall be made quarterly within twenty (20) days after 
the end of the quarter based upon a certification by the operator of the 
total mileage operated upon the parkway.
    (iv) Sightseeing passenger-carrying vehicles for hire or 
compensation other than taxicabs may be permitted on the George 
Washington Memorial Parkway upon issuance of a permit by the Regional 
Director, to provide sightseeing service on any portion of the parkway. 
Permits may be issued either on an annual basis for a fee of three 
dollars ($3.00) for each passenger-carrying seat in such vehicle; on a 
quarterly basis for a fee of seventy-five cents (75) per seat; or on a 
daily basis at the rate of one dollar ($1.00) per vehicle per day.
    (3) Taxicabs--(i) Operations around Memorials. Parking, except in 
designated taxicab stands, or cruising on the access roads to the 
Washington Monument, the Lincoln Memorial, the Jefferson Memorial, and 
the circular roads around the same, of any taxicab or hack without 
passengers is prohibited. However, this section does not prohibit the 
operation of empty cabs responding to definite calls for hack service by 
passengers waiting at such Memorials, or of empty cabs which have just 
discharged passengers at the

[[Page 128]]

entrances of the Memorials, when such operation is incidental to the 
empty cabs' leaving the area by the shortest route.
    (ii) Stands. The Superintendent may designate taxicab stands in 
suitable and convenient locations to serve the public.
    (4) The provisions of this section prohibiting commercial trucks and 
common carriers do not apply within other Federal reservations in the 
environs of the District of Columbia and do not apply on that portion of 
Suitland Parkway between the intersection with Maryland Route 337 and 
the end of the Parkway at Maryland Route 4, a length of 0.6 mile.
    (g) Demonstrations and special events--(1) Definitions. (i) The term 
``demonstrations'' includes demonstrations, picketing, speechmaking, 
marching, holding vigils or religious services and all other like forms 
of conduct which involve the communication or expression of views or 
grievances, engaged in by one or more persons, the conduct of which has 
the effect, intent or propensity to draw a crowd or onlookers. This term 
does not include casual park use by visitors or tourists which does not 
have an intent or propensity to attract a crowd or onlookers.
    (ii) The term ``special events'' includes sports events, pageants, 
celebrations, historical reenactments, regattas, entertainments, 
exhibitions, parades, fairs, festivals and similar events (including 
such events presented by the National Park Service), which are not 
demonstrations under paragraph (g)(1)(i) of this section, and which are 
engaged in by one or more persons, the conduct of which has the effect, 
intent or propensity to draw a crowd or onlookers. This term also does 
not include casual park use by visitors or tourists which does not have 
an intent or propensity to attract a crowd or onlookers.
    (iii) The term ``national celebration events'' means the annually 
recurring special events regularly scheduled by the National Capital 
Region, which are listed in paragraph (g)(4)(i) of this section.
    (iv) The term ``White House area'' means all park areas, including 
sidewalks adjacent thereto, within these bounds; on the south, 
Constitution Avenue NW.; on the north, H Street NW.; on the east, 15th 
Street, NW.; and on the west, 17th Street NW.
    (v) The term ``White House sidewalk'' means the south sidewalk of 
Pennsylvania Avenue NW., between East and West Executive Avenues NW.
    (vi) The term ``Lafayette Park'' means the park areas, including 
sidewalks adjacent thereto, within these bounds: on the south, 
Pennsylvania Avenue NW.; on the north, H Street NW.; on the east, 
Madison Place NW.; and on the west, Jackson Place NW.
    (vii) The term ``Ellipse'' means the park areas, including sidewalks 
adjacent thereto, within these bounds: on the south, Constitution Avenue 
NW.; on the north, E Street, NW.; on the west, 17th Street NW.; and on 
the east, 15th Street NW.
    (viii) The term ``Regional Director'' means the official in charge 
of the National Capital Region, National Park Service, U.S. Department 
of the Interior, or an authorized representative thereof.
    (ix) The term ``other park areas'' includes all areas, including 
sidewalks adjacent thereto, other than the White House area, 
administered by the National Capital Region.
    (x) The term ``Vietnam Veterans Memorial'' means the structures and 
adjacent areas extending to and bounded by the south curb of 
Constitution Avenue on the north, the east curb of Henry Bacon Drive on 
the west, the north side of the north Reflecting Pool walkway on the 
south and a line drawn perpendicular to Constitution Avenue two hundred 
(200) feet from the east tip of the memorial wall on the east (this is 
also a line extended from the east side of the western concrete border 
of the steps to the west of the center steps to the Federal Reserve 
Building extending to the Reflecting Pool walkway).
    (2) Permit requirements. Demonstrations and special events may be 
held only pursuant to a permit issued in accordance with the provisions 
of this section except:
    (i) Demonstrations involving 25 persons or fewer may be held without 
a permit provided that the other conditions required for the issuance of 
a permit are met and provided further that

[[Page 129]]

the group is not merely an extension of another group already availing 
itself of the 25-person maximum under this provision or will not 
unreasonably interfere with other demonstrations or special events.
    (ii) Demonstrations may be held in the following park areas without 
a permit provided that the conduct of such demonstrations is reasonably 
consistent with the protection and use of the indicated park area and 
the other requirements of this section. The numerical limitations listed 
below are applicable only for demonstrations conducted without a permit 
in such areas. Larger demonstrations may take place in these areas 
pursuant to a permit.
    (A) Franklin Park. Thirteenth Street, between I and K Streets NW., 
for no more than 500 persons.
    (B) McPherson Square. Fifteenth Street, between I and K Streets NW., 
for no more than 500 persons.
    (C) U.S. Reservation No. 31. West of 18th Street and south of H 
Street NW., for no more than 100 persons.
    (D) Rock Creek and Potomac Parkway. West of 23rd Street, south of P 
Street NW., for no more than 1,000 persons.
    (E) U.S. Reservation No. 46. North side of Pennsylvania Avenue, west 
of Eighth Street and south of D Street, SE., for no more than 25 persons 
and south of D Street SE., for no more than 25 persons.
    (3) Permit applications. Permit applications may be obtained at the 
Office of Public Affairs, National Capital Region, 1100 Ohio Drive SW., 
Washington, DC 20242. Applicants shall submit permit applications in 
writing on a form provided by the National Park Service so as to be 
received by the Regional Director at least 48 hours in advance of any 
proposed demonstration or special event. This 48-hour period will be 
waived by the Regional Director if the size and nature of the activity 
will not reasonably require the commitment of park resources or 
personnel in excess of that which are normally available or which can 
reasonably be made available within the necessary time period. The 
Regional Director shall accept permit applications only during the hours 
of 8 a.m.-4 p.m., Monday through Friday, holidays excepted. All 
demonstration applications, except those seeking waiver of the numerical 
limitations applicable to Lafayette Park (paragraph (g)(5)(ii) of this 
section), are deemed granted, subject to all limitations and 
restrictions applicable to said park area, unless denied within 24 hours 
of receipt. However, where a permit has been granted, or is deemed to 
have been granted pursuant to this subsection, the Regional Director may 
revoke that permit pursuant to paragraph (g)(6) of this section.
    (i) White House area. No permit may be issued authorizing 
demonstrations in the White House area, except for the White House 
sidewalk, Lafayette Park and the Ellipse. No permit may be issued 
authorizing special events, except for the Ellipse, and except for 
annual commemorative wreath-laying ceremonies relating to the statutes 
in Lafayette Park.
    (ii) Other park areas. No permits may be issued authorizing 
demonstrations or special events in the following other park areas:
    (A) The Washington Monument, which means the area enclosed within 
the inner circle that surrounds the Monument's base, except for the 
official annual commemorative Washington birthday ceremony.
    (B) The Lincoln Memorial, which means that portion of the park area 
which is on the same level or above the base of the large marble columns 
surrounding the structure, and the single series of marble stairs 
immediately adjacent to and below that level, except for the official 
annual commemorative Lincoln birthday ceremony.
    (C) The Jefferson Memorial, which means the circular portion of the 
Jefferson Memorial enclosed by the outermost series of columns, and all 
portions on the same levels or above the base of these columns, except 
for the official annual commemorative Jefferson birthday ceremony.
    (D) The Vietnam Veterans Memorial, except for official annual 
Memorial Day and Veterans Day commemorative ceremonies. Note: The 
darkened portions of the diagrams at the conclusion of paragraph (g) of 
this section show the areas where demonstrations or special events are 
prohibited.
    (4) Permit processing. (i) Permit applications for demonstrations 
and special

[[Page 130]]

events are processed in order of receipt, and the use of a particular 
area is allocated in order of receipt of fully executed applications, 
subject to the limitations set forth in this section. Provided, however, 
that the following national celebration events have priority use of the 
particular park area during the indicated period.
    (A) Christmas Pageant of Peace. In the oval portion of the Ellipse 
only, during approximately the last three weeks in December.
    (B) Cherry Blossom Festival. In the Japanese Lantern area adjacent 
to the Tidal Basin and on the Ellipse and the Washington Monument 
Grounds adjacent to Constitution Avenue, between 15th & 17th Streets 
NW., for six days usually in late March or early April.
    (C) Fourth of July Celebration. On the Washington Monument Grounds.
    (D) Festival of American Folklife. In the area bound on the south by 
Jefferson Drive NW.; on the north by Madison Drive NW.; on the east by 
7th Street NW.; on the west by 14th Street NW., for a two-week period in 
approximately late June and early July.
    (E) Columbus Day Commemorative Wreath-Laying. At the Columbus statue 
on the Union Plaza on Columbus Day.
    (F) Inaugural ceremonies. The White House sidewalk and Lafayette 
Park, exclusive of the northeast quadrant, for the exclusive use of the 
Inaugual Committee on Inauguration Day.
    (ii) Other demonstrations or special events are permitted in park 
areas under permit to the National Celebration Events listed in this 
paragraph to the extent that they do not significantly interfere with 
the National Celebration Events. No activity containing structures is 
permitted closer than 50 feet to another activity containing structures 
without the mutual consent of the sponsors of those activities.
    (iii) A permit may be denied in writing by the Regional Director 
upon the following grounds:
    (A) A fully executed prior application for the same time and place 
has been received, and a permit has been or will be granted authorizing 
activities which do not reasonably permit multiple occupancy of the 
particular area; in that event, an alternate site, if available for the 
activity, will be proposed by the Regional Director to the applicant.
    (B) It reasonably appears that the proposed demonstration or special 
event will present a clear and present danger to the public safety, good 
order, or health.
    (C) The proposed demonstration or special event is of such a nature 
or duration that it cannot reasonably be accommodated in the particular 
area applied for; in that event, the Regional Director shall propose an 
alternate site to the applicant, if available for the activity; in this 
connection, the Regional Director shall reasonably take into account 
possible damage to the park, including trees, shrubbery, other 
plantings, park installations and statues.
    (D) The application proposes activities contrary to any of the 
provisions of this section or other applicable law or regulation.
    (5) Permit limitations. Issuance of a permit is subject to the 
following limitations:
    (i) No more than 750 persons are permitted to conduct a 
demonstration on the White House sidewalk at any one time.
    (ii) No more than 3,000 persons are permitted to conduct a 
demonstration in Lafayette Park at any one time.
    (A) The Regional Director may waive the 3,000 person limitation for 
Lafayette Park and/or the 750 person limitation for the White House 
Sidewalk upon a showing by the applicant that good faith efforts will be 
made to plan and marshal the demonstration in such a fashion so as to 
render unlikely any substantial risk of unreasonable disruption or 
violence.
    (B) In making a waiver determination, the Regional Director shall 
consider and the applicant shall furnish at least ten days in advance of 
the proposed demonstration, the functions the marshals will perform, the 
means by which they will be identified, and their method of 
communication with each other and the crowd. This requirement will be 
satisfied by completion and submission of the same form referred to in 
paragraph (g)(3) of this section.
    (iii) No permit will be issued for a demonstration on the White 
House Sidewalk and in Lafayette Park at the

[[Page 131]]

same time except when the organization, group, or other sponsor of such 
demonstration undertakes in good faith all reasonable action, including 
the provision of sufficient marshals, to insure good order and self-
discipline in conducting such demonstration and any necessary movement 
of persons, so that the numerical limitations and waiver provisions 
described in paragraphs (g)(5) (i) and (ii) of this section are 
observed.
    (iv) No permit will be issued authorizing demonstrations or special 
events in excess of the time periods set out below: Provided, however, 
that the stated periods will be extended for demonstrations only, unless 
another application requests use of the particular area and said 
application precludes double occupancy:
    (A) White House area, except the Ellipse: Seven days.
    (B) The Ellipse and all other park areas: Three weeks.
    (v) The Regional Director may restrict demonstrations and special 
events weekdays (except holidays) between the hours of 7:00 to 9:30 a.m. 
and 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid 
unreasonable interference with rush-hour traffic.
    (vi) Special events are not permitted unless approved by the 
Regional Director. In determining whether to approve a proposed special 
event, the Regional Director shall consider and base the determination 
upon the following criteria:
    (A) Whether the objectives and purposes of the proposed special 
event relate to and are within the basic mission and responsibilities of 
the National Capital Region, National Park Service.
    (B) Whether the park area requested is reasonably suited in terms of 
accessibility, size, and nature of the proposed special event.
    (C) Whether the proposed special event can be permitted within a 
reasonable budgetary allocation of National Park Service funds 
considering the event's public appeal, and the anticipated participation 
of the general public therein.
    (D) Whether the proposed event is duplicative of events previously 
offered in National Capital Region or elsewhere in or about Washington, 
DC.
    (E) Whether the activities contemplated for the proposed special 
event are in conformity with all applicable laws and regulations.
    (vii) In connection with permitted demonstrations or special events, 
temporary structures may be erected for the purpose of symbolizing a 
message or meeting logistical needs such as first aid facilities, lost 
children areas or the provision of shelter for electrical and other 
sensitive equipment or displays. Temporary structures may not be used 
outside designated camping areas for living accommodation activities 
such as sleeping, or making preparations to sleep (including the laying 
down of bedding for the purpose of sleeping), or storing personal 
belongings, or making any fire, or doing any digging or earth breaking 
or carrying on cooking activities. The above-listed activities 
constitute camping when it reasonably appears, in light of all the 
circumstances, that the participants, in conducting these activities, 
are in fact using the area as a living accommodation regardless of the 
intent of the participants or the nature of any other activities in 
which they may also be engaging. Temporary structures are permitted to 
the extent described above, provided prior notice has been given to the 
Regional Director, except that:
    (A) Structures are not permitted on the White House sidewalk.
    (B) All such temporary structures shall be erected in such a manner 
so as not to harm park resources unreasonably and shall be removed as 
soon as practicable after the conclusion of the permitted demonstration 
or special event.
    (C) The Regional Director may impose reasonable restrictions upon 
the use of temporary structures in the interest of protecting the park 
areas involved, traffic and public safety considerations, and other 
legitimate park value concerns.
    (D) Any structures utilized in a demonstration extending in duration 
beyond the time limitations specified in paragraphs (g)(5)(iv) (A) and 
(B) of this section shall be capable of being removed upon 24 hours 
notice and the

[[Page 132]]

site restored, or, the structure shall be secured in such a fashion so 
as not to interfere unreasonably with use of the park area by other 
permittees authorized under this section.
    (E) Individuals or groups of 25 persons or fewer demonstrating under 
the small group permit exemption of paragraph (g)(2)(i) of this section 
are not allowed to erect temporary structures other than small lecterns 
or speakers' platforms. This provision does not restrict the use of 
portable signs or banners.
    (viii) No signs or placards shall be permitted on the White House 
sidewalk except those made of cardboard, posterboard or cloth having 
dimensions no greater than three feet in width, twenty feet in length, 
and one-quarter inch in thickness. No supports shall be permitted for 
signs or placards except those made of wood having cross-sectional 
dimensions no greater than three-quarter of an inch by three-quarter of 
an inch. Stationary signs or placards shall be no closer than three feet 
from the White House sidewalk fence. All signs and placards shall be 
attended at all times that they remain on the White House sidewalk. 
Signs or placards shall be considered to be attended only when they are 
in physical contact with a person. No signs or placards shall be tied, 
fastened, or otherwise attached to or leaned against the White House 
fence, lamp posts or other structures on the White House sidewalk. No 
signs or placards shall be held, placed or set down on the center 
portion of the White House sidewalk, comprising ten yards on either side 
of the center point on the sidewalk; Provided, however, that individuals 
may demonstrate while carrying signs on that portion of the sidewalk if 
they continue to move along the sidewalk.
    (ix) No parcel, container, package, bundle or other property shall 
be placed or stored on the White House sidewalk or on the west sidewalk 
of East Executive Avenue NW., between Pennsylvania Avenue NW., and E 
Street NW., or on the north sidewalk of E Street NW., between East and 
West Executive Avenues NW.; Provided, however, that such property, 
except structures, may be momentarily placed or set down in the 
immediate presence of the owner on those sidewalks.
    (x) The following are prohibited in Lafayette Park:
    (A) The erection, placement or use of structures of any kind except 
for the following:
    (1) Structures that are being hand-carried are allowed.
    (2) When one hundred (100) or more persons are participating in a 
demonstration in the Park, a temporary speaker's platform as is 
reasonably required to serve the demonstration participants is allowed 
as long as such platform is being erected, dismantled or used, provided 
that only one speaker's platform is allowed per demonstrating group, and 
provided further that such speaker's platform is authorized by a permit 
issued pursuant to paragraph (g) of this section.
    (3) When less than one hundred (100) persons are participating in a 
demonstration in the Park, a temporary ``soapbox'' speaker's platform is 
allowed as long as such platform is being erected, dismantled or used, 
providing that only one speaker's platform is allowed per demonstrating 
group, and provided further that the speaker's platform is no larger 
than three (3) feet in length, three (3) feet in width, and three (3) 
feet in height, and provided further that such speaker's platform is 
authorized by a permit issued pursuant to paragraph (g) of this section.
    (4) For the purpose of this section, the term ``structure'' includes 
props and displays, such as coffins, crates, crosses, theaters, cages, 
and statues; furniture and furnishings, such as desks, chairs, tables, 
bookcases, cabinets, platforms, podiums and lecterns; shelters, such as 
tents, boxes and other enclosures; wagons and carts; and all other 
similar types of property which might tend to harm park resources 
including aesthetic interests. Provided however that the term 
``structure'' does not include signs; bicycles, baby carriages and baby 
strollers lawfully in the Park that are temporarily placed in, or are 
being moved across, the Park, and that are attended at all times while 
in the Park (the term ``attended' is defined as an individual being 
within three (3) feet of his or her bicycle, baby carriage or baby 
stroller);

[[Page 133]]

and wheelchairs and other devices for the handicapped in use by 
handicapped persons.
    (B) The use of signs except for the following:
    (1) Hand-carried signs are allowed regardless of size.
    (2) Signs that are not being hand-carried and that are no larger 
than four (4) feet in length, four (4) feet in width and one-quarter 
(\1/4\) inch in thickness (exclusive of braces that are reasonably 
required to meet support and safety requirements and that are not used 
so as to form an enclosure of two (2) or more sides) may be used in 
Lafayette Park, provided that no individual may have more than two (2) 
such signs in the Park at any one time, and provided further that such 
signs must be attended at all times (the term ``attended' is defined as 
an individual being within three (3) feet of his or her sign(s)), and 
provided further that such signs may not be elevated in a manner so as 
to exceed a height of six (6) feet above the ground at their highest 
point, may not be arranged or combined in a manner so as to exceed the 
size limitations set forth in this paragraph, and may not be arranged in 
such a fashion as to form an enclosure of two (2) or more sides. For 
example, under this provision, two four-feet by four-feet signs may not 
be combined so as to create a sign eight feet long and four feet wide, 
and three such signs may not be arranged to create a sign four feet long 
and twelve feet wide, and two or more signs of any size may not be 
leaned or otherwise placed together so as to form an enclosure of two or 
more sides, etc.
    (xi) Stages and sound amplification may not be placed closer than 
one hundred (100) feet from the boundaries of the Vietnam Veterans 
Memorial and sound systems shall be directed away from the memorial at 
all times.
    (xii) Sound amplification equipment is allowed in connection with 
permitted demonstrations or special events, provided prior notice has 
been given to the Regional Director, except that:
    (A) Sound amplification equipment may not be used on the White House 
sidewalk, other than hand-portable sound amplification equipment which 
the Regional Director determines is necessary for crowd-control 
purposes.
    (B) The Regional Director reserves the right to limit the sound 
amplification equipment so that it will not unreasonably disturb 
nonparticipating persons in, or in the vicinity of, the area.
    (xiii) A permit may contain additional reasonable conditions and 
additional time limitations, consistent with this section, in the 
interest of protecting park resources, the use of nearby areas by other 
persons, and other legitimate park value concerns.
    (xiv) A permit issued under this section does not authorize 
activities outside of areas under administration by the National Capital 
Region. Applicants may also be required to obtain a permit from the 
District of Columbia or other appropriate governmental entity for 
demonstrations or special events sought to be conducted either wholly or 
in part in other than park areas.
    (6) Permit revocation. A permit issued for a demonstration is 
revocable only upon a ground for which an application therefor would be 
subject to denial under paragraphs (g) (4) or (5) of this section. Any 
such revocation, prior to the conduct of the demonstration, shall be in 
writing and shall be approved by the Regional Director. During the 
conduct of a demonstration, a permit may be revoked by the ranking U.S. 
Park Police supervisory official in charge if continuation of the event 
presents a clear and present danger to the public safety, good order or 
health or for any violation of applicable law or regulation. A permit 
issued for a special event is revocable, at any time, in the reasonable 
discretion of the Regional Director.
    (7) Further information on administering these regulations can be 
found in policy statements published at 47 FR 24299, June 4, 1982, and 
at 47 FR 24302, June 4, 1982. Copies of the policy statements may be 
obtained from the Regional Director.

[[Page 134]]

[GRAPHIC] [TIFF OMITTED] TC26OC91.003


[[Page 135]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.004

    (h) Soliciting. Soliciting or demanding gifts, money, goods or 
services is prohibited.
    (i) Camping. (1) Camping is defined as the use of park land for 
living accommodation purposes such as sleeping activities, or making 
preparations to sleep (including the laying down of bedding for the 
purpose of sleeping), or storing personal belongings, or making

[[Page 136]]

any fire, or using any tents or shelter or other structure or vehicle 
for sleeping or doing any digging or earth breaking or carrying on 
cooking activities. The above-listed activities constitute camping when 
it reasonably appears, in light of all the circumstances, that the 
participants, in conducting these activities, are in fact using the area 
as a living accommodation regardless of the intent of the participants 
or the nature of any other activities in which they may also be 
engaging. Camping is permitted only in areas designated by the 
Superintendent, who may establish limitations of time allowed for 
camping in any public campground. Upon the posting of such limitations 
in the campground, no person shall camp for a period longer than that 
specified for the particular campground.
    (2) Further information on administering these regulations can be 
found in policy statements published at 47 FR 24302 (June 4, 1982). 
Copies of the policy statements may be obtained from the Regional 
Director.
    (j)(1) In Lafayette Park the storage of construction material, 
tools, lumber, paint, tarps, bedding, luggage, pillows, sleeping bags, 
food, clothing, literature, papers and all other similar property is 
prohibited.
    (2) Notwithstanding (j)(1) of this section, a person in Lafayette 
Park may have literature, papers, food, clothing, blankets and a 
reasonable cover to protect such property, occupying up to three (3) 
cubic feet of space, so long as such property is attended at all times 
while in the Park (the term ``attended'' is defined as a person being 
within three (3) feet of his or her property).
    (k) Sales. (1) No sales shall be made nor admission fee charged and 
no article may be exposed for sale without a permit except as noted in 
the following paragraphs.
    (2) No merchandise may be sold during the conduct of special events 
or demonstrations except for books, newspapers, leaflets, pamphlets, 
buttons and bumper stickers. A permit is required for the sale or 
distribution of permitted merchandise when done with the aid of a stand 
or structure. Such stand or structure may consist of one table per site, 
which may be no larger than 2\1/2\ feet by 8 feet or 4 feet by 4 feet. 
The dimensions of a sales site may not exceed 6 feet wide by 15 feet 
long by 6 feet high. With or without a permit, such sale or distribution 
is prohibited in the following areas:
    (i) Lincoln Memorial area which is on the same level or above the 
base of the large marble columns surrounding the structure, and the 
single series of marble stairs immediately adjacent to and below that 
level.
    (ii) Jefferson Memorial area enclosed by the outermost series of 
columns, and all portions on the same levels or above the base of these 
columns.
    (iii) Washington Monument area enclosed within the inner circle that 
surrounds the Monument's base.
    (iv) The interior of all park buildings, including, but not limited 
to, those portions of Ford's Theatre administered by the National Park 
Service.
    (v) The White House Park area bounded on the north by H Street, NW; 
on the south by Constitution Avenue, NW; on the west by 17th Street, NW; 
and on the east by 15th Street, NW; except for Lafayette Park, the White 
House sidewalk (the south Pennsylvania Avenue, NW sidewalk between East 
and West Executive Avenues) and the Ellipse; Provided, however, that the 
free distribution of literature conducted without the aid of stands or 
structures, is permitted on East Executive Avenue.
    (vi) Vietnam Veterans Memorial area extending to and bounded by the 
south curb of Constitution Avenue on the north, the east curb of Henry 
Bacon Drive on the west, the north side of the north Reflecting Pool 
walkway on the south and a line drawn perpendicular to Constitution 
Avenue two hundred (200) feet from the east tip of the memorial wall on 
the east (this is also a line extended from the east side of the western 
concrete border of the steps to the west of the center steps to the 
Federal Reserve Building extending to the Reflecting Pool walkway); 
Provided, however, that the free distribution of literature conducted 
without the aid of stands or structures, is permitted on the 
Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the 
Vietnam Veterans Memorial.

[[Page 137]]

    (3) Persons engaged in the sale or distribution of printed matter 
under this section shall not obstruct or impede pedestrians or vehicles, 
harass park visitors with physical contact, misrepresent the purposes or 
affiliations of those engaged in the sale or distribution, or 
misrepresent whether the printed matter is available without cost or 
donation.
    (l) Rock Creek Park. (1) Notwithstanding the provisions of 36 CFR 
5.1, the Superintendent of Rock Creek Park may permit the recognition of 
and the advertising by the primary sponsor or sponsors of not more than 
two professional tennis tournaments per year at the Rock Creek Tennis 
Center.
    (2) All activities conducted under this paragraph shall be 
appropriate to park values and consistent with the protection of park 
resources and shall comply with criteria specified in a written permit.
    (3) Any permit issued under this paragraph shall be valid only for 
those periods of time during which a professional tennis tournament is 
being held, and shall limit all advertising and recognition to the 
confines of the tennis stadium structure and the contiguous paved plaza, 
not to include any of the fields or paved parking lots except within the 
interior of permitted tents on Parking Lot A. These areas shall be 
marked on a map available in the Superintendent's office.
    (4) No advertising or recognition activities may take place without 
a written permit as specified in this paragraph. Any person who violates 
a provision of this paragraph is subject to the penalty provisions of 36 
CFR 1.3 and revocation of the permit if a permit exists.
    (m) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3507 and assigned clearance number 1024-0021. 
The information is being collected to provide notification to park 
managers, United States Park Police, Metropolitan Police, and the Secret 
Service of the plans of organizers of large-scale demonstrations and 
special events in order to assist in the provision of security and 
logistical support. This information will be used to further those 
purposes. The obligation is required to obtain a benefit.

[51 FR 37011, Oct. 17, 1986, as amended at 57 FR 4576, Feb. 6, 1992; 57 
FR 29797, July 7, 1992; 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28, 
1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997; 62 FR 32203, 
June 13, 1997]



Sec. 7.97  Golden Gate National Recreation Area.

    (a) Boat landings--Alcatraz Island. Except in emergencies, the 
docking of any privately-owned vessel, as defined in Sec. 1.4 of this 
chapter, or the landing of any person at Alcatraz Island without a 
permit or contract is prohibited. The Superintendent may issue a permit 
upon a determination that the applicant's needs cannot be provided by 
authorized commercial boat transportation to Alcatraz Island and that 
the proposed activities of the applicant are compatible with the 
preservation and protection of Alcatraz Island.
    (b) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the superintendent, pursuant to the terms and conditions 
of a permit.
    (c) Designated bicycle routes. The use of a bicycle is permitted 
according to Sec. 4.30 of this chapter and, in non-developed areas, as 
follows:
    (1) Bicycle use is permitted on routes which have been designated by 
the Superintendent as bicycle routes by the posting of signs, and as 
designated on maps which are available in the office of the 
superintendent and other places convenient to the public.
    (2) Bicycle speed limits are as follows:
    (i) 15 miles per hour: Upon all designated routes in Golden Gate 
National Recreation Area.
    (ii) 5 miles per hour: On blind curves and when passing other trail 
users.
    (3) The following are prohibited:
    (i) The possession of a bicycle on routes not designated as open to 
bicycle use.
    (ii) Operating a bicycle on designated bicycle routes between sunset 
and sunrise without exhibiting on the bicycle or on the operator an 
activated white light that is visible from a distance of

[[Page 138]]

at least 500 feet to the front and with a red light or reflector visible 
from at least 200 feet to the rear.

[38 FR 32931, Nov. 29, 1973, as amended at 49 FR 18452, Apr. 30, 1984; 
57 FR 58716, Dec. 11, 1992]



Sec. 7.100  Appalachian National Scenic Trail.

    (a) The use of bicycles, motorcycles, snowmobiles, or other motor 
vehicles is prohibited.
    (b) The use of horses or pack animals is prohibited, except in 
locations designated for their use.
    (c) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at times and locations 
designated by the Park Manager, pursuant to the terms and conditions of 
a permit.

[48 FR 30291, June 30, 1983, as amended at 61 FR 28506, June 5, 1996]



PART 8--LABOR STANDARDS APPLICABLE TO EMPLOYEES OF NATIONAL PARK SERVICE CONCESSIONERS--Table of Contents




Sec.
8.1  Definitions.
8.2  Basis and purpose.
8.3  Applicability.
8.4  Federal and State labor laws.
8.5  Access for investigators.
8.6  Complaints; appeal.
8.7  Record keeping.
8.8  Filing of labor agreements.
8.9  Posting of regulations.

    Authority: 16 U.S.C. 1, 3, 9a, 462(k).

    Source: 24 FR 11053, Dec. 30, 1959, unless otherwise noted.



Sec. 8.1  Definitions.

    As used in this part:
    (a) National park includes a national monument or other area under 
the administrative jurisdiction of the National Park Service of the 
Department of the Interior.
    (b) Concessioner includes any individual, partnership, corporation, 
or other business entity engaged in operating facilities within or 
without a national park for the accommodation of visitors to the park 
under a contract with or permit from the Secretary or the Director.
    (c) Employee includes any individual employed by a concessioner in 
connection with operations covered by a contract with or permit from the 
Secretary or the Director.
    (d) Executive or department head includes any employee whose primary 
duty is the management of the business of the concessioner, or a 
customarily recognized department thereof, and who customarily and 
regularly directs the work of other employees with authority to employ 
and discharge other employees, or whose suggestions and recommendations 
as to the employment, discharge, advancement or promotion of such 
employees will be given particular weight by the concessioner, and who 
customarily and regularly exercises discretionary powers.
    (e) State means any State, Territory, possession, or the District of 
Columbia.

[24 FR 11053, Dec. 30, 1959, as amended at 62 FR 30234, June 3, 1997]



Sec. 8.2  Basis and purpose.

    The public using the national parks is better served when the 
employees of the concessioners enjoy the benefits of fair labor 
standards and when, in this respect, they are treated at least as well 
as those employed in similar occupations outside such areas, but within 
the same State. This principle is the basis of the regulations in this 
part and their purpose is its implementation.



Sec. 8.3  Applicability.

    This part shall not apply to:
    (a) Concessioners providing and operating medical services.
    (b) Personal servants.
    (c) Employees engaged in agricultural activities, including the 
care, handling, and feeding of livestock.
    (d) Detectives, watchmen, guards, and caretakers.
    (e) Bona fide executives or department heads.
    (f) Solicitors or outside salesmen whose compensation is chiefly on 
a commission basis.
    (g) Professional sports instructors and entertainers.
    (h) The following employees, when approved by the Director: 
Employees for whom relief is clearly impracticable because of peculiar 
conditions arising from the fact that operations

[[Page 139]]

are carried on in areas having no resident population or are located at 
long distances from a supply of available labor; employees whose 
employment requires special or technical training or skill, where no 
person capable of providing relief is available within a reasonable 
distance; employees in small units accessible only by trail or remote 
from centers of activity, or operating on a small volume of business 
primarily for the convenience of the public.



Sec. 8.4  Federal and State labor laws.

    A concessioner shall comply with all standards established pursuant 
to Federal or State labor laws, such as those concerning minimum wages, 
child labor, hours of work, and safety, that apply in the State in which 
the concession facility is located. All concessioners shall comply with 
Federal child labor regulations regardless of their annual volume of 
business or any other exemptions provided by Federal law.

[51 FR 24656, July 8, 1986]



Sec. 8.5  Access for investigators.

    Concessioners shall permit representatives of this Department and, 
when appropriate and authorized representatives of other Federal or 
State agencies, access to any of their places of employment for the 
purpose of examining pay rolls and other records and otherwise to 
ascertain the facts with respect to compliance with the regulations in 
this part and State labor laws. The report of any investigation 
concerning a violation of the regulations in this part shall be 
submitted to the superintendent of the national park involved.

[24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986]



Sec. 8.6  Complaints; appeal.

    Any question pertaining to the interpretation or application of or 
compliance with this part which cannot be satisfactorily settled between 
a concessioner and his employee, employees, or employee representative 
may be referred for review by any of the parties concerned to the 
Director, National Park Service. Any person adversely affected by the 
decision of the Director, National Park Service, may appeal to the 
Director, Office of Hearings and Appeals, in accordance with the general 
rules set forth in Department Hearings and Appeals Procedures, 43 CFR 
part 4, subpart B, and the special procedural rules in subpart G of 43 
CFR part 4, applicable to proceedings in appeals cases which do not lie 
within the appellate jurisdiction of an established Appeals Board of the 
Office of Hearings and Appeals.

[36 FR 7184, Apr. 15, 1971. Redesignated at 51 FR 24656, July 8, 1986]



Sec. 8.7  Record keeping.

    Concessioners shall for a period of 3 years keep records of the 
name, age, address, and occupation of each of their employees, the rate 
of pay and the amount paid to each employee each pay day, the hours 
worked each day and each work week by each employee and such other 
information concerning employees as the Director may require.

[24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986]



Sec. 8.8  Filing of labor agreements.

    Within 60 days after the effective date of the regulations in this 
part (January 1, 1949), concessioners shall file with the Director of 
the National Park Service a copy of each labor agreement in effect on 
the effective date of the regulations in this part, covering rates of 
pay, hours of work, and conditions of employment duly negotiated with 
their employees as a whole or by class, craft, or other appropriate 
unit. Thereafter, on July 1 of each year concessioners shall file copies 
of all such agreements then in effect with the Director of the National 
Park Service.

[24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986]



Sec. 8.9  Posting of regulations.

    Concessioners shall post in a conspicuous place easily accessible to 
all employees copies of the regulations in this part in such form as the 
Director may approve.

[24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986]

[[Page 140]]



PART 9--MINERALS MANAGEMENT--Table of Contents




                   Subpart A--Mining and Mining Claims

Sec.
9.1  Purpose and scope.
9.2  Definitions.
9.3  Access permits.
9.4  Surface disturbance moratorium.
9.5  Recordation.
9.6  Transfers of interest.
9.7  Assessment work.
9.8  Use of water.
9.9  Plan of operations.
9.10  Plan of operations approval.
9.11  Reclamation requirements.
9.12  Supplementation or revision of plan of operations.
9.13  Performance bond.
9.14  Appeals.
9.15  Use of roads by commercial vehicles.
9.16  Penalties.
9.17  Public inspection of documents.
9.18  Surface use and patent restrictions.

                Subpart B--Non-Federal Oil and Gas Rights

9.30  Purpose and scope.
9.31  Definitions.
9.32  Access.
9.33  Existing operations.
9.34  Transfers of interest.
9.35  Use of water.
9.36  Plan of operations.
9.37  Plan of operations approval.
9.38  Temporary approval.
9.39  Reclamation requirements.
9.40  Supplementation or revision of plan of operations.
9.41  Operating standards.
9.42  Well records and reports, plots and maps, samples, tests, and 
          surveys.
9.43  Precautions necessary in areas where high pressures are likely to 
          exist.
9.44  Open flows and control of ``wild'' wells.
9.45  Handling of wastes.
9.46  Accidents and fires.
9.47  Cultural resource protection.
9.48  Performance bond.
9.49  Appeals.
9.50  Use of roads by commerical vehicles.
9.51  Damages and penalties.
9.52  Public inspection of documents.

                          Subpart C  [Reserved]

          Subpart D--Alaska Mineral Resource Assessment Program

9.80  Purpose.
9.81  Scope and applicability.
9.82  Definitions.
9.83  Coordination of AMRAP activities in National Park System units.
9.84  Application requirements.
9.85  Environmental compliance.
9.86  Application review process and approval standards.
9.87  Permitting requirements and standards.
9.88  Permit modification, suspension, and cancellation.
9.89  Appeals.



                   Subpart A--Mining and Mining Claims

    Authority: Mining Law of 1872 (R.S. 2319; 30 U.S.C. 21 et seq.); Act 
of August 25, 1916 (39 Stat. 535, as amended (16 U.S.C. 1 et seq.); Act 
of September 28, 1976; 90 Stat. 1342 (16 U.S.C. 1901 et seq.)).

    Source: 42 FR 4835, Jan. 26, 1977, unless otherwise noted.



Sec. 9.1  Purpose and scope.

    These regulations control all activities within units of the 
National Park System resulting from the exercise of valid existing 
mineral rights on patented or unpatented mining claims without regard to 
the means or route by which the operator gains access to the claim. The 
purpose of these regulations is to insure that such activities are 
conducted in a manner consistent with the purposes for which the 
National Park System and each unit thereof were created, to prevent or 
minimize damage to the environment or other resource values, and to 
insure that the pristine beauty of the units is preserved for the 
benefit of present and future generations. These regulations apply to 
all operations, as defined herein, conducted within the boundaries of 
any unit of the National Park System.

[53 FR 25162, July 2, 1988]



Sec. 9.2  Definitions.

    The terms used in this part shall have the following meanings:
    (a) Secretary. The Secretary of the Interior.
    (b) Operations. All functions, work and activities in connection 
with mining on claims, including: prospecting, exploration, surveying, 
development and extraction; dumping mine wastes and stockpiling ore; 
transport or processing of mineral commodities; reclamation of the 
surface disturbed by such activities; and all activities and uses 
reasonably incident thereto, including construction or use of roads or

[[Page 141]]

other means of access on National Park System lands, regardless of 
whether such activities and uses take place on Federal, State, or 
private lands.
    (c) Operator. A person conducting or proposing to conduct 
operations.
    (d) Person. Any individual, partnership, corporation, association, 
or other entity.
    (e) Superintendent. The Superintendent, or his designee, of the unit 
of the National Park System containing claims subject to these 
regulations.
    (f) Surface mining. Mining in surface excavations, including placer 
mining, mining in open glory-holes or mining pits, mining and removing 
ore from open cuts, and the removal of capping or overburden to uncover 
ore.
    (g) The Act. The Act of September 28, 1976, 90 Stat. 1342, 16 U.S.C. 
1901 et seq.
    (h) Commercial vehicle. Any motorized equipment used for 
transporting the product being mined or excavated, or for transporting 
heavy equipment used in mining operations.
    (i) Unit. Any National Park System area containing a claim or claims 
subject to these regulations.
    (j) Claimant. The owner, or his legal representative, of any claim 
lying within the boundaries of a unit.
    (k) Claim. Any valid, patented or unpatented mining claim, mill 
site, or tunnel site.
    (l) Significantly disturbed for purposes of mineral extraction. Land 
will be considered significantly disturbed for purposes of mineral 
extraction when there has been surface extraction of commercial amounts 
of a mineral, or significant amounts of overburden or spoil have been 
displaced due to the extraction of commercial amounts of a mineral. 
Extraction of commercial amounts is defined as the removal of ore from a 
claim in the normal course of business of extraction for processing or 
marketing. It does not encompass the removal of ore for purposes of 
testing, experimentation, examination or preproduction activities.
    (m) Designated roads. Those existing roads determined by the 
Superintendent in accordance with 36 CFR 1.5 to be open for the use of 
the public or an operator.
    (n) Production. Number of tons of a marketable mineral extracted 
from a given operation.

[42 FR 4835, Jan. 26, 1977, as amended at 60 FR 55791, Nov. 3, 1995; 62 
FR 30234, June 3, 1997]



Sec. 9.3  Access permits.

    (a) All special use or other permits dealing with access to and from 
claims within any unit are automatically revoked 120 days after January 
26, 1977. All operators seeking new or continued access to and from a 
claim after that date must file for new access permits in accordance 
with these regulations, unless access to a mining claim is by pack 
animal or foot. (See Sec. 9.7 for restrictions on assessment work and 
Sec. 9.9(d) and Sec. 9.10(g) for extensions of permits.)
    (b) Prior to the issuance of a permit for access to any claim or 
claims, the operator must file with the Superintendent a plan of 
operations pursuant to Sec. 9.9. No permit shall be issued until the 
plan of operations has been approved in accordance with Sec. 9.10.
    (c) No access to claims outside a unit will be permitted across unit 
lands unless such access is by foot, pack animal, or designated road. 
Persons using such roads for access to such claims must comply with the 
terms of Sec. 9.15 where applicable.
    (d) In units of the National Park System in Alaska, regulations at 
43 CFR part 36 govern access to claims, and the provisions of 36 CFR 9.3 
(a), (b) and (c) are inapplicable.

[42 FR 4835, Jan. 26, 1977, as amended at 53 FR 25162, July 5, 1988]



Sec. 9.4  Surface disturbance moratorium.

    (a) For a period of four years after September 28, 1976, no operator 
of a claim located within the boundaries of Death Valley National 
Monument, Mount McKinley National Park, or Organ Pipe Cactus National 
Monument (see also claims subject to Sec. 9.10(a)(3)) shall disturb for 
purposes of mineral exploration or development the surface of any lands 
which had not been significantly disturbed for purposes of mineral 
extraction prior to February

[[Page 142]]

29, 1976, except as provided in this section. However, where a claim is 
subject, for a peroid of four years after September 28, 1976, to this 
section solely by virtue of Sec. 9.10(a)(3), the date before which there 
must have been significant disturbance for purposes of mineral 
extraction is January 26, 1977.
    (b) An operator of a claim in one of these units seeking to enlarge 
an existing excavation or otherwise disturb the surface for purposes of 
mineral exploration or development shall file with the Superintendent an 
application stating his need to disturb additional surface in order to 
maintain production at an annual rate not to exceed an average annual 
production level of said operations for the three calendar years 1973, 
1974, and 1975. Accompanying the application shall be a plan of 
operations which complies with Sec. 9.9 and verified copies of 
production records for the years 1973, 1974, and 1975.
    (c) If the Regional Director finds that the submitted plan of 
operations complies with Sec. 9.9, that enlargement of the existing 
excavation of an individual mining operation is necessary in order to 
make feasible continued production therefrom at an annual rate not to 
exceed the average annual production level of said operation for the 
three calendar years 1973, 1974, and 1975, and that the plan of 
operations meets the applicable standard of approval of Sec. 9.10(a)(1), 
he shall issue a permit allowing the disturbance of the surface of the 
lands contiguous to the existing excavation to the minimum extent 
necessary to effect such enlargement. For the purpose of this section 
``lands contiguous to the existing excavation'' shall include land which 
actually adjoins the existing excavation or which could logically become 
an extension of the excavation; for example, drilling to determine the 
extent and direction to which the existing excavation should be extended 
may be permitted at a site which does not actually adjoin the 
excavating.
    (d) The appropriate reclamation standard to be applied will be 
determined by the nature of the claim. (See Secs. 9.11(a)(1) and 
(a)(2).)
    (e) Operations conducted under a permit pursuant to this section 
shall be subject to all the limitations imposed by this part.
    (f) For the purposes of this section, each separate mining 
excavation shall be treated as an individual mining operation.



Sec. 9.5  Recordation.

    (a) Any unpatented mining claim in a unit in existence on September 
28, 1976, which was not recorded on or before September 28, 1977, in 
accordance with the Notice of October 20, 1976 (41 FR 46357) or 36 CFR 
9.5 as promulgated on January 26, 1977, is, pursuant to section 8 of the 
Act, conclusively presumed to be abandoned and shall be void.
    (b) Any unpatented mining claim in a unit established after 
September 28, 1976, or in an area added to an existing unit after that 
date, shall be recorded with the Bureau of Land Management in accordance 
with the provisions of section 314 of the Federal Land Policy and 
Management Act (FLPMA), 90 Stat. 2769, 43 U.S.C. 1744, and regulations 
implementing it (43 CFR 3833.1).
    (c) A claimant of an unpatented mining claim in any unit must file 
annually with the Bureau of Land Management a notice of intention to 
hold a claim or evidence of annual assessment work required by section 
314 of FLPMA, as implemented by 43 CFR 3833.2. A copy of each such 
filing will be provided to the Superintendent of the appropriate unit by 
the Bureau of Land Management.
    (d) The effect of failure to file the instruments required by 
paragraphs (b) and (c) of this section shall be controlled by 43 CFR 
3833.4. Recordation or filing under this section shall not render any 
claim valid which would not otherwise be valid under applicable law and 
shall not give the claimant any rights to which he is not otherwise 
entitled by law.

(Act of September 28, 1976 (16 U.S.C. 1901 et seq.), Act of August 25, 
1916 (16 U.S.C. 1 and 2-4) and 245 DM (42 FR 12931), as amended)

[44 FR 20427, Apr. 5, 1979]



Sec. 9.6  Transfers of interest.

    (a) Whenever a claimant who has recorded his unpatented claim(s) 
with

[[Page 143]]

the Superintendent pursuant to the requirements of Sec. 9.5 sells, 
assigns, bequeaths, or otherwise conveys all or any part of his interest 
in his claim(s), the Superintendent shall be notified within 60 days 
after completion of the transfer of: The name of the claim(s) involved; 
the name and legal address of the person to whom an interest has been 
sold, assigned, bequeathed, or otherwise transferred; and a description 
of the interest conveyed or received. Copies of the transfer documents 
will be provided by the Superintendent to the Bureau of Land Management. 
Failure to so notify the Superintendent shall render any existing access 
permit void.
    (b) If the transfer occurs within the period of 12 months from the 
effective date of the Act and the prior owner has not recorded the 
unpatented claim with the Superintendent in accordance with these 
regulations, the holder by transfer shall have the remainder of the 12-
month period to record the unpatented claim. Failure to record shall be 
governed by the provisions of Sec. 9.5(c).



Sec. 9.7  Assessment work.

    (a) An access permit and approved plan of operations must be 
obtained by a claimant prior to the performance of any assessment work 
required by Revised Statute 2324 (30 U.S.C. 28) on a claim in a unit.
    (b) Permits will be issued in accordance with the following:
    (1) In units subject to the surface disturbance moratorium of 
section 4 of the Act and Sec. 9.4, no access permits will be granted for 
the purpose of performing assessment work.
    (2) It has been determined that in all other units the Secretary 
will not challenge the validity of any unpatented claim within a unit 
for the failure to do assessment work during or after the assessment 
year commencing September 1, 1976. The Secretary expressly reserves, 
however, the existing right to contest claims for failure to do such 
work in the past. No access permits will be granted solely for the 
purpose of performing assessment work in these units except where 
claimant establishes the legal necessity for such permit in order to 
perform work necessary to take the claim to patent, and has filed and 
had approved a plan of operations as provided by these regulations. (For 
exploratory or development type work, see Sec. 9.9.)



Sec. 9.8  Use of water.

    (a) No operator may use for operations any water from a point of 
diversion which is within the boundaries of any unit unless authorized 
in writing by the Regional Director. The Regional Director shall not 
approve a plan of operations requiring the use of water from such source 
unless the right to the water has been perfected under applicable State 
law, has a priority date prior to the establishment of the unit and 
there has been a continued beneficial use of that water right.
    (b) If an operator whose operations will require the use of water 
from a point of diversion within the boundaries of the unit can show 
that he has a perfected State water right junior to the reserved water 
right of the United States and can demonstrate that the exercise of that 
State water right will not diminish the Federal right, which is that 
amount of water necessary for the purposes for which the unit was 
established, he will be authorized to use water from that source for 
operations, if he has complied with all other provisions of these 
regulations.



Sec. 9.9  Plan of operations.

    (a) No operations shall be conducted within any unit until a plan of 
operations has been submitted by the operator to the Superintendent and 
approved by the Regional Director. All operations within any unit shall 
be conducted in accordance with an approved plan of operations.
    (b) The proposed plan of operations shall relate, as appropriate, to 
the proposed operations (e.g. exploratory, developmental or extraction 
work) and shall include but is not limited to:
    (1) The names and legal addresses of the following persons: The 
operator, the claimant if he is not the operator, and any lessee, 
assignee, or designee thereof;
    (2) A map or maps showing the proposed area of operations; existing 
roads or proposed routes to and from the area

[[Page 144]]

of operations; areas of proposed mining; location and description of 
surface facilities, including dumps;
    (3) A description of the mode of transport and major equipment to be 
used in the operations;
    (4) A description of the proposed operations and an estimated 
timetable for each phase of operations and the completion of operations;
    (5) The nature and extent of the known deposit to be mined. When the 
claim is located in a National Monument in Alaska and is unpatented, a 
completed Supplemental Claim Information Statement shall be submitted 
describing the quantity, quality, and any previous production of the 
deposit;
    (6) A mining reclamation plan demonstrating compliance with the 
requirements of Sec. 9.11;
    (7) All steps taken to comply with any applicable Federal, State, 
and local laws or regulations, including the applicable regulations in 
36 CFR, chapter I;
    (8) In units subject to the surface disturbance moratorium of 
section 4 of the Act and Sec. 9.4, proof satisfactory to the Regional 
Director that the surface of the area on which the operation is to occur 
was significantly disturbed for purposes of mineral extraction prior to 
February 29, 1976, or if the area was not so disturbed, proof, including 
production records for the years 1973, 1974, and 1975, that new 
disturbance is necessary to maintain an average annual rate of 
production not to exceed that of the years 1973, 1974, and 1975;
    (9) An environmental report analyzing the following:
    (i) The environment to be affected by the operations,
    (ii) The impacts of the operations on the unit's environment,
    (iii) Steps to be taken to insure minimum surface disturbance,
    (iv) Methods for disposal of all rubbish and other solid and liquid 
wastes,
    (v) Alternative methods of extraction and the environmental effects 
of each,
    (vi) The impacts of the steps to be taken to comply with the 
reclamation plan, and
    (10) Any additional information that is required to enable the 
Regional Director to effectively analyze the effects that the operations 
will have on the preservation, management and public use of the unit, 
and to make a decision regarding approval or disapproval of the plan of 
operations and issuance or denial of the access permit.
    (c) In all cases the plan must consider and discuss the unit's 
Statement for Management and other planning documents, and activities to 
control, minimize or prevent damage to the recreational, biological, 
scientific, cultural, and scenic resources of the unit.
    (d) Any person conducting operations on January 26, 1977, shall be 
required to submit a plan of operations to the Superintendent. If 
otherwise authorized, operations in progress on January 26, 1977, may 
continue for 120 days from that date without having an approved plan. 
After 120 days from January 26, 1977, no such operations shall be 
conducted without a plan approved by the Regional Director, unless 
access is extended under the existing permit by the Regional Director. 
(See Sec. 9.10(g).)

[42 FR 4835, Jan. 26, 1977, as amended at 44 FR 11069, Feb. 27, 1979]



Sec. 9.10  Plan of operations approval.

    (a) The Regional Director shall not approve a plan of operations:
    (1) For existing or new operations if the claim was patented without 
surface use restriction, where the operations would constitute a 
nuisance in the vicinity of the operation, or would significantly injure 
or adversely affect federally owned lands; or
    (2) For operations which had not significantly disturbed the surface 
of the claim for purposes of mineral extraction prior to January 26, 
1977, if the claim has not been patented, or if the patent is subject to 
surface use restrictions, where the operations would preclude management 
for the purpose of preserving the pristine beauty of the unit for 
present and future generations, or would adversely affect or 
significantly injure the ecological or cultural resources of the unit. 
No new surface mining will be permitted under this paragraph except 
under this standard; or
    (3) For operations which had significantly disturbed the surface of 
the claim for purposes of mineral extraction prior to January 26, 1977, 
if the claim has not been taken to patent, or

[[Page 145]]

the patent is subject to surface use restrictions, where the operations 
would constitute a nuisance in the vicinity of the operation, or would 
significantly injure or adversely affect federally owned lands. 
Provided, however, operations under this paragraph shall be limited by 
the provisions of Sec. 9.4, notwithstanding the limitation of that 
section's applicability to the three enumerated units;
    (4) Where the claim, regardless of when it was located, has not been 
patented and the operations would result in the destruction of surface 
resources, such as trees, vegetation, soil, water resources, or loss of 
wildlife habitat, not required for development of the claim; or
    (5) Where the operations would constitute a violation of the surface 
disturbance moratorium of section 4 of the Act; or
    (6) Where the plan does not satisfy each of the requirements of 
Sec. 9.9.
    (b) Within 60 days of the receipt of a proposed plan of operations, 
the Regional Director shall make an environmental analysis of such plan, 
and
    (1) Notify the operator that he has approved or rejected the plan of 
operations; or
    (2) Notify the operator of any changes in, or additions to the plan 
of operations which are necessary before such plan will be approved; or
    (3) Notify the operator that the plan is being reviewed, but that 
more time, not to exceed an additional 30 days, is necessary to complete 
such review, and setting forth the reasons why additional time is 
required; Provided, however, That days during which the area of 
operations is inaccessible for such reasons as inclement weather, 
natural catastrophy, etc., for inspection shall not be included when 
computing either this time period, or that in paragraph (b) of this 
section; or
    (4) Notify the operator that the plan cannot be considered for 
approval until forty-five (45) days after a final environmental impact 
statement, if required, has been prepared and filed with the Council on 
Environmental Quality.
    (c) Failure of the Regional Director to act on a proposed plan of 
operations and related permits within the time period specified shall 
constitute an approval of the plan and related permits for a period of 
three (3) years.
    (d) The Regional Director's analysis may include:
    (1) An examination of the environmental report filed by the 
operator;
    (2) An evaluation of measures and timing required to comply with 
reclamation requirements;
    (3) An evaluation of necessary conditions and amount of the bond or 
security deposit to cover estimated reclamation costs;
    (4) An evaluation of the need for any additional requirements in 
access permit; and
    (5) A determination regarding the impact of this operation and the 
cumulative impact of all operations on the management of the unit.
    (e) Prior to approval of a plan of operations, the Regional Director 
shall determine whether any properties included in, or eligible for 
inclusion in, the National Register of Historic Places or National 
Registry of Natural Landmarks may be affected by the proposed activity. 
This determination will require the acquisition of adequate information, 
such as that resulting from field surveys, in order to properly 
determine the presence of and significance of cultural resources within 
the area to be affected by mining operations. Whenever National Register 
properties or properties eligible for inclusion in the National Register 
would be affected by mining operations, the Regional Director shall 
comply with section 106 of the National Historic Preservation Act of 
1966 as implemented by 36 CFR part 800.
    (1) The operator shall not injure, alter, destroy, or collect any 
site, structure, object, or other value of historical, archeological, or 
other cultural scientific importance. Failure to comply with this 
requirement shall constitute a violation of the Antiquities Act (16 
U.S.C. 431-433) (see 43 CFR part 3).
    (2) The operator shall immediately bring to the attention of the 
Superintendent any cultural and/or scientific resource that might be 
altered or destroyed by his operation and shall leave such discovery 
intact until told to proceed by the Superintendent. The

[[Page 146]]

Superintendent will evaluate the discoveries brought to his attention, 
and will determine within ten (10) working days what action will be 
taken with respect to such discoveries.
    (3) The responsibility for, and cost of investigations and salvage 
of such values that are discovered during operations will be that of the 
operator, where the claim is unpatented.
    (f) The operator shall protect all survey monuments, witness 
corners, reference monuments and bearing trees against destruction, 
obliteration, or damage from mining operations, and shall be responsible 
for the reestablishment, restoration, or referencing of any monuments, 
corners and bearing trees which are destroyed, obliterated, or damaged 
by such mining operations.
    (g) Pending approval of the plan of operations, the Regional 
Director may approve, on a temporary basis, the continuation of existing 
operations if necessary to enable timely compliance with these 
regulations and with Federal, State, or local laws, or if a halt to 
existing operations would result in an unreasonable economic burden or 
injury to the operator. Such work must be conducted in accordance with 
all applicable laws, and in a manner prescribed by the Regional Director 
and designed to minimize or prevent significant environmental effects.
    (h) Approval of each plan of operations is expressly conditioned 
upon the Superintendent having such reasonable access to the claim as is 
necessary to properly monitor and insure compliance with the plan of 
operations.



Sec. 9.11  Reclamation requirements.

    (a) As contemporaneously as possible with the operations, but in no 
case later than six (6) months after completion of operations and within 
the time specified in an approved mining reclamation plan, unless a 
longer period is authorized in writing by the Regional Director, each 
operator shall initiate reclamation as follows:
    (1) Where the claim was patented without surface use restriction, 
the operator shall at a minimum:
    (i) Remove all above ground structures, equipment, and other manmade 
debris used for operations; and
    (ii) Rehabilitate the area of operations to a condition which would 
not constitute a nuisance; or would not adversely affect, injure or 
damage, federally owned lands.
    (2) On any claim which was patented with surface use restrictions or 
is unpatented, each operator must take steps to restore natural 
conditions and processes, which steps shall include, but are not limited 
to:
    (i) Removing all above ground structures, equipment and other 
manmade debris;
    (ii) Providing for the prevention of surface subsidence;
    (iii) Replacing overburden and spoil, wherever economically and 
technologically practicable;
    (iv) Grading to reasonably conform the contour of the area of 
operations to a contour similar to that which existed prior to the 
initiation of operations, where such grading will not jeopardize 
reclamation;
    (v) Replacing the natural topsoil necessary for vegetative 
restoration; and
    (vi) Reestablishing native vegetative communities.
    (b) Reclamation under paragraph (a)(2) of this section is 
unacceptable unless it provides for the safe movement of native 
wildlife, the reestablishment of native vegetative communities, the 
normal flow of surface and reasonable flow of subsurface waters, the 
return of the area to a condition which does not jeopardize visitor 
safety or public use of the unit, and return of the area to a condition 
equivalent to its pristine beauty.
    (c) Reclamation required by this section shall apply to operations 
authorized under this part, except that all terms relating to 
reclamation of previously issued special use permits revoked by this 
part for operations to be continued under an approved plan of operations 
shall be incorporated into the operator's reclamation plans.



Sec. 9.12  Supplementation or revision of plan of operations.

    (a) An approved plan of operations may require reasonable revision 
or supplementation to adjust the plan to changed conditions or to 
correct oversights.

[[Page 147]]

    (1) The Regional Director may initiate an alteration by notifying 
the operator in writing of the proposed alteration and the justification 
therefor. The operator shall have thirty (30) days to comment on the 
proposal.
    (2) The operator may initiate an alteration by submitting to the 
Superintendent a written statement of the proposal, and the 
justification therefor.
    (b) Any proposal initiated under paragraph (a) of this section by 
either party shall be reviewed and decided by the Regional Director in 
accordance with Sec. 9.10. Where the operator believes he has been 
aggrieved by a decision under this paragraph, he may appeal the decision 
pursuant to Sec. 9.14.



Sec. 9.13  Performance bond.

    (a) Upon approval of a plan of operations the operator shall be 
required to file a suitable performance bond with satisfactory surety, 
payable to the Secretary or his designee. The bond shall be conditioned 
upon faithful compliance with applicable regulations, the terms and 
conditions of the permit, lease, or contract, and the plan of operations 
as approved, revised or supplemented.
    (b) In lieu of a performance bond, an operator may elect to deposit 
with the Secretary, or his designee, cash or negotiable bonds of the 
U.S. Government. The cash deposit or the market value of such securities 
shall be at least equal to the required sum of the bond.
    (c) The bond or security deposit shall be in an amount equal to the 
estimated cost of completion of reclamation requirements either in their 
entirety or in a phased schedule for their completion as set forth in 
the approved, supplemented or revised plan of operations.
    (d) In the event that an approved plan of operations is revised or 
supplemented in accordance with Sec. 9.12, the Superintendent may adjust 
the amount of the bond or security deposit to conform to the plan of 
operations as modified.
    (e) The operator's and his surety's responsibility and liability 
under the bond or security deposit shall continue until such time as the 
Superintendent determines that successful reclamation of the area of 
operations has occurred.
    (f) When all required reclamation requirements of an approved plan 
of operations are completed, the Superintendent shall notify the 
operator that performance under the bond or security deposit has been 
completed and that it is released.



Sec. 9.14  Appeals.

    (a) Any operator aggrieved by a decision of the Regional Director in 
connection with the regulations in this part may file with the Regional 
Director a written statement setting forth in detail the respects in 
which the decision is contrary to, or in conflict with, the facts, the 
law, these regulations, or is otherwise in error. No such appeal will be 
considered unless it is filed with the Regional Director within thirty 
(30) days after the date of notification to the operator of the action 
or decision complained of. Upon receipt of such written statement from 
the aggrieved operator, the Regional Director shall promptly review the 
action or decision and either reverse his original decision or prepare 
his own statement, explaining that decision and the reasons therefor, 
and forward the statement and record on appeal to the Director, National 
Park Service, for review and decision. Copies of the Regional Director's 
statement shall be furnished to the aggrieved operator, who shall have 
20 days within which to file exceptions to the Regional Director's 
decision. The Department has the discretion to initiate a hearing before 
the Office of Hearing and Appeals in a particular case. (See 43 CFR 
4.700.)
    (b) The official files of the National Park Service on the proposed 
plan of operations and any testimony and documents submitted by the 
parties on which the decision of the Regional Director was based shall 
constitute the record on appeal. The Regional Director shall maintain 
the record under separate cover and shall certify that it is the record 
on which his decision was based at the time it is forwarded to the 
Director of the National Park Service. The National Park Service shall 
make the record available to the operator upon request.
    (c) If the Director considers the record inadequate to support the 
decision on appeal, he may provide for the

[[Page 148]]

production of such additional evidence or information as may be 
appropriate, or may remand the case to the Regional Director, with 
appropriate instructions for further action.
    (d) On or before the expiration of forty-five (45) days after his 
receipt of the exceptions to the Regional Director's decision, the 
Director shall make his decision in writing; Provided, however, That if 
more than forty-five (45) days are required for a decision after the 
exceptions are received, the Director shall notify the parties to the 
appeal and specify the reason(s) for delay. The decision of the Director 
shall include (1) a statement of facts, (2) conclusions, and (3) reasons 
upon which the conclusions are based. The decision of the Director shall 
be the final administrative action of the agency on a proposed plan of 
operations.
    (e) A decision of the Regional Director from which an appeal is 
taken shall not be automatically stayed by the filing of a statement of 
appeal. A request for a stay may accompany the statement of appeal or 
may be directed to the Director. The Director shall promptly rule on 
requests for stays. A decision of the Director on request for a stay 
shall constitute a final administrative decision.



Sec. 9.15  Use of roads by commercial vehicles.

    (a) After January 26, 1977, no commercial vehicle shall use roads 
administered by the National Park Service without first being registered 
with the Superintendent.
    (1) A fee shall be charged for such registration based upon a posted 
fee schedule, computed on a ton-mile basis. The fee schedule posted 
shall be subject to change upon 60 days notice.
    (2) An adjustment of the fee may be made at the discretion of the 
Superintendent where a cooperative maintenance agreement is entered into 
with the operator.
    (b) No commercial vehicle which exceeds roadway load limits 
specified by the Superintendent shall be used on roads administered by 
the National Park Service unless authorized by written permit from the 
Superintendent.
    (c) Should a commercial vehicle used in operations cause damage to 
roads or other facilities of the National Park Service, the operator 
shall be liable for all damages so caused.



Sec. 9.16  Penalties.

    Undertaking any operation within the boundaries of any unit in 
violation of this part shall be deemed a trespass against the United 
States, and the penalty provisions of 36 CFR part 1 are inapplicable to 
this part.



Sec. 9.17  Public inspection of documents.

    (a) Upon receipt of the plan of operations the Superintendent shall 
publish a notice in the Federal Register advising the availability of 
the plan for public review.
    (b) Any document required to be submitted pursuant to the 
regulations in this part shall be made available for public inspection 
at the Office of Superintendent during normal business hours. The 
availability of such records for inspection shall be governed by the 
rules and regulations found at 43 CFR part 2.



Sec. 9.18  Surface use and patent restrictions.

    (a) The regulations in 43 CFR 3826.2-5 and 3826.2-6, 3826.4-1(g) and 
3826.4-1(h), and 3826.5-3 and 3826.5-4 will apply to any claimant who 
wishes to take his claim to patent in Olympic National Park, Glacier Bay 
National Monument or Organ Pipe Cactus National Monument.
    (b) The additional provisions of 43 CFR subpart 3826 and 36 CFR 7.26 
and 7.45(a) will continue to apply to existing permits until 120 days 
after January 26, 1977, unless extended by the Regional Director. (See 
Sec. 9.10(g).

[42 FR 4835, Jan. 26, 1977, as amended at 48 FR 30296, June 30, 1983]



               Subpart--B--Non-Federal Oil and Gas Rights

    Authority: Act of August 25, 1916, 39 Stat. 535 (16 U.S.C. 1, et 
seq.); and the acts establishing the units of the National Park System, 
including but not limited to: Act of April 25, 1947, 61 Stat. 54 (16 
U.S.C. 241, et seq.); Act of July 2, 1958, 72 Stat. 285 (16 U.S.C. 410, 
et seq.); Act of October 27, 1972, 86

[[Page 149]]

Stat. 1312 (16 U.S.C. 460dd, et seq.): Act of October 11, 1974, 88 Stat. 
1256 (16 U.S.C. 698-698e); Act of October 11, 1974, 88 Stat. 1258 (16 
U.S.C. 698f-698m); Act of December 27, 1974, 88 Stat. 1787 (16 U.S.C. 
460ff et seq.).

    Source: 43 FR 57825, Dec. 8, 1978, unless otherwise noted.



Sec. 9.30  Purpose and scope.

    (a) These regulations control all activities within any unit of the 
National Park System in the exercise of rights to oil and gas not owned 
by the United States where access is on, across or through federally 
owned or controlled lands or waters. Such rights arise most frequently 
in one of two situations: (1) When the land is owned in fee, including 
the right to the oil and gas, or (2) When in a transfer of the surface 
estate to the United States, the grantor reserved the rights to the oil 
and gas. These regulations are designed to insure that activities 
undertaken pursuant to these rights are conducted in a manner consistent 
with the purposes for which the National Park System and each unit 
thereof were created, to prevent or minimize damage to the environment 
and other resource values, and to insure to the extent feasible that all 
units of the National Park System are left unimpaired for the enjoyment 
of future generations.

These regulations are not intended to result in the taking of a property 
interest, but rather to impose reasonable regulations on activities 
which involve and affect federally-owned lands.
    (b) Regulations controlling the exercise of minerals rights obtained 
under the Mining Law of 1872 in units of the National Park System can be 
found at 36 CFR part 9, subpart A. In area where oil and gas are owned 
by the United States, and leasing is authorized, the applicable 
regulations can be found at 43 CFR, Group 3100.
    (c) These regulations allow operators the flexibility to design 
plans of operations only for that phase of operations contemplated. Each 
plan need only describe those functions for which the operator wants 
immediate approval. For instance, it is impossible to define, at the 
beginning of exploratory activity, the design that production facilities 
might take. For this reason, an operator may submit a plan which applies 
only to the exploratory phase, allowing careful preparation of a plan 
for the production phase after exploration is completed. This allows for 
phased reclamation and bonding at a level commensurate with the level of 
operations approved. However, it must be noted that because of potential 
cumulative impacts, and because of qualitative differences in the nature 
of the operations, approval of a plan of operations covering one phase 
of operations does not guarantee later approval of a plan of operations 
covering a subsequent phase.

[43 FR 57825, Dec. 8, 1978, as amended at 44 FR 37914, June 29, 1979]



Sec. 9.31  Definitions.

    The terms used in this subpart shall have the following meanings:
    (a) Secretary. The Secretary of the Interior.
    (b) Director. The Director of the National Park Service or his 
designee.
    (c) Operations. All functions, work and activities within a unit in 
connection with exploration for and development of oil and gas 
resources, the right to which is not owned by the United States, 
including: gathering basic information required to comply with this 
subpart, prospecting, exploration, surveying, preproduction development 
and production; gathering, onsite storage, transport or processing of 
petroleum products; surveillance, inspection, monitoring, or maintenance 
of equipment; reclamation of the surface disturbed by such activities; 
and all activities and uses reasonably incident thereto performed within 
a unit, including construction or use of roads, pipelines, or other 
means of access or transportation on, across, or through federally owned 
or controlled lands and waters, regardless of whether such activities 
and uses take place on Federal, State or private lands.
    (d) Operator. A person conducting or proposing to conduct 
operations.
    (e) Person. Any individual, firm, partnership, corporation, 
association, or other entity.
    (f) Superintendent. The Superintendent, or his designee, of the unit 
of the National Park System containing lands subject to the rights 
covered by these regulations.

[[Page 150]]

    (g) Commercial Vehicle. Any motorized equipment used in direct or 
indirect support of operations.
    (h) Unit. Any National Park System area.
    (i) Owner. The owner, or his legal representative, of the rights to 
oil and gas being exercised.
    (j) Designated Roads. Those existing roads determined by the 
Superintendent in accordance with 36 CFR 1.5 and Sec. 4.19 to be open 
for the use of the general public or for the exclusive use of an 
operator.
    (k) Oil. Any viscous combustible liquid hydrocarbon or solid 
hydrocarbon substance easily liquifiable on warming which occurs 
naturally in the earth, including drip gasoline or other natural 
condensates recovered from gas without resort to manufacturing process.
    (l) Gas. Any fluid, either combustible or noncombustible, which is 
produced in a natural state from the earth and which maintains a gaseous 
or rarefied state at ordinary temperature and pressure conditions.
    (m) Site. Those lands or waters on which operations are to be 
carried out.
    (n) Contaminating substances. Those substances, including but not 
limited to, salt water or any other injurious or toxic chemcial, waste 
oil or waste emulsified oil, basic sediment, mud with injurious or toxic 
additives, or injurious or toxic substances produced or used in the 
drilling, development, production, transportation, or on-site storage, 
refining, and processing of oil and gas.
    (o) Statement for Management. A National Park Service planning 
document used to guide short- and long-term management of a unit; to 
determine the nature and extent of planning required to meet the unit's 
management objectives; and, in the absence of more specific planning 
documents, to provide a general framework for directing park operations 
and communicating park objectives to the public.

[43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979, as amended at 60 
FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997]



Sec. 9.32  Access.

    (a) No access on, across or through lands or waters owned or 
controlled by the United States to a site for operations will be granted 
except for operations covered by Sec. 9.33 and, except as provided by 
Sec. 9.38, until the operator has filed a plan of operations pursuant to 
Sec. 9.36 and has had the plan of operations approved in accordance with 
Sec. 9.37. An approved plan of operations serves as the operator's 
access permit.
    (b) No operations shall be conducted on a site within a unit, access 
to which is on, across or through federally-owned or controlled lands or 
waters except in accordance with an approved plan of operations, the 
terms of Sec. 9.33 or approval under Sec. 9.38.
    (c) Any operator intending to use aircraft of any kind for access to 
a federally-owned or controlled site must comply with these regulations. 
Failure of an operator to receive the proper approval under these 
regulations prior to using aircraft in this manner is a violation of 
both these regulations and 36 CFR 2.17.
    (d) No access to a site outside a unit will be permitted across unit 
lands unless such access is by foot, pack animal, or designated road. 
Persons using designated roads for access to such a site must comply 
with the terms of Sec. 9.50 where applicable.
    (e) Any operator on a site outside the boundaries of a unit must 
comply with these regulations if he is using directional drilling 
techniques which result in the drill hole crossing into the unit and 
passing under any land or water the surface of which is owned by the 
United States. Except, that the operator need not comply in those areas 
where, upon application of the operator or upon his own action, the 
Regional Director is able to determine from available data, that such 
operations pose no significant threat of damage to park resources, both 
surface and subsurface, resulting from surface subsidence, fracture of 
geological formations with resultant fresh water acquifer contamination, 
or natural gas escape, or the like.



Sec. 9.33  Existing operations.

    (a) Any person conducting operations on January 8, 1979 in 
accordance with a Federal or State issued permit may continue to do so 
as provided by this

[[Page 151]]

section. After expiration of such existing permits no operations shall 
be conducted except under an approved plan of operations, unless access 
is granted by the Regional Director under Sec. 9.38.
    (1) All Federal special use permits dealing with access on, across 
or through lands or waters owned or controlled by the United States to a 
site for the conduct of operations within any unit issued prior to 
January 8, 1979 shall expire according to their terms and shall not be 
renewed, unless by the terms of the existing permit it must be renewed.
    (2) All operations on a site in a unit access to which is on, 
across, or through federally owned or controlled lands or waters 
conducted pursuant to a valid State access permit may be continued for 
the term of that permit, exclusive of any renewal period whether 
mandatory or discretionary, if conducted in accordance with the permit.
    (b) Any person conducting operations on January 8, 1979 in a unit 
where Federal or State permits were not required prior to January 8, 
1979 may continue those operations pending a final decision on his plan 
of operations; Provided, That:
    (1) The operator (within thirty (30) days of January 8, 1979), 
notifies the Superintendent in writing of the nature and location of the 
operations; and
    (2) Within sixty (60) days after such notification, the operator 
submits, in accordance with these regulations, a substantially complete 
proposed plan of operations for those operations;
    (3) Failure to comply with Sec. 9.33(b) (1) and (2) shall constitute 
grounds for the suspension of operations.
    (c) At any time when operations which are allowed to continue under 
Sec. 9.33 (a) and (b) pose an immediate threat of significant injury to 
federally owned or controlled lands or waters, the Superintendent shall 
require the operator to suspend operations immediately until the threat 
is removed or remedied. The Superintendent must, within five (5) days of 
this suspension notify the operator in writing of the reasons for the 
suspension and of his right to appeal the suspension under Sec. 9.48.

[43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979]



Sec. 9.34  Transfers of interest.

    (a) Whenever an owner of rights being exercised under an approved 
plan of operations sells, assigns, bequeaths, or otherwise conveys all 
or any part of those rights, he, his agent, executor, or representative 
must notify the Superintendent within sixty (60) days of the transfer 
of: the site(s) involved; the name and address of the person to whom an 
interest has been conveyed; and a description of the interest 
transferred. Failure to so notify the Superintendent shall render the 
approval of any previously approved plan of operations void.
    (b) The transferring owner shall remain responsible for compliance 
with the plan of operations and shall remain liable under his bond until 
such time as the Superintendent is notified of the transfer in 
accordance with paragraph (a). At that time the Superintendent will 
prohibit the new owner from operating until such time as the new owner 
has filed with the Superintendent: (1) A statement ratifying the 
existing plan of operations and stating his intent to be bound thereby, 
or a new plan of operations, and (2) a suitable substitute performance 
bond which complies with the requirements of Sec. 9.48.



Sec. 9.35  Use of water.

    No operator may use for operations any water from a point of 
diversion which is within the boundaries of any unit unless authorized 
in writing by the Regional Director. The Regional Director shall not 
approve a plan of operations requiring the use of water from such source 
unless the operator shows either that his right to the use of the water 
is superior to any claim of the United States to the water, or where the 
operator's claim to the water is subordinate to that of the United 
States that the removal of the water from the water system will not 
damage the unit's resources. In either situation, the operator's use of 
water must comply with appropriate State water laws.

[[Page 152]]



Sec. 9.36  Plan of operations.

    (a) The proposed plan of operations shall include, as appropriate to 
the proposed operations, the following:
    (1) The names and legal addresses of the following persons: The 
operator, and the owner(s) or lessee(s) (if rights are State-owned) 
other than the operator;
    (2) Copy of the lease, deed, designation of operator, or assignment 
of rights upon which the operator's right to conduct operations is 
based;
    (3) A map or maps showing the location of the perimeter of the area 
where the operator has the right to conduct operations, as described in 
Sec. 9.36(a)(2), referenced to the State plane coordinate system or 
other public land survey as acceptable to the Superintendent;
    (4) A map or maps showing the location, as determined by a 
registered land surveyor or civil engineer, of a point within a site of 
operations showing its relationship to the perimeter of the area 
described in Sec. 9.36(a)(2) and to the perimeter of the site of 
operations; the location of existing and proposed access roads or routes 
to the site; the boundaries of proposed surface disturbance; the 
location of proposed drilling; location and description of all surface 
facilities including sumps, reserve pits and ponds; location of tank 
batteries, production facilities and gathering, service and transmission 
lines; wellsite layout; sources of construction materials such as fill; 
and the location of ancillary facilities such as camps, sanitary 
facilities, water supply and disposal facilities, and airstrips. The 
point within the site of operations identified by registered land 
surveyor or civil engineer shall be marked with a permanent ground 
monument acceptable to the Superintendent, shall contain the point's 
State plane coordinate values, and shall be placed at least to an 
accuracy of third order, class I, unless otherwise authorized by the 
Superintendent;
    (5) A description of the major equipment to be used in the 
operations, including a description of equipment and methods to be used 
for the transport of all waters used in or produced by operations, and 
of the proposed method of transporting such equipment to and from the 
site;
    (6) An estimated timetable for any phase of operations for which 
approval is sought and the anticipated date of operation completion;
    (7) The geologic name of the surface formation;
    (8) The proposed drilling depth, and the estimated tops of important 
geologic markers;
    (9) The estimated depths at which anticipated water, brines, oil, 
gas, or other mineral bearing formations are expected to be encountered;
    (10) The nature and extent of the known deposit or reservoir to be 
produced and a description of the proposed operations, including:
    (i) The proposed casing program, including the size, grade, and 
weight of each string, and whether it is new or used;
    (ii) The proposed setting depth of each casing string, and the 
amount of type of cement, including additives, to be used;
    (iii) The operator's minimum specifications for pressure control 
equipment which is to be used, a schematic diagram thereof showing 
sizes, pressure ratings, and the testing procedures and testing 
frequency;
    (iv) The type and characteristics of the proposed circulating medium 
or mediums to be employed for rotary drilling and the quantities and 
types of mud and weighting material to be maintained;
    (v) The testing, logging, and coring programs to be followed;
    (vi) Anticipated abnormal pressures or temperatures expected to be 
encountered; or potential hazards to persons and the environment such as 
hydrogen sulfide gas or oil spills, along with plans for mitigation of 
such hazards;
    (11) A description of the steps to be taken to comply with the 
applicable operating standards of Sec. 9.41 of this subpart;
    (12) Provisions for reclamation which will result in compliance with 
the requirements of Sec. 9.39:
    (13) A breakdown of the estimated costs to be incurred during the 
implementation of the reclamation plan;

[[Page 153]]

    (14) Methods for disposal of all rubbish and other solid and liquid 
wastes, and contaminating substances;
    (15) An affidavit stating that the operations planned are in 
compliance with all applicable Federal, State and local laws and 
regulations;
    (16) Background information, including:
    (i) A description of the natural, cultural, social and economic 
environments to be affected by operations, including a description and/
or map(s) of the location of all water, abandoned, temporarily 
abandoned, disposal, production, and drilling wells of public record 
within a two-mile radius of the proposed site. Where such information is 
available from documents identified in Sec. 9.36(d), specific reference 
to the document and the location within the document where such 
information can be found will be sufficient to satisfy this requirement;
    (ii) The anticipated direct and indirect effects of the operations 
on the unit's natural, cultural, social, and economic environment;
    (iii) Steps to be taken to insure minimum surface disturbance and to 
mitigate any adverse environmental effects, and a discussion of the 
impacts which cannot be mitigated;
    (iv) Measures to protect surface and subsurface waters by means of 
casing and cement, etc.;
    (v) All reasonable technologically feasible alternative methods of 
operations, their costs, and their environmental effects, and
    (vi) The effects of the steps to be taken to achieve reclamation;
    (17) Any other facets of the proposed operations which the operator 
wishes to point out for consideration; and
    (18) Any additional information that is required to enable the 
Superintendent to establish whether the operator has the right to 
conduct operations as specified in the plan of operations; to 
effectively analyze the effects that the operations will have on the 
preservation, management and public use of the unit; and to make a 
recommendation to the Regional Director regarding approval or 
disapproval of the plan of operations and the amount of the performance 
bond to be posted.
    (b) Where any information required to be submitted as part of a 
proposed plan of operations has been submitted to the Superintendent in 
substantially the same form in a prior approved plan of operations, a 
specific cross-reference to that information contained in the prior 
approved plan of operations will be sufficient to incorporate it into 
the proposed plan and will satisfy the applicable requirement of this 
section.
    (c) Information and materials submitted in compliance with this 
section will not constitute a plan of operations until information 
required by Sec. 9.36(a) (1) through (18), which the Superintendent 
determines as pertinent to the type of operations proposed, has been 
submitted to and determined adequate by the Regional Director.
    (d) In all cases the plan of operations must consider and discuss 
the unit's Statement for Management and other planning documents as 
furnished by the Superintendent, and activities to control, minimize or 
prevent damage to the recreational, biological, physical, scientific, 
cultural, and scenic resources of the unit, and any reclamation 
procedures suggested by the Superintendent.

[43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979]



Sec. 9.37  Plan of operations approval.

    (a) The Regional Director shall not approve a plan of operations:
    (1) Until the operator shows that the operations will be conducted 
in a manner which utilizes technologically feasible methods least 
damaging to the federally-owned or controlled lands, waters and 
resources of the unit while assuring the protection of public health and 
safety.
    (2) For operations at a site the surface estate of which is not 
owned by the Federal government, where operations would constitute a 
nuisance to Federal lands or waters in the vicinity of the operations, 
would significantly injure federally-owned or controlled lands and 
waters; or
    (3) For operations at a site the surface estate of which is owned or 
controlled by the Federal government, where operations would 
substantially interfere with management of the unit

[[Page 154]]

to ensure the preservation of its natural and ecological integrity in 
perpetuity, or would significantly injure the federally-owned or 
controlled lands or waters; Provided, however, That if the application 
of this standard would, under applicable law, constitute a taking of a 
property interest rather than an appropriate exercise of regulatory 
authority, the plan of operations may be approved if the operations 
would be conducted in accordance with paragraph (a)(1) of this section, 
unless a decision is made to acquire the mineral interest.
    (4) Where the plan of operations does not satisfy each of the 
requirements of Sec. 9.36 applicable to the operations proposed.
    (b) Within sixty (60) days of the receipt of a plan of operations, 
the Regional Director shall make an environmental analysis of such plan, 
and:
    (1) Notify the operator that the plan of operations has been 
approved or rejected, and, if rejected, the reasons for the rejection; 
or
    (2) Notify the operator that the plan of operations has been 
conditionally approved, subject to the operator's acceptance of specific 
provisions and stipulations; or
    (3) Notify the operator of any modification of the plan of 
operations which is necessary before such plan will be approved or of 
additional information needed to effectively analyze the effects that 
the operations will have on the preservation, management and use of the 
unit, and to make a decision regarding approval or disapproval of the 
plan of operations and the amount of the performance bond to be posted; 
or
    (4) Notify the operator that the plan of operations is being 
reviewed, but that more time, not to exceed an additional thirty days, 
is necessary to complete such review, and setting forth the reasons why 
additional time is required. Provided, however, That days during which 
the area of operations is inaccessible for such reasons as inclement 
weather, natural catastrophe, acts of God, etc., for inspection shall 
not be included when computing either this time period, or that in 
subsection (b) above; or
    (5) Notify the operator that the plan of operations has been 
reviewed, but cannot be considered for approval until forty-five (45) 
days after a final environmental statement has been prepared and filed 
with the Environmental Protection Agency; or
    (6) Notify the operator that the plan of operations is being 
reviewed, but that more time to provide opportunities for public 
participation in the plan of operations review and to provide sufficient 
time to analyze public comments received is necessary. Within thirty 
(30) days after closure of the public comment period specified by the 
Regional Director, he shall comply with Sec. 9.37(b) (1) through (5).
    (c) The Regional Director shall act as expeditiously as possible 
upon a proposed plan of operations consistent with the nature and scope 
of the operations proposed. Failure to act within the time limits 
specified in this section shall constitute a rejection of the plan of 
operations from which the operator shall have a right to appeal under 
Sec. 9.49.
    (d) The Regional Director's analysis shall include:
    (1) An examination of all information submitted by the operator;
    (2) An evaluation of measures and timing required to comply with 
reclamation requirements;
    (3) An evaluation of necessary conditions and amount of the bond or 
security deposit (See Sec. 9.48);
    (4) An evaluation of the need for any additional requirements in the 
plan;
    (5) A determination regarding the impact of this operation and 
cumulative impacts of all proposed and existing operations on the 
management of the unit; and
    (6) A determination whether implementation by the operator of an 
approved plan of operations would be a major Federal action 
significantly affecting the quality of the human environment or would be 
sufficiently controversial to warrant preparation of an environmental 
statement pursuant to section 102(2)(c) of the National Environmental 
Policy Act of 1969.
    (e) Prior to approval of a plan of operations, the Regional Director 
shall determine whether any properties included in, or eligible for 
inclusion in the National Register of Historic Places or National 
Registry of Natural

[[Page 155]]

Landmarks may be affected by the proposed operations. This determination 
will require the acquistion of adequate information, such as that 
resulting from field surveys, in order to properly determine the 
presence and significance of cultural resources within the areas to be 
affected by operations. Whenever National Register properties or 
properties eligible for inclusion in the National Register would be 
affected by operations, the Regional Director shall comply with section 
106 of the Historic Preservations Act of 1966 as implemented by 36 CFR 
part 800.
    (f) Approval of each plan of operations is expressly conditioned 
upon the Superintendent having such reasonable access to the site as is 
necessary to properly monitor and insure compliance with the plan of 
operations.

[43 FR 57825, Dec. 8, 1978; 44 FR 37914, June 29, 1979]



Sec. 9.38  Temporary approval.

    (a) The Regional Director may approve on a temporary basis:
    (1) Access on, across or through federally-owned or controlled lands 
or waters for the purpose of collecting basic information necessary to 
enable timely compliance with these regulations. Such temporary approval 
shall be for a period not in excess of sixty (60) days.
    (2) The continuance of existing operations, if their suspension 
would result in an unreasonable economic burden or injury to the 
operator; provided that such operations must be conducted in accordance 
with all applicable laws, and in a manner prescribed by the Regional 
Director designed to minimize or prevent significant environmental 
damage; and provided that within sixty (60) days of the granting of such 
temporary approval the operator either:
    (i) Submits an initial substantially complete plan of operations; or
    (ii) If a proposed plan of operations has been submitted, responds 
to any outstanding requests for additional information.
    (b) The Regional Director may approve new operations on a temporary 
basis only when:
    (1) The Regional Director finds that the operations will not cause 
significant environmental damage or result in significant new or 
additional surface disturbance to the unit; and either
    (2) The operator can demonstrate a compelling reason for the failure 
to have had timely approval of a proposed plan of operations; or
    (3) The operator can demonstrate that failure to grant such approval 
will result in an unreasonable economic burden or injury to the 
operator.

[43 FR 57825, Dec. 8, 1978, as amended at 44 FR 37914, June 29, 1979]



Sec. 9.39  Reclamation requirements.

    (a) Within the time specified by the reclamation provisions of the 
plan of operations, which shall be as soon as possible after completion 
of approved operations and shall not be later than six (6) months 
thereafter unless a longer period of time is authorized in writing by 
the Regional Director, each operator shall initiate reclamation as 
follows:
    (1) Where the Federal government does not own the surface estate, 
the operator shall at a minimum:
    (i) Remove or neutralize any contaminating substances; and
    (ii) Rehabilitate the area of operations to a condition which would 
not constitute a nuisance or would not adversely affect, injure, or 
damage federally-owned lands or waters, including removal of above 
ground structures and equipment used for operations, except that such 
structures and equipment may remain where they are to be used for 
continuing operations which are the subject of another approved plan of 
operations or of a plan which has been submitted for approval.
    (2) On any site where the surface estate is owned or controlled by 
the Federal government, each operator must take steps to restore natural 
conditions and processes. These steps shall include but are not limited 
to:
    (i) Removing all above ground structures, equipment and roads used 
for operations, except that such structures, equipment and roads may 
remain

[[Page 156]]

where they are to be used for continuing operations which are the 
subject of another approved plan of operations or of a plan which has 
been submitted for approval, or unless otherwise authorized by the 
Regional Director consistent with the unit purpose and management 
objectives;
    (ii) Removing all other man-made debris resulting from operations;
    (iii) Removing or neutralizing any contaminating substances;
    (iv) Plugging and capping all nonproductive wells and filling dump 
holes, ditches, reserve pits and other excavations;
    (v) Grading to reasonably conform the contour of the area of 
operations to a contour similar to that which existed prior to the 
initiation of operations, where such grading will not jeopardize 
reclamation;
    (vi) Replacing the natural topsoil necessary for vegetative 
restoration; and
    (vii) Reestablishing native vegetative communities.
    (b) Reclamation under paragraph (a)(2) of this section is 
unacceptable unless it provides for the safe movement of native 
wildlife, the reestablishment of native vegetative communities, the 
normal flow of surface and reasonable flow of subsurface waters, and the 
return of the area to a condition which does not jeopardize visitor 
safety or public use of the unit.



Sec. 9.40  Supplementation or revision of plan of operations.

    (a) A proposal to supplement or revise an approved plan of 
operations may be made by either the operator or the Regional Director 
to adjust the plan to changed conditions or to address conditions not 
previously contemplated by notifying the appropriate party in writing of 
the proposed alteration and the justification therefore.
    (b) Any proposed supplementation or revision of a plan of operations 
initiated under paragraph (a) of this section by either party shall be 
reviewed and acted on by the Regional Director in accordance with 
Sec. 9.37. If failure to implement proposed changes would not pose an 
immediate threat of significant injury to federally-owned or controlled 
lands or waters, the operator will be notified in writing sixty (60) 
days prior to the date such changes become effective, during which time 
the operator may submit comments on proposed changes. If failure to 
implement proposed changes would pose immediate threat of significant 
injury to federally-owned or controlled lands or waters, the provisions 
of Sec. 9.33(c) apply.



Sec. 9.41  Operating standards.

    The following standards shall apply to operations within a unit:
    (a) Surface operations shall at no time be conducted within 500 feet 
of the banks of perennial, intermittent or ephemeral watercourses; or 
within 500 feet of the high pool shoreline of natural or man-made 
impoundments; or within 500 feet of the mean high tideline; or within 
500 feet of any structure or facility (excluding roads) used for unit 
interpretation, public recreation or for administration of the unit, 
unless specifically authorized by an approved plan of operations.
    (b) The operator shall protect all survey monuments, witness 
corners, reference monuments and bearing trees against destruction, 
obliteration, or damage from operations and shall be responsible for the 
reestablishment, restoration, or referencing of any monuments, corners 
and bearing trees which are destroyed, obliterated, or damaged by such 
operations.
    (c) Whenever drilling or producing operations are suspended for 24 
hours or more, but less than 30 days, the wells shall be shut in by 
closing wellhead valves or blowout prevention equipment. When producing 
operations are suspended for 30 days or more, a suitable plug or other 
fittings acceptable to the Superintendent shall be used to close the 
wells.
    (d) The operator shall mark each and every operating derrick or well 
in a conspicuous place with his name or the name of the owner, and the 
number and location of the well, and shall take all necessary means and 
precautions to preserve these markings.
    (e) Around existing or future installations, e.g., well, storage 
tanks, all high pressure facilities, fences shall be built for 
protection of unit visitors and wildlife, and protection of said 
facilities unless otherwise authorized by the

[[Page 157]]

Superintendent. Fences erected for protection of unit visitors and 
wildlife shall be of a design and material acceptable to the 
Superintendent, and where appropriate, shall have at least one gate 
which is of sufficient width to allow access by fire trucks. Hazards 
within visitor use areas will be clearly marked with warning signs 
acceptable to the Superintendent.
    (f) The operator shall carry on all operations and maintain the site 
at all times in a safe and workmanlike manner, having due regard for the 
preservation of the environment of the unit. The operator shall take 
reasonable steps to prevent and shall remove accumulations of oil or 
other materials deemed to be fire hazards from the vicinity of well 
locations and lease tanks, and shall remove from the property or store 
in an orderly manner all scrap or other materials not in use.
    (g) Operators will be held fully accountable for their contractor's 
or subcontractor's compliance with the requirements of the approved plan 
of operations.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]



Sec. 9.42  Well records and reports, plots and maps, samples, tests and surveys.

    Any technical data gathered during the drilling of any well, 
including daily drilling reports and geological reports, which are 
submitted to the State pursuant to State regulations, or to any other 
bureau or agency of the Federal government shall be available for 
inspection by the Superintendent upon his request.



Sec. 9.43  Precautions necessary in areas where high pressures are likely to exist.

    When drilling in ``wildcat'' territory, or in any field where high 
pressures are likely to exist, the operator shall take all necessary 
precautions for keeping the well under control at all times and shall 
install and maintain the proper high-pressure fittings and equipment to 
assure proper well control. Under such conditions the surface string 
must be cemented through its length, unless another procedure is 
authorized or prescribed by the Superintendent, and all strings of 
casing must be securely anchored.



Sec. 9.44  Open flows and control of ``wild'' wells.

    The operator shall take all technologically feasible precautions to 
prevent any oil, gas, or water well from blowing open or becoming 
``wild,'' and shall take immediate steps and exercise due diligence to 
bring under control any ``wild'' well, or burning oil or gas well.



Sec. 9.45  Handling of wastes.

    Oilfield brine, and all other waste and contaminating substances 
must be kept in the smallest practicable area, must be confined so as to 
prevent escape as a result of percolation, rain, high water or other 
causes, and such wastes must be stored and disposed of or removed from 
the area as quickly as practicable in such a manner as to prevent 
contamination, pollution, damage or injury to the lands, water (surface 
and subsurface), facilities, cultural resources, wildlife, and 
vegetation of or visitors of the unit.



Sec. 9.46  Accidents and fires.

    The operator shall take technologically feasible precautions to 
prevent accidents and fires, shall notify the Superintendent within 24 
hours of all accidents involving serious personal injury or death, or 
fires on the site, and shall submit a full written report thereon within 
ninety (90) days. This report supersedes the requirement outlined in 36 
CFR 2.17, but does not relieve persons from the responsibility of making 
any other accident reports which may be required under State or local 
laws.



Sec. 9.47  Cultural resource protection.

    (a) Where the surface estate of the site is owned by the United 
States, the operator shall not, without written authorization of the 
Superintendent, injure, alter, destroy, or collect any site, structure, 
object, or other value of historical, archeological, or other cultural 
scientific importance in violation of the Antiquities Act (16 U.S.C. 
431-433 (See 43 CFR part 3).

[[Page 158]]

    (b) Once approved operations have commenced, the operator shall 
immediately bring to the attention of the Superintendent any cultural or 
scientific resource encountered that might be altered or destroyed by 
his operation and shall leave such discovery intact until told to 
proceed by the Superintendent. The Superintendent will evaluate the 
discoveries brought to his attention, and will determine within ten (10) 
working days what action will be taken with respect to such discoveries.



Sec. 9.48  Performance bond.

    (a) Prior to approval of a plan of operations, the operator shall be 
required to file a suitable performance bond with satisfactory surety, 
payable to the Secretary or his designee. The bond shall be conditioned 
upon faithful compliance with applicable regulations, and the plan of 
operations as approved, revised or supplemented. This performance bond 
is in addition to and not in lieu of any bond or security deposit 
required by other regulatory authorities.
    (b) In lieu of a performance bond, an operator may elect to deposit 
with the Secretary or his designee, cash or negotiable bonds of the U.S. 
Government. The cash deposit or the market value of such securities 
shall be at least equal to the required sum of the bond. When bonds are 
to serve as security, there must be provided to the Secretary a power of 
attorney.
    (c) In the event that an approved plan of operations is revised or 
supplemented in accordance with Sec. 9.40, the Regional Director may 
adjust the amount of the bond or security deposit to conform to the 
modified plan of operations.
    (d) The bond or security deposit shall be in an amount:
    (1) Equal to the estimated cost of reclaiming the site, either in 
its entirety or in phases, that has been damaged or destroyed as a 
result of operations conducted in accordance with an approved, 
supplemented, plan of operations; plus
    (2) An amount set by the Superintendent consistent with the type of 
operations proposed, to bond against the liability imposed by 
Sec. 9.51(a); to provide the means for rapid and effective cleanup; and 
to minimize damages resulting from an oil spill, the escape of gas, 
wastes, contaminating substances, or fire caused by operations. This 
amount shall not exceed twenty-five thousand dollars ($25,000) for 
geophysical surveys when using more than one field party or five 
thousand dollars ($5,000) when operating with only one field party, and 
shall not exceed fifty thousand dollars ($50,000) for each wellsite or 
other operation.
    (3) When an operator's total bond or security deposit with the 
National Park Service amounts to two hundred thousand dollars ($200,000) 
for activities conducted within a given unit, no further bond 
requirements shall be collected for additional activities conducted 
within that unit, and the operator may substitute a blanket bond of two 
hundred thousand dollars ($200,000) for all operations conducted within 
the unit.
    (e) The operator's and his surety's responsibility and liability 
under the bond or security deposit shall continue until such time as the 
Superintendent determines that successful reclamation of the area of 
operations has occurred and, where a well has been drilled, the well has 
been properly plugged and abandoned. If all efforts to secure the 
operator's compliance with pertinent provisions of the approved plan of 
operations are unsuccessful, the operator's surety company will be 
required to perform reclamation in accordance with the approved plan of 
operations.
    (f) Within thirty (30) days after determining that all reclamation 
requirements of an approved plan of operations are completed, including 
proper abandonment of the well, the Regional Director shall notify the 
operator that the period of liability under the bond or security deposit 
has been terminated.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]



Sec. 9.49  Appeals.

    (a) Any operator aggrieved by a decision of the Regional Director in 
connection with the regulations in this subpart may file with the 
Regional Director a written statement setting forth in detail the 
respects in which the decision is contrary to, or is in conflict with 
the facts, the law, or these

[[Page 159]]

regulations, or is otherwise in error. No such appeal will be considered 
unless it is filed with the Regional Director within thirty (30) days 
after the date of notification to the operator of the action or decision 
complained of. Upon receipt of such written statement from the aggrieved 
operator, the Regional Director shall promptly review the action or 
decision and either reverse his original decision or prepare his own 
statement, explaining that decision and the reasons therefor, and 
forward the statement and record on appeal to the Director for review 
and decision. Copies of the Regional Director's statement shall be 
furnished to the aggrieved operator, who shall have thirty (30) days 
within which to file exceptions to the Regional Director's decision. The 
Department has the discretion to initiate a hearing before the Office of 
Hearing and Appeals in a particular case (See 43 CFR 4.700).
    (b) The official files of the National Park Service on the proposed 
plan of operations and any testimony and documents submitted by the 
parties on which the decision of the Regional Director was based shall 
constitute the record on appeal. The Regional Director shall maintain 
the record under separate cover and shall certify that it was the record 
on which his decision was based at the time it was forwarded to the 
Director of the National Park Service. The National Park Service shall 
make the record available to the operator upon request.
    (c) If the Director considers the record inadequate to support the 
decision on appeal, he may provide for the production of such additional 
evidence or information as may be appropriate, or may remand the case to 
the Regional Director, with appropriate instructions for further action.
    (d) On or before the expiration of forty-five (45) days after his 
receipt of the exceptions to the Regional Director's decision, the 
Director shall make his decision in writing: provided however, that if 
more than forty-five (45) days are required for a decision after the 
exceptions are received, the Director shall notify the parties to the 
appeal and specify the reason(s) for delay. The decision of the Director 
shall include: (1) A statement of facts; (2) conclusions; and (3) 
reasons upon which the conclusions are based. The decision of the 
Director shall be the final administrative action of the agency on a 
proposed plan of operations.
    (e) A decision of the Regional Director from which an appeal is 
taken shall not be automatically stayed by the filing of a statement of 
appeal. A request for a stay may accompany the statement of appeal or 
may be directed to the Director. The Director shall promptly rule on 
requests for stays. A decision of the Director on request for a stay 
shall constitute a final administrative decision.
    (f) Where, under this subpart, the Superintendent has the authority 
to make the original decision, appeals may be taken in the manner 
provided by this section, as if the decision had been made by the 
Regional Director, except that the original statement of appeal shall be 
filed with the Superintendent, and if he decides not to reverse his 
original decision, the Regional Director shall have, except as noted 
below, the final review authority. The only decision of a Regional 
Director under this paragraph which shall be appealable by the Director 
is an appeal from a suspension under Sec. 9.51(b). Such an appeal shall 
follow the procedure of paragraphs (a)-(3) of this section.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]



Sec. 9.50  Use of roads by commercial vehicles.

    (a) After January 8, 1978, no commercial vehicle shall use roads 
administered by the National Park Service without being registered with 
the Superintendent. Roads must be used in accordance with procedures 
outlined in an approved plan of operations.
    (1) A fee shall be charged for such registration and use based upon 
a posted fee schedule. The fee schedule posted shall be subject to 
change upon sixty (60) days of notice.
    (2) An adjustment of the fee may be made at the discretion of the 
Superintendent where a cooperative maintenance agreement is entered into 
with the operator.
    (b) No commercial vehicle which exceeds roadway load limits 
specified by

[[Page 160]]

the Superintendent shall be used on roads administered by the National 
Park Service unless authorized in writing by the Superintendent, or 
unless authorized by an approved plan of operations.
    (c) Should a commercial vehicle used in operations cause damage to 
roads, resources or other facilities of the National Park Service, the 
operator shall be liable for all damages so caused.



Sec. 9.51  Damages and penalties.

    (a) The operator shall be held liable for any damages to federally-
owned or controlled lands, waters, or resources resulting from his 
failure to comply with either his plan of operations, or, where 
operations are continued pursuant to Sec. 9.33, failure to comply with 
the applicable permit or, where operations are temporarily approved 
under Sec. 9.38, failure to comply with the terms of that approval.
    (b) The operator agrees, as a condition for receiving an approved 
plan of operations, that he will hold harmless the United States and its 
employees from any damages or claims for injury or death of persons and 
damage or loss of property by any person or persons arising out of any 
acts or omissions by the operator, his agents, employees or 
subcontractors done in the course of operations.
    (c) Undertaking any operations within the boundaries of any unit in 
violation of this Subpart shall be deemed a trespass against the United 
States and shall be cause for revocation of approval of the plan of 
operations.
    (1) When a violation by an operator under an approved plan of 
operations is discovered, and if it does not pose an immediate threat of 
significant injury to federally-owned or controlled lands or waters, the 
operator will be notified in writing by the Superintendent and will be 
given ten (10) days to correct the violation; if the violation is not 
corrected within ten (10) days, approval of the plan of operations will 
be suspended until such time as the violation is corrected.
    (2) If the violation poses an immediate threat of significant injury 
to federally-owned or controlled lands or waters, approval of the plan 
of operations will be immediately suspended until such time as the 
violation is corrected. The operator will be notified in writing within 
five (5) days of any suspension and shall have the right to appeal that 
decision under Sec. 9.48.
    (3) Failure to correct any violation or damage to federally owned or 
controlled lands, waters or resources caused by such violations will 
result in revocation of plan of operations approval.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]



Sec. 9.52  Public inspection of documents.

    (a) When a Superintendent receives a request for permission for 
access on, across or through federally-owned or controlled lands or 
waters for the purpose of conducting operations, the Superintendent 
shall publish a notice of this request in a newspaper of general 
circulation in the county(s) in which the lands are situated, or in such 
publications as deemed appropriate by the Superintendent.
    (b) Upon receipt of the plan of operations in accordance with 
Sec. 9.35(c), the Superintendent shall publish a notice in the Federal 
Register advising the availability of the plan for public review and 
comment. Written comments received within thirty (30) days will become a 
part of the official record. As a result of comments received or if 
otherwise deemed appropriate by the Superintendent, he may provide 
additional opportunity for public participation to review the plan of 
operations.
    (c) Any document required to be submitted pursuant to the 
regulations in this Subpart shall be made available for public 
inspection at the office of the Superintendent during normal business 
hours, unless otherwise available pursuant to Sec. 9.51(b). This does 
not include those records only made available for the Superintendent's 
inspection under Sec. 9.41 of this Subpart or those records determined 
by the Superintendent to contain proprietary or confidential 
information. The availability of such records for inspection shall be 
governed by the rules and regulations found at 43 CFR part 2.

[43 FR 57825, Dec. 8, 1978; 44 FR 37915, June 29, 1979]

[[Page 161]]



                          Subpart C  [Reserved]



          Subpart D--Alaska Mineral Resource Assessment Program

    Authority: 16 U.S.C. 410hh; 16 U.S.C. 3101, et seq.; 16 U.S.C. 1, et 
seq.; 16 U.S.C. 347; 16 U.S.C. 410bb; 16 U.S.C. 431; 16 U.S.C. 1131 et 
seq.

    Source: 56 FR 22652, May 16, 1991, unless otherwise noted.



Sec. 9.80  Purpose.

    These regulations govern the conduct of the mineral resource 
assessment activities authorized under Sec. 1010 of the Alaska National 
Interest Lands Conservation Act (ANILCA), 16 U.S.C. 3101, et seq., in 
units of the National Park System in Alaska. The regulations are 
designed to ensure that authorized Federal agencies and their 
contractors carry out mineral resource assessment activities in an 
environmentally sound manner that does not result in lasting 
environmental impacts that appreciably alter the natural character of 
the units, or biological or ecological systems in the units; is 
compatible with the purposes for which the units are established; and 
ensures that all units are left unimpaired and preserved for the 
enjoyment of present and future generations.



Sec. 9.81  Scope and applicability.

    These regulations apply to all activities conducted by authorized 
agencies and their contractors on public lands in units of the National 
Park System in Alaska under the Alaska Mineral Resource Assessment 
program (AMRAP) as authorized by section 1010 of ANILCA. AMRAP 
activities conducted under this subpart shall be performed in accordance 
with ANILCA, the regulations in this subpart, the terms and conditions 
of an approved permit, and other applicable statutes and regulations, 
and amendments thereto.



Sec. 9.82  Definitions.

    The terms used in this subpart shall have the following meaning:
    (a) AMRAP means the Alaska Mineral Resource Assessment Program 
authorized by section 1010 of the Alaska National Interest Lands 
Conservation Act of 1980 (ANILCA), 16 U.S.C. 3150.
    (b) AMRAP Activities means any project, method, technique or other 
activity incidental to mineral resource assessments conducted by 
authorized AMRAP agencies or their contractors in units of the National 
Park System in Alaska pursuant to section 1010 of ANILCA under an 
approved permit. AMRAP activities include access into, across, through, 
or over a unit of the National Park System for the conduct of those 
activities. Only mineral resource assessment methods or techniques that 
do not result in lasting impacts on park resources and values may be 
permitted as AMRAP activities. Mineral resource assessment techniques 
may include aerial photography; remote sensing; hand-sampling of 
geologic materials; hand-sampling or hand-augering methods for 
geochemical analyses; and geophysical techniques such as magnetic, 
electrical, electromagnetic, chemical, radioactive, and gravitational 
methods. Mineral resource assessment activities may be permitted as long 
as:
    (1) No explosives are used,
    (2) They are consistent with Sec. 9.86 of this subpart, and
    (3) They are consistent with the provisions of the Wilderness Act of 
1964 (16 U.S.C. 1131 et seq.) and National Park Service policies 
concerning wilderness management and the use of motorized equipment in 
wilderness areas.
    Core and test drilling, including exploratory drilling of oil and 
gas test wells, are explicitly prohibited as AMRAP activities in units 
of the National Park System.
    (c) AMRAP agencies means those agencies of the U.S. Department of 
the Interior that are authorized by the Secretary to perform mineral 
resource assessment activities pursuant to section 1010 of ANILCA.
    (d) Superintendent means the Superintendent, or his/her designee, of 
the unit of the National Park System in Alaska where AMRAP activities 
are conducted or proposed to be conducted.

[56 FR 22652, May 16, 1991, as amended at 60 FR 55791, Nov. 3, 1995; 62 
FR 30234, June 3, 1997]

[[Page 162]]



Sec. 9.83  Coordination of AMRAP activities in National Park System units.

    (a) To facilitate compliance with this Subpart, each AMRAP agency 
will designate a coordinator for AMRAP activities in Alaska who will be 
the central point of communications with the NPS. The AMRAP agency is 
responsible for notifying the Regional Director of such designation.
    (b) By January 1 of each year, the designated coordinators for the 
AMRAP agencies will, in consultation with the Regional Director, 
schedule an interagency meeting to be held by January 31 of each year. 
Representatives of the AMRAP agencies and the NPS will meet to develop a 
mutually agreeable schedule of AMRAP projects and activities in Alaska 
units of the National Park System. Where practicable, AMRAP agencies 
will consolidate their field activities, including access and field 
camps, to minimize disturbance to park resources and values.



Sec. 9.84  Application requirements.

    (a) By February 15 of each year, the designated coordinator of each 
AMRAP agency will forward to the Regional Director an application 
pursuant to Sec. 9.84(b) for proposed AMRAP projects and activities 
discussed and reviewed at the annual coordination meeting held under 
Sec. 9.83(b). Applications requiring additional information will be 
promptly returned to, or discussed with, the coordinator of the involved 
AMRAP agency to resolve any deficiencies.
    (b) Applications will be submitted in a form and manner prescribed 
by the Regional Director and will contain at a minimum:
    (1) The name of the AMRAP agency and responsible office and, where 
applicable, its designated contractual representative that will conduct 
the proposed activities;
    (2) The name, office address and telephone numbers of the AMRAP 
agency persons or contractor persons who will supervise the proposed 
activities, and a list of all individual's names, addresses and 
telephone numbers who will be present at field activities;
    (3) A list of any previous AMRAP activities or prior geologic and 
mineral resource assessments that have occurred in the proposed study 
area;
    (4) A discussion of overall project objectives, schedules and 
products, and how the proposed activities for the current application 
relate to those objectives;
    (5) A description of the activities proposed for approval, including 
a detailed description of the collection techniques, sampling methods 
and equipment to be used in each area;
    (6) Topographic maps identifying the specific areas in units of the 
National Park System where the agency proposes to conduct each AMRAP 
activity;
    (7) The approximate dates on which the AMRAP activities for each 
area are proposed to be commenced and completed;
    (8) A description of access means and routes for each area in which 
work is proposed including an estimate of the number of flights or 
number of vehicle trips;
    (9) A description of the field support requirements proposed for 
locations on lands within units of the National Park System, including 
camp sites, fuel storage areas, and any other requirements;
    (10) A discussion which documents that proposed activities will be 
carried out in an environmentally sound manner utilizing the least 
impacting technology suitable for the purposes of the project; and
    (11) A description of how any disturbed areas, such as camp sites, 
will be reclaimed.



Sec. 9.85  Environmental compliance.

    Each AMRAP agency is responsible for obtaining all required Federal, 
State, and local permits and must provide sufficient information to the 
NPS to ensure appropriate compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National Historic 
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other applicable 
statutes.



Sec. 9.86  Application review process and approval standards.

    (a) The Regional Director will review applications submitted 
pursuant to Sec. 9.84 and will ensure that final action

[[Page 163]]

is taken on such applications by April 15 of each year. If additional 
review time is necessary to ensure compliance with this Subpart or with 
other applicable laws, Executive Orders and regulations, the Regional 
Director will promptly notify the AMRAP agency coordinator of the 
anticipated date of a final decision.
    (b) The Regional Director is responsible for approving AMRAP 
activities in units of the National Park System in Alaska.
    (c) To be approved, proposed AMRAP activities must be designed to be 
carried out in an environmentally sound manner, as determined in 
appropriate environmental documentation, that:
    (1) Does not result in lasting environmental impacts that 
appreciably alter the natural character of the units or the integrity of 
the biological or ecological systems in the units; and
    (2) Is compatible with the purposes and values for which the units 
are established; and
    (3) Does not adversely affect the natural and cultural resources, 
visitor use, or administration of the area.



Sec. 9.87  Permitting requirements and standards.

    (a) AMRAP activities approved by the Regional Director may be 
conducted in units of the National Park System pursuant to a permit 
issued by the Superintendent in accordance with this subpart, 36 CFR 
1.6, and other applicable regulations, guidelines and policies.
    (b) The NPS may restrict the conduct of AMRAP activities in certain 
areas and during sensitive periods, such as nesting, calving and 
spawning seasons, to minimize impacts to fish and wildlife or to comply 
with existing policies or directives.
    (c) All project areas affected by AMRAP activities shall be left in 
an unimpaired state by the AMRAP agency and its contractors. All costs 
borne by the NPS in cleaning or restoring an area affected by AMRAP 
activities will be recoverable from the AMRAP agency.
    (d) Copies of all published information or written reports resulting 
from AMRAP activities conducted in units of the National Park System 
shall be provided to the Regional Director.
    (e) The NPS reserves the right, without prior notice to the AMRAP 
agency or its contractors, to observe or inspect AMRAP activities to 
determine whether such activities are being conducted pursuant to this 
subpart and the terms and conditions of the approved permit.



Sec. 9.88  Permit modification, suspension, and cancellation.

    (a) A proposal to modify, supplement, or otherwise amend an approved 
permit shall be made by an AMRAP agency by written request to the 
Regional Director. The Regional Director shall review and promptly act 
on the proposed modification pursuant to the standards set forth in 
Sec. 9.86. An AMRAP agency may not undertake any of the activities 
proposed in the modification until the Regional Director approves the 
modification and the Superintendent amends the approved permit.
    (b) The Superintendent may modify, suspend or cancel an AMRAP 
agency's permit by notifying the agency in writing, or orally in an 
emergency situation, when the Superintendent determines that:
    (1) Changes to the permit are necessary to address conditions not 
previously anticipated; or
    (2) There is imminent threat of serious, irreparable, or immediate 
harm or danger to public health and safety, or the natural and cultural 
resources and values of the unit; or
    (3) The AMRAP agency or its contractors fails to comply with the 
provisions of ANILCA or of any other applicable law or regulation, the 
provisions and conditions of the approved permit and any modification 
thereto, or any written or field orders issued by the Superintendent.
    (c) Modification, suspension, or cancellation of an approved permit 
pursuant to paragraph (b) of this section shall be effective immediately 
upon receipt of oral or written notice from the Regional Director or the 
Superintendent. Notices issued orally shall be followed by written 
notice sent by certified mail within three (3) working days confirming 
and explaining the action. Suspensions shall remain in effect until the 
basis for the suspension has

[[Page 164]]

been corrected to the satisfaction of the Superintendent. Cancellation 
notices shall state the reason for cancellation and shall be sent by the 
Superintendent to the AMRAP agency at least fourteen (14) days in 
advance of the date the cancellation will become effective.
    (d) Suspension or cancellation of a permit to conduct AMRAP 
activities shall not relieve the AMRAP agency or its contractors of the 
obligation to restore any location in accordance with the requirements 
of this subpart and to comply with all other obligations specified in 
this subpart and in the permit.



Sec. 9.89  Appeals.

    Written appeals made within 30 days of notification of a final 
decision by the Regional Director pursuant to this subpart shall be 
reviewed by the Director of the National Park Service. Resolution of any 
outstanding issues shall follow current Department of the Interior 
procedures for resolving interagency disputes.



PART 10--DISPOSAL OF CERTAIN WILD ANIMALS--Table of Contents




Sec.
10.1  Animals available.
10.2  Charges.
10.3  Application; requirements.
10.4  Shipment.

    Authority: Secs. 1-3, 39 Stat. 535, as amended; 42 Stat. 1214, 45 
Stat. 1644, secs. 1, 2, 52 Stat. 708, secs. 1, 2, 67 Stat. 495, 496; 16 
U.S.C. 1, 1b, 1c, 2, 3, 36, 36a, 141c.

    Source: 24 FR 11054, Dec. 30, 1959, unless otherwise noted.



Sec. 10.1  Animals available.

    From time to time there are surplus live elk, buffaloes and bears in 
Yellowstone National Park, and live buffaloes in Wind Cave National Park 
which the Secretary may, in his discretion, dispose of to Federal, 
State, county and municipal authorities for preserves, zoos, zoological 
gardens, and parks. When surplus live elk and buffaloes are available 
from these national parks, the Secretary may, in his discretion, dispose 
of these to individuals and private institutions.



Sec. 10.2  Charges.

    No charge will be made for the animals, but the receiver will be 
required to make a deposit with the appropriate superintendent to defray 
the expense of capturing, crating, and transporting them to the point of 
shipment. The receiver may also be required to pay for the services of a 
veterinarian for testing, vaccinating, and treating the animals at the 
park for communicable diseases and parasites. Estimates of such expenses 
will be furnished by the appropriate superintendent upon request.



Sec. 10.3  Application; requirements.

    (a) Applications for animals should be directed to the appropriate 
superintendent, stating the kind, number, age, and sex of animals 
desired. The post office address for Yellowstone National Park is 
Yellowstone Park, Wyoming, and for Wind Cave National Park is Hot 
Springs, South Dakota.
    (b) Applicants desiring animals which are to be held in enclosures 
must show that they have suitable facilities for the care of the 
animals. Operators of game farms or private preserves must submit 
evidence of their authority to engage in such operations.
    (c) When any animals are desired for liberation on private lands, 
the application must be accompanied by the written concurrence of the 
State agency having jurisdiction over wildlife. When any animals are 
desired for liberation on lands in the vicinity of lands owned or 
controlled by the Federal Government, the application must be 
accompanied by the written concurrence of the agency or agencies having 
jurisdiction over the Federally owned or controlled lands.
    (d) Applications will not be granted when the animals are to be 
slaughtered, or are to be released without adequate protection from 
premature hunting.



Sec. 10.4  Shipment.

    (a) Elk, buffaloes, and bears may be obtained at the Park and be 
removed by truck. Elk and buffaloes, when not transported by truck, must 
be crated individually for rail shipment in less than carload lots. 
Bears must be crated individually regardless of the number

[[Page 165]]

furnished or the character of the conveyance.
    (b) The receiver must furnish shipping crates constructed in 
accordance with National Park Service specifications.



PART 11--ARROWHEAD AND PARKSCAPE SYMBOLS--Table of Contents




Sec.
11.1  Definitions.
11.2  Uses.
11.3  Power to revoke.
11.4  Penalties.

    Authority: Sec. 3, 39 Stat. 535; 16 U.S.C. 3.



Sec. 11.1  Definitions.

    (a) The term Arrowhead Symbol, as used in this part, refers to the 
insignia of the National Park Service prescribed as its official symbol 
by notice published in the Federal Register of March 15, 1962 (27 FR 
2486). That symbol, use of which had been limited by notice published in 
the Federal Register of October 22, 1968 (33 FR 15605-06), has been 
reinstated as the Service's official emblem. The term ``Parkscape 
Symbol,'' as used in this part, is the same insignia referred to in the 
Federal Register notice of October 22, 1968, as the ``National Park 
Service Symbol.'' The ``Parkscape Symbol'' has been prescribed as the 
official tie tack or pin to be worn by all National Park Service 
uniformed employees. Moreover, the tie tack or pin may be worn by 
employees of the Service when not in uniform as a part of their civilian 
attire.
    (b) The term commercial use as used in the regulations of this part 
refers to use of the ``Arrowhead Symbol'' or the ``Parkscape Symbol'' on 
souvenirs or other items of merchandise presented for sale to the public 
by private enterprise operating either within or outside of areas of the 
National Park System.
    (c) The term noncommercial use as used in the regulations of this 
part refers to nongovernmental use of the ``Arrowhead Symbol'' or the 
``Parkscape Symbol'' other than as described in paragraph (c) of this 
section.

[35 FR 8734, June 5, 1970, as amended at 62 FR 30234, June 3, 1997]



Sec. 11.2  Uses.

    The Director may permit the reproduction, manufacture, sale, and use 
of the ``Arrowhead Symbol'' or the ``Parkscape Symbol'', with or without 
charge, for uses that will contribute to purposes of education and 
conservation as they relate to the program of the National Park Service. 
All other uses are prohibited.

[36 FR 16508, Aug. 21, 1971]



Sec. 11.3  Power to revoke.

    Permission granted under this part by the Director may be rescinded 
by him at any time upon a finding that the use of the symbol or symbols 
involved is injurious to their integrity or inconsistent with the 
purposes of the National Park Service in the fields of conservation and 
recreation, or for disregard of any limitations or terms contained in 
the permits.

[35 FR 8734, June 5, 1970, as amended at 36 FR 16508, Aug. 21, 1971]



Sec. 11.4  Penalties.

    Whoever manufactures, sells or uses the ``Arrowhead Symbol'' or the 
``Parkscape Symbol'' in violation of the regulations of this part shall 
be subject to the penalties prescribed in section 701 of title 18 of the 
United States Code.

[35 FR 8734, June 5, 1970, as amended at 36 FR 16508, Aug. 21, 1971]



PART 12--NATIONAL CEMETERY REGULATIONS--Table of Contents




Sec.
12.1  Applicability and scope.
12.2  Purpose of National Cemeteries.
12.3  Definitions.
12.4  Special events and demonstrations.
12.5  Interments.
12.6  Disinterments and exhumations.
12.7  Headstones and markers.
12.8  Memorial headstones and markers.
12.9  Commemorative monuments.
12.10  Floral and commemorative tributes.
12.11  Recreational activities.
12.12  Information collection.

    Authority: 16 U.S.C. 1, 3, 9a, and 462(k); E.O. 6166, 6228 and 8428.

    Source: 51 FR 8979, Mar. 14, 1986, unless otherwise noted.

[[Page 166]]



Sec. 12.1  Applicability and scope.

    The regulations in this part apply to the national cemeteries 
administered by the National Park Service. These regulations supplement 
regulations found in parts 1-5 and 7 of this chapter and provide 
procedural guidance for the administration, operation and maintenance of 
these cemeteries.



Sec. 12.2  Purpose of National Cemeteries.

    National cemeteries are established as national shrines in tribute 
to the gallant dead who have served in the Armed Forces of the United 
States. Such areas are protected, managed and administered as suitable 
and dignified burial grounds and as significant cultural resources. As 
such, the authorization of activities that take place in national 
cemeteries is limited to those that are consistent with applicable 
legislation and that are compatible with maintaining the solemn 
commemorative and historic character of these areas.



Sec. 12.3  Definitions.

    The following definitions apply only to the regulations in this 
part:
    Burial section means a plot of land within a national cemetery 
specifically designated to receive casketed or cremated human remains.
    Close relative means a surviving spouse, parent, adult brother or 
sister, or adult child.
    Commemorative monument means a monument, tablet, structure, or other 
commemorative installation of permanent materials to honor more than one 
veteran.
    Demonstration means a demonstration, picketing, speechmaking, 
marching, holding a vigil or religious service or any other like form of 
conduct that involves the communication or expression of views or 
grievances, whether engaged in by one or more persons, that has the 
intent, effect or likelihood to attract a crowd or onlookers. This term 
does not include casual park use by persons that does not have an intent 
or likelihood to attract a crowd or onlookers.
    Eligible person means an individual authorized by Federal statute 
and VA Policy to be interred or memorialized in a national cemetery.
    Government headstone means a standard upright stone, provided by the 
Veterans Administration, of the same design currently in use in a 
national cemetery to identify the interred remains.
    Gravesite reservation means a written agreement executed between a 
person and the National Park Service to secure a gravesite prior to the 
death of an eligible person.
    Headstone means a permanent stone placed vertically on a grave to 
identify the interred remains.
    Historic enclosure means a permanent fence, wall, hedge, or other 
structure that surrounds the burial sections and defines the unique 
historic boundary of a national cemetery.
    Marker means a permanent device placed horizontally on a grave to 
identify the interred remains.
    Memorial headstone means a private or government headstone placed in 
a memorial section of a national cemetery with the words ``In Memory 
Of'' inscribed to honor a deceased eligible person whose remains could 
not be interred in the national cemetery.
    NPS Policy means the National Park Service's Guidelines for National 
Cemeteries, NPS-61.
    Private headstone means an upright stone provided by a person at no 
expense to the government and in lieu of a government headstone.
    Recreational activity means any form of athletics, sport or other 
leisure pursuit or event, whether organized or spontaneous, that is 
engaged in by one or more persons for the primary purpose of exercise, 
relaxation or enjoyment, including but not limited to the following: 
jogging, racing, skating, skateboarding, ball playing, kite flying, 
model airplane flying, throwing objects through the air, sunbathing, 
bicycling and picknicking. This term does not include walking, hiking or 
casual strolling.
    Special event means a sports event, pageant, celebration, historical 
reenactment, entertainment, exhibition, parade, fair, festival or 
similar activity that is not a demonstration, whether engaged in by one 
or more persons, that has the intent, effect or likelihood to attract a 
crowd or onlookers. This term does not include casual park use by 
persons that does not have an intent

[[Page 167]]

or likelihood to attract a crowd or onlookers.
    VA Policy means the current editions of the Veterans 
Administration's Manuals that pertain to the administration of the 
National Cemetery System.



Sec. 12.4  Special events and demonstrations.

    Conducting a special event or demonstration, whether spontaneous or 
organized, is prohibited except for official commemorative events 
conducted for Memorial Day, Veterans Day and other dates designated by 
the superintendent as having special historic and commemorative 
significance to a particular national cemetery. Committal services are 
excluded from this restriction.



Sec. 12.5  Interments.

    (a) Who may be interred. A person's eligibility for burial in a 
national cemetery is determined in accordance with the provisions of 
Federal statutory law. Interments are conducted in accordance with NPS 
policy and VA Policy.
    (b) Burial permit. (1) A burial permit is required in accordance 
with the laws and regulations of the State and local municipality within 
whose boundaries the cemetery is located.
    (2) The remains of a member of the Armed Forces who dies on active 
duty may be interred prior to receipt of a burial permit.
    (3) The superintendent shall process a burial permit in accordance 
with VA Policy.
    (c) Gravesite assignment. (1) Gravesite assignment and allotment are 
made according to VA Policy which specifies that only one gravesite is 
authorized for the burial of an eligible member of the Armed Forces and 
eligible immediate family members. Exceptions to this practice may be 
approved only by the Director.
    (2) The superintendent is responsible for the actual assignment of a 
gravesite.
    (3) The superintendent may not accept a new gravesite reservation. A 
gravesite reservation granted in writing prior to the adoption of the 
one-gravesite-per-family-unit restriction shall be honored as long as 
the person remains eligible.
    (d) Burial sections. (1) The superintendent of each national 
cemetery shall develop an interment plan for burial sections in keeping 
with the historic character of the national cemetery, to be approved by 
the Regional Director.
    (2) The superintendent shall specify gravesite dimensions that 
conform to the historic design of the national cemetery.
    (3) Expansion of a burial section is prohibited without the approval 
of the Regional Director.
    (4) An interment is authorized only within a burial section; the 
superintendent may not authorize an interment within a memorial section.
    (5) Cremated remains may be scattered in a national cemetery in 
conformance with the provisions of Sec. 2.62 of this chapter and 
applicable State laws.
    (6) Expansion of a national cemetery outside the confines of its 
historic enclosure is prohibited.



Sec. 12.6  Disinterments and exhumations.

    (a) Interment of an eligible person's remains is considered 
permanent. Disinterment and removal of remains are allowed only for the 
most compelling of reasons and may be accomplished only under the 
supervision of the superintendent.
    (b) Except for a directed exhumation conducted pursuant to paragraph 
(f) of this section, a disinterment is allowed only pursuant to the 
terms and conditions of a permit issued by the superintendent.
    (c) A disinterment shall be accomplished at no cost to the National 
Park Service. The superintendent shall establish a fee designed to 
recover the costs associated with supervising and administering a 
disinterment, including the costs of opening and closing the grave and 
redressing any disturbed graves or headstones.
    (d) The next-of-kin is responsible for making all arrangements and 
incurring all financial obligations related to a disinterment. These 
arrangements and obligations include, but are not limited to the 
following:
    (1) Compliance with State and local health laws and regulations;

[[Page 168]]

    (2) Engaging a funeral director;
    (3) Recasketing the remains;
    (4) Rehabilitation of the gravesite according to conditions 
established by the superintendent;
    (5) Providing the superintendent a notorized affidavit by each 
living close relative of the deceased and by the person who directed the 
initial interment, if living, and even though the legal relationship of 
such person to the decedent may have changed, granting permission for 
the disinterment; and
    (6) Providing the superintendent a sworn statement, by a person 
having first hand knowledge thereof, that those who supplied such 
affidavits comprise all the living close relatives of the decedent, 
including the person who directed the initial interment.
    (e) The following are prohibited:
    (1) Failure to obtain a permit required pursuant to this section;
    (2) Violation of a condition established by the superintendent or of 
a term or condition of a permit issued in accordance with this section; 
or
    (3) Failure to pay a fee prescribed by the superintendent in 
accordance with this section.
    (f) The directed exhumation of an eligible person's remains shall be 
accomplished upon receipt by the superintendent of an order issued by a 
State or Federal court of competent jurisdiction. The superintendent 
shall retain court orders and other pertinent documents in the national 
cemetery files as a permanent record of the action.
    (g) To the extent practicable, a directed exhumation shall be 
accomplished without expense to the National Park Service and without 
direct participation by national cemetery employees.
    (h) The superintendent shall coordinate a directed exhumation with 
the ordering court, assure compliance with all State and local laws and 
supervise disinterment activities on site.
    (i) If reinterment of exhumed remains is to be elsewhere, the 
superintendent may reassign the gravesite for use in connection with 
another interment.



Sec. 12.7  Headstones and markers.

    (a) Government headstones and markers authorized to be furnished at 
government expense are provided in accordance with NPS Policy and VA 
Policy.
    (b) The erection of a marker or monument at private expense to mark 
a grave in lieu of a government headstone or marker is allowed only in 
certain national cemetery sections in which private headstones and 
markers were authorized as of January 1, 1947, and only with the prior 
approval of the Director. The name of the person(s) responsible for the 
purchase and erection of the private headstone or marker may not appear 
on the headstone or marker or be identified elsewhere in the cemetery as 
the donor(s) of the private headstone or marker.
    (c) A person who requests authorization to erect a private headstone 
or marker shall provide the following information:
    (1) A list of the names of each person to be inscribed upon the 
private headstone or marker;
    (2) The written approval of the next-of-kin and the person who 
directed the burial of each person whose name is to be inscribed; and
    (3) A scale plan depicting the details of design, materials, finish, 
carving, lettering and arrangement of the inscription and the foundation 
of the proposed private headstone or marker.
    (d) The Director's approval of a request is conditioned upon the 
applicant's granting to the National Park Service the substantive right 
to remove and dispose of the private headstone or marker if, after it is 
installed, the applicant fails to maintain the private headstone or 
marker in a condition specified by the Director.
    (e) When a private headstone or marker has been erected at a 
veteran's grave in a national cemetery, and the next-of-kin desires to 
inscribe thereon the name and appropriate data pertaining to an eligible 
family member of the deceased whose remains will not be interred, such 
inscription may be accomplished with the prior approval of the 
superintendent. Appropriate commemorative data may be inscribed when 
space permits. The words ``In Memoriam'' or ``In Memory Of'' are 
mandatory elements of such an inscription.
    (f) Except as may be authorized by the Director or by Federal 
statutory

[[Page 169]]

law for making a group burial, the erection of a mausoleum, an 
overground vault or a headstone or marker determined by the 
superintendent not to be in keeping with the historic character of the 
national cemetery is prohibited. An underground vault may be placed at 
the time of interment at no expense to the National Park Service.



Sec. 12.8  Memorial headstones and markers.

    (a) Who may be memorialized. (1) A person's eligibility for 
memorialization in a national cemetery is determined in accordance with 
the provisions of Federal statutory law.
    (2) The superintendent may authorize the installation of a memorial 
headstone or marker of an eligible person provided that no more than one 
individual memorial headstone or marker is authorized for each eligible 
person. The erection of an individual memorial marker to a person is not 
allowed in the same national cemetery in which the decedent's name is 
inscribed on a group burial headstone or marker.
    (b) Application. (1) The person eligible to submit an application 
requesting a memorial headstone or marker is the next-of-kin of the 
decedent to be memorialized. An application received from a close 
relative will be honored if it is submitted on behalf of the next-of-kin 
or if the next-of-kin is deceased.
    (2) An applicant for a memorial headstone or marker shall submit 
such a request to the superintendent.



Sec. 12.9  Commemorative monuments.

    (a) Application. (1) A person requesting authorization to erect a 
commemorative monument shall submit such a request to the Director. The 
Director's approval should be obtained prior to fabrication of the 
commemorative marker since approval for installation is conditioned upon 
compliance with other specifications found in this section and all 
applicable provisions of this part.
    (2) An applicant for authorization to erect a commemorative monument 
shall include the following information in the application:
    (i) A list of the persons to be memorialized and the other data 
desired to be inscribed on the commemorative monument; and
    (ii) A scale plan depicting the details of the design, materials, 
finish, carving, lettering and the arrangement of the inscription 
proposed for the commemorative monument.
    (b) Specifications. (1) The Director may only authorize a 
commemorative monument that conforms to the type, size, materials, 
design, and specifications prescribed for the historic design of the 
individual cemetery section in which it is proposed for installation.
    (2) The Director may not approve a commemorative monument that bears 
an inscription that includes the name of the person(s) responsible for 
its purchase or installation.
    (c) Expense. A commemorative monument approved by the Director may 
be installed only under the conditions that there be no expense or 
liability incurred by the National Park Service in connection with its 
purchase, fabrication, transportation, delivery and erection.
    (d) Title to a commemorative monument vests in the National Park 
Service upon its acceptance by an official representative of the 
Director.



Sec. 12.10  Floral and commemorative tributes.

    The placement on a grave of fresh cut or artifical flowers in or on 
a metal or other non-breakable rod or container designated by the 
superintendent is allowed at times designated by the superintendent. The 
placement of a statue, vigil light, or other commemorative object on a 
grave, or the securing or attaching of any object to a headstone, marker 
or commemorative monument is prohibited.



Sec. 12.11  Recreational activities.

    Engaging in a recreational activity is prohibited.



Sec. 12.12  Information collection.

    The information collection requirements contained in Secs. 12.6, 
12.7, 12.8 and 12.9 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq., and assigned clearance number 1024-
0026. The information is being collected to obtain information necessary 
to issue permits and

[[Page 170]]

will be used to grant administrative benefits. The obligation to respond 
is required in order to obtain a benefit.



PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA--Table of Contents




                  Subpart A--Public Use and Recreation

Sec.
13.1  Definitions.
13.2  Applicability and scope.
13.3  [Reserved]
13.4  Information collection.
13.10--13.16  [Reserved]
13.17  Cabins and other structures.
13.18  Camping and picnicking.
13.19  Weapons, traps and nets.
13.20  Preservation of natural features.
13.21  Taking of fish and wildlife.
13.22  Unattended or abandoned property.
13.30  Closure procedures.
13.31  Permits.

                         Subpart B--Subsistence

13.40  Purpose and policy.
13.41  Applicability.
13.42  Definitions.
13.43  Determination of resident zones.
13.44  Subsistence permits for persons whose primary, permanent home is 
          outside a resident zone.
13.45  Prohibition on aircraft use.
13.46  Use of snowmobiles, motorboats, dog teams, and other means of 
          surface transportation traditionally employed by local rural 
          residents engaged in subsistence uses.
13.47  Subsistence fishing.
13.48  Subsistence hunting and trapping.
13.49  Subsistence use of timber and plant material.
13.50  Closure to subsistence uses of fish and wildlife.
13.51  Application procedures for subsistence permits and aircraft 
          exceptions.

      Subpart C--Special Regulations--Specific Park Areas in Alaska

13.60  Aniakchak National Monument and Preserve.
13.61  Bering Land Bridge National Preserve.
13.62  Cape Krusenstern National Monument.
13.63  Denali National Park and Preserve.
13.64  Gates of the Arctic National Park and Preserve.
13.65  Glacier Bay National Park and Preserve.
13.66  Katmai National Park and Preserve.
13.67  Kenai Fjords National Park.
13.68  Klondike Gold Rush National Historical Park.
13.69  Kobuk Valley National Park.
13.70  Lake Clark National Park and Preserve.
13.71  Noatak National Preserve. [Reserved]
13.72  Sitka National Historical Park.
13.73  Wrangell-St. Elias National Park and Preserve.
13.74  Yukon-Charley Rivers National Preserve. [Reserved]

             Subpart D--Special Visitor Services Regulations

13.80  Applicability and scope.
13.81  Definitions.
13.82  Historical operators.
13.83  Preferred operators.
13.84  Preference to Cook Inlet Region, Incorporated.
13.85  Most directly affected Native Corporation.
13.86  Appeal procedures.
13.87  Information collection.

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197.

    Source: 46 FR 31854, June 17, 1981, unless otherwise noted.



                  Subpart A--Public Use and Recreation



Sec. 13.1  Definitions.

    The following definitions shall apply to all regulations contained 
in this part:
    (a) The term adequate and feasible access means a reasonable method 
and route of pedestrian or vehicular transportation which is 
economically practicable for achieving the use or development desired by 
the applicant on his/her non-Federal land or occupancy interest, but 
does not necessarily mean the least costly alternative.
    (b) The term aircraft means a machine or device that is used or 
intended to be used to carry persons or objects in flight through the 
air, including, but not limited to airplanes, helicopters and gliders.
    (c) The term ANILCA means the Alaska National Interest Lands 
Conservation Act (94 Stat. 2371; Pub. L. 96-487 (December 2, 1980)).
    (d) The term carry means to wear, bear or carry on or about the 
person and additionally, in the case of firearms, within or upon a 
device or animal used for transportation.

[[Page 171]]

    (e) The term downed aircraft means an aircraft that as a result of 
mechanical failure or accident cannot take off.
    (f) The term firearm means any loaded or unloaded pistol, revolver, 
rifle, shotgun or other weapon which will or is designated to or may 
readily be converted to expel a projectile by the action of expanded 
gases, except that it does not include a pistol or rifle powered by 
compressed gas. The term ``firearm'' also includes irritant gas devices.
    (g) The term fish and wildlife means any member of the animal 
kingdom, including without limitation any mammal, fish, bird (including 
any migratory, nonmigratory or endangered bird for which protection is 
also afforded by treaty or other international agreement), amphibian, 
reptile, mollusk, crustacean, arthropod, or other invertebrate, and 
includes any part, produce, egg, or offspring thereof, or the dead body 
or part thereof.
    (h) The term fossil means any remains, impression, or trace of any 
animal or plant of past geological ages that has been preserved, by 
natural processes, in the earth's crust.
    (i) The term gemstone means a silica or igneous mineral including, 
but not limited to (1) geodes, (2) petrified wood, and (3) jade, agate, 
opal, garnet, or other mineral that when cut and polished is customarily 
used as jewelry or other ornament.
    (j) The term National Preserve shall include the following areas of 
the National Park System:

    Alagnak National Wild and Scenic River, Aniakchak National Preserve, 
Bering Land Bridge National Preserve, Denali National Preserve, Gates of 
the Arctic National Preserve, Glacier Bay National Preserve, Katmai 
National Preserve, Lake Clark National Preserve, Noatak National 
Preserve, Wrangell-St. Elias National Preserve, and Yukon-Charley 
National Preserve.

    (k) The term net means a seine, weir, net wire, fish trap, or other 
implement designed to entrap fish, except a landing net.
    (l) The term off-road vehicle means any motor vehicle designed for 
or capable of crosscountry travel on or immediately over land, water, 
sand, snow, ice, marsh, wetland or other natural terrain, except 
snowmachines or snowmobiles as defined in this chapter.
    (m) The term park areas means lands and waters administered by the 
National Park Service within the State of Alaska.
    (n) The term person means any individual, firm, corporation, 
society, association, partnership, or any private or public body.
    (o) The term possession means exercising dominion or control, with 
or without ownership, over weapons, traps, nets or other property.
    (p) The term public lands means lands situated in Alaska which are 
federally owned lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
(72 Stat. 339) and lands which have been confirmed to, validly selected 
by, or granted to the Territory of Alaska or the State under any other 
provision of Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act (85 Stat. 688) which have not been conveyed 
to a Native Corporation, unless any such selection is determined to be 
invalid or is relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    (q) The term snowmachine or snowmobile means a self-propelled 
vehicle intended for off-road travel primarily on snow having a curb 
weight of not more than 1,000 pounds (450 kg), driven by a track or 
tracks in contact with the snow and steered by a ski or skis on contact 
with the snow.
    (r) The term take or taking as used with respect to fish and 
wildlife, means to pursue, hunt, shoot, trap, net, capture, collect, 
kill, harm, or attempt to engage in any such conduct.
    (s) The term temporary means a continuous period of time not to 
exceed 12 months, except as specifically provided otherwise.
    (t) The term trap means a snare, trap, mesh, or other implement 
designed to entrap animals other than fish.
    (u) The term unload means there is no unexpended shell or cartridge 
in the chamber or magazine of a firearm; bows, crossbows and spearguns 
are

[[Page 172]]

stored in such a manner as to prevent their ready use; muzzle-loading 
weapons do not contain a powder charge; and any other implement capable 
of discharging a missile into the air or under the water does not 
contain a missile or similar device within the loading or discharging 
mechanism.
    (v) The term weapon means a firearm, compressed gas or spring 
powered pistol or rifle, bow and arrow, crossbow, blow gun, speargun, 
hand thrown spear, slingshot, explosive device, or any other implement 
designed to discharge missiles into the air or under the water.

[46 FR 31854, June 17, 1981, as amended at 62 FR 30234, June 3, 1997]



Sec. 13.2  Applicability and scope.

    (a) The regulations contained in this part 13 are prescribed for the 
proper use and management of park areas in Alaska and supplement the 
general regulations of this chapter. The general regulations contained 
in this chapter are applicable except as modified by this part 13.
    (b) Subpart A of this part 13 contains regulations applicable to 
park areas. Such regulations amend in part the general regulations 
contained in this chapter. The regulations in subpart A govern use and 
management, including subsistence activities, within the park areas, 
except as modified by subparts B or C.
    (c) Subpart B of this part 13 contains regulations applicable to 
subsistence uses. Such regulations apply on federally owned lands and 
interests therein within park areas where subsistence is authorized. 
Subsistence uses are not allowed in Kenai Fjords National Park, Katmai 
National Park, Glacier Bay National Park, Klondike Gold Rush National 
Historical Park, Sitka National Historical Park, and parts of Denali 
National Park. The regulations in subpart B amend in part the general 
regulations contained in this chapter and the regulations contained in 
subpart A of this part 13.
    (d) Subpart C of this part 13 contains special regulations for 
specific park areas. Such regulations amend in part the general 
regulations contained in this chapter and the regulations contained in 
subparts A and B of this part 13.
    (e) Subpart D of this part 13 contains regulations applicable to 
authorized visitor service providers operating within certain park 
areas. The regulations in subpart D of this part amend in part the 
general regulations contained in this chapter.
    (f) For purposes of this chapter, ``federally owned lands'' does not 
include those land interests:
    (1) Tentatively approved to the State of Alaska; or
    (2) Conveyed by an interim conveyance to a Native corporation.

[46 FR 31854, June 17, 1981, as amended at 61 FR 35137, July 5, 1996; 61 
FR 54339, Oct. 18, 1996]



Sec. 13.3  [Reserved]



Sec. 13.4  Information collection.

    The information collection requirements contained in Secs. 13.13, 
13.14, 13.15, 13.16, 13.17, 13.31, 13.44, 13.45, 13.49, and 13.51 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3507 and assigned clearance number 1024-0015. The information is being 
collected to solicit information necessary for the Superintendent to 
issue permits and other benefits. This information will be used to grant 
statutory or administrative benefits. In all sections except 13.13, the 
obligation to respond is required to obtain a benefit. In Sec. 13.13, 
the obligation to respond is mandatory.



Secs. 13.10--13.16  [Reserved]



Sec. 13.17  Cabins and other structures.

    (a) Purpose and policy. The policy of the National Park Service is 
to manage the use, occupancy and disposition of cabins and other 
structures in park areas in accordance with the language and intent of 
ANILCA, the National Park Service Organic Act (16 U.S.C. 1 et seq.) and 
other applicable law. Except as Congress has directly and specifically 
provided to the contrary, the use, occupancy and disposition of cabins 
and other structures in park areas shall be managed in a manner that is

[[Page 173]]

compatible with the values and purposes for which the National Park 
System and these park areas have been established. In accordance with 
this policy, this section governs the following authorized uses of 
cabins and other structures in park areas:
    (1) Use and/or occupancy pursuant to a valid existing lease or 
permit;
    (2) Use and occupancy of a cabin not under valid existing lease or 
permit;
    (3) Use for authorized commercial fishing activities;
    (4) Use of cabins for subsistence purposes;
    (5) General public use cabins;
    (6) Cabins in wilderness areas;
    (7) Use of temporary facilities related to the taking of fish and 
wildlife; and
    (8) New cabins and other structures otherwise authorized by law.
    (b) Applicability. Unless otherwise specified, this section applies 
to all park areas in Alaska except Klondike Gold Rush National 
Historical Park and Sitka National Historical Park.
    (c) Definitions. The following definitions apply to this section:
    ``Cabin'' means a small, usually one-story dwelling of simple 
construction, completely enclosed, with a roof and walls which may have 
windows and door(s).
    ``Claimant'' means a person who has occupied and used a cabin or 
other structure as a primary, permanent residence for a substantial 
portion of the time, and who, when absent, has the intention of 
returning to it as his/her primary, permanent residence. Factors 
demonstrating a person's primary, permanent residence include, but are 
not limited to documentary evidence, e.g. the permanent address 
indicated on licenses issued by the State of Alaska and tax returns and 
the location where the person is registered to vote.
    ``Immediate family member'' means a claimant's spouse, or a 
grandparent, parent, brother, sister, child or adopted child of a 
claimant or of the claimant's spouse.
    ``Possessory interest'' means the partial or total ownership of a 
cabin or structure.
    ``Right of occupancy'' means a valid claim to use or reside in a 
cabin or other structure.
    ``Shelter'' means a structure designed to provide temporary relief 
from the elements and is characterized as a lean-to having one side 
open.
    ``Substantial portion of the time'' means at least 50 percent of the 
time since beginning occupancy and at least 4 (four) consecutive months 
of continuous occupancy in every calendar year after 1986.
    ``Temporary campsite'' means a natural, undeveloped area suitable 
for the purpose of overnight occupancy without modification.
    ``Temporary facility'' means a structure or other manmade 
improvement that can be readily and completely dismantled and/or removed 
from the site when the authorized use terminates. The term does not 
include a cabin.
    ``Tent platform'' means a structure, usually made of manufactured 
timber products, constructed to provide a solid, level floor for a tent, 
with or without partial walls not exceeding three feet in height above 
the floor, and having only the tent fabric, the ridge pole and its 
support poles extending higher than three feet above the floor.
    (d) Administration--(1) Permit application procedures. Except as 
otherwise specified in this section, the procedures set forth in 
Sec. 13.31(a) of this chapter govern application for any permit 
authorized pursuant to this section.
    (2) Notice and comment on proposed permit. Before a permit for the 
use and occupancy of a cabin or other structure is issued pursuant to 
this section, the Superintendent shall publish notice of the proposed 
issuance in the local media and provide a public comment period of at 
least sixty days, subject to the following exceptions: Prior notice and 
comment are not required for a permit authorizing use and occupancy for 
14 days or less of a public use cabin or use and occupancy of a 
temporary facility for the taking of fish or wildlife for sport or 
subsistence purposes.
    (3) Permit revocation. (i) The superintendent may revoke a permit or 
lease issued pursuant to this section when the superintendent determines 
that the use under the permit or lease is causing or may cause 
significant detriment to the principal purposes for which the park area 
was established. Provided,

[[Page 174]]

however, that if a permittee submits a written request for a hearing 
concerning the revocation, based on the cause listed above, of a permit 
or lease issued pursuant to paragraph (e)(1), (e)(2), (e)(4) or (e)(8) 
of this section, the matter shall be assigned to an administrative law 
judge who, after notice and hearing and based on substantial evidence in 
the administrative record as a whole, shall render a recommended 
decision for the superintendent's review. The superintendent shall then 
accept, reject or modify the administrative law judge's recommended 
decision in whole or in part and issue a final decision in writing.
    (ii) The superintendent may revoke or modify any permit or lease 
issued pursuant to this section when the permittee violates a term of 
the permit or lease.
    (4) Appeal procedures. The procedures set forth in Sec. 13.31(b) of 
this chapter govern appeals of a permit denial, a denial of a permit 
renewal, a permit revocation and a superintendent's final decision on a 
permit revocation issued pursuant to paragraph (d)(3)(i) of this 
section.
    (5) Permittee's interest. (i) A permittee shall not accrue a 
compensable interest in a cabin or other structure in a park area unless 
specifically authorized by Federal statutory law.
    (ii) A cabin or other structure in a park area may not be sold, 
bartered, exchanged, assigned or included as a portion of any sale or 
exchange of other property by a permittee unless specifically authorized 
by Federal statutory law.
    (iii) The Superintendent shall determine the extent and nature of a 
permittee's possessory interest at the time a permit is issued or 
denied.
    (6) Cabin Site Compatibility. The Superintendent shall establish 
permit conditions that require a permittee--
    (i) When constructing, maintaining or repairing a cabin or other 
structure authorized under this section, to use materials and methods 
that blend with and are compatible with the immediate and surrounding 
landscape; and
    (ii) When terminating an activity that involves a structure 
authorized under this section, to dismantle and remove the structure and 
all personal property from the park area within a reasonable period of 
time and in a manner consistent with the protection of the park area.
    (7) Access. (i) A permittee under this section who holds a permit 
for use and occupancy of a cabin or other structure located on public 
lands in a park area, not under valid existing lease or permit in effect 
on December 2, 1980, does not have a ``valid property or occupancy 
interest'' for purposes of ANILCA section 1110(b) and its implementing 
regulations.
    (ii) When issuing a permit under this section, the Superintendent 
shall provide for reasonable access which is appropriate and consistent 
with the values and purposes for which the park area was established.
    (iii) All impacts of the access to a cabin or other structure are 
deemed to be a part of, and shall be considered in any evaluation of, 
the effects of a use authorized by a permit issued under this section.
    (8) Abandonment. (i) An existing cabin or other structure not under 
valid lease or permit, and its contents, are abandoned:
    (A) When no permit application has been received for its use and 
occupancy before October 20, 1987, one year after the effective date of 
this section; or
    (B) One year after a permit application for its use and occupancy 
has been denied or a permit for its use and occupancy has been revoked, 
denied or has expired.
    (ii) A claimant or applicant whose application for a permit has been 
denied or whose permit has expired may remove all or a portion of a 
cabin or other structure and its contents from a park area, to the 
extent of his or her possessory interest and under conditions 
established by the Superintendent, until the date the cabin or structure 
is considered abandoned.
    (iii) The contents of a cabin or other structure are considered 
abandoned when the cabin or other structure is considered abandoned.
    (iv) A person whose permit for the use and occupancy of a cabin or 
other structure is revoked may remove his or her personal property from 
a park area

[[Page 175]]

under conditions established by the Superintendent until one year after 
the date of the permit's revocation.
    (v) The Superintendent shall dispose of abandoned property in 
accordance with Secs. 2.22 and 13.22 of this chapter. No property shall 
be removed from a cabin until such property has been declared abandoned 
or determined to constitute a direct threat to the safety of park 
visitors or area resources.
    (9) Emergency use. During an emergency involving the safety of human 
life, a person may use any cabin designated by the Superintendent for 
official government business, general public use or shared subsistence 
use. The person shall report such use to the Superintendent as soon as 
is practicable.
    (e) Authorized cabin use and occupancy. Use or occupancy of a cabin 
or structure in a park area is prohibited, except pursuant to the terms 
of a permit issued by the Superintendent under this section or as 
otherwise authorized by provisions of this chapter.
    (1) Use and/or occupancy pursuant to a valid existing lease or 
permit. A person who holds a valid lease or permit in effect on December 
2, 1980, for a cabin, homesite or similar structure not subject to the 
provisions of paragraph (e)(2) of this section, on Federal lands in a 
park area, may continue the use authorized by that lease or permit, 
subject to the following conditions:
    (i) Renewal. The Superintendent shall renew a valid lease or permit 
upon its expiration in accordance with the provisions of the original 
lease or permit, subject to any modifications or new conditions that the 
Superintendent finds necessary for the protection of the values and 
purposes of the park area.
    (ii) Denial of renewal. The Superintendent may deny the renewal or 
continuation of a valid lease or permit only after issuing specific 
findings, following notice and an opportunity for the leaseholder or 
permittee to respond, that renewal or continuation constitutes a direct 
threat to, or a significant impairment of, the purposes for which the 
park area was established.
    (iii) Transfer. Subject to any prohibitions or restrictions that 
apply to transfer in the existing lease or permit, the Superintendent 
may transfer a valid existing lease or permit to another person at the 
election or death of the original permittee or leaseholder, only if the 
Superintendent determines that:
    (A) The continued use is appropriate and compatible with the values 
and purposes of the park area;
    (B) The continued use is non-recreational in nature;
    (C) There is no demonstrated overriding need for public use; and
    (D) The continued use and occupancy will not adversely impact soils, 
vegetation, water or wildlife resources.
    (2) Use and occupancy of a cabin not under valid existing lease or 
permit as of December 1, 1978. (i) A cabin or other residential 
structure in existence and occupied by a claimant, both prior to 
December 18, 1973, with the claimant's occupancy continuing for a 
substantial portion of the time, may continue to be used and occupied by 
the claimant pursuant to a renewable, nontransferable five-year permit. 
Upon the request of the claimant or a successor who is an immediate 
family member and residing in the cabin or structure, the Superintendent 
shall renew this permit every five years until the death of the last 
immediate family member of the claimant who was residing with the 
claimant in the structure under permit at the time of issuance of the 
original permit.
    (ii) A cabin or other residential structure in existence prior to 
December 1, 1978, with occupancy commenced by a claimant between 
December 18, 1973 and December 1, 1978, which a claimant has continued 
to occupy or use for a substantial portion of the time, may continue to 
be used and occupied by the claimant pursuant to a non-transferable 
permit. The Superintendent may issue and extend such permit for a term 
not to exceed December 1, 1999 for such reasons as are deemed by the 
Superintendent to be equitable and just. The Superintendent shall review 
the permit at least every two years and modify the permit as necessary 
to protect park resources and values.
    (iii) Permit application. In order to obtain, renew or extend a 
permit, a

[[Page 176]]

claimant shall submit a written application. In the case of an 
application to renew or extend a permit issued pursuant to this 
paragraph, if no circumstance relating to the permittee's occupancy and 
use of the cabin or structure has changed in the interim, applicable 
material submitted by the permittee to satisfy the original application 
requirements is considered sufficient and need not be resubmitted. The 
following information is required to be included in a permit 
application:
    (A) Reasonable proof of possessory interest or right of occupancy in 
the cabin or structure, demonstrated by affidavit, bill of sale, or 
other documentation. In order for a claimant to qualify for a permit 
described in paragraph (e)(2)(i) of this section, the claimant's 
possessory interest or right of occupancy must have been acquired prior 
to December 18, 1973. In order for a claimant to qualify for a permit 
described in paragraph (e)(2)(ii) of this section, the claimant's 
possessory interest or right of occupancy must have been acquired prior 
to December 1, 1978;
    (B) A sketch or photograph that accurately depicts the cabin or 
structure;
    (C) A map that shows the geographic location of the cabin or 
structure;
    (D) The claimant's agreement to vacate and remove all personal 
property from the cabin or structure upon expiration of the permit;
    (E) The claimant's acknowledgement that he or she has no legal 
interest in the real property on which the cabin or structure is 
located;
    (F) Reasonable proof that the claimant has lived in the cabin or 
structure during a substantial portion of the time and continues to use 
the cabin or other structure as a primary, permanent residence; and
    (G) A list of all immediate family members residing with the 
claimant within the cabin or structure for which the application is 
being submitted. Such list need only include those immediate family 
members who will be eligible to continue to use and occupy the cabin or 
other structure upon the death or departure of the original claimant.
    (iv) Permit application deadline. The deadline for receipt of a 
permit application for the occupancy and use of an existing cabin or 
other structure described in paragraph (e)(2)(i) or (ii) of this section 
is October 20, 1987, one year after the effective date of this section. 
The Superintendent may extend this deadline for a reasonable period of 
time only when a permit applicant demonstrates that extraordinary 
circumstances prevented timely application.
    (3) Use for authorized commercial fishing activities. The use of a 
campsite, cabin or other structure in conjunction with commercial 
fishing activities authorized by section 205 of ANILCA in Cape 
Krusenstern National Monument, the Malaspina Glacier Forelands area of 
Wrangell-Saint Elias National Preserve, and the Dry Bay area of Glacier 
Bay National Preserve is authorized pursuant to the provisions of 
Sec. 13.21(c) of this chapter and the terms of a permit issued by the 
Superintendent.
    (4) Use of cabins for subsistence purposes. (i) A local rural 
resident who is an eligible subsistence user may use an existing cabin 
or other structure or temporary facility or construct a new cabin or 
other structure, including temporary facilities, in a portion of a park 
area where subsistence use is allowed, pursuant to the applicable 
provisions of subparts B and C of this part and the terms of a permit 
issued by the Superintendent. However, the Superintendent may designate 
existing cabins or other structures that may be shared by local rural 
residents for authorized subsistence uses without a permit.
    (ii) For purposes of paragraph (e)(4) of this section, the term 
``local rural resident'', with respect to national parks, monuments, and 
preserves is defined in Sec. 13.42 of this chapter.
    (iii) Permit application. In order to obtain or renew a permit, a 
person shall submit an application. In the case of an application to 
renew a permit issued pursuant to this paragraph, if no circumstance 
relating to the permittee's occupancy and use of the cabin or structure 
has changed in the interim, applicable material submitted by the 
permittee to satisfy the original application requirements is considered 
sufficient and need not be resubmitted. The

[[Page 177]]

following information is required to be included in a permit 
application:
    (A) An explanation of the applicant's need for the cabin or 
structure;
    (B) A description of an applicant's past, present and anticipated 
future subsistence uses relevant to his or her need for the cabin or 
structure;
    (C) A blueprint, sketch or photograph of the cabin or structure;
    (D) A map that shows the geographic location of the cabin or 
structure; and
    (E) A description of the types of occupancy and schedule for use of 
the cabin or structure.
    All information may be provided orally except the cabin blueprint, 
sketch or photograph and the map.
    (iv) Permit issuance. (A) In making a decision on a permit 
application, the Superintendent shall consider whether the use by local 
rural residents of a cabin or other structure for subsistence purposes 
is customary and traditional in that park area and shall determine 
whether the use and occupancy of a new or existing cabin or structure is 
``necessary to reasonably accommodate'' the applicant's subsistence 
uses. In making this determination, the Superintendent shall examine the 
applicant's particular circumstances, including but not limited to his 
or her past patterns of subsistence uses and his or her future 
subsistence use plans, reasonable subsistence use alternatives, the 
specific nature of the subsistence uses to be accommodated by the cabin 
or structure, the impacts of the cabin or structure on other local rural 
residents who depend on subsistence uses and the impacts of the proposed 
structure and activities on the values and purposes for which the park 
area was established.
    (B) The Superintendent may permit the construction of a new cabin or 
other new structure for subsistence purposes only if a tent or other 
temporary facility would not adequately and reasonably accommodate the 
applicant's subsistence uses without significant hardship and the use of 
no other type of cabin or other structure provided for in this section 
can adequately and reasonably accommodate the applicant's subsistence 
uses with a lesser impact on the values and purposes for which the park 
area was established.
    (v) Permit terms. The Superintendent shall, among other conditions, 
establish terms of a permit that:
    (A) Allow for use and occupancy during the harvest or gathering of 
subsistence resources, at such times as may be reasonably necessary to 
prepare for a harvest season (e.g., opening or closing a cabin or 
structure at the beginning or end of a period of use), and at other 
times reasonably necessary to accommodate the permittee's specified 
subsistence uses;
    (B) Prohibit residential use in conjunction with subsistence 
activities; and
    (C) Limit the term of a permit to a period of five years or less.
    (vi) Temporary facilities. A temporary facility or structure 
directly and necessarily related to the taking of subsistence resources 
may be constructed and used by a qualified subsistence user without a 
permit so long as such use is for less than thirty days and the site is 
returned to a natural condition. The Superintendent may establish 
conditions and standards governing the use or construction of these 
temporary structures and facilities which shall be published annually in 
accordance with Sec. 1.7 of this chapter.
    (vii) Shared use. In any permit authorizing the construction of a 
cabin or other structure necessary to reasonably accommodate authorized 
subsistence uses, the Superintendent shall provide for shared use of the 
facility by the permittee and other local rural residents rather than 
for exclusive use by the permittee.
    (5) General public use cabins. (i) The Superintendent may designate 
a cabin or other structure located outside of designated wilderness 
areas and not otherwise under permit under this section (or under permit 
for only a portion of the year) as a public use cabin. Such designated 
public use cabins are intended for short term recreational use and 
occupancy only.
    (ii) The Superintendent may establish conditions and develop an 
allocation system in order to manage the use of designated public use 
cabins.
    (iii) The Superintendent shall mark all public use cabins with a 
sign and

[[Page 178]]

shall maintain a map showing their locations.
    (6) Cabins in wilderness areas. The use and occupancy of a cabin or 
other structure located in a designated wilderness area are subject to 
the other applicable provisions of this section, and the following 
conditions:
    (i) A previously existing public use cabin located within wilderness 
designated by ANILCA may be allowed to remain and may be maintained or 
replaced subject to such restrictions as the Superintendent finds 
necessary to preserve the wilderness character of the area. As used in 
this paragraph, the term ``previously existing public use cabin'' means 
a cabin or other structure which, on November 30, 1978, was recognized 
and managed by a Federal land managing agency as a structure available 
for general public use.
    (ii) Within a wilderness area designated by ANILCA, a new public use 
cabin or shelter may be constructed, maintained and used only if 
necessary for the protection of the public health and safety.
    (iii) A cabin or other structure located in a designated wilderness 
area may not be designated, assigned or used for commercial purposes, 
except that designated public use cabins may be used in conjunction with 
commercial guided visitor services, but not to the exclusion of the 
general public.
    (7) Use of temporary facilities related to the taking of fish and 
wildlife. (i) In a national preserve where the taking of fish and 
wildlife is permitted, the construction, maintenance or use of a 
temporary campsite, tent platform, shelter or other temporary facility 
or equipment directly and necessarily related to such activities is 
prohibited except pursuant to the terms of a permit issued by the 
Superintendent. This requirement applies only to a temporary facility 
that will remain in place for a period longer than 14 days.
    (ii) Permit application. In order to obtain or renew a permit, a 
person shall submit an application. In the case of an application to 
renew a permit issued pursuant to this paragraph, if no circumstance 
relating to the permittee's occupancy and use of the structure has 
changed in the interim, applicable material submitted by the permittee 
to satisfy the original application requirements is considered 
sufficient and need not be resubmitted. The following information is 
required to be included in a permit application:
    (A) An explanation of the applicant's need for the temporary 
facility, including a description of the applicant's hunting and fishing 
activities relevant to his or her need for the facility;
    (B) A diagram, sketch or photograph of the temporary facility;
    (C) A map that shows the geographic location of the temporary 
facility; and
    (D) A description of both the past use (if any) and the desired use 
of the temporary facility, including a schedule for its projected use 
and removal. All information may be provided orally except the diagram, 
sketch or photograph of the facility and the map.
    (iii) Permit issuance. (A) In making a decision on a permit 
application, the Superintendent shall determine whether a temporary 
facility is ``directly and necessarily related to'' the applicant's 
legitimate hunting and fishing activities by examining the applicant's 
particular circumstances, including, but not limited to his or her 
reasonable need for a temporary facility and any reasonable alternatives 
available that are consistent with the applicant's needs. The 
Superintendent shall also consider whether the proposed use would 
constitute an expansion of existing facilities or use and would be 
detrimental to the purposes for which the national preserve was 
established. If the Superintendent finds that the proposed use would 
either constitute an expansion above existing levels or be detrimental 
to the purposes of the preserve, he/she shall deny the permit. The 
Superintendent may authorize the replacement or relocation within the 
national preserve of an existing temporary facility or structure.
    (B) The Superintendent shall deny an application for a proposed use 
that would exceed a ceiling or allocation established pursuant to the 
national preserve's General Management Plan.
    (iv) Permit terms. The Superintendent shall allow for use and 
occupancy of a temporary facility only to the extent that such facility 
is directly and necessarily related to the permittee's hunting and 
fishing activities, and

[[Page 179]]

shall provide that the temporary facility be used and maintained in a 
manner consistent with the protection of the values and purposes of the 
park area in which it is located. The Superintendent may also establish 
permit terms that:
    (A) Limit use to a specified period, not to exceed the applicable 
hunting or fishing season and such additional brief periods necessary to 
maintain the facility before and after the season;
    (B) Require the permittee to remove a temporary facility and all 
associated personal property from the park area upon termination of the 
permittee's hunting and fishing activities and related use of the 
facility or on a specific date;
    (C) Require reasonable seasonal relocation of a temporary facility 
in order to protect the values and purposes for which the park area was 
established;
    (D) Require that a temporary facility be used on a shared basis and 
not exclusively by the permittee; and
    (E) Limit the overall term of a permit to a reasonable period of 
time, not to exceed one year.
    (8) New cabins and other structures otherwise authorized by law. The 
Superintendent may issue a permit for the construction, temporary use, 
occupancy, and maintenance of a cabin or other structure which is 
authorized by law but not governed by any other paragraph in this 
section.

[51 FR 33484, Sept. 19, 1986]



Sec. 13.18  Camping and picnicking.

    (a) Camping. Camping is permitted in park areas except where such 
use is prohibited or otherwise restricted by the Superintendent in 
accordance with the provisions of Sec. 13.30, or as set forth for 
specific park areas in subpart C of this part.
    (b) Picnicking. Picnicking is permitted in park areas except where 
such activity is prohibited by the posting of appropriate signs.



Sec. 13.19  Weapons, traps and nets.

    (a) This section applies to all park areas in Alaska except Klondike 
Gold Rush National Historical Park, Sitka National Historical Park and 
the former Mt. McKinley National Park, Glacier Bay National Monument and 
Katmai National Monument.
    (b) Firearms may be carried within park areas in accordance with 
applicable Federal and State laws, except where such carrying is 
prohibited or otherwise restricted pursuant to Sec. 13.30.
    (c) Traps, bows and other implements authorized by State and Federal 
law for the taking of fish and wildlife may be carried within National 
Preserves only during those times when the taking of fish and wildlife 
is authorized by applicable law or regulation.
    (d) In addition to the authorities provided in paragraphs (b) and 
(c) of this section, weapons (other than firearms) traps and nets may be 
possessed within park areas provided such weapons, traps or nets are 
within or upon a device or animal used for transportation and are 
unloaded and cased or otherwise packed in such a manner as to prevent 
their ready use while in a park area.
    (e) Notwithstanding the provisions of this section, local rural 
residents who are authorized to engage in subsistence uses, including 
the taking of wildlife pursuant to Sec. 13.48, may use, possess, or 
carry traps, nets and other weapons in accordance with applicable State 
and Federal laws.



Sec. 13.20  Preservation of natural features.

    (a) This section applies to all park areas in Alaska except Klondike 
Gold Rush National Historical Park, Sitka National Historical Park, the 
former Mt. McKinley National Park, Glacier Bay National Monument, and 
Katmai National Monument.
    (b) Renewable Resources. The gathering or collecting, by hand and 
for personal use only, of the following renewable resources is 
permitted:
    (1) Natural plant food items, including fruits, berries and 
mushrooms, but not including threatened or endangered species;
    (2) Driftwood and uninhabited seashells;
    (3) Such plant materials and minerals as are essential to the 
conduct of traditional ceremonies by Native Americans; and
    (4) Dead or downed wood for use in fires within park areas.

[[Page 180]]

    (c) Rocks and Minerals. Surface collection, by hand (including hand-
held gold pans) and for personal recreational use only, of rocks and 
minerals is permitted: Provided, however, That (1) collection of silver, 
platinum, gemstones and fossils is prohibited, and (2) collection 
methods which may result in disturbance of the ground surface, such as 
the use of shovels, pickaxes, sluice boxes, and dredges, are prohibited.
    (d) Closure and Notice. Under conditions where it is found that 
significant adverse impact on park resources, wildlife populations, 
subsistence uses, or visitor enjoyment of resources will result, the 
Superintendent shall prohibit the gathering or otherwise restrict the 
collecting of these items. Portions of a park area in which closures or 
restrictions apply shall be (1) published in at least one newspaper of 
general circulation in the State and designated on a map which shall be 
available for public inspection in the office of the Superintendent, or 
(2) designated by the posting of appropriate signs, or (3) both.
    (e) Subsistence. Nothing in this section shall apply to local rural 
residents authorized to take renewable resources.



Sec. 13.21  Taking of fish and wildlife.

    (a)  [Reserved]
    (b) Fishing. Fishing is permitted in all park areas in accordance 
with applicable State and Federal law, and such laws are hereby adopted 
and made a part of these regulations to the extent they are not 
inconsistent with Sec. 2.3 of this chapter.
    (c) Commercial fishing. The exercise of valid commercial fishing 
rights or privileges obtained prior to December 2, 1980, pursuant to 
existing law in Cape Krusenstern National Monument, the Malaspina 
Glacier Forelands area of the Wrangell-St. Elias National Preserve, and 
the Dry Bay area of Glacier Bay National Preserve, including the use of 
these park areas for existing campsites, cabins and other structures, 
motorized vehicles, and aircraft landings on existing airstrips, may 
continue provided that all such use is directly incident to the exercise 
of those rights or privileges.
    (1) Restrictions. The Superintendent may restrict or revoke the 
exercise of a valid commercial fishing right or privilege based upon 
specific findings, following public notice and an opportunity for 
response, that continuation of such use of a park area constitutes a 
direct threat to or significant impairment of the values and purposes 
for which the park area was established.
    (2) Expansion of uses. (i) A person holding a valid commercial 
fishing right or privilege may expand his or her level of use of a park 
area beyond the level of such use in 1979 only pursuant to the terms of 
a permit issued by the Superintendent.
    (ii) The Superintendent may deny a permit or otherwise restrict the 
expanded use of a park area directly incident to the exercise of such 
rights or privileges, if the Superintendent determines, after conducting 
a public hearing in the affected locality, that the expanded use 
constitutes either:
    (A) A significant expansion of the use of a park area beyond the 
level of such use during 1979 (taking into consideration the relative 
levels of use in the general vicinity, as well as the applicant's levels 
of use); or
    (B) A direct threat to, or significant impairment of, the values and 
purposes for which the park area was established.
    (d) Hunting and trapping. (1) Hunting and trapping are allowed in 
national preserves in accordance with applicable Federal and non-
conflicting State law and regulations.
    (2) Violating a provision of either Federal or non-conflicting State 
law or regulation is prohibited.
    (3) Engaging in trapping activities as the employee of another 
person is prohibited.
    (4) It shall be unlawful for a person having been airborne to use a 
firearm or any other weapon to take or assist in taking any species of 
bear, caribou, Sitka black-tailed deer, elk, coyote, arctic and red fox, 
mountain goat, moose, Dall sheep, lynx, bison, musk ox, wolf and 
wolverine until after 3 a.m. on the day following the day in which the 
flying occurred. This prohibition does not apply to flights on regularly 
scheduled commercial airlines

[[Page 181]]

between regularly maintained public airports.
    (e) Closures and restrictions. The Superintendent may prohibit or 
restrict the non-subsistence taking of fish or wildlife in accordance 
with the provisions of Sec. 13.30 of this chapter. Except in emergency 
conditions, such restrictions shall take effect only after the 
Superintendent has consulted with the appropriate State agency having 
responsibility over fishing, hunting, or trapping and representatives of 
affected users.

[46 FR 31854, June 17, 1981, as amended at 51 FR 33487, Sept. 19, 1986; 
60 FR 18534, Apr. 11, 1995]



Sec. 13.22  Unattended or abandoned property.

    (a) This section applies to all park areas in Alaska except Klondike 
Gold Rush National Historical Park and Sitka National Historical Park, 
or as further restricted for specific park areas in subpart C of this 
part.
    (b) Leaving any snowmachine, vessel, off-road vehicle or other 
personal property unattended for longer than 12 months without prior 
permission of the Superintendent is prohibited, and any property so left 
may be impounded by the Superintendent.
    (c) The Superintendent may (1) designate areas where personal 
property may not be left unattended for any time period, (2) establish 
limits on the amount, and type of personal property that may be left 
unattended, (3) prescribe the manner in which personal property may be 
left unattended, or (4) establish limits on the length of time personal 
property may be left unattended. Such designations and restrictions 
shall be (i) published in at least one newspaper of general circulation 
within the State, posted at community post offices within the vicinity 
affected, made available for broadcast on local radio stations in a 
manner reasonably calculated to inform residents in the affected 
community, and designated on a map which shall be available for public 
inspection at the office of the Superintendent, or (ii) designated by 
the posting of appropriate signs or (iii) both.
    (d) In the event unattended property interferes with the safe and 
orderly management of a park area or is causing damage to the resources 
of the area, it may be impounded by the Superintendent at any time.



Sec. 13.30  Closure procedures.

    (a) Authority. The Superintendent may close an area or restrict an 
activity on an emergency, temporary, or permanent basis.
    (b) Criteria. In determining whether to close an area or restrict an 
activity on an emergency basis, the Superintendent shall be guided by 
factors such as public health and safety, resource protection, 
protection of cultural or scientific values, subsistence uses, 
endangered or threatened species conservation, and other management 
considerations necessary to ensure that the activity or area is being 
managed in a manner compatible with the purposes for which the park area 
was established.
    (c) Emergency Closures. (1) Emergency closures or restrictions 
relating to the use of aircraft, snowmachines, motorboats, or 
nonmotorized surface transportation shall be made after notice and 
hearing; (2) emergency closures or restrictions relating to the taking 
of fish and wildlife shall be accompanied by notice and hearing; (3) 
other emergency closures shall become effective upon notice as 
prescribed in Sec. 13.30(f); and (4) no emergency closure or restriction 
shall extend for a period exceeding 30 days, nor may it be extended.
    (d) Temporary closures or restrictions. (1) Temporary closures or 
restrictions relating to the use of aircraft, snowmachines, motorboats, 
or nonmotorized surface transportation or to the taking of fish and 
wildlife, shall not be effective prior to notice and hearing in the 
vicinity of the area(s) directly affected by such closures or 
restrictions, and other locations as appropriate; (2) other temporary 
closures shall be effective upon notice as prescribed in Sec. 13.30(f); 
(3) temporary closures or restrictions shall not extend for a period 
exceeding 12 months and may not be extended.
    (e) Permanent closures or restrictions. Permanent closures or 
restrictions shall be published as rulemaking in the Federal Register 
with a minimum public comment period of 60 days and

[[Page 182]]

shall be accompanied by public hearings in the area affected and other 
locations as appropriate.
    (f) Notice. Emergency, temporary and permanent closures or 
restrictions shall be (1) published in at least one newspaper of general 
circulation in the State and in at least one local newspaper if 
available, posted at community post offices within the vicinity 
affected, made available for broadcast on local radio stations in a 
manner reasonably calculated to inform residents in the affected 
vicinity, and designated on a map which shall be available for public 
inspection at the office of the Superintendent and other places 
convenient to the public; or (2) designated by the posting of 
appropriate signs; or (3) both.
    (g) Openings. In determining whether to open an area to public use 
or activity otherwise prohibited, the Superintendent shall provide 
notice in the Federal Register and shall, upon request, hold a hearing 
in the affected vicinity and other locations as appropriate prior to 
making a final determination.
    (h) Except as otherwise specifically permitted under the provisions 
of this part, entry into closed areas or failure to abide by 
restrictions established under this section is prohibited.



Sec. 13.31  Permits.

    (a) Application. (1) Application for a permit required by any 
section of this part shall be submitted to the Superintendent having 
jurisdiction over the affected park area, or in the absence of the 
Superintendent, the Regional Director. If the applicant is unable or 
does not wish to submit the application in written form, the 
Superintendent shall provide the applicant an opportunity to present the 
application orally and shall keep a record of such oral application.
    (2) The Superintendent shall grant or deny the application in 
writing within 45 days. If this deadline cannot be met for good cause, 
the Superintendent shall so notify the applicant in writing. If the 
permit application is denied, the Superintendent shall specify in 
writing the reasons for the denial.
    (b) Denial and appeal procedures. (1) An applicant whose application 
for a permit, required pursuant to this part, has been denied by the 
Superintendent has the right to have the application reconsidered by the 
Regional Director by contacting him/her within 180 days of the issuance 
of the denial. For purposes of reconsideration, the permit applicant 
shall present the following information:
    (i) Any statement or documentation, in addition to that included in 
the initial application, which demonstrates that the applicant satisfies 
the criteria set forth in the section under which the permit application 
is made.
    (ii) The basis for the permit applicant's disagreement with the 
Superintendent's findings and conclusions; and
    (iii) Whether or not the permit applicant requests an informal 
hearing before the Regional Director.
    (2) The Regional Director shall provide a hearing if requested by 
the applicant. After consideration of the written materials and oral 
hearing, if any, and within a reasonable period of time, the Regional 
Director shall affirm, reverse, or modify the denial of the 
Superintendent and shall set forth in writing the basis for the 
decision. A copy of the decision shall be forwarded promptly to the 
applicant and shall constitute final agency action.



                         Subpart B--Subsistence



Sec. 13.40  Purpose and policy.

    (a) Consistent with the management of fish and wildlife in 
accordance with recognized scientific principles and the purposes for 
which each park area was established, designated, or expanded by ANILCA, 
the purpose of this subpart is to provide the opportunity for local 
rural residents engaged in a subsistence way of life to do so pursuant 
to applicable State and Federal law.
    (b) Consistent with sound management principles, and the 
conservation of healthy populations of fish and wildlife, the 
utilization of park areas is to cause the least adverse impact possible 
on local rural residents who depend upon subsistence uses of the 
resources of the public lands in Alaska.
    (c) Nonwasteful subsistence uses of fish, wildlife and other 
renewable resources by local rural residents shall be

[[Page 183]]

the priority consumptive uses of such resources over any other 
consumptive uses permitted within park areas pursuant to applicable 
State and Federal law.
    (d) Whenever it is necessary to restrict the taking of a fish or 
wildlife population within a park area for subsistence uses in order to 
assure the continued viability of such population or to continue 
subsistence uses of such population, the population shall be allocated 
among local rural residents engaged in subsistence uses in accordance 
with a subsistence priority system based on the following criteria:
    (1) Customary and direct dependence upon the resource as the 
mainstay of one's livelihood;
    (2) Local residency; and
    (3) Availability of alternative resources.
    (e) The State of Alaska is authorized to regulate the taking of fish 
and wildlife for subsistence uses within park areas to the extent such 
regulation is consistent with applicable Federal law, including but not 
limited to ANILCA.
    (f) Nothing in this subpart shall be construed as permitting a level 
of subsistence use of fish and wildlife within park areas to be 
inconsistent with the conservation of healthy populations, and within a 
national park or monument to be inconsistent with the conservation of 
natural and healthy populations, of fish and wildlife.



Sec. 13.41  Applicability.

    Subsistence uses by local rural residents are allowed pursuant to 
the regulations of this Subpart in the following park areas:
    (a) In national preserves;
    (b) In Cape Krusenstern National Monument and Kobuk Valley National 
Park;
    (c) Where such uses are traditional (as may be further designated 
for each park or monument in Subpart C of this part) in Aniakchak 
National Monument, Gates of the Arctic National Park, Lake Clark 
National Park, Wrangell-St. Elias National Park, and the Denali National 
Park addition.



Sec. 13.42  Definitions.

    (a) Local rural resident. (1) As used in this part with respect to 
national parks and monuments, the term ``local rural resident'' shall 
mean either of the following:
    (i) Any person who has his/her primary, permanent home within the 
resident zone as defined by this section, and whenever absent from this 
primary, permanent home, has the intention of returning to it. Factors 
demonstrating the location of a person's primary, permanent home may 
include, but are not limited to, the permanent address indicated on 
licenses issued by the State of Alaska Department of Fish and Game, 
driver's license, and tax returns, and the location of registration to 
vote.
    (ii) Any person authorized to engage in subsistence uses in a 
national park or monument by a subsistence permit issued pursuant to 
Sec. 13.44.
    (2) [Reserved]
    (b) Resident zone. As used in this part, the term ``resident zone'' 
shall mean the area within, and the communities and areas near, a 
national park or monument in which persons who have customarily and 
traditionally engaged in subsistence uses within the national park or 
monument permanently reside. The communities and areas near a national 
park or monument included as a part of its resident zone shall be 
determined pursuant to Sec. 13.43 and listed for each national park or 
monument in Subpart C of this part.
    (c) Subsistence uses. As used in this part, the term ``subsistence 
uses'' shall mean the customary and traditional uses by rural Alaska 
residents of wild, renewable resources for direct personal or family 
consumption as food, shelter, fuel, clothing, tools or transportation; 
for the making and selling of handicraft articles out of nonedible 
byproducts of fish and wildlife resources taken for personal or family 
consumption; for barter or sharing for personal or family consumption; 
and for customary trade. For the purposes of this paragraph, the term--
    (1) ``Family'' shall mean all persons related by blood, marriage, or 
adoption, or any person living within the household on a permanent 
basis; and
    (2) ``Barter'' shall mean the exchange of fish or wildlife or their 
parts taken for subsistence uses--

[[Page 184]]

    (i) For other fish or game or their parts; or
    (ii) For other food or for nonedible items other than money if the 
exchange is of a limited and noncommercial nature; and
    (3) ``Customary trade'' shall be limited to the exchange of furs for 
cash (and such other activities as may be designated for a specific park 
area in Subpart C of this part).



Sec. 13.43  Determination of resident zones.

    (a) A resident zone shall include--
    (1) The area within a national park or monument, and
    (2) The communities and areas near a national park or monument which 
contain significant concentrations of rural residents who, without using 
aircraft as a means of access for purposes of taking fish or wildlife 
for subsistence uses (except in extraordinary cases where no reasonable 
alternative existed), have customarily and traditionally engaged in 
subsistence uses within a national park or monument. For purposes of 
determining ``significant'' concentrations, family members shall also be 
included.
    (b) After notice and comment, including public hearing in the 
affected local vicinity, a community or area near a national park or 
monument may be--
    (1) Added to a resident zone, or
    (2) Deleted from a resident zone,

when such community or area does or does not meet the criteria set forth 
in paragraph (a) of this section, as appropriate.
    (c) For purposes of this section, the term ``family'' shall mean all 
persons living within a rural resident's household on a permanent basis.



Sec. 13.44  Subsistence permits for persons whose primary, permanent home is outside a resident zone.

    (a) Any rural resident whose primary, permanent home is outside the 
boundaries of a resident zone of a national park or monument may apply 
to the appropriate Superintendent pursuant to the procedures set forth 
in Sec. 13.51 for a subsistence permit authorizing the permit applicant 
to engage in subsistence uses within the national park or monument. The 
Superintendent shall grant the permit if the permit applicant 
demonstrates that,
    (1) Without using aircraft as a means of access for purposes of 
taking fish and wildlife for subsistence uses, the applicant has (or is 
a member of a family which has) customarily and traditionally engaged in 
subsistence uses within a national park or monument; or
    (2) The applicant is a local rural resident within a resident zone 
for another national park or monument, or meets the requirements of 
paragraph (a)(1) of this section for another national park or monument, 
and there exists a pattern of subsistence uses (without use of an 
aircraft as a means of access for purposes of taking fish and wildlife 
for subsistence uses) between the national park or monument previously 
utilized by the permit applicant and the national park or monument for 
which the permit applicant seeks a subsistence permit.
    (b) In order to provide for subsistence uses pending application for 
and receipt of a subsistence permit, until August 1, 1981, any rural 
resident whose primary permanent home is outside the boundaries of a 
resident zone of a national park or monument and who meets the criteria 
for a subsistence permit set forth in paragraph (a) of this section may 
engage in subsistence uses in the national park or monument without a 
permit in accordance with applicable State and Federal law. Effective 
August 1, 1981, however, such rural resident must have a subsistence 
permit as required by paragraph (a) of this section in order to engage 
in subsistence uses in the national park or monument.
    (c) For purposes of this section, the term ``family'' shall mean all 
persons living within a rural resident's household on a permanent basis.



Sec. 13.45  Prohibition of aircraft use.

    (a) Notwithstanding the provisions of Sec. 13.12 the use of aircraft 
for access to or from lands and waters within a national park or 
monument for purposes of taking fish or wildlife for subsistence uses 
within the national park or monument is prohibited except as provided in 
this section.

[[Page 185]]

    (b) Exceptions. (1) In extraordinary cases where no reasonable 
alternative exists, the Superintendent shall permit, pursuant to 
specified terms and conditions, a local rural resident of an ``exempted 
community'' to use aircraft for access to or from lands and water within 
a national park or monument for purposes of taking fish or wildlife for 
subsistence uses.
    (i) A community shall quality as an ``exempted community'' if, 
because of the location of the subsistence resources upon which it 
depends and the extraordinary difficulty of surface access to these 
subsistence resources, the local rural residents who permanently reside 
in the community have no reasonable alternative to aircraft use for 
access to these subsistence resources.
    (ii) A community which is determined, after notice and comment 
(including public hearing in the affected local vicinity), to meet the 
description of an ``exempted community'' set forth in paragraph (b)(1) 
of this section shall be included in the appropriate special regulations 
for each park and monument set forth in Subpart C of this part.
    (iii) A community included as an ``exempted community'' in Subpart C 
of this part may be deleted therefrom upon a determination, after notice 
and comment (including public hearing in the affected local vicinity), 
that it does not meet the description of an ``exempted community'' set 
forth in paragraph (b)(1) of this section.
    (2) Any local rural resident aggrieved by the prohibition on 
aircraft use set forth in this section may apply for an exception to the 
prohibition pursuant to the procedures set forth in Sec. 13.51. In 
extraordinary cases where no reasonable alternative exists, the 
Superintendent may grant the exception upon a determination that the 
location of the subsistence resources depended upon and the difficulty 
of surface access to these resources, or other emergency situation, 
requires such relief.
    (c) Nothing in this section shall prohibit the use of aircraft for 
access to lands and waters within a national park or monument for 
purposes of engaging in any activity allowed by law other than the 
taking of fish and wildlife. Such activities include, but are not 
limited to, transporting supplies.



Sec. 13.46  Use of snowmobiles, motorboats, dog teams, and other means of surface transportation traditionally employed by local rural residents engaged in 
          subsistence uses.

    (a) Notwithstanding any other provision of this chapter, the use of 
snowmobiles, motorboats, dog teams, and other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses is permitted within park areas except at those times 
and in those areas restricted or closed by the Superintendent.
    (b) The Superintendent may restrict or close a route or area to use 
of snowmobiles, motorboats, dog teams, or other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses if the Superintendent determines that such use is 
causing or is likely to cause an adverse impact on public health and 
safety, resource protection, protection of historic or scientific 
values, subsistence uses, conservation of endangered or threatened 
species, or the purposes for which the park area was established.
    (c) No restrictions or closures shall be imposed without notice and 
a public hearing in the affected vicinity and other locations as 
appropriate. In the case of emergency situations, restrictions or 
closures shall not exceed sixty (60) days and shall not be extended 
unless the Superintendent establishes, after notice and public hearing 
in the affected vicinity and other locations as appropriate, that such 
extension is justified according to the factors set forth in paragraph 
(b) of this section. Notice of the proposed or emergency restrictions or 
closures and the reasons therefor shall be published in at least one 
newspaper of general circulation within the State and in at least one 
local newspaper if appropriate, and information about such proposed or 
emergency actions shall also be made available for broadcast on local 
radio stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All restrictions and closures shall 
be designated on a map

[[Page 186]]

which shall be available for public inspection at the office of the 
Superintendent of the affected park area and the post office or postal 
authority of every affected community within or near the park area, or 
by the posting of signs in the vicinity of the restrictions or closures, 
or both.
    (d) Motorboats, snowmobiles, dog teams, and other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses shall be operated (1) in compliance with applicable 
State and Federal law, (2) in such a manner as to prevent waste or 
damage to the park areas, and (3) in such a manner as to prevent the 
herding, harassment, hazing or driving of wildlife for hunting or other 
purposes.
    (e) At all times when not engaged in subsistence uses, local rural 
residents may use snowmobiles, motorboats, dog teams, and other means of 
surface transportation in accordance with Secs. 13.10, 13.11, 13.12, and 
13.14, respectively.



Sec. 13.47  Subsistence fishing.

    Fish may be taken by local rural residents for subsistence uses in 
park areas where subsistence uses are allowed in compliance with 
applicable State and Federal law, including the provisions of Secs. 2.3 
and 13.21 of this chapter: Provided, however, That local rural residents 
in park areas where subsistence uses are allowed may fish with a net, 
seine, trap, or spear where permitted by State law. To the extent 
consistent with the provisions of this chapter, applicable State laws 
and regulations governing the taking of fish which are now or will 
hereafter be in effect are hereby incorporated by reference as a part of 
these regulations.



Sec. 13.48  Subsistence hunting and trapping.

    Local rural residents may hunt and trap wildlife for subsistence 
uses in park areas where subsistence uses are allowed in compliance with 
applicable State and Federal law. To the extent consistent with the 
provisions of this chapter, applicable State laws and regulations 
governing the taking of wildlife which are now or will hereafter be in 
effect are hereby incorporated by reference as a part of these 
regulations.



Sec. 13.49  Subsistence use of timber and plant material.

    (a) Notwithstanding any other provision of this part, the non-
commercial cutting of live standing timber by local rural residents for 
appropriate subsistence uses, such as firewood or house logs, may be 
permitted in park areas where subsistence uses are allowed as follows:
    (1) For live standing timber of diameter greater than three inches 
at ground height, the Superintendent may permit cutting in accordance 
with the specifications of a permit if such cutting is determined to be 
compatible with the purposes for which the park area was established;
    (2) For live standing timber of diameter less than three inches at 
ground height, cutting is permitted unless restricted by the 
Superintendent.
    (b) The noncommerical gathering by local rural residents of fruits, 
berries, mushrooms, and other plant materials for subsistence uses, and 
the noncommerical gathering of dead or downed timber for firewood, shall 
be allowed without a permit in park areas where subsistence uses are 
allowed.
    (c)(1) Nothwithstanding any other provision of this part, the 
Superintendent, after notice and public hearing in the affected vicinity 
and other locations as appropriate, may temporarily close all or any 
portion of a park area to subsistence uses of a particular plant 
population only if necessary for reasons of public safety, 
administration, or to assure the continued viability of such population. 
For the purposes of this section, the term ``temporarily'' shall mean 
only so long as reasonably necessary to achieve the purposes of the 
closure.
    (2) If the Superintendent determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular plant population, 
the Superintendent may immediately close all or any portion of a park 
area to the subsistence uses of such population. Such emergency closure 
shall be effective when

[[Page 187]]

made, shall be for a period not to exceed sixty (60) days, and may not 
subsequently be extended unless the Superintendent establishes, after 
notice and public hearing in the affected vicinity and other locations 
as appropriate, that such closure should be extended.
    (3) Notice of administrative actions taken pursuant to this section, 
and the reasons justifying such actions, shall be published in at least 
one newspaper of general circulation within the State and at least one 
local newspaper if available, and information about such actions and 
reasons also shall be made available for broadcast on local radio 
stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All closures shall be designated on 
a map which shall be available for public inspection at the office of 
the Superintendent of the affected park area and the post office or 
postal authority of every affected community within or near the park 
area, or by the posting of signs in the vicinity of the restrictions, or 
both.



Sec. 13.50  Closure to subsistence uses of fish and wildlife.

    (a) Notwithstanding any other provision of this part, the 
Superintendent, after consultation with the State and adequate notice 
and public hearing in the affected vicinity and other locations as 
appropriate, may temporarily close all or any portion of a park area to 
subsistence uses of a particular fish or wildlife population only if 
necessary for reasons of public safety, administration, or to assure the 
continued viability of such population. For purposes of this section, 
the term ``temporarily'' shall mean only so long as reasonably necessary 
to achieve the purposes of the closure.
    (b) If the Superintendent determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular fish or wildlife 
population, the Superintendent may immediately close all or any portion 
of a park area to the subsistence uses of such population. Such 
emergency closure shall be effective when made, shall be for a period 
not to exceed sixty (60) days, and may not subsequently be extended 
unless the Superintendent establishes, after notice and public hearing 
in the affected vicinity and other locations as appropriate, that such 
closure should be extended.
    (c) Notice of administrative actions taken pursuant to this section, 
and the reasons justifying such actions, shall be published in at least 
one newspaper of general circulation within the State and in at least 
one local newspaper if available, and information about such actions and 
reasons also shall be made available for broadcast on local radio 
stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All closures shall be designated on 
a map which shall be available for public inspection at the office of 
the Superintendent of the affected park area and the post office or 
postal authority of every affected community within or near the park 
area, or by the posting of signs in the vicinity of the restrictions, or 
both.



Sec. 13.51  Application procedures for subsistence permits and aircraft exceptions.

    (a) Any person applying for the subsistence permit required by 
Sec. 13.44(a), or the exception to the prohibition on aircraft use 
provided by Sec. 13.45(b)(2), shall submit his/her application to the 
Superintendent of the appropriate national park or monument. If the 
applicant is unable or does not wish to submit the application in 
written form, the Superintendent shall provide the applicant an 
opportunity to present the application orally and shall keep a record of 
such oral application. Each application must include (1) a statement 
which acknowledges that providing false information in support of the 
application is a violation of Section 1001 of Title 18 of the United 
States Code, and (2) additional statements or documentation which 
demonstrates that the applicant satisfies the criteria set forth in 
Sec. 13.44(a) for a subsistence permit or Sec. 13.45(b)(2) for the 
aircraft exception, as appropriate. Except in extraordinary cases for 
good cause shown, the Superintendent shall

[[Page 188]]

decide whether to grant or deny the application in a timely manner not 
to exceed forty-five (45) days following the receipt of the completed 
application. Should the Superintendent deny the application, he/she 
shall include in the decision a statement of the reasons for the denial 
and shall promptly forward a copy to the applicant.
    (b) An applicant whose application has been denied by the 
Superintendent has the right to have his/her application reconsidered by 
the Alaska Regional Director by contacting the Regional Director within 
180 days of the issuance of the denial. The Regional Director may extend 
the 180-day time limit to initiate a reconsideration for good cause 
shown by the applicant. For purposes of reconsideration, the applicant 
shall present the following information:
    (1) Any statement or documentation, in addition to that included in 
the initial application, which demonstrates that the applicant satisfies 
the criteria set forth in paragraph (a) of this section;
    (2) The basis for the applicant's disagreement with the 
Superintendent's findings and conclusions; and
    (3) Whether or not the applicant requests an informal hearing before 
the Regional Director.
    (c) The Regional Director shall provide a hearing if requested by 
the applicant. After consideration of the written materials and oral 
hearing, if any, and within a reasonable period of time, the Regional 
Director shall affirm, reverse, or modify the denial of the 
Superintendent and shall set forth in writing the basis for the 
decision. A copy of the decision shall be forwarded promptly to the 
applicant and shall constitute final agency action.



      Subpart C--Special Regulations--Specific Park Areas in Alaska



Sec. 13.60  Aniakchak National Monument and Preserve.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Aniakchak National 
Monument:

Chignik
Chignik Lagoon
Chignik Lake
Meshik
Port Heiden



Sec. 13.61  Bering Land Bridge National Preserve.

    (a) Off-Road Vehicles. The use of off-road vehicles for purposes of 
reindeer grazing may be permitted in accordance with a permit issued by 
the Superintendent.



Sec. 13.62  Cape Krusenstern National Monument.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Cape Krusenstern 
National Monument:

Kivalina
Kotzebue
Noatak



Sec. 13.63  Denali National Park and Preserve.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Denali National Park 
addition:

Cantwell
Minchumina
Nikolai
Telida

    (b) Camping. Camping is prohibited along the road corridor and at 
Wonder Lake, except at designated areas. Camping is allowed in other 
areas in accordance with the backcountry management plan.
    (c) Unattended or Abandoned Property. Leaving unattended and 
abandoned property along the road corridor, at Wonder Lake, and in the 
areas included in the backcountry management plan, is prohibited.
    (d) [Reserved]
    (e) Fishing limit of catch and in possession. The limit of catch per 
person per day shall be 10 fish but not to exceed 10 pounds and one 
fish, except that the limit of catch of lake trout (mackinaw) per person 
per day shall be two fish including those hooked and released. 
Possession of more than one day's limit of catch by one person at any 
one time is prohibited.
    (f) Mountain climbing. Climbing on Mount McKinley or Mount Foraker 
without registering, on a form provided

[[Page 189]]

by the Superintendent, at least 60 days in advance of any climb is 
prohibited.

[46 FR 31854, June 17, 1981, as amended at 45 FR 78120, Nov. 25, 1980; 
48 FR 30295, June 30, 1983; 61 FR 6944, Feb. 23, 1996]



Sec. 13.64  Gates of the Arctic National Park and Preserve.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Gates of the Arctic 
National Park:

Alatna
Allakaket
Ambler
Anaktuvuk Pass
Bettles/Evansville
Hughes
Kobuk
Nuiqsut
Shungnak
Wiseman

    (2) Aircraft Use. In extraordinary cases where no reasonable 
alternative exists, local rural residents who permanently reside in the 
following exempted community(ies) may use aircraft for access to lands 
and waters within the park for subsistence purposes in accordance with a 
permit issued by the Superintendent:

Anaktuvuk Pass

    (3) Customary Trade. In The Gates of the Arctic National Preserve 
unit which contains the Kobuk River and its tributaries, ``customary 
trade'' shall include--in addition to the exchange of furs for cash--the 
selling of handicraft articles made from plant material taken by local 
rural residents of the park area.



Sec. 13.65  Glacier Bay National Park and Preserve.

    (a) [Reserved]
    (b) Resource protection and vessel management--(1) Definitions. As 
used in this section:
    Charter vessel means any motor vessel under 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) that is 
rated to carry up to 49 passengers, and is available for hire on an 
unscheduled basis; except a charter vessel used to provide a scheduled 
camper or kayak drop off service.
    Commercial fishing vessel means any motor vessel conducting fishing 
activities under the appropriate commercial fishing licenses as required 
and defined by the State of Alaska.
    Cruise ship means any motor vessel at or over 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) carrying 
passengers for hire.
    Entry means each time a motor vessel passes the mouth of Glacier Bay 
into the bay; each time a private vessel activates or extends a permit; 
each time a motor vessel based at or launched from Bartlett Cove leaves 
the dock area on the way into Glacier Bay, except a private vessel based 
at Bartlett Cove that is gaining access or egress to or from outside 
Glacier Bay; the first time a local private vessel uses a day of the 
seven use-day permit; or each time a motor vessel is launched from 
another vessel within Glacier Bay, except a motor vessel singularly 
launched from a permitted motor vessel and operated only while the 
permitted vessel remains at anchor, or a motor vessel launched and 
operated from a permitted motor vessel while that vessel is not under 
way and in accordance with a concession agreement.
    Glacier Bay means all marine waters contiguous with Glacier Bay, 
lying north of an imaginary line between Point Gustavus and Point 
Carolus.
    Motor vessel means any vessel, other than a seaplane, propelled or 
capable of being propelled by machinery (including steam), whether or 
not such machinery is the principal source of power, except a skiff or 
tender under tow or carried on board another vessel.
    Operate or Operating includes the actual or constructive possession 
of a vessel or motor vessel.
    Private vessel means any motor vessel used for recreation that is 
not engaged in commercial transport of passengers, commercial fishing or 
official government business.
    Pursue means to alter the course or speed of a vessel or a seaplane 
in a manner that results in retaining a vessel, or a seaplane operating 
on the water, at a distance less than one-half nautical mile from a 
whale.
    Speed through the water means the speed that a vessel moves through 
the water (which itself may be moving); as

[[Page 190]]

distinguished from ``speed over the ground.''
    Tour vessel means any motor vessel under 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) that is 
rated to carry more than 49 passengers, or any smaller vessel that 
conducts tours or provides transportation at regularly scheduled times 
along a regularly scheduled route.
    Transit means to operate a motor vessel under power and continuously 
so as to accomplish one-half nautical mile of littoral (i.e., along the 
shore) travel.
    Vessel includes every type or description of craft used as a means 
of transportation on the water, including a buoyant device permitting or 
capable of free flotation and a seaplane while operating on the water.
    Vessel use-day means any continuous period of time that a motor 
vessel is in Glacier Bay between the hours of 12 midnight on one day to 
12 midnight the next day.
    Whale means any humpback whale (Megaptera novaeangliae).
    Whale waters means any portion of Glacier Bay, designated by the 
superintendent, having a high probability of whale occupancy, based upon 
recent sighting and/or past patterns of occurrence.
    (2) Permits. The superintendent will issue permits for private motor 
vessels in accordance with this part and for cruise ships, tour vessels, 
and charter vessels in accordance with National Park Service concession 
authorizations and this part.
    (i) Private vessel permits and conditions. Each private motor vessel 
must have a permit to enter Glacier Bay June 1 through August 31.
    (A) The superintendent may establish conditions regulating how 
permits can be obtained, whom a vessel operator must contact when 
entering or leaving Glacier Bay, designated anchorages, the maximum 
length of stay in Glacier Bay, and other appropriate conditions.
    (B) June 1 through August 31, upon entering Glacier Bay through the 
mouth, the operator of a private motor vessel must report directly to 
the Bartlett Cove Ranger Station for orientation.
    (1) Failing to report as required is prohibited.
    (2) The superintendent may waive this requirement before or upon 
entry.
    (ii) Commercial vessel permits and conditions. Each commercially 
operated motor vessel must have the required permit(s) to enter Glacier 
Bay.
    (A) To obtain or renew an entry permit, a cruise ship company must 
submit and, after approval, implement a pollution minimization plan. The 
plan must ensure, to the fullest extent possible, that any ship 
permitted to travel within Glacier Bay will apply the industry's best 
approaches toward vessel oil-spill response planning and prevention and 
minimization of air and underwater noise pollution while operating in 
Glacier Bay. The superintendent will approve or disapprove the plan.
    (B) Each cruise ship company must assess the impacts of its 
activities on Glacier Bay resources pursuant to the NPS research, 
inventory and monitoring plan as specified in the applicable concession 
permit.
    (C) The superintendent at any time may impose operating conditions 
to prevent or mitigate air pollution, water pollution, underwater noise 
pollution or other effects of cruise ship operation.
    (D) The superintendent will immediately suspend the entry permit(s) 
of any cruise ship that fails to submit, implement or comply with a 
pollution minimization plan or additional operating condition.
    (E) A commercial vessel, except a commercial fishing vessel, is 
prohibited from entering Glacier Bay unless the operator notifies the 
Bartlett Cove Ranger Station of the vessel's entry immediately upon 
entry or within the 48 hours before entry.
    (F) Off-boat activity from a commercial vessel is prohibited, unless 
the superintendent allows it under conditions that the superintendent 
establishes.
    (iii) Exceptions from entry permit requirement. A permit is not 
required to enter Glacier Bay when:
    (A) A motor vessel is engaged in official business of the state or 
federal government.
    (B) A private motor vessel based at Bartlett Cove is transiting 
between

[[Page 191]]

Bartlett Cove and waters outside Glacier Bay, or is operated in Bartlett 
Cove in waters bounded by the public and administrative docks.
    (C) A motor vessel is singularly launched from a permitted motor 
vessel and operated only while the permitted motor vessel remains at 
anchor, or a motor vessel is launched and operated in accordance with a 
concession agreement from a permitted motor vessel while that vessel is 
not underway.
    (D) A commercial fishing vessel otherwise permitted under all 
applicable authorities is actually engaged in commercial fishing within 
Glacier Bay.
    (E) The superintendent grants a vessel safe harbor at Bartlett Cove.
    (iv) Prohibitions. (A) Operating a motor vessel in Glacier Bay 
without a required permit is prohibited.
    (B) Violating a term or condition of a permit or an operating 
condition or restriction issued or imposed pursuant to this chapter is 
prohibited.
    (C) The superintendent may immediately suspend or revoke a permit or 
deny a future permit request as a result of a violation of a provision 
of this chapter.
    (v) Restrictions on vessel entry. The superintendent will allow 
vessel entry in accordance with the following table:

----------------------------------------------------------------------------------------------------------------
                                               Allowable               Total
                                                 vessel     Total      vessel
                Type of vessel                  use days   entries    use days    Period covered by  limitation
                                                per day    allowed    allowed
----------------------------------------------------------------------------------------------------------------
Cruise ship..................................          2      (\1\)      (\1\)  Year round.
Tour vessel..................................          3  .........  .........  Year round.
Charter vessel...............................          6        312        552  June 1-Aug. 31.
Private vessel...............................         25        468      1,971  June 1-Aug. 31.
----------------------------------------------------------------------------------------------------------------
\1\ See paragraphs (b)(2)(v) (A) through (C) of this section.

    (A) By October 1, 1996, the superintendent will reinitiate 
consultation with the National Marine Fisheries Service (NMFS) and 
request a biological opinion under section 7 of the Endangered Species 
Act. The superintendent will request that NMFS assess and analyze any 
effects of vessel traffic authorized by this section, on the endangered 
and threatened species that occur in or use Glacier Bay National Park 
and Preserve.
    (1) Based on this biological opinion, applicable authority, and any 
other relevant information, the director shall reduce the vessel entry 
and use levels for any or all categories of vessels in this section 
effective for the 1998 season or any year thereafter, if required to 
assure protection of the values and purposes of Glacier Bay National 
Park and Preserve.
    (2) The director will publish a document in the Federal Register on 
any revision in the number of seasonal entries and use days under this 
paragraph (b)(2)(v), with an opportunity for public comment.
    (B) By October 1, 1997, the superintendent will determine, with the 
director's approval, whether studies have been completed and sufficient 
scientific and other information has been developed to support an 
increase in cruise ship entries for the 1998 summer season (June 1 
through August 31) while assuring protection of the values and purposes 
of Glacier Bay National Park and Preserve. Any increase will be subject 
to the maximum daily limit of two vessel use-days. If the superintendent 
recommends an increase, the superintendent will publish a document of 
the increase in the Federal Register with an opportunity for public 
comments.
    (C) By October 1 of each year (beginning in 1998), the 
superintendent will determine, with the director's approval, the number 
of cruise ship entries for the following summer season (June 1 through 
August 31). This determination will be based upon available scientific 
and other information and applicable authorities. The number will be 
subject to the maximum daily limit of two vessel use-days. The 
superintendent will publish a document of any revision in seasonal 
entries in the Federal Register with an opportunity for public comment.

[[Page 192]]

    (D) Nothing in this paragraph will be construed to prevent the 
superintendent from taking any action at any time to assure protection 
of the values and purposes of Glacier Bay National Park and Preserve.
    (3) Operating restrictions. (i) Operating a vessel within one-
quarter nautical mile of a whale is prohibited, except for a commercial 
fishing vessel actually trolling or setting or pulling long lines or 
crab pots as otherwise authorized by the superintendent.
    (ii) The operator of a vessel accidentally positioned within one-
quarter nautical mile of a whale shall immediately slow the vessel to 
ten knots or less, without shifting into reverse unless impact is 
likely. The operator shall then direct or maintain the vessel on as 
steady a course as possible away from the whale until at least one-
quarter nautical mile of separation is established. Failure to take such 
action is prohibited.
    (iii) Pursuing or attempting to pursue a whale is prohibited.
    (iv) Whale water restrictions. (A) May 15 through August 31, the 
following Glacier Bay waters are designated as whale waters.
    (1) Lower bay waters, defined as waters north of an imaginary line 
drawn from Point Carolus to Point Gustavus; and south of an imaginary 
line drawn from the northernmost point of Lars Island across the 
northernmost point of Strawberry Island to the point where it intersects 
the line that defines the Beardslee Island group, as described in 
paragraph (b)(3)(vii)(A)(4) of this section, and following that line 
south and west to the Bartlett Cove shore.
    (2) [Reserved]
    (B) June 1 through August 31, the following Glacier Bay waters are 
designated as whale waters.
    (1) Whidbey Passage waters, defined as waters north of an imaginary 
line drawn from the northernmost point of Lars Island to the 
northernmost point of Strawberry Island; west of imaginary lines drawn 
from the northernmost point of Strawberry Island to the southernmost 
point of Willoughby Island, the northernmost point of Willoughby Island 
(proper) to the southernmost point of Francis Island, the northernmost 
point of Francis Island to the southernmost point of Drake Island; and 
south of the northernmost point of Drake Island to the northernmost 
point of the Marble Mountain peninsula.
    (2) East Arm Entrance waters, defined as waters north of an 
imaginary line drawn from the southernmost point of Sebree Island to the 
northernmost point of Sturgess Island, and from there to the westernmost 
point of the unnamed island south of Puffin Island (that comprises the 
south shore of North Sandy Cove); and south of an imaginary line drawn 
from Caroline Point across the northernmost point of Garforth Island to 
shore.
    (3) Russell Island Passage waters, defined as waters enclosed by 
imaginary lines drawn from: the easternmost point of Russell Island due 
east to shore, and from the westernmost point of Russell Island due 
north to shore.
    (C) The superintendent may designate temporary whale waters and 
impose motor vessel speed restrictions in whale waters. Maps of 
temporary whale waters and notice of vessel speed restrictions imposed 
pursuant to this paragraph (b)(3)(iv)(C) shall be made available to the 
public at park offices at Bartlett Cove and Juneau, Alaska, and shall be 
submitted to the U.S. Coast Guard for publication as a ``Notice to 
Mariners.''
    (D) Violation of a whale water restriction is prohibited. The 
following restrictions apply in designated whale waters:
    (1) Except on vessels actually fishing as otherwise authorized the 
superintendent or vessels operating solely under sail, while in transit, 
operators of motor vessels over 18 feet in length will in all cases 
where the width of the water permits, maintain a distance of at least 
one nautical mile from shore, and, in narrower areas will navigate in 
mid-channel: Provided, however, that unless other restrictions apply, 
operators may perpendicularly approach or land on shore (i.e., by the 
most direct line to shore) through designated whale waters.
    (2) Motor vessel speed limits established by the superintendent 
pursuant to paragraph (b)(3)(iv)(C) of this section.

[[Page 193]]

    (v) Speed restrictions. (A) May 15 through August 31, in the waters 
of the lower bay as defined in paragraph (b)(3)(iv)(A)(1) of this 
section, the following are prohibited:
    (1) Operating a motor vessel at more than 20 knots speed through the 
water; or
    (2) Operating a motor vessel at more than 10 knots speed through the 
water, when the superintendent has designated a maximum speed of 10 
knots (due to the presence of whales).
    (B) July 1 through August 31, operating a motor vessel on Johns 
Hopkins Inlet south of 58 deg.54.2'N. latitude (an imaginary line 
running approximately due west from Jaw Point) at more than 10 knots 
speed through the water is prohibited.
    (vi) Closed waters, islands and other areas. The following are 
prohibited:
    (A) Operating a vessel or otherwise approaching within 100 yards of 
South Marble Island; or Flapjack Island; or any of the three small 
unnamed islets approximately one nautical mile southeast of Flapjack 
Island; or Eider Island; or Boulder Island; or Geikie Rock; or Lone 
Island; or the northern three-fourths of Leland Island (north of 
58 deg.39.1'N. latitude; or any of the four small unnamed islands 
located approximately one nautical mile north (one island), and 1.5 
nautical miles east (three islands) of the easternmost point of Russell 
Island; or Graves Rocks (on the outer coast); or Cormorant Rock, or any 
adjacent rock, including all of the near-shore rocks located along the 
outer coast, for a distance of 1\1/2\ nautical miles, southeast from the 
mouth of Lituya Bay; or the surf line along the outer coast, for a 
distance of 1\1/2\ nautical miles northwest of the mouth of the glacial 
river at Cape Fairweather.
    (B) Operating a vessel or otherwise approaching within 100 yards of 
a Steller (northern) sea lion (Eumetopias jubatus) hauled-out on land or 
a rock or a nesting seabird colony: Provided, however, that vessels may 
approach within 50 yards of that part of South Marble Island lying south 
of 58 deg.38.6'N. latitude (approximately the southern one-half of South 
Marble Island) to view seabirds.
    (C) May 1 through August 31, operating a vessel, or otherwise 
approaching within \1/4\ nautical mile of, Spider Island or any of the 
four small islets lying immediately west of Spider Island.
    (D) May 1 through August 31, operating a cruise ship on Johns 
Hopkins Inlet waters south of 58 deg.54.2'N. latitude (an imaginary line 
running approximately due west from Jaw Point).
    (E) May 1 through June 30, operating a vessel or a seaplane on Johns 
Hopkins Inlet waters south of 58 deg.54.2'N. latitude (an imaginary line 
running approximately due west from Jaw Point).
    (F) July 1 through August 31, operating a vessel or a seaplane on 
Johns Hopkins Inlet waters south of 58 deg.54.2'N. latitude (an 
imaginary line running approximately due west from Jaw Point), within 
\1/4\ nautical mile of a seal hauled out on ice; except when safe 
navigation requires, and then with due care to maintain the \1/4\ 
nautical mile distance from concentrations of seals.
    (G) Restrictions imposed in this paragraph (b)(3)(vi) are minimum 
distances. Park visitors are advised that protection of park wildlife 
may require that visitors maintain greater distances from wildlife. See, 
36 CFR 2.2 (Wildlife protection).
    (vii) Closed waters, motor vessels and seaplanes. (A) May 1 through 
September 15, operating a motor vessel or a seaplane on the following 
water is prohibited:
    (1) Adams Inlet, east of 135 deg.59.2'W. longitude (an imaginary 
line running approximately due north and south through the charted (5) 
obstruction located approximately 2\1/4\ nautical miles east of Pt. 
George).
    (2) Rendu Inlet, north of the wilderness boundary at the mouth of 
the inlet.
    (3) Hugh Miller complex, including Scidmore Bay and Charpentier 
Inlet, west of the wilderness boundary at the mouth of the Hugh Miller 
Inlet.
    (4) Waters within the Beardslee Island group (except the Beardslee 
Entrance), that is defined by an imaginary line running due west from 
shore to the easternmost point of Lester Island, then along the south 
shore of Lester Island to its western end, then

[[Page 194]]

to the southernmost point of Young Island, then north along the west 
shore and east along the north shore of Young Island to its northernmost 
point, then at a bearing of 15 deg. true to an imaginary point located 
one nautical mile due east of the easternmost point of Strawberry 
Island, then at a bearing of 345 deg. true to the northernmost point of 
Flapjack Island, then at a bearing of 81 deg. true to the northernmost 
point of the unnamed island immediately to the east of Flapjack Island, 
then southeasterly to the northernmost point of the next unnamed island, 
then southeasterly along the (Beartrack Cove) shore of that island to 
its easternmost point, then due east to shore.
    (B) June 1 through July 15, operating a motor vessel or a seaplane 
on the waters of Muir Inlet north of 59 deg.02.7'N. latitude (an 
imaginary line running approximately due west from the point of land on 
the east shore approximately 1 nautical mile north of the McBride 
Glacier) is prohibited.
    (C) July 16 through August 31, operating a motor vessel or a 
seaplane on the waters of Wachusett Inlet west of 136 deg.12.0'W 
longitude (an imaginary line running approximately due north from the 
point of land on the south shore of Wachusett Inlet approximately 2\1/4\ 
nautical miles west of Rowlee Point) is prohibited.
    (viii) Noise restrictions. June 1 through August 31, except on 
vessels in transit or as otherwise permitted by the superintendent, the 
use of generators or other non-propulsive motors (except a windless) is 
prohibited from 10:00 p.m. until 6:00 a.m. in Reid Inlet, Blue Mouse 
Cove and North Sandy Cove.
    (ix) Other restrictions. Notwithstanding any other provision of this 
part, due to the rapidly emerging and changing ecosystems of, and for 
the protection of wildlife in Glacier Bay National Park and Preserve, 
including but not limited to whales, seals, sea lions, nesting birds and 
molting waterfowl:
    (A) Pursuant to Secs. 1.5 and 1.6 of this chapter, the 
superintendent may establish, designate, implement and enforce 
restrictions and public use limits and terminate such restrictions and 
public use limits.
    (B) The public shall be notified of restrictions or public use 
limits imposed under this paragraph (b)(3)(ix) and the termination or 
relaxation of such, in accordance with Sec. 1.7 of this chapter, and by 
submission to the U.S. Coast Guard for publication as a ``Notice to 
Mariners,'' where appropriate.
    (C) The superintendent shall make rules for the safe and equitable 
use of Bartlett Cove waters and for park docks. The public shall be 
notified of these rules by the posting of a sign or a copy of the rules 
at the dock. Failure to obey a sign or posted rule is prohibited.
    (x) Closed waters and islands within Glacier Bay as described in 
paragraphs (b)(3) (iv) through (vii) of this section are described as 
depicted on NOAA Chart #17318 GLACIER BAY (4th Ed., Mar. 6/93) available 
to the public at park offices at Bartlett Cove and Juneau, Alaska.
    (xi) Paragraphs (b)(3) (i) through (iii) of this section do not 
apply to a vessel being used in connection with federally permitted 
whale research or monitoring; other closures and restrictions in this 
paragraph (b)(3) do not apply to authorized persons conducting emergency 
or law enforcement operations, research or resource management, park 
administration/supply, or other necessary patrols.
    (4) Marine vessel visible emission standards. Visible emissions from 
a marine vessel, excluding condensed water vapor, may not result in a 
reduction of visibility through the exhaust effluent of greater than 20 
percent for a period or periods aggregating more than:
    (i) Three minutes in any one hour while underway, at berth, or at 
anchor; or
    (ii) Six minutes in any one hour during initial startup of diesel-
driven vessels; or
    (iii) 12 minutes in one hour while anchoring, berthing, getting 
underway or maneuvering in Bartlett Cove.
    (5) Restricted commercial fishing harvest. Fishing for, or retaining 
if accidentally caught, herring (Clupea), capeline (Mallotus), sandlance 
(Ammodytes), pollock (Theragra), euphausids (Thalasia), or shrimp 
(Pandalus and Pandalopsis) within Glacier Bay is prohibited.

[[Page 195]]

    (6) Trawling within Glacier Bay is prohibited.
    (7) The information collection requirements contained in paragraph 
(b)(3) of this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3507 and assigned Clearance Number 1024-0016. 
The information is being collected to allow the superintendent to issue 
permits to allow vessels into Glacier Bay during the whale season. This 
information will be used to grant administrative benefits.

[50 FR 19886, May 10, 1985, as amended at 61 FR 27016, May 30, 1996]



Sec. 13.66  Katmai National Park and Preserve.

    (a) [Reserved]
    (b) Fishing. Fishing is allowed in accordance with Sec. 13.21 of 
this chapter, but only with artificial lures and with the following 
additional exceptions:
    (1) Bait, as defined by State law, may be used only on the Naknek 
River during times and dates established by the Alaska Department of 
Fish and Game, and only from markers located just above Trefon's cabin 
downstream to the park boundary.
    (2) Flyfishing only is allowed on the Brooks River between Brooks 
Lake and the posted signs near Brooks Camp.
    (3) No person may retain more than one fish per day caught on Brooks 
River, on the waters between the posted signs 200 yards from the outlet 
of Brooks lake, or on the water between the posted signs 200 yards from 
the mouth of the Brooks River on Naknek Lake.

[54 FR 18493, May 1, 1989]



Sec. 13.67  Kenai Fjords National Park.

    (a) Subsistence. Subsistence uses are prohibited in, and the 
provisions of Subpart B of this part shall not apply to, Kenai Fjords 
National Park.



Sec. 13.68  Klondike Gold Rush National Historical Park.

    (a) Camping. Camping is permitted only in designated areas.



Sec. 13.69  Kobuk Valley National Park.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Kobuk Valley National 
Park:

Ambler
Kiana
Kobuk
Kotzebue
Noorvik
Selawik
Shungnak

    (2) Customary Trade. In addition to the exchange of furs for cash, 
``customary trade'' in Kobuk Valley National Park shall include the 
selling of handicraft articles made from plant material taken by local 
rural residents of the park area.



Sec. 13.70  Lake Clark National Park and Preserve.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Lake Clark National 
Park:

Iliamna
Lime Village
Newhalen
Nondalton
Pedro Bay
Port Alsworth



Sec. 13.71  Noatak National Preserve. [Reserved]



Sec. 13.72  Sitka National Historical Park.

    (a) Camping. Overnight camping is prohibited.



Sec. 13.73  Wrangell-St. Elias National Park and Preserve.

    (a) Subsistence--(1) Resident Zone. The following communities and 
areas are included within the resident zone for Wrangell-St. Elias 
National Park:

Chisana
Chistochina
Chitina
Copper Center
Gakona
Gakona Junction
Glennallen
Gulkana
Kenny Lake
Lower Tonsina
McCarthy
Mentasta Lake
Nabesna
Slana
Tazlina
Tok
Tonsina
Yakutat


[[Page 196]]


    (2) Aircraft Use. In extraordinary cases where no reasonable 
alternative exists local rural residents who permanently reside in the 
following exempted community(ies) may use aircraft for access to lands 
and waters within the park for subsistence purposes in accordance with a 
permit issued by the Superintendent:

Yakutat (for access to the Malaspina Forelands Area only)



Sec. 13.74  Yukon Charley Rivers National Preserve. [Reserved]



             Subpart D--Special Visitor Services Regulations

    Source: 61 FR 54339, Oct. 18, 1996, unless otherwise noted.



Sec. 13.80  Applicability and scope.

    (a) Except as otherwise provided for in this section, the 
regulations contained in this part apply to visitor services provided 
within all national park areas in Alaska.
    (b) The rights granted by this subpart to historical operators, 
preferred operators, and Cook Inlet Region, Incorporated are not 
exclusive. The Director may authorize other persons to provide visitor 
services on park lands. Nothing in this subpart shall require the 
Director to issue a visitor services authorization if not otherwise 
mandated by statute to do so. Nothing in this subpart shall authorize 
the Director to issue a visitor services authorization to a person who 
is not capable of carrying out its terms and conditions in a 
satisfactory manner.
    (c) This subpart does not apply to the guiding of sport hunting or 
sport fishing.



Sec. 13.81  Definitions.

    The following definitions apply to this subpart:
    (a) Best offer means a responsive offer that best meets, as 
determined by the Director, the selection criteria contained in a 
competitive solicitation for a visitor services authorization.
    (b) Controlling interest means, in the case of a corporation, an 
interest, beneficial or otherwise, of sufficient outstanding voting 
securities or capital of the business so as to permit the exercise of 
managerial authority over the actions and operations of the corporation 
or election of a majority of the board of directors of the corporation. 
Controlling interest in the case of a partnership, limited partnership, 
joint venture, or individual entrepreneurship, means a beneficial 
ownership of or interest in the entity or its capital so as to permit 
the exercise of managerial authority over the actions and operations of 
the entity. In other circumstances, controlling interest means any 
arrangement under which a third party has the ability to exercise 
management authority over the actions or operations of the business.
    (c) Director means the Director of the National Park Service or an 
authorized representative.
    (d) Historical operator, except as otherwise may be specified by a 
statute other than ANILCA, means the holder of a valid written 
authorization from the Director to provide visitor services within a 
park area that:
    (1) On or before January 1, 1979, was lawfully engaged in adequately 
providing such visitor services in the applicable park area;
    (2) Has continued, as further defined in Sec. 13.82, to lawfully 
provide that visitor service since January 1, 1979, without a change in 
controlling interest; and
    (3) Is otherwise determined by the Director to have a right to 
continue to provide such services or similar services pursuant to 
Sec. 13.82.
    (e) Local area means an area in Alaska within 100 miles of the 
location within the park area where any of the applicable visitor 
services is authorized to be provided.
    (f) Local resident means:
    (1) For individuals. Those individuals who have lived within the 
local area for 12 consecutive months before issuance of a solicitation 
of offers for a visitor services authorization for a park area and who 
maintain their primary, permanent residence and business within the 
local area and whenever absent from this primary, permanent residence, 
have the intention of returning to it. Factors demonstrating the 
location of an individual's primary, permanent residence and business 
may

[[Page 197]]

include, but are not limited to, the permanent address indicated on 
licenses issued by the State of Alaska, tax returns and voter 
registration.
    (2) For corporations. A corporation in which the controlling 
interest is held by an individual or individuals who qualify as local 
resident(s) within the meaning of this subpart. For non-profit 
corporations a majority of the board members and a majority of the 
officers must qualify individually as local residents.
    (g) Native Corporation means the same as defined in section 102(6) 
of ANILCA.
    (h) Preferred operator means a Native Corporation that is determined 
under Sec. 13.85 to be ``most directly affected'' by the establishment 
or expansion of a park area by ANILCA, or a local resident as defined in 
this subpart.
    (i) Responsive offer is one that is timely received and meets the 
terms and conditions of a solicitation for a visitor services 
authorization.
    (j) Visitor services authorization is a written authorization from 
the Director to provide visitor services in a park area. Such 
authorization may be in the form of a concession permit, concession 
contract, or other document issued by the Director under National Park 
Service policies and procedures.



Sec. 13.82  Historical operators.

    (a) A historical operator will have a right to continue to provide 
visitor services in a park area under appropriate terms and conditions 
contained in a visitor services authorization issued by the Director as 
long as such services are determined by the Director to be consistent 
with the purposes for which the park area was established. A historical 
operator may not operate without such an authorization. The 
authorization will be for a fixed term. Failure to comply with the terms 
and conditions of the authorization will result in cancellation of the 
authorization and consequent loss of historical operator rights under 
this subpart.
    (b) Nothing in this subpart will prohibit the Director from 
permitting persons in addition to historical operators to provide 
visitor services in park areas at the Director's discretion as long as 
historical operators are permitted to conduct a scope and level of 
visitor services equal to those provided before January 1, 1979, under 
terms and conditions consistent with this subpart. A historical operator 
may be permitted by the Director under separate authority to increase 
the scope or level of visitor services provided prior to January 1, 
1979, but no historical operating rights will be obtained in such 
increase.
    (c) If a historical operator applies for a visitor services 
authorization in the form of a joint venture, the application will not 
be considered as validly made unless the historical operator 
demonstrates, to the satisfaction of the Director, that it has the 
controlling interest in the joint venture.
    (d) A historical operator may apply to the Director for an 
authorization or amended authorization to provide visitor services 
similar to those it provided before January 1, 1979. The Director will 
grant the request if such visitor services are determined by the 
Director to be:
    (1) Consistent with the protection of park resources and the 
purposes for which the park area was established;
    (2) Similar in kind and scope to the visitor services provided by 
the historical operator before January 1, 1979; and
    (3) Consistent with the legal rights of any other person.
    (e) When a historical operator's visitor services authorization 
expires, and if the applicable visitor services continue to be 
consistent with the purposes for which the park area was established as 
determined by the Director, the Director will offer to renew the 
authorization for a fixed term under such new terms and conditions as 
the Director determines are in the public interest.
    (f) If the Director determines that authorized visitor services must 
be curtailed or reduced in scope, level, or season to protect park 
resources, or for other purposes, the Director will require the 
historical operator to make such changes in visitor services. If more 
than one historical operator providing the same type of visitor services 
is required to have those services curtailed, the Director will 
establish a

[[Page 198]]

proportionate reduction of visitor services among all such historical 
operators, taking into account historical operating levels and other 
appropriate factors so as to achieve a fair curtailment of visitor 
services among the historical operators. If the level of visitor 
services must be so curtailed that only one historical operator feasibly 
may continue to provide the visitor services, the Director will select 
one historical operator to continue to provide the curtailed visitor 
services through a competitive selection process.
    (g) Any of the following will result in loss of historical operator 
status:
    (1) Revocation of an authorization for historic types and levels of 
visitor services for failure to comply with the terms and conditions of 
the authorization.
    (2) A historical operator's declination of a renewal of the 
authorization made pursuant to paragraph (d) of this section.
    (3) A change in the controlling interest of the historical operator 
through sale, assignment, devise, transfer, or by any other means, 
direct or indirect. A change in the controlling interest of a historical 
operator that results only in the acquisition of the controlling 
interest by an individual or individuals who were personally engaged in 
the visitor services activities of the historical operator before 
January 1, 1979, will not be deemed a change in the historical 
operator's controlling interest for the purposes of this subpart.
    (4) A historical operator's failure to provide the authorized 
services for more than 24 consecutive months.
    (h) The Director may authorize other persons to provide visitor 
services in a park area in addition to historical operators.

    Effective Date Note: At 61 FR 54340, Oct. 18, 1996, Sec. 13.82 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 13.83  Preferred operators.

    (a) In selecting persons to provide visitor services for a park 
area, the Director will, if the number of visitor services 
authorizations is to be limited, give a preference (subject to any 
rights of historical operators or CIRI under this subpart) to preferred 
operators determined qualified to provide such visitor services.
    (b) In such circumstances, the Director will publicly solicit 
competitive offers for persons to apply for a visitor services 
authorization, or the renewal of such an authorization, to provide such 
visitor services pursuant to 36 CFR part 51 and/or other National Park 
Service procedures. All offerors, including preferred operators, must 
submit a responsive offer to the solicitation in order to be considered 
for the authorization. If the best offer from a preferred operator is at 
least substantially equal to the best offer from a non-preferred 
operator, the preferred operator will receive authorization. If an offer 
from a person besides a preferred operator is determined to be the best 
offer (and no preferred operator submits a responsive offer that is 
substantially equal to it), the preferred operator who submitted the 
best offer from among the offers submitted by preferred operators will 
be given the opportunity, by amending its offer, to meet the terms and 
conditions of the best offer received. If the amended offer of such a 
preferred operator is considered by the Director as at least 
substantially equal to the best offer, the preferred operator will 
receive the visitor service authorization. If a preferred operator does 
not amend its offer to meet the terms and conditions of the best offer, 
the Director will issue the authorization to the person who submitted 
the best offer in response to the solicitation.
    (c) The Native Corporation(s) determined to be ``most directly 
affected'' under this subpart and local residents have equal preference. 
The rights of preferred operators under this section take precedence 
over the right of preference that may be granted to existing 
satisfactory National Park Service concessioners pursuant to the 
Concessions Policy Act (16 U.S.C. 20) and its implementing regulations 
and procedures, but do not take precedence over the rights of historical 
operators or CIRI as described in this subpart.
    (d) An offer from a preferred operator under this subpart, if the 
offer is in the

[[Page 199]]

form of a joint venture, will not be considered valid unless it 
documents to the satisfaction of the Director that the preferred 
operator holds the controlling interest in the joint venture.
    (e) Nothing in this subpart will prohibit the Director from 
authorizing persons besides preferred operators to provide visitor 
services in park areas as long as the procedures described in this 
section have been followed. Preferred operators are not entitled by this 
section to provide all visitor services in a park area.
    (f) The preferences described in this section may not be sold, 
assigned, transferred or devised, directly or indirectly.

    Effective Date Note: At 61 FR 54340, Oct. 18, 1996, Sec. 13.83 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 13.84  Preference to Cook Inlet Region, Incorporated.

    (a) The Cook Inlet Region, Incorporated (CIRI), in cooperation with 
village corporations within the Cook Inlet region when appropriate, will 
have a right of first refusal to provide new visitor services within 
that portion of Lake Clark National Park and Preserve that is within the 
boundaries of the Cook Inlet region. In order to exercise this right of 
first refusal, the National Park Service will publicly solicit 
competitive offers for the visitor services authorization pursuant to 36 
CFR part 51 or other applicable National Park Service procedures. CIRI 
must submit a responsive offer within 90 days of such solicitation. If 
CIRI makes such an offer and is determined by the Director to be capable 
of carrying out the terms and conditions of the visitor services 
authorization, it will receive the authorization. If it does not, the 
authorization may be awarded to another person pursuant to usual 
National Park Service policies and procedures if otherwise appropriate.
    (b) The CIRI right of first refusal will have precedence over the 
rights of preferred operators. An offer from CIRI under this section, if 
the offer is in the form of a joint venture, will not be considered 
valid unless it demonstrates to the satisfaction of the Director that 
CIRI has a controlling interest in the joint venture.
    (c) The CIRI right of first refusal may not be sold, transferred, 
devised or assigned, directly or indirectly.

    Effective Date Note: At 61 FR 54341, Oct. 18, 1996, Sec. 13.84 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 13.85  Most directly affected Native Corporation.

    (a) Before the award of the first visitor service authorization in a 
park area to be made after the effective date of this subpart, the 
Director will provide an opportunity for any Native Corporation 
interested in providing visitor services within the applicable park area 
to submit an application to the superintendent to be determined the 
Native Corporation most directly affected by the establishment or 
expansion of the park area by or under the provisions of ANILCA. An 
application from an interested Native Corporation will include the 
following information:
    (1) Name, address, and phone number of the Native Corporation; date 
of incorporation; its articles of incorporation and structure;
    (2) Location of the corporation's population center or centers; and
    (3) An assessment of the socioeconomic impacts, including historical 
and traditional use and land-ownership patterns and their effects on the 
Native Corporation as a result of the expansion or establishment of the 
applicable park area by ANILCA.
    (4) Any additional information the Native Corporation considers 
relevant or the Director may reasonably require.
    (b) Upon receipt of all applications from interested Native 
Corporations, the Director will determine the ``most directly affected'' 
Native Corporation considering the following factors:
    (1) Distance and accessibility from the corporation's population 
center and/or business address to the applicable park area; and

[[Page 200]]

    (2) Socioeconomic impacts, including historical and traditional use 
and landownership patterns, on Native Corporations and their effects as 
a result of the expansion or establishment of the applicable park area; 
and
    (3) Information provided by Native Corporations and other 
information considered relevant by the Director to the particular facts 
and circumstances of the effects of the establishment or expansion of 
the applicable park area.
    (c) In the event that more than one Native Corporation is determined 
to be equally affected within the meaning of this section, each such 
Native Corporation will be considered as a preferred operator under this 
subpart.
    (d) The Director's most directly affected Native Corporation 
determination applies to the award of all future visitor service 
authorizations for the applicable park area. However, a Native 
Corporation that did not apply for this determination in connection with 
an earlier visitor services authorization may apply for a determination 
that it is an equally affected Native Corporation for the applicable 
park area in connection with a later visitor services authorization. 
Such subsequent applications must contain the information required by 
paragraph (a) of this section, and must be made in a timely manner as 
described by the Director in the applicable solicitation document so as 
not to delay the consideration of offers for the visitor services 
authorization.

    Effective Date Note: At 61 FR 54341, Oct. 18, 1996, Sec. 13.85 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 13.86  Appeal procedures.

    An appeal of the denial of rights with respect to providing visitor 
services under this subpart may be made to the next higher level of 
authority. Such an appeal must be submitted in writing within 30 days of 
receipt of the denial. Appeals must set forth the facts and 
circumstances that the appellant believes support the appeal. The 
appellant may request an informal meeting to discuss the appeal with the 
National Park Service. After consideration of the materials submitted by 
the appellant and the National Park Service record of the matter, and 
meeting with the appellant if so requested, the Director will affirm, 
reverse, or modify the denial appealed and will set forth in writing the 
basis of the decision. A copy of the decision will be forwarded to the 
appellant and will constitute the final administrative decision in the 
matter. No person will be considered to have exhausted administrative 
remedies with respect to a denial of rights to provide visitor services 
under this subpart until a final administrative decision has been made 
pursuant to this section.



Sec. 13.87  Information collection.

    (a) The information collection requirements contained in this part 
have received emergency approval from the Office of Management and 
Budget under 44 U.S.C. 3507, et seq., for the basic contracting program 
under OMB clearance number 1024-0125. The information is being collected 
as part of the process of reviewing the procedures and programs of State 
and local governments participating in the national historic 
preservation program. The information will be used to evaluate those 
procedures and programs. The obligation to respond is required to obtain 
a benefit.
    (b) The public reporting burden for the collection of information is 
estimated to be 480 hours for large operations and 240 hours for small 
operations, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed and 
completing and reviewing the collection of information, including 
suggestions for reducing the burden, to Information Collection Officer, 
National Park Service, 800 North Capitol Street, Washington, D.C. 20013; 
and the Office of Management and Budget, Office of Information and 
Regulatory Affairs, Attention: Desk Officer for the Department of the 
Interior (1024-0125), Washington, D.C. 20503.

[[Page 201]]



PART 14--RIGHTS-OF-WAY--Table of Contents




                    Subpart A--Rights-of-Way: General

Sec.
14.1  Applicability.
14.2  Definitions.

                      Subpart B--Nature of Interest

14.5  Nature of interest granted; settlement on right-of-way; rights of 
          ingress and egress.
14.6  In form of easement, license, or permit.
14.7  Right of ingress and egress to a primary right-of-way.
14.8  Unauthorized occupancy.
14.9  Terms and conditions.
14.10  Areas of National Park System.

                          Subpart C--Procedures

14.20  Application.
14.21  Form.
14.22  Reimbursement of costs.
14.23  Showing as to organizations required of corporations.
14.24  Showing as to citizenship required.
14.25  Documents which must accompany application.
14.26  Payment required; exceptions; default; revision of charges.
14.27  Application and use procedure.
14.28  Incomplete application and reports.
14.29  Timely construction.
14.30  Nonconstruction, abandonment or nonuse.
14.31  Deviation from approved right-of-way.
14.32  Revocation or cancellation.
14.33  Order of cancellation.
14.34  Change in jurisdiction over lands.
14.35  Transfer of right-of-way.
14.36  Method of filing.
14.37  Reimbursement of costs.
14.38  Disposal of property on termination of right-of-way.

   Subpart D--Under Title 23, U.S.C. (Interstate and Defense Highway 
                                 System)

14.50  Authority.
14.51  Extent of grant.
14.52  Termination of right-of-way no longer needed.
14.53  Application.
14.54  General.
14.55  Consultation with local bureau officials, program values.
14.56  Concurrence by Federal Highway Administration.
14.57  Approval.
14.58  Terms and conditions of allowance.
14.59  Additional rights-of-way within highway rights-of-way.
14.60  General.
14.61  Terms of grant.

              Subpart E--Power Transmission Lines, General

14.70  Statutory authority.
14.71  Lands subject to grant.

     Subpart F--Principles and Procedures, Power Transmission Lines

14.75  Nature of interest.
14.76  Terms and conditions.
14.77  Procedures. [Reserved]
14.78  Applications.

                  Subpart G--Radio and Television Sites

14.90  Authority.
14.91  Procedures.

                Subpart H--Telephone and Telegraph Lines

14.95  Authority.
14.96  Procedures.

Appendix A to part 14

    Authority: 16 U.S.C. 5, 79; 23 U.S.C. 317.

    Source: 45 FR 47092, July 11, 1980, unless otherwise noted.



                    Subpart A--Rights-of-Way: General



Sec. 14.1  Applicability.

    The regulations contained in this part shall apply to all Federally 
owned or controlled lands administered by the National Park Service.



Sec. 14.2  Definitions.

    (a) Secretary means the Secretary of the Interior.
    (b) Director means the Director, National Park Service.
    (c) Authorized Officer means the Superintendent.
    (d) Superintendent means the person in charge of an area of the 
National Park System or his or her duly authorized representative.
    (e) Project means the physical structures in connection with which 
the right-of-way is approved.
    (f) Construction work means any and all work, whether of a permanent 
nature, done in the construction of the project.
    (g) Park means any federally owned or controlled land within an area 
of the National Park System.
    (h) Right-of-Way includes license, permit, or easement, as the case 
may

[[Page 202]]

be, and, where applicable, includes ``site''.

[45 FR 47092, July 11, 1980, as amended at 60 FR 55791, Nov. 3, 1995]



                      Subpart B--Nature of Interest



Sec. 14.6  Nature of interest granted; settlement on right-of-way; rights of ingress and egress.



Sec. 14.6  In form of easement, license, or permit.

    No interest granted by the regulations in this part shall give the 
holder thereof any estate of any kind in fee in the lands. The interest 
granted shall consist of an easement, license, or permit in accordance 
with the terms of the applicable statute; no interest shall be greater 
than a permit revocable at the discretion of the authorized officer 
unless the applicable statute provides otherwise. Unless a specific 
statute or regulation provides otherwise, no interest granted shall give 
the grantee any right whatever to take from the public lands or 
reservations any material, earth, or stone for construction or other 
purpose, but stone and earth necessarily removed from the right-of-way 
in the construction of a project may be used elsewhere along the same 
right-of-way in the construction of the same project.



Sec. 14.7  Right of ingress and egress to a primary right-of-way.

    In order to facilitate the use of a right-of-way granted or applied 
for under the regulations of this part, the authorized officer may grant 
to the holder of or applicant for such right-of-way an additional right-
of-way for ingress and egress to the primary right-of-way, including the 
right to construct, operate, and maintain such facilities as may be 
necessary for ingress and egress. The holder or applicant may obtain 
such additional right-of-way only over lands for which the authorized 
officer has authority to grant a right-of-way of the type represented by 
the primary right-of-way held or requested by the applicant. He must 
comply with the same provisions of the regulations applicable to his 
primary right-of-way with respect to the form of and place of filing his 
application for an additional right-of-way, the filing of maps and other 
information, and the payment of rental charges for the use of the 
additional right-of-way. He must also present satisfactory evidence that 
the additional right-of-way is reasonably necessary for the use, 
operation, or maintenance of the primary right-of-way.



Sec. 14.8  Unauthorized occupancy.

    Any occupancy or use of the lands of the United States without 
authority will subject the person occupying or using the land to 
prosecution and liability for trespass.



Sec. 14.9  Terms and conditions.

    An applicant, by accepting a right-of-way, agrees and consents to 
comply with and be bound by the following terms and conditions, 
excepting those which the Secretary may waive in a particular case:
    (a) To comply with State and Federal laws applicable to the project 
for which the right-of-way is approved, and to the lands which are 
included in the right-of-way, and lawful existing regulations 
thereunder.
    (b) To clear and keep clear the lands within the right-of-way to the 
extent and in the manner directed by the superintendent; and to dispose 
of all vegetative and other material cut, uprooted, or otherwise 
accumulated during the construction and maintenance of the project in 
such manner as to decrease the fire hazard and also in accordance with 
such instructions as the superintendent may specify.
    (c) To take such soil and resource conservation and protection 
measures including weed control, on the land covered by the right-of-way 
as the superintendent may request.
    (d) To do everything reasonably within his power, both independently 
and on request of any duly authorized representative of the United 
States, to prevent and suppress fires on or near the lands to be 
occupied under the right-of-way, including making available such 
construction and maintenance forces as may be reasonably obtainable for 
the suppression of such fires.
    (e) To build and repair such roads, fences, and trails as may be 
destroyed

[[Page 203]]

or injured by construction work and to build and maintain necessary and 
suitable crossings for all roads and trails that intersect the works 
constructed, maintained, or operated under the right-of-way.
    (f) To pay the United States the full value for all damages to the 
lands or other property of the United States caused by him or by his 
employees, contractors, or employees of the contractors, and to 
indemnify the United States against any liability for damages to life, 
person or property arising from the occupancy or use of the lands under 
the right-of-way; except that where a right-of-way is granted hereunder 
to a state or other governmental agency whose power to assume liability 
by agreement is limited by law, such agency shall indemnify the United 
States as provided above to the extent that it may legally do so.
    (g) To notify promptly the superintendent of the amount of 
merchantable timber, if any, which will be cut, removed, or destroyed in 
the construction and maintenance of the project, and to pay the United 
States through such superintendent in advance of construction such sum 
of money as such superintendent may determine to be the full stumpage 
value of the timber to be so cut, removed, or destroyed.
    (h) To comply with such other specified conditions, within the scope 
of the applicable statute and lawful regulations thereunder, with 
respect to the occupancy and use of the lands as may be found by the 
National Park Service to be necessary as a condition to the approval of 
the right-of-way in order to render its use compatible with the public 
interest.
    (i) That upon revocation or termination of the right-of-way, unless 
the requirement is waived in writing, he shall, so far as it is 
reasonably possible to do so, restore the land to its original condition 
to the entire satisfaction of the superintendent.
    (j) That he shall at all times keep the authorized officer informed 
of his address, and, in case of corporations, of the address of its 
principal place of business and of the names and addresses of its 
principal officers.
    (k) That in the construction, operation, and maintenance of the 
project, he shall not discriminate against any employee or applicant for 
employment because of race, creed, color, or national origin and shall 
require an identical provision to be included in all subcontracts.
    (l) That the allowance of the right-of-way shall be subject to the 
express condition that the exercise thereof will not unduly interfere 
with the management and administration by the United States of the lands 
affected thereby, and that he agrees and consents to the occupancy and 
use by the United States, its grantees, permittees, or lessees of any 
part of the right-of-way not actually occupied or required by the 
project, or the full and safe utilization thereof, for necessary 
operations incident to such management, administration, or disposal.
    (m) That the right-of-way herein granted shall be subject to the 
express covenant that it will be modified, adapted, or discontinued if 
found by the Secretary to be necessary, without liability or expense to 
the United States, so as not to conflict with the use and occupancy of 
the land for any authorized works which may be hereafter constructed 
thereon under the authority of the United States.



Sec. 14.10  Areas of National Park System.

    (a) The Act of March 3, 1921 (41 Stat. 1353; 16 U.S.C. 797), 
provides that no right-of-way for dams, conduits, reservoirs, power 
houses, transmission lines, or other works for storage or carriage of 
water, or for the development, transmission, or utilization of power 
within the limits as then constituted of any national park or monument, 
shall be approved without the specific authority of Congress.
    (b) Pursuant to any statute, including those listed in this subpart, 
applicable to lands administered by the National Park Service, rights-
of-way over or through such lands will be issued by the Director of the 
National Park Service, or his delegate, under the regulations of this 
subpart.

[[Page 204]]



                          Subpart C--Procedures



Sec. 14.20  Application.



Sec. 14.21  Form.

    Application. The application shall be prepared and submitted in 
accordance with the requirements of this section. It should be in 
typewritten form or legible handwriting. It must specify that it is made 
pursuant to the regulations in this part and that the applicant agrees 
that the right-of-way if approved, will be subject to the terms and 
conditions of the applicable regulations contained in this part. It 
should also cite the act to be invoked and state the primary purposes 
for which the right-of-way is to be used. Applications shall be filed 
with the superintendent. If the right-of-way has been utilized without 
authority prior to the time the application is made, the application 
must state the date such utilization commenced and by whom, and the date 
the applicant alleges he obtained control of the improvements.



Sec. 14.22  Reimbursement of costs.

    (a)(1) An applicant for a right-of-way or a permit incident to a 
right-of-way shall reimburse the United States for administrative and 
other costs incurred by the United States in processing the application, 
including the preparation of reports and statements pursuant to the 
National Environmental Policy Act (42 U.S.C. 4321-4347), before the 
right-of-way or permit will be issued under the regulations of this 
part.
    (2) The regulations contained in this section do not apply to: (i) 
State or local governments or agencies or instrumentalities thereof 
where the lands will be used for governmental purposes and the lands and 
resources will continue to serve the general public; (ii) road use 
agreements or reciprocal road agreements; or (iii) Federal government 
agencies.
    (3) An applicant must submit with each application a nonreturnable 
payment in accordance with the following schedule:
    (i) Each right-of-way or permit incident to a right-of-way for 
crossing National Park System lands (e.g., for powerlines, pipelines, 
roads, and other linear facilities).

------------------------------------------------------------------------
                  Length                              Payments
------------------------------------------------------------------------
Less than 5 miles........................  $50 per mile or fraction
                                            thereof.
5 to 20 miles............................  $500.
20 miles and over........................  $500 for each 20 miles or
                                            fraction therof.
------------------------------------------------------------------------

    (ii) Each right-of-way or permit incident to a right-of-way, not 
included in paragraph (a)(3)(i) of this section (e.g., for communication 
sites, reservoir sites, plant sites, and other non-linear facilities)--
$250 for each 40 acres or fraction thereof.
    (iii) If a project has the features of paragraphs (a)(3) (i) and 
(ii) of this section in combination, the payment shall be the total of 
the amounts required by paragraphs (a)(3) (i) and (ii) of this section.
    (4) When an application is received, the authorized officer shall 
estimate the costs expected to be incurred by the United States in 
processing the application. If, in the judgment of the authorized 
officer, such costs will exceed the paragraph (a)(3) of this section, 
payment by an amount which is greater than the cost of maintaining 
actual cost records for the application review process, the authorized 
officer shall require the applicant to make periodic payments of the 
estimated reimbursable costs prior to the incurrence of such costs by 
the United States. Such payments may be refunded or adjusted as provided 
by paragraph (a)(8) of this section.
    (5) Prior to the issuance of any authorization for a right-of-way or 
permit incident to a right-of-way, the applicant will be required to pay 
additional amounts to the extent the costs of the United States have 
exceeded the payments required by paragraphs (a) (3) and (4) of this 
section.
    (6) An applicant whose application is denied shall be responsible 
for administrative and other costs incurred by the United States in 
processing its application, and such amounts as have not been paid in 
accordance with paragraphs (a) (3) and (4) of this section shall be due 
within thirty days of receipt of notice from the authorized officer of 
the amount due.
    (7) An applicant who withdraws its application before a decision is 
reached

[[Page 205]]

on it is responsible for costs incurred by the United States in 
processing such application up to the date upon which the authorized 
officer receives written notice of the withdrawal, and for costs 
subsequently incurred by the United States in terminating the 
application review process. Reimbursement of such costs shall be due 
within thirty days of receipt of notice from the authorized officer of 
the amount due.
    (8) If payment, as required by paragraphs (a)(4) and (b)(3) of this 
section exceeds actual costs to the United States, a refund may be made 
by the authorized officer from applicable funds, under authority of 43 
U.S.C. 1374, or the authorized officer may adjust the next billing to 
reflect the overpayment previously received. Neither an applicant nor a 
holder shall set off or otherwise deduct any debt due to or any sum 
claimed to be owed them by the United States without the prior written 
approval of the authorized officer.
    (9) The authorized officer shall on request give an applicant or a 
prospective applicant an estimate, based on the best available cost 
information, of the costs which would be incurred by the United States 
in processing an application. However, reimbursement will not be limited 
to the estimate of the authorized officer if actual costs exceed the 
projected estimate.
    (10) When two or more applications for rights-of-way are filed which 
the authorized officer determines to be in competition with each other, 
each shall reimburse the United States according to paragraphs (a) (3) 
through (7) of this section except that costs which are not readily 
identifiable with one of the applications, such as costs for an 
environmental impact statement on all the proposals, shall be paid by 
each of the applicants in equal shares.
    (11) The authorized officer may require an applicant to furnish 
security, in an amount acceptable to the authorized officer, by bond, 
guaranty, cash, certificate of deposit, or other means acceptable to the 
authorized officer, for costs under Sec. 14.22. The authorized officer 
may at any time, and from time to time, require such additional security 
or substitution of security as the authorized officer deems appropriate.
    (12) When an applicant for a right-of-way is a partnership, 
corporation, association, or other entity, and is owned or controlled, 
directly or indirectly, by one or more other entities, one or more of 
the owning or controlling entity or entities shall furnish security in 
an amount acceptable to the authorized officer, by bond, guaranty, cash, 
certificate of deposit or other means acceptable to the authorized 
officer, for costs under Sec. 14.22. The authorized officer may at any 
time, and from time to time, require such additional security or 
substitution of security as the authorized officer deems appropriate.
    (13) When through partnership, joint venture or other business 
arrangement, more than one person, partnership, corporation, association 
or other entity apply together for a right-of-way, each such applicant 
shall be jointly and severally liable for costs under Sec. 14.22.
    (14) When two or more noncompeting applications for rights-of-way 
are received for what, in the judgment of the authorized officer, is one 
right-of-way system, all the applicants shall be jointly and severally 
liable for costs under Sec. 14.22 for the entire system; subject, 
however, to the provisions of paragraphs (a) (11) through (13) of this 
section.
    (15) The regulations contained in Sec. 14.22 are applicable to all 
applications for rights-of-way or permits incident for rights-of-way 
over the public lands pending on June 1, 1975.
    (b)(1) After issuance of a right-of-way or permit incident to a 
right-of-way, the holder thereof shall reimburse the United States for 
costs incurred by the United States in monitoring the construction, 
operation, maintenance, and termination of authorized facilities on the 
right-of-way or permit area, and for protection and rehabilitation of 
the lands involved.
    (2) Each holder of a right-of-way or permit incident to a right-of-
way must submit within 60 days of the issuance thereof a nonreturnable 
payment in accordance with the following schedule:
    (i) Each right-of-way or permit incident to a right-of-way, for 
crossing National Park System lands (e.g., for powerlines, pipelines, 
roads, and other linear facilities).

[[Page 206]]



------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $20 per mile or fraction
                                            thereof.
5 to 20 miles............................  $200.
20 miles and over........................  $200 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------

    (ii) Each right-of-way or permit incident to a right-of-way, not 
included in paragraph (b)(2)(i) of this section (e.g., for communication 
sites, reservoir sites, plant sites, and other nonlinear facilities)--
$100 for each 40 acres or fraction thereof.
    (iii) If a project has the feature of paragraphs (b)(2) (i) and (ii) 
of this section in combination, the payment shall be the total of the 
amounts required by paragraphs (b)(2) (i) and (ii) of this section.
    (3) When a right-of-way or permit incident to a right-of-way is 
issued, the authorized officer shall estimate the costs, based on the 
best available cost information, expected to be incurred by the United 
States in monitoring holder activity. If such costs exceed the paragraph 
(b)(2) payment by an amount which is greater than the cost of 
maintaining actual cost records for the monitoring process, the 
authorized officer shall require the holder to make periodic payments of 
the estimated reimbursable costs prior to the incurrence of such costs 
by the United States. Such payments may be refunded or adjusted as 
provided by paragraph (a)(8) of this section.
    (4) Following termination of a right-of-way or permit incident to a 
right-of-way, the former holder will be required to pay additional 
amounts to the extent the actual costs incurred by the United States 
have exceeded the payments required by paragraphs (b) (2) and (3) of 
this section.



Sec. 14.23  Showing as to organizations required of corporations.

    (a) An application by a private corporation must be accompanied by a 
copy of its charter or articles of incorporation, duly certified by the 
proper State official of the State where the corporation was organized.
    (b) A corporation, other than a private corporation, should file a 
copy of the law under which it was formed and due proof of organization 
under the same.
    (c) When a corporation is operating in a State other than that in 
which it was incorporated, it must submit a certificate of the Secretary 
of State or other proper official of the State that it has complied with 
the laws of that State governing foreign corporations to the extent 
required to entitle the company to operate in such State.
    (d) A copy of the resolution or bylaws of the corporation 
authorizing the filing of the application must also be filed.
    (e) If the corporation shall have previously filed with the National 
Park Service the papers required by this section, the requirements shall 
be held to be met if, in making subsequent applications, specific 
reference is made to such previous filing by date, place, and case 
number.



Sec. 14.24  Showing as to citizenship required.

    (a) Individuals. An individual applicant applying for a right-of-way 
under any right-of-way act, except the Act of March 3, 1891 (26 Stat. 
1101; 43 U.S.C. 946 et seq.), and the Act of January 13, 1897 (29 Stat. 
484; 43 U.S.C. 952-955), as amended, must state whether he is native 
born or naturalized, and, if naturalized, the date of naturalization, 
the court in which naturalized, and the number of the certificate, if 
known. If citizenship is claimed by virtue of naturalization of the 
father, evidence of his naturalization, and that the applicant resided 
in the United States thereafter while a minor, should be furnished. 
Where the husband and the wife are native born and a statement to that 
effect is made, additional information as to the marital status is not 
required. In other cases, a married woman or widow must show the date of 
her marriage; a widow must show, in addition, the date of the death of 
her husband.
    (b) Association of Individuals. An application by an association, 
including a partnership, must be accompanied by a certified copy of the 
articles of association, if any; if there be none, the application must 
be made over the signature of each member of the association. Each 
member must furnish evidence of citizenship where it would be required 
if he were applying individually.

[[Page 207]]



Sec. 14.25  Documents which must accompany application.

    (a) Maps. Each application, other than an appropriation for Federal-
aid highway purposes under Title 23, United States Code, section 317, 
must be accompanied by a map prepared on tracing linen, or on tracing 
paper having a 100 percent rag content, and three or, in the case of 
electric transmission lines, five print copies thereof, showing the 
survey of the right-of-way, properly located with respect to the public 
land surveys so that said right-of-way may be accurately located on the 
ground by any competent engineer or land surveyor. The map should comply 
with the following requirements:
    (1) The scale should be 2,000 feet to the inch for rights-of-way for 
such structures as canals, ditches, pipelines and transmission lines and 
1,000 feet to the inch for rights-of-way for reservoirs, except where a 
larger scale is required to represent properly the details of the 
proposed developments, in which case the scales should be 1,000 feet to 
the inch and 500 feet to the inch, respectively. For electric 
transmission lines having an nominal voltage of less than 33 kV. map 
scales may at option of the applicant be 5,280 feet to the inch.
    (2) Courses and distances of the center line of the right-of-way or 
traverse line of the reservoir should be given; the courses referred to 
the true meridian either by deflection from a line of known bearing or 
by independent observation, and the distances in feet and decimals 
thereof. Station numbers with plus distances at deflection points on the 
traverse line should be shown.
    (3) The initial and terminal points of the survey should be 
accurately connected by course and distance to the nearest corner of the 
public-land surveys, unless that corner is more than 6 miles distant, in 
which case the connection will be made to some prominent natural object 
or permanent monument, which can be readily recognized and recovered. 
The station number and plus distance to the point of intersection with a 
line of the public-land surveys should be ascertained and noted, 
together with the course and distance along the section line to the 
nearest existing corner, at a sufficient number of points throughout the 
township to permit accurate platting of the relative position of the 
right-of-way to the public-land survey.
    (4) If the right-of-way is across or within lands which are not 
covered by the public-land surveys, the map shall be made in terms of 
the boundary survey of the land to the extent it would be required above 
to be made in terms of the public-land surveys.
    (5) All subdivisions of the public-land surveys within the limits of 
the survey should be shown in their entirety, based upon the official 
subsisting plats, with the subdivisions, section, township, and range 
clearly marked.
    (6) The width of the canal, ditch, or lateral at high-water line 
should be given and the width of all other rights-of-way shall be given. 
If the width is not uniform, the location and amount of the change in 
width must be definitely shown. In the case of a pipeline, the diameter 
of the line should be given. The total distance of the right-of-way on 
the Federal lands shall be stated.
    (7) Each copy of the map should bear upon its face a statement of 
the engineer who made the survey and the certificate of the applicant. 
The statement and certificate referred to are embodied in Forms 1 and 2 
(Appendix A) which are made a part hereof and which should be modified 
so as to be appropriate to the act invoked and the nature of the 
project.
    (8) Whenever it is found that a public land survey monument or 
reservation boundary monument will be destroyed or rendered inaccessible 
by reason of the proposed development, at least two permanent marked 
witness monuments should be established at suitable points, preferably 
on the surveyed lines. A brief description of the witness monuments and 
the connecting courses and distances to the original corners should be 
shown.
    (b) Evidence of water right. If the project involves the storage, 
diversion, or conveyance of water, the applicant must file a statement 
of the proper State official, or other evidence, showing that he has a 
right to the use of the water. Where the State official requires an 
applicant to obtain a right-of-way as a prerequisite to the issuance

[[Page 208]]

of evidence of a water right, if all else be regular, a right-of-way may 
be granted conditioned only upon the applicant's filing the required 
evidence of water right from the State official within specified 
reasonable time. The conditional right-of-way will terminate at the 
expiration of the time allowed.



Sec. 14.26  Payment required; exceptions; default; revision of charges.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
the charge for use and occupancy of lands under the regulations of this 
part will be the fair market value of the permit, right-of-way, or 
easement, as determined by appraisal by the authorized officer. Periodic 
payments or a lump-sum payment, both payable in advance, will be 
required at the discretion of such officer: (1) When periodic payments 
are required, the applicant will be required to make the first payment 
before the permit, right-of-way, or easement will be issued; (2) upon 
the voluntary relinquishment of such an instrument before the expiration 
of its term, any payment made for any unexpired portion of the term will 
be returned to the payer upon a proper application for repayment to the 
extent that the amount paid covers a full permit, right-of-way, or 
easement year or years after the formal relinquishment: Provided, That 
the total rental received and retained by the Government for that 
permit, right-of-way, or easement, shall not be less than $25. The 
amount to be so returned will be the difference between the total 
payments made and the value of the expired portion of the term 
calculated on the same basis as the original payments.
    (b) Except as provided in paragraph (c) of this section, the charge 
for use and occupancy of lands under the regulations of this part shall 
not be less than $25 per five-year period for any permit, right-of-way, 
or easement issued.
    (c) No charge will be made for the use and occupancy of lands under 
the regulations of this part:
    (1) Where the use and occupancy are exclusively for irrigation 
projects, municipally operated projects, or nonprofit or Rural 
Electrification Administration projects, or where the use is by a 
Federal governmental agency.
    (2) Where the permit, right-of-way, or easement is granted under the 
regulations in Subpart D.
    (d) If a charge required by this section is not paid when due, and 
such default shall continue for 30 days after notice, action may be 
taken to cancel the permit, right-of-way, or easement. After default has 
occurred, structures, buildings, or other equipment may be removed from 
the servient lands except upon written permission first obtained from 
the authorized officer.
    (e) At any time not less than five years after either the grant of 
the permit, right-of-way, or easement or the last revision of charges 
thereunder, the authorized officer, after reasonable notice and 
opportunity for hearing, may review such charges and impose such new 
charges as may be reasonable and proper commencing with the ensuing 
charge year.
    (f) The provisions of this section shall not have the effect of 
changing, modifying, or amending the rental rates or charges imposed for 
existing water power projects under rights-of-way previously approved by 
this Department.



Sec. 14.27  Application and use procedure.



Sec. 14.28  Incomplete application and reports.

    Where an application is incomplete or not in conformity with the law 
or regulations the authorized officer may, in his discretion, (1) notify 
the applicant of the deficiencies and provide the applicant with an 
opportunity to correct the deficiencies; or (2) the authorized officer 
may reject the application.



Sec. 14.29  Timely construction.

    (a) Unless otherwise provided by law, a period of up to five years 
from the date a right-of-way is granted is allowed for completion of 
construction. Within 90 days after completion of construction or after 
all restoration stipulations have been complied with, whichever is 
later, proof of construction, on forms approved by the Director, shall 
be submitted to the authorized officer.

[[Page 209]]

    (b) The time for filing proof of construction may be extended by the 
authorized officer, unless prohibited by law, upon a satisfactory 
showing of the need therefor and the filing of a progress report, 
demonstrating that due diligence toward completion of the project is 
being exercised, for reasonable lengths of time not to exceed a total of 
ten years from the date of issuance of the right-of-way.



Sec. 14.30  Nonconstruction, abandonment or nonuse.

    Unless otherwise provided by law, rights-of-way are subject to 
cancellation by the authorized officer for failure to construct within 
the period allowed and for abandonment or nonuse.



Sec. 14.31  Deviation from approved right-of-way.

    No deviation from the location of an approved right-of-way shall be 
undertaken without the prior written approval of the authorized officer. 
The authorized officer may require the filing of an amended application 
in accordance with Sec. 14.20 wherein the authorized officer's judgment 
the deviation is substantial.



Sec. 14.32  Revocation or cancellation.



Sec. 14.33  Order of cancellation.

    All rights-of-way approved pursuant to this part, shall be subject 
to cancellation for the violation of any of the provisions of this part 
applicable thereto or for the violation of the terms or conditions of 
the right-of-way. No right-of-way shall be deemed to be cancelled except 
on the issuance of a specific order of cancellation.



Sec. 14.34  Change in jurisdiction over lands.

    A change in jurisdiction over the lands from one Federal agency to 
another will not cancel a right-of-way involving such lands. It will 
however, change the administrative jurisdiction over the right-of-way.



Sec. 14.35  Transfer of right-of-way.



Sec. 14.36  Method of filing.

    Any proposed transfer in whole or in part of any right, title or 
interest in a right-of-way, or permit incident to a right-of-way 
acquired under any law, except the Act of March 3, 1891 (26 Stat. 1101; 
43 U.S.C. 946-949), must be filed in accordance with Sec. 14.20 for 
approval, must be accompanied by the same showing of qualifications of 
the transferee as is required of the applicant, and must be supported by 
a stipulation that the assignee agrees to comply with and to be bound by 
the terms and conditions of the right-of-way. No transfer will be 
recognized unless and until it is first approved in writing by the 
authorized officer.



Sec. 14.37  Reimbursement of costs.

    All filings for transfer approval made pursuant to this section, 
except as to rights-of-way or permits incident to rights-of-way excepted 
by Sec. 14.22(a)(4), must be accompanied by a nonrefundable payment of 
$25.



Sec. 14.38  Disposal of property on termination of right-of-way.

    Upon the termination of a right-of-way by expiration or by prior 
cancellation, in the absence of any agreement to the contrary, if all 
monies due the Government thereunder have been paid, the holder of the 
right-of-way will be allowed six months or such additional time as may 
be granted in which to remove from the right-of-way all property or 
improvements of any kind, other than a road and usable improvements to a 
road, placed thereon by him; but if not removed within the time allowed, 
all such property and improvements shall become the property of the 
United States.



   Subpart D--Under Title 23, U.S.C. (Interstate and Defense Highway 
                                 System)



Sec. 14.50  Authority.

    (a) Title 23, United States Code, section 107, paragraph (d), 
provides that whenever rights-of-way, including control of access, on 
the National System of Interstate and Defense Highways are required over 
lands or interests in lands owned by the United States, Secretary of 
Transportation may make such arrangements with the agency having 
jurisdiction over such lands as may be necessary to give the State or

[[Page 210]]

other person constructing the projects on such lands adequate rights-of-
way and control of access thereto from adjoining lands. It directs any 
such agency to cooperate with the Secretary of Transportation in this 
connection.
    (b) Title 23, United States Code, section 317, provides that:
    (1) If the Secretary of Transportation determines that any part of 
the lands or interests in lands owned by the United States is reasonably 
necessary for the right-of-way of any highway constructed on the 
Federal-aid primary system, the Federal-aid secondary system and the 
National System of Interstate and Defense Highways, or under Title 23, 
United States Code, Chapter 2, or as a source of materials for the 
construction or maintenance of any such highway adjacent to such lands 
or interests in lands, the Secretary of Transportation shall file with 
the Secretary of the Department supervising the administration of such 
lands or interests in lands a map showing the portion of such lands or 
interests in lands which it is desired to appropriate.
    (2) If within a period of 4 months after such filing the Secretary 
of such department shall not have certified to the Secretary of 
Transportation that the proposed appropriation of such land or material 
is contrary to the public interest or inconsistent with the purposes for 
which such lands or materials have been reserved or shall have agreed to 
the appropriation and transfer under conditions which he deems necessary 
for the adequate protection and utilization of the reserve, then such 
lands and materials may be appropriated and transferred to the State 
highway department or its nominee, for such purposes and subject to the 
conditions so specified.



Sec. 14.51  Extent of grant.

    By decision of the Secretary, Nevada Department of Highways, 
A.24151, September 1945, it was held that the law imports discretion and 
indicates no intent to vest in the State a right at the end of the four 
months' period without further action by the Department having 
jurisdiction. It was held further that the interest transferred under 
the statute is merely a right-of-way or right to take materials and that 
the Government may reserve the right to dispose of leasable minerals.



Sec. 14.52  Termination of right-of-way no longer needed.

    If at any time the need for any such lands or materials for such 
purposes shall no longer exist, notice of the fact shall be given by the 
State highway department to the Secretary of Transportation and such 
lands or materials shall immediately revert to the control of the 
Secretary of the Department from which they had been appropriated. 
Notice by the State highway departments, that the need for the land or 
material no longer exists may be given directly to the Bureau which 
granted the rights.



Sec. 14.53  Application.



Sec. 14.54  General.

    Applications for rights-of-way and material sites under title 23, 
U.S.C., for lands under the jurisdiction of the National Park Service, 
together with four copies of a durable and legible map shall be filed by 
the appropriate State highway department with the Director, National 
Park Service, Department of Interior, Washington, D.C. 20240. Maps 
should accurately describe the land or interest in land desired, showing 
the survey of the right-of-way, properly located with respect to the 
public land surveys so that said right-of-way may be accurately located 
on the ground by any competent engineer or land surveyor. The map should 
comply with the requirements of Sec. 14.25(a).



Sec. 14.55  Consultation with local bureau officials, program values.

    An applicant will be expected, at the earliest possible date prior 
to the filing of an application, to consult with the local officials of 
the National Park Service to ascertain whether or not the use or 
appropriation of the lands for right-of-way purposes is consistent with 
the Service's management program and to agree to such measures as may be 
necessary to maintain program values. Failure to do so may lead to an 
unresolvable conflict of interest and necessitate disallowance of the 
application.

[[Page 211]]



Sec. 14.56  Concurrence by Federal Highway Administration.

    The appropriate State highway department will forward a copy of each 
application and map filed with the National Park Service to the 
authorized officer of the Federal Highway Administration for a 
determination whether the lands and interests in lands are necessary for 
the purposes of Title 23, United States Code.



Sec. 14.57  Approval.

    After receipt of such determination that the lands or interests in 
lands under application are reasonably necessary for the purposes of 
Title 23, U.S.C., the authorized officer of the National Park Service 
will notify the applicant and the authorized officer of the Federal 
Highway Administration either (a) that the approval of the application 
would be contrary to the public interest or inconsistent with the 
purposes for which the lands or materials have been reserved or (b) that 
he proposes to grant the right-of-way under the regulations of this 
part, subject to said regulations and to such conditions which he 
indicates in his notice.



Sec. 14.58  Terms and conditions of allowance.

    Grants of rights-of-way under Title 23, U.S.C., by the authorized 
officer of the National Park Service will be made to the appropriate 
State highway department or to its nominee and based upon considerations 
of adequate protection and utilization of Federal lands and interests in 
lands will be subject to (a) all the pertinent regulations of this part 
except those which the authorized officer, upon formal request of the 
applicant may modify or dispense with, in whole or in part, upon a 
finding that it is in the public interest and in conformity with the 
purposes of Title 23, U.S.C., and (b) any conditions which he deems 
necessary. Grants of highway right-of-way under this subpart may include 
an appropriation and release to the State or its nominee of all rights 
of the United States, as owner of underlying and abutting lands, to 
cross over or gain access to the highway from its lands crossed by or 
abutting the right-of-way, subject to such terms and conditions and for 
such duration as the authorized officer of the National Park Service 
deems appropriate.



Sec. 14.59  Additional rights-of-way within highway rights-of-way.

    A right-of-way granted under this subpart confers upon the grantee 
the right to use the lands within the right-of-way for highway purposes 
only. Separate application must be made under pertinent statutes and 
regulations in order to obtain authorization to use the lands within 
such rights-of-way for other purposes. Additional rights-of-way will be 
subject to the highway rights-of-way. Future relocation or change of the 
additional right-of-way made necessary by the highway use will be 
accomplished at the expense of the additional right-of-way grantee. 
Prior to the granting of an additional right-of-way the applicant 
therefor will submit to the authorized officer a written statement from 
the highway right-of-way grantee indicating any objections it may have 
thereto, and such stipulations as it considers desirable for the 
additional right-of-way.



Sec. 14.60  General.

    No application under the regulations of this part is required for a 
right-of-way within the limits of a highway right-of-way granted 
pursuant to Title 23, United States Code, for facilities usual to a 
highway, except (a) where terms of the grant or a provision of law 
specifically requires the filing of an application for a right-of-way, 
(b) where the right-of-way is for electric transmission facilities which 
are designed for operation at a nominal voltage of 33 KV or above or for 
conversion to such operation, or (c) where the right-of-way is for oil 
or gas pipelines which are part of a pipeline crossing other public 
lands, or if not part of such a pipeline, which are more than two miles 
long. When an application is not required under the provisions of this 
subparagraph, qualified persons may appropriate rights-of-way for such 
usual highway facilities with the consent of the holder of the highway 
right-of-way, which holder will be responsible for compliance with 
Sec. 14.9, in connection with the construction and maintenance of such 
facilities.

[[Page 212]]



Sec. 14.61  Terms of grant.

    Except as modified by Sec. 14.60 of this subpart, rights-of-way 
within the limits of a highway right-of-way granted pursuant to Title 23 
U.S.C., and applications for such rights-of-way, are subject to all the 
regulations of this part pertaining to such rights-of-way.



              Subpart E--Power Transmission Lines, General



Sec. 14.70  Statutory authority.

    (a) The Act of February 15, 1901 (31 Stat. 790; 43 U.S.C. 959), 
authorizes the Secretary under such regulations as he may fix, to permit 
the use of rights-of-way through public lands and certain reservations 
of the United States, for electrical plants, poles, and lines for the 
generation and distribution of electrical power, and for telephone and 
telegraph purposes, and for pipe lines, canals, ditches, water plants, 
and other purposes to the extent of the ground occupied by such canals, 
ditches, water plants, or other works permitted thereunder and not to 
exceed 50 feet on each side of the marginal limits thereof, or not to 
exceed 50 feet on each side of the center line of such pipe lines, 
telephone and telegraph lines, and transmission lines, by any citizen, 
association, or corporation of the United States, where it is intended 
by such to exercise the use permitted under the Act.
    (b) The Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as 
amended, authorizes the head of the department having jurisdiction over 
the lands, under general regulations fixed by him, to grant an easement 
for rights-of-way for a period not exceeding 50 years, over and across 
public lands and reservations of the United States, for poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for communication purposes and for radio, television and other 
forms of communication transmitting, relay and receiving structures and 
facilities to the extent of 200 feet on each side of the center line of 
such lines and poles and not to exceed four hundred feet by four hundred 
feet for superstructures and facilities to any citizen, association, or 
corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.



Sec. 14.71  Lands subject to grant.

    Permission may be given under the Act of February 15, 1901, and the 
Act of March 4, 1911, for a right-of-way over unsurveyed lands as well 
as surveyed lands.



     Subpart F--Principles and Procedures, Power Transmission Lines



Sec. 14.75  Nature of interest.



Sec. 14.76  Terms and conditions.

    (a) By accepting a right-of-way for a power transmission line, the 
applicant thereby agrees and consents to comply with and be bound by the 
following terms and conditions, excepting those which the Secretary may 
waive in a particular case, in addition to those specified in Sec. 14.9.
    (1) To protect in a workmanlike manner, at crossings and at places 
in proximity to his transmission lines on the right-of-way authorized, 
in accordance with the rules prescribed in the National Electric Safety 
Code, all Government and other telephone, telegraph, and power 
transmission lines from contact and all highways and railroads from 
obstruction, and to maintain his transmission lines in such manner as 
not to menace life or property.
    (2) Neither the privilege nor the right to occupy or use the lands 
for the purpose authorized shall relieve him of any legal liability for 
causing inductive or conductive interference between any project 
transmission line or other project works constructed, operated, or 
maintained by him on the servient lands, and any radio installation, 
telephone line, or other communication facilities now or hereafter 
constructed and operated by the United States or any agency thereof.
    (3) Each application for authority to survey, locate, commence 
construction work and maintain a facility for the generation of electric 
power and energy or for the transmission or distribution of electric 
power and energy of 33 kilovolts or higher under this subpart shall be 
referred by the authorized officer to

[[Page 213]]

the Secretary of the Interior to determine the relationship of the 
proposed facility to the power marketing program of the United States. 
Where the proposed facility will not conflict with the program of the 
United States the authorized officer, upon notification to that effect, 
will proceed to act upon the application. In the case of necessary 
changes respecting the proposed location, construction, or utilization 
of the facility in order to eliminate conflicts with the power-marketing 
program of the United States, the authorized officer shall obtain from 
the applicant written consent to or compliance with such requirements 
before taking further action on the application: Provided however, That 
if increased costs to the applicant will result from changes to 
eliminate conflicts with the power-marketing program of the United 
States, and it is determined that a right-of-way should be granted, such 
changes will be required upon equitable contract arrangements covering 
costs and other appropriate factors.
    (4) The applicant shall make provision, or bear the reasonable cost 
(as may be determined by the Secretary) of making provision for avoiding 
inductive or conductive interference between any transmission facility 
or other works constructed, operated, or maintained by it on the right-
of-way authorized under the grant and any radio installation, telephone 
line, or other communication facilities existing when the right-of-way 
is authorized or any such installation, line or facility thereafter 
constructed or operated by the United States or any agency thereof. This 
provision shall not relieve the applicant from any responsibility or 
requirement which may be imposed by other lawful authority for avoiding 
or eliminating inductive or conductive interference.
    (5) An applicant for a right-of-way for a transmission facility 
having a voltage of 66 kilovolts or more must, in addition to the 
requirements of Subpart C, execute and file with its application a 
stipulation agreeing to accept the right-of-way grant subject to the 
following conditions:
    (i) In the event the United States, pursuant to law, acquires the 
applicant's transmission or other facilities constructed on or across 
such right-of-way, the price to be paid by the United States shall not 
include or be affected by any value of the right-of-way granted to the 
applicant under authority of the regulations of this part.
    (ii) The Department of the Interior shall be allowed to utilize for 
the transmission of electric power and energy and surplus capacity of 
the transmission facility in excess of the capacity needed by the holder 
of the grant (subsequently referred to in this paragraph as ``holder'') 
for the transmission of electric power and energy in connection with the 
holder's operations, or to increase the capacity of the transmission 
facility at the Department's expense and to utilize the increased 
capacity for the transmission of electric power and energy utilization 
by the Department of surplus or increased capacity shall be subject to 
the following terms and conditions:
    (A) When the Department desires to utilize surplus capacity thought 
to exist in the transmission facility, notification will be given to the 
holder and the holder shall furnish to the Department within 30 days a 
certificate stating whether the transmission facility has any surplus 
capacity not needed by the holder for the transmission of electric power 
and energy in connection with the holder's operations and, if so, the 
amount of such surplus capacity.
    (B) Where the certificate indicates that there is no surplus 
capacity or that the surplus capacity is less than that required by the 
Department the authorized officer may call upon the holder to furnish 
additional information upon which its certification is based. Upon 
receipt of such additional information the authorized officer shall 
determine, as a matter of fact, if surplus capacity is available and, if 
so, the amount of such surplus capacity.
    (C) In order to utilize any surplus capacity determined to be 
available, or any increased capacity provided by the Department at its 
own expense, the Department may interconnect its transmission facilities 
with the holder's transmission facility in a manner conforming to 
approved standards of practice for the interconnection of transmission 
circuits.

[[Page 214]]

    (D) The expense of interconnection will be borne by the Department, 
and the Department will at all times provide and maintain adequate 
protective equipment to insure the normal and efficient operation of the 
holder's transmission facilities.
    (E) After any interconnection is completed, the holder shall operate 
and maintain its transmission facilities in good condition, and, except 
in emergencies, shall maintain in a closed position all connections 
under the holder's control necessary to the transmission of the 
Department's power and energy over the holder's transmission facilities. 
The parties may by mutual consent open any switch where necessary or 
desirable for maintenance, repair or construction.
    (F) The transmission of electric power and energy by the Department 
over the holder's transmission facilities will be effected in such 
manner, as will not interfere unreasonably with the holder's use of the 
transmission facilities in accordance with the holder's normal operating 
standards, except that the Department shall have the exclusive right to 
utilize any increased capacity of the transmission facility which has 
been provided at the Department's expense.
    (G) The holder will not be obligated to allow the transmission of 
electric power and energy by the Department to any person receiving 
service from the holder on the date of the filing of the application for 
a grant, other than statutory preference customers including agencies of 
the Federal Government.
    (H) The Department will pay to the holder an equitable share of the 
total monthly cost of that part of the holder's transmission facilities 
utilized by the Department for the transmission of electric power and 
energy the payment to be an amount in dollars representing the same 
proportion of the total monthly cost of such part of the transmission 
facilities as the maximum amount in kilowatts of the power transmitted 
on a scheduled basis by the Department over the holder's transmission 
facilities bears to the total capacity in kilowatts of that portion of 
the transmission facilities. The total monthly cost will be determined 
in accordance with the system of accounts prescribed by the Federal 
Power Commission, exclusive of any investment by the Department in the 
part of the transmission facilities utilized by the Department.
    (I) If, at any time subsequent to a certification by the holder or 
determination by the authorized officer that surplus capacity is 
available for utilization by the Department, the holder needs for the 
transmission of electric power and energy in connection with its 
operations the whole or any part of the capacity of the transmission 
facility theretofore certified or determined as being surplus to its 
needs, the holder may request the authorized officer to modify or revoke 
the previous certification or determination by making application to the 
authorized officer not later than 36 months in advance of the holder's 
needs. Any modification or revocation of the certification or 
determination shall not affect the right of the Department to utilize 
facilities provided at its expense or available under a contract entered 
into by reason of the equitable contract arrangements provided for in 
this section.
    (J) If the Department and the holder disagree as to the existence or 
amount of surplus capacity in carrying out the terms and conditions of 
this paragraph, the disagreement shall be decided by a board of three 
persons composed as follows: The holder and the authorized officer shall 
each appoint a member of the board and the two members shall appoint a 
third member. If the members appointed by the holder and the authorized 
officer are unable to agree on the designation of the third member, he 
shall be designated by the Chief Judge of the United States Court of 
Appeals of the circuit in which the major share of the facilities 
involved is located. The board shall determine the issue and its 
determination, by majority vote, shall be binding on the Department and 
the holder.
    (K) As used in this section, the term ``transmission facility'' 
includes (1) all types of facilities for the transmission of electric 
power and energy and facilities for the interconnection of such 
facilities, and (2) the entire transmission line and associated 
facilities, from substation or interconnection point to

[[Page 215]]

substation or interconnection point, of which the segment crossing the 
lands of the United States forms a part.
    (L) The terms and conditions prescribed in this paragraph may be 
modified at any time by means of a supplemental agreement negotiated 
between the holder and the Secretary of the Interior or his designee.
    (b) Unless otherwise specified in a right-of-way granted under the 
Act of March 4, 1911, and unless sooner cancelled, the right-of-way 
shall expire 50 years from the date thereof. If, however, within the 
period of 1 year prior to the expiration date, the grantee shall file, 
in accordance with Sec. 14.20, a written application to renew the right-
of-way, and shall agree to comply with all the laws and regulations 
existing at such expiration date governing the occupancy and use of the 
lands of the United States for the purpose desired, the right-of-way may 
be renewed for a period of not to exceed 50 years. If such application 
is filed, the existing right-of-way will be extended subject to then 
existing and future rules and regulations, pending consideration of the 
application.



Sec. 14.77  Procedures. [Reserved]



Sec. 14.78  Applications.

    (a) Applications filed. Application under the Act of February 15, 
1901, or the Act of March 4, 1911, for permission to use the desired 
right-of-way through National Park Service areas must be filed and 
approved before any rights can be claimed thereunder.
    (b) Required showings. (1) A description of the plant or connecting 
generating plants which generate the power to be transmitted over such 
line, such description to be in sufficient detail to show, to the 
satisfaction of the authorized officer, the character, capacity, and 
location of such plants.
    (2) A description of the transmission line of which the line for 
which a right-of-way is requested forms a part, giving in reasonable 
detail the points between which it will extend, its characteristics and 
purpose. There must also be included a statement as to the voltage for 
which the line is designed and at which it is to be operated initially, 
and a statement as to whether it is to serve a single customer, or a 
number of customers, or is intended to transmit power solely for the 
applicant's use. If the line is to serve a single customer or is for the 
applicant's own use, the nature of such use must be given (such as 
airway beacon, coal mine, and irrigation pumps).
    (3) The application and maps shall specify the width of the right-
of-way desired. Rights-of-way for power lines will be limited to 50 feet 
on each side of the centerline unless sufficient justification is 
furnished for a greater width and it is otherwise authorized by law.
    (4) If the line is to have a nominal voltage of 66 kilovolts or 
more, the application should include a one-line diagram of the proposed 
line and the immediate interconnecting facilities including power plants 
and substations, a power flow diagram for proposed line and connecting 
major lines showing conditions under normal use, and typical structure 
drawings of proposed line showing construction dimensions and list of 
materials.
    (5) Any application under the Act of March 4, 1911, for a line 
right-of-way in excess of 100 feet in width or for a structure or 
facility right-of-way over 10,000 square feet must state the reasons why 
the larger right-of-way is required. Rights-of-way will not be issued in 
excess of such sizes in the absence of a satisfactory showing of the 
need therefor.
    (6)(i) A detailed description of the environmental impact of the 
project shall be included with the application. It shall provide, among 
other things, information about the impact of the project on airspace, 
air and water quality, scenic and esthetic features, historical and 
archeological features, and wildlife, fish, and marine life.
    (ii) The proposed site, design, and construction of the project 
shall be consistent with the ``Environmental Criteria for Electric 
Transmission Lines,'' prescribed jointly by the Secretary of 
Agriculture, as well as such other environmental criteria and guidelines 
as the National Park Service shall from time to time prescribe. 
``Environmental Criteria for Electric Transmission Systems'' is 
available

[[Page 216]]

from the Superintendent of Documents, U.S. Government Printing Office, 
Washington, D.C. 20402.
    (iii) If all other requirements are met, the application may be 
approved if it is determined that the beneficial purposes and effects of 
the project will not be outweighed by an adverse environmental impact. 
If the authorized officer determines that the application cannot be 
approved as proposed, he will, whenever possible, suggest alternative 
routes or methods of construction, or other modifications which if 
adopted by the applicant would make the application acceptable.



                  Subpart G--Radio and Television Sites



Sec. 14.90  Authority.

    The Act of March 4, 1911, (36 Stat. 1253; 43 U.S.C. 961), as 
amended, authorizes the head of the department having jurisdiction over 
the lands, under general regulations fixed by him, to grant an easement 
for rights-of-way for a period not exceeding 50 years, over and across 
public lands and reservations of the United States, for poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for communication purposes and for radio, television and other 
forms of communication transmitting, relay and receiving structures and 
facilities to the extent of 200 feet on each side of the center line of 
such lines and poles and not to exceed four hundred feet by four hundred 
feet for superstructures and facilities to any citizen, association, or 
corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.



Sec. 14.91  Procedures.

    (a) Any application under the Act of March 4, 1911, for a line 
right-of-way in excess of 100 feet in width or for a structure or 
facility right-of-way of over 10,000 square feet must state the reasons 
why the larger right-of-way is required. Rights-of-way will not be 
issued in excess of such sizes in the absence of a satisfactory showing 
of the need therefor.
    (b) When an application is made for a right-of-way for a site for a 
water plant or for a communication structure or facility, the location 
and extent of ground proposed to be occupied by buildings or other 
structures necessary to be used in connection therewith must be clearly 
designated on the map by reference to course and distance from a corner 
of the public survey. In addition to being shown in connection with the 
main drawing, the buildings or other structures must be platted on the 
map in a separate drawing on a scale sufficiently large to show clearly 
their dimensions and relative positions. When two or more such proposed 
structures are to be located near each other, it will be sufficient to 
give the reference to a corner of the public survey for one of them 
provided all the others are connected therewith by course and distance 
shown on the map. The application must also state the proposed use of 
each structure, must show definitely that each one is necessary for a 
proper use of the right-of-way for the purpose contemplated in the Act 
of March 4, 1911. If the right-of-way is within reservation lands which 
are not covered by the public land surveys, the map shall be made in 
terms of the boundary survey of the reservation to the extent it would 
be required above to be made in terms of the public land survey.



                Subpart H--Telephone and Telegraph Lines



Sec. 14.95  Authority.

    (a) The Act of February 15, 1901 (31 Stat. 790; 43 U.S.C. 959), 
authorizes the Secretary, under such regulations as he may fix, to 
permit the use of rights-of-way through public lands and certain 
reservations of the United States, for electrical plants, poles, and 
lines for the generation and distribution of electrical power, and for 
telephone and telegraph purposes, and for pipelines, canals, ditches, 
water plants, and other purposes to the extent of the ground occupied by 
such canals, ditches, water plants, or other works permitted thereunder 
and not to exceed 50 feet on each side of the marginal limits thereof, 
or not to exceed 50 feet on each side of the center line of such pipe 
lines, telephone and telegraph lines, and transmission lines, by any 
citizen, association, or

[[Page 217]]

corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.
    (b) The Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as 
amended, authorizes the head of the department having jurisdiction over 
the lands under general regulations fixed by him, to grant an easement 
for rights-of-way for a period not exceeding 50 years, over and across 
public lands and reservations of the United States, for poles and lines 
for the transmission and distribution of electrical power, and for poles 
and lines for communication purposes and for radio, television and other 
forms of communication transmitting, relay and receiving structures and 
facilities to the extent of 200 feet on each side of the center line of 
such lines and poles and not to exceed 400 feet by 400 feet for 
superstructures and facilities to any citizen, association, or 
corporation of the United States, where it is intended by such to 
exercise the use permitted under the Act.



Sec. 14.96  Procedures.

    Any application under the Act of March 4, 1911, for line right-of-
way in excess of 100 feet in width or for a structure or facility right-
of-way of over 10,000 square feet must state the reasons why the larger 
right-of-way is required. Rights-of-way will not be issued in excess of 
such sizes in the absence of a satisfactory showing of the need 
therefor.

                          Appendix A to Part 14

    Where necessary, these forms should be modified so as to be 
appropriate to the applicant (corporation, association, or individual), 
to the act involved, and to the nature of the project.

                                  Form

    References should be made to the appropriate section of the 
regulations to determine when each of the forms is required.
    Form No. 2 may be signed by any officer or employee of the company 
who is authorized to sign it. However, if it is executed by a person 
other than the President, it must be accompanied by a certified copy of 
the minutes of the Board of Directors meeting or other document 
authorizing such signature unless such certified copy has already been 
filed in the case.
    Forms 1 and 2 to be placed on maps. See Sec. 14.25(a)(7).

                          Engineer's Statement

                                (Form 1)

    ----------(Name of engineer) states he is by occupation a ----------
(Type of engineer) employed by the ----------(Company) to make the 
survey of the ----------(Kind of works) as described and shown on this 
map; that the survey of said works made by him (or under his 
supervision) and under authority, commencing on the ------ day of ------ 
19---- and ending on the ------ day of ------, 19----; and that such 
survey is accurately represented upon this map.
--------------------
Engineer

                         Applicant's Certificate

                                (Form 2)

    This is to certify that ---------- (Engineer), who subscribed the 
statement hereon, is the person employed by the undersigned applicant to 
prepare this map, which has been adopted by the applicant as the 
approximate final location of the works thereby shown, and that this map 
is filed as a part of the complete application, and in order that the 
applicant may obtain the benefits of ----------(Cite statute); and I 
further certify that the right-of-way herein described is desired for
(state purpose)_________________________________________________________
    (Seal)
_______________________________________________________________________
Signature of Applicant
_______________________________________________________________________
Title
_______________________________________________________________________
Company
Attest:



PART 17--CONVEYANCE OF FREEHOLD AND LEASEHOLD INTERESTS ON LANDS OF THE NATIONAL PARK SYSTEM--Table of Contents




Sec.
17.1  Authority.
17.2  Definitions.
17.3  Lands subject to disposition.
17.4  Notice.
17.5  Bids.
17.6  Action at close of bidding.
17.7  Preference rights.
17.8  Conveyance.

    Authority: Sec. 5(a), of the Act of July 15, 1968, 82 Stat. 354, 16 
U.S.C. 460l-22(a).

    Source: 42 FR 46302, Sept. 15, 1977, unless otherwise noted.



Sec. 17.1  Authority.

    Section 5(a) of the Act of July 15, 1968, 82 Stat. 354, 16 U.S.C. 
4601-22(a),

[[Page 218]]

authorizes the Secretary of the Interior, under specified conditions, to 
convey a leasehold or freehold interest on federally owned real property 
acquired by the Secretary from non-Federal sources within any unit of 
the National Park System except national parks and those national 
monuments of scientific significance. This legislation is referred to as 
``the act'' in regulations in this part.



Sec. 17.2  Definitions.

    As used in the regulations in this part:
    (a) Authorized officer shall mean an officer or employee of the 
National Park Service designated to conduct the sale or lease and 
delegated authority to execute all necessary documents, including deeds 
and leases.
    (b) The term unit of the National Park System means any area of land 
or water administered by the Secretary of the Interior through the 
National Park Service for park, monument, historic, parkway, 
recreational, or other purposes.
    (c) The term national park means any unit of the National Park 
System the organic act of which declares it to be a ``national park.''
    (d) The term national monument of scientific significance means a 
unit of the National Park System designated as a national monument by 
statute or proclamation for the purpose of preserving landmarks, 
structures, or objects of scientific interest.
    (e) The term person includes but is not necessarily limited to an 
individual partnership, corporation, or association.
    (f) The term freehold interest means an estate in real property of 
permanent or of indefinite duration.
    (g) The term leasehold interest means an estate in real property for 
a fixed term of years or an estate from month-to-month or from year-to-
year.
    (h) The term fair market value means the appraised value as set 
forth in an approved appraisal made for the Secretary for the interest 
to be sold or leased.

[42 FR 46302, Sept. 15, 1977, as amended at 62 FR 30234, June 3, 1997]



Sec. 17.3  Lands subject to disposition.

    The Act is applicable to any Federally owned real property acquired 
by the Secretary from non-Federal sources within any unit of the 
National Park System other than national parks and those national 
monuments of scientific significance. No leasehold or freehold 
conveyance shall be made except as to lands which the General Management 
Plan for the particular unit of the National Park System has designated 
as a Special Use Zone for the uses that are permitted by the freehold or 
leasehold conveyance. No leasehold or freehold conveyance shall be made 
unless the lands have been surveyed for natural, historical, and 
cultural values and a determination made by the Secretary that such 
leasehold or freehold conveyance will not be inconsistent with any 
natural, historical, or cultural values found on the land. Any 
conveyances affecting properties listed or eligible for listing on the 
National Register of Historic Places must be reviewed by the Advisory 
Council on Historic Preservation. Procedures for obtaining the Council's 
comments appear at 36 CFR part 800, ``Procedures for the Protection of 
Historic and Cultural Resources.''

[42 FR 46302, Sept. 15, 1977, as amended at 43 FR 3360, Jan. 25, 1978]



Sec. 17.4  Notice.

    (a) When the Secretary has determined in accordance with these 
regulations that a freehold or leasehold interest will be offered, he 
will have a notice published in the Federal Register and, subsequently, 
once weekly for five consecutive weeks in a newspaper of general 
circulation in the vicinity of the property. Publication of the notice 
shall be completed not less than 30 nor more than 120 days of the date 
for bid opening. The notice shall contain, at a minimum: (1) A legal 
description of the land by public lands subdivisions, metes-and-bounds, 
or other suitable method, (2) a statement of the interest to be 
conveyed, including restrictions to be placed on the use of the 
property, (3) a statement of the fair market value of the interest as 
determined by the Secretary below which

[[Page 219]]

the interest will not be conveyed, together with information as to where 
the Government's appraisal may be inspected, (4) information as to any 
preference rights of former owners to acquire the interest upon matching 
the highest bid, (5) an outline of bid procedure and a designation of 
the time and place for submitting bids, and (6) an outline of conveyance 
procedures, requirements, and time schedule.
    (b) If the property has been in Federal ownership for less than two 
years, the last owner or owners of record shall be sent a notice by 
certified mail to their present or last known address providing the 
information in the published notice and advising them of their right 
under section 5(a) of the act to acquire the interest upon payment or 
agreement to pay an amount equal to the highest bid price.



Sec. 17.5  Bids.

    Bids may be made by the principal or his agent, either personally or 
by mail. Bids will be considered only if received at the place and prior 
to the hour fixed in the notice. No particular form is specified for 
bids. However, a bid must be in writing, clearly identify the bidder, be 
signed by the bidder or his designated agent, state the amount of the 
bid, and refer to the notice. Bids conditioned in ways not provided for 
by the notice will not be considered. Bids must be accompanied by 
certified checks, post office money orders, bank drafts, or cashier's 
checks made payable to the United States of America for 2 percent of the 
amount of the fair market value or $2,500, whichever is greater, in the 
case of a freehold interest or for the amount of the first year's rent 
in the case of a leasehold interest. This payment will be refunded to 
unsuccessful bidders. A separate nonrefundable payment of $100 to cover 
costs of publication and of processing of bids will also be included 
with the bid. The bid and payments must be enclosed in a sealed envelope 
upon which the prospective bidder shall write: (a) Bid on interest in 
land of the National Park System, and (b) the scheduled date the bids 
are to be opened. In the event two or more valid bids are received in 
the same amount, the determination of which is the highest will be by 
drawing. Bids will be opened at the time and place specified in the 
notice. Bidders, their agents or representatives, and any other persons 
may attend the bid opening. No bid in an amount less than the fair 
market value, as herein defined, shall be considered.

[42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996]



Sec. 17.6  Action at close of bidding.

    The person who is declared by the authorized officer to be the high 
bidder shall be bound by his bid and the regulations in this part to 
complete the purchase in accordance therewith unless his bid is rejected 
or he is released therefrom by the authorized officer. The declared high 
bid on property for which a preference right exists will be 
conditionally accepted subject to the exercise of the preference as 
described below. In the case of a freehold interest, the high bidder 
must submit the balance of the bid within 45 days of the bid award in 
the form of a certified check, post office money order, bank draft, or 
cashier's check, made payable to the United States of America. Failure 
to submit the full balance within 45 days will result in the forfeiture 
of $1,000 of bid deposit, unless the bidder has been released from the 
bid or an extension has been granted by the authorized officer, and the 
property will be awarded to the next highest bidder upon fulfillment of 
the requirements of this section.

[42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996]



Sec. 17.7  Preference rights.

    On any property which has been in Federal ownership less than two 
years, the Secretary, in addition to the notice specified in Sec. 17.4, 
shall inform the last owner or owners of record by certified mail at 
their present or last known address of the highest bid on the interest 
and advise them of their right to acquire the interest for an amount 
equal to the highest bid if within 30 days they notify the Secretary of 
their desire to do so and make payment or agree to make payment of an 
amount equal to that specified in Sec. 17.5.

[[Page 220]]


If within 30 days of mailing of such notification, the former owner or 
owners do not indicate a desire to acquire the interest and make payment 
or agree to make payment for such interest in an amount equal to the 
declared high bid, or, if they do indicate such a desire but fail to 
consummate the transaction within the time period established for the 
conveyance, then the bid of the declared high bidder will be accepted. 
In the event that a former owner who indicates a desire to repurchase 
pursuant to this procedure fails to consummate the transaction within 
the established time period the declared high bidder shall be permitted, 
but not required, to consummate the transaction. If the declared high 
bidder does not choose to consummate the transaction in this 
circumstance, the entire transaction will be cancelled, and, if 
appropriate, a new bidding procedure instituted.



Sec. 17.8  Conveyance.

    Conveyance of a leasehold or freehold interest shall be by lease or 
deed, as appropriate, at the highest bid price, but not less than fair 
market value. All conveyance of leasehold or freehold interests shall 
contain such terms and conditions as the Secretary deems necessary to 
assure use of the property in a manner consistent with the purpose for 
which the area was authorized by Congress. The conveyancing or leasing 
document shall contain such provisions and restrictions as may be 
determined by the Secretary to be necessary to protect the natural, 
historic, cultural or other values present on the lands. All conveyances 
shall be without warranty.



PART 18--LEASES AND EXCHANGES OF HISTORIC PROPERTY--Table of Contents




Sec.
18.1  Authority.
18.2  Definitions.
18.3  Applicability.
18.4  Notice/Publicity.
18.5  Determination of fair market rental value.
18.6  Advertised sealed bids.
18.7  Action at close of bidding.
18.8  Requests for proposals.
18.9  Lease terms and conditions.
18.10  Subleases and assignments.
18.11  Special requirements.
18.12  Ownership of improvements.
18.13  Exchanges for historic property.

    Authority: Sec. 207, Pub. L. 96-515, 94 Stat. 2997 (16 U.S.C. 470h-
3)

    Source: 47 FR 53369, Nov. 26, 1982, unless otherwise noted.



Sec. 18.1  Authority.

    Section 207 of the National Historic Preservation Act Amendments of 
December 12, 1980, Pub. L. 96-515, 94 Stat. 2997, amends the National 
Historic Preservation Act of 1966, 16 U.S.C. 470 et seq., by adding a 
new section 111. Section 111(a) authorizes the Secretary of the Interior 
to lease historic property owned by the Department of the Interior or to 
exchange certain property owned by the Department of the Interior with 
certain comparable non-federally owned historic property in order to 
ensure the preservation of the historic property. Section 111(b) 
provides that proceeds from such leases of an historic property may be 
retained by the agency to defray the cost of administering, maintaining, 
repairing, or otherwise preserving the property or other properties on 
the National Register. The Secretary must consult with the Advisory 
Council on Historic Preservation before taking an action pursuant to 
this part.



Sec. 18.2  Definitions.

    In addition to applicable definitions contained in 36 CFR part 1, 
the following definitions shall apply to this part:
    (a) Adaptive Use means the act or process of adapting a structure to 
a use other than that for which it was designed.
    (b) Authorized Officer means an officer or employee of the National 
Park Service designated to conduct leases or exchanges and delegated 
authority to execute all necessary documents including leases and deeds.
    (c) Fair Market Rental Value means the most probable rent that the 
property would command if it were exposed on the open market for a 
period of time sufficient to attract a tenant who rents the property 
with full knowledge of the alternatives available to him on the market.

[[Page 221]]

    (d) Fair Market Value means the amount in cash, or terms reasonably 
equivalent to cash, for which in all probability, the property would be 
sold by a knowledgeable owner willing but not obligated to sell to a 
knowledgeable purchaser who desired but was not obligated to buy.
    (e) Historic property means any prehistoric or historic district, 
site, building, structure, or object included in, or eligible for 
inclusion on the National Register of Historic Places.
    (f) Lease means a written contract by which use and possession in 
land and/or improvements is given to another person for a specified 
period of time and for rent and/or other consideration.
    (g) Leasehold interest means a contract right in property consisting 
of the right to use and occupy real property by virtue of a lease 
agreement.
    (h) National Register or National Register of Historic Places means 
the national register of districts, sites, buildings, structures, and 
objects significant in American history, architecture, archeology, 
engineering, and culture, maintained by the Secretary of the Interior 
under authority of section 101(a)(1) of the National Historic 
Preservation Act of 1966, as amended (80 Stat. 915, 16 U.S.C. 470 et 
seq. (1970 ed)).
    (i) Preservation means the act or process of applying measures to 
sustain the existing terrain and vegetative cover of a site and the 
existing form, integrity, and material of a structure. It includes 
initial stabilization work, where necessary, as well as ongoing 
maintenance.
    (j) Preservation Maintenance means the act or process of applying 
preservation treatment to a site or structure. It includes housekeeping 
and routine and cyclic work scheduled to mitigate wear and deterioration 
without altering the appearance of the resource, repair or replacement-
in-kind of broken or worn-out elements, parts, or surfaces so as to keep 
the existing appearance and function of the site of structure, and 
emergency stabilization work necessary to protect damaged historic 
fabric from additional damage.
    (k) Reconstruction means the act or process of accurately 
reproducing a site or structure, in whole, or in part, as it appeared at 
a particular period of time.
    (l) Rehabilitation means the act or process of returning a property 
to a state of utility through repair or alteration that makes possible 
an efficient contemporary use while preserving those portions or 
features of the property that are significant to its historical, 
architectural, and cultural values.
    (m) Restoration means the act or process of recovering the general 
historic appearance of a site or the form and details of a structure, or 
portion thereof, by the removal of incompatible natural or human-caused 
accretions and the replacement of missing elements as appropriate. For 
structures, restoration may be for exteriors and interiors, and may be 
partial or complete.

[47 FR 53369, Nov. 26, 1982, as amended at 62 FR 30235, June 3, 1997]



Sec. 18.3  Applicability.

    Section 111 of the Act is applicable to certain historic property 
under the jurisdiction of the National Park Service which the Director 
has determined would be adequately preserved by lease as well as to any 
other non-Federal historic property within the authorized boundaries of 
a unit of the National Park System which the National Park Service may 
wish to acquire through an exchange of federally owned property of equal 
value and/or equalizing monetary consideration, in order to ensure the 
preservation of the historic property. No lease or exchange shall be 
made under this part until a written determination is made by the 
Director that, pursuant to the National Park Service Planning Process, 
such use will be consistent with the purposes for which the park is 
established. No lease or exchange shall be made prior to consultation 
with the Advisory Council on Historic Preservation. These regulations 
shall not apply to objects or prehistoric structures.



Sec. 18.4  Notice/Publicity.

    (a) When the Director has determined in accordance with these 
regulations that an appropriate interest in National Park Service 
property will be offered for lease, public notice of the opportunity 
shall be published at least

[[Page 222]]

twice in local and/or national newspapers of general circulation, 
appropriate trade publications, and distributed to interested persons. 
The notice shall be published not less than 60 days prior to the date of 
the bid opening or receipt of proposals and may be cancelled or 
withdrawn at any time. The notice shall contain, at a minimum: (1) A 
legal description of the property by public lands subdivision, metes-
and-bounds, lot or by other suitable method, (2) a statement of the 
interest and term to be made available, designation of permissible uses, 
if applicable, including restrictions to be placed on the property, (3) 
whether the opportunity is for submission of a bid or a proposal as a 
result of a request for proposals, (4) when appropriate, a statement of 
the minimum acceptable bid below which the interest will not be 
conveyed, (5) an outline of bid or proposal procedures and a designation 
of the time and place for submitting bids or proposals, (6) an outline 
of lease procedures, requirements, and time schedule, (7) information 
regarding the character of the property and its location as deemed 
necessary, and (8) information on the physical condition of the property 
and where appropriate, work which may be required.
    (b) All persons interested in an offering of property for lease 
shall be permitted and/or encouraged to make a complete inspection of 
such property including any available records, plans, specifications, or 
other such documents.
    (c) Where a historic property has been designated for lease pursuant 
to this part, a condensed statement of the availability of property for 
lease shall be prepared and submitted for inclusion in the U.S. 
Department of Commerce publication ``Commerce Business Daily'' to: U.S. 
Department of Commerce (S-Synopsis), Room 1304, 433 West Van Buren 
Street, Chicago, Illinois 60607.



Sec. 18.5  Determination of fair market rental value.

    Fair market rental value of a property offered for lease will be 
prepared and reviewed by qualified professional real estate appraisers. 
Estimated fair market rental value will be prepared in accordance with 
professional standards and practices, taking into consideration all 
factors influencing value including special or unique provisions and/or 
limitations on the use of the property contained in the lease.



Sec. 18.6  Advertised sealed bids.

    Leases will be offered through advertised sealed bids when the lease 
price is the only criterion for award. If a property is to be leased on 
a bid basis, and the advertisement/solicitation specifies a bid form, it 
will be made available upon request. Bids may be made by a principal or 
designated agent, either personally or by mail. Bids will be considered 
only if received at the place designated and prior to the hour fixed in 
the offering. If no bid form is specified, bids must be in writing, 
clearly identify the bidder, be signed by the bidder or designated 
agent, state the amount of the bid, and refer to the public notice. Bids 
conditioned substantially in ways not provided for by the notice will 
not be considered. Bids must be accompanied by certified checks, post 
office money orders, bank drafts, or cashier's checks made payable to 
the United States of America for the amount specified in the 
advertisement. The bid and payment must be enclosed in a sealed envelope 
upon which the prospective bidder shall write ``Bid on interest in 
property of the National Park Service'' and shall note the scheduled 
date the bids are to be opened. Payments will be refunded promptly to 
unseccessful bidders. Bids will be opened publicly at the time and place 
specified in the notice of the offering. Bidders, their agents or 
representatives, and any other interested person may attend the bid 
opening. No bid in an amount less than the fair market rental value 
shall be considered. In the event two or more valid bids are received in 
the same amount, the award shall be made by a drawing by lot limited to 
the equal acceptable bids received.



Sec. 18.7  Action at close of bidding.

    When a property is advertised for sealed bids, the bidder who is 
declared by the authorized officer to be the high bidder shall be bound 
by his bid and the regulations in this part to execute the

[[Page 223]]

lease, in accordance therewith, unless the bid is rejected. The Director 
reserves the right to reject any and all bids in his discretion when in 
the best interest of the Government.



Sec. 18.8  Requests for proposals.

    (a) When the award of a lease will be based on criteria in addition 
to price, solicitation of offers will be made through requests for 
proposals and the Director may negotiate with the party or parties 
which, in the Director's judgment, makes the offer(s) which is 
susceptible to being the most advantageous to the National Park Service.
    (b) Where significant investment would be required of a potential 
lessee, the Director shall issue a request for proposals describing the 
required preservation, preservation maintenance, restoration, 
reconstruction, adaptive use, or other specified work.
    (c) Requests for proposals will be made available upon request to 
all interested parties and will allow a minimum of sixty days for 
proposals to be submitted unless a shorter period is necessary and made 
part of the public notice.
    (d) All proposals received will be evaluated by the Director, and 
the proposal(s) considered to meet the criteria best shall be selected 
as the basis for negotiation to a final lease.
    (e) The principal factors to be used in evaluating the proposal(s) 
shall be stated in the request for proposals and shall include as 
appropriate (1) price, (2) financial capability, (3) experience of the 
proposer, (4) conformance of the proposal(s) to the request for 
proposals, (5) impact of the proposal(s) on the historical significance 
and integrity of the site or structure(s) or, (6) any other factors that 
may be specified. When the request for proposal solicits lease proposals 
for use of sites or structures, the selection criteria may include 
assessment of the degree to which any use proposed is supportive of the 
purposes of the park.
    (f) The Director may solicit from any offeror additional 
information, or written or verbal clarification of a proposal. The 
Director may choose to reject all proposals received at any time and 
resolicit or cancel the solicitation altogether in his discretion when 
in the best interest of the Government. Any material information made 
available to any offeror by the Director must be made available to all 
offerors, and will be available to the public upon request.
    (g) The Director may, in his discretion, terminate negotiations at 
any time prior to execution of the lease without liability to any party 
when it is in the best interest of the Government.



Sec. 18.9  Lease terms and conditions.

    (a) All leases shall contain such terms and conditions as the 
Director deems necessary to assure use of the property in a manner 
consistent with the purpose for which the area was authorized by 
Congress and to assure the preservation of the historic property.
    (b) Leases granted or approved under this part shall be for the 
minimum term commensurate with the purpose of the lease that will allow 
the highest economic return to the Government consistent with prudent 
management and preservation practices, except as otherwise provided in 
this part. In no event shall a lease exceed a term of 99 years.



Sec. 18.10  Subleases and assignments.

    (a) A sublease, assignment, amendment or encumbrance of any lease 
issued under this part may be made only with the written approval of the 
Director.
    (b) A lease may be amended from time to time at the written request 
of either the lessee or the Government with written concurrence of the 
other party. Such amendments will be added to and become a part of the 
original lease.
    (c) The lease may contain a provision authorizing the lessee to 
sublease the premises, in whole or in part, with approval of the 
Director, provided the uses prescribed in the original lease are not 
violated. Subleases so made shall not serve to relieve the sublessee 
from any liability nor diminish any supervisory authority of the 
Director provided for under the approved lease.
    (d) With the consent of the Director, the lease may contain 
provisions authorizing the lessee to encumber the leasehold interest in 
the premises for the purpose of borrowing capital for

[[Page 224]]

the development and improvement of the leased premises. The encumbrance 
instrument must be approved by the Director in writing. An assignment or 
sale of leasehold under an approved encumbrance can be made with the 
approval of the Director and the consent of the other parties to the 
lease, provided, however, that the assignee accepts and agrees in 
writing to be bound by all the terms and conditions of the lease. Such 
purchaser will be bound by the terms of the lease and will assume in 
writing all the obligations thereunder.



Sec. 18.11  Special requirements.

    (a) All leases made pursuant to the regulations in this part shall 
be in the form approved by the Director and subject to his written 
approval.
    (b) No lease shall be approved or granted for less than the present 
fair market rental value.
    (c) Unless otherwise provided by the Director a satisfactory surety 
bond will be required in an amount that will reasonably assure 
performance of the contractual obligations under the lease. Such bond 
may be for the purpose of guaranteeing:
    (1) Not less than one year's rental unless the lease contract 
provides that the annual rental or portion thereof shall be paid in 
advance.
    (2) The estimated construction cost of any improvements by the 
lessee.
    (3) An amount estimated to be adequate to insure compliance with any 
additional contractual obligations.
    (d) The lessee will be required to secure and maintain from 
responsible companies insurance sufficient to indemnify losses connected 
with or occasioned by the use, activities, and operations authorized by 
the lease. Types and amounts of insurance coverage will be specified in 
writing and periodically reviewed by the National Park Service.
    (e) The lessee shall save, hold harmless, and indemnify the United 
States of America, its agents and employees for losses, damages, or 
judgments and expenses on account of personal injury, death or property 
damage or claims for personal injury, death, or property damage of any 
nature whatsoever and by whomsoever made arising out of the activities 
of the lessee, his employees, subcontractors, sublessees, or agents 
under the lease.
    (f) No lease shall provide the lessee a preference right of future 
leases.
    (g) The lessee is responsible for any taxes and assessments imposed 
by Federal, State, and local agencies on lessee-owned property and 
interests.
    (h) The lessee shall comply with local applicable ordinances, codes, 
and zoning requirements.



Sec. 18.12  Ownership of improvements.

    (a) Capital improvements made to existing government-owned 
structures by the lessee or additional structures placed on the 
government-owned land by the lessee are the property of the United 
States. No rights for compensation of any nature exist for such property 
at the termination or expiration of the lease except as specified in the 
lease.
    (b) Furniture, trade fixtures, chattel, and other personal property 
defined in the lease shall remain the property of the lessee upon 
termination or expiration of the lease and shall be removed within a 
reasonable time specified in the lease.



Sec. 18.13  Exchanges for historic property.

    (a) After consultation with the Advisory Council on Historic 
Preservation, the Secretary, consistent with other legal requirements or 
other legal authorities, may exchange any property owned by the United 
States of America under his administration for any non-federally owned 
historic property located within the authorized boundaries of an 
existing unit of the National Park System, if he has determined that 
such exchange will adequately ensure preservation of the historic 
property and subject to the requirements of Sec. 18.3 of this part.
    (b) The exchange of the two properties must be on the basis of 
approximately equal fair market value established by the approved 
appraisal reports of the agency. The Secretary may accept cash from or 
pay cash to the grantor in an exchange, in order to equalize the values 
of the properties exchanged.

[[Page 225]]

    (c) Title to the non-Federal property to be received in exchange 
must be free and clear of encumbrances and/or liens.
    (d) Prior to consummation of any exchange, the Secretary shall 
evaluate the Federal land to be exchanged, and shall reserve such 
interests as necessary to protect the purposes for which the unit of the 
National Park System was established. The grantor of property to the 
Federal Government may reserve only such rights as are compatible with 
the purposes for which it is being acquired as determined by the 
Secretary. Appraisal of fair market values must reflect any reservations 
or restrictions.



PART 20--ISLE ROYALE NATIONAL PARK; COMMERCIAL FISHING--Table of Contents




Sec.
20.1  Definitions.
20.2  Permits; conditions.
20.3  Maximum number of permittees.
20.4  Revocation of permits; appeal.

    Authority: Secs. 1-3, 39 Stat. 535, as amended, sec. 3, 56 Stat. 
133, secs. 1, 2, 67 Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 408k.

    Source: 24 FR 11055, Dec. 30, 1959, unless otherwise noted.



Sec. 20.1  Definitions.

    As used in this part:
    (a) Park means Isle Royale National Park.
    (b) Permittee includes all persons engaged in commercial fishing 
from bases in the Park, except those life lessees who were engaged in 
such occupation at the date of the issuance of their leases.

[24 FR 11055, Dec. 30, 1959, as amended at 60 FR 55791, Nov. 3, 1995; 62 
FR 30235, June 3, 1997]



Sec. 20.2  Permits; conditions.

    Annual, revocable special use permits authorizing the use of 
Government-owned structures and facilities in the Park as bases for 
commercial fishing in the waters contiguous to the Park may be granted 
by the Director of the National Park Service, or the Regional Director 
if authorized by the Director, to bona fide commercial fishermen, where 
such structures and facilities were used for this purpose during the 
period from April 1, 1937, to December 31, 1939, inclusive, subject to 
the following conditions.
    (a) Permittees will be required to pay an annual fee as set forth in 
part 6 of this chapter.
    (b) Permittees shall personally reside at their Park bases during 
the fishing season.
    (c) Permittees shall secure and possess at all times such commercial 
fishing license as may be required by the State of Michigan.
    (d) Permittees shall comply with all Michigan laws, and related 
regulations prescribed by the Michigan Department of Conservation, 
governing commercial fishing in the waters contiguous to the Park.
    (e) Permittees shall use the bases covered by the permit for 
commercial fishing only. No permittee shall furnish boat or guide 
service to the public unless expressly authorized to do so by the 
Secretary or the Director.
    (f) Permittees shall maintain at their own expense, in accordance 
with reasonable standards of repair, safety, and sanitation, all 
Government-owned structures and facilities embraced in the permits.
    (g) The size, type and location of nets and gear and the number of 
men engaged in the operation of the fishing base of the permittee shall 
be prescribed in the permit. Only nets and gear approved by the Michigan 
Department of Conservation shall be used.



Sec. 20.3  Maximum number of permittees.

    Commercial fishermen to whom the annual revocable permits may be 
granted shall not exceed the maximum number of persons conducting 
commercial fishing operations from bases in the area comprising the Park 
at any one time during the period from April 1, 1937 to December 31, 
1939, inclusive.



Sec. 20.4  Revocation of permits; appeal.

    The Director of the National Park Service may, by notification in 
writing, revoke the permit of any permittee found by him to have 
violated any Federal statute or the provisions of these or any other 
regulations of the Secretary, relating to the Park. A permittee, 
however, shall have the right to appeal to the Director, Office of 
Hearings and Appeals, from a decision

[[Page 226]]

of the Director of the National Park Service revoking his permit. Any 
such appeal shall comply with the general rules set forth in Department 
Hearings and Appeals Procedures, 43 CFR part 4, subpart B, and the 
special procedural rules in subpart G of 43 CFR part 4, applicable to 
proceedings in appeals cases which do not lie within the appellate 
jurisdiction of an established Appeals Board of the Office of Hearings 
and Appeals.

[36 FR 7184, Apr. 15, 1971]



PART 21--HOT SPRINGS NATIONAL PARK; BATHHOUSE REGULATIONS--Table of Contents




Sec.
21.1  Definitions.
21.2  Penalties.
21.3  Use of thermal water.
21.4  Registration of physicians.
21.5  Therapeutic bathing requirements.
21.6  Use of therapeutic pools.
21.7  Health examinations.
21.8  Employee certification.
21.9  Solicitation by employees.
21.10  Losses.
21.11  Redemption of bath tickets.
21.12  Loss of bath tickets.

    Authority: Sec. 3, Act of August 25, 1916, 39 Stat. 535, as amended 
(16 U.S.C. 3); sec. 3, Act of March 3, 1891, 26 Stat. 842, as amended 
(16 U.S.C. 363).

    Source: 44 FR 2577, Jan. 12, 1979, unless otherwise noted.



Sec. 21.1  Definitions.

    When used in the regulations in this part:
    (a) The term physician means doctor of medicine or osteopathy who is 
licensed to practice by a State or territory of the United States.
    (b) The term registered physician means a physician registered at 
the office of the Superintendent as authorized to prescribe the waters 
of Hot Springs National Park.
    (c) The term employee means any person licensed or certified by a 
State or territory of the United States in his or her specialty, or who 
is certified by the Superintendent to perform or render special services 
in a bathhouse.
    (d) The term bathhouse means any facility which is operated by an 
individual, trustee, partnership, corporation, or business entity and 
which receives thermal water from Hot Springs National Park.

[44 FR 2577, Jan. 12, 1979, as amended at 62 FR 30235, June 3, 1997]



Sec. 21.2  Penalties.

    Any person convicted of violating any provision of the regulations 
contained in this part, or as the same may be amended or supplemented, 
shall be punished by a fine not exceeding $100 and shall be adjudged to 
pay all costs of the proceedings.



Sec. 21.3  Use of thermal water.

    (a) The use of the thermal waters of Hot Springs National Park, for 
purposes other than those authorized by the Superintendent, is 
prohibited.
    (b) The heating, reheating, or otherwise increasing the temperature 
of the thermal waters of Hot Springs National Park is prohibited.
    (c) The introduction of any substance, chemical, or other material 
or solution into the thermal waters of Hot Springs National Park, except 
as may be prescribed by a physician for a bather or as may be directed 
by the Superintendent, is prohibited.



Sec. 21.4  Registration of physicians.

    Physicians desiring to prescribe the thermal waters of Hot Springs 
National Park must first be registered at the office of the 
Superintendent. Any physician may make application for registration to 
the Superintendent. To maintain registered status, reapplication is 
required triannually.



Sec. 21.5  Therapeutic bathing requirements.

    Baths shall be administered to persons having a prescription from a 
registered physician with prescription instructions therein. Baths shall 
be administered to person who do not have prescriptions from registered 
physicians only if the bath is administered in accordance with the bath 
directions prescribed by the Superintendent, the violation of which is 
not subject to the penalty provisions of Sec. 21.2.



Sec. 21.6  Use of therapeutic pools.

    Persons undergoing medical treatment may use the therapeutic pools

[[Page 227]]

only upon presenting a prescription describing the treatment from a 
registered physician. Persons with acute or infectious diseases or 
discharges of the body, or who lack complete control of their bodily 
functions, are prohibited from using the therapeutic pools.



Sec. 21.7  Health examinations.

    No employee who comes in direct personal contact with bathers or 
pool users will be permitted to enter duty without first undergoing a 
health examination, or remain in such employment without undergoing 
periodic health examinations, as required by the Superintendent, and 
being found free from any infectious or communicable disease.

    Cross Reference: For a list of communicable diseases included in the 
regulations of the United States Public Health Service, see 21 CFR 
1240.54.



Sec. 21.8  Employee certification.

    (a) Employees engaged as physical therapists must be licensed or 
certified by a State or territory of the United States to practice
    (b) Employees engaged as physical therapy aids or physical therapy 
technicians will be certified by the Superintendent upon completion of 
an examination.
    (c) Employees engaged as masseurs or masseuses must be licensed or 
certified by a State or territory of the United States, or be certified 
by the Superintendent upon the completion of an examination.
    (d) Employees engaged as bath attendants will be certified by the 
Superintendent upon completion of an apprenticeship and an examination.



Sec. 21.9  Solicitation by employees.

    Soliciting by employees for any purpose, including soliciting for 
gratuities, commonly called ``tips,'' is prohibited in all bathhouses.



Sec. 21.10  Losses.

    A bathhouse receiving deposits of jewelry, money, or other valuables 
from patrons shall provide means for the safekeeping thereof, 
satisfactory to the Superintendent. It is understood, however, that the 
Government assumes no responsibility for such valuables kept on the 
premises. All losses must be reported promptly to the Superintendent by 
the bathhouse manager.



Sec. 21.11  Redemption of bath tickets.

    Unused tickets may be redeemed by the purchaser within one year from 
the date of purchase, according to the redemption scale approved by the 
Superintendent.



Sec. 21.12  Lost bath tickets.

    A patron who loses his ticket may continue to receive service, 
without additional charge, for the number of units remaining in the 
ticket. Records of lost tickets, and of service given thereunder, shall 
be maintained as required by the Superintendent. Lost tickets shall have 
no redemption value.



PART 25--NATIONAL MILITARY PARKS; LICENSED GUIDE SERVICE REGULATIONS--Table of Contents




Sec.
25.1  Scope.
25.2  License.
25.3  Supervision; suspensions.
25.4  Schedule of rates.
25.5  Badges and uniforms.

    Authority: Secs. 1-3, 39 Stat. 535, as amended, sec. 1, 47 Stat. 
1420, secs. 1, 2, 67 Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 9a E.O. 
6166, June 10, 1933.

    Source: 24 FR 11060, Dec. 30, 1959, unless otherwise noted.



Sec. 25.1  Scope.

    The regulations in this part are made prescribed and published for 
the regulation and maintenance of licensed guide service at all national 
military parks where such service has been established or hereafter may 
be authorized in the discretion of the Secretary of the Interior upon 
the recommendation of the Director of the National Park Service.



Sec. 25.2  License.

    (a) No person shall be permitted to offer his services or to act as 
a guide unless licensed for that purpose by the superintendent. Any 
person desiring to become a licensed guide shall make application to the 
superintendent in writing for authority to take the examination for a 
license as guide.

[[Page 228]]

    (b) Guides shall be of good character, in good physical condition, 
honest, intelligent, tactful, and of good repute. They must be 
thoroughly familiar with the history of the events which the park 
commemorates and with the location of all memorials. It is their duty to 
escort visitors to the various parts of the park and point out different 
historical features. The story of the guides shall be limited to the 
historical outlines approved by the superintendent and shall be free 
from praise or censure.
    (c) Examinations will be held at parks where a licensed guide 
service is authorized, at times to be designated by the Director of the 
National Park Service, for the purpose of securing a list of eligibles 
for such service. The examination will consist of an investigation of 
the character, reputation, intelligence, and ability of the applicants, 
and of questions designed to test their knowledge of the history of the 
battle, or features of historical interest, the markings of the park, 
the rules and regulations promulgated for the government of the park, 
and the regulations governing the guide service. Examination questions 
will be prepared under the direction of the Director of the National 
Park Service, who will likewise supervise the marking of examination 
papers and the rating of applicants.
    (d) The names of applicants who successfully pass the examination 
will be placed on a list of eligibles and selected in accordance with 
their relative standing.
    (e) Each person licensed to act as a full-time guide will be issued 
a license in the following form:

                                                ------------------------
                                                               (Place)  
                                                ------------------------
                                                                (Date)  
    ------------------------, having successfully passed the examination 
prescribed for license, is hereby licensed to offer his service as a 
guide to visitors. This license is issued subject to the condition that 
the licensee shall comply with all the rules and regulations prescribed 
for guide service by the Secretary of the Interior and with the 
prescribed schedule of rates, copies of all of which have been furnished 
to him.
    This license will be renewed at the expiration of one year from the 
date of issue, provided the rules above-mentioned have been fully 
complied with and services rendered satisfactorily.
    Failure to act as a guide for any period exceeding 30 days between 
June 1 and August 31 automatically suspends this license. Renewal under 
these conditions will only be made following proper application to and 
approval by the park superintendent. During other times of heavy 
visitation, and especially on week ends and holidays, any and all guides 
are subject to call for duty unless excused by the park superintendent 
or his representative.

                                                ------------------------
                                                       Superintendent,  
                                                ------------------------
                                                 National Military Park.

    (f) Each person licensed to act as a temporary or part-time guide, 
during periods of heavy visitation, will be issued a license in the 
following form:
                                                ------------------------
                                                               (Place)  
                                                ------------------------
                                                                (Date)  
    ------------------------, having successfully passed the examination 
prescribed for license, is hereby licensed to offer service as a guide 
to visitors. This license is issued subject to the condition that the 
licensee shall comply with all the rules and regulations prescribed for 
guide service by the Secretary of the Interior, copies of which have 
been furnished to him.
    This license shall continue in effect for a period of -------- days 
beginning -------- unless revoked prior to the expiration of such period 
for failure to comply with the condition set out herein.

                                                ------------------------
                                                       Superintendent,  
                                                ------------------------
                                                 National Military Park.

    (g) Before being issued a license to act as a guide, each applicant 
will be required to subscribe to the following agreement:

                                                ------------------------
                                                               (Place)  
                                                ------------------------
                                                                (Date)  
To Superintendent, ---------------- National Military Park.
    For and in consideration of the issuance to me a license to act as 
guide, I hereby accept and agree to observe fully the following 
conditions:
    1. To abide by and observe the laws and all rules and regulations 
promulgated for the government of the park and for the regulation of 
guide service.

[[Page 229]]

    2. In case of difference of opinion as to the interpretation of any 
law, rule, or regulation, to accept the decision of the superintendent.
    3. To accord proper respect to the park rangers in their enforcement 
of the rules and regulations.
    4. To require drivers of all vehicles, while under my conduct, to 
observe the park rules and regulations.
    5. To be watchful to prevent damage to, or destruction of, park 
property or acts of vandalism affecting monuments, buildings, fences, or 
natural features of the park, to report any such damage, destruction, or 
vandalism which I may observe to the nearest available ranger without 
delay, and to furnish him with all information in my possession tending 
to identify the offenders and assist in their apprehension and 
punishment.
    6. To demand of visitors not more than the authorized fees for guide 
service and, when employed, to render service to the best of my ability.
    7. To advise visitors who employ me, in advance, the length of time 
needed for a trip and its cost and, if visitors desire a shortened tour, 
to arrange for such service as may suit their convenience.
    8. (a) Not to operate for hire any passenger vehicle or other 
vehicle of any kind, while pursuing the vocation of guide or wearing a 
guide's badge or uniform.
    (b) Not to operate a visitor's motor vehicle unless I hold a valid 
motor vehicle operator's license issued by the State in which the 
national military park is located.
    (c) Not to charge an extra fee for operating a visitor's motor 
vehicle.
    9. In the event my license should be suspended or revoked by the 
superintendent, to refrain from offering my services or pursuing the 
vocation of guide, pending appeal to and decision of the Director of the 
National Park Service.
    10. To return the license and official badge without delay to the 
superintendent should my license be revoked or suspended for more than 5 
days or upon abandoning the occupation of guide.
    11. While wearing the badge of a guide or any uniform or part of a 
uniform indicating me to be a guide, I will not act as agent, solicitor, 
representative, or runner for any business or enterprise whatever 
(except in offering my services as a guide to visitors), nor solicit nor 
accept from any person, firm, association, or corporation any fee, 
commission, or gratuity for recommending their goods, wares, or 
services.
(Signed)________________________________________________________________

(80 Stat. 383; 5 U.S.C. 553)

[24 FR 11060, Dec. 30, 1959, as amended at 30 FR 8222, June 26, 1965]



Sec. 25.3  Supervision; suspensions.

    (a) The guide service will operate under the direction of the 
superintendent or his designated representative. Records will be kept of 
the efficiency of the guides and of all matters pertaining to the 
service.
    (b) Superintendents are authorized to suspend any guide for 
violation of the regulations or for conduct prejudicial to the interests 
of the Government. A full report of the facts attending each suspension 
will be made to the Director of the National Park Service. The license 
of a guide who has been suspended indefinitely will not be renewed 
without the approval of the Director of the National Park Service.



Sec. 25.4  Schedule of rates.

    As the conditions of each park differ with respect to the proper 
charge for the service rendered to the public, the schedule of rates for 
observance by the licensed guides at each separate park will be 
submitted to the Director of the National Park Service for approval. The 
superintendent will prepare itineraries arranged so as best to observe 
the different features of the battlefield and submit them with 
recommendations as to schedule of rates to the Director of the National 
Park Service for approval.



Sec. 25.5  Badges and uniforms.

    Licensed guides will be furnished with official badges as evidence 
of their authority, which shall remain the property of the Government 
and be returned to the superintendent upon relinquishment or revocation 
of the license as a guide. Where conditions warrant it and its purchase 
would not prove a hardship on the guides, they may be required to adopt 
a standard uniform, to be procured at their own expense.



PART 27--CAPE COD NATIONAL SEASHORE; ZONING STANDARDS--Table of Contents




Sec.
27.1  General objectives.
27.2  Commercial and industrial activities.
27.3  Seashore District.
27.4  Variances and exceptions.


[[Page 230]]


    Authority: Secs. 1, 5, 75 Stat. 284, 290; 16 U.S.C. 459b, 459b-4.

    Source: 27 FR 6714, July 14, 1962, unless otherwise noted.



Sec. 27.1  General objectives.

    (a) Consistent with the objectives set out in section 5 of the Act 
of August 7, 1961 (75 Stat. 284), development and management of the Cape 
Cod National Seashore will be conducted in a manner which will assure 
the widest possible public use, understanding and enjoyment of its 
natural, cultural and scientific features. The regulations in this part 
are designed and promulgated to establish minimum standards which local 
zoning bylaws must meet in furtherance of those purposes.
    (b) The standards hereby established for approval of zoning bylaws 
or amendments of zoning bylaws--are intended: (1) To contribute to the 
effect of prohibiting the commercial and industrial use, other than 
existing commercial or industrial use not inconsistent with the purposes 
of the Act of August 7, 1961 (75 Stat. 284, 291), of all property within 
the boundaries of the Cape Cod National Seashore and situated in the 
towns of Provincetown, Truro, Wellfleet, Eastham, Orleans and Chatham; 
and (2) to promote preservation and development, in accordance with the 
purposes of the said Act, of the area comprising the seashore, by means 
of acreage, frontage and setback requirements and other provisions which 
may be required to be included in zoning bylaws consistent with the laws 
of Massachusetts. Zoning bylaws or amendments of zoning bylaws 
applicable to the area within Cape Cod National Seashore, in order that 
they may be approved, shall conform to the standards herein set forth 
relating to preservation and development of the seashore in accordance 
with the purposes of the said Act. The Secretary shall be given notice 
of any amendments to approved zoning bylaws that affect the Seashore 
District. Nothing in these standards or in the zoning bylaws adopted 
pursuant thereto for the area within Cape Cod National Seashore shall 
preclude the Secretary of the Interior from fulfilling the 
responsibilities vested in him by the Act of August 7, 1961, or by the 
Act of August 25, 1916 (39 Stat. 535), as amended and supplemented.
    (c) Wherever the term ``improved property'' is used in this part it 
shall mean a detached, one-family dwelling, the land on which it is 
situated, and accessory structures, and as further defined in section 
4(d) of the Act of August 7, 1961 (75 Stat. 284).



Sec. 27.2  Commercial and industrial activities.

    No commercial or industrial districts may be established within the 
Cape Cod National Seashore.



Sec. 27.3  Seashore District.

    (a) Description. The Seashore District shall include all those 
portions of the towns of Provincetown, Truro, Wellfleet, Eastham, 
Orleans and Chatham lying within the exterior boundaries of the Cape Cod 
National Seashore.
    (b) Zoning bylaws for the Seashore District shall be consistent with 
the objectives and purposes of the Act of August 7, 1961, so that--to 
the extent possible under Massachusetts law--the scenic, scientific and 
cultural values of the area will be protected, undeveloped areas will be 
preserved in a natural condition, and the distinctive Cape Cod character 
of existing residential structures will be maintained.
    (c)(1) No moving, alteration, or enlargement of existing one-family 
residential dwellings or structures accessory thereto situated within 
this District shall be permitted if such would afford less than a 50-
foot setback from all streets measured at a right angle with the street 
line, and a 25-foot distance from the abutters' property lines (or less 
than such lesser setback or distance requirements already in existence 
for such dwellings or accessory structures).
    (2) If through natural phenomena or causes a lot or lots are so 
diminished in size that an owner would be unable to comply with the 
setback or sideline requirements herein prescribed, such owner or the 
zoning authorities may, as provided in Sec. 27.4(b), request the 
Secretary of the Interior to determine whether a proposed move, 
reconstruction, alteration of enlargement of an

[[Page 231]]

existing residential dwelling or accessory structure would subject the 
property to acquisition by condemnation.
    (d) Zoning bylaws adopted pursuant to this regulation shall contain 
provisions designed to preserve the seashore character of the area by 
appropriate restrictions or prohibitions upon the burning of cover, 
cutting of timber, filling of land, removal of soil, loam, sand or 
gravel and dumping, storage, or piling of refuse and other unsightly 
objects or other uses which would detract from the natural or 
traditional seashore scene.
    (e) Zoning bylaws for the Seashore District may permit residential 
uses of ``improved property'' and other uses of such dwellings and their 
accessory structures: Provided, Such other uses are traditional to these 
seashore communities, are customarily incidental to the principal 
residential use and do not alter the essential character of the dwelling 
and premises as a private residence. Subject to those conditions such 
uses may include, but are not limited to: (1) Partial use of dwellings 
by residents for a professional office (as for the practice of theology, 
law or medicine), as an artists' studio, for appropriate small scale 
home occupations as the making and selling of traditional Cape Cod 
products produced on the premises, and for the rental of rooms and 
serving of meals by residents of the premises to overnight guests; (2) 
the existence of structures, such as a garage, barn or boathouse 
accessory to the dwelling; (3) display of a sign which may be indirectly 
but not directly illuminated and not to exceed two square feet in area, 
referring to the occupancy, sale, or rental of the premises; (4) 
traditional agricultural uses of cleared land, but not including such 
objectionable uses as a piggery or the raising of livestock, poultry or 
fur-bearing animals for commercial purposes; and (5) the opening of 
shellfish, the storage and use of fishing equipment, and other 
traditional fishing activities. No commercial or industrial ventures 
(other than of the types described above), may be established within the 
Seashore District.



Sec. 27.4  Variances and exceptions.

    (a) Zoning bylaws may provide for variances and exceptions.
    (b) Bylaws adopted pursuant to these standards shall contain 
provisions which constitute notice to applicants for variances and 
exceptions that, under section 5(d) of the Act of August 7, 1961, the 
Secretary of the Interior is authorized to withdraw the suspension of 
his authority to acquire, by condemnation, ``improved property'' that is 
made the subject of a variance or exception which, in his opinion, fails 
to conform or is in any manner opposed to or inconsistent with 
preservation and development of the seashore as contemplated in the said 
Act. The Secretary may be consulted at any time by zoning authorities or 
by the owner of ``improved property'' regarding the effect of a proposed 
variance or exception upon the status of the affected property with 
regard to the suspension of the Secretary's authority to condemn. The 
Secretary, within 60 days of the receipt of a request for such 
determination, or as soon thereafter as is reasonably possible, shall 
advise the owner or zoning authorities whether or not the intended use 
will subject the property to acquisition by condemnation.
    (c) The Secretary shall be promptly notified of the granting of any 
variance or exception.



PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS--Table of Contents




                      Subpart A--General Provisions

Sec.
28.1  Purpose.
28.2  Definitions.
28.3  Boundaries: The Community Development District; The Dune District; 
          The Seashore District.
28.4  Severability.

      Subpart B--Federal Standards and Approval of Local Ordinances

28.10  Permitted and prohibited uses.
28.11  Nonconforming uses.
28.12  Development standards.
28.13  Variance, commercial and industrial application procedures.
28.14  Emergency action.
28.15  Approval of local zoning ordinances.

[[Page 232]]

               Subpart C--Federal Review and Condemnation

28.20  Review by the Superintendent.
28.21  Suspension of condemnation authority in the communities.
28.22  Condemnation authority of the Secretary.
28.23  Certificates of suspension of authority for acquisition by 
          condemnation.
28.24  Information collection.

    Authority: 16 U.S.C. 1,3,459e-2.

    Source: 56 FR 42790, Aug. 29, 1991.



                      Subpart A--General Provisions



Sec. 28.1  Purpose.

    (a) The enabling legislation for Fire Island National Seashore (the 
Seashore) mandated the Secretary of the Interior (the Secretary) to 
issue regulations which provide standards for local zoning in order to 
protect and conserve Fire Island. The regulations in this part set forth 
Federal standards to which local ordinances for Fire Island must conform 
to enable certain private property within the Seashore to be exempt from 
Federal condemnation. The standards also apply to use and development of 
public property. From time to time these standards may be reviewed and 
revised. These standards are intended:
    (1) To promote the protection and development of the land within the 
Seashore, for the purposes of the Fire Island National Seashore Act (the 
Act), by means of size, location, or use limitations or restrictions on 
commercial, residential, or other structures with the objective of 
controlling population density and protecting the island's natural 
resources;
    (2) To limit development and use of land to single-family homes, to 
prohibit development and use of multiple family homes, and to prohibit 
the conversion of structures to multiple family homes;
    (3) To prohibit commercial or industrial uses initiated after 
September 11, 1964 or the expansion of existing commercial or industrial 
uses on any property within the Seashore which is inconsistent with the 
Federal standards and approved local ordinances or the purposes of the 
Act, is likely to cause a significant harm to the resources of the 
Seashore or will not provide a service to Fire Island;
    (4) To recognize that the zoning authorities have the primary 
responsibility for zoning enforcement within the Seashore;
    (5) To provide that private property within the Community 
Development District may be retained by its owner as long as it is 
maintained in accordance with approved local ordinances and the Federal 
standards;
    (6) To provide that, within the Seashore District, private 
``improved property'' may be retained by its owner as long as it is 
maintained in accordance with approved local ordinances, and the Federal 
standards;
    (7) To provide that, in the Dune District, private undeveloped 
property, if otherwise subject to condemnation, may be retained by its 
owner as long as it is maintained in its natural state; and
    (8) To provide a mechanism for the Superintendent to inform 
landowners and the zoning authority if a use or development will be 
inconsistent with the Federal standards or the purposes of the Act and 
may subject the property to condemnation, subject to available funds.
    (b) The Secretary may utilize any other statutory authority 
available to the Secretary for the conservation and development of 
natural resources to the extent the Secretary finds that such authority 
will further the purpose of the Act.



Sec. 28.2  Definitions.

    (a) Accessory structure means any development which is located on 
the same lot as the principal building or use and is customarily 
incidental and subordinate to the principal building or use. Accessory 
structure may include a storage shed, dock, deck, patio, swimming pool, 
or tennis court but does not include a garbage or bicycle rack and the 
single primary access walk. Accessory structure includes a guest house 
without cooking facilities used for overnight habitation.
    (b) Act means the Fire Island National Seashore Act of September 11, 
1964, (16 U.S.C. 459e), as amended.

[[Page 233]]

    (c) Building means an enclosed structure having a roof supported by 
columns, walls, or cantilevers. (If a structure is separated by a party 
wall without openings, it is considered two separate ``buildings.'')
    (d) Developed property means any property which has been altered 
from its natural state by the construction or erection of materials 
located in, upon, or attached to something located in or upon the 
ground. Such alterations may include a building, deck, swimming pool, 
storage shed, patio, dock, tennis court, septic system or leaching 
field, walkway, groin, fence or sign (except dune protection fences and 
signs), road, retaining wall, grading, artificial fill, or other 
structure or material excluding live vegetation.
    (e) Development means any activity, action, alteration, structure or 
use which changes undeveloped property into developed property.
    (f) Exception to a zoning ordinance means any development or change 
in use of developed property which is not authorized by the zoning 
ordinance or the variance procedures of the zoning authority or, if 
authorized by the zoning authority, fails to conform to the ordinance 
approved by the Secretary or to the Federal standards.
    (g) Guest house means an accessory structure on the same lot as the 
principal building that does not contain cooking facilities and is used 
for the temporary accommodation of guests of a resident living in the 
principal building.
    (h) Improved property is developed property defined by the Act to 
mean any building, the construction of which was begun prior to July 1, 
1963, together with such amount of land on which said building is 
situated as the Secretary considers reasonably necessary to the use of 
said building not, however, to exceed 2 acres in the case of a residence 
and 10 acres in the case of a commercial use. The Secretary may exclude 
from such ``improved property'' any beach or waters, as well as land 
adjoining such beach or waters, which the Secretary deems necessary for 
public access thereto.
    (i) Local ordinance means a State, town, or village law applicable 
to the development or use of real property.
    (j) Lot means a parcel of land which meets the minimum acreage and 
frontage requirements of the zoning authority and is occupied or capable 
of being legally occupied by one (1) principal building or main 
building, and the accessory structures or uses including such open 
spaces as are required by these standards, but in no case does a lot 
include lands below the toe of the natural foredune line.
    (k) Non-conforming use means any use or development that, if 
commenced after the effective date of these standards, fails to conform 
to these standards; or, if commenced prior to October 17, 1984, failed 
to conform to Federal standards in effect at the time of construction or 
fails to conform to these standards, whether or not the use or 
development was first commenced in compliance with the local ordinance.
    (l) Single-family home means a building which contains no more than 
one kitchen or cooking facility. An exterior barbecue does not 
constitute a cooking facility for the purposes of this regulation.
    (m) Undeveloped property means property which has not been altered 
from its natural state with the exception of dune protection measures 
such as snow fencing, beach nourishment, dune grass planting, or other 
approved biological or ecological sand-enhancing or stabilization 
methods.
    (n) Zoning authority means the Town of Brookhaven, the Town of 
Islip, the Village of Saltaire, the Village of Ocean Beach and/or any 
other legally incorporated village or political subdivision hereafter 
created and the officials authorized by local ordinance to make rulings 
and determinations on zoning in said towns and villages.

[56 FR 42790, Aug. 29, 1991, as amended at 62 FR 30235, June 3, 1997]



Sec. 28.3  Boundaries: The Community Development District; The Dune District; The Seashore District.

    (a) Generally. The boundaries of the Seashore are described in the 
Act, as amended, and are delineated on the official boundary maps OGP-
OOO2, dated June 1964, and amended by OGP-OOO4, dated May 1978. The maps 
are available for inspection at the Seashore headquarters. There are 
three districts: The

[[Page 234]]

Community Development District, the Seashore District, and the Dune 
District.
    (b) The Community Development District. (1) The seventeen 
communities which comprise the Community Development District are set 
out below with their respective west/east boundaries.

                   (i) Lighthouse Shores--Kismet Park

West Boundary: 100 feet west of the west line of West Lighthouse Walk.
East Boundary: 80 feet east of the east line of Pine Street.

                            (ii) Seabay Beach

West Boundary: Approximately 94 feet west of the west line of Seabay 
Walk.
East Boundary: Approximately 94 feet east of the east line of Seabay 
Walk.

                             (iii) Saltaire

West Boundary: 185 feet west of the west line of West Walk.
East Boundary: 85 feet east of the east line of East Walk.

                            (iv) Fair Harbor

West Boundary: 333 feet west of the west line of Cedar Walk.
East Boundary: The east line of Spruce Walk.

                              (v) Dunewood

West Boundary: The east line of Spruce Walk.
East Boundary: 85 feet east of the east line of East Walk.

                            (vi) Lonelyville

West Boundary: 85 feet east of the east line of East Walk.
East Boundary: 100 feet east of the east line of Raven Walk.

                            (vii) Atlantique

West Boundary: 80 feet west of the west line of Sea Breeze Walk.
East Boundary: 80 feet east of the east line of East End Walk.

                           (viii) Robbins Rest

West Boundary: The west line of Compass Walk.
East Boundary: 113 feet east of the east line of Sextant Walk.

             (ix) Fire Island Summer Club--Corneille Estates

West Boundary: 100 feet west of west line of Schooner Walk.
East Boundary: 100 feet east of east line of Frigate Roadway.

                             (x) Ocean Beach

West Boundary: 7 feet west of the west line of Surf Road.
East Boundary: 2 feet east of the east line of Surf View Walk.

                              (xi) Seaview

West Boundary: East line of Surf View Walk.
East Boundary: 200 feet east of Laurel Avenue.

                          (xii) Ocean Bay Park

West Boundary: 90 feet west of the west line of Superior Street.
East Boundary: 100 feet East of the east line of Cayuga Street.

                          (xiii) Point O'Woods

West Boundary: 100 feet east of the east line of Cayuga Street.
East Boundary: Western boundary of Sunken Forest Preserve.

                           (xiv) Cherry Grove

West Boundary: The west line of West Walk.
East Boundary: Approximately 100 feet east of the east line of Ivy Walk.

                         (xv) Fire Island Pines

West Boundary: Approximately 150 feet west of the west line of Sandy 
Walk.
East Boundary: Approximately 120 feet east of Sail Walk.

                           (xvi) Water Island

West Boundary: The west line of Charach Walk.
East Boundary: Approximately 100 feet east of the east line of East 
Walk.

                            (xvii) Davis Park

West Boundary: 90 feet west of the west line of Eider Duck Walk.
East Boundary: 90 feet east of east line of Whalebone Walk.

    (2) The northern boundary of the communities listed in paragraph 
(b)(1) of this section is the mean high water line on the south shore of 
the Great South Bay.

[[Page 235]]

    (3) The southern boundary of the communities listed in paragraph 
(b)(1) of this section is the mean high water line on the south shore of 
Fire Island.
    (c) The Seashore District. The Seashore District is comprised of all 
portions of the lands and waters within the boundary of the Seashore 
which are not included in the Community Development District with the 
exception of the headquarters facilities at Patchogue and the William 
Floyd Estate at Mastic.
    (d) The Dune District. The Dune District extends from the mean high 
water line to 40 feet landward of the primary natural high dune crest, 
as defined on Fire Island National Seashore Map OGP-0004 and on Suffolk 
County Property Maps, section numbers 491-498 (Islip), 002 (Ocean 
Beach), 002-004 (Saltaire), and 985.70-987 (Brookhaven), as mapped in 
November 1976 or as subsequently remapped. Map overlays of the Dune 
District are available for inspection in the Office of the 
Superintendent of the Seashore. The Dune District overlaps portions of 
the Community Development District and the Seashore District.



Sec. 28.4  Severability.

    The invalidation of any provision of this part 28 by any court of 
competent jurisdiction shall not invalidate any other provision thereof.



      Subpart B--Federal Standards and Approval of Local Ordinances



Sec. 28.10  Permitted and prohibited uses.

    (a) The Community Development District--(1) Permitted uses. (i) The 
construction, alteration, expansion, movement, reconstruction, and 
maintenance of a detached building which is used principally as a 
single-family home, church, school, or community facility; as an 
accessory structure; or as an office for a professional occupation, as 
defined in approved local ordinances is permitted. Reconstruction of 
non-conforming uses is permitted in accordance with Sec. 28.11. A 
professional office may be maintained only incidental to a residential 
use and shall be utilized by a person residing on the premises.
    (ii) A commercial or industrial use in continuous and unchanged 
operation since September 11, 1964 is permitted. Any change in use of a 
commercial or industrial use since September 11, 1964 including 
construction, expansion, or conversion of an existing structure or a 
change in type, mode or manner of operation constitutes a new commercial 
or industrial use and may be permitted subject to the approval of the 
local zoning authority and review by the Superintendent.
    (iii) A commercial or industrial use initiated after September 11, 
1964 constitutes a new commercial or industrial use and may be permitted 
with the approval of the local zoning authority and review by the 
Superintendent. Any change in use of a commercial or industrial use 
approved by a local zoning authority after September 11, 1964, including 
construction, expansion, or conversion of an existing structure, or a 
change in type, location, mode or manner of operation, shall constitute 
a new commercial or industrial use and may be permitted with approval of 
the local zoning authority and review by the Superintendent.
    (2) Prohibited uses. (i) The construction or expansion of an 
apartment building or other building with multiple dwelling units or 
conversion of an existing building into a multiple family home is 
prohibited.
    (ii) The construction or expansion of a guest house with cooking 
facilities, or conversion of an existing structure to a guest house with 
cooking facilities is prohibited.
    (iii) The subdivision of land into lots which are less than 4000 
feet, or that do not meet the requirements of the applicable approved 
zoning ordinance is prohibited.
    (iv) The rezoning of an area zoned residential to commercial or 
industrial without review by the Secretary is prohibited.
    (b) The Seashore District--(1) Permitted uses. (i) The alteration, 
expansion, movement, and maintenance of privately-held ``improved 
property'' used as a single-family home or as an accessory structure is 
permitted. Reconstruction is permitted in accordance with Sec. 28.11.
    (ii) Any use consistent with the purposes of this Act, which is not 
likely to cause significant harm to the natural

[[Page 236]]

resources of the Seashore, on any lands, whether publicly or privately-
held, which lie below mean high water in either the Atlantic Ocean or 
the Great South Bay is allowable.
    (2) Prohibited uses. Construction, development or expansion of any 
property other than ``improved property'' is prohibited. The provisions 
of paragraph (a)(2) of this section apply to all privately-held property 
in the Seashore District.
    (c) The Dune District--(1) Permitted uses. (i) A community vehicular 
and private or community pedestrian dune crossing approved by the zoning 
authority and reviewed by the Superintendent as necessary for access to 
areas behind the dune. Such dune protection measures as snow fencing, 
poles, beach nourishment, dune grass planting, or other scientifically 
sanctioned biological or ecological sand enhancing or stabilization 
methods are allowable.
    (ii) Residential use and maintenance of an existing structure or 
reconstruction in accordance with Sec. 28.11 is allowable.
    (2) Prohibited uses. (i) Any development subsequent to November 10, 
1978 including construction of a new structure or expansion of an 
existing structure, such as a building, bulkhead, pile, septic system, 
revetment, deck, swimming pool, or other structure or man-made dune 
stabilization device except as allowed under paragraph (c)(i) of this 
section.
    (ii) Any use of the dune, other than those outlined in paragraph 
(c)(1)(i) of this section, including recreational use.
    (3) Conflict with other provisions. If a development or lot lies 
partially within the Dune District and partially in the Community 
Development District, or partially within the Dune District and 
partially within the Seashore District, and the standards applicable to 
the development, lot, or use are in conflict, the standards for the Dune 
District prevail for the portion of the development, lot, or use which 
lies within the Dune District. (d) General recreation, environmental and 
historic preservation and education, and natural resource protection 
uses and facilities consistent with the uses and facilities appropriate 
for each zone as set forth in the General Management Plan and Final 
Environmental Impact Statement are permitted on publicly-held property.



Sec. 28.11  Nonconforming uses.

    (a) Any use or structure lawfully existing under local law as of 
October 17, 1984 and rendered nonconforming by adoption of the federal 
standards may continue, subject to the provisions of this section, and 
will not lose its exemption from condemnation, if otherwise eligible.
    (b) Change in nonconforming uses. (1) No nonconforming development 
or use may be altered, intensified, enlarged, extended, or moved except 
to bring the use or structure into conformity with the approved local 
zoning ordinance.
    (2) A nonconforming use which has been abandoned for more than one 
(1) year may not be resumed or replaced by another nonconforming use or 
structure.
    (3) A nonconforming use in the Dune District may be moved to bring 
it into conformity with the approved local zoning ordinance.
    (c) Reconstruction of nonconforming uses. If a nonconforming use or 
structure is severely damaged (as determined by fair professional 
insurance practices), destroyed or rendered a hazard, whether by fire, 
natural disaster, abandonment or neglect, no alteration, 
intensification, enlargement, reconstruction, extension, or movement is 
allowable without compliance with the following conditions:
    (1) No use or structure within the Seashore built in violation of a 
local ordinance when constructed may be reconstructed except in 
compliance with the approved local zoning ordinance.
    (2) Local building permit applications for reconstruction shall be 
filed with the appropriate zoning authority within one (1) year of the 
damage, destruction, or abandonment.
    (3) A commercial or industrial use may not be reconstructed without 
the approval of the local zoning authority and review by the 
Superintendent.
    (4) A nonconforming use in the Community Development District or in 
the

[[Page 237]]

Seashore District (i.e. ``improved property'') may be reconstructed to 
previous dimensions. It may not be altered, enlarged, intensified, 
extended, or moved except to bring the use or structure into conformity 
with the approved local zoning ordinance.
    (5) A nonconforming use in the Dune District may be reconstructed if 
it can conform to the approved local zoning ordinance and lie north of 
the crest of the dune at the time of reconstruction.



Sec. 28.12  Development standards.

    No use allowable under Sec. 28.10 may be developed, constructed, 
altered, or conducted unless it complies with the following:
    (a) A single-family home is the only type of development permitted 
in a residential district defined by a local zoning authority.
    (b) Commercial or industrial development is limited to commercial or 
business districts defined by a zoning authority within the Community 
Development District. Such development must provide a service to Fire 
Island and will not be likely to cause significant harm to the natural 
resources of the Seashore.
    (c) Minimum lot size is 4,000 square feet. A subdivision must comply 
with the subdivision requirements of the applicable zoning authority and 
may not result in development of any lot which is less than 4,000 feet.
    (d) Maximum lot occupancy for all development may not exceed 35 
percent of the lot. Lot occupancy is calculated to include all buildings 
and accessory structures on the property and any extension of the upper 
floors beyond the developed area on the ground level.
    (e) Lot occupancy of all privately-held improved property in the 
Seashore District is limited to 35 percent of the square footage of a 
lot that is less than 7,500 square feet, and to 2,625 square feet for a 
lot 7,500 square feet or greater. Lot occupancy is calculated to include 
all buildings and accessory structures on the property and any extension 
of the upper floors beyond the developed area of the ground.
    (f) No building or accessory structure may be erected to a height in 
excess of 28 feet as measured from the average existing ground elevation 
or the minimum elevation necessary to meet the prerequisites for Federal 
flood insurance as determined by the National Flood Insurance Program/
FEMA shown on Flood Insurance Rate Maps for Fire Island communities.
    (g) A swimming pool is an allowable accessory structure and is 
calculated in measuring lot occupancy.
    (h) No sign may be self-illuminated.
    (i) A zoning authority shall have in effect limitations, 
requirements, or restrictions on the burning of cover and trash, 
excavation, displacement or removal of sand or vegetation, and the 
dumping, storing, or piling of refuse materials, equipment or other 
unsightly objects which would pose safety hazards and/or detract from 
the natural or cultural scene.
    (j) A zoning authority shall have in place ordinances to lessen the 
potential for flood and related erosion and property losses consistent 
with the Federal Insurance Administration's National Flood Insurance 
Program criteria for ``Land Management and Use,'' as set forth in 24 CFR 
part 1910, subpart A, as it may from time to time be amended.



Sec. 28.13  Variance, commercial and industrial application procedures.

    (a) The zoning authority shall send the Superintendent a copy of all 
applications for variances, exceptions, special permits, and permits for 
commercial and industrial uses submitted to the zoning authority within 
five calendar days of their submission of the completed application by 
the applicant.
    (b) The zoning authority shall send the Superintendent a copy of the 
written notice of the dates and times of any public hearing to be held 
concerning an application no less than 10 days prior to the date of the 
hearing.
    (c) The zoning authority shall send the Superintendent a copy of the 
written notice within fifteen calendar days of the approval or 
disapproval of any application for a variance, exception, special 
permit, or permit and copies of any variance, exception, special permit, 
or certificate which has been granted.
    (d) The zoning authority shall send copies of all correspondence 
referred to in this section to:


[[Page 238]]


The Superintendent, Special Attention: Zoning, Fire Island National 
Seashore, 120 Laurel St., Patchogue, New York 11772.



Sec. 28.14  Emergency action.

    If allowable by local law and if immediate action is essential to 
avoid or eliminate an immediate threat to the public health or safety or 
a serious and immediate threat to private property or natural resources, 
an agency or person may commence a temporary use without a permit from 
the zoning authority. In all cases, the agency or person shall inform 
the Superintendent and send an application for a permit to the zoning 
authority within 10 days after the commencement of the use and the 
applicant shall proceed in full compliance with the provisions of the 
approved local zoning ordinance. When the reasons for undertaking the 
emergency action no longer exist, the agency or person shall cease an 
emergency action taken under this section.



Sec. 28.15  Approval of local zoning ordinances.

    (a) The Secretary shall approve local ordinances or amendments to 
approved ordinances which conform to these regulations. The Secretary 
may not, however, approve an ordinance or amendment thereto which:
    (1) Contains a provision that the Secretary considers adverse to the 
protection and development of the Seashore;
    (2) Does not comply with the federal standards set out in 
Secs. 28.10, 28.11, and 28.12; or
    (3) Fails to provide for the variance procedures of Sec. 28.13.
    (b) A zoning authority from time to time may amend its ordinance. At 
such time the Secretary may revoke the approval of any ordinance or 
portion of an ordinance which fails to conform to these regulations. 
Upon resubmission by the zoning authority of an amended ordinance, the 
Secretary shall approve the ordinance, if it conforms with the 
requirements of paragraph (a) of this section.
    (c) Secretarial approval of a local ordinance will be withdrawn if 
the Secretary finds that a zoning authority is not enforcing its 
ordinance.



               Subpart C--Federal Review and Condemnation



Sec. 28.20  Review by the Superintendent.

    (a) The Superintendent, within 15 working days of the receipt of a 
copy of an application for a variance, exception, permits for commercial 
or industrial use, or special permit submitted to the zoning authority 
for any development, use or change in use shall provide the applicant/
landowner and the appropriate zoning authority written comments on the 
application. The purpose of the Superintendent's review is to determine 
if the proposed use or development does not conform to the federal 
standards and the purposes of the Act or is likely to cause significant 
harm to the natural resources of the Seashore. If the Superintendent's 
review determines the proposal does not conform, the Superintendent 
shall inform the applicant/landowner and appropriate zoning authority 
that should the proposed use or development proceed, the National Park 
Service may seek to enjoin the development and acquire the property by 
condemnation.
    (b) The Superintendent may also appeal the decision of the zoning 
authority pursuant to procedures of local law.



Sec. 28.21  Suspension of condemnation authority in the communities.

    The Secretary has the authority to acquire land by condemnation. 
Upon Secretarial approval of local ordinances, Secretarial authority to 
acquire by condemnation private property within the communities and 
``improved property'' in the Seashore District that conforms to the 
federal standards and the provisions of the Act or is not likely to 
cause significant harm to the natural resources of the Seashore is 
suspended, except as provided for in Sec. 28.22.



Sec. 28.22  Condemnation authority of the Secretary.

    (a) The Secretary has the authority to exercise powers of 
condemnation with respect to:
    (1) Private property within the 8-mile area between the eastern 
boundary of Davis Park and the western boundary of the Smith Point 
County Park;

[[Page 239]]

    (2) Any beach or water and such adjoining land as the Secretary 
determines is necessary for access to the beach or water;
    (3) Any property for which the Certificate of Suspension of 
Authority for Acquisition by Condemnation has been revoked;
    (4) Any property, if the approval of the ordinance of the zoning 
authority has been revoked; partially revoked, or an exception was made 
to the Secretarial approval and such property fails to conform to these 
standards, or any property where the appropriate local zoning authority 
does not have an ordinance approved by the Secretary;
    (5) Any property built or altered after October 17, 1984 that does 
not conform to the regulations in this part 28;
    (6) Any property which becomes an exception to or has been granted a 
variance, exception, or special use permit after October 17, 1984 that 
fails or will fail to conform to the regulations in this part 28;
    (7) Any new commercial or industrial use that the Superintendent has 
determined does not conform with Sec. 28.20(a). A new commercial or 
industrial use is defined as any commercial or industrial use commenced 
after September 11, 1964. Any change in use of a commercial or 
industrial use including construction, expansion, or conversion of an 
existing structure, or change in type, location, mode, or manner of 
operation, constitutes a new commercial or industrial use;
    (8) Any property with respect to which the Secretary's authority to 
condemn was not suspended and the property failed to conform to the 
federal standards existing at the time of construction, modification, or 
commencement of a use, unless such construction, modification or use 
conforms to the current federal standards; and
    (9) Any property in violation of a local ordinance required by 
Sec. 28.12 (i) and (j).
    (b) Undeveloped property which is otherwise subject to condemnation 
under the Act is not subject to condemnation if it is located in the 
Dune District and is maintained in its natural state.
    (c) The Secretarial authority to condemn any property in the 
Seashore is suspended for any structure or use constructed, modified, or 
commenced prior to October 17, 1984 if:
    (1) It was built or conducted in conformity with local zoning 
ordinances and procedures in effect at the time of such construction or 
commencement or had been issued a variance under local law;
    (2) It was built or conducted in conformity to the federal standards 
existing at the time of such construction or commencement or to these 
standards; and
    (3) The local zoning ordinance is approved by the Secretary without 
exceptions, or if approved by the Secretary with exceptions, such 
exceptions are not pertinent or applicable to the property.
    (d) The above provisions shall not be interpreted to otherwise limit 
or circumscribe the authority of the Secretary to condemn property as 
provided by the Act, or other provisions of law.



Sec. 28.23  Certificates of suspension of authority for acquisition by condemnation.

    Upon approval of a local zoning ordinance, a private property owner 
may apply to the Superintendent for a Certificate of Suspension of 
Authority for Acquisition by Condemnation. Procedures for obtaining a 
certificate are as follows:
    (a) A property owner shall submit an application for a certificate 
to:

Superintendent,
Fire Island National Seashore,
120 Laurel Street,
Patchogue, New York 11772.

    (b) An application for a certificate shall contain:
    (1) A current survey of the lot showing the dimension of all 
buildings, accessory structures, garbage and bicycle racks, all access 
walks, and any extensions of the upper floors beyond the developed area 
on the ground level;
    (2) On the survey, the line of mean high water, the toe of the dune, 
and the crest of the dune shall be identified if they traverse the lot;

[[Page 240]]

    (3) A floor plan of each floor of each building showing the 
configuration of all rooms and cooking facilities;
    (4) A vertical drawing of the structure showing actual ground level 
and building height; and
    (5) Copies of the original and all subsequent building permit 
applications and permits, certificates of occupancy, certified-as-
completed surveys, variances, special use permits, certificates of pre-
existing use, or other documents relating to local authorization to 
develop or use the property. The burden rests on the applicant to show 
that the structure conformed to local law at the time of construction 
and at the time of each subsequent alteration and that the structure 
conforms to current federal standards.
    (6) For commercial or industrial uses, the owner of the property 
shall submit further information describing the type, mode, and manner 
of operation. All local, county, state, or federal licenses and permits 
required for construction, occupancy, operation of the commercial 
activity shall be submitted. Any change in use as described in 
Sec. 28.10(a)(1)(iii) will require application for a new certificate.
    (c) Upon receipt of the application, the Superintendent shall 
conduct a site inspection of both the interior and exterior of the 
property.
    (d) After review of the materials submitted by the applicant and 
other pertinent information, and completion of the site inspection, the 
Superintendent shall determine whether the Secretary's authority to 
acquire by condemnation is suspended, and if so, shall furnish to any 
eligible party in interest a Certificate of Suspension of Authority for 
Acquisition by Condemnation.
    (e) A Certificate of Suspension of Authority for Acquisition by 
Condemnation may be revoked at any time that the Secretary's authority 
to condemn is reinstated or that it becomes evident to the 
Superintendent that the Certificate was initially issued by mistake or 
on misinformation.



Sec. 28.24  Information collection.

    The collection of information contained in Secs. 28.13, and 28.23 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1024-0050. The 
information will be used to determine if private property conforms to 
the federal regulations. Response is required to obtain a benefit in 
accordance with 16 U.S.C. Section 459e et seq.



PART 30--WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA: ZONING STANDARDS FOR WHISKEYTOWN UNIT--Table of Contents




Sec.
30.1  Introduction.
30.2  General provisions.
30.3  Recreation District I.
30.4  Recreation District II.
30.5  Variances, exceptions, and use permits.

    Authority: Subsection 2(e), 79 Stat. 1295, 1297; sec. 3, 39 Stat. 
535; 16 U.S.C. 460q-1(e); 16 U.S.C. 3.

    Source: 32 FR 13189, Sept. 16, 1967, unless otherwise noted.



Sec. 30.1  Introduction.

    (a) Administration of the Whiskeytown Unit is required to be 
coordinated with the other purposes of the Central Valley project and 
with the purposes of the recreation area as a whole so as to provide 
for: (1) Public outdoor recreation benefits; (2) conservation of scenic, 
scientific, historic, and other values contributing to public enjoyment; 
and (3) such management, utilization and disposal of renewable natural 
resources as in the judgment of the Secretary of the Interior will 
promote or is compatible with, and does not significantly impair, public 
recreation and conservation of scenic, scientific, historic, or other 
values contributing to public enjoyment.
    (b) The Secretary may not acquire without consent of the owner any 
privately owned ``improved property'' or interests therein within the 
boundaries of the unit, so long as the appropriate local zoning agency 
(Shasta County), shall have in force and applicable to such property a 
duly adopted, valid, zoning ordinance that is approved by the Secretary. 
This suspension of the Secretary's authority to acquire ``improved 
property'' without the owner's consent would automatically cease: (1) If 
the property is made the subject to a variance or exception to any 
applicable

[[Page 241]]

zoning ordinance that does not conform to the applicable standards 
contained in the regulations in this part; or (2) if such property is 
put to any use which does not conform to any applicable zoning ordinance 
approved by the Secretary.
    (c) ``Improved property'' as used in this section, means any 
building or group of related buildings, the actual construction of which 
was begun before February 7, 1963, together with not more than 3 acres 
of land in the same ownership on which the building or group of 
buildings is situated, but the Secretary may exclude from such 
``improved property'' any shore or waters, together with so much of the 
land adjoining such shore or waters, as he deems necessary for public 
access thereto.
    (d) The regulations in this part specify the standards with which 
local zoning ordinances for the Whiskeytown Unit must conform if the 
``improved property'' within the boundaries of that unit is to be exempt 
from acquisition by condemnation. The objectives of the regulations in 
this part are to: (1) Prohibit new commercial or industrial uses other 
than those which the Secretary considers to be consistent with the 
purposes of the act establishing the national recreation area; (2) 
promote the protection and development of properties in keeping with the 
purposes of that act by means of use, acreage, frontage, setback, 
density, height, or other requirements; and (3) provide that the 
Secretary receive notice of any variance granted under, or any exception 
made to, the application of the zoning ordinance approved by him.
    (e) Following promulgation of the regulations in this part in final 
form, the Secretary is required to approve any zoning ordinance or any 
amendment to an approved zoning ordinance submitted to him which 
conforms to the standards contained in the regulations in this part in 
effect at the time of adoption of the ordinance or amendment. Within 60 
days following submission, the county will be notified of the 
Secretary's approval or disapproval of the zoning ordinances or 
amendments thereto. If more than 60 days is required the county will be 
notified of the expected delay and of the additional time deemed 
necessary to reach a decision. The Secretary's approval shall remain 
effective so long as the zoning ordinances or amendments thereto remain 
in effect as approved.
    (f) Nothing contained in the regulations in this part or in the 
zoning ordinances or amendments adopted for the Whiskeytown Unit to 
implement the regulations in this part shall preclude the Secretary from 
exercising his power of condemnation at any time with respect to 
property other than ``improved property'' as defined herein. Nor shall 
the regulations in this part preclude the Secretary from otherwise 
fulfilling the responsibilities vested in him by the act authorizing 
establishment of the Whiskeytown-Shasta-Trinity National Recreation 
Area, by the Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 3), as 
amended and supplemented, and such other statutory authorities relating 
to the National Park System.



Sec. 30.2  General provisions.

    (a) Following issuance of the regulations in this part, Shasta 
County shall submit to the Secretary for his approval, all zoning 
ordinances and amendments thereto duly adopted by the county which are 
in force and applicable to property within the Whiskeytown Unit and 
which demonstrate conformity with the standards contained in the 
regulations in this part. This shall include any ordinances and 
amendments in effect prior to the issuance of the regulations in this 
part which demonstrate such conformity and any that have been adopted 
specifically to implement the regulations in this part.
    (b) Any new uses, and the location, design and scope of any new 
developments, permitted under the regulations in this part shall be 
harmonized with adjacent uses, developments and the natural features and 
shall be consistent with the current Master Plan proposed or adopted by 
the National Park Service for the Whiskeytown Unit, so as to minimize 
disruption of the natural scene and to further the public recreational 
purposes of the aforesaid establishment act for this unit.

[[Page 242]]

    (c) Zoning ordinances for the districts hereinafter prescribed shall 
conform to the general and specific standards contained in the 
regulations in this part to assure that use and development of the lands 
within the Whiskeytown Unit are consistent with the objectives of the 
Congress to protect and preserve the values of the lands in such unit 
for public use and enjoyment, as set out in the Act of November 8, 1965 
(79 Stat. 1295). Except as otherwise provided herein, no additional or 
increased commercial or industrial uses are permitted within these 
districts. Any existing nonconforming commercial or industrial uses 
shall be discontinued within 10 years from the date of this section: 
Provided, however, That with the approval of the Secretary such 10-year 
period may be extended by the county for an additional period of time 
sufficient to allow the owner a reasonable opportunity to amortize 
investments made in the property before November 8, 1965.



Sec. 30.3  Recreation District I.

    (a) Definition. This district shall comprise all those portions of 
the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area delineated as ``Recreation District I'' on a map bearing 
the identification NRA-WHI1000, and dated August 1966.
    (b) The following uses are permitted in Recreation District I 
provided the Shasta County Planning Commission has issued a use permit 
in each case:
    (1) Single-family dwellings, not including tents and trailers, but 
including servants' quarters in the same structure or in an accessory 
dwelling, and one noncommercial guest house. Such residential uses shall 
meet the following requirements:
    (i) Minimum building site area--3 acres; but a lesser acreage may be 
utilized for this purpose if, on or before February 7, 1963, the site 
was in separate ownership and within a recorded subdivision.
    (ii) Maximum building height--35 feet.
    (iii) Minimum frontage--150 feet.
    (iv) Minimum front yard setback--75 feet.
    (v) Minimum side yard setback--50 feet.
    (vi) Minimum rear yard setback--25 feet.
    (vii) Maximum percentage of lot coverage permitted--10 percent.
    (2) Moving, alteration, or improvement of existing residences or 
accessory structures provided there is compliance with the acreage, 
frontage, setback, density, height, and other requirements prescribed 
for residential uses under paragraph (b)(1) of this section, And 
provided, further, That such moving alteration, or improvement does not 
alter the residential character of the premises. Any moving, alteration 
or improvement of such structures that would result in a deviation from 
these prescribed limitations and requirements would subject the property 
to acquisition without consent of the owner, unless the Secretary has 
waived such limitations or requirements.
    (3) Tree farming under a timber management plan that conforms to the 
California Forest Practices Act.
    (4) Riding stables.
    (5) Campgrounds, organizational camps and picnic areas.
    (6) Limited agricultural uses such as truck gardening, provided 
these uses do not require the extensive cutting or clearing of wooded 
areas and are not otherwise destructive of natural or recreational 
values.
    (7) Clearing and removal of trees, shrubbery, and other vegetation 
to the extent necessary in order to permit the exercise of a use 
otherwise allowed within this district.
    (8) Recreational pursuits such as horseshoe pitching, archery, 
croquet, tennis, softball, volley ball, and similar outdoor game-type 
activities compatible with the recreational purposes of the area.
    (9) Religious and educational uses.
    (10) Removal of gravel, sand, and rock or other alteration of the 
landscape to the minimum extent necessary for the construction of an 
access road to the property on which a use is permitted. In all other 
circumstances, such removal or alteration shall be permitted only to the 
minimum extent

[[Page 243]]

necessary to make possible the exercise of a use otherwise permitted in 
this district.
    (11) Signs that are appurtenant to any permitted use and which (i) 
do not exceed 1 square foot in area for any residential use; (ii) do not 
exceed 4 square feet in area for any other use, including advertisement 
of the sale or rental of property; and (iii) which are not illuminated 
by any neon or flashing device. Such signs may be placed only on the 
property on which the advertised use occurs, or on the property which is 
advertised for sale or rental. Signs shall be subdued in appearance, 
harmonizing in design and color with the surroundings and shall not be 
attached to any tree or shrub. Nonconforming signs may continue such 
nonconformity until they are destroyed, moved, structurally altered or 
redesigned, but the period of such nonconformity may not exceed 2 years 
from the date a zoning ordinance containing this limitation is adopted 
by Shasta County.
    (12) Accessory uses and temporary removable structures appurtenant 
to any permitted use.
    (c) Any use not included above as a permitted use shall be deemed a 
prohibited use. Moreover, all land within the boundaries of the 
Whiskeytown Unit, except certain ``improved property'' as defined 
herein, will be acquired by the United States as rapidly as appropriated 
funds are made available therefor and before any development occurs 
thereon. Any property that is developed before such acquisition takes 
place will be subject to acquisition by the Secretary without consent of 
the owner.



Sec. 30.4  Recreation District II.

    (a) Definition: This district shall comprise all those portions of 
the Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National 
Recreation Area delineated as ``Recreation District II'' on a map 
bearing the identification NRA-WHI-1000 and dated August 1966.
    (b) The following uses are permitted in Recreation District II:
    (1) All uses permitted in Recreation District I, subject to all the 
limitations, conditions and requirements prescribed for such uses in 
that district.
    (2) The following additional uses are permitted in Recreation 
District II, provided the Shasta County Planning Commission has issued a 
use permit in each case:
    (i) Agricultural pursuits such as crop farming, grazing, animal 
husbandry, nurseries, and greenhouses.
    (ii) Stands for retail sales of products produced on the premises.
    (iii) Measures to promote conservation of soil, water, and 
vegetation, including reforestation and tree stand improvement, and 
measures to reduce fire hazards.
    (iv) Public or privately operated parks and playgrounds.
    (v) Trailer campgrounds.
    (vi) Golf courses.
    (vii) Heliports, provided they are located and screened so their 
operations will cause a minimum of interference with public recreational 
use and enjoyment of the area.
    (viii) Accessory structures, facilities, and utilities as necessary 
to make possible the exercise of any use otherwise permitted.
    (c) Structures developed for the exercise of the additional uses 
listed under paragraph (b)(2) of this section shall not exceed two 
stories in height (35 feet), shall have a minimum principal use area of 
5 acres, and shall have a front yard setback of not less than 100 feet 
from the nearest right-of-way line of a road or street. However, a 
lesser area than 5 acres may be utilized for such purposes if the 
property in question was in separate ownership on February 7, 1963.
    (d) Any use not included above as a permitted use shall be deemed a 
prohibited use. Moreover, all land within the boundaries of the 
Whiskeytown Unit, except certain ``improved property'' as defined 
herein, will be acquired by the United States as rapidly as appropriated 
funds are made available therefor and before any development occurs 
thereon. Any property that is developed before such acquisition takes 
place will be subject to acquisition by the Secretary without consent of 
the owner.

[[Page 244]]



Sec. 30.5  Variances, exceptions, and use permits.

    (a) Zoning ordinances or amendments thereto, for the zoning 
districts comprising the Whiskeytown Unit of the Whiskeytown-Shasta-
Trinity National Recreation Area may provide for the granting of 
variances and exceptions.
    (b) Zoning ordinances or amendments thereto for each of the 
districts established by the regulations in this part shall contain 
provisions advising applicants for variances and exceptions that, under 
section 2(f) of the Act of November 8, 1965, the authority of the 
Secretary to acquire ``improved property'' without the owner's consent 
would be reinstated (1) if such property is made the subject of a 
variance or exception to any applicable zoning ordinance that does not 
conform to any applicable standard contained in the regulations in this 
part; or (2) if such property is put to any use which does not conform 
to any applicable zoning ordinance approved by the Secretary.
    (c) The Shasta County Planning Commission, or private owners of 
``improved property'' may consult the Secretary as to whether the grant 
of any proposed variance or exception would terminate the suspension of 
his authority to acquire the affected property without consent of the 
owner, and may request the approval of a variance or exception by the 
Secretary: Provided, The Secretary is notified in writing at least 30 
days in advance of the hearing on the application for the variance or 
exception. The Secretary within 30 days after the receipt of a request 
for approval of a variance or exception, shall advise the owner or the 
Commission whether or not the intended use will subject the property to 
acquisition by condemnation. If more than 30 days is required by the 
Secretary for such determination, he shall so notify the owner or 
Commission, stating the additional time required and the reasons 
therefor.
    (d) The Secretary shall be given written notice of any variance 
granted under, or exception made to the application of, a zoning 
ordinance or amendment thereof approved by him. The Secretary shall be 
provided a copy of every use permit granted by the Shasta County 
Planning Commission authorizing any use or development of lands within 
the boundaries of the Whiskeytown Unit of the recreation area.



PART 34--EL PORTAL ADMINISTRATIVE SITE REGULATIONS--Table of Contents




Sec.
34.1  Purpose.
34.2  Applicability and scope.
34.3  Penalties.
34.4  Definitions.
34.5  Applicable regulations.
34.6  Fires.
34.7  Cultivation of controlled substances.
34.8  Preservation of natural, cultural and archeological resources.
34.9  Protective custody.
34.10  Saddle and pack animals.
34.11  Boating operations.
34.12  Information collection.

    Authority: 16 U.S.C. 1, 3, 47-1, 460l-6a(e).

    Source: 51 FR 29103, Aug. 14, 1986, unless otherwise noted.



Sec. 34.1  Purpose.

    These regulations provide for the protection of persons, property 
and natural and cultural resources within the El Portal Administrative 
Site.



Sec. 34.2  Applicability and scope.

    (a) The regulations in this part apply to all persons entering, 
using, visiting, residing on or otherwise within the boundaries of the 
El Portal Administrative Site. All regulations apply throughout the 
site, with certain specific exceptions provided for leased lands.
    (b) The regulations in this part may be enforced only by persons 
authorized to enforce the other provisions of this chapter.



Sec. 34.3  Penalties.

    (a) A person convicted of violating a provision of the regulations 
contained in this part shall be punished by a fine not exceeding $500 or 
by imprisonment not exceeding 6 months, or both, and shall be adjudged 
to pay all costs of the proceedings.
    (b) Notwithstanding the provision of paragraph (a) of this section, 
a person convicted of violating Sec. 34.5(b)(15) of this chapter shall 
be punished by a fine of not more than $100.

[[Page 245]]



Sec. 34.4  Definitions.

    When used in regulations in this part:
    Administrative site means all of the federally owned or controlled 
lands and waters administered by the National Park Service pursuant to 
16 U.S.C. 47-1 (72 Stat. 1772), in the vicinity of El Portal, 
California.
    Leased lands means all lands within the administrative site in which 
there is a lawful possessory interest in addition to that of the 
National Park Service, which have been leased, permitted or otherwise 
assigned by the Superintendent. All other lands within the 
administrative site are nonleased lands.



Sec. 34.5  Applicable regulations.

    The following sections and paragraphs of this chapter, as amended 
from time to time, apply to the administrative site and are hereby 
incorporated and made a part of this part except as modified by the 
regulations in this part:
    (a) General provisions. (1) 1.2(d) Applicability and scope; 
exception for administrative activities.
    (2) 1.4  Definitions.
    (3) 1.5  Closures and public use limits.
    (4) 1.6  Permits.
    (5) 1.7  Public notice.
    (b) Resource Protection, Public Use and Recreation.
    (1) 2.1  Preservation of natural, cultural and archeological 
resources.
    (2) 2.2  Wildlife protection.
    (3) 2.3  (a), (c) and (f) Fishing.
    (4) 2.4  Weapons, traps and nets.
    (5) 2.5  Research specimens.
    (6) 2.10  Camping and food storage.
    (7) 2.11  Picnicking.
    (8) 2.12  Audio disturbances.
    (9) 2.13  Fires.
    (10) 2.14  Sanitation.
    (11) 2.15  (a) (1), (3), (4) and (5); (c); (d); (e) and (f) Pets.
    (12) 2.17  Aircraft and air delivery.
    (13) 2.21  Smoking.
    (14) 2.22  Property.
    (15) 2.23  Recreation fees.
    (16) 2.30  Misappropriation of property and services.
    (17) 2.31  Trespassing, tampering and vandalism.
    (18) 2.32  Interfering with agency function.
    (19) 2.33  Report of injury or damage.
    (20) 2.34  Disorderly conduct.
    (21) 2.35  Alcoholic beverages and controlled substances.
    (22) 2.36  (a) Gambling.
    (23) 2.37  Noncommercial soliciting.
    (24) 2.38  Explosives.
    (25) 2.50  Special events.
    (26) 2.51  Public assemblies, meetings.
    (27) 2.52  Sale or distribution of printed matter.
    (28) 2.61  Residing on Federal lands.
    (29) 2.62  Memorialization.
    (c) Boating and Water Use Activities.
    (1) 3.1  Applicable regulations.
    (2) 3.3  Permits.
    (3)  3.4 Accidents.
    (4) 3.5  Inspections.
    (5) 3.6  (a) and (b) Prohibited operations.
    (6) 3.21  (a) (1), (2) and (b) Swimming and bathing.
    (d) Vehicles and traffic safety. (1) 4.2 State law applicable.
    (2) 4.4 Report of motor vehicle accident.
    (3) 4.10(a), (c)(1) and (c)(2) Travel on park roads and designated 
routes.
    (4) 4.11 Load, weight and size limits.
    (5) 4.12 Traffic control devices.
    (6) 4.14 Open container of alcoholic beverage.
    (7) 4.21 Speed limits.
    (8) 4.22 Unsafe operation.
    (9) 4.23 Operating under the influence of alcohol or drugs.
    (e) Commercial and Private Operations.
    (1) 5.1  Advertisements.
    (2) 5.2  Alcoholic beverages; sale of intoxicants.
    (3) 5.3  Business operations.
    (4) 5.5  Commercial photography.
    (5) 5.7  Construction of buildings or other facilities.
    (6) 5.8  Discrimination in employment practices.
    (7) 5.9  Discrimination in furnishing public accommodations and 
transportation services.
    (8) 5.13  Nuisances.
    (9) 5.14  Prospecting, mining, and mineral leasing.

[51 FR 29103, Aug. 14, 1986, as amended at 52 FR 10686, Apr. 2, 1987]

[[Page 246]]



Sec. 34.6  Fires.

    (a) All wildland, vehicular or structural fires shall be reported to 
the Superintendent immediately.
    (b) Nonconflicting provisions of the California State Forest and 
Fire Laws and Regulations are adopted as a part of this part. Violation 
of any of these regulations is prohibited.
    (c) The kindling of any open fire, including the burning of debris, 
is prohibited without a permit from the Superintendent.
    (d) On undeveloped, untended or otherwise open land, operating any 
equipment powered by an internal combustion engine without a spark 
arrestor maintained in effective working order is prohibited. Such spark 
arrestor shall also meet either the USDA Forest Service Standard 5100-1a 
or the Society of Automotive Engineers Recommended Practice J335 or 
J350.
    (e) The Superintendent may, during periods of high fire danger or 
diminished water supply, temporarily limit use and consumption of 
domestic water. These limitations shall be published. Violation of a 
limitation established by the Superintendent is prohibited.
    (f) An owner or operator of a commercial establishment located 
within the administrative site shall comply with applicable standards 
prescribed by the National Fire Codes, Federal OSHA, CAL OSHA and other 
applicable laws, regulations and standards.



Sec. 34.7  Cultivation of controlled substances.

    In addition to the provisions of Sec. 2.35 of this chapter, the 
planting, cultivating, harvesting, drying or processing of a controlled 
substance, or any part thereof, is prohibited.



Sec. 34.8  Preservation of natural, cultural and archeological resources.

    In addition to the provisions of Sec. 2.1 of this chapter, the 
following are in effect:
    (a) Upon nonleased lands, the cutting or removal of any tree, plant, 
or shrub or part thereof is prohibited without a permit from the 
Superintendent.
    (b) Upon leased lands, the cutting or removal of any tree, plant, 
shrub or part thereof that is six inches or less in diameter, for the 
purpose of maintaining its proper health and appearance or for reasons 
of public safety, is allowed. Cutting or removing any vegetation 
exceeding six inches in diameter without a permit from the 
Superintendent is prohibited.
    (c) Upon leased lands, the planting of personal gardens or domestic 
trees is allowed subject to all applicable Federal, State, and County 
agricultural regulations. Provided, however: the Superintendent may 
temporarily suspend this general privilege in the event of a water 
shortage or agricultural pest or disease emergency.
    (d) Wood gathering is prohibited except in accordance with 
conditions and within areas designated by the Superintendent. Violation 
of such conditions or gathering wood outside of designated areas is 
prohibited.



Sec. 34.9  Protective custody.

    (a) An authorized person, with reasonable cause to believe that a 
juvenile found within the administrative site has been unlawfully abused 
or neglected by any person living in the juvenile's place of residence, 
may take such juvenile into protective custody. An authorized person 
taking protective custody action pursuant to this paragraph shall 
deliver the juvenile to the care and custody of the appropriate State or 
local authorities.
    (b) An authorized person, with reasonable cause to believe that a 
person found within the administrative site is either temporarily or 
permanently psychologically or mentally impaired to a degree that the 
person is gravely disabled or that presents a clear danger to that 
person or another, may take such person into protective custody. An 
authorized person taking protective custody action pursuant to this 
paragraph shall deliver the person to the care of the Mariposa County 
Mental Health Authorities for an initial 72-hour evaluation in 
accordance with applicable provisions of the California Welfare and 
Institutions Code.
    (c) An authorized person may take into protective custody any 
juvenile found within the administrative site who is deemed to be a 
runaway according to applicable provisions of the California Welfare and 
Institutions Code.

[[Page 247]]

An authorized person taking protective custody action pursuant to this 
paragraph shall deliver the juvenile to the care and custody of the 
Mariposa County Sheriff's Office.



Sec. 34.10  Saddle and pack animals.

    The use of saddle and pack animals is prohibited without a permit 
from the Superintendent.



Sec. 34.11  Boating operations.

    The launching or operation of a motor boat is prohibited.



Sec. 34.12  Information collection.

    The information collection requirements contained in Secs. 34.6, 
34.8 and 34.10 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3501 et seq., and assigned clearance number 1024-0026. 
This information is being collected to solicit information necessary for 
the Superintendent to issue permits and other benefits, and to gather 
information. This information will be used to grant administrative 
benefits. The obligation to respond is required to obtain a benefit.



PART 51--CONCESSION CONTRACTS AND PERMITS--Table of Contents




Sec.
51.1  Authority.
51.2  Policy.
51.3  Definitions.
51.4  Solicitation and award of concession contracts where no right of 
          preference exists.
51.5  Solicitation and award of concession contracts where a right of 
          preference exists.
51.6  Preferential right for additional services where a right to 
          additional services and facilities exists by specific contract 
          provisions.
51.7  Sale, assignment, or encumbrance of concession contracts and 
          assets.
51.8  Public availability of concessions information.
51.9  Information collection.

    Authority: The Act of August 25, 1916, as amended and supplemented, 
16 U.S.C. 1 et seq., particularly the Concessions Policy Act of 1965, 16 
U.S.C. 20 et seq., and 16 U.S.C. 3.

    Source: 57 FR 40503, Sept. 3, 1992, unless otherwise noted.



Sec. 51.1  Authority.

    Concession contracts and permits are awarded by the Director on 
behalf of the Secretary of the Interior pursuant to the authority of the 
Act of August 25, 1916, as amended and supplemented, 16 U.S.C. 1 et 
seq., particularly, the Concessions Policies Act of 1965, 16 U.S.C. 20 
et seq., and 16 U.S.C. 3. All concession contracts and permits are 
subject to the requirements of this part 51. They are not Federal 
procurement contracts or permits within the meaning of statutory or 
regulatory requirements applicable to Federal procurement actions. 
Commercial use licenses are not concession contracts or permits, and, 
particularly, a commercial use licensee (or a person holding a similar 
nonconcession authorization) has no right of preference in renewal.



Sec. 51.2  Policy.

    It is the policy of the Secretary of the Interior, as mandated by 
law, to permit concessions in park areas only under carefully controlled 
safeguards against unregulated and indiscriminate use so that heavy 
visitation will not unduly impair park values and resources. Concession 
activities in park areas shall be limited to those that are necessary 
and appropriate for public use and enjoyment of the park areas in which 
they are located and that are consistent to the highest practicable 
degree with the preservation and conservation of the park areas.



Sec. 51.3  Definitions.

    The following definitions shall apply to this part 51:
    (a) Concession contracts and concession permits (or contracts and 
permits) are agreements between the Director and a concessioner whereby 
the concessioner agrees to provide certain visitor accommodations, 
facilities or services within a park area under the administration of 
the Director. The Director authorizes concession operations by both 
contracts and permits. Contracts are used for larger operations and 
permits for those of less complexity. Throughout this document, wherever 
the term contract or concession contract are used, they shall, unless 
otherwise indicated, refer to both types of authorization documents.

[[Page 248]]

    (b) Right of Preference refers to the right of an existing 
satisfactory concessioner to a preference in the extension or renewal of 
its contract or a new contract concerning all or part of substantially 
the same accommodations, facilities and services as provided by 
concessioner under the the terms of its existing contract if the 
Director chooses to continue to authorize all or part of such 
accommodations, facilities and services in an extended, renewed or new 
contract as necessary and appropriate concession activities.
    (c) Preferential Right refers to a contractual right which may be 
included in concession contracts (not permits) in the discretion of the 
Director to provide new or additional visitor accommodations, facilities 
and services of the same character as authorized under the 
concessioner's contract if the Director considers such new or additional 
concession activities necessary and appropriate for the accommodation 
and convenience of the public. A preferential right to new or additional 
services shall be granted only upon a specific written finding by the 
Director that the granting of such a contractual right because of 
exceptional circumstances is in the public interest.

[57 FR 40503, Sept. 3, 1992, as amended at 62 FR 30235, June 3, 1997]



Sec. 51.4  Solicitation and award of concession contracts where no right of preference exists.

    The following procedures shall be applicable to the solicitation and 
award of concession contracts, including renewals and extensions of 
concession contracts, where no right of preference to the contract 
exists:
    (a) The Director shall issue a prospectus soliciting proposals 
describing the concession operation to be authorized, the material terms 
and conditions of the proposed concession contract, and the principal 
factors considered in selection. Advertisement of the availability of 
the concession opportunity shall be published in the Commerce Business 
Daily and, for contracts or permits requiring Congressional review 
pursuant to 16 U.S.C. 1a-7(c), in the Federal Register. Notices may also 
be published, if appropriate, in local or national newspapers or trade 
magazines. The notice will be distributed to interested parties and 
organizations. In order to encourage minority and women-owned businesses 
to compete for concession contracts, the National Park Service shall 
provide maximum allowable information and assistance to minority and 
women-owned business. The prospectus will be made available upon request 
to all interested parties and will allow a reasonable period of time for 
submission of offers with a minimum of 60 days unless a written 
determination is made that a shorter period is necessary because of 
exceptional circumstances. All offers received shall be evaluated by the 
Director, and the offeror submitting the offer considered best by the 
Director on an overall basis shall be awarded the contract.
    (b) The principal factors to be considered in selection of the best 
offer shall be:
    (1) The experience and related background of the offeror;
    (2) The offeror's financial capability; and
    (3) Conformance to the terms and conditions of the prospectus in 
relation to quality of service to the visitor.


Secondary factors shall include franchise fee offered and other factors 
as may be specified.
    (c) The Director may solicit from any offeror additional written 
information or clarification of an offer, and may extend the 
solicitation period in his or her discretion. The Director may choose to 
reject all offers received at any time and resolicit or cancel the 
solicitation altogether in his or her discretion. Any material 
information made available to any offeror or other party by the Director 
is to be made available to all offerors, and will be available to the 
public upon request.
    (d) The execution of the final contract by the selected offeror 
shall occur promptly upon award within a time period established by the 
Director. Failure by the selected offeror to execute the final contract 
in this period shall result in cancellation of the award by the Director 
and resolicitation or award to another offeror. Substantive amendments 
which improve the proposed terms and conditions of the contract for the 
offeror, as compared to

[[Page 249]]

those set forth in the prospectus, may be permitted only after 
solicitation of the amended concession opportunity for an appropriate 
period of time. Changes benefiting only the Government do not require 
solicitation. Concession contracts with anticipated annual gross 
receipts in excess of $100,000 or of five (5) years or more in duration, 
shall be forwarded to the Congress pursuant to 16 U.S.C. 1a-7(c) prior 
to execution by the Director. The Director may, in his or her 
discretion, terminate the award of a concession contract at any time 
prior to execution by the Government and resolicit or cancel the 
solicitation. No offeror or other interested party shall be considered 
to have obtained compensable or other legal rights as a result of a 
resolicited or canceled solicitation or award of a concession contract.
    (e) The terms and conditions of the solicitation must represent the 
requirements of the Director and not be developed to accommodate the 
capabilities or limitations of any particular party.
    (f) Upon a written determination that exceptional circumstances 
warrant waiver of the procedures described in this subsection in the 
public interest, to protect visitor or park resources or otherwise, the 
Director may negotiate a concession contract with any qualified party 
without public notice or advertising.

[57 FR 40503, Sept. 3, 1992; 57 FR 46509, Oct. 9, 1992]



Sec. 51.5  Solicitation and award of concession contracts where a right of preference exists.

    Except as follows, the procedures described in Sec. 51.4 shall apply 
to the solicitation and award of concession contracts, including 
renewals and extensions of contracts, where an existing satisfactory 
concessioner is entitled to a right of preference to the contract:
    (a) Prior to the issuance of a prospectus, the Director shall 
determine, based on annual evaluations conducted during the term of the 
contract, whether or not the existing concessioner has performed in a 
satisfactory, marginal, or unsatisfactory manner over the term of the 
contract. The annual evaluations shall be based on the concessioner's 
operational performance as well as its compliance with the terms and 
conditions of the contract. In addition, if the concessioner is rated 
unsatisfactory in the year prior to the issuance of the prospectus, or 
marginal during the two years preceding the issuance of the prospectus, 
the concessioner's overall performance shall not be considered 
satisfactory. If the concessioner's overall performance over the term of 
the concession contract is determined to have been satisfactory, it is 
entitled to the preference in the renewal of its contract as described 
herein. However, if, after a prospectus which recognizes a right of 
preference is issued, a concessioner is rated pursuant to an annual 
evaluation as unsatisfactory by the Director, the Director shall cancel 
the solicitation or contract award and reissue the solicitation without 
a right of preference. A concessioner whose overall performance has been 
less than satisfactory as determined by the Director is not entitled to 
a right of preference. Additionally, if a concessioner has or will have 
operated less than two (2) consecutive years prior to the expiration of 
its contract as a result of acquiring, subsequent to the effective date 
of these regulations, a concession, or a controlling interest in a 
concession, as described in Sec. 51.7(b) hereof, by a transfer, 
purchase, assignment, or otherwise, the concessioner shall not be 
entitled to a right of preference in the renewal of its contract. For 
the purposes of this section, the concessioner's first day of operation 
will be considered the date on which the Director approved in writing 
the acquisition in question. The Director may, in his or her discretion, 
grant an exception from this two (2) year provision if the Director 
determines that the transaction was a result of circumstances beyond the 
selling or transferring concessioner's control.
    (b) A prospectus will be developed by the Director and will describe 
the existing satisfactory concessioner's right of preference, if any, as 
well as the material terms and conditions under which the Director 
proposes to award the contract.
    (c) The concessioner with a right of preference shall be required to 
submit a responsive offer (a timely offer which

[[Page 250]]

the Director determines meets the terms and conditions of the 
prospectus) pursuant to the prospectus. If the concessioner fails to do 
so, the right of preference shall be considered to have been waived and 
the contract shall be awarded to the party submitting the best 
responsive offer. If no other responsive offers were received, the 
concession opportunity shall be resolicited and no right of preference 
shall apply to the concession opportunity unless the concession 
opportunity is resolicited upon terms and conditions that are 
substantially different from the terms and conditions of the initial 
prospectus. Such award to another responsive offeror or resolicitation 
without a right of preference shall also occur where a concessioner with 
a right of preference is awarded a contract but fails to execute it 
within the time period established by the Director.
    (d) All responsive offers received pursuant to a prospectus where a 
right of preference is applicable to the concession opportunity shall be 
evaluated on an equal basis. If an offer other than a responsive offer 
of the existing satisfactory concessioner is determined to be the best 
offer, the party submitting the best offer will be awarded the contract 
or permit, provided that the existing satisfactory concessioner shall be 
given an opportunity to amend its offer to meet the terms and conditions 
of the best offer. If the existing satisfactory concessioner does so 
within the period of time allowed by the Director, and its offer, as 
amended, is, in the judgment of the Director, at least substantially 
equal to the best offer and the existing concessioner is capable of 
carrying out its terms, the existing concessioner shall be selected for 
award of the contract upon the amended terms and conditions.
    (e) The requirement for public notice and evaluation of offers 
received may not be waived.



Sec. 51.6  Preferential right for additional services where a right to additional services and facilities exists by specific contract provisions.

    Where the Director seeks to authorize new or additional 
accommodations, facilities and services of generally the same character 
as provided by an existing satisfactory concessioner in a park area, and 
such concessioner by concession contract has a right to provide such 
additional services, the Director independently shall develop a 
description of the new or additional services and the terms and 
conditions upon which they are to be provided without reference to any 
private party, including the existing concessioner, and give the 
existing concessioner a reasonable opportunity to review such 
descriptions to determine if it wishes to provide the services. If so, 
the Director shall authorize the additional services by amendment to the 
concessioner's contract. If the existing concessioner does not agree to 
provide the additional services upon the terms and conditions described, 
the Director shall authorize the additional services to be provided by a 
new concessioner under substantially the same terms and conditions and 
pursuant to the procedures of Sec. 51.4 hereof.



Sec. 51.7  Sale, assignment or encumbrance of concession contracts and assets.

    (a) Concession contracts, or operations authorized thereby, 
controlling interests therein, or assets of a concessioner, may not be 
transferred, sold, assigned, or encumbered in any manner, including, but 
not limited to, stock purchases, mergers, consolidations, 
reorganizations, mortgages, liens or collateralization, except with the 
prior written approval of the Director. Such approval is not a matter of 
right to the concessioner. Transfers, sales, assignments, or 
encumbrances consummated in violation of this requirement shall be 
considered null and void by the Director and a material breach of the 
contract resulting in termination of the contract for cause.
    (b) The term ``controlling interest'' as used herein means, in the 
case of corporate concessioners, an interest, beneficial or otherwise, 
of sufficient outstanding voting securities or capital of the 
concessioner or related entities so as to permit exercise of managerial 
authority over the actions and operations of the concessioner or 
election of a majority of the Board of Directors

[[Page 251]]

of the concessioner, and, in the instance of a partnership, limited 
partnership, joint venture or individual entrepreneurship, beneficial 
ownership of the capital assets of the concessioner so as to permit 
exercise of managerial authority over the actions and operations of the 
concessioner. In other circumstances, the term refers to any arrangement 
under which a third party gains the ability to exercise managerial 
authority over the actions operations of the concessioner.
    (c) Prior to consummating any transaction which may constitute the 
type of transaction described in subsection (a) hereof, the concessioner 
will request the Director in writing to review the transaction and 
provide the Director the following information:
    (1) All instruments proposed to implement the transaction;
    (2) An opinion of counsel from the buyer to the effect that the 
proposed transaction is lawful under all applicable Federal and State 
laws;
    (3) A narrative description of the proposed transaction and the 
operational plans for conducting the operation;
    (4) A statement as to the existence of any litigation questioning 
the validity of the proposed transaction;
    (5) A description of the management qualifications and financial 
background of the proposed transferee, if any;
    (6) A statement as to whether the proposed transaction constitutes 
the sale, assignment or transfer of a controlling interest as described 
herein and the particulars thereof;
    (7) A detailed description of the financial aspects of the proposed 
transaction including but not limited to prospective financial 
statements (a ``forecast'') that have been examined by an independent 
accounting firm and that demonstrate to the satisfaction of the Director 
that the purchase price is reasonable based on the objective of having a 
satisfactory concession operation that will generate a reasonable profit 
over the remaining term of the contract, with rates to the public not 
exceeding existing approved rates;
    (8) A schedule which allocates in detail the purchase price to the 
assets acquired, together with the basis for the allocation;
    (9) If the transaction may result in an encumbrance on the 
concessioner's assets, full particulars of the terms and conditions of 
the encumbrance; and
    (10) Such other information as the Director may require.

The Director may waive portions of these documentation requirements in 
circumstances where particular documents are considered unnecessary for 
the Director's review purposes.
    (d) The Director may choose to disapprove a transaction as described 
herein in his or her discretion or may place appropriate conditions on 
any approval, including modification of the terms and conditions of the 
concession contract, as a condition of approval. Among other 
circumstances, the Director may choose not to approve a transaction if 
the concessioner does not accept appropriate modifications intended to 
assure that consideration flowing to the Government under the contract 
is consistent with the probable value of the privileges granted by the 
contract. The Director shall not approve a transaction that the Director 
considers may result in decreased quality of service to the public, the 
lack of a reasonable opportunity for profit over the remaining term of 
the contract, or in rates higher than comparable rates being charged to 
the public. Further, the Director shall not approve a transaction if a 
significant portion of the purchase price is attributable either 
directly or indirectly to intangible assets or values emanating from the 
privileges granted by the concession contract (including, but not 
limited to, a right of preference in contract renewal, user days, 
allocated entries or trips, and low fees and charges). 16 U.S.C. 3 and 
certain concession contracts contain provisions which limit the purposes 
for which contracts may be encumbered. Such limitations are an element 
of the Director's review of such transactions. In addition, the Director 
shall not exercise the authorities contained in this section with 
respect to concession contracts in effect prior to the effective date of 
these regulations if the Director considers that such exercise would 
constitute a material breach of the terms of the concession contract at 
issue.

[[Page 252]]



Sec. 51.8  Public availability of concessions information.

    Among other information which may be required by contract or 
otherwise, the following information shall be contained in the financial 
statements submitted to the Director by a concessioner and shall be made 
available to the public by the Director: Gross receipts broken out by 
department for the 3 most recent years; franchise fees charged broken 
out by building use fee and percentage fee for the 3 most recent years; 
merchandise inventories for the 3 most recent years; and the depreciable 
fixed assets and net depreciable fixed assets of the concessioner. Other 
information may also be made available to the public to the extent 
permitted by law. The authority in this section shall not be exercised 
by the Director with respect to contracts in effect prior to the 
effective date of these regulations if the Director determines that such 
exercise would constitute a material breach of the concession contract 
at issue.



Sec. 51.9  Information collection.

    (a) The collections of information contained in this rule have been 
approved by the Office of Management and Budget as required by 44 U.S.C. 
3051 et seq. and assigned clearance numbers 1024-0095 (contracting 
procedures, Secs. 51.4-51.6), and 1024-0096 (sales and transfers, 
Sec. 51.7). Response is required to obtain a benefit in accordance with 
16 U.S.C. 20, et seq.
    (b) The public reporting burden for the collection of information 
for the purpose of preparing an offer in response to a contract 
solicitation is estimated to average 80 hours per offer. The public 
reporting burden for the collection of information for the purpose of 
reporting a sale or transfer of a concession operation is estimated to 
be 160 hours for a large operation, and 32 hours for a small operation. 
Please send comments regarding this burden estimate or any other aspect 
of this collection of information, including suggestions for reducing 
the burden, to Information Collection Officer, National Park Service, 
800 North Capitol Street, NW., Washington, DC 20002; and the Office of 
Management and Budget, Paperwork Reduction Act (1024-0095 and 1024-
0096), Washington, DC 20503.

[57 FR 40503, Sept. 3, 1992, as amended at 58 FR 36598, July 8, 1993]



PART 59--LAND AND WATER CONSERVATION FUND PROGRAM OF ASSISTANCE TO STATES; POST-COMPLETION COMPLIANCE RESPONSIBILITIES--Table of Contents




Sec.
59.1  Applicability.
59.2  Information collection.
59.3  Conversion requirements.
59.4  Residency requirements.
59.5--59.6  [Reserved]

    Authority: Sec. 6, L&WCF Act of 1965 as amended; Pub. L. 88-578; 78 
Stat. 897; 16 U.S.C. 4601-4 et seq.

    Source: 51 FR 34184, Sept. 25, 1986, unless otherwise noted.



Sec. 59.1  Applicability.

    These post-completion responsibilities apply to each area or 
facility for which Land and Water Conservation Fund (L&WCF) assistance 
is obtained, regardless of the extent of participation of the program in 
the assisted area or facility and consistent with the contractural 
agreement between NPS and the State. Responsibility for compliance and 
enforcement of these provisions rests with the State for both State and 
locally sponsored projects. The responsibilities cited herein are 
applicable to the area depicted or otherwise described on the 6(f)(3) 
boundary map and/or as described in other project documentation approved 
by the Department of the Interior. In many instances, this mutually 
agreed to area exceeds that actually receiving L&WCF assistance so as to 
assure the protection of a viable recreation entity. For leased sites 
assisted under L&WCF, compliance with post-completion requirements of 
the grant ceases following lease expiration unless the grant agreement 
calls for some other arrangement.



Sec. 59.2  Information collection.

    The information collection requirements contained in Sec. 59.3 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq.

[[Page 253]]

and assigned clearance number 1024-0047. The information is being 
collected to determine whether to approve a project sponsor's request to 
convert an assisted site or facility to other than public outdoor 
recreation uses. The information will be used to assure that the 
requirements of section 6(f)(3) of the L&WCF Act would be met should the 
proposed conversion be implemented. Response is required in order to 
obtain the benefit of Department of the Interior approval.



Sec. 59.3  Conversion requirements.

    (a) Background and legal requirements. Section 6(f)(3) of the L&WCF 
Act is the cornerstone of Federal compliance efforts to ensure that the 
Federal investments in L&WCF assistance are being maintained in public 
outdoor recreation use. This section of the Act assures that once an 
area has been funded with L&WCF assistance, it is continually maintained 
in public recreation use unless NPS approves substitution property of 
reasonably equivalent usefulness and location and of at least equal fair 
market value.
    (b) Prerequisites for conversion approval. Requests from the project 
sponsor for permission to convert L&WCF assisted properties in whole or 
in part to other than public outdoor recreation uses must be submitted 
by the State Liaison Officer to the appropriate NPS Regional Director in 
writing. NPS will consider conversion requests if the following 
prerequisites have been met:
    (1) All practical alternatives to the proposed conversion have been 
evaluated.
    (2) The fair market value of the property to be converted has been 
established and the property proposed for substitution is of at least 
equal fair market value as established by an approved appraisal 
(prepared in accordance with uniform Federal appraisal standards) 
excluding the value of structures or facilities that will not serve a 
recreation purpose.
    (3) The property proposed for replacement is of reasonably 
equivalent usefulness and location as that being converted. Dependent 
upon the situation and at the discretion of the Regional Director, the 
replacement property need not provide identical recreation experiences 
or be located at the same site, provided it is in a reasonably 
equivalent location. Generally, the replacement property should be 
administered by the same political jurisdiction as the converted 
property. NPS will consider State requests to change the project sponsor 
when it is determined that a different political jurisdiction can better 
carry out the objectives of the original project agreement. Equivalent 
usefulness and location will be determined based on the following 
criteria:
    (i) Property to be converted must be evaluated in order to determine 
what recreation needs are being fulfilled by the facilities which exist 
and the types of outdoor recreation resources and opportunities 
available. The property being proposed for substitution must then be 
evaluated in a similar manner to determine if it will meet recreation 
needs which are at least like in magnitude and impact to the user 
community as the converted site. This criterion is applicable in the 
consideration of all conversion requests with the exception of those 
where wetlands are proposed as replacement property. Wetland areas and 
interests therein which have been identified in the wetlands provisions 
of the Statewide Comprehensive Outdoor Recreation Plan shall be 
considered to be of reasonably equivalent usefulness with the property 
proposed for conversion regardless of the nature of the property 
proposed for conversion.
    (ii) Replacement property need not necessarily be directly adjacent 
to or close by the converted site. This policy provides the 
administrative flexibility to determine location recognizing that the 
property should meet existing public outdoor recreation needs. While 
generally this will involve the selection of a site serving the same 
community(ies) or area as the converted site, there may be exceptions. 
For example, if property being converted is in an area undergoing major 
demographic change and the area has no existing or anticipated future 
need for outdoor recreation, then the project sponsor should seek to 
locate the substitute area in another location within the jurisdiction. 
Should a local project sponsor be unable to replace converted

[[Page 254]]

property, the State would be responsible, as the primary recipient of 
Federal assistance, for assuring compliance with these regulations and 
the substitution of replacement property.
    (iii) The acquisition of one parcel of land may be used in 
satisfaction of several approved conversions.
    (4) The property proposed for substitution meets the eligibility 
requirements for L&WCF assisted acquisition. The replacement property 
must constitute or be part of a viable recreation area. Unless each of 
the following additional conditions is met, land currently in public 
ownership, including that which is owned by another public agency, may 
not be used as replacement land for land acquired as part of an L&WCF 
project:
    (i) The land was not acquired by the sponsor or selling agency for 
recreation.
    (ii) The land has not been dedicated or managed for recreational 
purposes while in public ownership.
    (iii) No Federal assistance was provided in the original acquisition 
unless the assistance was provided under a program expressly authorized 
to match or supplement L&WCF assistance.
    (iv) Where the project sponsor acquires the land from another public 
agency, the selling agency must be required by law to receive payment 
for the land so acquired.

In the case of development projects for which the State match was not 
derived from the cost of the purchase or value of a donation of the land 
to be converted, but from the value of the development itself, public 
land which has not been dedicated or managed for recreation/conservation 
use may be used as replacement land even if this land is transferred 
from one public agency to another without cost.
    (5) In the case of assisted sites which are partially rather than 
wholly converted, the impact of the converted portion on the remainder 
shall be considered. If such a conversion is approved, the unconverted 
area must remain recreationally viable or be replaced as well.
    (6) All necessary coordination with other Federal agencies has been 
satisfactorily accomplished including, for example, compliance with 
section 4(f) of the Department of Transportation Act of 1966.
    (7) The guidelines for environmental evaluation have been 
satisfactorily completed and considered by NPS during its review of the 
proposed 6(f)(3) action. In cases where the proposed conversion arises 
from another Federal action, final review of the State's proposal shall 
not occur until the NPS Regional office is assured that all 
environmental review requirements related to that other action have been 
met.
    (8) State intergovernmental clearinghouse review procedures have 
been adhered to if the proposed conversion and substitution constitute 
significant changes to the original Land and Water Conservation Fund 
project.
    (9) The proposed conversion and substitution are in accord with the 
Statewide Comprehensive Outdoor Recreation Plan (SCORP) and/or 
equivalent recreation plans.
    (c) Amendments for conversion. All conversions require amendments to 
the original project agreements. Therefore, amendment requests should be 
submitted concurrently with conversion requests or at such time as all 
details of the conversion have been worked out with NPS. Section 6(f)(3) 
project boundary maps shall be submitted with the amendment request to 
identify the changes to the original area caused by the proposed 
conversion and to establish a new project area pursuant to the 
substitution. Once the conversion has been approved, replacement 
property should be immediately acquired. Exceptions to this rule would 
occur only when it is not possible for replacement property to be 
identified prior to the State's request for a conversion. In such cases, 
an express commitment to satisfy section 6(f)(3) substitution 
requirements within a specified period, normally not to exceed one year 
following conversion approval, must be received from the State. This 
commitment will be in the form of an amendment to the grant agreement.
    (d) Obsolete facilities. Recipients are not required to continue 
operation of a particular facility beyond its useful life. However, when 
a facility is declared obsolete, the site must nonetheless be maintained 
for public outdoor recreation following discontinuance of

[[Page 255]]

the assisted facility. Failure to so maintain is considered to be a 
conversion. Requests regarding changes from a L&WCF funded facility to 
another otherwise eligible facility at the same site that significantly 
contravene the original plans for the area must be made in writing to 
the Regional Director. NPS approval must be obtained prior to the 
occurrence of the change. NPS approval is not necessarily required, 
however, for each and every facility use change. Rather, a project area 
should be viewed in the context of overall use and should be monitored 
in this context. A change from a baseball field to a football field, for 
example, would not require NPS approval. A change from a swimming pool 
with substantial recreational development to a less intense area of 
limited development such as a passive park, or vice versa, would, 
however, require NPS review and approval. To assure that facility 
changes do not significantly contravene the original project agreement, 
NPS shall be notified by the State of all proposed changes in advance of 
their occurrence. A primary NPS consideration in the review of requests 
for changes in use will be the consistency of the proposal with the 
Statewide Comprehensive Outdoor Recreation Plan and/or equivalent 
recreation plans. Changes to other than public outdoor recreation use 
require NPS approval and the substitution of replacement land in 
accordance with section 6(f)(3) of the L&WCF Act and paragraphs (a) 
through (c) of this section.

[51 FR 34184, Sept. 25, 1986, as amended at 52 FR 22747, June 15, 1987]



Sec. 59.4  Residency requirements.

    (a) Background. Section 6(f)(8) of the L&WCF Act prohibits 
discrimination on the basis of residence, including preferential 
reservation or membership systems, except to the extent that reasonable 
differences in admission and other fees may be maintained on such basis. 
This prohibition applies to both regularly scheduled and special events. 
The general provisions regarding non-discrimination at sites assisted 
under Interior programs and, thereby, all other recreation facilities 
managed by a project sponsor, are covered in 43 CFR part 17 which 
implements the provisions of Title VI of the Civil Rights Act of 1964 
for the Department.
    (b) Policy. There shall be no discrimination for L&WCF assisted 
programs and services on the basis of residence, except in reasonable 
fee differentials. Post-completion compliance responsibilities of the 
recipient should continue to ensure that discrimination on the basis of 
residency is not occurring.
    (c) Fees. Fees charged to nonresidents cannot exceed twice that 
charged to residents. Where there is no charge for residents but a fee 
is charged to nonresidents, nonresident fees cannot exceed fees charged 
for residents at comparable State or local public facilities. 
Reservation, membership, or annual permit systems available to residents 
must also be available to nonresidents and the period of availability 
must be the same for both residents and nonresidents. Recipients are 
prohibited from providing residents the option of purchasing annual or 
daily permits while at the same time restricting nonresidents to the 
purchase of annual permits only. These provisions apply only to the 
approved 6(f)(3) areas applicable to the recipient. Nonresident fishing 
and hunting license fees are excluded from these requirements.



Secs. 59.5--59.6  [Reserved]



PART 60--NATIONAL REGISTER OF HISTORIC PLACES--Table of Contents




Sec.
60.1  Authorization and expansion of the National Register.
60.2  Effects of listing under Federal law.
60.3  Definitions.
60.4  Criteria for evaluation.
60.5  Nomination forms and information collection.
60.6  Nominations by the State Historic Preservation Officer under 
          approved State Historic Preservation programs.
60.7--60.8  [Reserved]
60.9  Nominations by Federal agencies.
60.10  Concurrent State and Federal nominations.
60.11  Requests for nominations.
60.12  Nomination appeals.
60.13  Publication in the Federal Register and other NPS notification.
60.14  Changes and revisions to properties listed in the National 
          Register.
60.15  Removing properties from the National Register.


[[Page 256]]


    Authority: National Historic Preservation Act of 1966, as amended, 
16 U.S.C. 470 et seq., and E.O. 11593.

    Source: 46 FR 56187, Nov. 16, 1981, unless otherwise noted.



Sec. 60.1  Authorization and expansion of the National Register.

    (a) The National Historic Preservation Act of 1966, 80 Stat. 915, 16 
U.S.C. 470 et seq., as amended, authorizes the Secretary of the Interior 
to expand and maintain a National Register of districts, sites, 
buildings, structures, and objects significant in American history, 
architecture, archeology, engineering and culture. The regulations 
herein set forth the procedural requirements for listing properties on 
the National Register.
    (b) Properties are added to the National Register through the 
following processes.
    (1) Those Acts of Congress and Executive orders which create 
historic areas of the National Park System administered by the National 
Park Service, all or portions of which may be determined to be of 
historic significance consistent with the intent of Congress;
    (2) Properties declared by the Secretary of the Interior to be of 
national significance and designated as National Historic Landmarks;
    (3) Nominations prepared under approved State Historic Preservation 
Programs, submitted by the State Historic Preservation Officer and 
approved by the NPS;
    (4) Nominations from any person or local government (only if such 
property is located in a State with no approved State Historic 
Preservation Program) approved by the NPS and;
    (5) Nominations of Federal properties prepared by Federal agencies, 
submitted by the Federal Preservation Officer and approved by NPS.



Sec. 60.2  Effects of listing under Federal law.

    The National Register is an authoritative guide to be used by 
Federal, State, and local governments, private groups and citizens to 
identify the Nation's cultural resources and to indicate what properties 
should be considered for protection from destruction or impairment. 
Listing of private property on the National Register does not prohibit 
under Federal law or regulation any actions which may otherwise be taken 
by the property owner with respect to the property.
    (a) The National Register was designed to be and is administered as 
a planning tool. Federal agencies undertaking a project having an effect 
on a listed or eligible property must provide the Advisory Council on 
Historic Preservation a reasonable opportunity to comment pursuant to 
section 106 of the National Historic Preservation Act of 1966, as 
amended. The Council has adopted procedures concerning, inter alia, 
their commenting responsibility in 36 CFR part 800. Having complied with 
this procedural requirement the Federal agency may adopt any course of 
action it believes is appropriate. While the Advisory Council comments 
must be taken into account and integrated into the decisionmaking 
process, program decisions rest with the agency implementing the 
undertaking.
    (b) Listing in the National Register also makes property owners 
eligible to be considered for Federal grants-in-aid for historic 
preservation.
    (c) If a property is listed in the National Register, certain 
provisions of the Tax Reform Act of 1976 as amended by the Revenue Act 
of 1978 and the Tax Treatment Extension Act of 1980 may apply. These 
provisions encourage the preservation of depreciable historic structures 
by allowing favorable tax treatments for rehabilitation, and discourage 
destruction of historic buildings by eliminating certain otherwise 
available Federal tax provisions both for demolition of historic 
structures and for new construction on the site of demolished historic 
buildings. Owners of historic buildings may benefit from the investment 
tax credit provisions of the Revenue Act of 1978. The Economic Recovery 
Tax Act of 1981 generally replaces the rehabilitation tax incentives 
under these laws beginning January 1, 1982 with a 25% investment tax 
credit for rehabilitations of historic commercial, industrial and 
residential buildings. This can be combined with a 15-year cost recovery 
period for the adjusted basis of the historic building. Historic 
buildings with certified rehabilitations receive additional tax

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savings by their exemption from any requirement to reduce the basis of 
the building by the amount of the credit. The denial of accelerated 
depreciation for a building built on the site of a demolished historic 
building is repealed effective January 1, 1982. The Tax Treatment 
Extension Act of 1980 includes provisions regarding charitable 
contributions for conservation purposes of partial interests in 
historically important land areas or structures.
    (d) If a property contains surface coal resources and is listed in 
the National Register, certain provisions of the Surface Mining and 
Control Act of 1977 require consideration of a property's historic 
values in the determination on issuance of a surface coal mining permit.



Sec. 60.3  Definitions.

    (a) Building. A building is a structure created to shelter any form 
of human activity, such as a house, barn, church, hotel, or similar 
structure. Building may refer to a historically related complex such as 
a courthouse and jail or a house and barn.

                                Examples

Molly Brown House (Denver, CO)
Meek Mansion and Carriage House (Hayward, CA)
Huron County Courthouse and Jail (Norwalk, OH)
Fairntosh Plantation (Durham vicinity, NC)

    (b) Chief elected local official. Chief elected local official means 
the mayor, county judge, county executive or otherwise titled chief 
elected administrative official who is the elected head of the local 
political jurisdiction in which the property is located.
    (c) Determination of eligibility. A determination of eligibility is 
a decision by the Department of the Interior that a district, site, 
building, structure or object meets the National Register criteria for 
evaluation although the property is not formally listed in the National 
Register. A determination of eligibility does not make the property 
eligible for such benefits as grants, loans, or tax incentives that have 
listing on the National Register as a prerequisite.
    (d) District. A district is a geographically definable area, urban 
or rural, possessing a significant concentration, linkage, or continuity 
of sites, buildings, structures, or objects united by past events or 
aesthetically by plan or physical development. A district may also 
comprise individual elements separated geographically but linked by 
association or history.

                                Examples

Georgetown Historic District (Washington, DC)
Martin Luther King Historic District (Atlanta, GA)
Durango-Silverton Narrow-Gauge Railroad (right-of-way between Durango 
and Silverton, CO)

    (e) Federal Preservation Officer. The Federal Preservation Officer 
is the official designated by the head of each Federal agency 
responsible for coordinating that agency's activities under the National 
Historic Preservation Act of 1966, as amended, and Executive Order 11593 
including nominating properties under that agency's ownership or control 
to the National Register.
    (f) Keeper of the National Register of Historic Places. The Keeper 
is the individual who has been delegated the authority by NPS to list 
properties and determine their eligibility for the National Register. 
The Keeper may further delegate this authority as he or she deems 
appropriate.
    (g) Multiple Resource Format submission. A Multiple Resource Format 
submission for nominating properties to the National Register is one 
which includes all or a defined portion of the cultural resources 
identified in a specified geographical area.
    (h) National Park Service (NPS). The National Park Service is the 
bureau of the Department of Interior to which the Secretary of Interior 
has delegated the authority and responsibility for administering the 
National Register program.
    (i) National Register Nomination Form. National Register Nomination 
Form means (1) National Register Nomination Form NPS 10-900, with 
accompanying continuation sheets (where necessary) Form NPS 10-900a, 
maps and photographs or (2) for Federal nominations, Form No. 10-306, 
with continuation sheets (where necessary)

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Form No. 10-300A, maps and photographs. Such nomination forms must be 
``adequately documented'' and ``technically and professionally correct 
and sufficient.'' To meet these requirements the forms and accompanying 
maps and photographs must be completed in accord with requirements and 
guidance in the NPS publication, ``How to Complete National Register 
Forms'' and other NPS technical publications on this subject. 
Descriptions and statements of significance must be prepared in accord 
with standards generally accepted by academic historians, architectural 
historians and archeologists. The nomination form is a legal document 
and reference for historical, architectural, and archeological data upon 
which the protections for listed and eligible properties are founded. 
The nominating authority certifies that the nomination is adequately 
documented and technically and professionally correct and sufficient 
upon nomination.
    (j) Object. An object is a material thing of functional, aesthetic, 
cultural, historical or scientific value that may be, by nature or 
design, movable yet related to a specific setting or environment.

                                Examples

Delta Queen Steamboat (Cincinnati, OH)
Adams Memorial (Rock Creek Cemetery, Washington, DC)
Sumpter Valley Gold Dredge (Sumpter, OR)

    (k) Owner or owners. The term owner or owners means those 
individuals, partnerships, corporations or public agencies holding fee 
simple title to property. Owner or owners does not include individuals, 
partnerships, corporations or public agencies holding easements or less 
than fee interests (including leaseholds) of any nature.
    (l) Site. A site is the location of a significant event, a 
prehistoric or historic occupation or activity, or a building or 
structure, whether standing, ruined, or vanished, where the location 
itself maintains historical or archeological value regardless of the 
value of any existing structure.

                                Examples

Cabin Creek Battlefield (Pensacola vicinity, OK)
Mound Cemetery Mound (Chester vicinity, OH)
Mud Springs Pony Express Station Site (Dalton vicinity, NE)

    (m) State Historic Preservation Officer. The State Historic 
Preservation Officer is the person who has been designated by the 
Governor or chief executive or by State statute in each State to 
administer the State Historic Preservation Program, including 
identifying and nominating eligible properties to the National Register 
and otherwise administering applications for listing historic properties 
in the National Register.
    (n) State Historic Preservation Program. The State Historic 
Preservation Program is the program established by each State and 
approved by the Secretary of Interior for the purpose of carrying out 
the provisions of the National Historic Preservation Act of 1966, as 
amended, and related laws and regulations. Such program shall be 
approved by the Secretary before the State may nominate properties to 
the National Register. Any State Historic Preservation Program in effect 
under prior authority of law before December 12, 1980, shall be treated 
as an approved program until the Secretary approves a program submitted 
by the State for purposes of the Amendments or December 12, 1983, unless 
the Secretary chooses to rescind such approval because of program 
deficiencies.
    (o) State Review Board. The State Review Board is a body whose 
members represent the professional fields of American history, 
architectural history, historic architecture, prehistoric and historic 
archeology, and other professional disciplines and may include citizen 
members. In States with approved State historic preservation programs 
the State Review Board reviews and approves National Register 
nominations concerning whether or not they meet the criteria for 
evaluation prior to their submittal to the NPS.
    (p) Structure. A structure is a work made u