[Title 36 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 36

Parks, Forests, and Public Property


________________________

Parts 1 to 199

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            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........................     497
      Alphabetical List of Agencies Appearing in the CFR......     517
      List of CFR Sections Affected...........................     527

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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, 2017), 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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
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or call 202-741-6010.

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 Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    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

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected]

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    The Office of the Federal Register also offers a free service on the 
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site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal-
register.
    The e-CFR is a regularly updated, unofficial editorial compilation 
of CFR material and Federal Register amendments, produced by the Office 
of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.







[[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--199, parts 200--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, 2017.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[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

[[Page 3]]



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




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


  Editorial Note: 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.
Part                                                                Page
1               General provisions..........................           5
2               Resource protection, public use and 
                    recreation..............................          17
3               Boating and water use activities............          36
4               Vehicles and traffic safety.................          41
5               Commercial and private operations...........          46
6               Solid waste disposal sites in units of the 
                    National Park System....................          51
7               Special regulations, areas of the National 
                    Park System.............................          58
8               Labor standards applicable to employees of 
                    National Park Service concessioners.....         186
9               Minerals management.........................         187
10              Disposal of certain wild animals............         222
11              Arrowhead and Parkscape Symbols.............         223
12              National cemeteries.........................         224
13              National Park System units in Alaska........         228
14              Rights-of-way...............................         279
17              Conveyance of freehold and leasehold 
                    interests on lands of the National Park 
                    System..................................         296
18              Leasing of properties in park areas.........         298
20              Isle Royale National Park; commercial 
                    fishing.................................         305
21              Hot Springs National Park; bathhouse 
                    regulations.............................         306
25              National military parks; licensed guide 
                    service regulations.....................         307
27              Cape Cod National Seashore; zoning standards         309
28              Fire Island National Seashore: Zoning 
                    standards...............................         311
30              Whiskeytown-Shasta-Trinity National 
                    Recreation Area: Zoning standards for 
                    Whiskeytown unit........................         320
34              El Portal Administrative Site regulations...         324
51              Concession contracts........................         326
59              Land and Water Conservation Fund program of 
                    assistance to States; post-completion 
                    compliance responsibilities.............         356

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60              National Register of Historic Places........         360
61              Procedures for State, tribal, and local 
                    government historic preservation 
                    programs................................         375
62              National Natural Landmarks Program..........         382
63              Determinations of eligibility for inclusion 
                    in the National Register of Historic 
                    Places..................................         392
64              Grants and allocations for recreation and 
                    conservation use of abandoned railroad 
                    rights-of-way...........................         395
65              National Historic Landmarks Program.........         402
67              Historic preservation certifications under 
                    the Internal Revenue Code...............         412
68              The Secretary of the Interior's standards 
                    for the treatment of historic properties         429
71              Recreation fees.............................         431
72              Urban Park and Recreation Recovery Act of 
                    1978....................................         441
73              World Heritage Convention...................         468
74-77

[Reserved]

78              Waiver of Federal agency responsibilities 
                    under section 110 of the National 
                    Historic Preservation Act...............         475
79              Curation of federally-owned and administered 
                    archaeological collections..............         477
80-199

[Reserved]

[[Page 5]]



PART 1_GENERAL PROVISIONS--Table of Contents



Sec.
1.1 Purpose.
1.2 Applicability and scope.
1.3 Penalties.
1.4 What terms do I need to know?
1.5 Closures and public use limits.
1.6 Permits.
1.7 Public notice.
1.8 Information collection.
1.10 Symbolic signs.

    Authority: 54 U.S.C. 100101, 100751, 320102.

    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, part 9 subpart B, and parts 12 and 13 of 
this chapter, within a park area not covered in paragraph (b) or (c) of 
this section, shall be punished by a fine as provided by law, or by 
imprisonment not exceeding 6

[[Page 6]]

months, or both, and shall be adjudged to pay all costs of the 
proceedings.
    (b) A person who knowingly and willfully violates any provision of 
the regulations contained in parts 1 through 5, 7, part 9 subpart B, and 
part 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 to paragraph (b):
    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 and part 9 subpart B 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. 54 U.S.C. 320105.
    (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. 6811.

[81 FR 77992, Nov. 4, 2016]



Sec.  1.4  What terms do I need to know?

    (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.
    Dive flag means a flag not less than 12 inches square, red in color, 
with a white stripe running diagonally from the top of the staff to the 
opposite lower corner. The white stripe shall be one-fifth the width of 
the flag.
    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.
    Flat wake speed means the minimum required speed to leave a flat 
wave disturbance close astern a moving vessel yet maintain steerageway, 
but in no case in excess of 5 statute miles per hour.
    Harbor means a natural or artificially improved body of water 
providing protection for vessels, which may include anchorage, mooring 
or docking facilities.
    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.
    Manned submersible means any vessel that carries or is capable of 
carrying passenger(s) within the confines of the vessel below the 
surface of the water.
    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

[[Page 8]]

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.
    Person means an individual, firm, corporation, society, association, 
partnership, or private or public body.
    Personal watercraft refers to a vessel, usually less than 16 feet in 
length, which uses an inboard, internal combustion engine powering a 
water jet pump as its primary source of propulsion. The vessel is 
intended to be operated by a person or persons sitting, standing or 
kneeling on the vessel, rather than within the confines of the hull. The 
length is measured from end to end over the deck excluding sheer, 
meaning a straight line measurement of the overall length from the 
foremost part of the vessel to the aftermost part of the vessel, 
measured parallel to the centerline. Bow sprits, bumpkins, rudders, 
outboard motor brackets, and similar fittings or attachments, are not 
included in the measurement. Length is stated in feet and inches.
    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.
    Power-driven vessel means any vessel propelled by machinery.
    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.
    Sailing vessel means any vessel under sail provided, if propelling 
machinery is fitted, it is not being used.
    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.
    Sewage means human body waste or the waste from a toilet or other 
receptacle intended to receive or retain body waste.
    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,

[[Page 9]]

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.
    Underwater diving means the use of any apparatus, whether self 
contained or connected to a distant source of air or other gas, whereby 
a person wholly or partially submerged in water, can obtain or reuse air 
or any other gas or gasses for breathing without returning to the 
surface of the water. Underwater diving would include, but is not be 
limited to use of SCUBA, surface supplied air, mixed gas, or re-
breathers.
    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.
    Un-manned submersible means any device operated by remote control, 
used or capable of being used, to search or collect below the surface of 
the water. This definition does not apply to a device being used 
lawfully for fishing.
    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 description of watercraft, or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on the water. This definition does not apply to a seaplane on the water.
    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; 65 FR 
15089, Mar. 21, 2000; 72 FR 13702, Mar. 23, 2007]



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:

[[Page 10]]

    (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]



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:

[[Page 11]]

    (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 Sec. Sec.  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 
Sec. Sec.  2.33, 3.4 and 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(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 13]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 14]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 15]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 16]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


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

[[Page 17]]



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.
2.6 Gathering of plants or plant parts by federally recognized Indian 
          tribes.
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 Demonstrations.
2.52 Sale or distribution of printed matter.
2.60 Livestock use and agriculture.
2.61 Residing on Federal lands.
2.62 Memorialization.

    Authority: 54 U.S.C. 100101, 100751, 320102.

    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 Sec. Sec.  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 for the gathering and removal of plants or 
plant parts by enrolled members of an Indian tribe in accordance with 
Sec.  2.6, or where specifically authorized by federal statutory law, 
treaty, or in accordance with Sec.  2.2 or Sec.  2.3.
    Note: Regulations concerning archeological resources are found in 43 
CFR part 3.

[48 FR 30282, June 30, 1983, as amended at 81 FR 45037, July 12, 2016]



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]

[[Page 19]]



Sec.  2.3  Fishing.

    (a) Except in designated areas or as provided in this section, 
fishing shall 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) None of the provisions in this section or any regulation in this 
chapter may be enforced to prohibit an individual from possessing a 
firearm, including an assembled or functional firearm, in any National 
Park System unit if:
    (1) The individual is not otherwise prohibited by law from 
possessing the firearm; and
    (2) The possession of the firearm is in compliance with the law of 
the State in which the National Park System unit is located.
    (b)(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;

[[Page 20]]

    (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 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.
    (c) 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.
    (d) The use of a weapon, trap or net in a manner that endangers 
persons or property is prohibited.
    (e) 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.
    (f) Authorized Federal, State and local law enforcement officers may 
carry firearms in the performance of their official duties.
    (g) The carrying or possessing of a weapon, trap or net in violation 
of applicable Federal and State laws is prohibited.
    (h) 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; 73 FR 74971, Dec. 10, 2008; 80 FR 36476, 
June 25, 2015]



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 identified 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.

[[Page 21]]

    (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 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.  2.6  Gathering of plants or plant parts by federally recognized 
Indian tribes.

    (a) What terms do I need to know? The following definitions apply 
only to this section.
    Indian tribe means an American Indian or Alaska Native tribe, band, 
nation, pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian tribe under the Federally Recognized 
Tribe List Act of 1994, 25 U.S.C. 479a.
    Plants or plant parts means vascular plants or parts of vascular 
plants. No other types of plants may be gathered or removed under this 
section.
    Traditional association means a longstanding relationship of 
historical or cultural significance between an Indian tribe and a park 
area predating the establishment of the park area.
    Traditional gathering means the method of gathering plants or plant 
parts by hand or hand tools only. Traditional gathering does not include 
the use of tools or machinery powered by electricity, fossil fuels, or 
any other source of power except human power.
    Traditional purpose means a customary activity or practice that is 
rooted in the history of an Indian tribe and is important to the 
continuation of that tribe's distinct culture.
    Tribal official means an elected or duly appointed official of the 
federally recognized government of an Indian tribe authorized to act on 
behalf of the tribe with respect to the subject matter of this 
regulation.
    (b) How may the Superintendent authorize traditional gathering and 
removal? After receiving a request from an Indian tribe to gather plants 
or plant parts within a park area, the Superintendent may enter into an 
agreement with the tribe to authorize the traditional gathering and 
removal of plants or plant parts for traditional purposes. The agreement 
will describe the terms and conditions under which the Superintendent 
may issue a gathering permit to the tribe under Sec.  1.6 of this 
chapter. The permit will designate the enrolled tribal members who are 
authorized to gather and remove plants or plant parts within the park 
area.
    (c) How must a tribe request to enter into an agreement? (1) A 
tribal official must submit to the Superintendent a written request to 
enter into an agreement under this section that contains the following:

[[Page 22]]

    (i) A description of the Indian tribe's traditional association to 
the park area;
    (ii) A description of the traditional purposes to which the 
traditional gathering activities will relate; and
    (iii) A description of the traditional gathering and removal 
activities that the tribe is interested in conducting, including a list 
of the plants or plant parts that tribal members wish to gather and the 
methods by which those plants or plant parts will be gathered.
    (2) Within 90 days after receiving a request that contains the 
information required by paragraph (c)(1) of this section, the 
Superintendent will initiate consultation with the requesting tribe in 
order to develop an agreement. If a Superintendent fails to initiate 
consultation within 90 days after receiving such a request, then the 
tribe may submit the request to the Regional Director. The 
Superintendent will also consult with any other tribe that has gathering 
rights in that park area under a treaty or federal statute or is party 
to a valid plant-gathering agreement with the NPS for that park area.
    (d) What are the requirements for entering into agreements? Before 
entering into an agreement to allow gathering and removal, the 
Superintendent must:
    (1) Determine, based on available information, including information 
provided by the tribe itself, that the tribe has a traditional 
association with the park area and is proposing to gather and remove 
plants or plant parts within the park area for a traditional purpose; 
and
    (2) Comply with all applicable federal laws, including the National 
Environmental Policy Act of 1969, the National Historic Preservation 
Act, and the Endangered Species Act. The compliance for the National 
Environmental Policy Act of 1969 must consist of an environmental 
assessment and must conclude with a finding of no significant impact, 
which must also document the determinations required by paragraph (d)(1) 
of this section. The Superintendent may not enter into an agreement that 
will have a significant adverse impact on park area resources or values.
    (e) When must the Superintendent deny a tribe's request to enter 
into a gathering agreement? The Superintendent must deny a tribe's 
request to enter into a gathering agreement if any of the requirements 
of paragraph (d) of this section are not satisfied.
    (f) What must agreements contain and how will they be implemented? 
(1) An agreement to gather and remove plants or plant parts must contain 
the following:
    (i) The name of the Indian tribe authorized to gather and remove 
plants and plant parts;
    (ii) The basis for the tribe's eligibility under paragraphs 
(c)(1)(i) and (ii) of this section to enter into the agreement;
    (iii) A description of the system to be used to administer 
traditional gathering and removal, including a clear means of 
identifying the enrolled tribal members who, under the permit, are 
designated by the Indian tribe to gather and remove;
    (iv) A means for the tribal government to keep the NPS regularly 
informed of which enrolled tribal members are designated by the tribe to 
gather and remove;
    (v) A description of the specific plants or plant parts that may be 
gathered and removed. The gathering agreement may not authorize the 
gathering of any species listed as threatened or endangered under the 
Endangered Species Act;
    (vi) Specification of the size and quantity of the plants or plant 
parts that may be gathered and removed;
    (vii) Identification of the times and locations at which the plants 
or plant parts may be gathered and removed;
    (viii) A statement that plants or plant parts may be gathered only 
by traditional gathering methods, i.e., only by hand or hand tools;
    (ix) A statement that the sale or commercial use of natural products 
(including plants or plant parts gathered under the agreement) is 
prohibited in the park area under Sec.  2.1(c)(3)(v);
    (x) Protocols for monitoring traditional gathering and removal 
activities and thresholds above which NPS and tribal management 
intervention will occur;
    (xi) A requirement that the NPS and the tribe engage in periodic 
reviews of

[[Page 23]]

the status of traditional gathering activities under the agreement 
through consultation;
    (xii) Operating protocols and additional remedies for non-compliance 
with the terms of the agreement beyond those provided in this section, 
including mitigation, restoration, and remediation;
    (xiii) A requirement that a permit issued under the agreement 
identify the tribal members who are designated by the tribe to gather 
plants or plant parts under the permit;
    (xiv) A list of key officials; and
    (xv) Any additional terms or conditions that the parties may agree 
upon.
    (2) Agreements will be implemented through a permit issued in 
accordance with Sec.  1.6 of this chapter. Activities allowed by a 
permit must fall within the scope of activities agreed upon in the 
agreement.
    (g) What concurrence must the Superintendent obtain? Before 
executing any gathering agreement, the Superintendent must obtain the 
written concurrence of the Regional Director.
    (h) When may the Superintendent close areas to gathering and 
removal? (1) Notwithstanding the terms of any agreement or permit 
executed under this section, the Superintendent may close park areas, or 
portions thereof, to the traditional gathering and removal of plants or 
plant products for any of the following reasons:
    (i) Maintenance of public health and safety;
    (ii) Protection of environmental or scenic values;
    (iii) Protection of natural or cultural resources;
    (iv) Aid to scientific research;
    (v) Implementation of management plans; or
    (vi) Avoidance of conflict among visitor use activities.
    (2) Closed areas may not be reopened to traditional gathering and 
removal until the reasons for the closure have been resolved.
    (3) Except in emergency situations, the Superintendent will provide 
public notice of any closure under this section in accordance with Sec.  
1.7 of this chapter. The Superintendent will also provide written notice 
of the closure directly to any tribe that has an agreement to gather and 
remove plants or plant parts from the closed area.
    (i) When may the Superintendent suspend or terminate an agreement or 
permit?
    (1) The Superintendent may suspend or terminate a gathering 
agreement or implementing permit if the tribe or a tribal member 
violates any term or condition of the agreement or the permit.
    (2) The Superintendent may suspend or terminate a gathering 
agreement or implementing permit if unanticipated or significant adverse 
impacts to park area resources or values occur.
    (3) If a Superintendent suspends or terminates a gathering agreement 
or implementing permit, then the Superintendent must prepare a written 
determination justifying the action and must provide a copy of the 
determination to the tribe.
    (4) Before terminating a gathering agreement or implementing permit, 
the Superintendent must obtain the written concurrence of the Regional 
Director.
    (j) When is gathering prohibited? Gathering, possession, or removal 
from a park area of plants or plant parts (including for traditional 
purposes) is prohibited except where specifically authorized by:
    (1) Federal statutory law;
    (2) Treaty rights;
    (3) Other regulations of this chapter; or
    (4) An agreement and permit issued under this section.
    (k) How may a tribe appeal a Superintendent's decision not to enter 
into a gathering agreement under this rule? If a Superintendent denies a 
tribe's request to enter into a gathering agreement, then the 
Superintendent will provide the tribe with a written decision setting 
forth the reasons for the denial. Within 60 days after receiving the 
Superintendent's written decision, the tribe may appeal, in writing, the 
Superintendent's decision to the Regional Director. The appeal should 
set forth the substantive factual or legal bases for the tribe's 
disagreement with the Superintendent's decision and any other 
information the tribe wishes the Regional Director to consider. Within 
45 days after receiving the tribe's written appeal, the Regional 
Director will

[[Page 24]]

issue and send to the tribe a written decision that affirms, reverses, 
or modifies the Superintendent's decision. The Regional Director's 
appeal decision will constitute the final agency action on the matter. 
Appeals under this section constitute an administrative review and are 
not conducted as an adjudicative proceeding.
    (l) Have the information collection requirements been approved? The 
Office of Management and Budget has reviewed and approved the 
information collection requirements in this section and assigned OMB 
Control No. 1024-0271. We will use this information to determine whether 
a traditional association and purpose can be documented in order to 
authorize traditional gathering. We may not conduct or sponsor and you 
are not required to respond to, a collection of information unless it 
displays a currently valid OMB control number. You may send comments on 
any aspect of this information collection to the Information Collection 
Clearance Officer, National Park Service, 12201 Sunrise Valley Drive 
(Mail Stop 242), Reston, VA 20192.

[81 FR 45037, July 12, 2016]



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 
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.

[[Page 25]]

    (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 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.

[[Page 26]]

    (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 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

[[Page 27]]

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 Sec. Sec.  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
    (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]

[[Page 28]]



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 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]

[[Page 29]]



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.
    (4) Harassment. Intentional or reckless harassment of park visitors 
with physical contact.
    (5) Obstruction. Intentional or reckless obstruction of any 
sidewalk, trail, highway, building entranceway, railroad track, or 
public utility right-of-way, or other public passage, whether alone or 
with others. The mere gathering of persons to hear a speaker 
communicate, or simply being a member of such a gathering, does not 
constitute obstruction. An official may make a reasonable request or 
order that one or more persons move in order to prevent obstruction of a 
public passage, and refusal of such an order constitutes obstruction.
    (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; 
75 FR 64153, Oct. 19, 2010]



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

[[Page 30]]

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 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 
Sec. Sec.  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

[[Page 31]]

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 Sec. Sec.  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 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

[[Page 32]]

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 
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  Demonstrations.

    (a) Demonstrations. The term ``demonstrations'' includes 
demonstrations, picketing, speechmaking, marching, holding vigils or 
religious services, and all other like forms of conduct that involve the 
communication or expression of views or grievances, engaged in by one or 
more persons, the conduct of which is reasonably likely to attract a 
crowd or onlookers. This term does not include casual park use by 
visitors or tourists that is not reasonably likely to attract a crowd or 
onlookers.
    (b) Permits and the small group permit exception. Demonstrations are 
allowed within park areas designated as available under paragraph (c)(2) 
of this section, when the superintendent has issued a permit for the 
activity, except that:
    (1) Demonstrations involving 25 persons or fewer may be held without 
a permit within designated park areas, provided that:
    (i) None of the reasons for denying a permit that are set out in 
paragraph (f) of this section are present;
    (ii) The group is not merely an extension of another group already 
availing itself of the small group permit exception under this 
provision;
    (iii) They will not unreasonably interfere with other permitted 
demonstrations and special events, or park program activities; and
    (iv) Hand-carried signs may be used, but stages, platforms, or 
structures may not be used.
    (2) While it is not mandatory, the organizer is requested to provide 
reasonable notice of the proposed event to the park superintendent, 
including whether there is any reason to believe that there may be an 
attempt to disrupt, protest, or prevent the activity.
    (3) The 25-person maximum for the small group permit exception may 
be reduced for a designated available area, but only if:
    (i) A written determination that a 25-person group cannot be 
reasonably physically accommodated within that area is approved by the 
regional director; and
    (ii) The written determination is made available at the office of 
the superintendent and by public notice under Sec.  1.7 of this chapter.
    (4) In the event that two or more groups taking advantage of the 
small group permit exception seek to use the same designated available 
area at the same time, and the area cannot reasonably accommodate 
multiple occupancy, the superintendent will, whenever possible, direct 
the later-arriving group to

[[Page 33]]

relocate to another nearby designated available area.
    (c) Designated available park areas. (1) Locations may be designated 
as available for demonstrations under this section, and for the sale or 
distribution of printed matter under Sec.  2.52, only if these 
activities would not:
    (i) Cause injury or damage to park resources;
    (ii) Unreasonably impair the atmosphere of peace and tranquility 
maintained in wilderness, natural, historic, or commemorative zones;
    (iii) Unreasonably interfere with interpretive, visitor service, or 
other program activities, or with the administrative activities of the 
National Park Service;
    (iv) Substantially impair the operation of public use facilities or 
services of National Park Service concessioners, holders of commercial 
use authorizations, or contractors;
    (v) Present a clear and present danger to the public health and 
safety; or
    (vi) Be incompatible with the nature and traditional use of the 
particular park area involved.
    (2) The superintendent must designate on a map, which must be 
available in the office of the superintendent and by public notice under 
Sec.  1.7 of this chapter, the locations designated as available for 
demonstrations and the sale or distribution of printed matter.
    (d) Application for permit. A permit application must provide:
    (1) The name of the applicant or the name of the organization (if 
any);
    (2) The date, time, duration, nature, and place of the proposed 
event;
    (3) An estimate of the number of persons expected to attend;
    (4) A statement of equipment and facilities to be used;
    (5) Whether there is any reason to believe that there will be an 
attempt to disrupt, protest, or prevent the event; and
    (6) Any other information required by the permit application form.
    (e) The superintendent must not accept an application more than one 
year before the proposed event (including time required for set-up); 
applications received more than a year in advance will be returned to 
the applicant.
    (f) Processing the application. The superintendent must issue a 
permit or a written denial within ten days of receiving a complete and 
fully executed application. A permit will be approved unless:
    (1) The superintendent has granted or will grant a prior application 
for a permit for the same time and place, and the activities authorized 
by that permit do not reasonably allow multiple occupancy of that 
particular area;
    (2) It reasonably appears that the event will present a clear and 
present danger to public health or safety;
    (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 tranquility, 
interference with program activities, or impairment of public use 
facilities;
    (4) The location applied for has not been designated as available 
under paragraph (c)(2) of this section;
    (5) The application was submitted more than one year before the 
proposed event (including set-up); or
    (6) The activity would constitute a violation of an applicable law 
or regulation.
    (g) Written denial of permit. If a permit is denied, the 
superintendent will inform the applicant in writing of the denial and 
the reasons for it.
    (h) Permit conditions. The permit may contain conditions reasonably 
consistent with the requirements of public health and safety, protection 
of park resources, and the use of the park area for the purposes for 
which it was established. It may also contain reasonable limitations on 
the equipment used and the time and area within which the event is 
allowed.
    (i) Permit duration. (1) Permits may be issued for a maximum of 14 
consecutive days.
    (2) A permit may be extended for up to 14 days, but a new 
application must be submitted for each extension requested.
    (3) The extension may be denied if another applicant has requested 
use of the same location and the location cannot reasonably accommodate 
multiple occupancy.

[[Page 34]]

    (j) Violation prohibited. Violation of these regulations or the 
terms of the permit is prohibited.
    (k) Permit revocation, termination of small group exception. (1) The 
superintendent may revoke a permit for any violation of its terms and 
conditions.
    (2) The superintendent may revoke a permit, or order a small group 
permit exception activity to cease, when any of the conditions listed in 
paragraph (f) of this section exist.
    (3) The superintendent will make the revocation or order to cease in 
writing, with the reasons clearly set forth. In emergency circumstances 
the superintendent will make an immediate verbal revocation or order to 
cease, followed by written confirmation within 72 hours.

[75 FR 64153, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013; 
80 FR 36476, June 25, 2015]



Sec.  2.52  Sale or distribution of printed matter.

    (a) Printed Matter. The term ``printed matter'' means message-
bearing textual printed material such as books, pamphlets, magazines, 
and leaflets, provided that it is not solely commercial advertising.
    (b) Permits and the small group permit exception. The sale or 
distribution of printed matter is allowed within park areas designated 
as available under Sec.  2.51(c)(2) when the superintendent has issued a 
permit for the activity, except that:
    (1) Sale or distribution activity by 25 persons or fewer may be 
conducted without a permit within designated park areas, provided that:
    (i) None of the reasons for denying a permit that are set out in 
paragraph (e) of this section are present;
    (ii) The group is not merely an extension of another group already 
availing itself of the small group permit exception under this 
provision;
    (iii) The sale or distribution will not unreasonably interfere with 
other permitted demonstrations and special events, or program 
activities; and
    (iv) Hand-carried signs may be used, but stages, platforms, or 
structures may not be used.
    (2) While it is not mandatory, the organizer is requested to provide 
reasonable notice of the proposed event to the park superintendent, 
including whether there is any reason to believe that there may be an 
attempt to disrupt, protest, or prevent the activity.
    (3) The 25-person maximum for the small group permit exception may 
be reduced for a designated available area, but only if:
    (i) A written determination that a 25-person group cannot be 
reasonably physically accommodated within that area is approved by the 
regional director; and
    (ii) The written determination is made available at the office of 
the superintendent and by public notice under Sec.  1.7 of this chapter.
    (4) In the event that two or more groups taking advantage of the 
small group permit exception seek to use the same designated available 
area at the same time, and the area cannot reasonably accommodate 
multiple occupancy, the superintendent will, whenever possible, direct 
the later arriving group to relocate to another nearby designated 
available area.
    (c) Application for permit. An application must provide:
    (1) The name of the applicant or the name of the organization (if 
any);
    (2) The date, time, duration, nature, and place of the proposed 
event;
    (3) An estimate of the number of persons expected to attend;
    (4) A statement of equipment and facilities to be used;
    (5) Whether there is any reason to believe that there will be an 
attempt to disrupt, protest, or prevent the event; and
    (6) Any other information required by the permit application form.
    (d) The superintendent must not accept an application more than one 
year before the proposed event (including time required for set-up); 
applications received more than a year in advance will be returned to 
the applicant.
    (e) Processing the application. The superintendent must issue a 
permit or a written denial within ten days of receiving a complete and 
fully executed application. A permit will be approved unless:
    (1) The superintendent has granted or will grant a prior application 
for a permit for the same time and place, and

[[Page 35]]

the activities authorized by that permit do not reasonably allow 
multiple occupancy of the particular area;
    (2) It reasonably appears that the sale or distribution will present 
a clear and present danger to the public health and safety;
    (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;
    (4) The location applied for has not been designated as available 
under Sec.  2.51(c)(2);
    (5) The application was submitted more than one year before the 
proposed event (including set-up); or
    (6) The activity would constitute a violation of an applicable law 
or regulation.
    (f) Written denial of permit. If a permit is denied, the 
superintendent will inform the applicant in writing of the denial and 
the reasons for it.
    (g) Permit conditions. The permit may contain conditions reasonably 
consistent with the requirements of public health and safety, protection 
of park resources, and the use of the park area for the purposes for 
which it was established.
    (h) Permit duration. (1) Permits may be issued for a maximum of 14 
consecutive days.
    (2) A permit may be extended for up to 14 days, but a new 
application must be submitted for each extension requested.
    (3) The extension may be denied if another applicant has requested 
use of the same location and the location cannot reasonably accommodate 
multiple occupancy.
    (i) Misrepresentation. It is prohibited for persons engaged in the 
sale or distribution of printed matter under this section to 
misrepresent the purposes or affiliations of those engaged in the sale 
or distribution, or to misrepresent whether the printed matter is 
available without cost or donation.
    (j) Violation prohibited. Violation of these regulations or the 
terms of the permit is prohibited.
    (k) Permit revocation, termination of small group exception. (1) The 
superintendent may revoke a permit for any violation of its terms and 
conditions.
    (2) The superintendent may revoke a permit, or order a small group 
permit exception activity to cease, when any of the conditions listed in 
paragraph (e) of this section exist.
    (3) The superintendent will make the revocation or order to cease in 
writing, with the reasons clearly set forth. In emergency circumstances 
the superintendent will make an immediate verbal revocation or order to 
cease, followed by written confirmation within 72 hours.

[75 FR 64154, Oct. 19, 2010, as amended at 78 FR 37717, June 24, 2013; 
80 FR 36476, June 25, 2015]



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.

[[Page 36]]

    (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 
commercial 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.



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 What is the applicability and scope of this part?
3.2 Do other boating laws and regulations apply to me when I operate my 
          boat on park waters?
3.3 Am I required to obtain a permit to operate a vessel in a park area?
3.4 For what purposes may my vessel be inspected?
3.5 Do I have to report an accident involving a vessel to the National 
          Park Service?
3.6 What are the requirements to operate a power driven vessel?
3.7 What are the NPS Personal Flotation Device (PFD) requirements?
3.8 What vessel operations are prohibited?
3.9 May I operate my personal watercraft (PWC) in park waters?
3.10 What are the regulations regarding operating a vessel while under 
          the influence of alcohol and/or drugs?
3.11 When is testing for alcohol or drugs required?
3.12 May I use a vessel to tow a person for water skiing or other 
          similar activities?
3.13 What conditions apply to the use of Marine Sanitation Devices 
          (MSD)?
3.14 Am I required to remove a sunken, grounded, or disabled vessel?
3.15 What is the maximum noise level for the operation of a vessel?
3.16 May I swim or wade in park waters?
3.17 What regulations apply to swimming areas and beaches?

[[Page 37]]

3.18 May I snorkel or underwater dive in park waters?
3.19 May I operate a submersible within park waters?

    Authority: 54 U.S.C. 100101, 100751, 320102.

    Source: 72 FR 13702, Mar. 23, 2007, unless otherwise noted.



Sec.  3.1  What is the applicability and scope of this part?

    The applicability of the regulations in this part is described in 
Sec.  1 .2 of this chapter.



Sec.  3.2  Do other boating laws and regulations apply to me when I operate 
my boat on park waters?

    (a) In addition to the regulations contained in this part, the NPS 
adopts applicable laws and regulations of the United States Coast Guard. 
The USCG laws and regulations are found in Title 14 United States Code, 
Title 33 United States Code, Title 46 United States Code, and 33 CFR 
chapter I, 46 CFR chapter I and III and 49 CFR chapter IV. NPS applies 
the adopted laws and regulations to vessels and their operation on all 
waters (navigable and non-navigable) subject to NPS jurisdiction. 
Therefore, 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.
    (b) Except to the extent that directives of the United States Coast 
Guard have expressly or implicitly preempted inconsistent state laws and 
regulations or as otherwise provided by subsection (a), vessels and 
their operation on all waters subject to NPS jurisdiction are governed 
by non-conflicting boating safety laws and regulations of the State 
within whose interior boundaries a park area or portion thereof is 
located.



Sec.  3.3  Am I required to obtain a permit to operate a vessel in 
a park area?

    Generally, you are not required to obtain a permit to operate a 
vessel in a park area. However, in certain circumstances, taking into 
consideration public safety, protection of park resources, and weather 
and park management objectives, the superintendent may require a permit 
for use of a vessel within a park area, under Sec. Sec.  1.5 and 1.7, 
and will issue permits consistent with Sec.  1.6 of this chapter.



Sec.  3.4  For what purposes may my vessel be inspected?

    (a) An authorized person may at any time stop and/or board a vessel 
to examine documents, licenses or permits relating to operation of the 
vessel, and to inspect the vessel to determine compliance with 
regulations pertaining to safety equipment, vessel capacity, marine 
sanitation devices, and other pollution and noise abatement 
requirements.
    (b) An authorized person who identifies a vessel being operated 
without sufficient life saving or firefighting devices, in an overloaded 
or other unsafe condition, as defined in United States Coast Guard 
regulations, or in violation of a noise level specified in Sec.  3.15(a) 
of this part, may direct the operator to suspend further use of the 
vessel until the condition is corrected.



Sec.  3.5  Do I have to report an accident involving a vessel to the 
National Park Service?

    (a) The operator of a vessel involved in an accident must report the 
accident to the superintendent as soon as practical, but in any event 
within 24 hours of the accident, if the accident involves:
    (1) Total property damage of $2000 or more; or
    (2) Injury, or death or disappearance of a person
    (b) If the operator is physically incapable of making the report, 
the owner or an occupant of the vessel must report the accident to the 
superintendent.
    (c) Filing a report with the superintendent may satisfy applicable 
United States Coast Guard, State, and local accident reporting 
requirements. Superintendents will forward the accident report to the 
appropriate reporting authority in a timely manner that complies with 
the requirements of 33 CFR 173.55.



Sec.  3.6  What are the requirements to operate a power driven vessel?

    (a) To operate a power-driven vessel on park waters, a person must 
be either:

[[Page 38]]

    (1) At least 16 years old; or
    (2) Between 12 and 15 years old and accompanied on the vessel by a 
person at least 18 years old.
    (b) If a park area is located within a State having different age 
requirements, then the applicable State law is adopted in lieu of 
paragraph (a) of this section.
    (c) If a park area is located within a State having a mandatory 
boater education requirement, then that State requirement is adopted.



Sec.  3.7  What are the NPS Personal Floatation Device (PFD) requirements?

    (a) All requirements in Title 33 CFR part 175 related to PFDs are 
adopted.
    (b) The Superintendent may require that a PFD be worn or carried on 
designated waters, at designated times and/or during designated water 
based activities in accordance with Sec. Sec.  1.5 and 1.7 of this 
chapter.



Sec.  3.8  What vessel operations are prohibited?

    (a) The following operations are prohibited:
    (1) Launching or operating an airboat.
    (2) Launching or recovering a vessel, except at a launch site 
designated by the superintendent.
    (3) Operating a power-driven vessel on waters not accessible by 
road.
    (4) Operating a vessel in excess of a length, width, or horsepower 
restriction established by the superintendent in accordance with 
Sec. Sec.  1.5 and 1.7 of this chapter. For the purposes of this 
paragraph, vessel length is measured according to criteria established 
in 46 CFR chapter I or 33 CFR chapter I.
    (b) The following operations are inherently unsafe and therefore 
prohibited:
    (1) Operating a power-driven or sailing vessel within 100 feet of a 
diver's flag except a vessel in support of dive operations, which may 
not be operated in excess of flat wake speed.
    (2) Failing to observe restriction(s) established by a regulatory 
marker.
    (3) Operating a vessel in excess of flat wake speed in designated 
areas.
    (4) Operating a vessel in excess of flat wake speed within 100 feet 
of:
    (i) A downed water skier;
    (ii) A person swimming, wading, fishing from shore or floating with 
the aid of a flotation device;
    (iii) A designated launch site; or
    (iv) A manually propelled, anchored or drifting vessel. If the park 
is located within a State specifying different conditions, then that 
State law is adopted in lieu of this paragraph.
    (5) Unless a designated area is marked otherwise, operating a power-
driven or sailing vessel within 500 feet of a shoreline designated as a 
swimming beach. This prohibition does not apply in locations such as a 
river, channel, or narrow cove where passage is restricted to less than 
500 feet. In such restrictive locations where swim beaches are 
designated, the operation of a vessel in excess of a flat wake speed is 
prohibited.
    (6) Operating a power-driven vessel while a person is riding on the 
decking over the bow, gunwales, top edge of the transom, motor cover, or 
in any other unsafe position when the vessel is being operated. This 
provision does not apply when that portion of the vessel is designed and 
constructed for the purpose of carrying passengers safely at all speeds 
or when the vessel is maneuvering for anchoring, docking or mooring.
    (7) Operating a power driven vessel engine/s or generator with a 
person sitting, riding or hanging on to a swim platform or swim ladder.
    (8) Operating a vessel, or knowingly allowing another person to 
operate a vessel in a negligent manner, by failing to exercise that 
degree of care which a reasonable person, under like circumstances, 
would demonstrate in order to prevent the endangering of the life, limb, 
or property of a person(s) through the operator's lack of knowledge, 
inattention, or general carelessness.
    (9) Operating a vessel or knowingly allowing another person to 
operate a vessel in a grossly negligent manner, by willfully and 
wantonly creating an unreasonable risk of harm to person(s) or property, 
regardless of whether the operator intended to cause harm.

[[Page 39]]



Sec.  3.9  May I operate my personal watercraft (PWC) in park waters?

    (a) A person may operate a PWC only in park areas where authorized 
by special regulation. Special regulations may only be promulgated in 
the 21 parks listed in the following table:

------------------------------------------------------------------------
               Name                       Water type            State
------------------------------------------------------------------------
Amistad National Recreation Area..  Impounded Lake........  TX
Assateague Island National          Open Ocean/Bay........  MD/VA
 Seashore.
Bighorn Canyon National Recreation  Impounded Lake........  MT
 Area.
Big Thicket National Preserve.....  River.................  TX
Cape Cod National Seashore........  Open Ocean/Bay........  MA
Cape Lookout National Seashore....  Open Ocean/Bay........  NC
Chickasaw National Recreation Area  Impounded Lake........  OK
Cumberland Island National          Open Ocean/Bay........  GA
 Seashore.
Curecanti National Recreation Area  Impounded Lake........  CO
Delaware Water Gap................  River.................  PA/NJ
Fire Island National Seashore.....  Open Ocean/Bay........  NY
Gateway National Recreation Area..  Open Ocean/Bay........  NY
Glen Canyon National Recreation     Impounded Lake........  AZ/UT
 Area.
Gulf Islands National Seashore....  Open Ocean/Bay........  FL/MS
Indiana Dunes National Lakeshore..  Natural Lake..........  IN
Lake Mead National Recreation Area  Impounded Lake........  AZ/NV
Lake Meredith National Recreation   Impounded Lake........  TX
 Area.
Lake Roosevelt National Recreation  Impounded Lake........  WA
 Area.
Padre Island National Seashore....  Open Ocean/Bay........  TX
Pictured Rocks National Lakeshore.  Natural Lake..........  MI
Whiskeytown-Shasta-Trinity          Impounded Lake........  CA
 National Recreation Area.
------------------------------------------------------------------------

    (b) Where authorized, operation of a PWC on park waters is subject 
to the following conditions:
    (1) No person may operate a PWC unless each person aboard is wearing 
a Type I, II, III, or V PFD approved by the United States Coast Guard.
    (2) A person operating a PWC equipped by the manufacturer with a 
lanyard-type engine cut-off switch must attach such lanyard to his 
person, clothing, or PFD, as appropriate for the specific vessel.
    (3) No person may operate a PWC anytime between sunset and sunrise.
    (4) No person may operate a PWC by jumping the wake, becoming 
partially airborne or completely leaving the water while crossing the 
wake of another vessel within 100 feet of the vessel creating the wake.
    (5) If a park area is located within a State that has more 
restrictive regulations for the operation of PWC, then applicable State 
law applies in lieu of paragraphs (b)(1) through (b)(4) of this section.



Sec.  3.10  What are the regulations regarding operating a vessel while 
under the influence of alcohol and/or drugs?

    (a) Operating or being in actual physical control of a vessel is 
prohibited while:
    (1) Under the influence of alcohol, 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 
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams 
or more of alcohol per 210 liters of breath.
    (b) If State law that applies to operating a vessel while under the 
influence of alcohol establishes more restrictive limits of alcohol 
concentration in the operator's blood or breath, those limits apply 
rather than the limits specified in paragraph (a) of this section.
    (c) The provisions of this section also apply to an operator who is 
or has been legally entitled to use alcohol or drugs.



Sec.  3.11  When is testing for alcohol or drugs required?

    (a) At the request or direction of an authorized person who has 
probable cause to believe that an operator of a vessel has violated 
provisions of Sec.  3.10, the operator must submit to one or more 
testing procedures of the blood, breath, saliva or urine for the purpose 
of determining blood alcohol and/or drug content.
    (1) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    (2) Any test or tests for the presence of alcohol and drugs must be 
determined by and administered at the direction of an authorized person.
    (3) Any test must be conducted by using accepted scientific methods 
and equipment of proven accuracy and reliability operated by personnel 
certified in its use.

[[Page 40]]

    (b) 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 Sec.  3.10. If the 
alcohol concentration in the operator's blood or breath at the time of 
testing is less than alcohol concentrations specified in Sec.  
3.10(a)(2), this fact does not give rise to any presumption that the 
operator is or is not under the influence of alcohol.
    (c) The provisions of paragraph (b) 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.

[72 FR 13702, Mar. 23, 2007, as amended at 80 FR 36476, June 25, 2015]



Sec.  3.12  May I use a vessel to tow a person for water skiing or 
other similar activities?

    (a) The towing of a person by a vessel is allowed only in designated 
waters, and in accordance with conditions established by the 
superintendent under Sec. Sec.  1.5 and 1.7 of this chapter.
    (b) Towing a person using a parasail, hang-glider or other airborne 
device may be allowed only in accordance with a permit issued by the 
superintendent under Sec.  1.6 of this chapter.
    (c) Where towing is designated, the following conditions apply:
    (1) Towing is allowed only between the hours of sunrise and sunset.
    (2) In addition to the boat operator, a person at least 12 years of 
age must be present to observe the action of the person being towed.
    (3) A person being towed must wear a United States Coast Guard 
approved Type I, II, III, or V PFD.
    (4) A person being towed may not commit any act in a manner that 
endangers, or is likely to endanger, any person or damage property.
    (5) Operating a vessel that does not have the capacity to carry the 
person(s) being towed in addition to the operator and observer is 
prohibited.
    (6) No person shall operate a power driven vessel using a tow rope 
20 feet or less in length when towing a person.



Sec.  3.13  What conditions apply to the use of Marine Sanitation 
Devices (MSD)?

    (a) Discharging sewage from any vessel, whether treated or not, in 
any body of fresh water is prohibited.
    (b) The owner or operator of any vessel on park fresh water that is 
equipped with toilet facilities and/or a MSD that is capable of 
discharge, must lock or otherwise secure the valves or mechanism of the 
device. Acceptable methods of securing the device include:
    (1) Closing the seacock and removing the handle;
    (2) Padlocking the seacock in the closed position;
    (3) Using a non-releasable wire-tie to hold the seacock in the 
closed position; or
    (4) Locking the door to the space enclosing the toilets with a 
padlock or door handle key lock.
    (c) The superintendent may modify the requirements of this section 
through a special regulation.



Sec.  3.14  Am I required to remove a sunken, grounded, or 
disabled vessel?

    (a) Except as provided in paragraph (b) of this section, the owners 
or authorized salvager of a sunken, grounded, or disabled vessel must 
remove the vessel, all component parts and equipment, and all associated 
cargo thereof in accordance with procedures established by the 
superintendent. In establishing removal procedures, the superintendent 
is authorized to:
    (1) Establish a reasonable date by which vessel removal operations 
must be complete;
    (2) Determine times and means of access to and from the vessel; and
    (3) Specify the manner or method of removal.
    (b) The superintendent may waive the requirements of paragraph (a) 
of this section or prohibit removal of the vessel, equipment, or cargo 
upon a written determination that:
    (1) The removal would constitute an unacceptable risk to human life;
    (2) The removal would result in extensive resource damage; or
    (3) The removal is impracticable or impossible.

[[Page 41]]



Sec.  3.15  What is the maximum noise level for the operation of 
a vessel?

    (a) A person may not operate a vessel at a noise level exceeding:
    (1) 75dB(A) measured utilizing test procedures applicable to vessels 
underway (Society of Automotive Engineers SAE--J1970); or
    (2) 88dB(A) measured utilizing test procedures applicable to 
stationary vessels (Society of Automotive Engineers SAE--J2005).
    (b) An authorized person who has reason to believe that a vessel is 
being operated in excess of the noise levels established in paragraph 
(a) of this section may direct the operator of the vessel to submit the 
vessel to an on-site test to measure the noise level.



Sec.  3.16  May I swim or wade in park waters?

    Swimming or wading is allowed in waters, subject to closures or 
restrictions designated by the superintendent in accordance with 
Sec. Sec.  1.5 and 1.7 of this chapter.



Sec.  3.17  What regulations apply to swimming areas and beaches?

    (a) The superintendent may designate areas as swimming areas or 
swimming beaches in accordance with Sec. Sec.  1.5 and 1.7 of this 
chapter.
    (b) Within designated swimming areas, the use of a surfboard or 
similar rigid device is prohibited.
    (c) The superintendent may prohibit the use or possession of 
flotation devices, glass containers, kites, or incompatible activities 
in swimming areas or swimming beaches in accordance with Sec. Sec.  1.5 
and 1.7 of this chapter.



Sec.  3.18  May I snorkel or underwater dive in park waters?

    (a) Snorkeling and underwater diving is allowed in park waters, 
subject to closures or restrictions designated by the superintendent in 
accordance with Sec. Sec.  1.5 and 1.7 of this chapter.
    (b) In waters open to the use of vessels, a diver must prominently 
display a dive flag during dive operations. A dive flag must not be 
displayed unless dive operations are ongoing.
    (c) The dive flag must be illuminated when dive operations take 
place between sunset and sunrise. The dive flag illumination may not 
consist of lights that may be confused with navigation lights or aids to 
navigation lights.
    (d) While on the surface, submerging or surfacing the diver must 
remain within a 100 feet horizontal radius of the diver flag.
    (e) If State laws or regulations exist concerning snorkeling 
activities, those provisions of State law or regulation are adopted.



Sec.  3.19  May I operate a submersible within park waters?

    The use of manned or unmanned submersibles may only occur in 
accordance with a permit issued by the superintendent under Sec.  1.6 of 
this chapter.



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: 54 U.S.C. 100101, 100751, 320102.

    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

[[Page 42]]

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.
    (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 Executive Order 
11644 (3 CFR, 1971-1975 Comp., p. 666). 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.

[52 FR 10683, Apr. 2, 1987, as amended at 80 FR 36476, June 25, 2015]



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.

[[Page 43]]

    (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.



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.

[[Page 44]]

    (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.
    (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 
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 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 admissible 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

[[Page 45]]

drug, or drugs, or any combination thereof.

[52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003]



Sec.  4.30  Bicycles.

    (a) Park roads. The use of a bicycle is permitted on park roads and 
in parking areas that are otherwise open for motor vehicle use by the 
general public.
    (b) Administrative roads. Administrative roads are roads that are 
closed to motor vehicle use by the public, but open to motor vehicle use 
for administrative purposes. The superintendent may authorize bicycle 
use on an administrative road. Before authorizing bicycle use on an 
administrative road the superintendent must:
    (1) Make a written determination that such bicycle use is consistent 
with protection of the park area's natural, scenic and aesthetic values, 
safety considerations and management objectives, and will not disturb 
wildlife or park resources; and
    (2) Notify the public through one or more methods listed in Sec.  
1.7(a) of this chapter.
    (c) [Reserved]
    (d) Existing trails. The superintendent may authorize by designation 
bicycle use on a hiking or horse trail that currently exists on the 
ground and does not require any construction or significant modification 
to accommodate bicycles. Before doing so, the superintendent must ensure 
that all of the following requirements have been satisfied:
    (1) The superintendent must complete a park planning document that 
addresses bicycle use on the specific trail and that includes an 
evaluation of:
    (i) The suitability of the trail surface and soil conditions for 
accommodating bicycle use. The evaluation must include any maintenance, 
minor rehabilitation or armoring that is necessary to upgrade the trail 
to sustainable condition; and
    (ii) Life cycle maintenance costs, safety considerations, methods to 
prevent or minimize user conflict, methods to protect natural and 
cultural resources and mitigate impacts, and integration with commercial 
services and alternative transportation systems (if applicable).
    (2) The superintendent must complete either an environmental 
assessment (EA) or an environmental impact statement (EIS) evaluating 
the effects of bicycle use in the park and on the specific trail. The 
superintendent must provide the public with notice of the availability 
of the EA and at least 30 days to review and comment on an EA completed 
under this section.
    (3) The superintendent must complete a written determination stating 
that the addition of bicycle use on the existing hiking or horse trail 
is consistent with the protection of the park area's natural, scenic and 
aesthetic values, safety considerations and management objectives, and 
will not disturb wildlife or park resources.
    (4)(i) If under paragraph (d)(2) of this section, the resulting 
Finding of No Significant Impact, Record of Decision (ROD), or an 
amended ROD concludes that bicycle use on the specific trail will have 
no significant impacts, the superintendent must publish a notice in the 
Federal Register providing the public at least 30 days to review and 
comment on the written determination required by paragraph (d)(3) of 
this section. After consideration of the comments submitted, the 
superintendent must obtain the Regional Director's written approval of 
the determination required by paragraph (d)(3) of this section; or
    (ii) If under paragraph (d)(2) of this section, the conclusion is 
that bicycle use on the specific trail may have a significant impact, 
the superintendent with the concurrence of the Regional Director must 
complete a concise written statement for inclusion in the project files 
that bicycle use cannot be authorized on the specific trail.
    (e) New trails. This paragraph applies to new trails that do not 
exist on the ground and therefore would require trail construction 
activities (such as clearing brush, cutting trees, excavation, or 
surface treatment). New trails shall be developed and constructed in 
accordance with appropriate NPS sustainable trail design principles and 
guidelines. The superintendent may develop, construct, and

[[Page 46]]

authorize new trails for bicycle use after:
    (1) In a developed area, the superintendent completes the 
requirements in paragraphs (d)(1) through (d)(3) of this section, 
publishes a notice in the Federal Register providing the public at least 
30 days to review and comment on the written determination required by 
paragraph (d)(3) of this section, and after consideration of the 
comments submitted, obtains the Regional Director's written approval of 
the determination required by paragraph (d)(3) of this section; or
    (2) Outside of a developed area, the superintendent completes the 
requirements in paragraphs (d)(1), (2), and (3) of this section; obtains 
the Regional Director's written approval of the determination required 
by paragraph (d)(3) of this section; and promulgates a special 
regulation authorizing the bicycle use.
    (f) Closures and other use restrictions. A superintendent may limit 
or restrict or impose conditions on bicycle use or may close any park 
road, parking area, administrative road, trail, or portion thereof to 
bicycle use, or terminate such condition, closure, limit or restriction 
after:
    (1) Taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives; and
    (2) Notifying the public through one or more methods listed in Sec.  
1.7(a) of this chapter.
    (g) Other requirements. (1) A person operating a bicycle on any park 
road, parking area, administrative road or designated trail is subject 
to all sections of this part that apply to an operator of a motor 
vehicle, except Sec. Sec.  4.4, 4.10, 4.11, 4.14, and 4.15.
    (2) Unless specifically addressed by regulations in this chapter, 
the use of a bicycle within a park area is governed by State law. State 
law concerning bicycle use that is now or may later be in effect is 
adopted and made a part of this section.
    (h) Prohibited acts. The following are prohibited: (1) Bicycle 
riding off of park roads and parking areas, except on administrative 
roads and trails that have been authorized for bicycle use.
    (2) Possessing a bicycle in a wilderness area established by Federal 
statute.
    (3) 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 that is visible from at least 200 feet to the rear.
    (4) Operating a bicycle abreast of another bicycle except where 
authorized by the superintendent.
    (5) Operating a bicycle while consuming an alcoholic beverage or 
carrying in hand an open container of an alcoholic beverage.
    (6) Any violation of State law adopted by this section.

[77 FR 39937, July 6, 2012]



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 filming, still photography, and audio recording.
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: 54 U.S.C. 100101, 100751, 320102.

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

[[Page 47]]



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, Denali, 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 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; 65 
FR 37878, June 19, 2000]



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

[[Page 48]]

(prohibition does not apply to transportation between points within the 
park and outside points), Denali National Park and Preserve (prohibition 
does not apply to that portion of the Denali Park road between the 
Highway 3 junction and the Denali Park Railroad Depot), 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 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; 65 FR 37878, 
June 19, 2000]



Sec.  5.5  Commercial filming, still photography, and audio recording.

    (a) Commercial filming and still photography activities are subject 
to the provisions of 43 CFR part 5, subpart A. Failure to comply with 
any provision of 43 CFR part 5 is a violation of this section.
    (b) Audio recording does not require a permit unless:
    (1) It takes place at location(s) where or when members of the 
public are generally not allowed;
    (2) It uses equipment that requires mechanical transport;

[[Page 49]]

    (3) It uses equipment that requires an external power source other 
than a battery pack; or
    (4) The agency would incur additional administrative costs to 
provide management and oversight of the permitted activity to:
    (i) Avoid unacceptable impacts and impairment to resources or 
values; or
    (ii) Minimize health or safety risks to the visiting public.
    (c) Cost recovery charges associated with processing the permit 
request and monitoring the permitted activity will be collected.
    (d) The location fee schedule for still photography conducted under 
a permit issued under 43 CFR part 5 applies to audio recording permits 
issued under this part.
    (e) Information collection. The Office of Management and Budget 
(OMB) has approved the information collection requirements associated 
with National Park Service commercial filming permits and assigned OMB 
Control Number 1024-0026. Your response is required to obtain or retain 
a benefit. We may not collect or sponsor and you are not required to 
respond to an information collection unless it displays a currently 
valid OMB control number. You may send comments on this information 
collection requirement to the Information Collection Clearance Officer, 
National Park Service, 1849 C Street, Washington, DC 20240.

[78 FR 52094, Aug. 22, 2013]



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, 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.

[[Page 50]]

    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, Denali, 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.
    (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

[[Page 51]]

and regulations and in accordance with the provisions of the permit.

[31 FR 16660, Dec. 29, 1966, as amended at 65 FR 37878, June 19, 2000]



Sec. Sec.  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: 54 U.S.C. 100101, 100751, 100903.

    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;
    (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.

[[Page 52]]

    (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).
    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).

[[Page 53]]

    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 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

[[Page 54]]

    (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;
    (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

[[Page 55]]

    (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) 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

[[Page 56]]

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 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,

[[Page 57]]

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.
    (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

[[Page 58]]

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.



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 Saguaro National Park.

[[Page 59]]

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 Park.
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 Dry Tortugas National Park.
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 Canyonlands National Park.
7.45 Everglades National Park.
7.46 Virgin Islands Coral Reef National Monument.
7.47 Carlsbad Caverns National Park.
7.48 Lake Mead National Recreation Area.
7.49 Cape Lookout National Seashore.
7.50 Chickasaw Recreation Area.
7.51 Curecanti National 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 Lake Roosevelt National Recreation Area.
7.56 Acadia National Park.
7.57 Lake Meredith National 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 New River Gorge National River.
7.90 Chattahoochee River National Recreation Area.
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 Bryce Canyon National Park.
7.95 [Reserved]
7.96 National Capital Region.
7.97 Golden Gate National Recreation Area.
7.100 Appalachian National Scenic Trail.

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also issued 
under D.C. Code 10-137 and D.C. Code 50-2201.07.

                          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
Black Canyon of the Gunnison National Monument, Colo...........     7.53
Blue Ridge Parkway, Va.-N.C....................................     7.34
Bryce Canyon National Park, Utah...............................     7.94
Buck Island Reef National Monument, Virgin Islands.............     7.73
Buffalo National River, Ark....................................     7.35
Canyon de Chelly National Monument, Ariz.......................     7.19
Canyonlands National Park, Utah................................     7.44
Cape Cod National Seashore, Mass...............................     7.67
Cape Hatteras National Seashore, N.C...........................     7.58
Cape Lookout National Seashore, N.C............................     7.49
Carlsbad Caverns National Park, N. Mex.........................     7.47
Cedar Breaks National Monument, Utah...........................     7.52
Channel Islands National Park, Calif...........................     7.84

[[Page 60]]

 
Chattahoochee River National Recreation Area, Ga...............     7.90
Chickasaw Recreation Area, Okla................................     7.50
Colonial National Historical Park, Va..........................      7.1
Lake Roosevelt National Recreation Area, Wash..................     7.55
Crater Lake National Park, Oreg................................      7.2
Curecanti National Recreation Area, Colo.......................     7.51
Cuyahoga Valley National Park, 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
Dry Tortugas National Park, Fla................................     7.27
Everglades National Park, Fla..................................     7.45
Fire Island National Seashore, N.Y.............................     7.20
Fort Caroline National Memorial, Fla...........................     7.61
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 National 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
New River Gorge National River, WV.............................     7.89
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
Saguaro National Park, AZ......................................     7.11
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 Coral Reef National Monument....................     7.46
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.
    (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

[[Page 61]]

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 
Sec. Sec.  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:

                            (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

[[Page 62]]

-------------------------- (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 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

[[Page 63]]

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]



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

[[Page 64]]

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 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

[[Page 65]]

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 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.

[[Page 66]]

    (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 
Sec. Sec.  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)(1) On what route may I operate a snowmobile? Snowmobiles may be 
operated on the North Supply Access Trail solely for the purpose of 
gaining access between national forest lands on the west side of the 
park and the town of Grand Lake. Use of this trail for other purposes is 
not permitted. This trail will be marked by signs, snow poles or other 
appropriate means.
    (2) When may I operate a snowmobile on the North Supply Access 
Trail? The Superintendent will determine the opening and closing dates 
for use of the North Supply Access Trail each year, taking into 
consideration the location of wintering wildlife, appropriate snow

[[Page 67]]

cover, and other factors that may relate to public safety. The 
Superintendent will notify the public of such dates through one or more 
of the methods listed in Sec.  1.7(a) of this chapter. Temporary closure 
of this route will be initiated through the posting of appropriate signs 
and/or barriers.

[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; 69 FR 53630, Sept. 2, 2004]



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 
Sec. Sec.  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.
    (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.

[[Page 68]]

    (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 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

[[Page 69]]

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.
    (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  Saguaro National Park.

    (a) Bicycling. (1) The following trails are designated as routes for 
bicycle use:
    (i) That portion of the Cactus Forest Trail inside the Cactus Forest 
Drive; and
    (ii) The Hope Camp Trail, from the Loma Alta Trailhead east to the 
Arizona State Trust Lands boundary, located approximately .2 miles 
beyond Hope Camp.
    (2) The Superintendent may open or close designated routes, or 
portions thereof, or impose conditions or restrictions for bicycle use 
after taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives.
    (i) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (ii) Violating a closure, condition, or restriction is prohibited.
    (b) [Reserved]

[68 FR 50077, Aug. 20, 2003, as amended at 77 FR 60053, Oct. 2, 2012]



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

[[Page 70]]

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:
    (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

[[Page 71]]

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.
    (c) Personal Watercraft (PWC). (1) PWCs may operate within Gulf 
Islands National Seashore except in the following closed areas:
    (i) The lakes, ponds, lagoons and inlets of Cat Island, East Ship 
Island, West Ship Island, Horn Island, and Petit Bois Island;
    (ii) The lagoons of Perdido Key within Big Lagoon;
    (iii) The areas within 200 feet from the remnants of the old fishing 
pier and within 200 feet from the new fishing pier at Fort Pickens; and
    (iv) Within 200 feet of non-motorized vessels and people in the 
water, except individuals associated with the use of the PWC.
    (2) PWC may not be operated at greater than flat wake speed in the 
following locations:
    (i) Within 0.5 mile from the shoreline or within 0.5 mile from 
either side of the pier at West Ship Island;
    (ii) Within 0.5 mile from the shoreline on the designated wilderness 
islands of Horn and Petit Bois; and
    (iii) Within 300 yards from all other park shorelines.
    (3) PWC are allowed to beach at any point along the shore except as 
follows:
    (i) PWC may not beach in any restricted area listed in paragraph 
(c)(1) of this section; and
    (ii) PWC may not beach above the mean high tide line on the 
designated wilderness islands of Horn and Petit Bois.
    (4) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981; 
52 FR 10686, Apr. 2, 1987; 71 FR 26244, May 4, 2006]



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 72]]

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 73]]

    (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.2213.2" N. 
latitude and 110 deg.2507.2" 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.2240" N. latitude and 110 deg.2507.2" 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.1822.8" N., at longitude 110 deg.2004.8" 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.1942.0" N., at longitude 110 deg.1206.0" 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.2003.6" N., at longitude 110 deg.1619.2" 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 74]]

    (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 
Sec. Sec.  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 75]]

    (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)(1) What is the scope of this regulation? The regulations 
contained in paragraphs (l)(2) through (l)(15) and (l)(18) of this 
section apply to the use of snowcoaches and snowmobiles by guides and 
park visitors. Except where indicated, paragraphs (l)(2) through (l)(15) 
do not apply to non-administrative oversnow vehicle use by affiliated 
persons.
    (2) What terms do I need to know? The definitions in this paragraph 
(l)(2) also apply to non-administrative oversnow vehicle use by 
affiliated persons.
    Affiliated persons means persons other than guides or park visitors. 
Affiliated persons include NPS employees, contractors, concessioner 
employees, their families and guests, or other persons designated by the 
Superintendent.
    Commercial guide means a person who operates as a snowmobile or 
snowcoach guide for a monetary fee or other compensation and is 
authorized to operate in the park under a concession contract or a 
commercial use authorization.
    Commercial tour operator means a person authorized to operate 
oversnow vehicle tours in the park under a concession contract or a 
commercial use authorization.
    Enhanced emission standards means for snowmobiles, a maximum of 65 
dB(A) as measured at cruising speed (approximately 35 mph) in accordance 
with the Society of Automotive Engineers (SAE) J1161 test procedures and 
certified under 40 CFR part 1051 to a Family Emission Limit no greater 
than 60 g/kW-hr for carbon monoxide; and for snowcoaches, a maximum of 
71 dB(A) when measured by operating the snowcoach at cruising speed for 
the test cycle in accordance with the SAE J1161 test procedures.
    Guide means a commercial guide or a non-commercial guide.
    Non-commercial guide means a person who has successfully completed 
training and certification requirements established by the 
Superintendent that demonstrate the requisite knowledge and skills to 
operate a snowmobile in Yellowstone National Park. In order to be 
certified and receive a special use permit, a non-commercial guide must 
be at least 18 years of age by the day of the trip and possess a valid 
state-issued motor vehicle driver's license.
    Non-commercially guided group means a group of no more than five 
snowmobiles, including a non-commercial guide, permitted to enter the 
park under the Non-commercially Guided Snowmobile Access Program.
    Non-commercially Guided Snowmobile Access Program means a program 
that permits authorized parties to enter Yellowstone National Park 
without a commercial guide.
    Oversnow route means that portion of the unplowed roadway located 
between the road shoulders and designated by snow poles or other poles, 
ropes, fencing, or signs erected to regulate oversnow activity. Oversnow 
routes include pullouts or parking areas that are groomed or marked 
similarly to roadways and are adjacent to designated oversnow routes. An 
oversnow route may also be distinguished by the interior boundaries of 
the berm created by the packing and grooming of the unplowed roadway.
    Oversnow vehicle means a snowmobile, snowcoach, or other motorized 
vehicle that is intended for travel primarily on snow and has been 
authorized by the Superintendent to operate in the park. All-terrain 
vehicles and utility-type vehicles are not oversnow vehicles, even if 
they have been modified for use on snow with track or ski systems
    Snowcoach means a self-propelled mass transit vehicle intended for 
travel on snow, having a curb weight of over 1,000 pounds (450 
kilograms), having a capacity of at least eight passengers and no more 
than 32 passengers, plus a driver.

[[Page 76]]

    Snowcoach transportation event means one snowcoach that does not 
meet enhanced emission standards traveling in Yellowstone National Park 
on any given day, or two snowcoaches that both meet enhanced emission 
standards traveling together in Yellowstone National Park on any given 
day.
    Snowmobile means a self-propelled vehicle intended for travel solely 
on snow, with a maximum curb weight of 1,000 pounds (450 kilograms), 
driven by a track or tracks in contact with the snow, and which may be 
steered by a ski or skis in contact with the snow.
    Snowmobile transportation event means a group of 10 or fewer 
commercially guided snowmobiles traveling together in Yellowstone 
National Park on any given day or a non-commercially guided group, which 
is defined separately. Snowmobiles entering Cave Falls Road are not 
considered snowmobile transportation events.
    Snowplane means a self-propelled vehicle intended for oversnow 
travel and driven by an air-displacing propeller.
    Transportation event means a snowmobile transportation event or a 
snowcoach transportation event.
    (3) When may I operate a snowmobile in Yellowstone National Park? 
You may operate a snowmobile in Yellowstone National Park each winter 
season only in compliance with use limits, guiding requirements, 
operating hours, equipment, and operating conditions established under 
this section. The operation of snowmobiles under a concessions contract 
or commercial use authorization is subject to the conditions stated in 
the concessions contract or commercial use authorization. The 
Superintendent may establish additional operating conditions after 
providing notice of those conditions in accordance with one or more 
methods listed in 36 CFR 1.7.
    (4) When may I operate a snowcoach in Yellowstone National Park? (i) 
A snowcoach may be operated in Yellowstone National Park only under a 
concessions contract or commercial use authorization each winter season. 
Snowcoach operation is subject to the conditions stated in the 
concessions contract or commercial use authorization and all other 
conditions identified in this section. The Superintendent may establish 
additional operating conditions, including performance-based emission 
standards for snowcoaches, after providing notice of those conditions in 
accordance with one or more methods listed in 36 CFR 1.7.
    (ii) The requirements in paragraphs (l)(4)(iii) through (iv) of this 
section apply to:
    (A) new snowcoaches put into service on or after December 15, 2014;
    (B) snowcoaches used in lieu of snowmobile transportation events 
during the 2014-2015 and 2015-2016 winter seasons; and
    (C) all existing snowcoaches as of December 15, 2016.
    (iii) The following air emission requirements apply to snowcoaches:

------------------------------------------------------------------------
                                                        must meet the
            A snowcoach that is a . . .             following standard .
                                                             . .
------------------------------------------------------------------------
(A) Diesel-fueled snowcoach with a gross vehicle    The functional
 weight rating (GVWR) less than 8,500 pounds.        equivalent of 2010
                                                     (or newer) EPA Tier
                                                     2 model year engine
                                                     and emission
                                                     control technology
                                                     requirements.
(B) Diesel-fueled snowcoach with a GVWR greater     The EPA model year
 than or equal to 8,500 pounds.                      2010 ``engine
                                                     configuration
                                                     certified'' diesel
                                                     air emission
                                                     requirements.
                                                     Alternately, a
                                                     snowcoach in this
                                                     category may be
                                                     certified under the
                                                     functional
                                                     equivalent of 2010
                                                     (or newer) EPA Tier
                                                     2 model year engine
                                                     and emission
                                                     control technology
                                                     requirements if the
                                                     snowcoach:
                                                    (1) Has a GVWR
                                                     between 8,500 and
                                                     10,000 pounds; and
                                                    (2) Would achieve
                                                     better emission
                                                     results with a
                                                     configuration that
                                                     meets the Tier 2
                                                     requirements.
(C) Gasoline-fueled snowcoach greater than or       The functional
 equal to 10,000 GVWR.                               equivalent of 2008
                                                     (or newer) EPA Tier
                                                     2 model year engine
                                                     and emission
                                                     control technology
                                                     requirements.
(D) Gasoline-fueled snowcoach less than 10,000      The functional
 GVWR.                                               equivalent of 2007
                                                     (or newer) EPA Tier
                                                     2 model year engine
                                                     and emission
                                                     control technology
                                                     requirements.
------------------------------------------------------------------------

    (iv) A snowcoach may not exceed a sound level of 75 dB(A) when 
measured by operating the snowcoach at 25 mph, or at its maximum 
cruising speed if that is less than 25 mph, for the test

[[Page 77]]

cycle in accordance with the SAE J1161 test procedures.
    (v) All emission-related exhaust components (as listed in the 
applicable portion of 40 CFR 86.004-25) must function properly. These 
emission-related components must be replaced with the original equipment 
manufacturer (OEM) component, if practicable. If OEM parts are not 
available, aftermarket parts may be used.
    (vi) Operating a snowcoach with the original pollution control 
equipment disabled or modified is prohibited.
    (vii) Before the start of a winter season, a snowcoach manufacturer 
or a commercial tour operator must demonstrate, by means acceptable to 
the Superintendent, that a snowcoach meets the air and sound emission 
standards. The NPS will test and certify snowcoaches for compliance with 
air and sound emission requirements at locations in the park. A 
snowcoach meeting the requirements for air and sound emissions may be 
operated in the park through the winter season that begins no more than 
10 years from the engine manufacture date, or longer if the snowcoach is 
certified to meet performance-based emission standards established by 
the Superintendent under paragraph (l)(4)(i) of this section.
    (viii) Snowcoaches are subject to periodic and unannounced 
inspections to determine compliance with the requirements of paragraph 
(l)(4) of this section.
    (ix) This paragraph (l)(4) also applies to non-administrative 
oversnow vehicle use by affiliated persons.
    (5) Must I operate a certain model of snowmobile? Only snowmobiles 
that meet NPS air and sound emissions requirements in this section may 
be operated in the park. Before the start of a winter season, a 
snowmobile manufacturer must demonstrate, by means acceptable to the 
Superintendent, that a snowmobile meets the air and sound emission 
standards. The Superintendent will approve snowmobile makes, models, and 
years of manufacture that meet those requirements. Any snowmobile model 
not approved by the Superintendent may not be operated in the park.
    (6) What standards will the Superintendent use to approve snowmobile 
makes, models, and years of manufacture for use in the park? (i) 
Snowmobiles must meet the following air emission requirements:
    (A) Through March 15, 2015, all snowmobiles must be certified under 
40 CFR part 1051 to a Family Emission Limit no greater than 15 g/kW-hr 
for hydrocarbons and to a Family Emission Limit no greater than 120 g/
kW-hr for carbon monoxide.
    (B) As of December 15, 2015, all snowmobiles must be certified under 
40 CFR part 1051 to a Family Emission Limit no greater than 15 g/kW-hr 
for hydrocarbons and to a Family Emission Limit no greater than 90 g/kW-
hr for carbon monoxide.
    (ii) Snowmobiles must meet the following sound emission 
requirements:
    (A) Through March 15, 2015, snowmobiles must operate at or below 73 
dB(A) as measured at full throttle according to SAE J192 test procedures 
(revised 1985). During this period, snowmobiles may be tested at any 
barometric pressure equal to or above 23.4 inches Hg uncorrected.
    (B) As of December 15, 2015, snowmobiles must operate at or below 67 
dB(A) as measured at cruising speed (approximately 35mph) in accordance 
with SAE J1161 test procedures. Sound emissions tests must be 
accomplished within the barometric pressure limits of the test 
procedure; there will be no allowance for elevation. A population of 
measurements for a snowmobile model may not exceed a mean output of 67 
dB(A), and a single measurement may not exceed 69 dB(A). The 
Superintendent may revise these testing procedures based on new 
information or updates to the SAE J1161 testing procedures.
    (iii) A snowmobile meeting the requirements for air and sound 
emissions may be operated in the park for a period not exceeding six 
years from the manufacturing date, or after the snowmobile has travelled 
6,000 miles, whichever occurs later.
    (iv) Operating a snowmobile that has been modified in a manner that 
may adversely affect air or sound emissions is prohibited.
    (v) These air and sound emissions requirements do not apply to 
snowmobiles operated on the Cave Falls Road in the park.

[[Page 78]]

    (vi) Snowmobiles are subject to periodic and unannounced inspections 
to determine compliance with the requirements of paragraph (l)(6) of 
this section.
    (vii) This paragraph (l)(6) also applies to non-administrative 
oversnow vehicle use by affiliated persons.
    (7) Where may I operate a snowmobile in Yellowstone National Park? 
(i) You may operate an authorized snowmobile only upon designated 
oversnow routes established within the park in accordance with 36 CFR 
2.18(c). The following oversnow routes are so designated:
    (A) Entrance roads: from the parking lot at Upper Terrace Drive 
south of Mammoth Hot Springs to Norris Junction, from the park boundary 
at West Yellowstone to Madison Junction, from the South Entrance to West 
Thumb, and from the East Entrance to junction with the Grand Loop Road.
    (B) Grand Loop Road segments: from Norris Junction to Madison 
Junction, from Madison Junction to West Thumb, from West Thumb to the 
junction with the East Entrance Road, from Norris Junction to Canyon 
Junction, and from Canyon Junction to the junction with the East 
Entrance Road.
    (C) Side roads: South Canyon Rim Drive, Lake Butte Road, Firehole 
Canyon Drive, North Canyon Rim Drive, and Riverside Drive.
    (D) Developed area roads in the areas of Madison Junction, Old 
Faithful, Grant Village, West Thumb, Lake, East Entrance, Fishing 
Bridge, Canyon, Indian Creek, and Norris.
    (ii) The Superintendent may open or close these oversnow routes, or 
portions thereof, for snowmobile travel after taking into consideration 
the location of wintering wildlife, appropriate snow cover, public 
safety, avalanche conditions, resource protection, park operations, use 
patterns, and other factors. The Superintendent will provide public 
notice of any opening or closing by one or more of the methods listed in 
36 CFR 1.7.
    (iii) This paragraph (l)(7) also applies to non-administrative 
oversnow vehicle use by affiliated persons.
    (iv) Maps detailing the designated oversnow routes are available at 
Park Headquarters.
    (8) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may be operated on the routes designated for snowmobile use 
in paragraph (l)(7)(i) of this section. Snowcoaches may be operated on 
the Grand Loop Road from Canyon Junction to the Washburn Hot Springs 
Overlook. In addition, rubber-tracked snowcoaches may be operated from 
the park entrance at Gardiner, MT, to the parking lot of Upper Terrace 
Drive and in the Mammoth Hot Springs developed area.
    (ii) The Superintendent may open or close these oversnow routes, or 
portions thereof, after taking into consideration the location of 
wintering wildlife, appropriate snow cover, public safety, avalanche 
conditions, resource protection, park operations, use patterns, and 
other factors. The Superintendent will provide public notice of any 
opening or closing by one of more of the methods listed in 36 CFR 1.7.
    (iii) This paragraph (l)(8) also applies to non-administrative 
snowcoach use by affiliated persons.
    (9) Must I travel with a guide while snowmobiling in Yellowstone and 
what other guiding requirements apply? (i) All visitors operating 
snowmobiles in the park must be accompanied by a guide.
    (ii) Unguided snowmobile access is prohibited.
    (iii) The Superintendent will establish the requirements, including 
training and certification requirements for commercial guides and non-
commercial guides and accompanying snowmobile operators.
    (iv) Guided parties must travel together within one-third of a mile 
of the first snowmobile in the group.
    (v) Snowmobiles operated by non-commercial guides must be clearly 
marked so that park personnel can easily ascertain which snowmobiles in 
the park are part of a non-commercially guided group.
    (vi) Non-commercial guides must obtain a special use permit from the 
Non-commercially Guided Snowmobile Access Program prior to entering the 
park with a non-commercially guided group.
    (vii) The guiding requirements described in this paragraph (l)(9) do 
not apply to Cave Falls Road.

[[Page 79]]

    (10) Are there limits upon the number of snowmobiles and snowcoaches 
permitted to operate in the park each day? As of December 15, 2014, the 
number of snowmobiles and snowcoaches permitted to operate in the park 
each day will be managed by transportation events, as follows:
    (i) A transportation event consists of a group of no more than 10 
snowmobiles (including the snowmobile operated by the guide) or 1 
snowcoach (unless enhanced emission standards allow for 2).
    (ii) No more than 110 transportation events may occur in Yellowstone 
National Park on any given day.
    (iii) No more than 50 of the 110 transportation events allowed each 
day may be snowmobile transportation events.
    (iv) Four of the 50 snowmobile transportation events allowed each 
day are reserved for non-commercially guided groups, with one such group 
allowed per entrance per day. The Superintendent may adjust or terminate 
the Non-commercially Guided Snowmobile Access Program, or redistribute 
non-commercially guided transportation events, based upon impacts to 
park resources, park operations, utilization rates, visitor experiences, 
or other factors, after providing public notice in accordance with one 
or more methods listed in 36 CFR 1.7.
    (v) Transportation events allocated to commercial tour operators may 
be exchanged among commercial tour operators, but only for the same 
entrance or location.
    (vi) Commercial tour operators may decide whether to use their daily 
allocations of transportation events for snowmobiles or snowcoaches, 
subject to the limits in this section.
    (vii) Transportation events may not exceed the maximum number of 
oversnow vehicles allowed for each transportation event.
    (viii) Snowmobile transportation events conducted by a commercial 
tour operator may not exceed an average of 7 snowmobiles, averaged over 
the winter season. However, snowmobile transportation events conducted 
by a commercial tour operator that consist entirely of snowmobiles 
meeting enhanced emission standards may not exceed an average of 8 
snowmobiles, averaged over the winter season. For the 2014-2015 winter 
season only, snowmobile transportation events conducted by a commercial 
tour operator that consist of any snowmobile that does not meet the air 
emission requirements in paragraph (l)(6)(i)(B) of this section or the 
sound emission requirements in paragraph (l)(6)(ii)(B) of this section 
may not exceed an average of 7 snowmobiles, averaged daily.
    (ix) Snowcoach transportation events that consist entirely of 
snowcoaches meeting enhanced emission standards may not exceed an 
average of 1.5 snowcoaches, averaged over the winter season.
    (x) A commercial tour operator that is allocated a transportation 
event, but does not use it or exchange it can count that event as ``0'' 
against that commercial tour operator's daily and seasonal averages. A 
commercial tour operator that receives a transportation event from 
another concessioner, but does not use it, may also count that event as 
``0'' against its daily and seasonal averages.
    (xi) Up to 50 snowmobiles may enter Cave Falls Road each day.
    (xii) Daily allocations and entrance distributions for 
transportation events are listed in the following table:

                        Daily Transportation Event Entry Limits by Park Entrance/Location
----------------------------------------------------------------------------------------------------------------
                                                                                                   Snowcoach
                                                                                Snowcoach        transportation
                                         Commercially     Non-commercially    transportation     events if zero
       Park entrance/location         guided snowmobile  guided snowmobile   events if all 50     commercially
                                        transportation     transportation       snowmobile     guided snowmobile
                                            events             events         transportation     transportation
                                                                             events are used    events are used*
----------------------------------------------------------------------------------------------------------------
West Entrance.......................                 23                  1                 26                 49
South Entrance......................                 17                  1                  8                 25
East Entrance.......................                  2                  1                  1                  3
North Entrance......................                  2                  1                 13                 15

[[Page 80]]

 
Old Faithful........................                  2                  0                 12                 14
                                     ---------------------------------------------------------------------------
    Total...........................                 46                  4                 60                106
----------------------------------------------------------------------------------------------------------------
* The remaining 4 transportation events are reserved for non-commercially guided snowmobiles.

    (xiii) The Superintendent may decrease the maximum number of 
transportation events allowed in the park each day, or make limited 
changes to the transportation events allocated to each entrance, after 
taking into consideration the location of wintering wildlife, 
appropriate snow cover, public safety, avalanche conditions, park 
operations, utilization rates, visitor experiences, or other factors. 
The Superintendent will provide public notice of changes by one or more 
of the methods listed in 36 CFR 1.7.
    (xiv) For the 2013-2014 winter season only, the number of 
snowmobiles and snowcoaches allowed to operate in the park each day is 
limited to a certain number per entrance or location as set forth in the 
following table. During this period, all snowmobiles operated by park 
visitors must be accompanied by a commercial guide. Snowmobile parties 
must travel in a group of no more than 11 snowmobiles, including the 
guide.

 Number of Snowmobiles and Snowcoaches Allowed in the Park on Any Day by
         Park Entrance/Location for the 2013-2014 Winter Season
------------------------------------------------------------------------
                                       Commercially       Commercially
      Park entrance/location              guided             guided
                                       snowmobiles        snowcoaches
------------------------------------------------------------------------
West Entrance.....................                160                 34
South Entrance....................                114                 13
East Entrance.....................                 20                  2
North Entrance *..................                 12                 13
Old Faithful *....................                 12                 16
------------------------------------------------------------------------
* Commercially guided snowmobile tours originating at the North Entrance
  and Old Faithful are currently provided solely by one concessioner.
  Because this concessioner is the sole provider at both of these areas,
  this regulation allows reallocation of snowmobiles between the North
  Entrance and Old Faithful as necessary, so long as the total daily
  number of snowmobiles originating from the two locations does not
  exceed 24. For example, the concessioner could operate 6 snowmobiles
  at Old Faithful and 18 at the North Entrance if visitor demand
  warranted it. This will allow the concessioner to respond to changing
  visitor demand for commercially guided snowmobile tours, thus
  enhancing the availability of visitor services in Yellowstone.

    (xv) Paragraph (l)(10)(xiv) remains in effect until March 15, 2014.
    (11) How will the park monitor compliance with the required average 
and maximum size of transportation events? As of December 15, 2014:
    (i) Each commercial tour operator must maintain accurate and 
complete records of the number of transportation events it has brought 
into the park on a daily basis.
    (ii) The records kept by commercial tour operators under paragraph 
(l)(11)(i) of this section must be made available for inspection by the 
park upon request.
    (iii) Each commercial tour operator must submit a monthly report to 
the park that includes the information below about snowmobile and 
snowcoach use. We may require the report to be submitted more frequently 
than monthly if it becomes necessary to more closely monitor activities 
to protect natural or cultural resources in the park.
    (A) Average group size for allocated transportation events during 
the previous month and for the winter season

[[Page 81]]

to date. Any transportation events that have been exchanged among 
commercial tour operators must be noted and the receiving party must 
include these transportation events in its reports.
    (B) For each transportation event; the departure date, the duration 
of the trip (in days), the event type (snowmobile or snowcoach), the 
number of snowmobiles or snowcoaches, the number of visitors and guides, 
the entrance used, route, and primary destinations, and if the 
transportation event allocation was from another commercial tour 
operator.
    (iv) To qualify for the increased average size of snowmobile 
transportation events or increased maximum size of snowcoach 
transportation events, a commercial tour operator must:
    (A) Demonstrate before the start of a winter season, by means 
acceptable to the Superintendent, that his or her snowmobiles or 
snowcoaches meet the enhanced emission standards; and
    (B) Maintain separate records for snowmobiles and snowcoaches that 
meet enhanced emission standards and those that do not to allow the park 
to measure compliance with required average and maximum sizes of 
transportation events.
    (12) How will I know when I can operate a snowmobile or snowcoach in 
the park? The Superintendent will:
    (i) Determine the start and end dates of the winter season, which 
will begin no earlier than December 15 and end no later than March 15 
each year. The Superintendent will consider appropriate factors when 
determining the length of the winter season, including adequate snow 
cover, the location of wintering wildlife, public safety, resource 
protection, park operations, and use patterns. Based upon these factors, 
the Superintendent may determine that there will be no winter season for 
oversnow vehicles or that certain areas of the park may be closed to 
public OSV use.
    (ii) Determine operating hours, dates, and use levels.
    (iii) Notify the public of the start and end dates of the winter 
season, operating hours, dates, use levels, and any applicable changes 
through one or more of the methods listed in Sec.  1.7 of this chapter.
    (iv) Except for emergency situations, announce annually any changes 
to the operating hours, dates, and use levels.
    (13) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle for more than three minutes at any 
one time.
    (B) Driving an oversnow vehicle while the driver's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving an oversnow vehicle with disregard for the safety of 
persons, property, or park resources, or otherwise in a reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds, or other sliding devices 
by oversnow vehicles, except for emergency situations.
    (H) Racing snowmobiles, or operating a snowmobile in excess of 35 
mph, or operating a snowmobile in excess of any lower speed limit in 
effect under Sec.  4.21(a)(1) or (2) of this chapter or that has been 
otherwise designated.
    (I) Operating a snowcoach in excess of 25 mph, or operating a 
snowcoach in excess of any lower speed limit in effect under Sec.  
4.21(a)(1) or (2) of this chapter or that has been otherwise designated.
    (ii) The following are required:
    (A) All oversnow vehicles that stop on designated routes must pull 
over to the far right and next to the snow berm. Pullouts must be used 
where available and accessible. Oversnow vehicles may not be stopped in 
a hazardous location or where the view might be obscured. Oversnow 
vehicles may not be operated so slowly as to interfere with the normal 
flow of traffic.
    (B) Oversnow vehicle drivers must possess and carry at all times a 
valid government-issued motor vehicle driver's license. A learner's 
permit does not satisfy this requirement.

[[Page 82]]

    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered in the U.S. State or 
Canadian Province of principal use and must display a valid 
registration.
    (E) The only motor vehicles permitted on oversnow routes are 
oversnow vehicles.
    (F) An oversnow vehicle that does not meet the definition of a 
snowcoach must comply with all requirements applicable to snowmobiles.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The 
Superintendent will notify the public of any changes through one or more 
methods listed in Sec.  1.7 of this chapter.
    (iv) This paragraph (l)(13) also applies to non-administrative 
oversnow vehicle use by affiliated persons.
    (14) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions 
apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is under 21 years of age and the 
alcohol concentration in the operator's blood or breath is 0.02 grams or 
more of alcohol per 100 milliliters of blood, or 0.02 grams or more of 
alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the operator is a guide and the alcohol 
concentration in the operator's blood or breath is 0.04 grams or more of 
alcohol per 100 milliliters of blood or 0.04 grams or more of alcohol 
per 210 liters of breath.
    (iii) This paragraph (1)(14) also applies to non-administrative 
oversnow vehicle use by affiliated persons.
    (15) Do other NPS regulations apply to the use of oversnow vehicles? 
(i) The use of oversnow vehicles in Yellowstone National Park is subject 
to Sec. Sec.  2.18(a) and (c), but not subject to Sec. Sec.  2.18(b), 
(d), (e), and 2.19(b) of this chapter.
    (ii) This paragraph (l)(15) also applies to non-administrative 
oversnow vehicle use by affiliated persons.
    (16) What forms of non-motorized oversnow transportation are allowed 
in the park?
    (i) Non-motorized travel consisting of skiing, skating, snowshoeing, 
or walking is permitted unless otherwise restricted under this section 
or other NPS regulations.
    (ii) The Superintendent may designate areas of the park as closed, 
reopen previously closed areas, or establish terms and conditions for 
non-motorized travel within the park in order to protect visitors, 
employees, or park resources. The Superintendent will notify the public 
in accordance with Sec.  1.7 of this chapter.
    (iii) Dog sledding and ski-joring (a skier being pulled by a dog, 
horse, or vehicle) are prohibited. Bicycles, including bicycles modified 
for oversnow travel, are prohibited on oversnow routes in Yellowstone 
National Park.
    (17) May I operate a snowplane in Yellowstone National Park? The 
operation of a snowplane in Yellowstone National Park is prohibited.
    (18) Is violating a provision of this section prohibited? (i) 
Violating a term, condition, or requirement of paragraph (l) of this 
section is prohibited.
    (ii) Violation of a term, condition, or requirement of paragraph (l) 
of this section by a guide may also result in the administrative 
revocation of guiding privileges.
    (19) Have the information collection requirements been approved? The 
Office of Management and Budget has reviewed and approved the 
information collection requirements in paragraph (l) and assigned OMB 
Control No. 1024-0266. We will use this information to monitor 
compliance with the required average and maximum size of transportation 
events. The obligation to respond is required in order to obtain or 
retain a benefit.
    (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]

    Editorial Note: For Federal Register citations affecting Sec.  7.13, 
see the List of CFR Sections Affected, which appears in the

[[Page 83]]

Finding Aids section of the printed volume and at www.fdsys.gov.



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 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 immediately 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 traveling together may camp 
without a

[[Page 84]]

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 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]

[[Page 85]]

    (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 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.

[[Page 86]]

    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.
    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.

[[Page 87]]

    (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 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_________________________________________________________________
________________________________________________________________________

[[Page 88]]

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.
    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]

    Editorial Note: For Federal Register citations affecting Sec.  7.16, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



Sec.  7.17  Cuyahoga Valley National Park.

    (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.
    (b) Bicycles. (1) The Superintendent may authorize bicycle use on 
all or portions of each of the following trails:
    (i) East Rim (approximately 10 miles);
    (ii) Old Carriage Connector Trail (approximately 0.35 miles); and

[[Page 89]]

    (iii) Highland Connector Trail (approximately 1.0 mile).
    (2) After trail construction is complete:
    (i) To authorize bicycle use, the Superintendent must make a written 
determination that:
    (A) The trail is open for public use; and
    (B) Bicycle use is consistent with the protection of the park area's 
natural, scenic and aesthetic values, safety considerations, and 
management objectives, and will not disturb wildlife or park resources.
    (ii) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (3) The Superintendent may open or close authorized trails, or 
portions thereof, or impose conditions or restrictions for bicycle use 
after taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives.
    (i) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (ii) Violating a closure, condition, or restriction is prohibited.

[47 FR 24299, June 4, 1982, as amended at 80 FR 51952, Aug. 27, 2015]



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 operations starting on or after July 1 of each calendar 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

[[Page 90]]

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 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

[[Page 91]]

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.
    (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.

[[Page 92]]

    (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 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

[[Page 93]]

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.
    (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.

[[Page 94]]

    (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 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.

[[Page 95]]

    (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 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.
    (d) Personal watercraft. (1) Personal watercraft (PWC) may operate 
in the following locations and under the following conditions:
    (i) Great South Bay from the western boundary of the national 
seashore adjacent to Robert Moses State Park, east to the western 
boundary of the Sunken Forest, excluding any area within 1,000 feet of 
the shoreline, except as provided in (ii), including the area 
surrounding East Fire Island and West Fire Island.
    (ii) Navigation channels marked by buoys or identified on the NOAA 
navigational chart (12352) to include access channels to and from Fair 
Harbor, Dunewood, Lonelyville, Atlantique, Cherry Grove, Fire Island 
Pines, Davis Park, Moriches Inlet, Kismet, Saltaire, Ocean Beach, Ocean 
Bay Park, Point O'Woods, Oakleyville, and Water Island.
    (iii) The Long Island Intracoastal Waterway within the park 
boundaries.
    (iv) At ``flat wake'' speeds (maximum 6 mph) within designated 
marked channels to access town/community docks and harbors/marinas.
    (2) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[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; 70 FR 38767, July 6, 
2005]

[[Page 96]]



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

    (a)(1) What is the scope of this section? The regulations contained 
in paragraphs (a)(2) through (a)(17) of this section apply to the use of 
snowcoaches and recreational snowmobiles. Except where indicated, 
paragraphs (a)(2) through (a)(15) do not apply to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (2) What terms do I need to know? The definitions in this paragraph 
(a)(2) also apply to non-administrative oversnow vehicle use by NPS, 
contractor, or concessioner employees, and other non-recreational users 
authorized by the Superintendent.
    Commercial guide means a guide who operates a snowmobile or 
snowcoach for a fee or compensation and is authorized to operate in the 
park under a concession contract. In this section, ``guide'' also means 
``commercial guide.''
    Historic snowcoach means a Bombardier snowcoach manufactured in 1983 
or earlier. Any other snowcoach is considered a non-historic snowcoach.
    Oversnow route means that portion of the unplowed roadway located 
between the road shoulders and designated by snow poles or other poles, 
ropes, fencing, or signs erected to regulate oversnow activity. Oversnow 
routes include pullouts or parking areas that are groomed or marked 
similarly to roadways and are adjacent to designated oversnow routes. An 
oversnow route may also be distinguished by the interior boundaries of 
the berm created by the packing and grooming of the unplowed roadway. 
The only motorized vehicles permitted on oversnow routes are oversnow 
vehicles.
    Oversnow vehicle means a snowmobile, snowcoach, or other motorized 
vehicle that is intended for travel primarily on snow and has been 
authorized by the Superintendent to operate in the park. An oversnow 
vehicle that does not meet the definition of a snowcoach must comply 
with all requirements applicable to snowmobiles.
    Snowcoach means a self-propelled mass transit vehicle intended for 
travel on snow, having a curb weight of over 1,000 pounds (450 
kilograms), driven by a track or tracks and steered by skis or tracks, 
and having a capacity of at least 8 passengers. A snowcoach has a 
maximum size of 102 inches wide, plus tracks (not to exceed 110 inches 
overall); a maximum length of 35 feet; and a Gross Vehicle Weight Rating 
(GVWR) not exceeding 25,000 pounds.
    Snowmobile means a self-propelled vehicle intended for travel on 
snow, with a curb weight of not more than 1,000 pounds (450 kg), driven 
by a track or tracks in contact with the snow, and which may be steered 
by a ski or skis in contact with the snow.
    Snowplane means a self-propelled vehicle intended for oversnow 
travel and driven by an air-displacing propeller.
    (3) May I operate a snowmobile in the Parkway? You may operate a 
snowmobile in the Parkway in compliance with use limits, guiding 
requirements, operating hours and dates, equipment, and operating 
conditions established under this section. The Superintendent may 
establish additional operating conditions and will provide notice of 
those conditions in accordance with Sec.  1.7(a) of this chapter or in 
the Federal Register.
    (4) May I operate a snowcoach in the Parkway? Snowcoaches may only 
be operated in the Parkway under a concessions contract. Snowcoach 
operation is subject to the conditions stated in the concessions 
contract and all other conditions identified in this section.
    (5) Where may I operate my snowmobile in the Parkway? (i) You may 
operate your snowmobile only upon designated oversnow routes established 
within the Parkway in accordance with Sec.  2.18(c) of this chapter. The 
following oversnow routes are so designated for snowmobile use:
    (A) On U.S. Highway 89/191/287 from Flagg Ranch to the northern 
boundary of the Parkway.
    (B) Grassy Lake Road from Flagg Ranch to the western boundary of the 
Parkway.
    (C) Flagg Ranch developed area.
    (ii) The Superintendent may open or close these routes, or portions 
thereof, for snowmobile travel after taking into consideration the 
location of wintering wildlife, appropriate snow cover, public

[[Page 97]]

safety, and other factors. The Superintendent will provide notice of 
such opening or closing by one or more of the methods listed in Sec.  
1.7(a) of this chapter.
    (iii) The route described in paragraph (a)(5)(i)(A) of this section 
is subject to the air and sound emissions requirements, guiding 
requirements, and daily entry limits described in Sec.  7.13(l) of this 
part.
    (iv) This paragraph (a)(5) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (v) Maps detailing the designated oversnow routes will be available 
from Park Headquarters.
    (6) What routes are designated for snowcoach use? (i) Authorized 
snowcoaches may only be operated on the routes designated for snowmobile 
use in paragraphs (a)(6)(i)(A) and (C) of this section. No other routes 
are open to snowcoach use, except as provided in (a)(6)(ii) of this 
section.
    (ii) The Superintendent may open or close these oversnow routes, or 
portions thereof, or designate new routes for snowcoach travel after 
taking into consideration the location of wintering wildlife, 
appropriate snow cover, public safety, and other factors. The 
Superintendent will provide notice of such opening or closing by one or 
more of the methods listed in Sec.  1.7(a) of this chapter.
    (iii) The routes described in paragraph (a)(6)(i) of this section 
are subject to the air and sound emissions requirements and daily entry 
limits in Sec.  7.13(l) of this part.
    (iv) This paragraph (a)(6) also applies to non-administrative 
snowcoach use by NPS, contractor, or concessioner employees, or other 
non-recreational users authorized by the Superintendent.
    (7) Must I travel with a commercial guide while snowmobiling in the 
Parkway? Except as may be required under paragraph (a)(5)(iii) of this 
section, you are not required to use a guide while snowmobiling in the 
Parkway.
    (8) Are there limits established for the numbers of snowmobiles and 
snowcoaches permitted to operate in the Parkway each day? (i) A limit of 
25 snowmobiles per day applies to the Grassy Lake Road.
    (ii) The daily entry limits for snowmobiles and snowcoaches on the 
route from Flagg Ranch to the South Entrance of Yellowstone are 
established in Sec.  7.13(l) of this part.
    (9) When may I operate my snowmobile or snowcoach? The 
Superintendent will determine operating hours and dates. Except for 
emergency situations, any changes to operating hours will be made on an 
annual basis and the public will be notified of those changes through 
one or more of the methods listed in Sec.  1.7(a) of this chapter.
    (10) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the operator's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving an oversnow vehicle in willful or wanton disregard for 
the safety of persons, property, or parkway resources or otherwise in a 
reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) Towing persons on skis, sleds or other sliding devices by 
oversnow vehicles, except in emergency situations.
    (ii) The following are required:
    (A) All oversnow vehicles that stop on designated routes must pull 
over to the far right and next to the snow berm. Pullouts must be used 
where available and accessible. Oversnow vehicles may not be stopped in 
a hazardous location or where the view might be obscured, or operated so 
slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle drivers must possess a valid motor vehicle 
driver's license. A learner's permit does not satisfy this requirement. 
The license must be carried by the driver at all times.

[[Page 98]]

    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
registration from the United States or Canada.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The 
Superintendent will notify the public of any changes through one or more 
methods listed in Sec.  1.7(a) of this chapter.
    (iv) This paragraph (a)(10) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (11) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions 
apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is under 21 years of age and the 
alcohol concentration in the driver's blood or breath is 0.02 grams or 
more of alcohol per 100 milliliters of blood or 0.02 grams or more of 
alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a 
snowcoach driver and the alcohol concentration in the operator's blood 
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood 
or 0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph (a)(11) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (12) Do other NPS regulations apply to the use of oversnow vehicles? 
(i) The use of oversnow vehicles in the Parkway is subject to Sec.  
2.18(a), (b), and (c), but not to Sec. Sec.  2.18(d), (e), and 2.19(b) 
of this chapter.
    (ii) This paragraph (a)(12) also applies to non-administrative 
oversnow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (13) Are there any forms of non-motorized oversnow transportation 
allowed in the Parkway? (i) Non-motorized travel consisting of skiing, 
skating, snowshoeing, or walking is permitted unless otherwise 
restricted under this section or other NPS regulations.
    (ii) The Superintendent may designate areas of the Parkway as 
closed, reopen such areas, or establish terms and conditions for non-
motorized travel within the Parkway in order to protect visitors, 
employees, or park resources. Notice will be made in accordance with 
Sec.  1.7(a) of this chapter.
    (14) May I operate a snowplane in the Parkway? The operation of a 
snowplane in the Parkway is prohibited.
    (15) Is violating any of the provisions of this section prohibited? 
(i) Violating any of the terms, conditions or requirements of paragraphs 
(a)(3) through (a)(14) of this section is prohibited.
    (ii) Anyone who violates any of the terms, conditions or 
requirements of this regulation will be considered to have committed one 
separate offense for each term, condition or requirement that they 
violate.
    (b) [Reserved]

[74 FR 60190, Nov. 20, 2009]



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: (i) The use or possession of fish eggs or fish for bait is 
prohibited on or along the shores of all park waters, except:
    (ii) It is permissible to possess or use the following dead, non-
game fish as bait on or along the shores of Jackson Lake:

[[Page 99]]

(A) Redside Shiner
(B) Speckled Dace
(C) Longnose Dace
(D) Piute Sculpin
(E) Mottled Sculpin
(F) Utah Chub
(G) Utah Sucker
(H) Bluehead Sucker
(I) Mountain Sucker
    (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 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

[[Page 100]]

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 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

[[Page 101]]

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 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) Power-driven vessels are prohibited on all park 
waters except Jackson Lake and Jenny Lake.
    (2) On Jenny Lake:
    (i) Operating a power-driven vessel using a motor exceeding 7\1/2\ 
horsepower is prohibited, except:
    (ii) An NPS authorized boating concessioner may operate power-driven 
vessels under conditions specified by the Superintendent.
    (3) 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.
    (4) Sailboats may be used only on Jackson Lake.
    (5) 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)(1) What is the scope of this section? The regulations contained 
in paragraphs (g)(2) through (g)(20) of this section are intended to 
apply to the use of snowcoaches and recreational snowmobiles. Except 
where indicated, paragraphs (g)(2) through (g)(20) do not apply to non-
administrative over-snow vehicle use by NPS, contractor, or concessioner 
employees, or other non-recreational users authorized by the 
Superintendent.
    (2) What terms do I need to know? The definitions in this paragraph 
(g)(2) also apply to non-administrative oversnow vehicle use by NPS, 
contractor, or concessioner employees, or other non-recreational users 
authorized by the Superintendent.
    (i) Commercial guide means a guide who operates as a snowmobile or 
snowcoach guide for a fee or compensation and is authorized to operate 
in the park under a concession contract. In this section, ``guide'' also 
means ``commercial guide.''
    (ii) Historic snowcoach means a Bombardier snowcoach manufactured in 
1983 or earlier. Any other snowcoach is considered a non-historic 
snowcoach.
    (iii) Oversnow route means that portion of the unplowed roadway 
located between the road shoulders and designated by snow poles or other 
poles, ropes, fencing, or signs erected to regulate oversnow activity. 
Oversnow routes include pullouts or parking areas that are groomed or 
marked similarly to roadways and are adjacent to designated oversnow 
routes. An oversnow route may also be distinguished by the interior 
boundaries of the berm created by the packing and grooming of the 
unplowed roadway. The only motorized vehicles permitted

[[Page 102]]

on oversnow routes are oversnow vehicles.
    (iv) Oversnow vehicle means a snowmobile, snowcoach, or other 
motorized vehicle that is intended for travel primarily on snow and has 
been authorized by the Superintendent to operate in the park. An 
oversnow vehicle that does not meet the definition of a snowcoach must 
comply with all requirements applicable to snowmobiles.
    (v) Snowcoach means a self-propelled mass transit vehicle intended 
for travel on snow, having a curb weight of over 1,000 pounds (450 
kilograms), driven by a track or tracks and steered by skis or tracks, 
and having a capacity of at least 8 passengers. A snowcoach has a 
maximum size of 102 inches wide, plus tracks (not to exceed 110 inches 
overall); a maximum length of 35 feet; and a Gross Vehicle Weight Rating 
(GVWR) not exceeding 25,000 pounds.
    (vi) Snowmobile means a self-propelled vehicle intended for travel 
on snow, with a curb weight of not more than 1,000 pounds (450 kg), 
driven by a track or tracks in contact with the snow, and which may be 
steered by a ski or skis in contact with the snow.
    (vii) Snowplane means a self-propelled vehicle intended for oversnow 
travel and driven by an air-displacing propeller.
    (3) May I operate a snowmobile in Grand Teton National Park? You may 
operate a snowmobile in Grand Teton National Park in compliance with use 
limits, operating hours and dates, equipment, and operating conditions 
established under this section. The Superintendent may establish 
additional operating conditions and provide notice of those conditions 
in accordance with Sec.  1.7(a) of this chapter or in the Federal 
Register.
    (4) May I operate a snowcoach in Grand Teton National Park? It is 
prohibited to operate a snowcoach in Grand Teton National Park except as 
authorized by the Superintendent.
    (5) Must I operate a certain model of snowmobile in the park? Only 
commercially available snowmobiles that meet NPS air and sound emissions 
requirements as set forth in this section may be operated in the park. 
The Superintendent will approve snowmobile makes, models, and years of 
manufacture that meet those requirements. Any snowmobile model not 
approved by the Superintendent may not be operated in the park.
    (6) How will the Superintendent approve snowmobile makes, models, 
and years of manufacture for use in Grand Teton National Park? (i) 
Beginning with the 2005 model year, all snowmobiles must be certified 
under 40 CFR Part 1051, to a Family Emission Limit no greater than 15 g/
kW-hr for hydrocarbons and to a Family Emission Limit no greater than 
120 g/kW-hr for carbon monoxide.
    (A) 2004 model year snowmobiles may use measured air emissions 
levels (official emission results with no deterioration factors applied) 
to comply with the air emission limits specified in paragraph (g)(6)(i) 
of this section.
    (B) Snowmobiles manufactured before the 2004 model year may be 
operated only if they have shown to have air emissions no greater than 
the requirements identified in paragraph (g)(6)(i) of this section.
    (C) The snowmobile test procedures specified by EPA (40 CFR parts 
1051 and 1065) must be used to measure air emissions from model year 
2004 and later snowmobiles. Equivalent procedures may be used for 
earlier model years.
    (ii) For sound emissions, snowmobiles must operate at or below 73 
dBA as measured at full throttle according to Society of Automotive 
Engineers J192 test procedures (revised 1985). Snowmobiles may be tested 
at any barometric pressure equal to or above 23.4 inches Hg uncorrected. 
The Superintendent may revise these testing procedures based on new 
information and/or updates to the SAE J192 testing procedures.
    (iii) Snowmobiles meeting the requirements for air and sound 
emissions may be operated in the park for a period not exceeding 6 years 
from the date upon which first certified, except that snowmobiles being 
operated on Jackson Lake may continue to be operated up to 10 years, 
provided that these snowmobiles' mileage does not exceed 6,000 miles.

[[Page 103]]

    (iv) Snowmobiles will be exempt from these air and sound emissions 
requirements while in use to access lands authorized by paragraphs 
(g)(16) and (g)(18) of this section.
    (v) The Superintendent may prohibit entry into the park of any 
snowmobile that has been modified in a manner that may adversely affect 
air or sound emissions.
    (7) Where may I operate my snowmobile in the park? (i) You may 
operate your snowmobile upon the frozen water surface of Jackson Lake, a 
route established in accordance with Sec.  2.18(c) of this chapter, 
under the following conditions:
    (A) You are ice fishing, and licensed or otherwise permitted to fish 
in Wyoming;
    (B) You possess the proper fishing gear; and
    (C) You limit your snowmobile travel to a direct route to and from 
and between fishing locations on the lake.
    (ii) The Superintendent may open or close this route, or portions 
thereof, for snowmobile travel, and may establish separate zones for 
motorized and non-motorized uses on Jackson Lake, after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, public safety and other factors. The Superintendent will provide 
notice of such opening or closing by one or more of the methods listed 
in Sec.  1.7(a) of this chapter.
    (iii) This paragraph (g)(7) also applies to non-administrative over-
snow vehicle use by NPS, contractor, or concessioner employees, or other 
non-recreational users authorized by the Superintendent.
    (iv) Maps detailing the designated oversnow route will be available 
from Park Headquarters.
    (8) Must I travel with a commercial guide while snowmobiling in 
Grand Teton National Park? You are not required to use a guide while 
snowmobiling in Grand Teton National Park.
    (9) Are there limits established for the number of snowmobiles 
permitted to operate in the park each day? (i) The number of snowmobiles 
allowed to operate in the park each day on Jackson Lake is 25.
    (ii) The Superintendent may adjust this number up or down, not to 
exceed a daily limit of 40 snowmobiles, after taking into consideration 
the location of wintering wildlife, appropriate snow cover, noise 
monitoring results, public safety and other factors. The Superintendent 
will provide notice of such adjustment by one or more of the methods 
listed in Sec.  1.7(a) of this chapter.
    (10) When may I operate my snowmobile? The Superintendent will 
determine operating hours and dates. Except for emergency situations, 
any changes to operating hours or dates will be made on an annual basis, 
and the public will be notified of those changes through one or more of 
the methods listed in Sec.  1.7(a) of this chapter.
    (11) What other conditions apply to the operation of oversnow 
vehicles? (i) The following are prohibited:
    (A) Idling an oversnow vehicle more than 5 minutes at any one time.
    (B) Driving an oversnow vehicle while the operator's motor vehicle 
license or privilege is suspended or revoked.
    (C) Allowing or permitting an unlicensed driver to operate an 
oversnow vehicle.
    (D) Driving an oversnow vehicle in willful or wanton disregard for 
the safety of persons, property, or park resources or otherwise in a 
reckless manner.
    (E) Operating an oversnow vehicle without a lighted white headlamp 
and red taillight.
    (F) Operating an oversnow vehicle that does not have brakes in good 
working order.
    (G) The towing of persons on skis, sleds or other sliding devices by 
oversnow vehicles.
    (ii) The following are required:
    (A) All oversnow vehicles that stop on designated routes must pull 
over to the far right and next to the snow berm. Pullouts must be used 
where available and accessible. Oversnow vehicles may not be stopped in 
a hazardous location or where the view might be obscured, or operated so 
slowly as to interfere with the normal flow of traffic.
    (B) Oversnow vehicle drivers must possess a valid motor vehicle 
driver's license. A learner's permit does not satisfy this requirement. 
The license

[[Page 104]]

must be carried by the driver at all times.
    (C) Equipment sleds towed by a snowmobile must be pulled behind the 
snowmobile and fastened to the snowmobile with a rigid hitching 
mechanism.
    (D) Snowmobiles must be properly registered and display a valid 
registration from the United States or Canada.
    (iii) The Superintendent may impose other terms and conditions as 
necessary to protect park resources, visitors, or employees. The 
Superintendent will notify the public of any changes through one or more 
methods listed in Sec.  1.7(a) of this chapter.
    (iv) This paragraph (g)(11) also applies to non-administrative over-
snow vehicle use by NPS, contractor, or concessioner employees, or other 
non-recreational users authorized by the Superintendent.
    (12) What conditions apply to alcohol use while operating an 
oversnow vehicle? In addition to 36 CFR 4.23, the following conditions 
apply:
    (i) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is under 21 years of age and the 
alcohol concentration in the driver's blood or breath is 0.02 grams or 
more of alcohol per 100 milliliters or blood or 0.02 grams or more of 
alcohol per 210 liters of breath.
    (ii) Operating or being in actual physical control of an oversnow 
vehicle is prohibited when the driver is a snowmobile guide or a 
snowcoach operator and the alcohol concentration in the driver's blood 
or breath is 0.04 grams or more of alcohol per 100 milliliters of blood 
or 0.04 grams or more of alcohol per 210 liters of breath.
    (iii) This paragraph (g)(12) also applies to non-administrative 
over-snow vehicle use by NPS, contractor, or concessioner employees, or 
other non-recreational users authorized by the Superintendent.
    (13) Do other NPS regulations apply to the use of oversnow vehicles? 
The use of oversnow vehicles in Grand Teton is subject to Sec.  2.18(a), 
(b), and (c), but not subject to Sec.  2.18(d) and (e) and Sec.  2.19(b) 
of this chapter.
    (14) Are there any forms of non-motorized oversnow transportation 
allowed in the park?
    (i) Non-motorized travel consisting of skiing, skating, snowshoeing, 
or walking is permitted unless otherwise restricted under this section 
or other NPS regulations.
    (ii) The Superintendent may designate areas of the park as closed, 
reopen such areas, or establish terms and conditions for non-motorized 
travel within the park in order to protect visitors, employees, or park 
resources.
    (iii) Dog sledding and ski-joring are prohibited.
    (15) May I operate a snowplane in the park? The operation of a 
snowplane in Grand Teton National Park is prohibited.
    (16) May I continue to access public lands via snowmobile through 
the park? Reasonable and direct access, via snowmobile, to adjacent 
public lands will continue to be permitted on the designated routes 
through the park identified in the following paragraphs (g)(16)(i) 
through (iv). Requirements established in this section related to air 
and sound emissions, daily entry limits, snowmobile operator age, 
guiding, and licensing do not apply on these oversnow routes. The 
following routes are designated for access via snowmobile to public 
lands:
    (i) From the parking area at Shadow Mountain directly along the 
unplowed portion of the road to the east park boundary.
    (ii) Along the unplowed portion of the Ditch Creek Road directly to 
the east park boundary.
    (iii) The Continental Divide Snowmobile Trail (CDST) along U.S. 26/
287 from the east park boundary to a point approximately 2 miles east of 
Moran Junction. If necessary for the proper administration of visitor 
use and resource protection, the Superintendent may extend this 
designated route to the Moran Entrance Station.
    (iv) The Superintendent may designate additional routes if necessary 
to provide access to other adjacent public lands.
    (17) For what purpose may I use the routes designated in paragraph 
(g)(16) of this section? You may only use those routes designated in 
paragraph (g)(16) of this section to gain direct access to public lands 
adjacent to the park boundary.

[[Page 105]]

    (18) May I continue to access private property within or adjacent to 
the park via snowmobile? The Superintendent may establish reasonable and 
direct snowmobile access routes to the inholding or to private property 
adjacent to park boundaries for which other routes or means of access 
are not reasonably available. Requirements established in this section 
related to air and sound emissions, snowmobile operator age, licensing, 
and guiding do not apply on these oversnow routes. The following routes 
are designated for access to private properties within or adjacent to 
the park:
    (i) From the Antelope Flats Road off U.S. 26/89/191 to private lands 
in the Craighead Subdivision.
    (ii) The unplowed portion of the Teton Park Road to the piece of 
land commonly referred to as the ``Townsend Property.''
    (iii) From the Moose-Wilson Road to the land commonly referred to as 
the ``Barker Property.''
    (iv) From the Moose-Wilson Road to the property commonly referred to 
as the ``Halpin Property.''
    (v) From Highway 26/89/191 to those lands commonly referred to as 
the ``Meadows'', the ``Circle EW Ranch'', the ``Moulton Property'', the 
``Levinson Property'' and the ``Macmahon Property.''
    (vi) From Cunningham Cabin pullout on U.S. 26/89/191 near Triangle X 
to the piece of land commonly referred to as the ``Lost Creek Ranch.''
    (vii) The Superintendent may designate additional routes if 
necessary to provide reasonable access to inholdings or adjacent private 
property.
    (viii) Maps detailing designated routes will be available from Park 
Headquarters.
    (19) For what purpose may I use the routes designated in paragraph 
(g)(18) of this section? The routes designated in paragraph (g)(18) of 
this section are only to access private property within or directly 
adjacent to the park boundary. Use of these roads via snowmobile is 
authorized only for the landowners and their representatives or guests. 
Use of these roads by anyone else or for any other purpose is 
prohibited.
    (20) Is violating any of the provisions of this section prohibited 
(i) Violating any of the terms, conditions or requirements of paragraphs 
(g)(3) through (g)(19) of this section is prohibited.
    (ii) Anyone who violates any of the terms, conditions or 
requirements of this regulation will be considered to have committed one 
separate offense for each term, condition or requirement that they 
violate.
    (h) Where may I ride a bicycle in Grand Teton National Park? (1) You 
may ride a bicycle on park roads, in parking areas, and upon designated 
routes established within the park in accordance with Sec.  4.30(a) of 
this chapter. The following routes are designated for bicycle use:
    (i) The paved multi-use pathway alongside Dornan Road between 
Dornan's and the Teton Park Road.
    (ii) The paved multi-use pathway alongside the Teton Park Road 
between Dornan Road (Dornan's Junction) and the South Jenny Lake 
developed area.
    (2) The Superintendent may open or close designated routes, or 
portions thereof, or impose conditions or restrictions for bicycle use 
after taking into consideration the location of or impacts on wildlife, 
the amount of snow cover or other environmental conditions, public 
safety, and other factors, under the criteria and procedures of 
Sec. Sec.  1.5 and 1.7 of this chapter.

[24 FR 11043, Dec. 30, 1959]

    Editorial Note: For Federal Register citations affecting Sec.  7.22, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



Sec.  7.23  Badlands National Park.

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


[[Page 106]]


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.
    (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

[[Page 107]]

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 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

[[Page 108]]

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.2750" N., longitude 
116 deg.5250" W.
    (2) Stovepipe Wells Airport, latitude 36 deg.3615" N., longitude 
117 deg.0930" W.

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



Sec.  7.27  Dry Tortugas National Park.

    (a) What terms do I need to know? The following definitions apply to 
this section only:
    (1) Bait fish means any of the following:
    (i) Ballyhoo (family Exocioetidae and genus Hemiramphus), other 
genus may be included in this family;
    (ii) Minnow (families Cyprinodontidae, Peciliidae, or Aherinidae);
    (iii) Mojarra (family Gerreidae);
    (iv) Mullet (family Mugilidae);
    (v) Pilchard (family Clupeidae); or
    (vi) Pinfish (family Sparidae, genus Lagodon).
    (2) Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand, measuring 14 feet or 
less stretched length (stretched length is defined as the distance from 
the horn at the center of the net with the net gathered and pulled taut, 
to the lead line).
    (3) Designated anchorage means any area of sand within one nautical 
mile of the Fort Jefferson Harbor Light.
    (4) Dip net means a hand held device for obtaining bait, the netting 
of which is fastened in a frame. A dip net may not exceed 3 feet at its 
widest point.
    (5) Finfish means a member of subclasses Agnatha, Chondrichthyes, or 
Osteichthyes.
    (6) Flat wake speed means the minimum required speed to leave a flat 
wave disturbance close astern a moving vessel yet maintain steerageway, 
but in no case in excess of 5 statute miles per hour.
    (7) Guide operations means the activity of a person, partnership, 
firm, corporation, or other entity to provide services for hire to 
visitors of the park. This includes, but is not limited to, fishing, 
diving, snorkeling, and wildlife viewing.
    (8) Live rock means any living marine organism or assemblage thereof 
attached to a hard substrate, including dead coral or rock but not 
individual mollusk shells.
    (9) Lobster means any of the following:
    (i) Shovelnosed or Spanish Lobster (Scyllarides aequinocti);
    (ii) Slipper lobster (Parribacus antarcticus);
    (iii) Caribbean spiny lobster (Panulirus argus); or
    (iv) Spotted spiny lobster (Panulirus guttatus).
    (10) Marine life means:
    (i) Sponges, sea anenomes, corals, jellyfish, sea cucumbers, 
starfish, sea urchins, octopus, crabs, shrimp, barnacles, worms, conch; 
and
    (ii) Other animals belonging to the Phyla Porifera, Cnidaria, 
Echinodermata, Mollusca, Bryozoa,

[[Page 109]]

Brachiopoda, Arthropoda, Platyhilmenthes, and Annelida.
    (11) Not available for immediate use means not readily accessible 
for immediate use (e.g., by being stowed unbaited in a cabin, locker, 
rod holder, or similar storage area, or being securely covered and 
lashed to a deck or bulkhead).
    (12) Ornamental tropical fish means a brightly colored fish, often 
used for aquarium purposes and which lives in close relationship to 
coral communities, belonging to the families Syngathidae, Apogonidae, 
Pomacentridae, Scaridae, Blennidae, Callionymidae, Gobiidae, 
Ostraciidae, or Diodontidae.
    (13) Permit, in the case of 36 CFR part 7.27, means an authorization 
in writing or orally (e.g., via radio or telephonically).
    (14) Research Natural Area (RNA) at Dry Tortugas National Park means 
the 46-square-statute-mile area in the northwest portion of the park 
enclosed by connecting with straight lines the adjacent points of 
82 deg.51 W and 24 deg.36 N, and 82 deg.58 W and 24 deg.36 N west to 
the park boundary, but excluding:
    (i) The designated anchorage;
    (ii) Garden Key, Bush Key and Long Key; or
    (iii) The central portion of Loggerhead key including the lighthouse 
and associated buildings.
    (15) Shrimp means a member of the genus Farfantepenaeus, Penaeus sp.
    (b) Are there recreational fishing restrictions that I need to know? 
(1) Yes. After consulting with and obtaining the concurrence of the 
Florida Fish and Wildlife Conservation Commission, based on management 
objectives and the park fisheries research, the Superintendent may 
impose closures and establish conditions or restrictions necessary 
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, bag, and possession limits. The 
public will be notified of any changes through one or more methods 
listed in Sec.  1.7 of this chapter. In emergency situations, after 
consulting with the Florida Fish and Wildlife Conservation Commission, 
the Superintendent may impose temporary closures and establish 
conditions or restrictions necessary, but not exceeding 30 days in 
duration which may be extended for one additional 30 day period, 
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, bag, and possession limits. In 
emergency situations where consultation in advance is not possible, the 
Superintendent will consult with the Florida Fish and Wildlife 
Conservation Commission within 24-hours of the initiation of the 
temporary closure or restriction.
    (2) Only the following may be legally taken from Dry Tortugas 
National Park:
    (i) Fin fish by closely attended hook-and-line;
    (ii) Bait fish by closely attended hook and line, dip net, or cast 
net and limited to 5 gallons per vessel per day; and
    (iii) Shrimp may be taken by dip net or cast net.
    (3) The following waters and areas are closed to fishing:
    (i) The Research Natural Area (RNA): Fish and fishing gear may be 
possessed aboard a vessel in the RNA, provided such fish can be shown 
not to have been harvested from within, removed from, or taken within 
the RNA, as applicable, by being stowed in a cabin, locker, or similar 
storage area prior to entering and during transit through the RNA, 
provided further that such vessel is in continuous transit through the 
RNA. Gear capable of harvesting fish may be aboard a vessel in the RNA, 
provided such gear is not available for immediate use when entering and 
during transit through the RNA and no presumption of fishing activity 
shall be drawn therefrom;
    (ii) Garden Key moat;
    (iii) Within any swimming and snorkeling areas designated by buoys;
    (iv) Within 50 feet of the historic coaling docks;
    (v) Helipad areas, including the gasoline refueling dock.
    (4) The following are prohibited:
    (i) Possessing lobster within the boundaries of the park, unless the 
individual took the lobster outside park

[[Page 110]]

waters and has the proper State/Federal licenses and permits. Vessels 
with legally taken lobster aboard which was taken outside the park may 
not have persons overboard in park waters. The presence of lobster 
aboard a vessel in park waters, while one or more persons from such 
vessel are overboard, constitutes prima facie evidence that the lobsters 
were harvested from park waters in violation of this chapter.
    (ii) Taking fish by pole spear, Hawaiian sling, rubber powered, 
pneumatic, or spring loaded gun or similar device known as a speargun, 
air rifles, bows and arrows, powerheads, or explosive powered guns. 
Operators of vessels within the park must break down and store all 
weapons described in this paragraph so that they are not available for 
immediate use.
    (iii) Use of a hand held hook, gig, gaff, or snare, except that a 
gaff may be used for landing a fish lawfully caught by hook and line 
when consistent with all requirements in this section, including size 
and species restrictions.
    (iv) Taking, possessing, or touching any ornamental tropical fish or 
marine life except as expressly provided in this section.
    (v) Dragging or trawling a dip net or cast net.
    (vi) The use of nets except as provided in paragraphs (b)(3)(ii)and 
(iii) of this section.
    (vii) Engaging in guide operations (fee for service), including but 
not limited to fishing and diving, except in accordance with the 
provisions of:
    (A) A permit, contract, or other commercial use authorization; or
    (B) Other written agreement with the United States administered 
under this chapter.
    (c) Are any areas of the park closed to the public? Yes. The 
following areas are closed to the public:
    (1) The elkhorn (Acropora palmata) and staghorn (Acropora prolifera) 
coral patches adjacent to and including the tidal channel southeast of 
Long and Bush Keys and extending to 100 yards from the exterior edge of 
either patch;
    (2) Hospital and Long Keys; and
    (3) Areas that the Superintendent designates in accordance with 
Sec.  1.5 and noticed to the public through one or more of the methods 
listed in Sec.  1.7 of this chapter.
    (d) What restrictions apply on Loggerhead Key? (1) The 
Superintendent will, as necessary to protect park resources, visitors, 
or employees:
    (i) Designate areas on Loggerhead Key open for public use;
    (ii) Establish closures or restrictions on and around the waters of 
Loggerhead Key; and
    (iii) Establish conditions for docking, swimming or wading, and 
hiking.
    (2) The Superintendent will notify the public of designations, 
closures or restrictions through one or more of the methods listed in 
Sec.  1.7 of this chapter.
    (e) What restrictions apply to anchoring a vessel in the park? (1) 
Anchoring in the Research Natural Area (RNA) is prohibited.
    (2) All vessels in the RNA must use designated mooring buoys.
    (3) Anchoring between sunset and sunrise is limited to the 
designated anchorage area at Garden Key.
    (4) Vessels engaged in commercial fishing or shrimping must not 
anchor in any of the channels, harbors, or lagoons in the vicinity of 
Garden Key, Bush Key, or the surrounding shoals outside of Bird Key 
Harbor, except in cases of emergency involving danger to life or 
property. (Emergencies may include, adverse weather conditions, 
mechanical failure, medical emergencies, or other public safety 
situations.)
    (f) What vessel operations are prohibited? The following vessel 
operations are prohibited:
    (1) Operating a vessel in the Fort Jefferson Moat; and
    (2) Operating a vessel above a flat wake speed in the Garden Key and 
Bird Key Harbor areas.
    (g) What restrictions apply to discharging materials in park waters? 
(1) Discharging or depositing materials or substances of any kind within 
the boundaries of the park is prohibited, except for the following:
    (i) Research Natural Area: cooling water or engine exhaust.
    (ii) Park Waters Outside the Research Natural Area:
    (A) Fish, fish parts, chumming materials, or bait used or produced 
incidental to and while conducting recreational fishing activities in 
the park;

[[Page 111]]

    (B) Water generated by routine vessel operations (e.g., deck wash 
down and graywater from sinks, consisting of only water and food 
particles;
    (C) Vessel cooling water, engine exhaust, or bilge water not 
contaminated by oil or other substances.
    (2) The Superintendent may impose further restrictions as necessary 
to protect park resources, visitors, or employees. The Superintendent 
will notify the public of these requirements through one or more of the 
methods listed in Sec.  1.7 of this chapter.
    (h) What are the permit requirements in the park? (1) A permit, 
issued by the Superintendent, is required for all non-commercial vessels 
for which occupants are engaged in recreational activities, including 
all activities in the RNA. Permitted recreational activities include but 
are not limited to use of mooring buoys, snorkeling, diving, wildlife 
viewing, and photography.
    (2) A permit, issued by the Superintendent, is required for a 
person, group, institution, or organization conducting research 
activities in the park.
    (3) Vessels transiting the park without interruption shall not 
require a permit.
    (i) How are corals and other underwater natural features protected 
in the park? (1) Taking, possessing, removing, damaging, touching, 
handling, harvesting, disturbing, standing on, or otherwise injuring 
coral, coral formation, seagrass or other living or dead organisms, 
including marine invertebrates, live rock, and shells, is prohibited.
    (2) Vessel operators are prohibited from allowing their vessel to 
strike, injure, or damage coral, seagrass, or any other immobile 
organism attached to the seabed.
    (3) Vessel operators are prohibited from allowing an anchor, chain, 
rope or other mooring device to be cast, dragged, or placed so as to 
strike, break, abrade, or otherwise cause damage to coral formations, 
sea grass, or submerged cultural resources.
    (j) What restrictions apply on or near shipwrecks? (1) No person may 
destroy, molest, remove, deface, displace, or tamper with wrecked or 
abandoned vessels of any type or condition, or any cargo pertaining 
thereto.
    (2) Surveying, inventorying, dismantling, or recovering any wreck or 
cargo within the boundaries of the park is prohibited unless permitted 
in writing by the Superintendent.
    (k) How are aircraft operations restricted? (1) Landing an aircraft 
in Dry Tortugas National Park may occur only in accordance with a permit 
issued by the Superintendent under Sec.  1.6 of this chapter.
    (2) When landing is authorized by permit, the following requirements 
also apply:
    (i) Aircraft may be landed on the waters within a radius of 1 mile 
of Garden Key, but a landing or takeoff may not be made within 500 feet 
of Garden Key, or within 500 feet of any closed area.
    (ii) Operation of aircraft is subject to Sec.  2.17 of this chapter, 
except that seaplanes may be taxied closer than 500 feet to the Garden 
Dock while en route to or from the designated ramp, north of the dock.
    (iii) Seaplanes may be moored or brought up on land only on the 
designated beach, north of the Garden Key dock.

[71 FR 76164, Dec. 20, 2006]



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

[[Page 112]]

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, 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.

[[Page 113]]

    (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]
    (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

[[Page 114]]

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 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.

[[Page 115]]

    (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 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.

[[Page 116]]

    (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 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 park wide during the 
period of April 1 through Labor Day.
    (d) Personal Watercraft (PWC). (1) PWC are allowed on the waters 
within Pictured Rocks National Lakeshore, from the western boundary of 
the lakeshore to the east end of Miners Beach.
    (2) PWC may be launched only from a designated launch site at Sand 
Point.
    (3) PWC users may beach their craft only at Sand Point Beach and 
Miners Beach.
    (4) The Superintendent may temporarily limit, restrict, or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[47 FR 54932, Dec. 7, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 60 
FR 47703, Sept. 14, 1995; 70 FR 61905, Oct. 27, 2005]



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

[[Page 117]]

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 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.

[[Page 118]]

    (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 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.
    (c) Bicycles. (1) The following trails are designated as routes open 
to bicycle use:
    (i) Connector Trail from the Big Hollow Trailhead to the Maple 
Springs Trailhead;
    (ii) Big Hollow Trail;
    (iii) Mammoth Cave Railroad Bike & Hike Trail; and
    (iv) White Oak Trail.

[[Page 119]]

    (2) The following are prohibited:
    (i) Possessing a bicycle on routes or trails not designated as open 
to bicycle use;
    (ii) Unless posted otherwise, operating a bicycle in excess of 15 
miles per hour on designated routes; and
    (iii) Failing to yield the right of way to horses or hikers.
    (3) The Superintendent may open or close designated bicycle routes, 
or portions thereof, or impose conditions or restrictions for bicycle 
use after taking into consideration public health and safety, natural 
and cultural resource protection, and other management activities and 
objectives.
    (i) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (ii) Violating a closure, condition, or restriction is prohibited.

[36 FR 506, Jan. 14, 1971, as amended at 42 FR 31454, June 21, 1977; 48 
FR 30295, June 30, 1983; 77 FR 56123, Sept. 12, 2012]



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]



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.

[[Page 120]]

    (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 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.

[[Page 121]]

    (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]



Sec.  7.44  Canyonlands National Park.

    (a) Motorized Vehicle Use. Motorized vehicles are prohibited in Salt 
Creek Canyon above Peekaboo campsite.
    (b) [Reserved]

[69 FR 32876, June 14, 2004]



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.

[[Page 122]]

    (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 Sec. Sec.  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 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.

[[Page 123]]

    (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 Sec. Sec.  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.
    (8) 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, as amended at 72 
FR 13706, Mar. 23, 2007]



Sec.  7.46  Virgin Islands Coral Reef National Monument.

    (a) Extractive uses. (1) All extractive uses are prohibited within 
the boundaries of the Monument, including, but not limited to, harvest 
or collection of fish, coastal migratory pelagic fish, baitfish, 
lobsters, conch, whelk, corals, sponges and all associated reef 
invertebrates, and sand, water, plants, seeds, fruit, marine mammals, 
marine birds, gas, minerals, and rocks.
    (2) All submerged cultural resources are protected under the 
Archeological Resource Protection Act and the Abandoned Shipwrecks Act.

[[Page 124]]

    (b) Exceptions. (1) Exceptions to prohibited extractive uses are 
limited to bait fishing at Hurricane Hole and blue runner (hardnose) 
line fishing in the area south of St. John. The Superintendent shall 
issue permits for such uses.
    (2) Bait fishing shall be permitted with cast net at a distance 
greater than ten feet from the seaward edge of the mangrove prop root 
system.
    (3) A maximum of three gallons of baitfish is allowed per fisherman 
per day.
    (4) Blue runner shall be caught using hand lines and chum (a mixture 
of ground up baitfish and sand to attract the fish).
    (5) Any fish caught other than blue runner shall be released.
    (6) Vessels involved in the catch of blue runner may use moorings 
designated for that purpose.
    (c) Marine Operations. No dredging, excavating, or filling 
operations of any kind are permitted, and no equipment, structures, by-
product or excavated materials associated with such operations may be 
deposited in or on the waters or ashore within the boundaries of the 
monument.
    (d) Wrecks. No person shall destroy or molest, remove, deface, 
displace or tamper with wrecked or abandoned waterborne craft of any 
type or condition, submerged cultural resources, or any cargo pertaining 
thereto, unless permitted in writing by an authorized official of the 
National Park Service.
    (e) Boats. (1) No watercraft shall operate 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 feature.
    (2) 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.
    (3) Anchoring will only be permitted in emergency situations to 
protect life and property.
    (4) Anchoring shall only be permitted from 48 hours prior to 
landfall of the hurricane to 48 hours following passage of the 
hurricane.
    (5) No lines or ropes shall be attached to mangroves or other 
shoreline vegetation.

[68 FR 16435, Apr. 4, 2003]



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.0437" N., approximate longitude 114 deg.0244" W.
    (4) 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

[[Page 125]]

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) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (e) The Superintendent may exempt motor vessels participating in a 
regatta that has been authorized by permit issued by the Superintendent 
from the noise level limitations imposed by Sec.  3.7 of this chapter.
    (f) Personal Watercraft. (1) A person may launch and operate a 
personal watercraft in park waters or beach a personal watercraft on 
park lands, except in the following areas:
    (i) In the designated Primitive area known as the Gypsum Beds, which 
is described as Arizona T31N; R20W Portions of sections 2, 3, 10 and 11; 
and
    (ii) In the designated Primitive area known as the Virgin River, 
which is described as Nevada T36N; R68E Portions of Sections 25, 26, 34, 
35, 36; and
    (iii) In the designated Primitive/Semiprimitive area in Black 
Canyon, from the Willow Beach Harbor to Hoover Dam, prohibited from the 
first Tuesday following Labor Day weekend through Friday of Memorial Day 
weekend; and prohibited only on Sundays and Mondays from the Sunday of 
Memorial Day weekend through the Monday of Labor Day weekend, which is 
described as Nevada T22S; R65E Portions of Sections 32; T23S; R65E 
Portions of Sections 5, 8, 17, 20, 21, 28, 29, 34; T23\1/2\S; R65E 
Portions of Sections 34; T23S; R65E Portions of Sections 1, 2, and 12. 
Arizona T30N; R23W Portions of Sections 3, 10, 15, 22, 27, 34; T29N; 
R23W Portions of Sections 2, 12, 13; T29N; R22W Portions of Sections 18, 
19, 20, 29; and
    (iv) In the designated Semiprimitive area known as the Muddy River 
Confluence with Lake Mead (Overton Wildlife Management Area), which is 
described as Nevada T16S; R68E Portions of Sections 28, 29, 32, 33 and 
34 and T17; R68E; and
    (v) In the designated Semiprimitive area known as Grand Wash Bay, 
which is described as Arizona T33N; R16W Portions of Sections 16, 17, 
21, 22, 27, 28, 29, 33 and 34, and T32\1/2\ N; R16W Portions of Sections 
32 and 33; and
    (vi) In the designated Semiprimitive area known as Bonelli Bay, 
which is described as Arizona T31N; R20W Portions of Sections 4, 5, 7, 
8, 9, 16, 17, 18, 19, 20, 21, 29 and 30.
    (2) A person may not operate a personal watercraft at a speed in 
excess of flat wake speed within 200 feet of any beach occupied by 
bathers, boats at the shoreline, or persons in the water or at the 
shoreline.
    (3) After December 31, 2012, no one may operate a personal 
watercraft that does not meet the 2006 emission standards set by EPA for 
the manufacturing of two-stroke engines. A person operating a personal 
watercraft that meets the EPA 2006 emission standards through the use of 
direct-injection two-stroke or four-stroke engines, or the equivalent 
thereof, is not subject to this prohibition and will be allowed to 
operate as described in this section.
    (4) The Superintendent may limit, restrict, or terminate access to 
the areas designated for PWC use after taking into consideration public 
health and safety, natural and cultural resource protection, and other 
management activities and objectives.

[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; 68 FR 
17306, Apr. 9, 2003; 72 FR 13706, Mar. 23, 2007; 80 FR 36476, June 25, 
2015]



Sec.  7.49  Cape Lookout National Seashore.

    (a) Personal watercraft (PWC) may be operated within Cape Lookout 
National Seashore only under the following conditions:

[[Page 126]]

    (1) PWC must be operated at flat-wake speed;
    (2) PWC must travel perpendicular to shore;
    (3) PWC may only be operated within the seashore to access the 
following sound side special use areas:
    (i) North Core Banks:

------------------------------------------------------------------------
                  Access                              Location
------------------------------------------------------------------------
(A) Ocracoke Inlet.......................  Wallace Channel dock to the
                                            demarcation line in Ocracoke
                                            Inlet near Milepost 1.
(B) Milepost 11B.........................  Existing sound-side dock at
                                            mile post 11B approximately
                                            4 miles north of Long Point.
(C) Long Point...........................  Ferry landing at the Long
                                            Point Cabin area.
(D) Old Drum Inlet.......................  Sound-side beach near
                                            Milepost 19 (as designated
                                            by signs), approximately \1/
                                            2\ mile north of Old Drum
                                            inlet (adjacent to the cross-
                                            over route) encompassing
                                            approximately 50 feet.
------------------------------------------------------------------------

    (ii) South Core Banks:

------------------------------------------------------------------------
                  Access                              Location
------------------------------------------------------------------------
(A) New Drum Inlet.......................  Sound-side beach near
                                            Milepost 23 (as designated
                                            by signs), approximately \1/
                                            4\ mile long, beginning
                                            approximately \1/2\ mile
                                            south of New Drum Inlet.
(B) Great Island Access..................  Carly Dock at Great Island
                                            Camp, near Milepost 30
                                            (noted as Island South Core
                                            Banks-Great Island on map).
------------------------------------------------------------------------

    (iii) Cape Lookout:

------------------------------------------------------------------------
                  Access                              Location
------------------------------------------------------------------------
(A) Lighthouse Area North................  A zone 300 feet north of the
                                            NPS dock at the lighthouse
                                            ferry dock near Milepost 41.
(B) Lighthouse Area South................  Sound-side beach 100 feet
                                            south of the ``summer
                                            kitchen'' to 200 feet north
                                            of the Cape Lookout
                                            Environmental Education
                                            Center Dock.
(C) Power Squadron Spit..................  Sound-side beach at Power
                                            Squadron Spit across from
                                            rock jetty to end of the
                                            spit.
------------------------------------------------------------------------

    (iv) Shackleford Banks:

------------------------------------------------------------------------
                  Access                              Location
------------------------------------------------------------------------
(A) West End Access......................  Sound-side beach from Whale
                                            Creek west to Beaufort
                                            Inlet, except the area
                                            between the Wade Shores
                                            toilet facility and the
                                            passenger ferry dock.
------------------------------------------------------------------------

    (b) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[71 FR 53031, Sept. 8, 2006]



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.
    (b) Personal watercraft (PWC). (1) PWC may operate on Lake of the 
Arbuckles except in the following closed areas:
    (i) The Goddard Youth Camp Cove.
    (ii) A 150 foot wide zone around the picnic area at the end of 
Highway 110 known as ``The Point'', beginning at the buoy line on the 
north side of the picnic area and extending south and east into the cove 
to the east of the picnic area.
    (iii) The cove located directly north of the north branch of F Loop 
Road.
    (iv) A 150 foot wide zone around the Buckhorn Campground D Loop 
shoreline.
    (2) PWC may not be operated at greater than flat wake speed in the 
following locations:
    (i) The Guy Sandy arm north of the east/west buoy line located near 
Masters Pond.
    (ii) The Guy Sandy Cove west of the buoy marking the entrance to the 
cove.
    (iii) Rock Creek north of the east/west buoy line at approximately 
034 deg.2750" North Latitude.
    (iv) The Buckhorn Ramp bay, east of the north south line drawn from 
the Buckhorn Boat Ramp Breakwater Dam.
    (v) A 150 foot wide zone along the north shore of the Buckhorn Creek 
arm starting at the north end of the Buckhorn Boat Ramp Breakwater Dam 
and continuing southeast to the Buckhorn Campground D Loop beach.
    (vi) The cove south and east of Buckhorn Campground C and D Loops.
    (vii) The cove located east of Buckhorn Campground B Loop and 
adjacent to Buckhorn Campground A Loop.
    (viii) The second cove east of Buckhorn Campground B Loop, fed by a 
creek identified as Dry Branch.
    (ix) Buckhorn Creek east of the east/west buoy line located at 
approximately 096 deg.593.50" Longitude, known as the G Road Cliffs 
area.
    (x) Within 150 feet of all persons, docks, boat launch ramps, 
vessels at anchor, vessels from which people are

[[Page 127]]

fishing, and shoreline areas near campgrounds.
    (3) PWC may only be launched from the following boat ramps:
    (i) Buckhorn boat ramp.
    (ii) The Point boat ramp.
    (iii) Guy Sandy boat ramp.
    (iv) Upper Guy Sandy boat ramp.
    (4) The fueling of PWC is prohibited on the water surface. Fueling 
is allowed only while the PWC is away from the water surface and on a 
trailer.
    (5) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[49 FR 18451, Apr. 30, 1984, as amended at 69 FR 53640, Sept. 2, 2004]



Sec.  7.51  Curecanti National 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. Operating a snowmobile is allowed within the 
boundaries of Curecanti National Recreation Area under the following 
conditions:
    (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) Designated water surface and routes. Snowmobile use is confined 
to the following water surface and routes:
    (i) The frozen surface of Blue Mesa Reservoir; and
    (ii) Lake Fork Visitor Center access point, McIntyre Gulch access 
point, Sapinero Beach access point, Dillon Pinnacles access point, 
Windsurf Beach access point, Elk Creek Marina, Dry Creek access point, 
North Willow access point, Old Stevens access point, Iola access point, 
Willow Creek access point, and the most direct route from each of these 
access points to the frozen surface of Blue Mesa Reservoir.
    (3) Identification of designated water surface and routes. The 
designated water surface and routes are identified on maps available at 
the office of the Superintendent, Elk Creek Visitor Center, Lake Fork 
Visitor Center, Cimarron Visitor Center, and on the recreation area Web 
site.
    (4) Snowmobile requirements. Snowmobiles are limited to a maximum of 
1200 pounds gross vehicle weight (GVW), including cargo but excluding 
the weight of the driver and any passenger.
    (d) Personal Watercraft (PWC). PWC may operate within Curecanti 
National Recreation Area in the following designated areas and under the 
following conditions:
    (1) PWC may operate and land on Blue Mesa Reservoir between Beaver 
Creek and Blue Mesa dam, except that PWC may not operate in the buoyed 
barricaded section in the vicinity of the dam.
    (2) PWC must operate at ``flat wake'' speeds within Blue Mesa 
Reservoir in the following areas upstream of designated buoys:
    (i) Soap Creek arm at approximate longitude 107 deg.89" N latitude 
38 deg.3016" W.
    (ii) West Elk arm at approximate longitude 107 deg.1645" N latitude 
38 deg.2943" W.
    (iii) Cebolla arm at approximate longitude 107 deg.1216" N latitude 
38 deg.2737" W.
    (iv) Lake Fork arm at approximate longitude 107 deg.1819" N 
latitude 38 deg.272" W.
    (3) PWC must operate at ``flat wake'' speeds in the following areas:
    (i) Within 100 of shoreline inside Dry Creek cove.
    (ii) Within 500 of shoreline along old highway 50 and Bay of 
Chickens.
    (iii) Within the buoyed area around Elk Creek and Lake Fork marinas.
    (iv) Within the buoyed area at Iola, Stevens Creek, and Ponderosa 
boat launch.
    (v) From Lake city bridge east to Beaver Creek.
    (vi) Within 100 of shoreline adjacent to Stevens Creek campground.
    (4) PWC may only be launched from designated boat launch sites.
    (e) Off-road motor vehicle use. Operating a motor vehicle is allowed 
within the boundaries of Curecanti National

[[Page 128]]

Recreation Area off park roads under the following conditions:
    (1) Designated routes and areas. Motor vehicle use off park roads is 
confined to the following routes and areas:
    (i) Via the access points and routes listed in paragraph (c)(2)(ii) 
of this section, directly to the frozen surface of Blue Mesa Reservoir;
    (ii) A maximum area of approximately 958 acres of the exposed lake 
bottom of Blue Mesa Reservoir between the high-water mark and the water 
of the reservoir; and
    (iii) Posted designated access routes through the recreation area 
described and selected in the Curecanti Motor Vehicle Access Plan/
Finding of No Significant Impact dated July 10, 2012.
    (2) Identification of designated routes and areas. These routes and 
areas are identified on Maps 6a and 6b, dated January 1, 2011, which are 
available at the office of the Superintendent, Elk Creek Visitor Center, 
Lake Fork Visitor Center, Cimarron Visitor Center, and on the recreation 
area Web site.
    (3) Vehicle requirements. Motor vehicles operating off park roads 
must meet the following requirements:
    (i) Wheelbase width must not exceed 8 feet, 6 inches.
    (ii) Maximum gross vehicle weight for motor vehicle use on the 
frozen surface of Blue Mesa Reservoir is 1800 pounds GVW, including 
cargo but excluding the weight of the driver and any passenger. This 
restricts vehicle use on the frozen surface to all-terrain and utility 
task type vehicles.
    (4) Speed limits. Unless otherwise posted, motor vehicles may not 
exceed 15 miles per hour on designated off-road routes and areas.
    (f) Superintendent's authority. The Superintendent may open or close 
designated routes, water surfaces, access points, or areas open to 
snowmobile, PWC, or off-road motor vehicle use, or portions thereof, or 
impose conditions or restrictions for snowmobile, PWC, or off-road motor 
vehicle use after taking into consideration public health and safety, 
natural and cultural resource protection, and other management 
activities and objectives.
    (1) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (2) Violating a closure, condition or restriction is prohibited.

[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 34480, Aug. 31, 1984; 
71 FR 55119, Sept. 21, 2006; 78 FR 72031, Dec. 2, 2013]



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

[[Page 129]]

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 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  Lake Roosevelt National 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.
    (c) Personal Watercraft (PWC). (1) PWCs are allowed on the waters 
within Lake Roosevelt National Recreation Area except in the following 
areas:
    (i) Crescent Bay Lake.
    (ii) Kettle River above the Hedlund Bridge.
    (2) Launch and retrieval of PWC are permitted only at designated 
launch ramps. Launching and retrieval of PWC at Napoleon Bridge launch 
ramp is prohibited.
    (3) PWC may land anywhere along the shoreline except in designated 
swimming areas.
    (4) PWC may not be operated at greater than flat-wake speeds in the 
following locations:
    (i) Upper Hawk Creek from the waterfall near the campground through 
the area known as the ``narrows'' to the confluence of the lake, marked 
by ``flat wake'' buoy(s).
    (ii) Within 200 feet of launch ramps, marina facilities, campground 
areas, water skiers, beaches occupied by swimmers, or other persons in 
the water.
    (iii) The stretch of the Spokane Arm from 200 feet west of the Two 
Rivers Marina on the downstream end, to 200 feet east of the Fort 
Spokane launch ramp on the upstream end, above the vehicle bridge.
    (5) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[49 FR 18451, Apr. 30, 1984, as amended at 69 FR 35526, June 25, 2004]



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

[[Page 130]]

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 National Recreation Area.

    (a)(1) What terms do I need to know? In addition to the definitions 
found in Sec.  1.4 of this chapter, the following definition applies to 
this Sec.  7.57 only.
    All-terrain vehicle or ATV means a motor vehicle that is:
    (i) Equipped with a seat or seats for the use of the rider and a 
passenger, if the motor vehicle is designed by the manufacturer to 
transport a passenger;
    (ii) Designed to propel itself with three or more tires in contact 
with the ground;
    (iii) Designed by the manufacturer for off-highway use;
    (iv) Not designed by the manufacturer primarily for farming or lawn 
care; and
    (v) Not more than 50 inches wide.
    (2) Off-road motor vehicle use. Operating a motor vehicle is allowed 
within the boundaries of Lake Meredith National Recreation Area off 
roads under the conditions in this paragraph (a).
    (3) Permit requirement. (i) A special use permit issued and 
administered by the superintendent is required to operate a motor 
vehicle off roads at designated locations in the recreation area. There 
is no limit to the number of permits that the Superintendent may issue.
    (ii) The NPS charges a fee to recover the costs of administering the 
special use permits. Permit applicants must pay the fee charged by the 
NPS in order to obtain a special use permit.
    (iii) Annual permits are valid for the calendar year for which they 
are issued. Three-day permits are valid on the day designated on the 
permit and the following two days. One-day permits are valid on the day 
designated on the permit.
    (iv) A permit applicant must acknowledge in writing that he or she 
understands the rules governing off-road vehicle use in the recreation 
area.
    (v) Each motor vehicle permitted to operate off roads must display 
an NPS decal issued by the superintendent. The NPS decal must be affixed 
to the vehicle in a manner and location specified by the superintendent.
    (vi) Permits may be requested from the recreation area headquarters 
in Fritch, Texas, or on the recreation area Web site.
    (4) Designated locations. (i) The operation of a motor vehicle off 
roads within the recreation area is prohibited except at the locations 
designated by this paragraph (a). Designated locations are identified on 
maps available at the recreation area headquarters and on the recreation 
area Web site, and are marked on the ground with signs, posts, or 
cables.

[[Page 131]]

    (ii) Permitted motor vehicles may be used off roads at the following 
locations at Blue Creek, an area at the northern end of the recreational 
area that empties into Lake Meredith:

------------------------------------------------------------------------
                               Designated locations for     Part of a
                                off-road motor vehicle      management
                                         use                  zone?
------------------------------------------------------------------------
Blue Creek..................  Approximately 133.5 acres  Low Speed Zone
                               on the river bottom.       (partial
                                                          overlap).
                              Approximately one linear   No.
                               mile of routes and
                               access points to the
                               river bottom.
------------------------------------------------------------------------

    (iii) Permitted motor vehicles may be used off roads at the 
following locations at Rosita, an area of the Canadian River at the 
southern end of the recreation area:

------------------------------------------------------------------------
                                 Designated locations
                                  for off-road motor       Part of a
                                      vehicle use       management zone?
------------------------------------------------------------------------
Rosita.........................  Approximately 170.2   No.
                                  acres south of the
                                  Canadian River
                                  (currently denuded
                                  of vegetation) at
                                  the western border
                                  of LAMR where HWY
                                  287 nears the
                                  recreation area.
                                 Approximately 65.2    Hunting Zone
                                  acres south of the    (complete
                                  Canadian River and    overlap).
                                  on the east side of
                                  Bull Taco Hill.
                                 Approximately 119.3   Resource
                                  acres on the river    Protection Zone
                                  bottom.               (partial
                                                        overlap).
                                 Approximately 15.1    Resource
                                  linear miles of       Protection Zone
                                  routes and access     (partial
                                  points to the river   overlap).
                                  bottom.
                                                       Hunting Zone
                                                        (complete
                                                        overlap).
                                 Approximately one     Beginner Zone
                                  linear mile of        (complete
                                  routes south of the   overlap).
                                  Canadian River near
                                  HWY 287.
------------------------------------------------------------------------

    (5) Management zones. Some of the designated locations for off-road 
motor vehicle use enter into or abut one or more management zones that 
further manage this activity. These zones are identified on maps 
available at headquarters and on the recreation area Web site. Each zone 
has special restrictions governing off-road motor vehicle use as set 
forth in the following table:

------------------------------------------------------------------------
             Zone                Special restrictions        Location
------------------------------------------------------------------------
Beginner Zone................  Speed limit: 20 mph
                                (unless otherwise
                                posted).
                               Routes marked for         Rosita.
                                beginner operators of
                                off-road vehicles only.
Camping Zone.................  Speed limit: 15 mph
                                (unless otherwise
                                posted).
                               Off-road vehicles may     Rosita.
                                only be used to access   Blue Creek.
                                the campground;
                                recreational use
                                prohibited.
                               Off-road vehicles that
                                are not registered in a
                                state may not be used
                                from 10 p.m.-6 a.m.
                                (unless otherwise
                                posted).
Hunting Zone.................  Off-road vehicles may be  Rosita.
                                used only for hunting
                                during the Texas
                                general white-tailed
                                deer season.
Low-Speed Zone...............  Speed limit: 15 mph
                                (unless otherwise
                                posted).
                               Located approximately \1/ Blue Creek.
                                2\ mile on either side
                                of the FM 1913 bridge.
Resource Protection Zone.....  Off-road vehicles with a  Rosita.
                                wheel width greater
                                than 65 inches are
                                prohibited.
------------------------------------------------------------------------

    (6) Camping at Blue Creek and Rosita. Camping is prohibited in 
designated ORV areas, routes, and access points and within 100 feet of 
these locations, except for marked camping zones where camping is 
allowed in or next to a motor vehicle, including a tent trailer, RV, or 
van.
    (7) Operational and vehicle requirements. The following requirements 
apply to the use of motor vehicles off roads in the recreation area:
    (i) At Rosita, operating a motor vehicle in an isolated pool of 
water that is not connected to or touching flowing water is prohibited.
    (ii) Operating a motor vehicle on vegetation is prohibited.
    (iii) Glass containers are prohibited in designated areas, routes, 
and access points, and in camping zones.
    (iv) Operating a motor vehicle in excess of 35 mph (unless otherwise 
posted) on designated routes and access points at Blue Creek and Rosita 
is prohibited.
    (v) Operating a motor vehicle in excess of the speed limits 
identified in

[[Page 132]]

paragraph (a)(5) (unless otherwise posted) in specific management zones 
is prohibited.
    (vi) Operating a motor vehicle in excess of 55 mph (unless otherwise 
posted) in the designated areas that are not part of a Low-Speed Zone on 
the river bottoms at Blue Creek and Rosita is prohibited.
    (vii) All ATVs must be equipped with a whip--a pole, rod, or 
antenna--that is securely mounted on the vehicle and stands upright at 
least eight feet from the surface of the ground when the vehicle is 
stopped. This whip must have a solid red or orange safety flag with a 
minimum size of six inches by twelve inches that is attached no more 
than ten inches from the top of the whip. Flags must have a pennant, 
triangle, square, or rectangular shape.
    (viii) A motor vehicle must display lighted headlights and 
taillights during the period from one-half hour before sunset to one 
half hour after sunrise.
    (ix) Motor vehicles must have a functioning muffler system. Motor 
vehicles that emit more than 96 decibels of sound (using the SAE J1287 
test standard) are prohibited.
    (x) Operating a motor vehicle with a wheel width greater than 65 
inches in a Resource Protection Zone is prohibited.
    (8) Prohibited acts. Violating any provision of this paragraph (a), 
including the special restrictions for each management zone, or the 
terms, conditions, or requirements of an off-road vehicle permit is 
prohibited. A violation may also result in the suspension or revocation 
of the applicable permit by the superintendent.
    (9) Superintendent's authority. The superintendent may open or close 
designated areas, routes, or access points to motor vehicle use, or 
portions thereof, or impose conditions or restrictions for off-road 
motor vehicle use after taking into consideration public health and 
safety, natural and cultural resource protection, and other management 
activities and objectives. The superintendent will provide public notice 
of all such actions through one or more of the methods listed in Sec.  
1.7 of this chapter. Violating any such closure, condition, or 
restriction is prohibited.
    (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) 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.
    (d) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (e) Hunting. Hunting is allowed at times and locations designated as 
open for hunting.
    (f) Trapping. Trapping is allowed at times and locations designated 
as open for trapping.
    (g) Personal watercraft (PWC). (1) PWC may operate on Lake Meredith 
except in the following closed areas: stilling basin below Sanford Dam, 
within 750 feet of the Sanford Dam intake tower, and on the waters of 
the Canadian River.
    (2) PWC may operate on Lake Meredith under the following conditions:
    (i) Fueling of PWC is prohibited on the lake, except at the marina 
fuel dock with an attendant providing the fuel service, or onshore and 
out of the water.
    (ii) Carrying of fuel in an external or portable container onboard a 
PWC is prohibited.
    (iii) PWC may only be launched at designated launch sites 
established by the Superintendent in accordance with 36 CFR 1.5 and 1.7.
    (iv) PWC may not operate at greater than flat wake speed in the 
following designated areas: North Turkey Creek, Bugbee Canyon, North 
Canyon, North Cove, South Canyon, Sexy Canyon, Amphitheater Canyon, the 
coves between day markers 9 and 11, Fritch Canyon, Short Creek, Evans 
Canyon and Canal Canyon. Flat wake areas are designated by buoys marked 
with ``flat wake'' or other similar markings. The location of those 
buoys may be adjusted by the Superintendent based on reservoir water 
levels.

[[Page 133]]

    (3) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.
    (h) Bicycling. (1) The Superintendent may designate for bicycle use 
routes or portions of routes in the following sections of the park's 
multi-use recreational trail:
    (i) Harbor Bay-Fritch Canyon area (approximately 5.7 miles);
    (ii) Harbor Bay Short-Creek area (approximately 3.3 miles);
    (iii) Short Creek-South Turkey Creek area (approximately 2.8 miles);
    (iv) South Turkey Creek area (approximately 4.4 miles); and
    (v) Fritch Fortress area (approximately 5.2 miles).
    (2) Designation of bicycle routes or portions of routes shall be 
implemented with a written determination that the route is open for 
public use and that such bicycle use is consistent with the protection 
of the park area's natural, scenic and aesthetic values, safety 
considerations and management objectives, and will not disturb wildlife 
or park resources. Notice may be provided by posting signs and 
identifying routes on maps which shall be available in the office of the 
Superintendent and on the park's Web site.
    (3) The Superintendent may open or close designated bicycle routes, 
or portions thereof, or impose conditions or restrictions for bicycle 
use after taking into consideration public health and safety, natural 
and cultural resource protection, carrying capacity, and other 
management activities and objectives.
    (i) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (ii) Violating a closure, condition, or restriction is prohibited.

[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; 69 FR 30223, May 27, 2004; 72 FR 13706, Mar. 23, 2007; 79 FR 
15696, Mar. 21, 2014; 80 FR 55264, Sept. 15, 2015]



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 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.

[[Page 134]]

    (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) Definitions. As used in this section:
    (1) Definitions. As used in this part:
    (i) Seashore. Cape Hatteras National Seashore.
    (ii) 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.

    (iii) 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.
    (iv) 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

[[Page 135]]

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.
    (c) Off-road motor vehicle use--(1) Definitions. In addition to the 
definitions found in Sec.  1.4 of this chapter, the following terms 
apply in this paragraph (c):
    ORV means a motor vehicle used off of park roads (off-road), subject 
to the vehicle requirements, prohibitions, and permitting requirements 
described in this paragraph (c).
    ORV corridor means the actual physical limits of the designated ORV 
route in the Seashore. On the landward side, the ORV corridor on 
Seashore beaches will be marked when possible by posts that are located 
seaward of the toe of the dune or the vegetation line. On the seaward 
side, the corridor runs to the water line, which will not be marked by 
posts unless necessary. Where the ocean beach is at least 30 meters wide 
above the high tide line, the landward side of the corridor will be 
posted at least 10 meters seaward of the toe of the dune.
    (2) ORV permits. ORV permits are a form of NPS special park use 
permits, which are issued and administered by the Superintendent and for 
which the NPS charges a fee to recover its administrative costs.
    (i) A permit issued by the Superintendent is required to operate a 
vehicle on designated ORV routes at the Seashore.
    (ii) Operation of a motor vehicle authorized under an ORV permit is 
limited to those routes designated in this paragraph (c).
    (iii) There is no limit to the number of ORV permits that the 
Superintendent may issue.

[[Page 136]]

    (iv) ORV permits are valid for the dates specified on the permit. 
The public will be notified of any changes to ORV permit durations 
through one or more of the methods listed in Sec.  1.7(a) of this 
chapter.
    (v) In order to obtain a permit, an applicant must comply with 
vehicle and equipment requirements, complete a short education program 
in a manner and location specified by the Superintendent, acknowledge in 
writing an understanding of the rules governing ORV use at the Seashore, 
and pay the permit fee.
    (vi) Each permit holder must affix the proof of permit, in a manner 
and location specified by the Superintendent, to the vehicle covered by 
the permit for use off-road.
    (3) Vehicle and equipment requirements. The following requirements 
apply for driving off-road:
    (i) The vehicle must be registered, licensed, and insured for 
highway use and must comply with inspection requirements for the state, 
country, or province where the vehicle is registered.
    (ii) The vehicle may have no more than two axles.
    (iii) A towed boat or utility trailer may have no more than two 
axles.
    (iv) Vehicle tires must be listed or approved by the U.S. Department 
of Transportation.
    (v) The vehicle must carry a low-pressure tire gauge, shovel, jack, 
and jack support board.
    (4) Vehicle inspection. Authorized persons may inspect the vehicle 
to determine compliance with the requirements of this paragraph (c).
    (5) Certain vehicles prohibited. The off-road operation of a 
motorcycle, all-terrain vehicle (ATV), or utility vehicle (UTV) is 
prohibited.
    (6) Travel trailers prohibited. The towing of a travel trailer 
(i.e., a trailer with sleeping or bathroom facilities) off-road is 
prohibited.
    (7) Special-use permits for off-road driving, temporary use. 
Special-use permits issued under this paragraph are subject to resource, 
safety, and other closures implemented under Sec.  7.58(c)(10), and may 
only be used in a manner consistent with the terms and conditions of the 
permit. The Superintendent may issue a special-use permit for temporary 
off-road vehicle use to:
    (i) Authorize the North Carolina Department of Transportation to use 
Seashore beaches as a public way, when necessary, to bypass sections of 
NC Highway 12 that are impassable or closed for repairs;
    (ii) Allow participants in regularly scheduled fishing tournaments 
to drive in an area if driving was allowed in that area for that 
tournament before January 1, 2009; or
    (iii) Allow vehicular transport of mobility impaired individuals via 
the shortest, most direct distance from the nearest designated ORV route 
or Seashore road to a predetermined location in a beach area in front of 
a village that is not otherwise open to ORV use.
    (8) Commercial fishing vehicles. The Superintendent, when issuing a 
commercial fishing permit, may authorize the holder, when actively 
engaged in authorized commercial fishing, to operate a vehicle off-road.
    (i) An authorization under this paragraph may allow off-road driving 
on a beach not otherwise designated for ORV use, only if the beach is 
not subject to a resource closure or is not a lifeguarded beach.
    (ii) An authorization under this paragraph may allow off-road 
driving beginning at 5 a.m. on days when night-driving restrictions are 
in effect, to set or tend haul seine or gill nets, only if the permit 
holder is carrying and able to present a fish-house receipt from the 
previous 30 days.
    (9) ORV routes. The following tables indicate designated ORV routes. 
The following ramps are designated for off-road use to provide access to 
ocean beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, 44, 48, 49, 55, 59, 
63, 67, 68, 70, and 72. Designated ORV routes and ramps are subject to 
resource, safety, seasonal, and other closures implemented under Sec.  
7.58(c)(10). Soundside ORV access ramps are described in the table 
below. For a village beach to be open to ORV use during the winter 
season, it must be at least 20 meters (66 feet) wide from the toe of the 
dune seaward to mean high tide line. Maps showing designated routes and 
ramps are available in the Office of the Superintendent and on the 
Seashore Web site.

[[Page 137]]



------------------------------------------------------------------------
      When is the route open?            Where is the route located?
------------------------------------------------------------------------
                     Bodie Island--Designated Routes
------------------------------------------------------------------------
Year Round........................  Ramp 2 to 0.2 miles south of ramp 4.
September 15-March 14.............  0.2 miles south of ramp 4 to the
                                     eastern confluence of the Atlantic
                                     Ocean and Oregon Inlet.
------------------------------------------------------------------------
                   Hatteras Island--Designated Routes
------------------------------------------------------------------------
Year Round........................  1.5 miles south of ramp 23 to ramp
                                     27.
                                    Ramp 30 to approximately 0.3 miles
                                     south of ramp 32
                                    The following soundside ORV access
                                     routes from NC Highway 12 to
                                     Pamlico Sound between the villages
                                     of Salvo and Avon: soundside ramps
                                     46, 48, 52, 53, 54. The soundside
                                     ORV access at Little Kinnakeet
                                     starts just to the west of the
                                     Kinnakeet lifesaving structures and
                                     continues to the sound.
                                    Ramp 38 to 1.5 miles south of ramp
                                     38.
                                    The following soundside ORV access
                                     routes from NC Highway 12 to
                                     Pamlico Sound between the villages
                                     of Avon and Buxton: soundside ramps
                                     57, 58, 59, and 60.
                                    0.4 miles north of ramp 43 to Cape
                                     Point to 0.3 miles west of ``the
                                     hook.''
                                    Bypass which extends due south from
                                     the opening at ramp 44, running
                                     continuously behind the dunes until
                                     the bypass connects with the beach.
                                    Interdunal route (``Inside Road'')
                                     from intersection with Lighthouse
                                     Road (i.e. ramp 44) to ramp 49,
                                     with one spur route from the
                                     interdunal route to ramp 48.
                                    Just east of Ramp 48 to east Frisco
                                     boundary.
                                    A soundside ORV access route from
                                     Museum Drive to Pamlico Sound near
                                     Coast Guard Station Hatteras Inlet
                                    Pole Road from Museum Drive to Spur
                                     Road to Pamlico Sound, with one
                                     spur route, commonly known as Cable
                                     Crossing, to Pamlico Sound and four
                                     spur routes to the ORV route below.
                                    Ramp 55 southwest along the ocean
                                     beach for 1.6 miles, ending at the
                                     intersection with the route
                                     commonly known as Bone Road.
October 15-April 14...............  0.1 mile south of Rodanthe Pier to
                                     1.5 mile south of ramp 23
                                    1.0 mile north of ramp 34 to ramp 38
                                     (Avon)
                                    East Frisco boundary to west Frisco
                                     boundary (Frisco village beach)
                                    East Hatteras boundary to ramp 55
                                     (Hatteras village beach)
------------------------------------------------------------------------
                   Ocracoke Island--Designated Routes
------------------------------------------------------------------------
Year Round........................  Ramp 59 to just southwest of ramp
                                     63.
                                    Routes from NC Highway 12 to Pamlico
                                     Sound located north of the Pony
                                     Pens, commonly known as Prong Road,
                                     Barrow Pit Road, and Scrag Cedar
                                     Road.
                                    1.0 mile northeast of ramp 67 to 0.5
                                     mile northeast of ramp 68
                                    0.4 miles northeast of ramp 70 to
                                     Ocracoke inlet.
                                    From ramp 72 to a pedestrian trail
                                     to Pamlico Sound, commonly known as
                                     Shirley's Lane.
October 15-April 14...............  0.5 mile northeast of ramp 68 to
                                     ramp 68 (Ocracoke Campground area).
September 15-March 14.............  A route 0.6 mile south of ramp 72
                                     from the beach route to a
                                     pedestrian trail to Pamlico Sound.
                                    A route at the north end of South
                                     Point spit from the beach route to
                                     Pamlico Sound.
------------------------------------------------------------------------

    (10) Superintendent's closures. (i) The Superintendent will 
temporarily limit, restrict, or terminate access to routes or areas 
designated for off-road use based on one or more of the following 
criteria:
    (A) Public health and safety;
    (B) Vehicle carrying capacity and other ORV management 
considerations;
    (C) Natural and cultural resource protection;
    (D) Applicable species management strategies including buffer 
distances; or
    (E) Desired future conditions for threatened, endangered, state-
listed, and special status species.
    (ii) The Superintendent will conduct periodic reviews of the 
criteria for and results of these closures to assess their 
effectiveness. The public will be notified of such closures through one 
or more of the methods listed in Sec.  1.7(a) of this chapter. Violation 
of any closure is prohibited.
    (iii) The Superintendent will remove or relax closures based on the 
same criteria used for closure.
    (11) Rules for Vehicle Operation. (i) Notwithstanding the definition 
of ``Public Vehicular Area'' (PVA) in North Carolina law, the operator 
of any motor vehicle anywhere in the Seashore, whether in motion or 
parked, must at all times comply with all North Carolina traffic laws 
that would apply if the operator were operating the vehicle on a North 
Carolina highway.

[[Page 138]]

    (ii) In addition to the requirements of Part 4 of this chapter, the 
following restrictions apply:
    (A) A vehicle operator must yield to pedestrians on all designated 
ORV routes.
    (B) When approaching or passing a pedestrian on the beach, a vehicle 
operator must move to the landward side to yield the wider portion of 
the ORV corridor to the pedestrian.
    (C) A vehicle operator must slow to 5 mph when traveling within 30.5 
meters (100 feet) or less of pedestrians at any location on the beach at 
any time of year.
    (D) An operator may park on a designated ORV route, but no more than 
one vehicle deep, and only as long as the parked vehicle does not 
obstruct two-way traffic.
    (E) When driving on a designated route, an operator must lower the 
vehicle's tire pressure sufficiently to maintain adequate traction 
within the posted speed limit.
    (F) The speed limit for off-road driving is 15 mph, unless otherwise 
posted.
    (12) Hours of Operation/Night-Driving Restrictions. (i) Hours of 
operation and night-driving restrictions are listed in the following 
table:

              Hours of Operation/Night Driving Restrictions
------------------------------------------------------------------------
   When are the restrictions in
              place?                Where are the restrictions in place?
------------------------------------------------------------------------
November 16-April 30..............  All designated ORV routes are open
                                     24 hours a day.
May 1-September 14................  Designated ORV routes in sea turtle
                                     nesting habitat (ocean intertidal
                                     zone, ocean backshore, dunes) are
                                     closed at 9:00 p.m. and open no
                                     earlier than 6:00 a.m. The Seashore
                                     will publish exact opening times on
                                     an annual basis.
September 15-November 15..........  Designated ORV routes in sea turtle
                                     nesting habitat (ocean intertidal
                                     zone, ocean backshore, dunes) are
                                     closed at 9:00 p.m. and open no
                                     earlier than 6:00 a.m., but the
                                     Superintendent may open designated
                                     ORV routes, or portions of the
                                     routes, 24 hours a day if no turtle
                                     nests remain. The Seashore will
                                     publish exact opening times on an
                                     annual basis.
------------------------------------------------------------------------

    (ii) Maps available in the office of the Superintendent and on the 
Seashore's Web site will show routes closed due to night-driving 
restrictions, and routes or portions of the routes the Superintendent 
opens because there are no turtle nests remaining.
    (13) Vehicle carrying capacity. The maximum number of vehicles 
allowed on any ORV route, at one time, is the length of the route (or, 
if part of the route is closed, the length of the portion of the route 
that is open) divided by 6 meters (20 feet).
    (14) Violating any of the provisions of this paragraph, or the 
terms, conditions, or requirements of an ORV or other permit authorizing 
ORV use is prohibited. A violation may also result in the suspension or 
revocation of the applicable permit by the Superintendent.
    (15) Information Collection. As required by 44 U.S.C. 3501 et seq., 
OMB has approved the information collection requirements contained in 
this paragraph. The OMB approval number is 1024-0026. NPS is collecting 
this information to provide the Superintendent data necessary to issue 
ORV special-use permits. The information will be used to grant a 
benefit. The obligation to respond is required in order to obtain the 
benefit in the form of the ORV permit.

[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; 77 FR 3142, Jan. 23, 2012; 81 FR 
93604, Dec. 21, 2016]



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.
    (2) The powerline right-of-way road from Country Road 73 which moves 
across the Grand Portage Trail.

[[Page 139]]

    (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.
    (d) Solid waste disposal. A solid waste transfer station located 
near Stehekin within the boundary of Lake Chelan National Recreation 
Area must comply with all provisions in 36 CFR part 6, except it may:
    (1) Accept solid waste generated within the boundary of the park 
unit that was not generated by National Park Service activities;
    (2) Be located within one mile of a campground or a residential 
area;
    (3) Be visible by the public from scenic vistas or off-trail areas 
in designated wilderness areas;
    (4) Be detectable by the public by sound from a campground; and
    (5) Be detectable by the public by sight, sound, or odor from a road 
open to public travel.

[49 FR 18451, Apr. 30, 1984, as amended at 49 FR 19652, May 9, 1984; 54 
FR 48869, Nov. 28, 1989; 80 FR 74990, Dec. 1, 2015]



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.

[[Page 140]]

    (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 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

[[Page 141]]

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 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).

[[Page 142]]

    (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, 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

[[Page 143]]

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 registration 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.
    (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.

[[Page 144]]

    (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.
    (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.
    (c) Personal Watercraft. (1) Personal Watercraft (PWC) are allowed 
in Assateague Island National Seashore within the following locations 
and under the following conditions:
    (i) Ocean City Inlet: PWC may operate, transit, launch in water or 
beach on land between the north shore of Assateague Island and the south 
margin of the established Ocean City Inlet channel, between Lighted Buoy 
10 at approximate latitude 38.19.30N, longitude 75.05.30W and Lighted 
Buoy 11 at approximate latitude 38.19.16N, longitude 75.09.0W
    (ii) Chincoteague Bay: PWC may operate, transit or launch in waters 
between the established Park boundary and the western shore of 
Assateague Island, from Assateague Point north to that portion of Horse 
Marsh located due east of the Memorial Park boat ramp on Chincoteague 
Island.
    (iii) Oceanside: PWC are allowed to beach along the ocean side of 
the island only in the case of personal injury or mechanical failure.
    (2) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and

[[Page 145]]

cultural resource protection, and other management activities and 
objectives.

[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; 68 FR 32375, May 30, 2003]



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 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.

[[Page 146]]

    (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.
    (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:

[[Page 147]]

    (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.
    (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

[[Page 148]]

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 by the Superintendent as open to hunting.
    (2) Except as otherwise provided in this section, hunting is 
permitted in accordance with Sec.  2.2 of this chapter.
    (3) Only deer, upland game (including Eastern Wild Turkey), and 
migratory waterfowl may be hunted.
    (4) Hunting is prohibited from March 1st through August 31st each 
year, except for the taking of Eastern Wild Turkey as designated by the 
Superintendent.
    (5) The Superintendent may:
    (i) Require permits and establish conditions for hunting; and
    (ii) Limit, restrict, or terminate hunting access or activities 
after taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives.
    (6) The public will be notified of such limitations, restrictions, 
closures, or other hunting related designations through one or more 
methods listed in Sec.  1.7(a) of this chapter.
    (7) Violating a closure, designation, use or activity restriction or 
a term or condition of a permit is prohibited. Violating a term or 
condition of a permit may result in the suspension or revocation of the 
permit by the Superintendent.

[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; 77 FR 9855, Feb. 21, 2012]



Sec.  7.68  Russell Cave National Monument.

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

[[Page 149]]

    (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.5945" N., 
longitude 111 deg.3045" W.
    (2) Bullfrog, latitude 37 deg.3300" N., longitude 110 deg.4245" W.
    (3) Halls Crossing, latitude 37 deg.2810" N., longitude 
110 deg.4200" W.
    (4) Hite, latitude 37 deg.5330" N., longitude 110 deg.2300" W.
    (5) Gordon Flats, latitude 38 deg.1030" N., longitude 
110 deg.0900" 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) 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

[[Page 150]]

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.
    (d) 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.
    (e) PWC. (1) A person may launch and operate a PWC in park waters or 
beach a PWC on park lands, except in the following areas:
    (i) On the Colorado River between Glen Canyon Dam and the downstream 
river boundary of Glen Canyon National Recreation Area where it adjoins 
Grand Canyon National Park.
    (ii) On the Colorado River upstream of Sheep Canyon.
    (iii) On the San Juan River upstream of Clay Hills pullout.
    (iv) On the Escalante River upstream of Coyote Creek.
    (v) On the Dirty Devil River upstream of Utah Highway 95 bridge.
    (2) A person may not operate a PWC at speed in excess of flat wake 
speed on the Escalante River from Cow Canyon to Coyote Creek.
    (3) After December 31, 2012, no one may operate a PWC that does not 
meet the 2006 emission standards set by EPA for the manufacturing of 
two-stroke engines. A person operating a PWC that meets the EPA 2006 
emission standards through the use of direct injection two-stroke or 
four-stroke engines, or the equivalent thereof, is not subject to this 
prohibition and will be allowed to operate as described in this section.
    (4) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[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; 68 FR 55465, Sept. 26, 
2003; 72 FR 13706, Mar. 23, 2007]



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 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

[[Page 151]]

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 truck.................................       $3
(ii) Two-axle vehicle with trailer.............................       $5
(iii) Two-axle 6-wheeled vehicle...............................       $8
(iv) Three-axle vehicle........................................      $10
(v) Four-axle vehicle..........................................      $13
(vi) Five or more-axle vehicle.................................      $18
 


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; 69 FR 57181, 
Sept. 24, 2004]

[[Page 152]]



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) Extractive uses. All extractive uses are prohibited within the 
boundaries of the Monument, including but not limited to harvest or 
collection (on the land or in the water) of fish for any use, marine 
mammals, coastal migratory pelagic fish, baitfish, lobsters, conch, 
whelk, hermit crabs (soldier crabs), seashells, corals, dead coral, sea 
fans, sponges and all associated reef invertebrates, plants, fruits and 
seeds, firewood, driftwood, rocks, sand, gas, oil, and minerals.
    (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 operate 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) Anchoring is prohibited except by permit issued by the 
Superintendent for deep sand bottom areas or for administrative 
purposes.
    (4) Anchoring will be allowed in emergency situations only to 
protect life and property.
    (5) 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) All forms of fishing are prohibited including, but 
not limited to, spearfishing, rod and reel, hand-line, nets, gill or 
trammel, traps or pots, snares, hooks, poison, cast nets, trawl, seine, 
and long-line.
    (2) The use or possession of any type of fishing equipment or any of 
the items listed in paragraph (a) of this section is prohibited within 
the boundaries of the Monument.

[29 FR 17091, Dec. 15, 1964, as amended at 48 FR 30295, June 30, 1983; 
68 FR 16435, Apr. 4, 2003]



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.
    (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.

[[Page 153]]

    (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 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.

[[Page 154]]

    (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 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]

[[Page 155]]



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) Personal Watercraft (PWC). (1) PWCs are allowed within Amistad 
National Recreation Area with the following exceptions:
    (i) The following areas are closed to PWC use:
    (A) Hidden Cave Cove (where marked by buoys), located on the Rio 
Grande.
    (B) Painted Canyon (where marked by buoys), located on the Rio 
Grande.
    (C) Seminole Canyon, starting 0.5 miles from the mouth of the Rio 
Grande.
    (D) Government coves at Diablo East and Rough Canyon to include the 
water and shoreline to the top of the ridge/property line.
    (E) All terrestrial cave and karst features.
    (F) The Lower Rio Grande area below Amistad Dam.
    (G) The water area extending 1000 feet out from the concrete portion 
of Amistad Dam.
    (ii) PWC are prohibited from landing on any island posted as closed.
    (2) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[34 FR 6524, Apr. 16, 1969, as amended at 34 FR 15415, Oct. 3, 1969; 49 
FR 18451, Apr. 30, 1984; 69 FR 30216, May 27, 2004; 72 FR 13706, Mar. 
23, 2007]



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.
    (c) Bicycling. (1) The Sleeping Bear Heritage Trail, approximately 
27 miles in length from the southern Leelanau County line at Manning 
Road to County Road 651 at Good Harbor Beach, is designated as a route 
for bicycle use.
    (2) The Superintendent may open or close designated routes, or 
portions thereof, or impose conditions or restrictions for bicycle use 
after taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives. (i) The Superintendent will provide public notice of all 
such actions through one or more of the methods listed in Sec.  1.7 of 
this chapter.

[[Page 156]]

    (ii) Violating a closure, condition, or restriction is prohibited.

[49 FR 18451, Apr. 30, 1984, as amended at 78 FR 11984, Feb. 21, 2013]



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.

    (a) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (b) Snowmobiles. (1) Snowmobiles may be operated for authorized 
purposes in the following designated areas within the Lakeshore:
    (i) The frozen surface of Lake Superior that surrounds every island 
from the shoreline out to the authorized boundary;
    (ii) The frozen surface of Lake Superior from Sand Point to the 
mainland unit's eastern boundary;
    (iii) The \1/4\ mile section of the Big Sand Bay Road that passes 
through the park mainland unit to non-NPS property.
    (2) Snowmobile use is authorized solely for the purpose of providing 
access for legal forms of:
    (i) Ice fishing;
    (ii) Hunting and trapping;
    (iii) Winter camping;
    (iv) Other non-motorized recreational activities; and
    (v) Access to non-NPS property by owners, and to NPS properties by 
``use and occupancy'' lessees and their guests.
    (3) Snowmobiles may be used for administrative, law enforcement, and 
emergency services as determined by the Superintendent.
    (4) Snowmobile use in areas and for purposes other than those stated 
in paragraphs (b)(1) and (b)(2) of this section is prohibited.
    (5) Maps showing designated use areas are available at park 
headquarters.
    (c) Off-road vehicles. (1) Off-road motor vehicles may be operated 
for authorized purposes in the following designated areas within the 
Lakeshore:
    (i) The frozen surface of Lake Superior that surrounds every island 
from the shoreline out to the authorized boundary; and
    (ii) The frozen surface of Lake Superior from Sand Point to the 
mainland unit's eastern boundary.
    (2) Off-road motor vehicle use is authorized solely for the purpose 
of providing access for legal forms of:
    (i) Ice fishing;
    (ii) Hunting and trapping;
    (iii) Winter camping;
    (iv) Other non-motorized recreational activities; and
    (v) Access to non-NPS property by owners, and to NPS properties by 
``use and occupancy'' lessees and their guests.
    (3) Off-road motor vehicles may be used for administrative, law 
enforcement, and emergency services as determined by the Superintendent.
    (4) Off-road motor vehicle use in areas and for purposes other than 
those stated in paragraphs (c)(1) and (c)(2) is prohibited.
    (5) Maps showing designated use areas are available at park 
headquarters.
    (d) Ice augers and power engines. (1) Ice auger means a portable 
gasoline or electric powered engine connected to a rotating helical 
shaft for boring through the frozen surface of a lake.
    (2) Power engine means a mobile gasoline or electric powered engine 
or device that is connected to a rotating saw blade or teeth linked in 
an endless chain for cutting through the frozen ice surface of a lake.
    (3) Notwithstanding the requirements of 36 CFR 2.12(a)(3), operation 
of an ice auger or power engine is authorized on designated portions of 
Lake Superior for the specific purpose of cutting through the ice 
surface to provide access for legal ice fishing activity.
    (4) Areas designated for use of an ice auger or power engine 
include:
    (i) The frozen surface of Lake Superior that surrounds every island 
from the shoreline out to the authorized boundary; and

[[Page 157]]

    (ii) The frozen surface of Lake Superior from Sand Point to the 
mainland unit's eastern boundary.
    (5) Maps showing designated use areas are available at park 
headquarters.
    (6) Use of an ice auger or power engine on any land surface or 
frozen water surface outside of designated use areas is prohibited 
without a permit.

[49 FR 18451, Apr. 30, 1984, as amended at 70 FR 16716, Apr. 1, 2005]



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 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

[[Page 158]]

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 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.2930".
    (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.

[[Page 159]]

    (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.
    (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.

[[Page 160]]

    (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 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 affidavit, 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

[[Page 161]]

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 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.

[[Page 162]]

    (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]



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]



Sec.  7.89  New River Gorge National River.

    (a) Hunting--(1) May I hunt within New River Gorge National River? 
Yes, you may hunt if you:
    (i) Possess a valid West Virginia State hunting license or permit, 
or are exempt under provisions of West Virginia law.
    (ii) Comply with the hunting seasons, harvest limits, and any other 
conditions established by the State of West Virginia.
    (iii) Do not violate any closures or limitations established by the 
Superintendent for reasons of public safety, resource protection, or 
other management considerations.
    (2) Do West Virginia state hunting laws apply within New River Gorge 
National River? Yes, non-conflicting State hunting laws are adopted as 
part of the regulations in this section and apply within New River Gorge 
National River.
    (b) Bicycling. (1) Where may I ride a bicycle within New River Gorge 
National River? Bicycle use is allowed:
    (i) On park roads and in parking areas; and
    (ii) On administrative roads and trails authorized for bicycle use 
as listed in the following table.

  Administrative Roads and Trails Authorized for Bicycle Use--North to 
                                  South

Hawks Nest Connector Trail
Fayetteville Trail
Park Loop Trail
Timber Ridge Trail
Kaymoor Trail
Craig Branch Trail
Arrowhead Trail
Long Point Trail (except 0.2 miles closest to Long Point Vista)
Keeneys Creek Rail Trail
Headhouse Trail
Tipple Trail
Seldom Seen Trail
Nuttallburg Town Loop Connector Trail
Brooklyn Mine Trail
Brooklyn Miner's Connector Trail
Southside Trail
Rend Trail
Stone Cliff Trail
Terry Top Trail
Garden Ground Stacked Loop Trail
Little Laurel Trail
Mud Turn Trail
Glade Creek Trail
Panther Branch Connector Trail

    (2) How will I know where these administrative roads and trails are 
located in the park? The administrative roads and trails where bicycle 
use is authorized are identified on maps located in the Superintendent's 
office, at park visitor centers, at interpretive kiosks, and on the 
park's Web site. Additional information about bicycling will also be 
posted at appropriate trailheads and other locations.
    (3) What requirements must I meet to ride a bicycle within New River 
Gorge National River? (i) In addition to the applicable provisions in 36 
CFR part 4, all bicyclists must yield to other trail users in the 
following manner:
    (A) A bicyclist must yield to an equestrian;
    (B) A bicyclist must yield to a pedestrian; and
    (C) A bicyclist travelling downhill must yield to a bicyclist 
travelling uphill.
    (ii) Yielding the right of way requires slowing down to a safe 
speed, being prepared to stop, establishing communication, and passing 
safely.
    (iii) Failure to yield is prohibited.

[[Page 163]]

    (4) How will the Superintendent manage bicycle use where it is 
authorized? The Superintendent may close park and administrative roads, 
parking areas and trails, or portions thereof, reopen the same, or 
impose conditions or restrictions for bicycle use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.
    (i) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (ii) Violating a closure, condition, or restriction is prohibited.

[68 FR 55317, Sept. 25, 2003, as amended at 78 FR 73097, Dec. 5, 2013]



Sec.  7.90  Chattahoochee River National Recreation Area.

    (a) Bicycling. (1) Where may I ride a bicycle within Chattahoochee 
River National Recreation Area? The following routes are designated for 
bicycle use:
    (i) The approximately 500-foot-long segment of paved multi-use trail 
along the Chattahoochee River located within the boundary of the Vickery 
Creek unit.
    (ii) The approximately 2.2-mile-long multi-use trail in the Johnson 
Ferry South unit that connects to the bridge underpass at Johnson Ferry 
Road.
    (iii) The approximately 6.7-mile-long loop-style multi-use trail in 
the Cochran Shoals unit.
    (2) Will the routes be identified on the ground? Yes, the three 
trails will be posted at trail junctions indicating they are open to 
bicycle use.
    (3) Where can I find maps depicting routes designated for bicycle 
use? Maps depicting designated bicycle routes are available in the 
office of the Superintendent and online at www.nps.gov/chat/
planyourvisit/bike-maps.htm.
    (4) How will the Superintendent manage the designated bicycle 
routes? (i) The Superintendent may open or close designated bicycle 
routes, or portions thereof, or impose conditions or restrictions for 
bicycle use after taking into consideration public health and safety, 
natural and cultural resource protection, carrying capacity and other 
management activities and objectives.
    (ii) Following a rain event, the Superintendent may exercise 
discretion to temporarily close the trails in the Johnson Ferry South 
and Cochran Shoals units to mitigate soil erosion and water quality 
impacts from bicycle use.
    (iii) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (iv) Violating a closure, condition, or restriction is prohibited.
    (b) [Reserved]

[78 FR 14450, Mar. 6, 2013]



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,

[[Page 164]]

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.5541" 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 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.
    (d) Personal Watercraft (PWC). (1) PWC use is allowed in Bighorn 
Canyon National Recreation Area, except in the following areas:
    (i) In the gated area south of Yellowtail Dam's west side to 
spillway entrance works and Bighorn River from Yellowtail Dam to cable 
3,500 feet north.
    (ii) At Afterbay Dam from fenced areas on west side of dam up to the 
dam.
    (iii) In Afterbay Lake, the area between dam intake works and buoy/
cable line 100 feet west.
    (iv) At Government docks as posted.
    (v) At the Ok-A-Beh gas dock, except for customers.
    (vi) From Yellowtail Dam upstream to the log boom.
    (vii) In Bighorn Lake and shoreline south of the area known as the 
South Narrows (legal description R94W, T57N at the SE corner of Section 
6, the SW corner of Section 5, the NE corner of

[[Page 165]]

Section 7, and the NW corner of Section 8). Personal watercraft users 
are required to stay north of the boundary delineated by park installed 
buoys.
    (2) The Superintendent may temporarily limit, restrict, or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[36 FR 21666, Nov. 12, 1971, as amended at 48 FR 29845, June 30, 1983; 
52 FR 34777, Sept. 15, 1987; 70 FR 31353, June 1, 2005]



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]



Sec.  7.94  Bryce Canyon National Park.

    (a) The Superintendent may designate for bicycle use routes or 
portions of routes on the following sections of the park's multi-use 
recreational path:
    (1) A section between the park boundary near Bryce Canyon City and 
Inspiration Point parking area (approximately 3.9 miles);
    (2) A section between the intersection of Bryce Point road and 
Inspiration Point road, and a trailhead near Bryce Point parking area 
(approximately 2.3 miles).
    (b) The Superintendent will provide notice of all bicycle route 
designations through one or more of the methods listed in Sec.  1.7 of 
this chapter, and place the designations on maps that are available in 
the office of the Superintendent and other places convenient to the 
public.
    (c) The Superintendent may open or close designated bicycle routes, 
or portions thereof, or establish conditions or restrictions for bicycle 
use after considering public health and safety, natural and cultural 
resource protection, carrying capacity, and other management activities 
and objectives.
    (1) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (2) Violating a closure, condition, or restriction is prohibited.

[80 FR 24212, Apr. 30, 2015]



Sec.  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.

[[Page 166]]

    (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 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.

[[Page 167]]

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 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.
    (5) Parking. Violation of a traffic control device regulating 
parking is punishable by fine. In any violation of a traffic control 
device regulating parking, proof that the described vehicle was parked 
in violation, together with proof that the defendant was at the time the 
registered owner of the vehicle, shall constitute a prima facie 
presumption that the registered owner of the vehicle was the person who 
committed the violation.
    (g) Demonstrations and special events--(1) Definitions. (i) The term 
``demonstration'' includes demonstrations, picketing, speechmaking, 
marching, holding vigils or religious services and all other like forms 
of conduct that involve the communication or expression of views or 
grievances, engaged in by one or more persons, the conduct of which is 
reasonably likely to draw a crowd or onlookers. This term does not 
include casual park use by visitors or tourists that is not reasonably 
likely 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

[[Page 168]]

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 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 
Division of Permits Management, National Mall and Memorial Parks, 900 
Ohio Drive SW., Washington DC 20024. 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 the Division of Permits 
Management 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.

[[Page 169]]

    (ii) Other park areas. Demonstrations and special events are not 
allowed 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.
    (E) Maps of the park areas designated in this paragraph are as 
follows. The darkened portions of the diagrams show the areas where 
demonstrations or special events are prohibited.

[[Page 170]]

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 171]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    (4) Permit processing. (i) NPS processes permit applications for 
demonstrations and special events in order of receipt. NPS will not 
accept applications more than one year in advance of a proposed 
continuous event (including set-up time, if any). Use of a particular 
area is allocated in order of receipt of

[[Page 172]]

fully executed applications, subject to the limitations in this section.
    (ii) Specific national celebration events have priority use of 
particular park areas as shown in the following table:

------------------------------------------------------------------------
                               Has priority use of
  The following event . . .   the following area .    At the following
                                       . .               time . . .
------------------------------------------------------------------------
(A) Lighting of the National  Northern half of the  The last four weeks
 Christmas Tree and            oval portion of the   in December as well
 Christmas Pathway of Peace.   Ellipse.              as necessary set-up
                                                     and take-down
                                                     between October 1
                                                     through February 1.
(B) Cherry Blossom Festival.  Park areas adjacent   Two weeks usually in
                               to the Tidal Basin    late March or early
                               and the sidewalk      April as well as
                               areas adjacent to     the an additional
                               Constitution          two weeks for the
                               Avenue, between       necessary set-up
                               15th & 17th Streets   and take-down.
                               NW.
(C) Fourth of July            Washington Monument   Time required for
 Celebration.                  Grounds and the       necessary staging
                               Lincoln Memorial      and fireworks set-
                               Reflecting Pool       up and take-down,
                               area.                 totaling three
                                                     weeks in late June
                                                     and early July.
(D) Smithsonian Folklife      The area bounded on   For a two-week
 Festival.                     the south by          period in
                               Jefferson Drive NW;   approximately late
                               on the north by       June and early July
                               Madison Drive, NW;    and an additional
                               on the east by 7th    eight weeks for the
                               Street, NW; on the    necessary set-up
                               west by 14th          and take-down.
                               Street, NW.
(E) Columbus Day              At the Columbus       On Columbus Day.
 Commemorative Wreath-Laying.  statue on the Union
                               Plaza.
(F) Presidential Inaugural    See paragraph         See paragraph
 Ceremonies.                   (g)(4)(iii) of this   (g)(4)(iii) of this
                               section.              section.
------------------------------------------------------------------------

    (iii) In connection with Presidential Inaugural Ceremonies the 
following areas are reserved for priority use as set forth in this 
paragraph.
    (A) The White House sidewalk and Lafayette Park, exclusive of the 
northeast quadrant for the exclusive use of the Presidential Inaugural 
Committee on Inaugural Day.
    (B) Portions of Pennsylvania Avenue, National Historic Park and 
Sherman Park, as designated in the maps included in paragraph 
(g)(4)(iii)(E) of this section, for the exclusive use of the 
Presidential Inaugural Committee on Inaugural Day for:
    (1) Ticketed bleachers viewing and access areas, except that members 
of the public may use a ticketed bleacher seat that has not been claimed 
by the ticket holder 10 minutes before the Inaugural Parade is scheduled 
to pass the bleacher's block;
    (2) Portable toilets, except that they will be available to the 
public;
    (3) Television and radio media and Armed Forces Inaugural Committee 
parade support structures;
    (4) The area in front of the John A. Wilson Building for the 
District of Columbia reviewing stand;
    (5) Viewing areas designated for individuals with disabilities, 
except that they will be available to any disabled persons.
    (C) The area of the National Mall between 14th and 1st Streets, for 
the exclusive use of the Armed Forces Inaugural Committee on Inaugural 
Day for the assembly, staging, security and weather protection of the 
pre-Inaugural parade components and floats on Inaugural Day, except for:
    (1) The placement of jumbotrons and sound towers by the Architect of 
the Capitol or the Joint Congressional Committee on Inaugural Ceremonies 
so that the Inaugural ceremony may be observed by the Joint 
Congressional Committee's ticketed standing room ticket holders between 
4th and 1st Streets and the general public between 7th and 4th Streets; 
and
    (2) A 150-foot-by-200-foot area on the National Mall just east of 
7th Street, for the exclusive use of the Presidential Inaugural 
Committee for television and radio media broadcasts on Inaugural Day.
    (D) The Presidential Inaugural Committee may also use portions of 
its designated areas reasonably necessary for setting up and taking down 
stands, bleachers, media and parade support structures as shown in the 
following table:

[[Page 173]]



------------------------------------------------------------------------
 The Presidential Inaugural Committee may    During the following period
       use the following area . . .                     . . .
------------------------------------------------------------------------
(1) The White House sidewalk and Lafayette  November 1 through March 1.
 Park.
(2) Pennsylvania Avenue, National Historic  December 7 through February
 Park and Sherman Park.                      10.
(3) The National Mall between 14th and 1st  January 6 through January
 Streets.                                    30.
------------------------------------------------------------------------

    (E) Maps of designated portions of Pennsylvania Avenue, National 
Historic Park and Sherman Park referred to in paragraph (g)(4)(iii)(B) 
of this section are as follows:

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[[Page 175]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 176]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 177]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


[[Page 178]]


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    (iv) Other demonstrations or special events are permitted in park 
areas under permit for the National Celebration Events listed in 
paragraph (g)(4)(ii) of this section to the extent that they do not 
significantly interfere with the National Celebration Events.

[[Page 179]]

Except for Inaugural ceremony activities, 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.
    (v) NPS will issue a permit for a demonstration on the White House 
sidewalk and in Lafayette Park at the same time only if the requirements 
of this paragraph are met. The organization, group, or other sponsor of 
the demonstration must undertake in good faith all reasonable action, 
including the provision of sufficient marshals, to ensure that the 
sponsor:
    (A) Maintains good order and self-discipline in conducting the 
demonstration and any necessary movement of persons; and
    (B) Observes the numerical limitations and waiver provisions 
described in paragraphs (g)(5)(i) and (ii) of this section.
    (vi) NPS will issue permits authorizing demonstrations or special 
events for the periods shown in the following table. NPS may extend 
these periods for demonstrations only, unless another application 
requests use of the particular area and that application precludes 
double occupancy.

----------------------------------------------------------------------------------------------------------------
                                                                          Permit validity period for inaugural
               Park area                     Permit validity period                    activities
----------------------------------------------------------------------------------------------------------------
(A) White House area, except the         7 days.......................  Between October 24 through April 1 for
 Ellipse.                                                                reasonable and necessary set-up and
                                                                         take-down activities for the White
                                                                         House Sidewalk and Lafayette Park.
(B) The Ellipse and all other park       4 months.....................  Between December 7 through February 10
 areas.                                                                  for reasonable and necessary set-up and
                                                                         take-down activities for Pennsylvania
                                                                         Avenue, National Historic Park and
                                                                         Sherman Park.
----------------------------------------------------------------------------------------------------------------

    (vii) 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

[[Page 180]]

Sidewalk and in Lafayette Park at the 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) 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.
    (v) 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.
    (vi) 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 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'

[[Page 181]]

platforms. This provision does not restrict the use of portable signs or 
banners.
    (vii) 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.
    (viii) 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.
    (ix) 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); 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

[[Page 182]]

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.
    (x) 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.
    (xi) 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.
    (xii) 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.
    (xiii) 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.
    (h) Soliciting. (1) The in-person soliciting or demanding of money 
or funds for donation on Federal park land is prohibited, unless it 
occurs as part of a permit issued for a demonstration or special event.
    (2) Persons permitted to solicit must not:
    (i) Give false or misleading information regarding their purposes or 
affiliations;
    (ii) Give false or misleading information as to whether any item is 
available without donation.
    (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

[[Page 183]]

bedding for the purpose of sleeping), or storing personal belongings, or 
making 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

[[Page 184]]

Bacon Drive sidewalks adjacent to the Vietnam Veterans Memorial.
    (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; 72 FR 54843, Sept. 27, 2007; 73 FR 67744, Nov. 17, 2008; 
75 FR 8807, Feb. 26, 2010; 76 FR 17028, Mar. 28, 2011; 78 FR 14678, Mar. 
7, 2013]



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.

[[Page 185]]

    (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 at least 500 
feet to the front and with a red light or reflector visible from at 
least 200 feet to the rear.
    (d) Dogs--Crissy Field and Ocean Beach Snowy Plover Areas. (1) Dogs 
must be restrained on a leash not more than six feet in length starting 
July 1 and ending May 15, in the following areas:
    (i) Crissy Field Wildlife Protection Area (WPA): Dog walking 
restricted to on-leash only in the area encompassing the shoreline and 
beach north of the Crissy Field Promenade (excluding the paved parking 
area, sidewalks and grass lawn of the former Coast Guard Station 
complex) that stretches east from the Torpedo Wharf to approximately 700 
feet east of the former Coast Guard station, and all tidelands and 
submerged lands to 100 yards offshore.
    (ii) Ocean Beach Snowy Plover Protection Area (SPPA): Dog walking 
restricted to on-leash only in the area which encompasses the shoreline 
and beach area west of the GGNRA boundary, between Stairwell 21 to Sloat 
Boulevard, including all tidelands and submerged lands to 1,000 feet 
offshore.
    (2) Notice of these annual restrictions will be provided through the 
posting of signs at the sites, on maps identifying the restricted areas 
on the park's official website and through maps made available at other 
places convenient to the public.

[38 FR 32931, Nov. 29, 1973, as amended at 49 FR 18452, Apr. 30, 1984; 
57 FR 58716, Dec. 11, 1992; 73 FR 54321, Sept. 19, 2008]



Sec.  7.100  Appalachian National Scenic Trail.

    (a) What activities are prohibited? (1) The use of bicycles, 
motorcycles or other motor vehicles is prohibited. The operation of 
snowmobiles is addressed in paragraph (b).
    (2) The use of horses or pack animals is prohibited, except in 
locations designated for their use.
    (b) Where can I operate my snowmobile? (1) You may cross the 
Appalachian National Scenic Trail corridor by using established, State-
approved snowmobile trails in Maine, New Hampshire, Vermont, 
Massachusetts and Connecticut that are allowed by deeded right-of-way 
reserved by the seller or by public road right-of-way. You may also 
cross National Park Service administered lands within the Appalachian 
National Scenic Trail corridor at the following locations:
    (2) Nahmakanta Lake Spur--The spur snowmobile route that leads from 
Maine Bureau of Parks and Lands Debsconeag Pond Road to the southeastern 
shore of Nahmakanta Lake.
    (3) Lake Hebron to Blanchard-Shirley Road Spur--The spur snowmobile 
route that leads from Lake Hebron near Monson, Maine to the Maine 
Interconnecting Trail System Route 85 near the Blanchard-Shirley Road.
    (4) Massachusetts Turnpike to Lower Goose Pond Crossing--That part 
of the Massachusetts Interconnecting Trail System Route 95 from the 
Massachusetts Turnpike Appalachian Trail Bridge to the northeastern 
shore of Lower Goose Pond.
    (5) Temporary crossings of National Park Service administered 
Appalachian Trail corridor lands may be designated by the Park Manager 
in the Superintendent's Compendium of Orders when designated snowmobile 
routes are temporarily dislocated by timber haul road closures.
    (6) Maps that show the crossings of National Park Service 
administered lands within the Appalachian National Scenic Trail may be 
obtained from the Park Manager, Appalachian National Scenic Trail, 
Harpers Ferry Center, Harpers Ferry, West Virginia 25425.
    (c) Is powerless flight permitted? 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.

[67 FR 8481, Feb. 25, 2002]

[[Page 186]]



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 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

[[Page 187]]

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]



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.

[[Page 188]]

                Subpart B_Non-Federal Oil and Gas Rights

                            Purpose And Scope

9.30 What is the purpose and scope of this subpart?
9.31 When does this subpart apply to me?
9.32 What authorization do I need to conduct operations?
9.33 If am already operating under an NPS authorization, what do I need 
          to do?

                               Definitions

9.40 What do the terms used in this subpart mean?

                      Previously Exempt Operations

9.50 Do I need an operations permit for my previously exempt operations?
9.51 How do I apply for my operations permit?
9.52 What will the NPS do with my application?
9.53 May I continue to operate while the NPS reviews my application?

                        Temporary Access Permits

9.60 When do I need a temporary access permit?
9.61 How do I apply for a temporary access permit?
9.62 When will the NPS grant a temporary access permit?
9.63 How long will I have to conduct my reconnaissance surveys?

Accessing Oil and Gas Rights From a Surface Location Outside the System 
                              Unit Boundary

9.70 Do I need an operations permit for accessing oil and gas rights 
          from outside the System unit boundary?
9.71 What information must I submit to the NPS?
9.72 How will the NPS act on my submission?
9.73 If I don't need an operations permit, are there still requirements 
          that I must meet?

                 Operations Permit: Application Contents

9.80 Who must apply for an operations permit?
9.81 May I use previously submitted information?
9.82 What must I include in my application?
9.83 What information must be included in all applications?
9.84 Existing conditions and proposed area of operations.
9.85 Environmental conditions and mitigation actions.
9.86 Spill control and emergency preparedness plan.
9.87 What additional information must be included if I am proposing 
          geophysical exploration?
9.88 What additional information must be included if I am proposing 
          drilling operations?
9.89 What additional information must be included if I am proposing well 
          stimulation operations, including hydraulic fracturing?
9.90 What additional information must be included if I am proposing 
          production operations?

              Operations Permit: Application Review Process

9.100 How will NPS process my application?
9.101 How will the NPS conduct initial review?
9.102 How will the NPS conduct formal review?
9.103 What standards must be met to approve my operations permit?
9.104 What final actions may the Regional Director take on my operations 
          permit?
9.105 What is the approval process for operations in Big Cypress 
          National Preserve?

                           Operating Standards

9.110 What are the purposes and functions of NPS operating standards?
9.111 What general facility design and management standards must I meet?
9.112 What hydrologic standards must I meet?
9.113 What safety standards must I meet?
9.114 What lighting and visual standards must I meet?
9.115 What noise reduction standards must I meet?
9.116 What reclamation and protection standards must I meet?
9.117 What additional operating standards apply to geophysical 
          operations?
9.118 What additional operating standards apply to drilling, 
          stimulation, and production operations?

                      General Terms and Conditions

9.120 What terms and conditions apply to all operators?
9.121 What monitoring and reporting is required for all operators?
9.122 What additional reports must I submit if my operation includes 
          hydraulic fracturing?

                      Access to Oil and Gas Rights

9.130 May I cross Federal property to reach the boundary of my oil and 
          gas right?
9.131 Will the NPS charge me a fee for access?
9.132 Will I be charged a fee for emergency access to my operations?

[[Page 189]]

                           Financial Assurance

9.140 Do I have to provide financial assurance to the NPS?
9.141 How does the NPS establish the amount of financial assurance?
9.142 Will the NPS adjust my financial assurance?
9.143 When will the NPS release my financial assurance?
9.144 Under what circumstances will the NPS retain my financial 
          assurance?

                      Modification to an Operation

9.150 How can an approved permit be modified?

                           Change of Operator

9.160 What are my responsibilities if I transfer my operations?
9.161 What must I do if operations are transferred to me?

                              Well Plugging

9.170 When must I plug my well?
9.171 Can I get an extension to the well plugging requirement?

                       Prohibitions and Penalties

9.180 What acts are prohibited under this subpart?
9.181 What enforcement actions can the NPS take?
9.182 How do violations affect my ability to obtain a permit?

                       Reconsideration and Appeals

9.190 Can I, as operator, request reconsideration of NPS decisions?
9.191 How does the NPS process my request for reconsideration?
9.192 Can I appeal the Regional Director's decision?
9.193 Will filing a request for reconsideration or appeal stop the NPS 
          from taking action under this subpart?
9.194 What if the original decision was made by the Superintendent?

                          Public Participation

9.200 How can the public participate in the approval process?

                         Information Collection

9.210 Has the Office of Management and Budget approved the information 
          collection requirements?

          Subpart C_Alaska Mineral Resource Assessment Program

9.300 Purpose.
9.301 Scope and applicability.
9.302 Definitions.
9.303 Coordination of AMRAP activities in National Park System units.
9.304 Application requirements.
9.305 Environmental compliance.
9.306 Application review process and approval standards.
9.307 Permitting requirements and standards.
9.308 Permit modification, suspension, and cancellation.
9.309 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

[[Page 190]]

such activities; and all activities and uses reasonably incident 
thereto,

including construction or use of roads or 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

[[Page 191]]

mineral extraction prior to February 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 Sec. Sec.  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 192]]

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 193]]

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 194]]

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 195]]

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 196]]

    (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 197]]

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: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 
698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 
9701; 54 U.S.C. 100101, 100751, and 103104.

    Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

[[Page 198]]

                            Purpose and Scope



Sec.  9.30  What is the purpose and scope of this subpart?

    (a) The purpose of this subpart is to ensure that operators 
exercising non-federal oil and gas rights within a System unit outside 
of Alaska use technologically feasible, least damaging methods to:
    (1) Protect federally owned or administered lands, waters, or 
resources of System units;
    (2) Protect NPS visitor uses or experiences, or visitor or employee 
health and safety; and
    (3) Protect park resources and values under the statute commonly 
known as the NPS Organic Act;
    (b) This subpart applies to all operators conducting non-federal oil 
or gas operations on lands or waters within System units outside of 
Alaska, regardless of the ownership or legislative jurisdiction status 
of those lands or waters.
    (c) We do not intend for this subpart to result in a taking of a 
property interest. Application of this subpart is intended to reasonably 
regulate operations within System units that may affect federally owned 
or administered lands, waters, and resources, visitor uses and 
experiences, and visitor and employee health and safety.



Sec.  9.31  When does this subpart apply to me?

    (a) This subpart applies to you if you are an operator who conducts 
or proposes to conduct non-federal oil or gas operations outside of 
Alaska.
    (b) If you were operating outside of a System unit and your 
operation has been included within an existing System unit as a result 
of a change to the boundary, or included within a newly established 
System unit, you are subject to Sec. Sec.  9.50 through 9.53.
    (c) If you were operating under an exemption because your operation 
accessed oil and gas rights inside the System unit boundary from a 
surface location outside the boundary, and your surface location has 
been included within an existing System unit as a result of a change to 
the boundary, or included within a newly established System unit, you 
are subject to Sec. Sec.  9.50 through 9.53.



Sec.  9.32  What authorization do I need to conduct operations?

    (a) Except as provided in Sec. Sec.  9.70 through 9.73, you must 
obtain a temporary access permit under Sec. Sec.  9.60 through 9.63 or 
an operations permit under Sec. Sec.  9.80 through 9.90 before 
conducting operations.
    (b) You must demonstrate that you have the right to operate in order 
to conduct activities within a System unit.



Sec.  9.33  If I am already operating under an NPS authorization, 
what do I need to do?

    (a) If you already have an NPS-approved plan of operations, you may 
continue to operate according to the terms and conditions of that 
approval, subject to the provisions of this subpart. For purposes of 
this subpart, we consider your approved plan of operations to be either 
a temporary access permit or operations permit.
    (b) This section applies to you if we have granted you an exemption 
to the plan of operations requirement because your operation accesses 
oil and gas rights inside a System unit boundary from a surface location 
outside the boundary. You may continue to operate under the exemption 
provided that your operations comply with the general terms and 
conditions of Sec. Sec.  9.120 through 9.122. You are also subject to 
the prohibitions and penalties in Sec. Sec.  9.180 through 9.182.

                               Definitions



Sec.  9.40  What do the terms used in this subpart mean?

    In addition to the definitions in 36 CFR 1.4, the following 
definitions apply to this subpart:
    Area of operations means lands or waters within a System unit on 
which your operations are approved to be carried out, including roads or 
other areas where you are authorized to exercise the oil and gas rights.
    Contaminating substance means any toxic or hazardous substance which 
is used in or results from the conduct of operations and is listed under 
the Clean Water Act at 40 CFR part 116, the

[[Page 199]]

Resource Conservation and Recovery Act at 40 CFR part 261, or the 
Hazardous Materials Transportation Act at 49 CFR part 172. This 
includes, but is not limited to, explosives, radioactive materials, 
brine waters, formation waters, petroleum products, petroleum by-
products, and chemical compounds used for drilling, production, 
processing, well testing, well completion, and well servicing.
    Gas means 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.
    Oil means any viscous combustible liquid hydrocarbon or solid 
hydrocarbon substance easily liquefiable on warming that occurs 
naturally in the earth, including drip gasoline or other natural 
condensates recovered from gas without resort to manufacturing process.
    Operations means all existing and proposed functions, work, and 
activities in connection with the exercise of oil or gas rights not 
owned by the United States and located or occurring within a System unit 
outside of Alaska.
    (1) Operations include, but are not limited to: Access by any means 
to or from an area of operations; construction; geological and 
geophysical exploration; drilling, well servicing, workover, or 
recompletion; production; gathering (including installation and 
maintenance of flowlines and gathering lines); storage, transport, or 
processing of petroleum products; earth moving; excavation; hauling; 
disposal; surveillance, inspection, monitoring, or maintenance of wells, 
facilities, and equipment; reclamation; road and pad building or 
improvement; shot hole and well plugging and abandonment, and 
reclamation; and all other activities incident to any of the foregoing.
    (2) Operations do not include reconnaissance surveys as defined in 
this subpart or oil and gas pipelines that are located within the System 
unit under authority of a deeded or other right-of-way.
    Operations permit means an NPS special use permit authorizing an 
operator to conduct operations in a System unit.
    Operator means any person or entity, agent, assignee, designee, 
lessee, or representative thereof who is conducting operations or 
proposing to exercise non-federal oil and gas rights within the 
boundaries of a System unit outside of Alaska.
    Owner means the person that holds title to non-federal oil or gas 
rights.
    Previously exempt operations means those operations being conducted 
in a System unit without an approved permit from the NPS as of December 
5, 2016, except operations for which the NPS had granted the operator an 
exemption to the plan of operations requirement before such date, 
because the operator accessed oil and gas rights inside the System unit 
from a surface location outside the System unit.
    Reconnaissance survey means an inspection or survey conducted by 
qualified specialists for the purpose of preparing a permit application.
    (1) A reconnaissance survey includes identification of the area of 
operations and collection of natural and cultural resource information 
within and adjacent to the proposed area of operations.
    (2) Except for the minimal surface disturbance necessary to perform 
cultural resource surveys, natural resource surveys, and location 
surveys required under this subpart, surface disturbance activities are 
beyond the scope of a reconnaissance survey.
    Right to operate means a deed, lease, memorandum of lease, 
designation of operator, assignment of right, or other documentation 
demonstrating that you hold a legal right to conduct the operations you 
are proposing within a System unit.
    Technologically feasible, least damaging methods are those that we 
determine to be most protective of park resources and values while 
ensuring human health and safety, taking into consideration all relevant 
factors, including environmental, economic, and technological factors 
and the requirements of applicable law.
    Temporary access permit means an NPS special use permit authorizing 
an operator to access the proposed area of operations to conduct 
reconnaissance

[[Page 200]]

surveys necessary to collect basic information necessary to prepare an 
operations permit application.
    Third-party monitor means a qualified specialist who is not an 
employee, agent, or representative of the operator and who has the 
relevant expertise to monitor operations for compliance with applicable 
laws, regulations, and permit requirements.
    Usable water means an aquifer or its portion that:
    (1)(i) Supplies any public water system; or
    (ii) Contains a sufficient quantity of ground water to supply a 
public water system and either:
    (A) Currently supplies drinking water for human consumption; or
    (B) Contains fewer than 10,000 mg/l total dissolved solids; and
    (2) Is not an exempted aquifer under state law.
    Waste means any material that is discarded. It includes, but is not 
limited to: drilling fluids and cuttings; produced fluids not under 
regulation as a contaminating substance; human waste; garbage; fuel 
drums; pipes; oil; contaminated soil; synthetic materials; man-made 
structures or equipment; or native and nonnative materials.
    We and us mean the National Park Service.
    You and I mean the operator, unless otherwise specified or indicated 
by the context.

                      Previously Exempt Operations



Sec.  9.50  Do I need an operations permit for my previously 
exempt operations?

    Yes. You must obtain an NPS operations permit.



Sec.  9.51  How do I apply for my operations permit?

    Within 90 days after December 5, 2016 or within 90 days after the 
effective date of a boundary change, or establishment of a new System 
unit, as applicable, you must submit the following to the Superintendent 
of the System unit in which you propose to continue to conduct 
operations:
    (a) The names and contact information of the operator, the owner, 
and the individuals responsible for overall management, field 
supervision, and emergency response of the proposed operations;
    (b) Documentation demonstrating that you hold a right, and the 
extent of such right, to operate within the System unit;
    (c) A brief description of the current operations and any 
anticipated changes to the current operations;
    (d) The American Petroleum Institute (API) well number or State 
well-identification permit number;
    (e) Maps to scale that clearly delineate your current area of 
operations as of December 5, 2016 or the effective date of a boundary 
change, or establishment of a new System unit, as applicable, and that 
identify the area of surface disturbance and equipment layout within 
your proposed area of operations;
    (f) The results of any reconnaissance surveys you have conducted to 
be used by the Superintendent to identify resource protection measures 
in your operations permit.
    (g) A spill control and emergency preparedness plan as required by 
Sec.  9.86;
    (h) Documentation of the current operating methods, surface 
equipment, downhole well construction and completion, materials produced 
or used, and monitoring methods;
    (i) A description of how your proposed operation will meet each 
applicable operating standard at Sec. Sec.  9.110 through 9.116 and 
9.118; and
    (j) A description of the procedures to be used and cost estimates 
for well plugging and surface reclamation.



Sec.  9.52  What will the NPS do with my application?

    The NPS will review your application and take action under 
Sec. Sec.  9.100 through 9.104.



Sec.  9.53  May I continue to operate while the NPS reviews my 
application?

    During this interim period, you may continue to conduct operations 
subject to the following conditions:
    (a) Continuation of operations is limited to those methods and the 
area of disturbance that existed on December 5, 2016 or the effective 
date of a boundary change, or establishment of a new System unit, as 
applicable.

[[Page 201]]

    (b) Your operation is subject to the general terms and conditions in 
Sec. Sec.  9.120 through 9.122 and the prohibitions and penalties in 
Sec. Sec.  9.180 through 9.182.
    (c) Except in an emergency, we will not take any steps to directly 
regulate your operation before 90 days after December 5, 2016 or 90 days 
after the effective date of a boundary change, or establishment of a new 
System unit, as applicable.

                        Temporary Access Permits



Sec.  9.60  When do I need a temporary access permit?

    (a) You must apply to the Regional Director for a temporary access 
permit to access your proposed area of operations that is on NPS 
administered lands or waters in order to conduct reconnaissance surveys. 
This permit will describe the means, routes, timing, and other terms and 
conditions of your access as determined by the Regional Director.
    (b) A temporary access permit is subject to cost recovery under 54 
U.S.C. 103104.



Sec.  9.61  How do I apply for a temporary access permit?

    To apply for a temporary access permit, you must submit the 
following information to the Superintendent of the System unit in which 
you propose to conduct operations:
    (a) Documentation demonstrating that you hold a right, and the 
extent of such right, to operate within the System unit;
    (b) A map delineating the proposed reconnaissance survey areas in 
relation to the System unit boundary and the proposed area of operations 
at a minimum scale of 1:24,000, or a scale specified by the 
Superintendent as acceptable;
    (c) A brief description of the intended operation so that we can 
determine the scope of the reconnaissance surveys needed;
    (d) The name and contact information of the operator, employee, 
agent, or contractor responsible for overall management of the proposed 
reconnaissance surveys;
    (e) The name, legal address, telephone number, and qualifications of 
all specialists responsible for conducting the reconnaissance surveys;
    (f) A description of proposed means of access and routes proposed 
for conducting the reconnaissance surveys; and
    (g) A description of the survey methods you intend to use to 
identify the natural and cultural resources.



Sec.  9.62  When will the NPS grant a temporary access permit?

    If the Regional Director determines that your proposed 
reconnaissance surveys will not result in surface disturbance, except 
for minimal disturbance necessary to perform required surveys, the 
Regional Director will issue you a temporary access permit within 30 
days after receipt of a complete application, unless the Regional 
Director notifies you that additional time is necessary to evaluate or 
process your application.



Sec.  9.63  How long will I have to conduct my reconnaissance surveys?

    The duration of your temporary access permit will be stated in the 
permit, based upon the scope of the reconnaissance surveys needed. The 
Regional Director may, upon written request, extend the term of the 
temporary access permit.

Accessing Oil and Gas Rights From a Surface Location Outside the System 
                              Unit Boundary



Sec.  9.70  Do I need an operations permit for accessing oil and gas rights 
from outside the System unit boundary?

    Your downhole operations inside a System unit are subject to these 
regulations. If you wish to access your oil and gas rights located 
inside a System unit from a surface location outside the unit, you must 
submit the information required by Sec.  9.71. We will evaluate this 
information and may request that you apply for an operations permit. We 
will require an operations permit for such operations only if we 
determine that downhole permit requirements are needed to protect 
against a significant threat of damage to:
    (a) Federally owned or administered lands, waters, or resources 
within System units;

[[Page 202]]

    (b) NPS visitor uses or experiences; or
    (c) Visitor or employee health or safety.



Sec.  9.71  What information must I submit to the NPS?

    You must provide the information required by this section to the 
Superintendent of the System unit. You must provide all of the 
following.
    (a) The names and contact information of:
    (1) The operator;
    (2) The owner; and
    (3) The individuals responsible for overall management, field 
supervision, and emergency response of the proposed operations.
    (b) Documentation demonstrating that you hold a right, and the 
extent of such right, to operate within the System unit.
    (c) Maps and plats to scale showing the boundaries of each of the 
oil or gas rights that are relevant to your proposed operations within 
the System unit boundary.
    (d) Maps and plats to scale showing all proposed surface uses (well 
site, access route, flowlines, production facilities) that occur outside 
the System unit.
    (e) Information regarding downhole operations and conditions, 
including:
    (1) Description, including depths, thicknesses, and properties of 
geologic horizons between the target zone and the base of the deepest 
aquifer;
    (2) Drilling plan, including directional-drilling program, 
horizontal distance along the wellbore's path from well's surface 
location to the System unit boundary, depth at which wellbore crosses 
the boundary, and timeline for operations;
    (3) Casing, cementing, and mud programs;
    (4) Stimulation programs; and
    (5) Well plugging and abandonment program.
    (f) If you propose hydraulic fracturing, then you must also provide 
the information required by Sec.  9.89.



Sec.  9.72  How will the NPS act on my submission?

    (a) Within 30 days after receiving your submission under Sec.  9.71, 
the Superintendent will notify you in writing that your information is 
complete, you need to submit more information, or we need more time to 
review your submission.
    (b) After NPS receives your complete submission, and completes 
compliance with applicable federal laws, including the National 
Environmental Policy Act, the Superintendent will notify you in writing 
within 30 days that either:
    (1) No further action is required by the NPS and you are exempt from 
the operations permit requirement; or
    (2) You must obtain an operations permit.
    (c) If you need an operations permit, the information provided under 
Sec.  9.71 is your permit application and the NPS will review your 
application under Sec. Sec.  9.100 through 9.104.



Sec.  9.73  If I don't need an operations permit, are there still 
requirements that I must meet?

    If the NPS notifies you under Sec.  9.72 that you do not need an 
operations permit, your operations are still subject to the general 
terms and conditions in Sec. Sec.  9.120 through 9.122, the prohibitions 
and penalties in Sec. Sec.  9.180 through 9.182, and the requirements in 
this section.
    (a) You must notify the NPS within 30 days if the methods or the 
environmental conditions of your downhole operations materially change.
    (b) The Regional Director may notify you in writing that you are no 
longer exempt from the operations permit requirement after determining 
that downhole operational requirements are needed to protect against a 
significant threat of damage to any of the following:
    (1) Federally owned or administered lands, waters, or resources of 
System units;
    (2) NPS visitor uses or experiences; or
    (3) Visitor or employee health or safety.
    (c) Within 30 days after receiving this notification, you must file 
your operations permit application with the Superintendent.

[[Page 203]]

                 Operations Permit: Application Contents



Sec.  9.80  Who must apply for an operations permit?

    (a) Except as otherwise provided in Sec. Sec.  9.70 through 9.73, an 
operator proposing to conduct operations within the boundary of a System 
unit must submit an application for an operations permit to the 
Superintendent.
    (b) An operations permit is subject to cost recovery under 54 U.S.C. 
103104.



Sec.  9.81  May I use previously submitted information?

    (a) In satisfying the requirements of Sec. Sec.  9.82 through 9.90, 
you do not need to resubmit information that is already on file with the 
NPS. Instead, you may reference the previously submitted information in 
your permit application.
    (b) You may submit documents and materials containing the 
information required by Sec. Sec.  9.82 through 9.90 that you submit to 
other Federal and State agencies. If you do this, you must clearly 
identify the information required by Sec. Sec.  9.82 through 9.90.



Sec.  9.82  What must I include in my application?

    (a) Your application for an operations permit must include all of 
the information required by Sec.  9.83 and, to the extent applicable, 
the information required by Sec. Sec.  9.87 through 9.90, as well as any 
additional information that the Superintendent may require by written 
request.
    (b) You may provide information for only the phase of operations you 
propose. Each permit application is only required to describe those 
activities for which you request approval. Approval of an operations 
permit covering one phase of operations does not assure future approval 
of, or the terms of future approval for, an operations permit covering a 
subsequent phase.



Sec.  9.83  What information must be included in all applications?

    All applications must include the information required by this 
section.

------------------------------------------------------------------------
 All operations permit applications     and must include the following
 must include information on . . .        detailed information . . .
------------------------------------------------------------------------
(a) Ownership......................  documentation demonstrating that
                                      you hold a right, and the extent
                                      of such right, to operate within
                                      the System unit.
(b) The owner/operator.............  names, addresses, and other contact
                                      information for:
                                     (1) The operator;
                                     (2) The owner;
                                     (3) Any agents, assignees,
                                      designees, contractors, or other
                                      representatives of the operator
                                      including those responsible for
                                      overall management, field
                                      supervision, and emergency
                                      response of the proposed
                                      operations.
(c) Existing conditions and          all the information required by
 proposed area of operations.         Sec.   9.84.
(d) Reclamation plan...............  (1) A description of the equipment
                                      and methods used to meet the
                                      operating standards for
                                      reclamation at Sec.   9.116; and
                                     (2) A breakdown of the estimated
                                      costs that a third party would
                                      charge to complete reclamation as
                                      proposed in your reclamation plan.
(e) Use of water...................  (1) The source (including
                                      documentation verifying a water
                                      right), quantity, access route,
                                      and transportation/conveyance
                                      method for all water to be used in
                                      access road and pad construction,
                                      well drilling, stimulation, and
                                      production; and
                                     (2) Estimations of any anticipated
                                      waste water volumes generated and
                                      how they will be managed (i.e.
                                      handled, temporary stored,
                                      disposed, recycled, reused)
                                      throughout stages of the
                                      operation.
(f) Environmental conditions and     all the information required by
 mitigation actions.                  Sec.   9.85.
(g) The spill control and emergency  all the information required by
 preparedness plan.                   Sec.   9.86.
------------------------------------------------------------------------



Sec.  9.84  Existing conditions and proposed area of operations.

    (a) You must submit to-scale maps that clearly depict:
    (1) The boundaries of your oil or gas rights in relation to your 
proposed operations and the relevant System unit boundary;
    (2) The natural features, including, but not limited, to streams, 
lakes, ponds, wetlands, seepage areas, springs,

[[Page 204]]

shallow water aquifers, topographic relief, and areas we have indicated 
to you as environmentally sensitive;
    (3) The locations of existing roads, trails, railroad tracks, pads, 
and other disturbed areas; and
    (4) The locations of existing structures that your operations could 
affect, including but not limited to: Buildings, pipelines, existing or 
permitted oil or gas wells, freshwater wells, underground and overhead 
electrical lines, and other utility lines.
    (b) You must submit the following information about geologic 
conditions in their natural state and under the proposed operating 
conditions:
    (1) Estimated depths and names of known zones of usable water, 
brine, hydrocarbon, geothermal, or other mineral-bearing zones based on 
the best available information;
    (2) Potential hazards to persons and the environment such as known 
abnormal pressure zones, lost circulation zones, hydrogen sulfide gas, 
or karst formations; and
    (3) Nature, extent, and depth (if known) of near-surface bedrock 
fracturing or jointing relative to proposed cemented surface casing-seat 
depth and any open annular interval proposed in the well design.
    (c) You must submit the following information for any new surface 
disturbances or construction:
    (1) Maps depicting the proposed area of operations, boundaries of 
new surface disturbances and proposed access routes;
    (2) Maps depicting the proposed location of all support facilities, 
including those for transportation (e.g., vehicle parking areas, 
airstrips, helicopter pads), sanitation, occupation, staging areas, fuel 
dumps, refueling areas, loading docks, water supplies, and disposal 
facilities;
    (3) The methods and diagrams, including cross-sections, of any 
proposed pad construction, road construction, cut-and-fill areas, and 
surface maintenance, including erosion control;
    (4) The number and types of equipment and vehicles, including an 
estimate of vehicular trips, associated with each phase of your 
operation;
    (5) An estimated time to complete each phase of the proposed 
operations, including any operational timing constraints;
    (6) The type and extent of security measures proposed within your 
area of operations;
    (7) The power sources and their transmission systems for the 
proposed operations; and
    (8) The types and quantities of all solid and liquid waste 
generation and the proposed methods of storage, handling, and off-site 
disposal.



Sec.  9.85  Environmental conditions and mitigation actions.

    You must submit the following information about environmental 
conditions and mitigation actions:
    (a) Description of the natural and cultural resource conditions from 
your reconnaissance surveys or other sources collected for your proposed 
area of operations. The Superintendent may require, on a case by case 
basis, baseline field testing of soils and field or laboratory testing 
of surface, or near-surface, waters within your area of operations, as 
well as any groundwater resources that may reasonably may be impacted by 
your surface operations;
    (b) Description of the steps you propose to take to mitigate any 
adverse environmental impacts on park resources and values, including 
but not limited to, the System unit's land features, land uses, fish and 
wildlife, vegetation, soils, surface and subsurface water resources, air 
quality, noise, lightscapes, viewsheds, cultural resources, and economic 
environment; and
    (c) Discussion of:
    (1) Any anticipated impacts that you cannot mitigate; and
    (2) All alternative technologically feasible, least damaging methods 
of operations, their costs, and their environmental effects.



Sec.  9.86  Spill control and emergency preparedness plan.

    You must submit the following information about your spill control 
and emergency preparedness plan. You may use a spill prevention control 
and countermeasure (SPCC) plan prepared under 40 CFR part 112 if the 
plan includes all

[[Page 205]]

of the information required by this section. You must submit:
    (a) A list of names, addresses, and telephone numbers of persons 
that the Superintendent can contact in the event of a spill, fire, or 
accident, including the order in which the persons should be contacted;
    (b) Your reporting procedures in the event of a spill, fire, or 
accident;
    (c) Identification of contaminating or toxic substances expected to 
be used within your area of operations;
    (d) Identification of abnormal pressure, temperature, toxic gases or 
substances, or other hazardous conditions expected to be encountered 
during operations;
    (e) Measures (e.g., procedures, facility design, equipment) to 
minimize risks to human health and safety and the environment;
    (f) Steps to prevent conditions creating fire hazards in the 
vicinity of well locations and lease tanks;
    (g) List of equipment and methods for containment and cleanup of 
contaminating substances, including a list of the equipment to be 
maintained on site as well as a list of equipment to be available from 
local contractors;
    (h) A storm water drainage plan and actions intended to mitigate 
storm water runoff;
    (i) Safety data sheets for each material expected to be used or 
encountered during operations, including quantities expected to be 
maintained at your area of operations;
    (j) A description of the emergency actions you will take in the 
event of accidents causing human injury; and
    (k) Contingency plans for relevant conditions and emergencies other 
than spills, based on the particular geographic area, such as 
hurricanes, flooding, tornadoes, or earthquakes.



Sec.  9.87  What additional information must be included if I am 
proposing geophysical exploration?

    If you propose to conduct geophysical exploration, you must submit 
the following additional information:
    (a) The number of crews and expected numbers of workers in each 
crew;
    (b) Names and depths of geologic zones targeted for imaging;
    (c) A description of the acquisition methods, including the 
procedures, specific equipment you will use, and energy sources (e.g., 
explosives or vibroseis trucks);
    (d) The methods of access along each survey line for personnel, 
materials, and equipment;
    (e) A list of all explosives, blasting equipment, chemicals, and 
fuels you will use in the proposed operations, including a description 
of proposed disposal methods, transportation methods, safety measures, 
and storage facilities; and
    (f) A map showing the positions of each survey line including all 
source and receiver locations as determined by a locational survey, and 
including shotpoint offset distances from wells, buildings, other 
infrastructure, and areas the NPS has indicated to you as 
environmentally sensitive areas.



Sec.  9.88  What additional information must be included if I am 
proposing drilling operations?

    If you are proposing to drill a well, you must submit the following 
additional information:
    (a) Well-pad construction plans, including dimensions and cross 
sections of: cut and fill areas and excavations for ditches, sumps, and 
spill control equipment or structures, including lined areas;
    (b) Drill-rig and equipment layout plans, including rig components, 
fuel tanks, testing equipment, support facilities, storage areas, and 
all other well-site equipment and facilities;
    (c) The drilling program, including hole size for each section and 
the directional program, if applicable;
    (d) Proposed drilling depth and the estimated depths and names of 
usable water, brine, hydrocarbon, geothermal, or other mineral-bearing 
zones;
    (e) The type and characteristics of the proposed mud systems;
    (f) The casing program, including the size, grade, weight, and 
setting depth of each string;
    (g) The cementing program, including downhole location of any stage 
equipment, cement types, volumes, and additives to be used, and a 
description of pressure tests and cement verification techniques used 
that will

[[Page 206]]

be run to evaluate cement placement and integrity;
    (h) The minimum specifications for pressure control equipment 
function, and pressure testing frequency, and the blowout preventer 
stack arrangement;
    (i) The proposed logging, coring, and testing programs;
    (j) The completion program, including completion type (open-hole, 
perforated, slotted liner, etc.), any proposed stimulation techniques, 
and procedures, including considerations for well control; and
    (k) A description of the equipment, materials, and procedures for 
well plugging, including plug depths, plug types, and minimum mud 
weight.



Sec.  9.89  What additional information must be included if I am proposing 
well stimulation operations, including hydraulic fracturing?

    If you are proposing well stimulation operations, including 
hydraulic fracturing, you must submit the following additional 
information:
    (a) The geologic names, a geologic description, and the estimated 
depths (measured and true vertical) to the top and bottom of the target 
formation(s). The estimated minimum vertical distance between the top of 
the completion zone and the nearest usable water zone, and the measured 
depth of the proposed perforated or open-hole interval.
    (b) The estimated depths (measured and true vertical) to the top and 
bottom of the confining zone(s). Include a map showing the location, 
orientation, and extent of any known or suspected faults or fractures 
within one-half mile (horizontal distance) of the wellbore trajectory 
that may transect the confining zone(s).
    (c) A map showing all existing wellbore trajectories, regardless of 
type, within one-half mile (horizontal distance) of any portion of the 
wellbore into which hydraulic fracturing fluids are to be injected. The 
true vertical depth of each wellbore identified on the map must be 
indicated.
    (d) Steps to be taken before well completions to verify mechanical 
integrity of all downhole tubulars and tools and cement quality, 
including pressure tests, monitoring of cement returns to surface, and 
cement evaluation logs (or other logs acceptable to the Superintendent) 
demonstrating that the occurrences of usable water zones have been 
isolated to protect them from contamination.
    (e) A detailed description of the proposed well-stimulation design, 
including:
    (1) The total proposed volume of stimulation fluid to be used; total 
proposed base fluid volume, description of proposed base fluid, and each 
additive in the proposed stimulation fluid, including the trade name, 
supplier, purpose, ingredients; Chemical Abstract Service Number (CAS); 
maximum ingredient concentration in additive (percent by mass); and 
maximum ingredient concentration in hydraulic fracturing fluid (percent 
by mass);
    (2) Proposed proppant system if applicable;
    (3) The anticipated surface treating pressure range;
    (4) The maximum anticipated surface pressure that will be applied 
during the hydraulic fracturing process;
    (5) The trajectory of the wellbore into which hydraulic fracturing 
fluids are to be injected and the estimated direction and length of the 
fractures that will be propagated and a notation indicating the true 
vertical depth of the top and bottom of the fractures; and
    (6) Any microseismic monitoring planned or proposed in conjunction 
with well stimulation.
    (f) The source and location of water supply, such as reused or 
recycled water, rivers, creeks, springs, lakes, ponds, and water supply 
wells, and the source and location of water supply, such as reused or 
recycled water, rivers, creeks, springs, lakes, ponds, and water supply 
wells.
    (g) The storage, mixing, pumping, and control equipment needed to 
perform the stimulation.
    (h) The following information concerning the handling of recovered 
fluids:
    (1) The estimated volume of stimulation fluids to be recovered 
during flow back;
    (2) The proposed methods of handling the recovered fluids including 
any onsite treatment for re-use of fluids in other stimulation 
activities; and

[[Page 207]]

    (3) The proposed disposal method of the recovered fluids, including, 
but not limited to, injection, hauling by truck, or transporting by 
pipeline.



Sec.  9.90  What additional information must be included if I am proposing 
production operations?

    If you are proposing production operations, you must submit the 
following information:
    (a) The dimensions with a to-scale layout of the wellpad, clearly 
identifying well locations, noting partial reclamation areas; gathering, 
separation, metering, and storage equipment; electrical lines; fences; 
spill control equipment or structures including lined areas, artificial 
lift equipment, tank batteries, treating and separating vessels, 
secondary or enhanced recovery facilities, water disposal facilities, 
gas compression and/or injection facilities; metering points; sales 
point (if on lease); tanker pick-up points; gas compressor, including 
size and type (if applicable); and any other well site equipment;
    (b) The size, grade, weight, and setting depth of all casing and 
tubing strings; cementing history; type and size of packers and 
subsurface flow control devices; top and bottom depths of each completed 
interval; and method of completion;
    (c) The well history, including completions, stimulations, 
servicing, and workovers;
    (d) The minimum specifications for pressure-control equipment, 
function, and pressure-testing frequency;
    (e) The methods and means to be used to transport produced oil and 
gas, including vehicular transport; flowline and gathering line 
construction; operation; pipe size; operating pressure; cathodic 
protection methods; surface equipment use; surface equipment location; 
maintenance procedures; maintenance schedules; pressure detection 
methods; and shutdown procedures;
    (f) Road and wellpad maintenance plan, including equipment and 
materials to maintain the road surface and control erosion;
    (g) Vegetation management plan on well sites, roads, pipeline 
corridors, and other disturbed surface areas, including control of 
exotic species;
    (h) Storm water management plan on the well site;
    (i) Produced water storage and disposal plan; and
    (j) The procedures for well plugging, the depths and the types of 
plugs, and minimum mud weight.

              Operations Permit: Application Review Process



Sec.  9.100  How will NPS process my application?

    If you propose operations in System units, other than Big Cypress 
National Preserve, we will process your application in accordance with 
Sec. Sec.  9.101 through 9.104. If you propose operations in Big Cypress 
National Preserve, we will process your application in accordance with 
Sec. Sec.  9.103 and 9.105.



Sec.  9.101  How will the NPS conduct initial review?

    (a) Within 30 days after receipt of your application, the 
Superintendent will notify you in writing that either:
    (1) Your application is complete and the NPS will begin formal 
review;
    (2) Your permit application does not meet the information 
requirements and additional information is required before the NPS will 
conduct formal review of your permit application; or
    (3) More time is necessary to complete the review, in which case the 
NPS will provide you an estimate of the amount of additional time 
reasonably needed and an explanation for the delay.
    (b) If you resubmit information requested by the NPS under this 
section and the Superintendent determines that you have met all 
applicable information requirements, the Superintendent will notify you 
within 30 days after receipt of the additional information that either:
    (1) Your application is complete and the NPS will begin formal 
review; or
    (2) More time is necessary to complete the review, in which case the 
NPS will provide you an estimate of the amount of additional time 
reasonably needed and an explanation for the delay.

[[Page 208]]



Sec.  9.102  How will the NPS conduct formal review?

    (a) The Superintendent will evaluate the potential impacts of your 
proposal on federally owned or administered lands, waters, or resources 
within System units, visitor uses and experiences, and visitor and 
employee health and safety. As part of this evaluation process, the NPS 
will comply with all applicable federal laws, including the National 
Environmental Policy Act. The Superintendent will then make a 
recommendation to the Regional Director regarding final action on your 
operations permit.
    (b) As part of the evaluation process, the Superintendent may 
consult with other Federal, State, and local agencies.



Sec.  9.103  What standards must be met to approve my operations permit?

    (a) The Regional Director will approve your operations permit if the 
NPS has determined that your operations:
    (1) Will not violate the laws governing administration of units of 
the National Park System; and
    (2) Will meet all applicable operating standards.
    (b) Before approval of your operations permit, you must submit to 
the Superintendent:
    (1) Financial assurance in the amount specified by the Regional 
Director and in accordance with the requirements of Sec. Sec.  9.140 
through 9.144;
    (2) Proof of liability insurance with limits sufficient to cover 
injuries to persons or property caused by your operations; and
    (3) An affidavit stating that the operations planned are in 
compliance with all applicable Federal, State, and local laws and 
regulations.



Sec.  9.104  What final actions may the Regional Director take on
my operations permit?

    (a) The Regional Director will take final action within 30 days of 
completing all required legal compliance, including compliance with the 
National Environmental Policy Act, unless:
    (1) We and you agree that such final action will occur within a 
shorter or longer period of time; or
    (2) We determine that an additional period of time is required to 
ensure that we have, in reviewing the permit application, complied with 
all applicable legal requirements.
    (b) The Regional Director will notify you in writing that your 
operations permit is:
    (1) Approved with the operating conditions contained therein; or
    (2) Denied, and provide you justification for the denial. Any such 
denial must be consistent with Sec.  9.30(c).



Sec.  9.105  What is the approval process for operations in Big 
Cypress National Preserve?

    (a) Within 30 days after the date of submission of your application, 
we will notify you whether the application contains all information 
reasonably necessary to allow us to consider the application and, if 
not, will request that you provide additional information. After 
receiving this notification, you must either supply any reasonably 
necessary additional information or must notify us that you believe that 
the application contains all reasonably necessary information and is 
therefore complete; whereupon we may:
    (1) Within 30 days after receipt of the notice from the applicant, 
determine that the application does not contain all reasonably necessary 
additional information and, on that basis, deny the application; or
    (2) Review the application and take final action within 60 days 
after the date that you provided notification to the NPS that your 
application is complete.
    (b) The Regional Director will take final action within 90 days 
after the date you submitted your application unless:
    (1) We and you agree that final action can occur within a shorter or 
longer period of time; or
    (2) We determine that an additional period of time is required to 
ensure that we have, in reviewing the permit application, complied with 
other applicable laws, executive orders, and regulations.

[[Page 209]]

                           Operating Standards



Sec.  9.110  What are the purposes and functions of NPS operating 
standards?

    (a) You must comply with all operating standards in Sec. Sec.  9.111 
through 9.116, as well as with the standards in Sec. Sec.  9.117 and 
9.118, if applicable. The standards apply only to operations that occur 
within a System unit, including downhole activities, and do not apply to 
surface activities located outside a System unit. These operating 
standards are incorporated into the terms and conditions of your 
operations permit. Violation of these operating standards will subject 
you to the prohibitions and penalties provisions of Sec. Sec.  9.180 
through 9.182.
    (b) NPS operating standards are applied to ensure protection of 
federally owned or administered lands, waters, and resources of System 
units, visitor uses and experiences, and visitor and employee health and 
safety. The operating standards give us and the operator flexibility to 
consider using alternative methods, equipment, materials design, and 
conduct of operations.
    (c) In applying standards to a particular operation, you must use 
technologically feasible, least damaging methods to protect federally 
owned or administered lands, waters, and resources of System units, 
visitor uses and experiences, and visitor and employee health and 
safety.



Sec.  9.111  What general facility design and management standards
must I meet?

    (a) You must not conduct operations within 500 feet of surface 
water, including an intermittent or ephemeral watercourse, or wetland; 
within 500 feet of the mean high tide line; or within 500 feet of any 
structure or facility used by the NPS for interpretation, public 
recreation, or administration. The Superintendent may increase or 
decrease this distance consistent with the need to protect federally 
owned or administered lands, water, or resources of System units, 
visitor uses or experiences, or visitor or employee health and safety 
while ensuring that you have reasonable access to your non-Federal oil 
and gas rights. Measurements for purposes are by horizontal distance.
    (b) You must design, construct, operate, and maintain access to your 
operational site to cause the minimum amount of surface disturbance 
needed to safely conduct operations and to avoid areas the NPS has 
indicated to you as sensitive resources.
    (c) You must install and maintain secondary containment materials 
and structures for all equipment and facilities using or storing 
contaminating substances. The containment system must be sufficiently 
impervious to prevent discharge and must have sufficient storage 
capacity to contain, at a minimum, the largest potential spill incident.
    (d) You must keep temporarily stored waste in the smallest feasible 
area, and confine in a manner appropriate to prevent escape as a result 
of percolation, rain, high water, or other causes. You must regularly 
remove waste from the System unit and dispose of it in a lawful manner. 
Nothing in this subpart affects the application of the regulations found 
at 36 CFR part 6.
    (e) You must use engines that adhere to applicable Federal and State 
emission standards.
    (f) You must construct, maintain, and use roads to minimize fugitive 
dust.
    (g) You must use equipment and practices that minimize releases of 
air pollutants and hydrocarbons, and flaring of gas.
    (h) You must conduct operation in a manner that does not create an 
unsafe environment for fish and wildlife by avoiding or minimizing 
exposure to physical and chemical hazards.
    (i) You must conduct operations in a manner that avoids or minimizes 
impacts to sensitive wildlife, including timing and location of 
operations.
    (j) You must control the invasion of exotic plant and animal species 
in your area of operations from the beginning through final reclamation.



Sec.  9.112  What hydrologic standards must I meet?

    (a) You must maintain hydrologic connectivity between surface water 
and groundwater during all operations.

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    (b) You must not cause measurable degradation of surface water or 
groundwater.
    (c) You must conduct operations in a manner that maintains natural 
channel and floodplain processes and functions.



Sec.  9.113  What safety standards must I meet?

    (a) You must maintain your area of operations in a manner that 
avoids or minimizes the cause or spread of fires and does not intensify 
fires originating outside your operations area.
    (b) You must maintain site security, structures, facilities, 
improvements, and equipment in a safe and professional manner in order 
to provide a safe environment for park resources, park visitors, and NPS 
employees, free from exposure to physical and chemical hazards.



Sec.  9.114  What lighting and visual standards must I meet?

    (a) You must design, shield, and focus lighting to minimize the 
effects of spill light on the night sky or adjacent areas.
    (b) You must reduce visual contrast in the landscape by selecting 
the area of operations, avoiding unnecessary disturbance, choosing 
appropriate colors for permanent facilities, and other means.
    (c) You must use road and pad materials similar in composition to 
soils in surrounding profiles whenever feasible.



Sec.  9.115  What noise reduction standards must I meet?

    You must prevent or minimize all noise that:
    (a) Adversely affects the natural soundscape or other park resources 
or values, taking into account frequency, magnitude, or duration; or
    (b) Exceeds levels that have been identified through monitoring as 
being acceptable to or appropriate for visitor uses at the sites being 
monitored.



Sec.  9.116  What reclamation and protection standards must I meet?

    (a) You must promptly clean up and remove any released contaminating 
substances and provide documentation to the Superintendent that the 
substances were disposed of in accordance with all applicable Federal, 
State, and local laws.
    (b) You must perform partial reclamation of areas no longer 
necessary to conduct operations. You must begin final reclamation as 
soon as possible but no later than 6 months after you complete your 
permitted operations unless the Regional Director authorizes a longer 
period in writing.
    (c) You must protect all survey monuments, witness corners, 
reference monuments, and bearing trees against destruction, 
obliteration, or damage from operations. You are responsible for 
reestablishing, restoring, and referencing any monuments, corners, and 
bearing trees that are destroyed, obliterated, or damaged by your 
operations.
    (d) You must complete reclamation by:
    (1) Plugging all wells;
    (2) Removing all above-ground structures, equipment, and roads and 
all other man-made material and debris resulting from operations;
    (3) Removing or neutralizing any contaminating substances;
    (4) Reestablishing native vegetative communities, or providing for 
conditions where ecological processes typical of the ecological zone 
(e.g., plant or wildlife succession) will reestablish themselves;
    (5) Grading to reasonably conform the contours to preexisting 
elevations that are most appropriate to maximizing ecologic functional 
value;
    (6) Restoring conditions to pre-disturbance hydrologic movement and 
functionality;
    (7) Restoring natural systems using native soil material that is 
similar in character to the adjacent undisturbed soil profiles;
    (8) Ensuring that reclaimed areas do not interfere with visitor use 
or with administration of the unit;
    (9) Meeting conditions compatible with the management objectives of 
the park; and
    (10) Ensuring proper and equitable apportionment of reclamation 
responsibilities by coordinating with us or with other operators who may 
be using a portion of your area of operations.

[[Page 211]]



Sec.  9.117  What additional operating standards apply to geophysical 
operations?

    If you conduct geophysical operations, you must do all of the 
following:
    (a) Use surveying methods that minimize the need for vegetative 
trimming and removal;
    (b) Locate source points using industry-accepted minimum safe-offset 
distances from pipelines, telephone lines, railroad tracks, roads, power 
lines, water wells, oil and gas wells, oil and gas-production 
facilities, and buildings;
    (c) Use equipment and methods that, based upon the specific 
environment, will minimize impacts to federally owned or administered 
lands, waters, and resources of System units, visitor uses and 
experiences, and visitor and employee health and safety; and
    (d) If you use shot holes, you must:
    (1) Use biodegradable charges;
    (2) Plug all shot holes to prevent a pathway for migration for 
fluids along any portion of the bore; and
    (3) Leave the site in a clean and safe condition that will not 
impede surface reclamation or pose a hazard to human health and safety.



Sec.  9.118  What additional operating standards apply to drilling, 
stimulation, and production operations?

    If you conduct drilling, stimulation, and production operations, you 
must meet all of the standards in this section.
    (a) Drilling. (1) You must use containerized mud circulation systems 
for operations.
    (2) You must not create earthen pits for any use. Earthen pits used 
solely for secondary containment on sites existing before December 5, 
2016 may continue in use; however, the Superintendent may require such 
structures to be lined or removed depending on site-specific operational 
and environmental conditions.
    (3) You must take all necessary precautions to keep your wells under 
control at all times, use only contractors or employees trained and 
competent to drill and operate the wells, and use only oil field 
equipment and practices generally used in the industry.
    (4) You must design, implement, and maintain integrated casing, 
cementing, drilling fluid, completion, stimulation, and blowout 
prevention programs. These programs must be based upon sound engineering 
principles to prevent escape of fluids to the surface and to isolate and 
protect usable water zones throughout the life of the well, taking into 
account all relevant geologic and engineering factors.
    (b) Stimulation operations including hydraulic fracturing. (1) You 
must not begin injection activities before you demonstrate the 
mechanical integrity of all surface and downhole tubulars and equipment 
to differential pressures equal to at least those calculated at the 
maximum anticipated treating pressure.
    (2) You must continuously monitor and record the treating pressures 
and all annular pressures before, during, and after the treatment to 
ensure that treatment materials are directed to the intended zone.
    (3) If mechanical integrity is lost during the treatment, you must 
immediately cease the operation and notify the Superintendent as soon as 
feasible, but no later than 24 hours after the incident. Within 15 days 
after the occurrence, you must submit to the Superintendent a report 
containing all details pertaining to the incident, including corrective 
actions taken.
    (c) Production. (1) You must monitor producing conditions in order 
to maintain the mechanical integrity of both surface and subsurface 
equipment.
    (2) You must maintain your well to prevent escape of fluids to the 
surface and to isolate and protect usable water zones throughout the 
life of the well, taking into account all relevant geologic and 
engineering factors.
    (3) You must identify wells and related facilities by a sign, which 
must remain in place until the well is plugged and abandoned and the 
related facilities are closed. The sign must be of durable construction, 
and the lettering must be legible and large enough to be read under 
normal conditions at a distance of at least 50 feet. Each sign must show 
the name of the well, name of the operator, and the emergency contact 
phone number.

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    (4) You must remove all equipment and materials that are no longer 
needed for a particular phase of your operation.
    (5) You must plug all wells to:
    (i) Prevent a pathway of migration for fluids along any portion of 
the bore; and
    (ii) Leave the surface in a clean and safe condition that will not 
impede surface reclamation or pose a hazard to human health and safety.

                      General Terms and Conditions



Sec.  9.120  What terms and conditions apply to all operators?

    The following terms and conditions apply to all operators:
    (a) The operator/permittee is responsible for ensuring that all of 
its employees and contractors and subcontractors comply fully with all 
of the requirements of this subpart;
    (b) The operator/permittee may not use any surface water or 
groundwater owned or administered by the United States that has been 
diverted or withdrawn from a source located within the boundaries of a 
System unit unless the use has been approved in accordance with NPS 
policy;
    (c) The operator/permittee must provide the NPS an affidavit, signed 
by an official who is authorized to legally bind the company, stating 
that proposed operations are in compliance with all applicable federal, 
state, and local laws and regulations and that all information submitted 
to the NPS is true and correct;
    (d) The operator/permittee must agree to indemnify and hold harmless 
the United States and its officers and employees from and against any 
and all liability of any kind whatsoever arising out of or resulting 
from the acts or omissions of the operator and its employees, agents, 
representatives, contractors, and subcontractors in the conduct of 
activities under the operations permit; and
    (e) The operator/permittee must agree to take all reasonable 
precautions to avoid, minimize, rectify, or reduce the overall impacts 
of your proposed oil and gas activities to System units. You may be 
required to mitigate for impacts to NPS resources and lost uses. 
Mutually agreed-upon mitigation tools for this purpose may include 
providing or restoring alternative habitat and resources to offset those 
impacts by the operations.



Sec.  9.121  What monitoring and reporting is required for all operators?

    (a) The NPS may access your area of operations at any time to 
monitor the potential effects of the operations and to ensure compliance 
with this subpart where applicable.
    (b) The Regional Director may determine that third-party monitors 
are required when necessary to protect federally owned or administered 
lands, waters, or resources of System units, visitor uses or 
experiences, or visitor or employee health and safety.
    (1) The Regional Director's determination will be based on the scope 
and complexity of the proposed operation and whether the park has the 
staff and technical ability to ensure compliance with the operations 
permit and any provision of this subpart.
    (2) A third-party monitor will report directly to the NPS at 
intervals determined by the Superintendent, and you will be responsible 
for the cost of the third party monitor. We will make the information 
reported available to you upon your request.
    (3) Third party monitors must disclose to the NPS any potential 
conflicts of interest that could preclude objectivity in monitoring an 
operator's compliance with the operations permit and any provision of 
this subpart.
    (c) You must notify the Superintendent of any accidents involving 
serious personal injury or death and of any fires or spills on the site 
as soon as feasible, but no later than 24 hours after the accident 
occurs. You must submit a full written report on the accident to the 
Superintendent within 90 days after the accident occurs.
    (d) You must notify the Superintendent as soon as feasible, but no 
later than 24 hours after the discovery of any cultural or scientific 
resource you encounter that might be altered or destroyed by your 
operation. You must cease operations if necessary and leave the 
discovered resource intact until the

[[Page 213]]

Superintendent provides you with instructions. The Superintendent will 
determine, within 10 working days after notification what action will be 
taken with respect to the discovery.
    (e) Upon the Superintendent's request, you must submit reports or 
other information necessary to verify compliance with your permit or 
with any provision of this subpart. To fulfill this request, you may 
submit to the NPS reports that you have submitted to the State under 
State regulations, or that you have submitted to any other Federal 
agency.



Sec.  9.122  What additional reports must I submit if my operation
includes hydraulic fracturing?

    If your operations include hydraulic fracturing, you must provide 
the Superintendent with a report including all of the following details 
of the stimulation within 30 days after the completion of the last stage 
of hydraulic fracturing operations for each well:
    (a) The true vertical depth of the well; total water volume used; a 
description of the base fluid and each additive in the hydraulic 
fracturing fluid, including the trade name, supplier, purpose, 
ingredients; Chemical Abstract Service Number (CAS); maximum ingredient 
concentration in additive (percent by mass); and maximum ingredient 
concentration in hydraulic fracturing fluid (percent by mass). This 
information may be submitted to the Superintendent through FracFocus or 
another existing database available to the public;
    (b) The actual source(s) and location(s) of the water used in the 
hydraulic fracturing fluid;
    (c) The maximum surface pressure and rate at the end of each stage 
of the hydraulic fracturing operation and the actual flush volume;
    (d) The actual, estimated, or calculated fracture length, height and 
direction;
    (e) The actual measured depth of perforations or the open-hole 
interval;
    (f) The actual volume of stimulation fluids recovered during flow 
back, including a description of how the volumes were measured or 
calculated;
    (g) The following information concerning the handling of fluids 
recovered, covering the period between the commencement of hydraulic 
fracturing and the implementation of the approved permit for the 
disposal of produced water under NPS requirements:
    (1) The methods of handling the recovered fluids, including, but not 
limited to, transfer pipes and tankers, holding pond use, re-use for 
other stimulation activities, or injection; and
    (2) The disposal method of the recovered fluids, including, but not 
limited to, the percent injected, the percent stored at an off-lease 
disposal facility, and the percent recycled; and
    (h) Continuous monitoring records of annulus pressure at the 
bradenhead and other annular pressures that document pressures before, 
during, and after injection operations. You must submit a signed 
certification that wellbore integrity was maintained throughout the 
operation.

                      Access to Oil and Gas Rights



Sec.  9.130  May I cross Federal property to reach the boundary 
of my oil and gas right?

    The Regional Director may grant you the privilege of access, subject 
to the provisions of any applicable law, on, across, or through 
federally owned or administered lands or waters in any System unit 
outside of Alaska to reach the boundary of your oil and gas right.



Sec.  9.131  Will the NPS charge me a fee for access?

    (a) Except as provided in paragraph (b) of this section, the 
Regional Director may charge you a fee if you use federally owned or 
administered lands or waters that are outside the scope of your oil and 
gas right.
    (1) If you require the use of federally owned or administered lands 
or waters to access your operation, the Regional Director will charge 
you a fee based on the fair market value of such use.
    (2) If access to your mineral right is on or across an existing park 
road, the Regional Director may charge you a fee according to a posted 
fee schedule.
    (b) Fees under this section will not be charged for access within 
the scope of your oil and gas right or access to your mineral right that 
is otherwise provided for by law.

[[Page 214]]



Sec.  9.132  Will I be charged a fee for emergency access to 
my operations?

    The Regional Director will not charge a fee for access across 
federally owned or administered lands beyond the scope of your oil and 
gas right as necessary to respond to an emergency situation at your area 
of operations if the Regional Director determines that the circumstances 
require an immediate response to either:
    (a) Prevent or to minimize injury to park resources; or
    (b) Ensure public health and safety.

                           Financial Assurance



Sec.  9.140  Do I have to provide financial assurance to the NPS?

    Yes. You must file financial assurance with us in a form acceptable 
to the Regional Director and payable upon demand. This financial 
assurance is in addition to any financial assurance required by any 
other regulatory authority.



Sec.  9.141  How does the NPS establish the amount of financial assurance?

    We base the financial assurance amount upon the estimated cost for a 
third-party contractor to complete reclamation in accordance with this 
subpart. If the cost of reclamation exceeds the amount of your financial 
assurance, you remain liable for all costs of reclamation in excess of 
the financial assurance.



Sec.  9.142  Will the NPS adjust my financial assurance?

    The Regional Director may require, or you may request, an adjustment 
to the financial assurance amount because of any circumstance that 
increases or decreases the estimated costs established under Sec.  
9.141.



Sec.  9.143  When will the NPS release my financial assurance?

    We will release your financial assurance within 30 days after the 
Regional Director:
    (a) Determines that you have met all applicable reclamation 
operating standards and any additional reclamation requirements that may 
be included in your operations permit; or
    (b) Accepts a new operator's financial assurance under Sec.  
9.160(b) or (c).



Sec.  9.144  Under what circumstances will the NPS retain my financial 
assurance?

    (a) We will retain all or part of your financial assurance if 
compliance with your reclamation responsibilities under the approved 
permit or any provisions of this subpart is incomplete.
    (b) In addition, we may also:
    (1) Prohibit you from removing all structures, equipment, or other 
materials from your area of operations;
    (2) Require you to secure the operations site and take any necessary 
actions to protect federally owned or administered lands, waters, or 
resources of System units, visitor uses or experiences, or visitor or 
employee health and safety; and
    (3) Suspend review of any permit applications you have submitted 
until the Regional Director determines that all violations of permit 
provisions or of any provision of this subpart are resolved.
    (4) Seek recovery as provided in Sec.  9.141 for all costs of 
reclamation in excess of the posted financial assurance.

                      Modification to an Operation



Sec.  9.150  How can an approved permit be modified?

    (a) You may request modification to a temporary access permit or 
operations permit by providing the Regional Director with written notice 
describing the modification and why you think it is needed.
    (b) The Regional Director may propose to modify an approved 
temporary access or operations permit to address changed or 
unanticipated conditions within your area of operations. You will be 
notified in writing of the proposed modifications and the justifications 
therefore, and the time within which you must either notify the Regional 
Director that you accept the modifications to your permit or explain any 
concerns you may have
    (c) The Regional Director will review requests made under paragraph 
(a) of this section or responses provided under paragraph (b) of this 
section applying the approval standards and

[[Page 215]]

timeframes at Sec.  9.62 or Sec.  9.104, respectively. You will be 
notified in writing of the Regional Director's decision and any 
revisions approved to the terms of the permit.

                           Change of Operator



Sec.  9.160  What are my responsibilities if I transfer my 
operations?

    (a) You must notify the Superintendent in writing within 30 calendar 
days after the date the new owner acquires the rights to conduct 
operations. Your written notification must include:
    (1) The names and contact information of the person or entity 
conveying the oil or gas right, and the names and contact information of 
the person or entity acquiring the oil or gas right;
    (2) The effective date of transfer;
    (3) The description of the rights, assets, and liabilities being 
transferred and those being reserved by the previous owner; and
    (4) A written acknowledgement from the new owner that the contents 
of the notification are true and correct.
    (b) Until you meet the requirements of this section and the Regional 
Director provides notice to you that the new operator has complied with 
Sec.  9.161(a) you remain responsible for compliance with your 
operations permit, and we will retain your financial assurance.
    (c) If you were operating without an operations permit, you are 
subject to Sec. Sec.  9.120 through 9.122 and Sec. Sec.  9.180 through 
9.182 until the new operator meets the requirements of this section and 
the Regional Director provides notice to you that the new operator has 
complied with Sec.  9.161(b) or (c), as applicable.



Sec.  9.161  What must I do if operations are transferred to me?

    (a) If you acquire rights to conduct operations, you must provide to 
the Superintendent:
    (1) Written acknowledgment that you adopt the previous operator's 
operations permit, and that you agree to conduct operations in 
accordance with all terms and conditions thereof, or that you adopt the 
previous operator's operations permit and are also requesting approval 
for modification of the previous operator's permit consistent with the 
procedures at Sec.  9.150;
    (2) Financial assurance in the amount specified by the Regional 
Director and in accordance with the requirements of Sec. Sec.  9.140 
through 9.144;
    (3) Proof of liability insurance with limits sufficient to cover 
injuries to persons or property caused by your operations; and
    (4) An affidavit stating that your operations are in compliance with 
all applicable Federal, State, and local laws and regulations.
    (b) If the previous operator was granted an exemption under Sec.  
9.72, you must provide the Superintendent the following information 
within 30 calendar days after the date you acquire the rights to conduct 
operations:
    (1) Right to operate documentation demonstrating that you are the 
successor in interest to the previous operator's right, and the extent 
of such right, to operate within the System unit; and
    (2) The names and contact information of:
    (i) The operator;
    (ii) The owner; and
    (iii) The individuals responsible for overall management, field 
supervision, and emergency response of the proposed operations.
    (c) If the previous operator was operating without an operations 
permit, you will be considered a previously exempt operator and must 
obtain an operations permit. Within 90 days after acquiring the rights 
to conduct operations, you must submit the information at Sec.  9.51(a) 
through (j), and your operations permit application will be processed in 
accordance with Sec. Sec.  9.52 and 9.53.

                              Well Plugging



Sec.  9.170  When must I plug my well?

    Except as provided in Sec.  9.171, you must plug your well when any 
of the following occurs:
    (a) Your drilling operations have ended and you have taken no 
further action to produce the well within 60 days;
    (b) Your well, which has been completed for production operations, 
has

[[Page 216]]

no measureable production quantities for 12 consecutive months; or
    (c) The period approved in your operations permit to maintain your 
well in shut-in status has expired.



Sec.  9.171  Can I get an extension to the well plugging requirement?

    (a) You may apply for either a modification to your approved 
operations permit or, in the case of previously exempt operations, an 
operations permit to maintain your well in a shut-in status for up to 5 
years. The application must include:
    (1) An explanation of why the well is shut-in or temporarily 
abandoned and your future plans for utilization;
    (2) Proof of the mechanical integrity of both surface and production 
casing demonstrating that no migration of fluid can be expected to 
occur; and
    (3) A description of the manner in which your well, equipment, and 
area of operations will be maintained.
    (b) Based on the information provided under this section, the 
Regional Director may approve your application to maintain your well in 
shut-in status for a period up to 5 years. You may apply for additional 
extensions by submitting a new application under paragraph (a) of this 
section.

                       Prohibitions and Penalties



Sec.  9.180  What acts are prohibited under this subpart?

    The following are prohibited:
    (a) Operating in violation of the terms or conditions of a temporary 
access permit, or an approved operations permit, or any provision of 
this subpart;
    (b) Damaging federally owned or administered lands, waters, or 
resources of a System unit as a result of violation of the terms or 
conditions of a temporary access permit, an operations permit, or any 
provision of this subpart;
    (c) Conducting operations or activities without a required permit;
    (d) Failure to comply with any suspension or revocation order issued 
under this subpart; and
    (e) Failure to comply with any applicable Federal law or regulation, 
or non-conflicting State law or regulation, pertaining to your oil and 
gas operation.



Sec.  9.181  What enforcement actions can the NPS take?

    If you engage in a prohibited act described in Sec.  9.180:
    (a) You may be subject to a fine or imprisonment, or both, in 
accordance with 36 CFR 1.3;
    (b) The Superintendent may suspend your operations; or
    (c) The Regional Director may revoke your approved temporary access 
permit or operations permit.



Sec.  9.182  How do violations affect my ability to obtain a permit?

    Until you are in compliance with this subpart or the terms and 
conditions of an existing temporary access permit or operations permit, 
we will not consider any new permit requests to conduct operations 
within any System unit.

                       Reconsideration and Appeals



Sec.  9.190  Can I, as operator, request reconsideration of NPS decisions?

    Yes. If you disagree with a decision of the Regional Director under 
this subpart, you may file with the Regional Director a written 
statement describing the alleged factual or legal errors in the original 
decision and requesting that the Regional Director reconsider the 
decision. You must file your request for reconsideration within 60 
calendar days after your receipt of the Regional Director's decision. 
The NPS will dismiss as untimely any request for reconsideration 
received more than 60 days after your receipt of the original decision.



Sec.  9.191  How does the NPS process my request for reconsideration?

    The Regional Director will review his or her original decision and, 
within 90 days after receipt of your appeal, provide you with a written 
statement reversing, affirming, or modifying that decision, unless the 
Regional Director notifies you that he or she needs additional time to 
review the original decision. When issued, that written statement 
constitutes the Regional Director's final decision on the matter.

[[Page 217]]



Sec.  9.192  Can I appeal the Regional Director's decision?

    (a) If the Regional Director affirms or modifies his or her original 
decision after you file a request for reconsideration, you may file an 
appeal with the NPS Director within 60 calendar days after your receipt 
of the Regional Director's decision under Sec.  9.191.
    (b) Your appeal must include a statement of exceptions specifying 
your specific disagreements with the Regional Director's final decision. 
If you do not file your appeal within 60 calendar days, your appeal will 
be dismissed as untimely.
    (c) If you timely file your statement of exceptions, the Regional 
Director will forward his or her decision and the record for the appeal 
to the NPS Director. The record will consist of all documents and 
materials considered by NPS that are related to the matter appealed. The 
Regional Director will maintain that record under separate cover and 
will certify that the decision was based on that record. The Regional 
Director will make a copy of the record available to you at your 
request.
    (d) If, upon review, the NPS Director considers the record 
inadequate, the NPS Director may require additional documentation or 
information, or may remand the matter to the Regional Director with 
instructions for further action.
    (e) Within 45 calendar days from the date the NPS Director receives 
your statement of exceptions, the Director will issue a written 
decision. If the Director requires more than 45 calendar days to reach a 
decision, the Director will notify you and specify the reasons for the 
delay. The Director's written decision will include:
    (1) A statement of facts;
    (2) A statement of conclusions; and
    (3) An explanation of the basis for the decision.
    (f) No NPS decision under these regulations that is subject to 
appeal to the Director, or the Regional Director pursuant to Sec.  
9.194, will be considered final agency action subject to judicial review 
under 5 U.S.C. 704 unless the appropriate official has rendered a 
decision on the matter. That decision will constitute NPS's final agency 
action, and no further appeal will lie in the Department from that 
decision.



Sec.  9.193  Will filing a request for reconsideration or appeal stop 
the NPS from taking action under this subpart?

    (a) Except as provided for in paragraph (b) of this section, during 
the reconsideration and appeal processes, the decision at issue will be 
stayed (suspended). The decision will not become effective until the 
appeals process is completed.
    (b) If NPS suspends your operation due to an emergency within your 
area of operation that poses an immediate threat of injury to federally 
owned or administered lands or waters, or to public health and safety, 
you have a right to request reconsideration and appeal the decision 
under Sec. Sec.  9.190 through 9.194, but the suspension will not be 
stayed until the threat is eliminated.



Sec.  9.194  What if the original decision was made by the Superintendent?

    Where the Superintendent has the authority to make the original 
decision, requests for reconsideration and appeals may be filed in the 
manner provided by Sec. Sec.  9.190 through 9.193, except that:
    (a) The request for reconsideration will be filed with and decided 
by the Superintendent;
    (b) The appeal will be filed with and decided by the Regional 
Director; and
    (c) The Regional Director's decision will constitute the final 
agency action on the matter.

                          Public Participation



Sec.  9.200  How can the public participate in the approval process?

    (a) Interested parties may view the publicly available documents at 
the Superintendent's office during normal business hours or by other 
means prescribed by the Superintendent. The availability for public 
inspection of information about the nature, location, character, or 
ownership of park resources will conform to all applicable law and 
implementing regulations, standards, and guidelines.

[[Page 218]]

    (b) The Superintendent will make available for public inspection any 
documents that an operator submits to the NPS under this subpart except 
those that you have identified as proprietary or confidential.
    (c) For the information required in Sec. Sec.  9.88, 9.89, and 
9.122, the operator and the submitter of the information will be deemed 
to have waived any right to protect from public disclosure information 
submitted to the NPS. For information required under Sec. Sec.  9.88, 
9.89, and 9.122 that the owner of the information claims to be exempt 
from public disclosure and is withheld from the NPS, a corporate 
officer, managing partner, or sole proprietor of the operator must sign 
and the operator must submit to the Superintendent an affidavit that:
    (1) Identifies the owner of the withheld information and provides 
the name, address and contact information for a corporate officer, 
managing partner, or sole proprietor of the owner of the information;
    (2) Identifies the Federal statute or regulation that would prohibit 
the NPS from publicly disclosing the information if it were in the NPS's 
possession;
    (3) Affirms that the operator has been provided the withheld 
information from the owner of the information and is maintaining records 
of the withheld information, or that the operator has access and will 
maintain access to the withheld information held by the owner of the 
information;
    (4) Affirms that the information is not publicly available;
    (5) Affirms that the information is not required to be publicly 
disclosed under any applicable local, State, tribal, or Federal law;
    (6) Affirms that the owner of the information is in actual 
competition and identifies competitors or others that could use the 
withheld information to cause the owner of the information substantial 
competitive harm;
    (7) Affirms that the release of the information would likely cause 
substantial competitive harm to the owner of the information and 
provides the factual basis for that affirmation; and
    (8) Affirms that the information is not readily apparent through 
reverse engineering with publicly available information.
    (d) If the operator relies upon information from third parties, such 
as the owner of the withheld information, to make the affirmations in 
paragraphs (c)(6) through (8) of this section, the operator must provide 
a written affidavit from the third party that sets forth the relied-upon 
information.
    (e) The NPS may require any operator to submit to the NPS any 
withheld information, and any information relevant to a claim that 
withheld information is exempt from public disclosure.
    (f) If the NPS determines that the information submitted under 
paragraph (e) of this section is not exempt from disclosure, the NPS 
will make the information available to the public after providing the 
operator and owner of the information with no fewer than 10 business 
days' notice of the NPS's determination.
    (g) The operator must maintain records of the withheld information 
until the later of the NPS's release of the operator's financial 
assurance or 7 years after completion of hydraulic fracturing 
operations. Any subsequent operator will be responsible for maintaining 
access to records required by this paragraph during its operation of the 
well. The operator will be deemed to be maintaining the records if it 
can promptly provide the complete and accurate information to NPS, even 
if the information is in the custody of its owner.
    (h) If any of the chemical identity information required in Sec.  
9.122 is withheld, the operator must provide the generic chemical name 
in the submission required by Sec.  9.122. The generic chemical name 
must be only as nonspecific as is necessary to protect the confidential 
chemical identity, and should be the same as or no less descriptive than 
the generic chemical name provided to the Environmental Protection 
Agency.

                         Information Collection



Sec.  9.210  Has the Office of Management and Budget approved the information
collection requirements?

    (a) The Office of Management and Budget (OMB) has reviewed and 
approved the information collection requirements in 36 CFR part 9, 
subpart B, and assigned OMB Control Number

[[Page 219]]

1024-0274. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number. We use the information collected to:
    (1) Evaluate proposed operations;
    (2) Ensure that all necessary mitigation measures are employed to 
protect park resources and values; and
    (3) Ensure compliance with all applicable laws and regulations.
    (b) You may submit comments on any aspect of the information 
collection requirements to the Information Collection Clearance Officer, 
National Park Service, 12201 Sunrise Valley Drive, Room 2C114, Mail Stop 
242, Reston, VA 20192.



          Subpart C_Alaska Mineral Resource Assessment Program

    Authority: 16 U.S.C. 410hh; 16 U.S.C. 3101, et seq.; 16 U.S.C. 347; 
16 U.S.C. 410bb; 16 U.S.C. 1131 et seq.; 54 U.S.C. 320301; 54 U.S.C. 
100101, et seq.

    Source: 56 FR 22652, May 16, 1991, unless otherwise noted. 
Redesignated at 81 FR 77992, Nov. 4, 2016.



Sec.  9.300  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.  9.301  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.  9.302  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.  9.306; 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

[[Page 220]]

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; 81 FR 78005, Nov. 4, 2016]



Sec.  9.303  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.  9.304  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.  9.304(b) for proposed AMRAP projects and activities 
discussed and reviewed at the annual coordination meeting held under 
Sec.  9.303(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.

[56 FR 22652, May 16, 1991. Redesignated and amended at 81 FR 77992, 
78005, Nov. 4, 2016]

[[Page 221]]



Sec.  9.305  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.  9.306  Application review process and approval standards.

    (a) The Regional Director will review applications submitted 
pursuant to Sec.  9.304 and will ensure that final action 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.

[56 FR 22652, May 16, 1991. Redesignated and amended at 81 FR 77992, 
78005, Nov. 4, 2016]



Sec.  9.307  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.  9.308  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.  9.306. 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

[[Page 222]]

    (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 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.

[56 FR 22652, May 16, 1991. Redesignated and amended at 81 FR 77992, 
78005, Nov. 4, 2016]



Sec.  9.309  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.

[[Page 223]]

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 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: 54 U.S.C. 100101, 100751.



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]

[[Page 224]]



PART 12_NATIONAL CEMETERIES--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: 54 U.S.C. 100101, 100751, 320102.

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



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, engaged in by one or more persons, the conduct of which is 
reasonably likely to attract a crowd or onlookers. This term does not 
include casual park use by persons that is not reasonably likely 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

[[Page 225]]

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, engaged in by one or more 
persons, the conduct of which is reasonably likely to attract a crowd or 
onlookers. This term does not include casual park use by persons that is 
not reasonably likely 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.

[51 FR 8979, Mar. 14, 1986, as amended at 79 FR 33436, June 11, 2014]



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.

[[Page 226]]

    (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;
    (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.

[[Page 227]]

    (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 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.

[[Page 228]]



Sec.  12.10  Floral and commemorative tributes.

    The placement on a grave of fresh cut or artificial 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 Sec. Sec.  
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 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_Administrative Provisions

Sec.
13.1 Definitions.
13.2 Applicability and scope.
13.4 Information collection.

                      Subpart B_General Provisions

13.20 Obstruction of airstrips.
13.25 Camping.
13.26 Picnicking.
13.30 Weapons, traps and nets.
13.35 Preservation of natural features.
13.40 Taking of fish.
13.42 Taking of wildlife in national preserves.
13.45 Unattended or abandoned property.
13.50 Closure and restriction procedures.
13.55 Permits.

                            Subpart C_Cabins

                        Administrative Provisions

13.100 Purpose and policy.
13.102 Applicability.
13.104 Definitions.

                           General Provisions

13.108 Permit application procedures.
13.110 Notice and comment on proposed permit.
13.112 Permit revocation.
13.114 Appeal procedures.
13.116 Permittee's interest.
13.118 Cabin site compatibility.
13.120 Access.
13.122 Abandonment.
13.124 Emergency use.
13.126 Authorized use and occupancy.
13.130 New cabins and other structures otherwise authorized.

       Cabin Use--Leases or Permits in Effect on December 2, 1980

13.136 Use and/or occupancy pursuant to a valid existing lease or 
          permit.
13.138 Renewal.
13.140 Denial of renewal.
13.142 Transfer.

 Cabin Use--Cabin Not Under Valid Lease or Permit as of December 1, 1978

13.144 Use and occupancy of a cabin prior to December 18, 1973.
13.146 Use and occupancy of a cabin between December 18, 1973 and 
          December 1, 1978.
13.148 Permit application.
13.149 Permit application deadline.

               Cabin Use for Commercial Fishing Activities

13.150 Use for authorized commercial fishing activities.

                   Cabin Use for Subsistence Purposes

13.160 Use of cabins for subsistence purposes.
13.161 Permit application.
13.162 Permit issuance.
13.164 Permit terms.
13.166 Temporary facilities.
13.168 Shared use.

                            Public Use Cabins

13.170 General public use cabins.
13.172 Management of public use cabins.
13.176 Cabins in wilderness areas.

     Use of Temporary Facilities Related to Taking Fish and Wildlife

13.182 Temporary facilities.
13.184 Permit application.
13.186 Permit issuance.
13.188 Permit terms.

Subpart D [Reserved]

                   Subpart E_Special Visitor Services

13.300 Applicability and scope.
13.305 Definitions.
13.310 Historical operators.

[[Page 229]]

13.315 Preferred operators.
13.320 Preference to Cook Inlet Region, Incorporated.
13.325 Most directly affected Native Corporation.
13.330 Appeal procedures.
13.335 Information collection.

                          Subpart F_Subsistence

13.400 Purpose and policy.
13.410 Applicability.
13.420 Definitions.
13.430 Determination of resident zones.
13.440 Subsistence permits for persons whose primary, permanent home is 
          outside a resident zone.
13.450 Prohibition on aircraft use.
13.460 Use of snowmobiles, motorboats, dog teams, and other means of 
          surface transportation traditionally employed by local rural 
          residents engaged in subsistence uses.
13.470 Subsistence fishing.
13.480 Subsistence hunting and trapping.
13.482 Subsistence collection and use of animal parts.
13.485 Subsistence use of timber and plant material.
13.490 Closure to subsistence uses of fish and wildlife.
13.495 Application procedures for subsistence permits and aircraft 
          exceptions.

Subpart G [Reserved]

            Subpart H_Special Regulations_Alagnak Wild River

13.550 Wildlife distance conditions.

 Subpart I_Special Regulations_Aniakchak National Monument and Preserve

13.602 Subsistence resident zone.
13.604 Wildlife distance conditions.

   Subpart J_Special Regulations_Bering Land Bridge National Preserve

13.702 Off-Road Vehicles.

    Subpart K_Special Regulations_Cape Krusenstern National Monument

13.802 Subsistence resident zone.

     Subpart L_Special Regulations_Denali National Park and Preserve

                           General Provisions

13.902 Subsistence resident zone.
13.903 Subsistence use of off-road vehicles.
13.904 Camping.
13.905 Group size.
13.906 Unattended or abandoned property.
13.908 Fishing limit of catch and in possession.
13.910 Mountain climbing.
13.912 Kantishna area summer season firearm safety zone.
13.914 Bicycle use.
13.916 Use of roller skates, skateboards, roller skis, in-line skates, 
          and similar devices.
13.918 Sable Pass Wildlife Viewing Area.
13.920 Wildlife distance conditions.

                          Motor Vehicle Permits

13.930 Do I need a permit to operate a motor vehicle on the Denali Park 
          Road west of the Savage River?
13.932 How many permits will be issued each summer?
13.934 How will the superintendent manage the permit program?
13.936 What is prohibited?

                   Snowmachine (Snowmobile) Operations

13.950 What is the definition of a traditional activity for which 
          section 1110(a) of ANILCA Permits snowmachines to be used in 
          the Former Mt. McKinley National Park (Old Park) portion of 
          Denali National Park and Preserve?
13.952 May a snowmachine be used in that portion of the park formerly 
          known as Mt. McKinley National Park (Old Park)?
13.954 Where can I operate a snowmachine in Denali National Park and 
          Preserve?
13.956 What types of snowmachines are allowed?
13.958 What other regulations apply to snowmachine use?
13.960 Who determines when there is adequate snow cover?
13.962 Does the Superintendent have other regulatory authority?

                    Frontcountry Developed Area (FDA)

13.970 Frontcountry Developed Area Definition.
13.972 Camping from April 15 through September 30.
13.974 Camping from October 1 through April 14.
13.976 Fire.
13.978 Pets.
13.980 Other FDA closures and restrictions.

  Subpart M_Special Regulations_Gates of the Arctic National Park and 
                                Preserve

13.1002 Subsistence resident zone.
13.1004 Aircraft use.
13.1006 Customary trade.
13.1008 Solid waste disposal.

[[Page 230]]

  Subpart N_Special Regulations_Glacier Bay National Park and Preserve

                        Administrative Provisions

13.1102 Definitions.
13.1104 Coordinates.
13.1106 Pets.
13.1108 Alsek Corridor.
13.1109 Off-road vehicle use in Glacier Bay National Preserve.

                           General Provisions

13.1110 Collection of interstadial wood.
13.1112 Collection of rocks and minerals.
13.1114 Collection of goat hair.
13.1116 Camping.
13.1118 Solid waste disposal.

                              Bartlett Cove

13.1120 Bartlett Cove Developed Area closures and restrictions.
13.1122 Bartlett Cove Public Use Dock.
13.1124 Bartlett Cove Campground.
13.1126 Bicycles.
13.1128 Is a permit required to transport passengers between Bartlett 
          Cove and Gustavus?

                           Commercial Fishing

13.1130 Is commercial fishing authorized in the marine waters of Glacier 
          Bay National Park?
13.1132 What types of commercial fishing are authorized in Glacier Bay?
13.1134 Who is eligible for a Glacier Bay commercial fishing lifetime 
          access permit?
13.1136 How can an individual apply for a commercial fishing lifetime 
          access permit?
13.1138 Where should the documentation for a lifetime access permit be 
          sent?
13.1140 Who determines eligibility?
13.1142 Can I appeal denial of my commercial fishing lifetime access 
          permit application?
13.1144 How often will commercial fishing lifetime access permits be 
          renewed?
13.1146 What other closures and restrictions apply to commercial 
          fishermen and commercial fishing vessels?

                             Vessel Permits

13.1150 Is a permit required for a vessel in Glacier Bay?
13.1152 Private vessel permits and conditions.
13.1154 Commercial vessel permits and conditions.
13.1156 Exceptions from vessel permit requirement.
13.1158 Prohibitions.
13.1160 Restrictions on vessel entry.

                      Vessel Operating Restrictions

13.1170 What are the rules for operating vessels?
13.1172 When general operating restrictions do not apply.
13.1174 Whale water restrictions.
13.1176 Speed restrictions.
13.1178 Closed waters, islands, and other areas.
13.1180 Closed waters, motor vessels, and seaplanes.
13.1182 Noise restrictions.
13.1184 Other restrictions on vessels.
13.1186 What are the emission standards for vessels?
13.1188 Where to get charts depicting closed waters.

     Subpart O_Special Regulations_Katmai National Park and Preserve

                           General Provisions

13.1202 Fishing.
13.1204 Traditional red fish fishery.
13.1206 Wildlife distance conditions.
13.1208 Lake Camp.
13.1210 Firearms.

                       Brooks Camp Developed Area

13.1220 Brooks Camp Developed Area definition.
13.1222 Camping.
13.1224 Visiting hours.
13.1226 Brooks Falls area.
13.1228 Food storage.
13.1230 Campfires.
13.1232 Sanitation.
13.1234 Pets.
13.1236 Bear orientation.
13.1238 Picnicking.
13.1240 Unattended property.
13.1242 BCDA closures and restrictions.

        Subpart P_Special Regulations_Kenai Fjords National Park

                           General Provisions

13.1302 Subsistence.
13.1304 Ice fall hazard zones.
13.1306 Public use cabins.
13.1308 Harding Icefield Trail.
13.1310 Pets.
13.1312 Climbing and walking on Exit Glacier.
13.1316 Commercial transport of passengers by motor vehicles.

                  Exit Glacier Development Area (EGDA)

13.1318 Location of the EGDA.
13.1320 Camping.
13.1322 Food storage.
13.1324 Bicycles.
13.1326 Snowmachines.
13.1328 EGDA closures and restrictions.

[[Page 231]]

  Subpart Q_Special Regulations_Klondike Gold Rush National Historical 
                                  Park

13.1402 Camping.
13.1404 Preservation of natural, cultural, and archaeological resources.
13.1406 State lands.
13.1408 Dyea.

        Subpart R_Special Regulations_Kobuk Valley National Park

13.1502 Subsistence resident zone.
13.1504 Customary trade.

   Subpart S_Special Regulations_Lake Clark National Park and Preserve

13.1602 Subsistence resident zone.
13.1604 Solid waste disposal.

Subpart T--Special Regulations--Noatak National Preserve [Reserved]

      Subpart U_Special Regulations_Sitka National Historical Park

13.1802 Prohibited activities.

   Subpart V_Special Regulations_Wrangell-St. Elias National Park and 
                                Preserve

13.1902 Subsistence.
13.1904 Kennecott Mines National Historic Landmark (KNHL).
13.1906 Headquarters/Visitor Center Developed Area (HQCDA).
13.1908 Slana Developed Area (SDA).
13.1910 KNHL and developed area closures and restrictions.
13.1912 Solid waste disposal.
13.1914 Off-road motor vehicle use in the Nabesna District.

Subpart W--Special Regulations--Yukon-Charley Rivers National Preserve 
[Reserved]

    Authority: 16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; Sec. 
13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat. 4240.

    Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.



                   Subpart A_Administrative Provisions



Sec.  13.1  Definitions.

    The following definitions shall apply to all regulations contained 
in this part:
    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.
    Airstrip means visible, marked, or known aircraft landing areas in 
park areas. Airstrips may be marked with cones, lights, flagging, or 
windsocks, or be unmarked but recognizable because they have been 
cleared of vegetation or other obstructions.
    ANILCA means the Alaska National Interest Lands Conservation Act (94 
Stat. 2371; Pub. L. 96-487 (December 2, 1980)).
    Bait means, for purposes of taking wildlife other than fish, any 
material used to attract wildlife by sense of smell or taste except:
    (1) Parts of legally taken wildlife or fish that are not required to 
be salvaged if the parts are not moved from the kill site; or
    (2) Wildlife or fish that died of natural causes, if not moved from 
the location where it was found.
    Big game means black bear, brown bear, bison, caribou, Sitka black-
tailed deer, elk, mountain goat, moose, muskox, Dall's sheep, wolf, and 
wolverine.
    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.
    Cub bear means a brown (grizzly) bear in its first or second year of 
life, or a black bear (including the cinnamon and blue phases) in its 
first year of life.
    Downed aircraft means an aircraft that as a result of mechanical 
failure or accident cannot take off.
    Facility means buildings, structures, park roads as defined by Sec.  
1.4, parking lots, campgrounds, picnic areas, paved trails, and 
maintenance support yards.
    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.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird

[[Page 232]]

(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.
    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.
    Fur animal means a classification of animals subject to taking with 
a hunting license, consisting of beaver, coyote, arctic fox, red fox, 
lynx, flying squirrel, ground squirrel, or red squirrel that have not 
been domestically raised.
    Furbearer means a beaver, coyote, arctic fox, red fox, lynx, marten, 
mink, least weasel, short-tailed weasel, muskrat, land otter, red 
squirrel, flying squirrel, ground squirrel, Alaskan marmot, hoary 
marmot, woodchuck, wolf and wolverine.
    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.
    Motorboat refers to a motorized vessel other than a personal 
watercraft.
    National Preserve shall include the following areas of the National 
Park System: Alagnak National Wild 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 Rivers 
National Preserve.
    Net means a seine, weir, net wire, fish trap, or other implement 
designed to entrap fish, except a landing net.
    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.
    Park areas means lands and waters administered by the National Park 
Service within the State of Alaska.
    Person means any individual, firm, corporation, society, 
association, partnership, or any private or public body.
    Possession means exercising dominion or control, with or without 
ownership, over weapons, traps, nets or other property.
    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.
    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.
    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.
    Temporary means a continuous period of time not to exceed 12 months, 
except as specifically provided otherwise.
    Trap means a snare, trap, mesh, or other implement designed to 
entrap animals other than fish.
    Trapping means taking furbearers under a trapping license.
    Unload means there is no unexpended shell or cartridge in the 
chamber or magazine of a firearm; bows, crossbows and spearguns are 
stored in such a manner as to prevent their ready use;

[[Page 233]]

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.
    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.

[71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008; 80 
FR 64342, Oct. 23, 2015]



Sec.  13.2  Applicability and scope.

    (a) The regulations contained in 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 part 13.
    (b) Subparts A through F contain regulations applicable to park 
areas. Such regulations amend in part the general regulations contained 
in this chapter. The regulations in subparts A through F govern use and 
management, including subsistence activities, within the park areas, 
except as modified by special park regulations in subparts H through V.
    (c) Subpart F 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, the former Mt. McKinley National Park. The 
regulations in subpart F amend in part the general regulations contained 
in this chapter and the regulations contained in subparts A through C of 
part 13.
    (d) Subparts H through V contain 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 
through F of part 13.
    (e) Subpart E of this part 13 contains regulations applicable to 
authorized visitor service providers operating within certain park 
areas. The regulations in subpart E 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.



Sec.  13.4  Information collection.

    The information collection requirements contained in subparts C and 
G, and Sec. Sec.  13.55, 13.440, 13.450, 13.485, and 13.495 are 
necessary for park Superintendents to issue concession contracts and 
special use permits, and have been approved by the Office of Management 
and Budget under 44 U.S.C. 3507. Information collections associated with 
the award of concession contracts are covered under OMB control number 
1024-0125; the information collections associated with the issuance of 
special use permits are covered under OMB control number 1024-0026.



                      Subpart B_General Provisions



Sec.  13.20  Obstruction of airstrips.

    (a) A person may not place an object on the surface of an airstrip 
that, because of its nature or location, might cause injury or damage to 
an aircraft or person riding in the aircraft.
    (b) A person may not dig a hole or make any kind of excavation, or 
drive a sled, tractor, truck, or any kind of vehicle upon an airstrip 
that might make ruts, or tracks, or add to an accumulation of tracks so 
as to endanger aircraft using the airstrip or persons riding in the 
aircraft.



Sec.  13.25  Camping.

    (a) Camping is authorized in park areas except where such use is 
prohibited or otherwise restricted by the Superintendent in accordance 
with this section, the provisions of Sec.  13.50, or as set forth for 
specific park areas in subparts H through V of this part.

[[Page 234]]

    (b) Site time-limits. Camping is authorized for 14 consecutive days 
in one location. Camping is prohibited after 14 consecutive days in one 
location unless the camp is moved at least 2 miles or unless authorized 
by the Superintendent. A camp and associated equipment must be relocated 
immediately if determined by the Superintendent to be interfering with 
public access or other public interests or adversely impacting park 
resources.
    (c) Designated campgrounds. Except at designated campgrounds, 
camping is prohibited on NPS facilities. The Superintendent may 
establish restrictions, terms, and conditions for camping in designated 
campgrounds. Violating restrictions, terms, and conditions is 
prohibited.



Sec.  13.26  Picnicking.

    Picnicking is authorized in park areas except where such activity is 
prohibited or otherwise restricted by the Superintendent. The public 
will be notified by one or more of the following methods--
    (a) Signs posted at conspicuous locations, such as normal points of 
entry or reasonable intervals along the boundary of the affected park 
locale;
    (b) Maps available in the office of the Superintendent and other 
places convenient to the public;
    (c) Publication in a newspaper of general circulation in the 
affected area; or
    (d) Other appropriate methods, including park Web sites, brochures, 
maps, and handouts.



Sec.  13.30  Weapons, traps and nets.

    (a) Irritant chemical devices, including bear spray, may be carried, 
possessed, and used in accordance with applicable Federal and non-
conflicting State laws, except when prohibited or restricted under Sec.  
13.50.
    (b) Paragraphs (d) through (g) of this section apply 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.
    (c) Except as provided in this section and Sec.  2.4 of this 
chapter, the following are prohibited--
    (1) Possessing a weapon, trap, or net;
    (2) Carrying a weapon, trap, or net;
    (3) Using a weapon, trap, or net.
    (d) Firearms may be carried, possessed, and used within park areas 
in accordance with applicable State and Federal laws, except where such 
carrying, possession, or use is prohibited or otherwise restricted under 
Sec.  13.50.
    (e) Traps, bows and other implements (other than firearms) 
authorized by applicable State and Federal law for the taking of fish 
and wildlife may be carried, possessed, and used within park areas only 
during those times when the taking of fish and wildlife is authorized by 
applicable law or regulation.
    (f) In addition to the authorities provided in paragraphs (d) and 
(e) 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.
    (g) Notwithstanding the provisions of this section, local rural 
residents who are authorized to engage in subsistence uses, including 
the taking of wildlife under Sec.  13.480, may use, possess, or carry 
traps, nets and other weapons in accordance with applicable State and 
Federal laws.



Sec.  13.35  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, and the former Katmai National 
Monument.
    (b) Gathering or collecting natural products is prohibited except as 
allowed by this section, Sec.  2.1 of this chapter, or part 13, subparts 
F through V. For purposes of this paragraph, ``natural products'' 
includes living or dead fish and wildlife or parts or products thereof, 
plants or parts or products thereof, live or dead wood, fungi, 
seashells, rocks, and minerals.
    (c) Gathering or collecting, by hand and for personal use only, of 
the following renewable resources is permitted--

[[Page 235]]

    (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 wood on the ground for use as fuel for campfires within the 
park area.
    (d) The Superintendent may authorize, with or without conditions, 
the collection of dead standing wood in all or a portion of a park area. 
Collecting dead or downed wood in violation of terms and conditions is 
prohibited.
    (e) Surface collection, by hand (including hand-held gold pans) and 
for personal recreational use only, of rocks and minerals is permitted, 
with the following exceptions:
    (1) Collection of silver, platinum, gemstones and fossils is 
prohibited; and
    (2) Collection methods that may result in disturbance of the ground 
surface, such as the use of shovels, pickaxes, sluice boxes, and 
dredges, are prohibited.
    (f) The Superintendent may limit the size and quantity of the 
natural products that may be gathered or possessed.
    (1) 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 will 
prohibit the gathering or otherwise restrict the collecting of natural 
products.
    (2) The Superintendent will notify the public of portions of a park 
area in which closures or restrictions apply by:
    (i) Publishing a notice in at least one newspaper of general 
circulation in the State and providing a map available for public 
inspection in the office of the Superintendent; or
    (ii) Posting appropriate signs.
    (g) Subsistence. Nothing in this section shall apply to local rural 
residents authorized to take renewable resources.



Sec.  13.40  Taking of fish.

    (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.

[[Page 236]]

    (d) Use of native species as bait. Use of species native to Alaska 
as bait for fishing is allowed in accordance with non-conflicting State 
law and regulations.
    (e) Closures and restrictions. The Superintendent may prohibit or 
restrict the non-subsistence taking of fish in accordance with the 
provisions of Sec.  13.50.

[71 FR 69333, Nov. 30, 2006, as amended at 80 FR 64343, Oct. 23, 2015]



Sec.  13.42  Taking of wildlife in national preserves.

    (a) Hunting and trapping are allowed in national preserves in 
accordance with applicable Federal and non-conflicting State law and 
regulation.
    (b) Violating a provision of either Federal or non-conflicting State 
law or regulation is prohibited.
    (c) Engaging in trapping activities as the employee of another 
person is prohibited.
    (d) 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 between regularly maintained public 
airports.
    (e) Persons transporting wildlife through park areas must identify 
themselves and the location where the wildlife was taken when requested 
by NPS law enforcement personnel.
    (f) State of Alaska management actions or laws or regulations that 
authorize taking of wildlife are not adopted in park areas if they are 
related to predator reduction efforts. Predator reduction efforts are 
those with the intent or potential to alter or manipulate natural 
predator-prey dynamics and associated natural ecological processes, in 
order to increase harvest of ungulates by humans.
    (1) The Regional Director will compile a list updated at least 
annually of State laws and regulations not adopted under this paragraph 
(f).
    (2) Taking of wildlife, hunting or trapping activities, or 
management actions identified in this paragraph (f) are prohibited. 
Notice of activities prohibited under this paragraph (f)(2) will be 
provided in accordance with Sec.  13.50(f).
    (g) This paragraph applies to the taking of wildlife in park areas 
administered as national preserves except for subsistence uses by local 
rural residents pursuant to applicable Federal law and regulation. As of 
January 1, 2016, the following are prohibited:

------------------------------------------------------------------------
            Prohibited acts                      Any exceptions?
------------------------------------------------------------------------
(1) Shooting from, on, or across a park  None.
 road or highway.
(2) Using any poison or other substance  None.
 that kills or temporarily
 incapacitates wildlife.
(3) Taking wildlife from an aircraft,    If the motor has been
 off-road vehicle, motorboat, motor       completely shut off and
 vehicle, or snowmachine.                 progress from the motor's
                                          power has ceased.
(4) Using an aircraft, snowmachine, off- None.
 road vehicle, motorboat, or other
 motor vehicle to harass wildlife,
 including chasing, driving, herding,
 molesting, or otherwise disturbing
 wildlife.
(5) Taking big game while the animal is  None.
 swimming.
(6) Using a machine gun, a set gun, or   None.
 a shotgun larger than 10 gauge.
(7) Using the aid of a pit, fire,        Killer style traps with an
 artificial salt lick, explosive,         inside jaw spread less than 13
 expanding gas arrow, bomb, smoke,        inches may be used for
 chemical, or a conventional steel trap   trapping, except to take any
 with an inside jaw spread over nine      species of bear or ungulate.
 inches.

[[Page 237]]

 
(8) Using any electronic device to       (i) Rangefinders may be used.
 take, harass, chase, drive, herd, or    (ii) Electronic calls may be
 molest wildlife, including but not       used for game animals except
 limited to: artificial light; laser      moose.
 sights; electronically enhanced night   (iii) Artificial light may be
 vision scope; any device that has been   used for the purpose of taking
 airborne, controlled remotely, and       furbearers under a trapping
 used to spot or locate game with the     license during an open season
 use of a camera, video, or other         from Nov. 1 through March 31
 sensing device; radio or satellite       where authorized by the State.
 communication; cellular or satellite    (iv) Artificial light may be
 telephone; or motion detector.           used by a tracking dog handler
                                          with one leashed dog to aid in
                                          tracking and dispatching a
                                          wounded big game animal.
                                         (v) Electronic devices approved
                                          in writing by the Regional
                                          Director.
(9) Using snares, nets, or traps to      None.
 take any species of bear or ungulate.
(10) Using bait........................  Using bait to trap furbearers.
(11) Taking big game with the aid or     Leashed dog for tracking
 use of a dog.                            wounded big game.
(12) Taking wolves and coyotes from May  None.
 1 through August 9.
(13) Taking cub bears or female bears    None.
 with cubs.
(14) Taking a fur animal or furbearer    Muskrat pushups or feeding
 by disturbing or destroying a den.       houses.
------------------------------------------------------------------------

    (h) The Superintendent may prohibit or restrict the non-subsistence 
taking of wildlife in accordance with the provisions of Sec.  13.50.
    (i) A person may not intentionally obstruct or hinder another 
person's lawful hunting or trapping by:
    (1) Placing oneself in a location in which human presence may alter 
the behavior of the game that another person is attempting to take or 
the imminent feasibility of taking game by another person; or
    (2) Creating a visual, aural, olfactory, or physical stimulus in 
order to alter the behavior of the game that another person is 
attempting to take.
    (j) Collecting, capturing, or possessing living wildlife is 
prohibited unless expressly authorized by federal statute or pursuant to 
Sec.  2.5 of this chapter. A falconry permit or other permit issued by 
the State of Alaska does not provide the required authorization. These 
collecting activities are not hunting or trapping activities and 
therefore are not allowed in national preserves under paragraph (a) of 
this section. This regulation does not prohibit the use of trained 
raptors for hunting activities where authorized by applicable federal 
and state law.

[80 FR 64343, Oct. 23, 2015, as amended at 82 FR 3632, Jan. 12, 2017]



Sec.  13.45  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 subparts H through V 
of this part.
    (b) Personal property. (1) Leaving personal property longer than 4 
months is prohibited. The Superintendent may authorize property to be 
left in place for more than 4 months.
    (2) Identification information is required for all personal property 
left in park areas. Identification information consists of the owner's 
name, home address, telephone number, date that the property was left, 
and the type of fuel if the property contains fuel. This information 
must be--
    (i) Labeled on the property; or
    (ii) Provided to the Superintendent.
    (3) All property must be stored in such a manner that wildlife is 
unable to access the contents. Storing property in a manner that 
wildlife can access contents is prohibited.
    (4) Leaving fuel in more than one location in a park area or leaving 
more than 30 gallons of fuel is prohibited unless authorized by the 
Superintendent.
    (5) Storing fuel within 100 feet of a water source, high water mark 
of a body of water, or mean high tide is prohibited unless stored in a 
spill proof overpack container or authorized by the Superintendent. Fuel 
must be contained in an undamaged and closed fuel container designed for 
fuel storage. Fueling from containers must occur in such a manner that 
any spillage would

[[Page 238]]

be prevented from coming into contact with water, soil, or vegetation. 
Failure to properly contain or prevent spillage is prohibited.
    (6) Leaving property unattended for longer than 24 hours on 
facilities is prohibited unless authorized by the Superintendent.
    (7) Property left in violation of this section is prohibited and 
subject to impoundment and, if abandoned, disposal or forfeiture.
    (c) The Superintendent may designate areas where personal property 
may not be left unattended for any time period, establish limits on the 
amount and type of personal property that may be left unattended, 
prescribe the manner in which personal property may be left unattended, 
or establish limits on the length of time personal property may be left 
unattended. Such designations and restrictions shall be 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 designated by the posting of appropriate signs, or 
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.  13.50  Closure and restriction procedures.

    (a) Applicability and authority. The Superintendent will follow the 
provisions of this section to close an area or restrict an activity, or 
terminate or relax a closure or restriction, in NPS areas in Alaska.
    (b) Factors. In determining whether to close an area or restrict an 
activity, or whether to terminate or relax a closure or restriction, the 
Superintendent must ensure that the activity or area is managed in a 
manner compatible with the purposes for which the park area was 
established. The Superintendent's decision under this paragraph must 
therefore be guided by factors such as public health and safety, 
resource protection, protection of cultural or scientific values, 
subsistence uses, conservation of endangered or threatened species, and 
other management considerations.
    (c) Rulemaking requirements. This paragraph applies only to a 
closure or restriction, 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 area; adversely affect the 
area's natural, aesthetic, scenic, or cultural values; or require a 
long-term modification in the resource management objectives of the 
area. Except in emergency situations, the closure or restriction, or the 
termination or relaxation of such, must be published as a rulemaking in 
the Federal Register.
    (d) Written determination. Except in emergency situations, prior to 
implementing or terminating a closure or restriction, the superintendent 
shall prepare a written determination justifying the action. That 
determination shall set forth the reasons the closure or restriction 
authorized by paragraph (a) of this section has been established. This 
determination will be posted on the NPS Web site at www.nps.gov.
    (e) Restrictions on taking fish or wildlife. (1) Except in 
emergencies, the NPS will consult with the State agency having 
responsibility over fishing, hunting, or trapping and provide an 
opportunity for public comment, including one or more public meetings 
near the affected NPS unit, prior to implementing a closure or 
restriction on taking fish or wildlife.
    (2) Emergency closures or restrictions may not exceed a period of 60 
days and may not be extended without following the nonemergency 
procedures of this section.
    (f) Notice. A list of closures and restrictions will be compiled in 
writing and updated annually. The list will be posted on the NPS Web 
site at www.nps.gov and made available at park headquarters. Additional 
means of notice reasonably likely to inform residents in the affected 
vicinity will also be provided where available, such as:

[[Page 239]]

    (1) Publication in a newspaper of general circulation in the State 
or in local newspapers;
    (2) Use of electronic media, such as the internet and email lists;
    (3) Radio broadcast; or
    (4) Posting of signs in the local vicinity.
    (g) Violating a closure or restriction is prohibited.

[80 FR 64344, Oct. 23, 2015]



Sec.  13.55  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 C_Cabins

                        Administrative Provisions



Sec.  13.100  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 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 subpart governs the following authorized uses of cabins and other 
structures in park areas:
    (a) Use and/or occupancy pursuant to a valid existing lease or 
permit;
    (b) Use and occupancy of a cabin not under valid existing lease or 
permit;
    (c) Use for authorized commercial fishing activities;
    (d) Use of cabins for subsistence purposes;
    (e) Public use cabins; and
    (f) Use of temporary facilities related to the taking of fish and 
wildlife.



Sec.  13.102  Applicability.

    Unless otherwise specified, this subpart applies to all park areas 
in Alaska except Klondike Gold Rush National Historical Park and Sitka 
National Historical Park.

[[Page 240]]



Sec.  13.104  Definitions.

    The following definitions apply to this subpart:
    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.

                           General Provisions



Sec.  13.108  Permit application procedures.

    Except as otherwise specified in this subpart, the procedures set 
forth in Sec.  13.55(a) govern application for any permit authorized 
pursuant to this subpart.



Sec.  13.110  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 subpart, 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.



Sec.  13.112  Permit revocation.

    (a) The superintendent may revoke a permit or lease issued pursuant 
to this subpart 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, 
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 Sec. Sec.  13.130, 13.136-13.149, or 13.160-
168 of this subpart, 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.

[[Page 241]]

    (b) The superintendent may revoke or modify any permit or lease 
issued pursuant to this subpart when the permittee violates a term of 
the permit or lease.



Sec.  13.114  Appeal procedures.

    The procedures set forth in Sec.  13.55(b) 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 Sec.  13.112(a).



Sec.  13.116  Permittee's interest.

    (a) 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.
    (b) 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.
    (c) The Superintendent shall determine the extent and nature of a 
permittee's possessory interest at the time a permit is issued or 
denied.



Sec.  13.118  Cabin site compatibility.

    The Superintendent shall establish permit conditions that require a 
permittee--
    (a) When constructing, maintaining or repairing a cabin or other 
structure authorized under this subpart, to use materials and methods 
that blend with and are compatible with the immediate and surrounding 
landscape; and
    (b) When terminating an activity that involves a structure 
authorized under this subpart, 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.



Sec.  13.120  Access.

    (a) A permittee under this subpart 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.
    (b) When issuing a permit under this subpart, the Superintendent 
shall provide for reasonable access which is appropriate and consistent 
with the values and purposes for which the park area was established.
    (c) 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 subpart.



Sec.  13.122  Abandonment.

    (a) An existing cabin or other structure not under valid lease or 
permit, and its contents, are abandoned:
    (1) When no permit application has been received for its use and 
occupancy before October 20, 1987, one year after the effective date of 
this subpart; or
    (2) 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.
    (b) 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.
    (c) The contents of a cabin or other structure are considered 
abandoned when the cabin or other structure is considered abandoned.
    (d) 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 under conditions established by the Superintendent until one 
year after the date of the permit's revocation.
    (e) The Superintendent shall dispose of abandoned property in 
accordance with Sec. Sec.  2.22 and 13.45 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.

[[Page 242]]



Sec.  13.124  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.



Sec.  13.126  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 subpart or as otherwise authorized by 
provisions of this chapter.



Sec.  13.130  New cabins and other structures otherwise authorized.

    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 section in this 
subpart.

       Cabin Use--Leases or Permits in Effect on December 2, 1980



Sec.  13.136  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 Sec. Sec.  13.146-13.149 of this subpart, on Federal lands 
in a park area, may continue the use authorized by that lease or permit, 
subject to the conditions in Sec. Sec.  13.138-13.142.



Sec.  13.138  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.



Sec.  13.140  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.



Sec.  13.142  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.

 Cabin Use--Cabin Not Under Valid Lease or Permit as of December 1, 1978



Sec.  13.144  Use and occupancy of a cabin prior to December 18, 1973.

    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.



Sec.  13.146  Use and occupancy of a cabin between December 18, 1973
and December 1, 1978.

    A cabin or other residential structure in existence prior to 
December 1, 1978, with occupancy commenced by a claimant between 
December 18, 1973

[[Page 243]]

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.



Sec.  13.148  Permit application.

    In order to obtain, renew or extend a permit, a claimant shall 
submit a written application. In the case of an application to renew or 
extend a permit issued pursuant to Sec. Sec.  13.144 or 13.146, 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 section 13.144, 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 section 
13.146, 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.



Sec.  13.149  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 Sec. Sec.  
13.144 or 13.146 is October 20, 1987. The Superintendent may extend this 
deadline for a reasonable period of time only when a permit applicant 
demonstrates that extraordinary circumstances prevented timely 
application.

               Cabin Use for Commercial Fishing Activities



Sec.  13.150  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.  13.40(c) of this chapter and the terms of a permit issued by 
the Superintendent.

                   Cabin Use for Subsistence Purposes



Sec.  13.160  Use of cabins for subsistence purposes.

    (a) 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 F through V 
of this part and the terms of a permit issued by the Superintendent. 
However, the

[[Page 244]]

Superintendent may designate existing cabins or other structures that 
may be shared by local rural residents for authorized subsistence uses 
without a permit.
    (b) For purposes of this section, the term ``local rural resident'', 
with respect to national parks, monuments, and preserve, is defined in 
Sec.  13.420 of this chapter.



Sec.  13.161  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 Sec.  13.160, 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) 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.



Sec.  13.162  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 subpart 
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.



Sec.  13.164  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.



Sec.  13.166  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

[[Page 245]]

these temporary structures and facilities which shall be published 
annually in accordance with Sec.  1.7 of this chapter.



Sec.  13.168  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.

                            Public Use Cabins



Sec.  13.170  General public use cabins.

    The Superintendent may designate a cabin or other structure located 
outside of designated wilderness areas and not otherwise under permit 
under this subpart (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.



Sec.  13.172  Management of public use cabins.

    The Superintendent may establish conditions and develop an 
allocation system in order to manage the use of designated public use 
cabins. The Superintendent shall mark all public use cabins with a sign 
and shall maintain a map showing their locations.



Sec.  13.176  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 subpart, and the following conditions:
    (a) 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 section, 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.
    (b) 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.
    (c) 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.

     Use of Temporary Facilities Related to Taking Fish and Wildlife



Sec.  13.182  Temporary facilities.

    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.



Sec.  13.184  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 section and Sec.  13.186, 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

[[Page 246]]

information may be provided orally except the diagram, sketch or 
photograph of the facility and the map.



Sec.  13.186  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.



Sec.  13.188  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 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.

Subpart D [Reserved]



                   Subpart E_Special Visitor Services



Sec.  13.300  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.  13.305  Definitions.

    The following definitions apply to this subpart:
    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.
    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

[[Page 247]]

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.
    Director means the Director of the National Park Service or an 
authorized representative.
    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.  13.310, 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.  
13.310.
    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.
    Local resident means:
    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 include, but are not limited to, the permanent address indicated on 
licenses issued by the State of Alaska, tax returns and voter 
registration.
    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.
    Native Corporation means the same as defined in section 102(6) of 
ANILCA.
    Preferred operator means a Native Corporation that is determined 
under Sec.  13.325 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.
    Responsive offer is one that is timely received and meets the terms 
and conditions of a solicitation for a visitor services authorization.
    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.  13.310  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

[[Page 248]]

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 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.



Sec.  13.315  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

[[Page 249]]

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 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.



Sec.  13.320  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.



Sec.  13.325  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

[[Page 250]]

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
    (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.



Sec.  13.330  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.  13.335  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

[[Page 251]]

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, DC 20013; 
and the Office of Management and Budget, Office of Information and 
Regulatory Affairs, Attention: Desk Officer for the Department of 
Interior (1024-0125), Washington, DC 20503.



                          Subpart F_Subsistence



Sec.  13.400  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 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) 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.

[71 FR 69333, Nov. 30, 2006, as amended at 80 FR 64344, Oct. 23, 2015]



Sec.  13.410  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 the applicable special regulations 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.  13.420  Definitions.

    The following definitions apply to this part:
    Animal parts. As used in this part, this term means nonedible 
antlers, horns, bones, teeth, claws, hooves, skins, hides, fur, hair, 
feathers, or quills that:
    (1) Are obtained from lawfully hunted or trapped fish or wildlife;
    (2) Have been shed or discarded as a result of natural life-cycle 
events; or
    (3) Remain on the landscape as a result of the natural mortality of 
fish or wildlife.
    Handicraft. As used in the part, this term has the same meaning as 
used in

[[Page 252]]

federal subsistence regulations (50 CFR part 100) except that:
    (1) The term also includes products made from plant materials; and
    (2) The term does not include a trophy or European mount of horns or 
antlers.
    Local rural resident. As used in this part with respect to national 
parks and monuments, the term ``local rural resident'' shall mean either 
of the following:
    (1) 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.
    (2) Any person authorized to engage in subsistence uses in a 
national park or monument by a subsistence permit issued pursuant to 
Sec.  13.440.
    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.  13.430 and listed for each national park or 
monument in the applicable special regulations of this part.
    Subsistence uses. As used in this part, this term means 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 handicraftsout 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 
pursuant to Title VIII of ANILCA. Harvest of migratory birds pursuant to 
the Migratory Bird Treaty Act (and implementing regulations at 50 CFR 
part 92) and marine mammals pursuant to the Marine Mammal Protection Act 
Act (and implmenting regulations at 50 CFR 18.23 and 18.26) by qualified 
individuals is a subsistence use in accordance with this subpart. For 
the purposes of this subpart, the terms--
    (1) ``Family'' means all persons related by blood, marriage, or 
adoption, or any person living within the household on a permanent 
basis; and
    (2) ``Barter'' means the exchange of handicrafts or fish or wildlife 
or their parts taken for subsistence uses--
    (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'' means the exchange of handicrafts or furs 
for cash to support personal or family needs; and does not include trade 
which constitutes a significant commercial enterprise.

[71 FR 69333, Nov. 30, 2006, as amended at 82 FR 3632, Jan. 12, 2017]



Sec.  13.430  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

[[Page 253]]

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.  13.440  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.  13.495 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) For purposes of this section, the term ``family'' shall mean all 
persons living within a rural resident's household on a permanent basis.

[71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008]



Sec.  13.450  Prohibition of aircraft use.

    (a) Notwithstanding the provisions 43 CFR 36.11(f) 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.
    (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 in this part.
    (iii) A community included as an ``exempted community'' in the 
special regulations 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.  13.495. 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

[[Page 254]]

other than the taking of fish and wildlife. Such activities include, but 
are not limited to, transporting supplies.



Sec.  13.460  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 therefore 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 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 43 CFR 36.11(c), (d), (e), and 
(g).



Sec.  13.470  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 Federal law and regulation, including the provisions of 
Sec. Sec.  2.3 and 13.40 of this chapter. Local rural residents in park 
areas where subsistence uses are allowed may fish with a net, seine, 
trap, or spear; or use native species as bait, where permitted by 
applicable Federal law and regulation.

[80 FR 64344, Oct. 23, 2015]



Sec.  13.480  Subsistence hunting and trapping.

    (a) Local rural residents may hunt and trap wildlife for subsistence 
uses in park areas where subsistence uses are allowed in compliance with 
this chapter and 50 CFR part 100.
    (b)(1) The following types of bait may be used to take bears for 
subsistence uses:
    (i) Parts of legally taken native fish or wildlife that are not 
required to be salvaged; or
    (ii) Remains of native fish or wildlife that died of natural causes.

[[Page 255]]

    (2) The use of any other type of bait to take bears for subsistence 
uses is prohibited except under the terms and conditions of a permit 
issued under paragraph (d) of Sec.  13.1902.

[80 FR 64344, Oct. 23, 2015, as amended at 82 FR 3633, Jan. 12, 2017]



Sec.  13.482  Subsistence collection and use of animal parts.

    (a) Local rural residents may collect animal parts (excluding parts 
of threatened or endangered species) for subsistence uses in park areas 
where subsistence uses are authorized, provided that:
    (1) The resident's primary permanent residence is in an area or 
community with a federally recognized customary and traditional use 
determination for the species in the game management unit where the 
collecting occurs (50 CFR part 100); and
    (2) The resident has written authorization from the superintendent 
issued under Sec.  1.6 of this chapter that identifies specific areas 
where this activity is allowed.
    (3)(i) If you are a NPS-qualified subsistence user (recipient), you 
may designate another NPS-qualified subsistence user to collect animal 
parts on your behalf in accordance with this section for the following 
purposes:
    (A) Making handicrafts for personal use, customary trade, or barter; 
or
    (B) Making handicrafts for qualified educational or cultural 
programs.
    (ii) The designated collector must obtain a permit from the 
superintendent. The designated collector may not charge the recipient 
for his/her services or for the collected items.
    (4) The use of paid employees to collect animal parts is prohibited. 
This prohibition does not apply to qualified educational or cultural 
programs that collect animal parts to create handicrafts, provided that 
the resulting handicrafts are not exchanged through barter or customary 
trade.
    (b) The superintendent may establish conditions, limits, and other 
restrictions on collection activities. Areas open to collections will be 
identified on a map posted on the park Web site and available at the 
park visitor center or park headquarters. Violating a condition, limit, 
or restriction is prohibited.

[82 FR 3633, Jan. 12, 2017]



Sec.  13.485  Subsistence use of timber and plant material.

    (a) Notwithstanding any other provision of this part, the non-
commercial cutting of 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 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; 
and
    (2) For standing timber of diameter less than three inches at ground 
height, cutting is authorized unless restricted by the Superintendent.
    (b) The gathering by local rural residents of fruits, berries, 
mushrooms, and other plant materials for subsistence uses, and the 
gathering of dead or downed timber for firewood for noncommercial 
subsistence uses, shall be allowed without a permit in park areas where 
subsistence uses are allowed.
    (c) The gathering by local rural residents of plant materials to 
make handicrafts for customary trade or barter is authorized in park 
areas where subsistence uses are allowed in accordance with terms and 
conditions established by the superintendent and posted on the park Web 
site. The use of paid employees to collect plant materials is 
prohibited. This prohibition does not apply to qualified educational or 
cultural programs that collect plant materials to create handicrafts, 
provided that the resulting handicrafts are not exchanged through barter 
or customary trade.
    (d)(1) If you are a NPS-qualified subsistence (recipient), you may 
designate another NPS-qualified subsistence user to collect plants on 
your behalf in accordance with this section for the following purposes:
    (i) Making handicrafts for personal use, customary trade, or barter; 
or

[[Page 256]]

    (ii) Making handicrafts for qualified educational or cultural 
programs.
    (2) The designated collector must obtain a permit from the 
superintendent. The designated collector may not charge the recipient 
for his/her services or for the collected items.
    (e) The superintendent may establish conditions, limits, and other 
restrictions on gathering activities. Violating a condition, limit, or 
restriction is prohibited.
    (f) Notwithstanding 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. The Superintendent may make a closure under this paragraph 
only if necessary for reasons of public safety, administration, resource 
protection, protection of historic or scientific values, conservation of 
endangered or threatened species, or the purposes for which the park 
area was established, or to ensure the continued viability of the plant 
population. For purposes of this section, the term ``temporarily'' shall 
mean only so long as reasonably necessary to achieve the purposes of the 
closure.
    (1) 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 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.
    (2) 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.

[71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008; 82 
FR 3633, Jan. 12, 2017]



Sec.  13.490  Closure to subsistence uses of fish and wildlife.

    (a) The Superintendent may temporarily restrict a subsistence 
activity or close all or part of a park area to subsistence uses of a 
fish or wildlife population after consultation with the State and the 
Federal Subsistence Board in accordance with the provisions of this 
section. The Superintendent may make a temporary closure or restriction 
notwithstanding any other provision of this part, and only if the 
following conditions are met:
    (1) The restriction or closure must be necessary for reasons of 
public safety, administration, or to ensure the continued viability of 
the fish or wildlife population;
    (2) Except in emergencies, the Superintendent must provide public 
notice and hold a public hearing near the affected NPS unit;
    (3) The restriction or closure may last 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

[[Page 257]]

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.

[71 FR 69333, Nov. 30, 2006, as amended at 80 FR 64344, Oct. 23, 2015]



Sec.  13.495  Application procedures for subsistence permits and 
aircraft exceptions.

    (a) Any person applying for the subsistence permit required by Sec.  
13.440(a), or the exception to the prohibition on aircraft use provided 
by Sec.  13.450(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 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 additional statements or documentation which 
demonstrates that the applicant satisfies the criteria set forth in 
Sec.  13.440(a) for a subsistence permit or Sec.  13.450(b)(2) for the 
aircraft exception, as appropriate. Except in extraordinary cases for 
good cause shown, the Superintendent shall 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 G [Reserved]



            Subpart H_Special Regulations_Alagnak Wild River



Sec.  13.550  Wildlife distance conditions.

    (a) Approaching a bear or any large mammal within 50 yards is 
prohibited.
    (b) Continuing to occupy a position within 50 yards of a bear that 
is using a concentrated food source, including, but not limited to, 
animal carcasses,

[[Page 258]]

spawning salmon, and other feeding areas is prohibited.
    (c) Continuing to engage in fishing within 50 yards of a bear is 
prohibited.
    (d) The prohibitions in this section do not apply to persons--
    (1) Engaged in a legal hunt;
    (2) On a designated bear viewing structure;
    (3) In compliance with a written protocol approved by the 
Superintendent; or
    (4) Who are otherwise directed by a park employee.

[73 FR 3185, Jan. 17, 2008]



 Subpart I_Special Regulations_Aniakchak National Monument and Preserve



Sec.  13.602  Subsistence resident zone.

    The following communities and areas are included within the resident 
zone for Aniakchak National Monument: Chignik, Chignik Lagoon, Chignik 
Lake, Meshik, and Port Heiden.



Sec.  13.604  Wildlife distance conditions.

    (a) Approaching a bear or any large mammal within 50 yards is 
prohibited.
    (b) Continuing to occupy a position within 50 yards of a bear that 
is using a concentrated food source, including, but not limited to, 
animal carcasses, spawning salmon, and other feeding areas is 
prohibited.
    (c) Continuing to engage in fishing within 50 yards of a bear is 
prohibited.
    (d) The prohibitions do not apply to persons--
    (1) Engaged in a legal hunt;
    (2) On a designated bear viewing structure;
    (3) In compliance with a written protocol approved by the 
Superintendent; or
    (4) Who are otherwise directed by a park employee.

[71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3186, Jan. 17, 2008]



   Subpart J_Special Regulations_Bering Land Bridge National Preserve



Sec.  13.702  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.



    Subpart K_Special Regulations_Cape Krusenstern National Monument



Sec.  13.802  Subsistence resident zone.

    The following area is included within the resident zone for Cape 
Krusenstern National Monument: The NANA Region.



     Subpart L_Special Regulations_Denali National Park and Preserve

                           General Provisions



Sec.  13.902  Subsistence resident zone.

    The following communities and areas are included within the resident 
zone for Denali National Park addition: Cantwell (limited to the area 
within a 3-mile radius of the Cantwell post office as shown on a map 
available at the park visitor center), Minchumina, Nikolai, and Telida.

[73 FR 67393, Nov. 14, 2008]



Sec.  13.903  Subsistence use of off-road vehicles.

    Operating a motor vehicle off road is prohibited except by 
authorized residents as defined in this section when engaged in 
subsistence uses. For purposes of this section, ``authorized residents'' 
means residents of the Cantwell resident zone community as defined by 
this subpart or those residents of Alaska Game Management Unit 13E 
holding a permit issued under Sec.  13.440 of this part. Operating a 
motor vehicle off road for subsistence purposes outside any trail or 
area designated by this section is prohibited. A map and GPS coordinates 
of designated trails and areas are available on the park website and at 
the park visitor center.

[[Page 259]]

    (a) Authorized residents may operate vehicles off road only in the 
following designated areas and trails:
    (1) The Windy Creek Trail;
    (2) The Cantwell Airstrip Trail;
    (3) The Pyramid Trail;
    (4) The Cantwell Creek Floodplain Trail/Corridor; and
    (5) A trail or area along the Bull River Floodplain designated by 
the superintendent under paragraph (b) of this section.
    (b) The superintendent may designate a trail or area along the Bull 
River Floodplain Corridor for motor vehicle use by authorized residents 
if the superintendent determines that the following conditions are met:
    (1) Access across adjacent non-NPS lands has been secured;
    (2) An NPS-approved trail has been constructed on NPS lands; and
    (3) Off-road vehicle use continues to be necessary for reasonable 
access to the Bull River for subsistence resources by authorized 
residents.
    (c) All of the following are prohibited:
    (1) Motor vehicles greater than 5.5 feet wide;
    (2) Motor vehicles exceeding 1,000 pounds curb (unloaded) weight;
    (3) Motor vehicles that steer by locking or skidding a wheel or 
track; and
    (4) Operating a motor vehicle in violation of Sec.  13.460(d) of 
this part.
    (d) The superintendent may restrict or prohibit motor vehicle use 
authorized by this section in accordance with Sec.  13.460(b) of this 
part. The Superintendent will notify the public of the proposed 
restriction or closure by issuing a press release, posting at local post 
offices, posting on the park website, posting signs at designated trails 
or areas if appropriate, use of electronic media, and via other 
appropriate means.

[73 FR 67393, Nov. 14, 2008]



Sec.  13.904  Camping.

    Camping without a permit in designated areas in the former Mount 
McKinley National Park or the Kantishna area is prohibited. A map 
showing areas where a permit is required for camping is available at the 
park visitor center and on the park website. Violating terms and 
conditions of the permit is prohibited.

[73 FR 67393, Nov. 14, 2008]



Sec.  13.905  Group size.

    (a) The following are prohibited:
    (1) Group sizes exceeding 12 individuals on the east side of the 
park outside the Frontcountry Developed Area as defined by this subpart.
    (2) Group sizes exceeding 6 individuals on the west side of the park 
outside the Frontcountry Developed Area as defined by this subpart.
    (b) A map showing the east and west boundaries is available at the 
park visitor center.
    (c) The superintendent may authorize larger groups on a case-by-case 
basis.

[73 FR 67393, Nov. 14, 2008]



Sec.  13.906  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.



Sec.  13.908  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.



Sec.  13.910  Mountain climbing.

    (a) Climbing Mount McKinley or Mount Foraker without a permit is 
prohibited. The superintendent will establish procedures for applying 
for a permit. The superintendent may authorize a maximum of 1500 
climbers on Mount McKinley from April 1 through August 1 each calendar 
year.
    (b) Violating terms and conditions of the permit is prohibited.

[73 FR 67393, Nov. 14, 2008]



Sec.  13.912  Kantishna area summer season firearm safety zone.

    What is prohibited? No one may fire a gun during the summer season 
in or

[[Page 260]]

across the Kantishna area firearm safety zone, unless they are defending 
life or property.
    (a) The summer season begins on the Saturday of Memorial Day weekend 
and continues through the second Thursday following Labor Day or 
September 15, whichever comes first.
    (b) The Kantishna Area firearm safety zone includes: The Kantishna 
Airstrip; the State Omnibus Act Road right-of-way; and all public lands 
located within one mile of the Kantishna Airstrip or the State Omnibus 
Act Road right-of-way, from the former Mt. McKinley National Park 
boundary at mile 87.9 to the south end of the Kantishna Airstrip.



Sec.  13.914  Bicycle use.

    The use of a bicycle is prohibited--
    (a) On the Savage River Loop Trail; the Savage Cabin Trail; the 
Triple Lakes Trail; the McKinley Bar Trail; and the Eielson Area Trails; 
and
    (b) Within the Frontcountry Developed Area as defined by Sec.  
13.970 except on park roads, road shoulders, and in public parking 
areas, or on trails and areas designated for bicycle use by the 
Superintendent. A map of the designated trails and areas open to bicycle 
use is available for inspection at the park visitor center and on the 
park Web site.



Sec.  13.916  Use of roller skates, skateboards, roller skis, in-line skates, 
and similar devices.

    The use of roller skates, skateboards, roller skis, in-line skates, 
and similar devices is prohibited--
    (a) On the Savage River Loop Trail; the Savage Cabin Trail; the 
Triple Lakes Trail; the McKinley Bar Trail; and the Eielson Area Trails; 
and
    (b) Within the Frontcountry Developed Area as defined by Sec.  
13.970 except on trails and areas designated by the Superintendent. A 
map of the designated trails and areas is available for inspection at 
the park visitor center and on the park Web site.



Sec.  13.918  Sable Pass Wildlife Viewing Area.

    (a) Entry into the Sable Pass Wildlife Viewing Area is prohibited 
from May 1 to September 30 unless authorized by the Superintendent.
    (b) The Sable Pass Wildlife Viewing Area means the area within one 
mile of the shoulder of the Park Road between Mile 38.2 and Mile 42.8, 
excluding the Tattler Creek drainage. A map showing the specific 
boundaries of the closure is available for inspection at the park 
visitor center.

[73 FR 3186, Jan. 17, 2008]



Sec.  13.920  Wildlife distance conditions.

    (a) Bears. The following are prohibited:
    (1) Approaching within 300 yards of a bear; or
    (2) Engaging in photography within 300 yards of a bear.
    (b) Other wildlife. The following are prohibited:
    (1) Approaching within 25 yards of a moose, caribou, Dall sheep, 
wolf, an active raptor nest, or occupied den site; or
    (2) Engaging in photography within 25 yards of a moose, caribou, 
Dall sheep, wolf, an active raptor nest, or occupied den site.
    (c) Prohibitions. The prohibitions in this section do not apply to 
persons--
    (1) Within a motor vehicle or a hard sided building;
    (2) Within 2 yards of their motor vehicle or entrance to a hard 
sided building that is 25 yards or more from a bear;
    (3) Engaged in legal hunting or trapping activities;
    (4) In compliance with a written protocol approved by the 
Superintendent;
    (5) Who are otherwise directed by a park employee; or
    (6) In accordance with a permit from the Superintendent.

[73 FR 3186, Jan. 17, 2008]

                          Motor Vehicle Permits



Sec.  13.930  Do I need a permit to operate a motor vehicle on the 
Denali Park road west of the Savage River?

    Yes, you must obtain a permit from the superintendent to operate a 
motor vehicle on the restricted section of the

[[Page 261]]

Denali Park road. The restricted section begins at the west end of the 
Savage River Bridge (mile 14.8) and continues to the former Mt. McKinley 
National Park boundary north of Wonder Lake (mile 87.9).



Sec.  13.932  How many permits will be issued each summer?

    The superintendent is authorized, under this subpart, to issue no 
more than 10,512 motor vehicle permits each year for access to the 
restricted section of the road. The superintendent will issue the 
permits for the period that begins on the Saturday of Memorial Day 
weekend and continues through the second Thursday following Labor Day or 
September 15, whichever comes first. Each permit allows one vehicle one 
entry onto the restricted portion of the Park road.



Sec.  13.934  How will the superintendent manage the permit program?

    (a) The superintendent will apportion motor vehicle permits among 
authorized users following the procedures in Sec.  13.55. Authorized 
users are individuals, groups and governmental entities who are allowed 
by law or policy to use the restricted section of the road.
    (b) The superintendent will establish an annual date to evaluate 
permit requests and publish that date, along with the results of the 
annual apportionment, in the superintendent's compendium of rules and 
orders. The superintendent's compendium is available to the public upon 
request.
    (c) The superintendent will reevaluate the access requirements of 
any business that is sold, ceases to operate or that significantly 
changes the services currently offered to the public.



Sec.  13.936  What is prohibited?

    (a) No one may operate a motor vehicle on the restricted section of 
the Park road without a valid permit.
    (b) No one may use a motor home, camper or trailer to transport 
guests to a lodge or other business in Kantishna.
    (c) No one may transfer or accept transfer of a Denali Park road 
permit without the superintendent's approval.

                   Snowmachine (Snowmobile) Operations



Sec.  13.950  What is the definition of a traditional activity for which 
Section 1110(a) of ANILCA permits snowmachines to be used in the former 
Mt. McKinley National Park (Old Park) portion of Denali National 
Park and Preserve?

    A traditional activity is an activity that generally and lawfully 
occurred in the Old Park contemporaneously with the enactment of ANILCA, 
and that was associated with the Old Park, or a discrete portion 
thereof, involving the consumptive use of one or more natural resources 
of the Old Park such as hunting, trapping, fishing, berry picking or 
similar activities. Recreational use of snowmachines was not a 
traditional activity. If a traditional activity generally occurred only 
in a particular area of the Old Park, it would be considered a 
traditional activity only in the area where it had previously occurred. 
In addition, a traditional activity must be a legally permissible 
activity in the Old Park.



Sec.  13.952  May a snowmachine be used in that portion of the park 
formerly known as Mt. McKinley National Park (Old Park)?

    No, based on the application of the definition of traditional 
activities within the park to the factual history of the Old Park, there 
are no traditional activities that occurred during periods of adequate 
snow cover within the Old Park; and, thus, Section 1110(a) of ANILCA 
does not authorize snowmachine access. Hunting and trapping were not and 
are not legally permitted activities in the Old Park at any time of the 
year. Sport fishing has not