Title 36—Parks, Forests, and Public Property

(This book contains parts 1 to 199)

Part

CHAPTER I—National Park Service, Department of the Inte- rior ...... 1

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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 ...... 47 6 Solid waste disposal sites in units of the National Park System ...... 51 7 Special regulations, areas of the National Park System ...... 59 8 Labor standards applicable to employees of Na- tional 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 3

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Part Page 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 In- ternal 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]

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§ 1.4 What terms do I need to know? or denoted by presidential proclama- (a) The following definitions shall tion, or recorded in the records of a apply to this chapter, unless modified state or political subdivision in accord- by the definitions for a specific part or ance with applicable law, or published regulation: pursuant to law, or otherwise published Abandonment means the voluntary re- or posted by the National Park Serv- linquishment of property with no in- ice. tent to retain possession. Camping means the erecting of a tent Administrative activities means those or shelter of natural or synthetic mate- activities conducted under the author- rial, preparing a sleeping bag or other ity of the National Park Service for bedding material for use, parking of a the purpose of safeguarding persons or motor vehicle, motor home or trailer, property, implementing management or mooring of a vessel for the apparent plans and policies developed in accord- purpose of overnight occupancy. ance and consistent with the regula- Carry means to wear, bear, or have on tions in this chapter, or repairing or or about the person. maintaining government facilities. Controlled substance means a drug or Airboat means a vessel that is sup- other substance, or immediate pre- ported by the buoyancy of its hull and cursor, included in schedules I, II, III, powered by a propeller or fan above the IV, or V of part B of the Controlled waterline. This definition should not be Substance Act (21 U.S.C. 812) or a drug construed to mean a ‘‘hovercraft,’’ that or substance added to these schedules is supported by a fan-generated air pursuant to the terms of the Act. cushion. Cultural resource means material re- Aircraft means a device that is used mains of past human life or activities or intended to be used for human flight that are of significant cultural interest in the air, including powerless flight. and are less than 50 years of age. This Archeological resource means material term includes, but shall not be limited remains of past human life or activi- to, objects made or used by humans, ties that are of archeological interest such as pottery, basketry, bottles, and are at least 50 years of age. This weapons, weapon projectiles, tools, term includes, but shall not be limited structures or portions of structures, or to, objects made or used by humans, any portion or piece of the foregoing such as pottery, basketry, bottles, items, and the physical site, location, weapons, weapon projectiles, tools, or context in which they are found, or structures or portions of structures, pit human skeletal materials or graves. houses, rock paintings, rock carvings, Developed area means roads, parking intaglios, or any portion or piece of the areas, picnic areas, campgrounds, or foregoing items, and the physical site, other structures, facilities or lands lo- location or context in which they are cated within development and historic found, or human skeletal materials or zones depicted on the park area land graves. management and use map. Authorized emergency vehicle means a Director means the Director of the vehicle in official use for emergency National Park Service. purposes by a Federal agency or an Dive flag means a flag not less than 12 emergency vehicle as defined by State inches square, red in color, with a law. white stripe running diagonally from Authorized person means an employee the top of the staff to the opposite or agent of the National Park Service lower corner. The white stripe shall be with delegated authority to enforce the one-fifth the width of the flag. provisions of this chapter. Downed aircraft means an aircraft Bicycle means every device propelled that cannot become airborne as a re- solely by human power upon which a sult of mechanical failure, fire, or acci- person or persons may ride on land, dent. having one, two, or more wheels, ex- Firearm means a loaded or unloaded cept a manual wheelchair. pistol, rifle, shotgun or other weapon Boundary means the limits of lands which is designed to, or may be readily or waters administered by the National converted to, expel a projectile by the Park Service as specified by Congress, ignition of a propellant.

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Fish means any member of the sub- net used to retrieve fish taken by hook classes Agnatha, Chondrichthyes, or and line. Osteichthyes, or any mollusk or crusta- Nondeveloped area means all lands cean found in salt water. and waters within park areas other Fishing means taking or attempting than developed areas. to take fish. Operator means a person who oper- Flat wake speed means the minimum ates, drives, controls, otherwise has required speed to leave a flat wave discharge of or is in actual physical con- turbance close astern a moving vessel trol of a mechanical mode of transpor- yet maintain steerageway, but in no tation or any other mechanical equip- case in excess of 5 statute miles per ment. hour. Other Federal reservations in the envi- Harbor means a natural or artificially rons of the District of Columbia means improved body of water providing pro- Federal areas, which are not under the tection for vessels, which may include administrative jurisdiction of the Na- anchorage, mooring or docking facili- tional Park Service, located in Arling- ties. ton, Fairfax, Loudoun, Prince William, Hunting means taking or attempting and Stafford Counties and the City of to take wildlife, except trapping. Alexandria in Virginia and Prince Georges, Charles, Anne Arundel, and Legislative jurisdiction means lands Montgomery Counties in Maryland, ex- and waters under the exclusive or conclusive of military reservations, unless current jurisdiction of the United the policing of military reservations by States. the U.S. Park Police is specifically re- Manned submersible means any vessel quested by the Secretary of Defense or that carries or is capable of carrying a designee thereof. passenger(s) within the confines of the Pack animal means horses, burros, vessel below the surface of the water. mules or other hoofed mammals when Manual wheelchair means a device designated as pack animals by the su- that is propelled by human power, de- perintendent. signed for and used by a mobility-im- Park area. See the definition for Na- paired person. tional Park System in this section. Motorcycle means every motor vehi- Park road means the main-traveled cle having a seat for the use of the surface of a roadway open to motor ve- rider and designed to travel on not hicles, owned, controlled or otherwise more that three wheels in contact with administered by the National Park the ground, but excluding a tractor. Service. Motorized wheelchair means a self-pro- Permit means a written authorization pelled wheeled device, designed solely to engage in uses or activities that are for and used by a mobility-impaired otherwise prohibited, restricted, or reg- person for locomotion, that is both ca- ulated. pable of and suitable for use in indoor Person means an individual, firm, pedestrian areas. corporation, society, association, part- Motor vehicle means every vehicle nership, or private or public body. that is self-propelled and every vehicle Personal watercraft refers to a vessel, that is propelled by electric power, but usually less than 16 feet in length, not operated on rails or upon water, ex- which uses an inboard, internal com- cept a snowmobile and a motorized bustion engine powering a water jet wheelchair. pump as its primary source of propul- National Park System (Park area) sion. The vessel is intended to be oper- means any area of land and water now ated by a person or persons sitting, or hereafter administered by the Sec- standing or kneeling on the vessel, retary of the Interior through the Na- rather than within the confines of the tional Park Service for park, monu- hull. The length is measured from end ment, historic, parkway, recreational, to end over the deck excluding sheer, or other purposes. meaning a straight line measurement Net means a seine, weir, net wire, fish of the overall length from the foremost trap, or other implement designed to part of the vessel to the aftermost part entrap fish, except a hand-held landing of the vessel, measured parallel to the

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centerline. Bow sprits, bumpkins, rud- Snowmobile means a self-propelled ve- ders, outboard motor brackets, and hicle intended for travel primarily on similar fittings or attachments, are snow, having a curb weight of not more not included in the measurement. than 1000 pounds (450 kg), driven by a Length is stated in feet and inches. track or tracks in contact with the Pet means a dog, cat or any animal snow, and steered by ski or skis in con- that has been domesticated. tact with the snow. Possession means exercising direct State means a State, territory, or physical control or dominion, with or possession of the United States. without ownership, over property, or State law means the applicable and archeological, cultural or natural re- nonconflicting laws, statutes, regula- sources. tions, ordinances, infractions and codes Power-driven vessel means any vessel of the State(s) and political subdivi- propelled by machinery. sion(s) within whose exterior bound- Practitioner means a physician, den- aries a park area or a portion thereof is tist, veterinarian, scientific investi- located. gator, pharmacy, hospital or other per- Superintendent means the official in son licensed, registered or otherwise charge of a park area or an authorized permitted by the United States or the representative thereof. jurisdiction in which such person prac- Take or taking means to pursue, hunt, tices to distribute or possess a con- harass, harm, shoot, trap, net, capture, trolled substance in the course of pro- collect, kill, wound, or attempt to do fessional practice. any of the above. Public use limit means the number of Traffic means pedestrians, ridden or persons; number and type of animals; herded animals, vehicles, and other amount, size and type of equipment, conveyances, either singly or together vessels, mechanical modes of convey- while using any road, trail, street or ance, or food/beverage containers al- other thoroughfare for purpose of trav- lowed to enter, be brought into, remain el. in, or be used within a designated geographic area or facility; or the length Traffic control device means a sign, of time a designated geographic area or signal, marking or other device placed facility may be occupied. or erected by, or with the concurrence of, the Superintendent for the purpose Refuse means trash, garbage, rubbish, waste papers, bottles or cans, debris, of regulating, warning, guiding or oth- litter, oil, solvents, liquid waste, or erwise controlling traffic or regulating other discarded materials. the parking of vehicles. Regional Director means the official in Trap means a snare, trap, mesh, wire charge of a geographic area of the Na- or other implement, object or mechan- tional Park Service. ical device designed to entrap or kill Sailing vessel means any vessel under animals other than fish. sail provided, if propelling machinery Trapping means taking or attempting is fitted, it is not being used. to take wildlife with a trap. Secretary means the Secretary of the Underwater diving means the use of Interior. any apparatus, whether self contained Services means, but is not limited to, or connected to a distant source of air meals and lodging, labor, professional or other gas, whereby a person wholly services, transportation, admission to or partially submerged in water, can exhibits, use of telephone or other util- obtain or reuse air or any other gas or ities, or any act for which payment is gasses for breathing without returning customarily received. to the surface of the water. Underwater Sewage means human body waste or diving would include, but is not be lim- the waste from a toilet or other recep- ited to use of SCUBA, surface supplied tacle intended to receive or retain body air, mixed gas, or re-breathers. waste. Underway means when a vessel is not Smoking means the carrying of light- at anchor, moored, made fast to the ed cigarettes, cigars or pipes, or the in- shore or docking facility, or aground. tentional and direct inhalation of Unloaded, as applied to weapons and smoke from these objects. firearms, means that: (1) There is no

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unexpended shell, cartridge, or projec- Navigational Rules Act of 1980, shall tile in any chamber or cylinder of a apply for boating and water activities. firearm or in a clip or magazine in- [48 FR 30275, June 30, 1983, as amended at 49 serted in or attached to a firearm; FR 18449, Apr. 30, 1984; 51 FR 37011, Oct. 17, (2) A muzzle-loading weapon does not 1986; 52 FR 10683, Apr. 2, 1987; 60 FR 55790, contain gun powder in the pan, or the Nov. 3, 1995; 61 FR 35136, July 5, 1996; 62 FR percussion cap is not in place; and 30234, June 3, 1997; 65 FR 15089, Mar. 21, 2000; (3) Bows, crossbows, spear guns or 72 FR 13702, Mar. 23, 2007] any implement capable of discharging a missile or similar device by means of § 1.5 Closures and public use limits. a loading or discharging mechanism, (a) Consistent with applicable legis- when that loading or discharging lation and Federal administrative poli- mechanism is not charged or drawn. cies, and based upon a determination Un-manned submersible means any de- that such action is necessary for the vice operated by remote control, used maintenance of public health and safe- or capable of being used, to search or ty, protection of environmental or sce- collect below the surface of the water. nic values, protection of natural or cul- This definition does not apply to a de- tural resources, aid to scientific re- vice being used lawfully for fishing. search, implementation of manage- Vehicle means every device in, upon, ment responsibilities, equitable alloca- or by which a person or property is or tion and use of facilities, or the avoid- may be transported or drawn on land, ance of conflict among visitor use ac- except snowmobiles and devices moved tivities, the superintendent may: by human power or used exclusively (1) Establish, for all or a portion of a upon stationary rails or track. park area, a reasonable schedule of vis- Vessel means every description of iting hours, impose public use limits, watercraft, or other artificial contriv- or close all or a portion of a park area ance used, or capable of being used, as to all public use or to a specific use or a means of transportation on the activity. water. This definition does not apply to (2) Designate areas for a specific use a seaplane on the water. or activity, or impose conditions or re- Weapon means a firearm, compressed strictions on a use or activity. gas or spring-powered pistol or rifle, (3) Terminate a restriction, limit, bow and arrow, crossbow, blowgun, closure, designation, condition, or vis- speargun, hand-thrown spear, sling- iting hour restriction imposed under shot, irritant gas device, explosive de- paragraph (a)(1) or (2) of this section. vice, or any other implement designed (b) Except in emergency situations, a to discharge missiles, and includes a closure, designation, use or activity re- weapon the possession of which is pro- striction or condition, or the termi- hibited under the laws of the State in nation or relaxation of such, which is which the park area or portion thereof of a nature, magnitude and duration is located. that will result in a significant alter- Wildlife means any member of the ation in the public use pattern of the animal kingdom and includes a part, park area, adversely affect the park’s product, egg or offspring thereof, or the natural, aesthetic, scenic or cultural dead body or part thereof, except fish. values, require a long-term or signifi- (b) In addition to the definitions in cant modification in the resource man- paragraph (a), for the purpose of the agement objectives of the unit, or is of regulations contained in parts 3 and 7 a highly controversial nature, shall be of this chapter, the definitions per- published as rulemaking in the FED- taining to navigation, navigable waters ERAL REGISTER. and shipping enumerated in title 14 (c) Except in emergency situations, United States Code, title 33 Code of prior to implementing or terminating a Federal Regulations, title 46 Code of restriction, condition, public use limit Federal Regulations, title 49 Code of or closure, the superintendent shall Federal Regulations, the Federal Boat- prepare a written determination justi- ing Safety Act of 1971, and the Inland fying the action. That determination

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shall set forth the reason(s) the restric- (c) The public will be informed of the tion, condition, public use limit or clo- existence of a permit requirement in sure authorized by paragraph (a) has accordance with § 1.7 of this chapter. been established, and an explanation of (d) Unless otherwise provided for by why less restrictive measures will not the regulations in this chapter, the su- suffice, or in the case of a termination perintendent shall deny a permit that of a restriction, condition, public use has been properly applied for only upon limit or closure previously established a determination that the designated under paragraph (a), a determination capacity for an area or facility would as to why the restriction is no longer be exceeded; or that one or more of the necessary and a finding that the termi- factors set forth in paragraph (a) of nation will not adversely impact park this section would be adversely im- resources. This determination shall be pacted. The basis for denial shall be available to the public upon request. provided to the applicant upon request. (d) To implement a public use limit, (e) The superintendent shall include the superintendent may establish a in a permit the terms and conditions permit, registration, or reservation that the superintendent deems nec- system. Permits shall be issued in ac- essary to protect park resources or cordance with the criteria and proce- public safety and may also include dures of § 1.6 of this chapter. terms or conditions established pursuant to the authority of any other sec- (e) Except in emergency situations, tion of this chapter. the public will be informed of closures, (f) A compilation of those activities designations, and use or activity re- requiring a permit shall be maintained strictions or conditions, visiting hours, by the superintendent and available to public use limits, public use limit pro- the public upon request. cedures, and the termination or relax- (g) The following are prohibited: ation of such, in accordance with § 1.7 (1) Engaging in an activity subject to of this chapter. a permit requirement imposed pursu- (f) Violating a closure, designation, ant to this section without obtaining a use or activity restriction or condition, permit; or schedule of visiting hours, or public use (2) Violating a term or condition of a limit is prohibited. permit issued pursuant to this section. [48 FR 30275, June 30, 1983, as amended at 51 (h) Violating a term or condition of a FR 29470, Aug. 18, 1986] permit issued pursuant to this section may also result in the suspension or § 1.6 Permits. revocation of the permit by the super- (a) When authorized by regulations intendent. set forth in this chapter, the super- [48 FR 30275, June 30, 1983, as amended at 51 intendent may issue a permit to au- FR 29470, Aug. 18, 1986] thorize an otherwise prohibited or restricted activity or impose a public use § 1.7 Public notice. limit. The activity authorized by a per- (a) Whenever the authority of § 1.5(a) mit shall be consistent with applicable is invoked to restrict or control a pub- legislation, Federal regulations and ad- lic use or activity, to relax or revoke ministrative policies, and based upon a an existing restriction or control, to determination that public health and designate all or a portion of a park safety, environmental or scenic values, area as open or closed, or to require a natural or cultural resources, scientific permit to implement a public use research, implementation of manage- limit, the public shall be notified by ment responsibilities, proper allocation one or more of the following methods: and use of facilities, or the avoidance (1) Signs posted at conspicuous loca- of conflict among visitor use activities tions, such as normal points of entry will not be adversely impacted. and reasonable intervals along the (b) Except as otherwise provided, ap- boundary of the affected park locale. plication for a permit shall be sub- (2) Maps available in the office of the mitted to the superintendent during superintendent and other places con- normal business hours. venient to the public.

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(3) Publication in a newspaper of gen- lected to provide superintendents data eral circulation in the affected area. necessary to issue permits for special (4) Other appropriate methods, such uses of park areas and to obtain notifi- as the removal of closure signs, use of cation of accidents that occur within electronic media, park brochures, maps park areas. This information will be and handouts. used to grant administrative benefits (b) In addition to the above-described and to facilitate prompt emergency re- notification procedures, the super- sponse to accidents. In §§ 2.33, 3.4 and intendent shall compile in writing all 4.4, the obligation to respond is manda- the designations, closures, permit re- tory; in all other sections the obliga- quirements and other restrictions im- tion to respond is required in order to posed under discretionary authority. obtain a benefit. This compilation shall be updated annually and made available to the pub- [52 FR 10683, Apr. 2, 1987] lic upon request. § 1.10 Symbolic signs. § 1.8 Information collection. (a) The signs pictured below provide The information collection require- general information and regulatory ments contained in §§ 1.5, 2.4, 2.5, 2.10 guidance in park areas. Certain of the 2.12, 2.17, 2.33, 2.38, 2.50, 2.51, 2.52, 2.60, signs designate activities that are ei- 2.61, 2.62, 3.3, 3.4, 4.4 and 4.11 have been ther allowed or prohibited. Activities approved by the Office of Management symbolized by a sign bearing a slash and Budget under 44 U.S.C. 3501 et seq., mark are prohibited. and assigned clearance number 1024– (b) The use of other types of signs not 0026. This information is being col- herein depicted is not precluded.

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

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PART 2—RESOURCE PROTECTION, (iii) Nonfossilized and fossilized pale- PUBLIC USE AND RECREATION ontological specimens, cultural or archeological resources, or the parts Sec. thereof. 2.1 Preservation of natural, cultural and ar- (iv) A mineral resource or cave for- cheological resources. mation or the parts thereof. 2.2 Wildlife protection. (2) Introducing wildlife, fish or 2.3 Fishing. plants, including their reproductive 2.4 Weapons, traps and nets. bodies, into a park area ecosystem. 2.5 Research specimens. (3) Tossing, throwing or rolling rocks 2.6 Gathering of plants or plant parts by federally recognized Indian tribes. or other items inside caves or caverns, 2.10 Camping and food storage. into valleys, canyons, or caverns, down 2.11 Picnicking. hillsides or mountainsides, or into 2.12 Audio disturbances. thermal features. 2.13 Fires. (4) Using or possessing wood gathered 2.14 Sanitation and refuse. from within the park area: Provided, 2.15 Pets. however, That the superintendent may 2.16 Horses and pack animals. 2.17 Aircraft and air delivery. designate areas where dead wood on 2.18 Snowmobiles. the ground may be collected for use as 2.19 Winter activities. fuel for campfires within the park area. 2.20 Skating, skateboards and similar de- (5) Walking on, climbing, entering, vices. ascending, descending, or traversing an 2.21 Smoking. archeological or cultural resource, 2.22 Property. 2.23 Recreation fees. monument, or statue, except in des- 2.30 Misappropriation of property and serv- ignated areas and under conditions es- ices. tablished by the superintendent. 2.31 Trespassing, tampering and vandalism. (6) Possessing, destroying, injuring, 2.32 Interfering with agency functions. defacing, removing, digging, or dis- 2.33 Report of injury or damage. turbing a structure or its furnishing or 2.34 Disorderly conduct. fixtures, or other cultural or archeo- 2.35 Alcoholic beverages and controlled substances. logical resources. 2.36 Gambling. (7) Possessing or using a mineral or 2.37 Noncommercial soliciting. metal detector, magnetometer, side 2.38 Explosives. scan sonar, other metal detecting de- 2.50 Special events. vice, or subbottom profiler. 2.51 Demonstrations and designated available park areas. This paragraph does not apply to: 2.52 Sale of printed matter and the distribu- (i) A device broken down and stored tion of printed matter and other mes- or packed to prevent its use while in sage-bearing items. park areas. 2.60 Livestock use and agriculture. (ii) Electronic equipment used pri- 2.61 Residing on Federal lands. marily for the navigation and safe op- 2.62 Memorialization. eration of boats and aircraft. AUTHORITY: 54 U.S.C. 100101, 100751, 320102. (iii) Mineral or metal detectors, SOURCE: 48 FR 30282, June 30, 1983, unless magnetometers, or subbottom profilers otherwise noted. used for authorized scientific, mining, or administrative activities. § 2.1 Preservation of natural, cultural (b) The superintendent may restrict and archeological resources. hiking or pedestrian use to a des- (a) Except as otherwise provided in ignated trail or walkway system pursu- this chapter, the following is prohib- ant to §§ 1.5 and 1.7. Leaving a trail or ited: walkway to shortcut between portions (1) Possessing, destroying, injuring, of the same trail or walkway, or to defacing, removing, digging, or dis- shortcut to an adjacent trail or walk- turbing from its natural state: way in violation of designated restric- (i) Living or dead wildlife or fish, or tions is prohibited. the parts or products thereof, such as (c)(1) The superintendent may des- antlers or nests. ignate certain fruits, berries, nuts, or (ii) Plants or the parts or products unoccupied seashells which may be thereof. gathered by hand for personal use or

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consumption upon a written deter- (2) Hunting may be allowed in park mination that the gathering or con- areas where such activity is specifi- sumption will not adversely affect park cally authorized as a discretionary ac- wildlife, the reproductive potential of a tivity under Federal statutory law if plant species, or otherwise adversely the superintendent determines that affect park resources. such activity is consistent with public (2) The superintendent may: safety and enjoyment, and sound re- (i) Limit the size and quantity of the source management principles. Such natural products that may be gathered hunting shall be allowed pursuant to or possessed for this purpose; or special regulations. (ii) Limit the location where natural (3) Trapping shall be allowed in park products may be gathered; or areas where such activity is specifi- (iii) Restrict the possession and con- cally mandated by Federal statutory sumption of natural products to the law. park area. (4) Where hunting or trapping or both (3) The following are prohibited: are authorized, such activities shall be (i) Gathering or possessing undesig- conducted in accordance with Federal nated natural products. law and the laws of the State within (ii) Gathering or possessing natural whose exterior boundaries a park area products in violation of the size or or a portion thereof is located. Noncon- quantity limits designated by the su- flicting State laws are adopted as a perintendent. part of these regulations. (iii) Unauthorized removal of natural (c) Except in emergencies or in areas products from the park area. under the exclusive jurisdiction of the (iv) Gathering natural products out- United States, the superintendent shall side of designated areas. consult with appropriate State agen- (v) Sale or commercial use of natural cies before invoking the authority of products. § 1.5 for the purpose of restricting hunt- (d) This section shall not be con- ing and trapping or closing park areas strued as authorizing the taking, use, to the taking of wildlife where such ac- or possession of fish, wildlife, or plants tivities are mandated or authorized by for ceremonial or religious purposes, Federal statutory law. except for the gathering and removal of (d) The superintendent may establish plants or plant parts by enrolled mem- conditions and procedures for trans- bers of an Indian tribe in accordance porting lawfully taken wildlife through with § 2.6, or where specifically author- the park area. Violation of these condi- ized by federal statutory law, treaty, tions and procedures is prohibited. or in accordance with § 2.2 or § 2.3. (e) The Superintendent may des- NOTE: Regulations concerning archeo- ignate all or portions of a park area as logical resources are found in 43 CFR part 3. closed to the viewing of wildlife with [48 FR 30282, June 30, 1983, as amended at 81 an artificial light. Use of an artificial FR 45037, July 12, 2016] light for purposes of viewing wildlife in closed areas is prohibited. § 2.2 Wildlife protection. (f) Authorized persons may check (a) The following are prohibited: hunting and trapping licenses and per- (1) The taking of wildlife, except by mits; inspect weapons, traps and hunt- authorized hunting and trapping ac- ing and trapping gear for compliance tivities conducted in accordance with with equipment restrictions; and in- paragraph (b) of this section. spect wildlife that has been taken for (2) The feeding, touching, teasing, compliance with species, size and other frightening or intentional disturbing of taking restrictions. wildlife nesting, breeding or other ac- (g) The regulations contained in this tivities. section apply, regardless of land owner- (3) Possessing unlawfully taken wild- ship, on all lands and waters within a life or portions thereof. park area that are under the legislative (b) Hunting and trapping. (1) Hunting jurisdiction of the United States. shall be allowed in park areas where [48 FR 30282, June 30, 1983, as amended at 49 such activity is specifically mandated FR 18450, Apr. 30, 1984; 51 FR 33264, Sept. 19, by Federal statutory law. 1986; 52 FR 35240, Sept. 18, 1987]

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§ 2.3 Fishing. leased shall not be included in the (a) Except in designated areas or as catch or possession limit: Provided, provided in this section, fishing shall That at the time of catching the person be in accordance with the laws and reg- did not possess the legal limit of fish. (8) Fishing from motor road bridges, ulations of the State within whose ex- from or within 200 feet of a public raft terior boundaries a park area or por- or float designated for water sports, or tion thereof is located. Nonconflicting within the limits of locations des- State laws are adopted as a part of ignated as swimming beaches, surfing these regulations. (b) State fishing licenses are not re- areas, or public boat docks, except in quired in Big Bend, Crater Lake, designated areas. Denali, Glacier, Isle Royale (inland (e) Except as otherwise designated, waters only), Mammoth Cave, Mount fishing with a net, spear, or weapon in Rainer, Olympic and Yellowstone Na- the salt waters of park areas shall be in tional Parks. accordance with State law. (c) Except in emergencies or in areas (f) Authorized persons may check under the exclusive jurisdiction of the fishing licenses and permits; inspect United States, the superintendent shall creels, tackle and fishing gear for com- consult with appropriate State agen- pliance with equipment restrictions; cies before invoking the authority of and inspect fish that have been taken § 1.5 for the purpose of restricting or for compliance with species, size and closing park areas to the taking of fish. other taking restrictions. (d) The following are prohibited: (g) The regulations contained in this (1) Fishing in fresh waters in any section apply, regardless of land owner- manner other than by hook and line, ship, on all lands and waters within a with the rod or line being closely at- park area that are under the legislative tended. jurisdiction of the United States. (2) Possessing or using as bait for [48 FR 30282, June 30, 1983, as amended at 52 fishing in fresh waters, live or dead FR 35240, Sept. 18, 1987] minnows or other bait fish, amphib- ians, nonpreserved fish eggs or fish roe, § 2.4 Weapons, traps and nets. except in designated waters. Waters (a) None of the provisions in this sec- which may be so designated shall be tion or any regulation in this chapter limited to those where non-native spe- may be enforced to prohibit an indi- cies are already established, scientific vidual from possessing a firearm, in- data indicate that the introduction of cluding an assembled or functional additional numbers or types of non-na- firearm, in any National Park System tive species would not impact popu- unit if: lations of native species adversely, and (1) The individual is not otherwise park management plans do not call for prohibited by law from possessing the elimination of non-native species. firearm; and (3) Chumming or placing preserved or (2) The possession of the firearm is in fresh fish eggs, fish roe, food, fish compliance with the law of the State in parts, chemicals, or other foreign sub- which the National Park System unit stances in fresh waters for the purpose is located. of feeding or attracting fish in order (b)(1) Except as otherwise provided in that they may be taken. this section and parts 7 (special regula- (4) Commercial fishing, except where tions) and 13 (Alaska regulations), the specifically authorized by Federal stat- following are prohibited: utory law. (i) Possessing a weapon, trap or net (5) Fishing by the use of drugs, poi- (ii) Carrying a weapon, trap or net sons, explosives, or electricity. (iii) Using a weapon, trap or net (6) Digging for bait, except in pri- (2) Weapons, traps or nets may be vately owned lands. carried, possessed or used: (7) Failing to return carefully and (i) At designated times and locations immediately to the water from which in park areas where: it was taken a fish that does not meet (A) The taking of wildlife is author- size or species restrictions or that the ized by law in accordance with § 2.2 of person chooses not to keep. Fish so re- this chapter;

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(B) The taking of fish is authorized in the suspension or revocation of the by law in accordance with § 2.3 of this permit. part. (f) Authorized Federal, State and (ii) When used for target practice at local law enforcement officers may designated times and at facilities or lo- carry firearms in the performance of cations designed and constructed spe- their official duties. cifically for this purpose and des- (g) The carrying or possessing of a ignated pursuant to special regula- weapon, trap or net in violation of ap- tions. plicable Federal and State laws is pro- (iii) Within a residential dwelling. hibited. For purposes of this subparagraph (h) The regulations contained in this only, the term ‘‘residential dwelling’’ section apply, regardless of land owner- means a fixed housing structure which ship, on all lands and waters within a is either the principal residence of its park area that are under the legislative occupants, or is occupied on a regular jurisdiction of the United States. and recurring basis by its occupants as [48 FR 30282, June 30, 1983, as amended at 49 an alternate residence or vacation FR 18450, Apr. 30, 1984; 52 FR 35240, Sept. 18, home. 1987; 73 FR 74971, Dec. 10, 2008; 80 FR 36476, (3) Traps, nets and unloaded weapons June 25, 2015] may be possessed within a temporary § 2.5 Research specimens. lodging or mechanical mode of conveyance when such implements are ren- (a) Taking plants, fish, wildlife, rocks dered temporarily inoperable or are or minerals except in accordance with packed, cased or stored in a manner other regulations of this chapter or that will prevent their ready use. pursuant to the terms and conditions (c) Carrying or possessing a loaded of a specimen collection permit, is pro- weapon in a motor vehicle, vessel or hibited. other mode of transportation is prohib- (b) A specimen collection permit may ited, except that carrying or possessing be issued only to an official representa- a loaded weapon in a vessel is allowed tive of a reputable scientific or edu- when such vessel is not being propelled cational institution or a State or Fed- by machinery and is used as a shooting eral agency for the purpose of research, platform in accordance with Federal baseline inventories, monitoring, im- and State law. pact analysis, group study, or museum (d) The use of a weapon, trap or net display when the superintendent deter- in a manner that endangers persons or mines that the collection is necessary property is prohibited. to the stated scientific or resource (e) The superintendent may issue a management goals of the institution or permit to carry or possess a weapon, agency and that all applicable Federal trap or net under the following cir- and State permits have been acquired, cumstances: and that the intended use of the specimens and their final disposal is in ac- (1) When necessary to support re- cordance with applicable law and Fed- search activities conducted in accord- eral administrative policies. A permit ance with § 2.5. shall not be issued if removal of the (2) To carry firearms for persons in specimen would result in damage to charge of pack trains or saddle horses other natural or cultural resources, af- for emergency use. fect adversely environmental or scenic (3) For employees, agents or cooper- values, or if the specimen is readily ating officials in the performance of available outside of the park area. their official duties. (c) A permit to take an endangered or (4) To provide access to otherwise in- threatened species listed pursuant to accessible lands or waters contiguous the Endangered Species Act, or simi- to a park area when other means of ac- larly identified by the States, shall not cess are otherwise impracticable or im- be issued unless the species cannot be possible. obtained outside of the park area and Violation of the terms and conditions the primary purpose of the collection is of a permit issued pursuant to this to enhance the protection or manage- paragraph is prohibited and may result ment of the species.

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(d) In park areas where the enabling Indian tribe means an American In- legislation authorizes the killing of dian or Alaska Native tribe, band, na- wildlife, a permit which authorizes the tion, pueblo, village, or community killing of plants, fish or wildlife may that the Secretary of the Interior ac- be issued only when the superintendent knowledges to exist as an Indian tribe approves a written research proposal under the Federally Recognized Tribe and determines that the collection will List Act of 1994, 25 U.S.C. 479a. benefit science or has the potential for Plants or plant parts means vascular improving the management and protec- plants or parts of vascular plants. No tion of park resources. other types of plants may be gathered (e) In park areas where enabling leg- or removed under this section. islation does not expressly prohibit the Traditional association means a long- killing of wildlife, a permit authorizing standing relationship of historical or the killing of plants, fish or wildlife cultural significance between an Indian may be issued only when the superintendent approves a written research tribe and a park area predating the es- proposal and determines that the col- tablishment of the park area. lection will not result in the deroga- Traditional gathering means the meth- tion of the values or purposes for which od of gathering plants or plant parts by the park area was established and has hand or hand tools only. Traditional the potential for conserving and per- gathering does not include the use of petuating the species subject to collec- tools or machinery powered by election. tricity, fossil fuels, or any other source (f) In park areas where the enabling of power except human power. legislation prohibits the killing of Traditional purpose means a cus- wildlife, issuance of a collecting permit tomary activity or practice that is for wildlife or fish or plants, is prohib- rooted in the history of an Indian tribe ited. and is important to the continuation of (g) Specimen collection permits shall that tribe’s distinct culture. contain the following conditions: Tribal official means an elected or (1) Specimens placed in displays or duly appointed official of the federally collections will bear official National recognized government of an Indian Park Service museum labels and their tribe authorized to act on behalf of the catalog numbers will be registered in tribe with respect to the subject mat- the National Park Service National ter of this regulation. Catalog. (b) How may the Superintendent au- (2) Specimens and data derived from thorize traditional gathering and removal? consumed specimens will be made After receiving a request from an In- available to the public and reports and dian tribe to gather plants or plant publications resulting from a research parts within a park area, the Super- specimen collection permit shall be intendent may enter into an agreement filed with the superintendent. with the tribe to authorize the tradi- (h) Violation of the terms and conditional gathering and removal of plants tions of a permit issued in accordance or plant parts for traditional purposes. with this section is prohibited and may result in the suspension or revocation The agreement will describe the terms of the permit. and conditions under which the Super- intendent may issue a gathering per- NOTE: The Secretary’s regulations on the mit to the tribe under § 1.6 of this chap- preservation, use, and management of fish ter. The permit will designate the en- and wildlife are found in 43 CFR part 24. Reg- rolled tribal members who are author- ulations concerning archeological resources are found in 43 CFR part 3. ized to gather and remove plants or plant parts within the park area. § 2.6 Gathering of plants or plant parts (c) How must a tribe request to enter by federally recognized Indian into an agreement? (1) A tribal official tribes. must submit to the Superintendent a (a) What terms do I need to know? The written request to enter into an agree- following definitions apply only to this ment under this section that contains section. the following:

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(i) A description of the Indian tribe’s deny a tribe’s request to enter into a traditional association to the park gathering agreement if any of the re- area; quirements of paragraph (d) of this sec- (ii) A description of the traditional tion are not satisfied. purposes to which the traditional gath- (f) What must agreements contain and ering activities will relate; and how will they be implemented? (1) An (iii) A description of the traditional agreement to gather and remove plants gathering and removal activities that or plant parts must contain the fol- the tribe is interested in conducting, lowing: including a list of the plants or plant (i) The name of the Indian tribe au- parts that tribal members wish to thorized to gather and remove plants gather and the methods by which those and plant parts; plants or plant parts will be gathered. (ii) The basis for the tribe’s eligi- (2) Within 90 days after receiving a bility under paragraphs (c)(1)(i) and (ii) request that contains the information of this section to enter into the agree- required by paragraph (c)(1) of this sec- ment; tion, the Superintendent will initiate consultation with the requesting tribe (iii) A description of the system to be in order to develop an agreement. If a used to administer traditional gath- Superintendent fails to initiate con- ering and removal, including a clear sultation within 90 days after receiving means of identifying the enrolled tribal such a request, then the tribe may sub- members who, under the permit, are mit the request to the Regional Direc- designated by the Indian tribe to gath- tor. The Superintendent will also con- er and remove; sult with any other tribe that has gath- (iv) A means for the tribal govern- ering rights in that park area under a ment to keep the NPS regularly in- treaty or federal statute or is party to formed of which enrolled tribal mem- a valid plant-gathering agreement with bers are designated by the tribe to the NPS for that park area. gather and remove; (d) What are the requirements for enter- (v) A description of the specific ing into agreements? Before entering plants or plant parts that may be gath- into an agreement to allow gathering ered and removed. The gathering agree- and removal, the Superintendent must: ment may not authorize the gathering (1) Determine, based on available in- of any species listed as threatened or formation, including information pro- endangered under the Endangered Spe- vided by the tribe itself, that the tribe cies Act; has a traditional association with the (vi) Specification of the size and park area and is proposing to gather quantity of the plants or plant parts and remove plants or plant parts with- that may be gathered and removed; in the park area for a traditional pur- (vii) Identification of the times and pose; and locations at which the plants or plant (2) Comply with all applicable federal parts may be gathered and removed; laws, including the National Environ- (viii) A statement that plants or mental Policy Act of 1969, the National plant parts may be gathered only by Historic Preservation Act, and the En- traditional gathering methods, dangered Species Act. The compliance i.e., for the National Environmental Policy only by hand or hand tools; Act of 1969 must consist of an environ- (ix) A statement that the sale or mental assessment and must conclude commercial use of natural products with a finding of no significant impact, (including plants or plant parts gath- which must also document the deter- ered under the agreement) is prohibited minations required by paragraph (d)(1) in the park area under § 2.1(c)(3)(v); of this section. The Superintendent (x) Protocols for monitoring tradi- may not enter into an agreement that tional gathering and removal activities will have a significant adverse impact and thresholds above which NPS and on park area resources or values. tribal management intervention will (e) When must the Superintendent deny occur; a tribe’s request to enter into a gathering (xi) A requirement that the NPS and agreement? The Superintendent must the tribe engage in periodic reviews of

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

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issue and send to the tribe a written (7) Connecting to a utility system, decision that affirms, reverses, or except as designated. modifies the Superintendent’s decision. (8) Failing to obtain a permit, where The Regional Director’s appeal deci- required. sion will constitute the final agency (9) Violating conditions which may action on the matter. Appeals under be established by the superintendent. this section constitute an administra- (10) Camping outside of designated tive review and are not conducted as an sites or areas. adjudicative proceeding. (c) Violation of the terms and condi- (l) Have the information collection re- tions of a permit issued in accordance quirements been approved? The Office of with this section is prohibited and may Management and Budget has reviewed result in the suspension or revocation and approved the information collec- of the permit. tion requirements in this section and (d) Food storage. The superintendent assigned OMB Control No. 1024–0271. We may designate all or a portion of a will use this information to determine park area where food, lawfully taken whether a traditional association and fish or wildlife, garbage, and equip- purpose can be documented in order to ment used to cook or store food must authorize traditional gathering. We be kept sealed in a vehicle, or in a may not conduct or sponsor and you camping unit that is constructed of are not required to respond to, a collec- solid, non-pliable material, or sus- tion of information unless it displays a pended at least 10 feet above the currently valid OMB control number. ground and 4 feet horizontally from a You may send comments on any aspect post, tree trunk, or other object, or of this information collection to the shall be stored as otherwise designated. Information Collection Clearance Offi- Violation of this restriction is prohib- cer, National Park Service, 12201 Sun- ited. This restriction does not apply to rise Valley Drive (Mail Stop 242), Res- food that is being transported, con- ton, VA 20192. sumed, or prepared for consumption. [81 FR 45037, July 12, 2016] § 2.11 Picnicking. Picnicking is allowed, except in des- § 2.10 Camping and food storage. ignated areas closed in accordance with (a) The superintendent may require § 1.5. The superintendent may establish permits, designate sites or areas, and conditions for picnicking in areas establish conditions for camping. where picnicking is allowed. Pic- (b) The following are prohibited: nicking in violation of established con- (1) Digging or leveling the ground at ditions is prohibited. a campsite. (2) Leaving camping equipment, site § 2.12 Audio disturbances. alterations, or refuse after departing (a) The following are prohibited: from the campsite. (1) Operating motorized equipment or (3) Camping within 25 feet of a water machinery such as an electric gener- hydrant or main road, or within 100 ating plant, motor vehicle, motorized feet of a flowing stream, river or body toy, or an audio device, such as a radio, of water, except as designated. television set, tape deck or musical in- (4) Creating or sustaining unreason- strument, in a manner: (i) That exceeds able noise between the hours of 10:00 a noise level of 60 decibels measured on p.m. and 6:00 a.m., considering the na- the A-weighted scale at 50 feet; or, if ture and purpose of the actor’s con- below that level, nevertheless; (ii) duct, impact on park users, location, makes noise which is unreasonable, and other factors which would govern considering the nature and purpose of the conduct of a reasonably prudent the actor’s conduct, location, time of person under the circumstances. day or night, purpose for which the (5) The installation of permanent area was established, impact on park camping facilities. users, and other factors that would (6) Displaying wildlife carcasses or govern the conduct of a reasonably other remains or parts thereof, except prudent person under the cir- when taken pursuant to § 2.2. cumstances.

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(2) In developed areas, operating a § 2.14 Sanitation and refuse. power saw, except pursuant to the (a) The following are prohibited: terms and conditions of a permit. (1) Disposing of refuse in other than (3) In nondeveloped areas, operating refuse receptacles. any type of portable motor or engine, (2) Using government refuse recep- or device powered by a portable motor tacles or other refuse facilities for or engine, except pursuant to the terms dumping household, commercial, or in- and conditions of a permit. This para- dustrial refuse, brought as such from graph does not apply to vessels in areas private or municipal property, except where motor boating is allowed. in accordance with conditions estab- (4) Operating a public address sys- lished by the superintendent. tem, except in connection with a public (3) Depositing refuse in the plumbing gathering or special event for which a fixtures or vaults of a toilet facility. permit has been issued pursuant to (4) Draining refuse from a trailer or § 2.50 or § 2.51. other vehicle, except in facilities pro- (b) Violation of the terms and condi- vided for such purpose. tions of a permit issued in accordance (5) Bathing, or washing food, cloth- with section is prohibited and may re- ing, dishes, or other property at public sult in the suspension or revocation of water outlets, fixtures or pools, except the permit. at those designated for such purpose. (6) Polluting or contaminating park § 2.13 Fires. area waters or water courses. (a) The following are prohibited: (7) Disposing of fish remains on land, (1) Lighting or maintaining a fire, ex- or in waters within 200 feet of boat cept in designated areas or receptacles docks or designated swimming beaches, and under conditions that may be es- or within developed areas, except as tablished by the superintendent. otherwise designated. (2) Using stoves or lanterns in viola- (8) In developed areas, the disposal of tion of established restrictions. human body waste, except at designated locations or in fixtures pro- (3) Lighting, tending, or using a fire, vided for that purpose. stove or lantern in a manner that (9) In nondeveloped areas, the dis- threatens, causes damage to, or results posal of human body waste within 100 in the burning of property, real prop- feet of a water source, high water mark erty or park resources, or creates a of a body of water, or a campsite, or public safety hazard. within sight of a trail, except as other- (4) Leaving a fire unattended. wise designated. (5) Throwing or discarding lighted or (b) The superintendent may establish smoldering material in a manner that conditions concerning the disposal, threatens, causes damage to, or results containerization, or carryout of human in the burning of property or park re- body waste. Violation of these condi- sources, or creates a public safety haz- tions is prohibited. ard. (b) Fires shall be extinguished upon § 2.15 Pets. termination of use and in accordance (a) The following are prohibited: with such conditions as may be estab- (1) Possessing a pet in a public build- lished by the superintendent. Violation ing, public transportation vehicle, or of these conditions is prohibited. location designated as a swimming (c) During periods of high fire danger, beach, or any structure or area closed the superintendent may close all or a to the possession of pets by the super- portion of a park area to the lighting intendent. This subparagraph shall not or maintaining of a fire. apply to guide dogs accompanying vis- (d) The regulations contained in this ually impaired persons or hearing ear section apply, regardless of land owner- dogs accompanying hearing-impaired ship, on all lands and waters within a persons. park area that are under the legislative (2) Failing to crate, cage, restrain on jurisdiction of the United States. a leash which shall not exceed six feet [48 FR 30282, June 30, 1983, as amended at 52 in length, or otherwise physically con- FR 35240, Sept. 18, 1987] fine a pet at all times.

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(3) Leaving a pet unattended and tied travel is necessary to cross to or from to an object, except in designated areas designated trails, or areas, or privately or under conditions which may be es- owned property, and no alternative tablished by the superintendent. trails or routes have been designated; (4) Allowing a pet to make noise that or (2) when the road has been closed to is unreasonable considering location, motor vehicles. time of day or night, impact on park (d) Free-trailing or loose-herding of users, and other relevant factors, or horses or pack animals on trails, ex- that frightens wildlife by barking, cept as designated. howling, or making other noise. (e) Allowing horses or pack animals (5) Failing to comply with pet excre- to proceed in excess of a slow walk ment disposal conditions which may be established by the superintendent. when passing in the immediate vicinity (b) In park areas where hunting is al- of persons on foot or bicycle. lowed, dogs may be used in support of (f) Obstructing a trail, or making an these activities in accordance with ap- unreasonable noise or gesture, consid- plicable Federal and State laws and in ering the nature and purpose of the ac- accordance with conditions which may tor’s conduct, and other factors that be established by the superintendent. would govern the conduct of a reason- (c) Pets or feral animals that are run- ably prudent person, while horses or ning-at-large and observed by an au- pack animals are passing. thorized person in the act of killing, in- (g) Violation of conditions which juring or molesting humans, livestock, may be established by the super- or wildlife may be destroyed if nec- intendent concerning the use of horses essary for public safety or protection of or pack animals. wildlife, livestock, or other park resources. § 2.17 Aircraft and air delivery. (d) Pets running-at-large may be im- (a) The following are prohibited: pounded, and the owner may be charged reasonable fees for kennel or (1) Operating or using aircraft on boarding costs, feed, veterinarian fees, lands or waters other than at locations transportation costs, and disposal. An designated pursuant to special regula- impounded pet may be put up for adop- tions. tion or otherwise disposed of after (2) Where a water surface is des- being held for 72 hours from the time ignated pursuant to paragraph (a)(1) of the owner was notified of capture or 72 this section, operating or using aircraft hours from the time of capture if the under power on the water within 500 owner is unknown. feet of locations designated as swim- (e) Pets may be kept by residents of ming beaches, boat docks, piers, or park areas consistent with the provi- ramps, except as otherwise designated. sions of this section and in accordance (3) Delivering or retrieving a person with conditions which may be estab- or object by parachute, helicopter, or lished by the superintendent. Violation other airborne means, except in emer- of these conditions is prohibited. gencies involving public safety or seri- (f) This section does not apply to ous property loss, or pursuant to the dogs used by authorized Federal, State terms and conditions of a permit. and local law enforcement officers in (b) The provisions of this section, the performance of their official duties. other than paragraph (c) of this sec- § 2.16 Horses and pack animals. tion, shall not be applicable to official The following are prohibited: business of the Federal government, or (a) The use of animals other than emergency rescues in accordance with those designated as ‘‘pack animals’’ for the directions of the superintendent, or purposes of transporting equipment. to landings due to circumstances be- (b) The use of horses or pack animals yond the control of the operator. outside of trails, routes or areas des- (c)(1) Except as provided in paragraph ignated for their use. (c)(3) of this section, the owners of a (c) The use of horses or pack animals downed aircraft shall remove the air- on a park road, except: (1) Where such craft and all component parts thereof

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in accordance with procedures estab- Snowmobiles are prohibited except lished by the superintendent. In estab- where designated and only when their lishing removal procedures, the super- use is consistent with the park’s nat- intendent is authorized to: (i) Establish ural, cultural, scenic and aesthetic val- a reasonable date by which aircraft re- ues, safety considerations, park man- moval operations must be complete; agement objectives, and will not dis- (ii) determine times and means of ac- turb wildlife or damage park resources. cess to and from the downed aircraft; (d) The following are prohibited: and (iii) specify the manner or method (1) Operating a snowmobile that of removal. makes excessive noise. Excessive noise (2) Failure to comply with procedures for snowmobiles manufactured after and conditions established under paragraph (c)(1) of this section is prohib- July 1, 1975 is a level of total snow- ited. mobile noise that exceeds 78 decibels (3) The superintendent may waive the measured on the A-weighted scale requirements of paragraph (c)(1) of this measured at 50 feet. Snowmobiles man- section or prohibit the removal of ufactured between July 1, 1973 and July downed aircraft, upon a determination 1, 1975 shall not register more than 82 that: (i) The removal of downed air- decibels on the A-weighted scale at 50 craft would constitute an unacceptable feet. Snowmobiles manufactured prior risk to human life; (ii) the removal of to July 1, 1973 shall not register more a downed aircraft would result in ex- than 86 decibels on the A-weighted tensive resource damage; or (iii) the re- scale at 50 feet. All decibel measure- moval of a downed aircraft is impracti- ments shall be based on snowmobile op- cable or impossible. eration at or near full throttle. (d) The use of aircraft shall be in ac- (2) Operating a snowmobile without a cordance with regulations of the Fed- lighted white headlamp and red tail- eral Aviation Administration. Such light from one half-hour after sunset to regulations are adopted as a part of one half-hour before sunrise, or when these regulations. persons and vehicles are not clearly (e) The operation or use of hovercraft visible for a distance of 500 feet. is prohibited. (f) Violation of the terms and condi- (3) Operating a snowmobile that does tions of a permit issued in accordance not have brakes in good working order. with this section is prohibited and may (4) Racing, or operating a snowmobile result in the suspension or revocation in excess of 45 mph, unless restricted in of the permit. accordance with § 4.22 of this chapter or otherwise designated. § 2.18 Snowmobiles. (e) Except where State law prescribes (a) Notwithstanding the definition of a different minimum age or qualifica- vehicle set forth in § 1.4 of this chapter, tion for the person providing direct su- the provisions of §§ 4.4, 4.12, 4.13, 4.14, pervision and accompaniment, the fol- 4.20, 4.21, 4.22 and 4.23 of this chapter lowing are prohibited: apply to the operation of a snowmobile. (1) The operation of a snowmobile by (b) Except as otherwise provided in a person under 16 years of age unless this section, the laws of the State in accompanied and supervised within which the exterior boundaries of a park line of sight by a responsible person 21 area or a portion thereof is located years of age or older; shall govern equipment standards and (2) The operation of a snowmobile by the operation of snowmobiles. Noncon- a person under 12 years of age, unless flicting State laws are adopted as a accompanied on the same machine by a part of these regulations. responsible person 21 years of age or (c) The use of snowmobiles is prohib- older; or ited, except on designated routes and (3) The supervision by one person of water surfaces that are used by motor the operation of snowmobiles by more vehicles or motorboats during other than one person under 16 years of age. seasons. Routes and water surfaces designated for snowmobile use shall be [48 FR 30282, June 30, 1983, as amended at 52 promulgated as special regulations. FR 10683, Apr. 2, 1987]

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§ 2.19 Winter activities. threat to park resources may be im- (a) Skiing, snowshoeing, ice skating, pounded by the superintendent at any sledding, innertubing, tobogganing and time. similar winter sports are prohibited on (3) Found or impounded property park roads and in parking areas open shall be inventoried to determine own- to motor vehicle traffic, except as oth- ership and safeguard personal property. erwise designated. (4) The owner of record is responsible (b) The towing of persons on skis, and liable for charges to the person sleds, or other sliding devices by motor who has removed, stored, or otherwise vehicle or snowmobile is prohibited, disposed of property impounded pursu- except in designated areas or routes. ant to this section; or the super- This paragraph shall not apply to sleds intendent may assess the owner rea- designed to be towed behind snowmo- sonable fees for the impoundment and biles and joined to the snowmobile storage of property impounded pursu- with a rigid hitching mechanism. ant to this section. (c) Failure to abide by area designations or activity restrictions estab- (c) Disposition of property. (1) Unat- lished under this section is prohibited. tended property impounded pursuant to this section shall be deemed to be § 2.20 Skating, skateboards, and simi- abandoned unless claimed by the owner lar devices. or an authorized representative thereof Using roller skates, skateboards, within 60 days. The 60-day period shall roller skis, coasting vehicles, or simi- begin when the rightful owner of the lar devices is prohibited, except in des- property has been notified, if the owner ignated areas. can be identified, or from the time the property was placed in the superintend- § 2.21 Smoking. ent’s custody, if the owner cannot be (a) The superintendent may des- identified. ignate a portion of a park area, or all (2) Unclaimed, found property shall or a portion of a building, structure or be stored for a minimum period of 60 facility as closed to smoking when nec- days and, unless claimed by the owner essary to protect park resources, re- or an authorized representative there- duce the risk of fire, or prevent con- of, may be claimed by the finder, pro- flicts among visitor use activities. vided that the finder is not an em- Smoking in an area or location so des- ployee of the National Park Service. ignated is prohibited. (b) Smoking is prohibited within all Found property not claimed by the caves and caverns. owner or an authorized representative or the finder shall be deemed aban- § 2.22 Property. doned. (a) The following are prohibited: (3) Abandoned property shall be dis- (1) Abandoning property. posed of in accordance with title 41 (2) Leaving property unattended for Code of Federal Regulations. longer than 24 hours, except in loca- (4) Property, including real property, tions where longer time periods have located within a park area and owned been designated or in accordance with by a deceased person, shall be disposed conditions established by the super- of in accordance with the laws of the intendent. State within whose exterior boundaries (3) Failing to turn in found property the property is located. to the superintendent as soon as prac- (d) The regulations contained in ticable. paragraphs (a)(2), (b) and (c) of this sec- (b) Impoundment of property. (1) Prop- tion apply, regardless of land owner- erty determined to be left unattended ship, on all lands and waters within a in excess of an allowed period of time park area that are under the legislative may be impounded by the superintendent. jurisdiction of the United States. (2) Unattended property that inter- [48 FR 30282, June 30, 1983, as amended at 52 feres with visitor safety, orderly man- FR 35240, Sept. 18, 1987] agement of the park area, or presents a

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§ 2.23 Recreation fees. § 2.31 Trespassing, tampering and van- (a) Recreation fees shall be estab- dalism. lished as provided for in part 71 of this (a) The following are prohibited: chapter. (1) Trespassing. Trespassing, entering (b) Entering designated entrance fee or remaining in or upon property or areas or using specialized sites, facili- real property not open to the public, ties, equipment or services, or partici- except with the express invitation or pating in group activities, recreation consent of the person having lawful events, or other specialized recreation control of the property or real prop- uses for which recreation fees have erty. been established without paying the re- (2) Tampering. Tampering or attempt- quired fees and possessing the applica- ing to tamper with property or real ble permits is prohibited. Violation of property, or moving, manipulating or the terms and conditions of a permit setting in motion any of the parts issued in accordance with part 71 is thereof, except when such property is prohibited and may result in the sus- under one’s lawful control or posses- pension or revocation of the permit. sion. (c) The superintendent may, when in (3) Vandalism. Destroying, injuring, the public interest, prescribe periods defacing, or damaging property or real during which the collection of recre- property. (4) Harassment. Intentional or reck- ation fees shall be suspended. less harassment of park visitors with § 2.30 Misappropriation of property physical contact. and services. (5) Obstruction. Intentional or reckless obstruction of any sidewalk, trail, (a) The following are prohibited: highway, building entranceway, rail- (1) Obtaining or exercising unlawful road track, or public utility right-of- possession over the property of another way, or other public passage, whether with the purpose to deprive the owner alone or with others. The mere gath- of the property. ering of persons to hear a speaker com- (2) Obtaining property or services of- municate, or simply being a member of fered for sale or compensation without such a gathering, does not constitute making payment or offering to pay. obstruction. An official may make a (3) Obtaining property or services of- reasonable request or order that one or fered for sale or compensation by more persons move in order to prevent means of deception or a statement of obstruction of a public passage, and re- past, present or future fact that is in- fusal of such an order constitutes ob- strumental in causing the wrongful struction. transfer of property or services, or (b) The regulations contained in this using stolen, forged, expired revoked or section apply, regardless of land owner- fraudulently obtained credit cards or ship, on all lands and waters within a paying with negotiable paper on which park area that are under the legislative payment is refused. jurisdiction of the United States. (4) Concealing unpurchased merchandise on or about the person without the [48 FR 30282, June 30, 1983, as amended at 52 knowledge or consent of the seller or FR 35240, Sept. 18, 1987; 75 FR 64153, Oct. 19, 2010] paying less than purchase price by deception. § 2.32 Interfering with agency func- (5) Acquiring or possessing the prop- tions. erty of another, with knowledge or rea- (a) The following are prohibited: son to believe that the property is sto- (1) Interference. Threatening, resist- len. ing, intimidating, or intentionally (b) The regulations contained in this interfering with a government em- section apply, regardless of land owner- ployee or agent engaged in an official ship, on all lands and waters within a duty, or on account of the performance park area that are under the legislative of an official duty. jurisdiction of the United States. (2) Lawful order. Violating the lawful [48 FR 30282, June 30, 1983, as amended at 52 order of a government employee or FR 35240, Sept. 18, 1987] agent authorized to maintain order and

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control public access and movement (2) Uses language, an utterance, or during fire fighting operations, search gesture, or engages in a display or act and rescue operations, wildlife manage- that is obscene, physically threatening ment operations involving animals or menacing, or done in a manner that that pose a threat to public safety, law is likely to inflict injury or incite an enforcement actions, and emergency immediate breach of the peace. operations that involve a threat to (3) Makes noise that is unreasonable, public safety or park resources, or considering the nature and purpose of other activities where the control of the actor’s conduct, location, time of public movement and activities is nec- day or night, and other factors that essary to maintain order and public would govern the conduct of a reason- safety. ably prudent person under the cir- (3) False information. Knowingly giv- cumstances. ing a false or fictitious report or other (4) Creates or maintains a hazardous false information: (i) To an authorized or physically offensive condition. person investigating an accident or (b) The regulations contained in this violation of law or regulation or; (ii) on section apply, regardless of land owner- an application for a permit. ship, on all lands and waters within a (4) False Report. Knowingly giving a park area that are under the legislative false report for the purpose of mis- jurisdiction of the United States. leading a government employee or [48 FR 30282, June 30, 1983, as amended at 52 agent in the conduct of official duties, FR 35240, Sept. 18, 1987] or making a false report that causes a response by the United States to a fic- § 2.35 Alcoholic beverages and con- titious event. trolled substances. (b) The regulations contained in this (a) Alcoholic beverages. (1) The use and section apply, regardless of land owner- possession of alcoholic beverages with- ship, on all lands and waters within a in park areas is allowed in accordance park area that are under the legislative with the provisions of this section. jurisdiction of the United States. (2) The following are prohibited: (i) The sale or gift of an alcoholic [48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987] beverage to a person under 21 years of age, except where allowed by State § 2.33 Report of injury or damage. law. In a State where a lower minimum age is established, that age limit will (a) A person involved in an incident apply for purposes of this subpara- resulting in personal injury or property graph. damage exceeding $300, other than an (ii) The possession of an alcoholic accident reportable under §§ 3.4 or 4.4 of beverage by a person under 21 years of this chapter, shall report the incident age, except where allowed by State to the superintendent as soon as pos- law. In a State where a lower minimum sible. This notification does not satisfy age is established, that age will apply reporting requirements imposed by ap- for purposes of this subparagraph. plicable State law. (3)(i) The superintendent may close (b) Failure to report an incident in all or a portion of a public use area or accordance with paragraph (a) of this public facility within a park area to section is prohibited. the consumption of alcoholic beverages [48 FR 30282, June 30, 1983, as amended at 52 and/or to the possession of a bottle, can FR 10683, Apr. 2, 1987] or other receptacle containing an alcoholic beverage that is open, or that has § 2.34 Disorderly conduct. been opened, or whose seal is broken or (a) A person commits disorderly con- the contents of which have been par- duct when, with intent to cause public tially removed. Provided however, that alarm, nuisance, jeopardy or violence, such a closure may only be imple- or knowingly or recklessly creating a mented following a determination risk thereof, such person commits any made by the superintendent that: of the following prohibited acts: (A) The consumption of an alcoholic (1) Engages in fighting or threat- beverage or the possession of an open ening, or in violent behavior. container of an alcoholic beverage

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would be inappropriate considering § 2.37 Noncommercial soliciting. other uses of the location and the pur- Soliciting or demanding gifts, pose for which it is maintained or es- money, goods or services is prohibited, tablished; or except pursuant to the terms and con- (B) Incidents of aberrant behavior re- ditions of a permit that has been issued lated to the consumption of alcoholic under § 2.50, § 2.51 or § 2.52. beverages are of such magnitude that the diligent application of the authori- § 2.38 Explosives. ties in this section and §§ 1.5 and 2.34 of (a) Using, possessing, storing, or this chapter, over a reasonable time pe- transporting explosives, blasting riod, does not alleviate the problem. agents or explosive materials is prohib- (ii) A closure imposed by the super- ited, except pursuant to the terms and intendent does not apply to an open conditions of a permit. When per- container of an alcoholic beverage that mitted, the use, possession, storage and is stored in compliance with the provi- transportation shall be in accordance sions of § 4.14 of this chapter. with applicable Federal and State laws. (iii) Violating a closure imposed pur- (b) Using or possessing fireworks and suant to this section is prohibited. firecrackers is prohibited, except pur- (b) Controlled substances. The fol- suant to the terms and conditions of a lowing are prohibited: permit or in designated areas under (1) The delivery of a controlled sub- such conditions as the superintendent stance, except when distribution is may establish, and in accordance with made by a practitioner in accordance applicable State law. with applicable law. For the purposes (c) Violation of the conditions estab- of this paragraph, delivery means the lished by the superintendent or of the actual, attempted or constructive terms and conditions of a permit issued transfer of a controlled substance in accordance with this section is pro- whether or not there exists an agency hibited and may result in the suspension or revocation of the permit. relationship. (2) The possession of a controlled sub- § 2.50 Special events. stance, unless such substance was obtained by the possessor directly, or (a) Sports events, pageants, regattas, pursuant to a valid prescription or public spectator attractions, entertainments, ceremonies, and similar events order, from a practitioner acting in the are allowed: Provided, however, There is course of professional practice or oth- a meaningful association between the erwise allowed by Federal or State law. park area and the events, and the ob- (c) Presence in a park area when servance contributes to visitor under- under the influence of alcohol or a con- standing of the significance of the park trolled substance to a degree that may area, and a permit therefor has been endanger oneself or another person, or issued by the superintendent. A permit damage property or park resources, is shall be denied if such activities would: prohibited. (1) Cause injury or damage to park [48 FR 30282, June 30, 1983, as amended at 52 resources; or FR 10683, Apr. 2, 1987] (2) Be contrary to the purposes for which the natural, historic, develop- § 2.36 Gambling. ment and special use zones were estab- (a) Gambling in any form, or the op- lished; or unreasonably impair the at- eration of gambling devices, is prohib- mosphere of peace and tranquility ited. maintained in wilderness, natural, historic, or commemorative zones. (b) This regulation applies, regardless (3) Unreasonably interfere with inter- of land ownership, on all lands and pretive, visitor service, or other pro- waters within a park area that are gram activities, or with the adminis- under the legislative jurisdiction of the trative activities of the National Park United States. Service; or [48 FR 30282, June 30, 1983, as amended at 52 (4) Substantially impair the oper- FR 35240, Sept. 18, 1987] ation of public use facilities or services

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of National Park Service concessioners of views or grievances, engaged in by or contractors; or one or more persons, the conduct of (5) Present a clear and present danger which is reasonably likely to attract a to the public health and safety; or crowd or onlookers. This term does not (6) Result in significant conflict with include casual park use by visitors or other existing uses. tourists that is not reasonably likely (b) An application for such a permit to attract a crowd or onlookers. shall set forth the name of the appli- (b) Permits and the small group permit cant, the date, time, duration, nature exception. Demonstrations are allowed and place of the proposed event, an es- within park areas designated as avail- timate of the number of persons ex- able under paragraph (c)(2) of this sec- pected to attend, a statement of equip- tion, when the superintendent has ment and facilities to be used, and any issued a permit for the activity, except other information required by the su- that: perintendent. The application shall be (1) Demonstrations involving 25 per- submitted so as to reach the super- sons or fewer may be held without a intendent at least 72 hours in advance permit within designated park areas, of the proposed event. provided that: (c) As a condition of permit issuance, (i) None of the reasons for denying a the superintendent may require: permit that are set out in paragraph (f) (1) The filing of a bond payable to the of this section are present; Director, in an amount adequate to cover costs such as restoration, reha- (ii) The group is not merely an exten- bilitation, and cleanup of the area sion of another group already availing used, and other costs resulting from itself of the small group permit excep- the special event. In lieu of a bond, a tion under this provision; permittee may elect to deposit cash (iii) They will not unreasonably equal to the amount of the required interfere with other permitted dem- bond. onstrations and special events, or park (2) In addition to the requirements of program activities; and paragraph (c)(1) of this section, the ac- (iv) Hand-carried signs may be used, quisition of liability insurance in but stages, platforms, or structures which the United States is named as may not be used. co-insured in an amount sufficient to (2) While it is not mandatory, the or- protect the United States. ganizer is requested to provide reason- (d) The permit may contain such con- able notice of the proposed event to the ditions as are reasonably consistent park superintendent, including wheth- with protection and use of the park er there is any reason to believe that area for the purposes for which it is es- there may be an attempt to disrupt, tablished. It may also contain reason- protest, or prevent the activity. able limitations on the equipment used (3) The 25-person maximum for the and the time and area within which the small group permit exception may be event is allowed. reduced for a designated available area, (e) Violation of the terms and condi- but only if: tions of a permit issued in accordance (i) A written determination that a 25- with this section is prohibited and may person group cannot be reasonably result in the suspension or revocation physically accommodated within that of the permit. area is approved by the regional direc- [48 FR 30282, June 30, 1983; 48 FR 31847, July tor; and 11, 1983] (ii) The written determination is made available at the office of the su- § 2.51 Demonstrations and designated perintendent and by public notice available park areas. under § 1.7 of this chapter. (a) Demonstrations. The term ‘‘dem- (4) In the event that two or more onstrations’’ includes demonstrations, groups taking advantage of the small picketing, speechmaking, marching, group permit exception seek to use the holding vigils or religious services, and same designated available area at the all other like forms of conduct that in- same time, and the area cannot reason- volve the communication or expression ably accommodate multiple occupancy,

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the superintendent will, whenever pos- (e) The superintendent must not ac- sible, direct the later-arriving group to cept an application more than one year relocate to another nearby designated before the proposed event (including available area. time required for set-up); applications (c) Designated available park areas. (1) received more than a year in advance Locations may be designated as avail- will be returned to the applicant. able for demonstrations under this sec- (f) Processing the application. The su- tion, and for the sale or distribution of perintendent must issue a permit or a printed matter and the free distribu- written denial within ten days of re- tion of other message-bearing items ceiving a complete and fully executed under § 2.52, only if these activities application. A permit will be approved would not: unless: (i) Cause injury or damage to park (1) The superintendent has granted or resources; will grant a prior application for a per- (ii) Unreasonably impair the atmos- mit for the same time and place, and phere of peace and tranquility main- the activities authorized by that per- tained in wilderness, natural, historic, mit do not reasonably allow multiple or commemorative zones; occupancy of that particular area; (iii) Unreasonably interfere with in- (2) It reasonably appears that the terpretive, visitor service, or other pro- event will present a clear and present gram activities, or with the adminis- danger to public health or safety; trative activities of the National Park (3) The event is of such nature or du- Service; ration that it cannot reasonably be ac- (iv) Substantially impair the oper- commodated in the particular location ation of public use facilities or services applied for, considering such things as of National Park Service conces- damage to park resources or facilities, sioners, holders of commercial use au- impairment of a protected area’s at- thorizations, or contractors; mosphere of peace and tranquility, in- (v) Present a clear and present dan- terference with program activities, or ger to the public health and safety; or impairment of public use facilities; (vi) Be incompatible with the nature (4) The location applied for has not and traditional use of the particular been designated as available under park area involved. paragraph (c)(2) of this section; (2) The superintendent must des- (5) The application was submitted ignate on a map, which must be avail- more than one year before the proposed able in the office of the superintendent event (including set-up); or and by public notice under § 1.7 of this (6) The activity would constitute a chapter, the locations designated as violation of an applicable law or regu- available for demonstrations, the sale lation. or distribution of printed matter, and (g) Written denial of permit. If a permit the free distribution of other message is denied, the superintendent will in- bearing items. form the applicant in writing of the de- (d) Application for permit. A permit nial and the reasons for it. application must provide: (h) Permit conditions. The permit may (1) The name of the applicant or the contain conditions reasonably con- name of the organization (if any); sistent with the requirements of public (2) The date, time, duration, nature, health and safety, protection of park and place of the proposed event; resources, and the use of the park area (3) An estimate of the number of per- for the purposes for which it was estab- sons expected to attend; lished. It may also contain reasonable (4) A statement of equipment and fa- limitations on the equipment used and cilities to be used; the time and area within which the (5) Whether there is any reason to be- event is allowed. lieve that there will be an attempt to (i) Permit duration. (1) Permits may disrupt, protest, or prevent the event; be issued for a maximum of 14 consecu- and tive days. (6) Any other information required (2) A permit may be extended for up by the permit application form. to 14 days, but a new application must

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be submitted for each extension re- issued a permit for the activity, except quested. that: (3) The extension may be denied if (1) Sale or distribution activity by 25 another applicant has requested use of persons or fewer may be conducted the same location and the location can- without a permit within designated not reasonably accommodate multiple park areas, provided that: occupancy. (i) None of the reasons for denying a (j) Violation prohibited. Violation of permit that are set out in paragraph (e) these regulations or the terms of the of this section are present; permit is prohibited. (ii) The group is not merely an exten- (k) Permit revocation, termination of sion of another group already availing small group exception. (1) The super- itself of the small group permit excep- intendent may revoke a permit for any tion under this provision; violation of its terms and conditions. (iii) The sale or distribution will not (2) The superintendent may revoke a unreasonably interfere with other per- permit, or order a small group permit mitted demonstrations and special exception activity to cease, when any events, or program activities; and of the conditions listed in paragraph (f) (iv) Hand-carried signs may be used, of this section exist. but stages, platforms, or structures (3) The superintendent will make the may not be used. revocation or order to cease in writing, (2) While it is not mandatory, the or- with the reasons clearly set forth. In ganizer is requested to provide reason- emergency circumstances the super- able notice of the proposed event to the intendent will make an immediate park superintendent, including wheth- verbal revocation or order to cease, fol- er there is any reason to believe that lowed by written confirmation within there may be an attempt to disrupt, 72 hours. protest, or prevent the activity. [75 FR 64153, Oct. 19, 2010, as amended at 78 (3) The 25-person maximum for the FR 37717, June 24, 2013; 80 FR 36476, June 25, small group permit exception may be 2015; 83 FR 2068, Jan. 16, 2018] reduced for a designated available area, § 2.52 Sale of printed matter and the but only if: distribution of printed matter and (i) A written determination that a 25- other message-bearing items. person group cannot be reasonably (a) Printed matter and other message- physically accommodated within that bearing items. The term ‘‘printed mat- area is approved by the regional direc- ter’’ means message-bearing textual tor; and printed material such as books, pam- (ii) The written determination is phlets, magazines, and leaflets, pro- made available at the office of the su- vided that it is not solely commercial perintendent and by public notice advertising. The term ‘‘other message- under § 1.7 of this chapter. bearing items’’ means a message-bear- (4) In the event that two or more ing item that is not ‘‘printed matter’’ groups taking advantage of the small and is not solely commercial adver- group permit exception seek to use the tising. Other message-bearing items in- same designated available area at the clude, but are not limited to: Readable same time, and the area cannot reason- electronic media such as CDs, DVDs, ably accommodate multiple occupancy, and flash drives; clothing and acces- the superintendent will, whenever pos- sories such as hats and key chains; but- sible, direct the later arriving group to tons; pins; and bumper stickers. relocate to another nearby designated (b) Permits and the small group permit available area. exception. The sale or distribution of (c) Application for permit. An applica- printed matter, and the free distribution must provide: tion of other message-bearing items (1) The name of the applicant or the without asking for or demanding pay- name of the organization (if any); ment or donation, is allowed within (2) The date, time, duration, nature, park areas if it occurs in an area des- and place of the proposed event; ignated as available under § 2.51(c)(2) (3) An estimate of the number of per- and when the superintendent has sons expected to attend;

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(4) A statement of equipment and fa- for the purposes for which it was estab- cilities to be used; lished. (5) Whether there is any reason to be- (h) Permit duration. (1) Permits may lieve that there will be an attempt to be issued for a maximum of 14 consecu- disrupt, protest, or prevent the event; tive days. and (2) A permit may be extended for up (6) Any other information required to 14 days, but a new application must by the permit application form. be submitted for each extension re- (d) The superintendent must not ac- quested. cept an application more than one year (3) The extension may be denied if before the proposed event (including another applicant has requested use of time required for set-up); applications the same location and the location can- received more than a year in advance not reasonably accommodate multiple will be returned to the applicant. occupancy. (e) Processing the application. The su- (i) Misrepresentation. Persons engaged perintendent must issue a permit or a in the sale or distribution of printed written denial within ten days of re- matter or the free distribution of other ceiving a complete and fully executed message-bearing items under this sec- application. A permit will be approved tion are prohibited from misrepre- unless: senting the purposes or affiliations of (1) The superintendent has granted or those engaged in the sale or distribu- will grant a prior application for a per- tion, and misrepresenting whether the mit for the same time and place, and printed matter or other message-bear- the activities authorized by that per- ing items are available without cost or mit do not reasonably allow multiple donation. occupancy of the particular area; (j) Violation prohibited. Violation of (2) It reasonably appears that the these regulations or the terms of the sale or distribution will present a clear permit is prohibited. and present danger to the public health (k) Permit revocation, termination of and safety; small group exception. (1) The super- (3) The number of persons engaged in intendent may revoke a permit for any the sale or distribution exceeds the violation of its terms and conditions. number that can reasonably be accom- (2) The superintendent may revoke a modated in the particular location ap- permit, or order a small group permit plied for, considering such things as exception activity to cease, when any damage to park resources or facilities, of the conditions listed in paragraph (e) impairment of a protected area’s at- of this section exist. mosphere of peace and tranquility, in- (3) The superintendent will make the terference with program activities, or revocation or order to cease in writing, impairment of public use facilities; with the reasons clearly set forth. In (4) The location applied for has not emergency circumstances the super- been designated as available under intendent will make an immediate § 2.51(c)(2); verbal revocation or order to cease, fol- (5) The application was submitted lowed by written confirmation within more than one year before the proposed 72 hours. event (including set-up); or [75 FR 64154, Oct. 19, 2010, as amended at 78 (6) The activity would constitute a FR 37717, June 24, 2013; 80 FR 36476, June 25, violation of an applicable law or regu- 2015; 83 FR 2069, Jan. 16, 2018] lation. (f) Written denial of permit. If a permit § 2.60 Livestock use and agriculture. is denied, the superintendent will in- (a) The running-at-large, herding, form the applicant in writing of the de- driving across, allowing on, pasturing nial and the reasons for it. or grazing of livestock of any kind in a (g) Permit conditions. The permit may park area or the use of a park area for contain conditions reasonably con- agricultural purposes is prohibited, ex- sistent with the requirements of public cept: health and safety, protection of park (1) As specifically authorized by Fed- resources, and the use of the park area eral statutory law; or

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(2) As required under a reservation of shall include the pro rata salary of em- use rights arising from acquisition of a ployees for the time spent and the ex- tract of land; or penses incurred as a result of the inves- (3) As designated, when conducted as tigation, reporting, and settlement or a necessary and integral part of a rec- prosecution of the claim. reational activity or required in order (v) If livestock impounded under this to maintain a historic scene. paragraph is offered at public sale and (b) Activities authorized pursuant to no bid is received, or if the highest bid any of the exceptions provided for in received is less than the amount of the paragraph (a) of this section shall be claim of the United States or of the of- allowed only pursuant to the terms and ficer’s appraised value of the livestock, conditions of a license, permit or lease. whichever is the lesser amount, such Violation of the terms and conditions livestock, may be sold at private sale of a license, permit or lease issued in for the highest amount obtainable, accordance with this paragraph is pro- condemned and destroyed, or converted hibited and may result in the suspen- to the use of the United States. sion or revocation of the license, permit, or lease. § 2.61 Residing on Federal lands. (c) Impounding of livestock. (1) Live- (a) Residing in park areas, other than stock trespassing in a park area may on privately owned lands, except pursu- be impounded by the superintendent ant to the terms and conditions of a and, if not claimed by the owner within permit, lease or contract, is prohibited. the periods specified in this paragraph, (b) Violation of the terms and condi- shall be disposed of in accordance with tions of a permit issued in accordance applicable Federal and State law. with this section is prohibited and may (2) In the absence of applicable Fed- result in the suspension or revocation eral or State law, the livestock shall be of the permit. disposed of in the following manner: (i) If the owner is known, prompt § 2.62 Memorialization. written notice of impoundment will be served, and in the event of the owner’s (a) The installation of a monument, failure to remove the impounded live- memorial, tablet, structure, or other stock within five (5) days from delivery commemorative installation in a park of such notice, it will be disposed of in area without the authorization of the accordance with this paragraph. Director is prohibited. (ii) If the owner is unknown, disposal (b) The scattering of human ashes of the livestock shall not be made until from cremation is prohibited, except at least fifteen (15) days have elapsed pursuant to the terms and conditions from the date that a notice of im- of a permit, or in designated areas ac- poundment is originally published in a cording to conditions which may be es- newspaper of general circulation in the tablished by the superintendent. county in which the trespass occurs or, (c) Failure to abide by area designa- if no such newspaper exists, notifications and established conditions is pro- tion is provided by other appropriate hibited. means. (d) Violation of the terms and condi- (iii) The owner may redeem the live- tions of a permit issued in accordance stock by submitting proof of ownership with this section is prohibited and may and paying all expenses of the United result in the suspension or revocation States for capturing, advertising, pas- of the permit. turing, feeding, impounding, and the amount of damage to public property PART 3—BOATING AND WATER USE injured or destroyed as a result of the ACTIVITIES trespass. (iv) In determining the claim of the Sec. government in a livestock trespass, the 3.1 What is the applicability and scope of value of forage consumed shall be com- this part? puted at the commercial rates pre- 3.2 Do other boating laws and regulations vailing in the locality for the class of apply to me when I operate my boat on livestock found in trespass. The claim park waters?

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3.3 Am I required to obtain a permit to op- the United States Coast Guard, author- erate a vessel in a park area? ize a like action by the superintendent. 3.4 For what purposes may my vessel be in- (b) Except to the extent that direc- spected? 3.5 Do I have to report an accident involv- tives of the United States Coast Guard ing a vessel to the National Park Serv- have expressly or implicitly preempted ice? inconsistent state laws and regulations 3.6 What are the requirements to operate a or as otherwise provided by subsection power driven vessel? (a), vessels and their operation on all 3.7 What are the NPS Personal Flotation waters subject to NPS jurisdiction are Device (PFD) requirements? governed by non-conflicting boating 3.8 What vessel operations are prohibited? 3.9 May I operate my personal watercraft safety laws and regulations of the (PWC) in park waters? State within whose interior boundaries 3.10 What are the regulations regarding op- a park area or portion thereof is lo- erating a vessel while under the influ- cated. ence of alcohol and/or drugs? 3.11 When is testing for alcohol or drugs re- § 3.3 Am I required to obtain a permit quired? to operate a vessel in a park area? 3.12 May I use a vessel to tow a person for water skiing or other similar activities? Generally, you are not required to 3.13 What conditions apply to the use of Ma- obtain a permit to operate a vessel in a rine Sanitation Devices (MSD)? park area. However, in certain cir- 3.14 Am I required to remove a sunken, cumstances, taking into consideration grounded, or disabled vessel? public safety, protection of park re- 3.15 What is the maximum noise level for sources, and weather and park manage- the operation of a vessel? 3.16 May I swim or wade in park waters? ment objectives, the superintendent 3.17 What regulations apply to swimming may require a permit for use of a vessel areas and beaches? within a park area, under §§ 1.5 and 1.7, 3.18 May I snorkel or underwater dive in and will issue permits consistent with park waters? § 1.6 of this chapter. 3.19 May I operate a submersible within park waters? § 3.4 For what purposes may my vessel AUTHORITY: 54 U.S.C. 100101, 100751, 320102. be inspected? SOURCE: 72 FR 13702, Mar. 23, 2007, unless (a) An authorized person may at any otherwise noted. time stop and/or board a vessel to examine documents, licenses or permits § 3.1 What is the applicability and relating to operation of the vessel, and scope of this part? to inspect the vessel to determine com- The applicability of the regulations pliance with regulations pertaining to in this part is described in § 1 .2 of this safety equipment, vessel capacity, ma- chapter. rine sanitation devices, and other pollution and noise abatement require- § 3.2 Do other boating laws and regula- ments. tions apply to me when I operate (b) An authorized person who identi- my boat on park waters? fies a vessel being operated without (a) In addition to the regulations sufficient life saving or firefighting de- contained in this part, the NPS adopts vices, in an overloaded or other unsafe applicable laws and regulations of the condition, as defined in United States United States Coast Guard. The USCG Coast Guard regulations, or in viola- laws and regulations are found in Title tion of a noise level specified in § 3.15(a) 14 United States Code, Title 33 United of this part, may direct the operator to States Code, Title 46 United States suspend further use of the vessel until Code, and 33 CFR chapter I, 46 CFR the condition is corrected. chapter I and III and 49 CFR chapter IV. NPS applies the adopted laws and § 3.5 Do I have to report an accident regulations to vessels and their oper- involving a vessel to the National ation on all waters (navigable and non- Park Service? navigable) subject to NPS jurisdiction. (a) The operator of a vessel involved Therefore, Federal regulations author- in an accident must report the accident izing an action by the ‘‘captain of the to the superintendent as soon as prac- port’’ or another officer or employee of tical, but in any event within 24 hours

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of the accident, if the accident in- (2) Launching or recovering a vessel, volves: except at a launch site designated by (1) Total property damage of $2000 or the superintendent. more; or (3) Operating a power-driven vessel (2) Injury, or death or disappearance on waters not accessible by road. of a person (4) Operating a vessel in excess of a (b) If the operator is physically in- length, width, or horsepower restric- capable of making the report, the tion established by the superintendent owner or an occupant of the vessel in accordance with §§ 1.5 and 1.7 of this must report the accident to the super- chapter. For the purposes of this para- intendent. graph, vessel length is measured ac- (c) Filing a report with the super- cording to criteria established in 46 intendent may satisfy applicable CFR chapter I or 33 CFR chapter I. United States Coast Guard, State, and (b) The following operations are in- local accident reporting requirements. herently unsafe and therefore prohib- Superintendents will forward the acci- ited: dent report to the appropriate report- (1) Operating a power-driven or sailing authority in a timely manner that ing vessel within 100 feet of a diver’s complies with the requirements of 33 flag except a vessel in support of dive CFR 173.55. operations, which may not be operated in excess of flat wake speed. § 3.6 What are the requirements to op- (2) Failing to observe restriction(s) erate a power driven vessel? established by a regulatory marker. (a) To operate a power-driven vessel (3) Operating a vessel in excess of flat on park waters, a person must be ei- wake speed in designated areas. ther: (4) Operating a vessel in excess of flat (1) At least 16 years old; or wake speed within 100 feet of: (i) A downed water skier; (2) Between 12 and 15 years old and accompanied on the vessel by a person (ii) A person swimming, wading, fish- at least 18 years old. ing from shore or floating with the aid of a flotation device; (b) If a park area is located within a State having different age require- (iii) A designated launch site; or ments, then the applicable State law is (iv) A manually propelled, anchored adopted in lieu of paragraph (a) of this or drifting vessel. If the park is located section. within a State specifying different conditions, then that State law is adopted (c) If a park area is located within a in lieu of this paragraph. State having a mandatory boater education requirement, then that State re- (5) Unless a designated area is quirement is adopted. marked otherwise, operating a power- driven or sailing vessel within 500 feet § 3.7 What are the NPS Personal Float- of a shoreline designated as a swim- ation Device (PFD) requirements? ming beach. This prohibition does not apply in locations such as a river, (a) All requirements in Title 33 CFR channel, or narrow cove where passage part 175 related to PFDs are adopted. is restricted to less than 500 feet. In (b) The Superintendent may require such restrictive locations where swim that a PFD be worn or carried on des- beaches are designated, the operation ignated waters, at designated times of a vessel in excess of a flat wake and/or during designated water based speed is prohibited. activities in accordance with §§ 1.5 and (6) Operating a power-driven vessel 1.7 of this chapter. while a person is riding on the decking over the bow, gunwales, top edge of the § 3.8 What vessel operations are pro- transom, motor cover, or in any other hibited? unsafe position when the vessel is (a) The following operations are pro- being operated. This provision does not hibited: apply when that portion of the vessel is (1) Launching or operating an air- designed and constructed for the pur- boat. pose of carrying passengers safely at

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all speeds or when the vessel is maneu- Name Water type State vering for anchoring, docking or mooring. Padre Island National Seashore Open Ocean/Bay TX Pictured Rocks National Lake- Natural Lake ...... MI (7) Operating a power driven vessel shore. engine/s or generator with a person sit- Whiskeytown-Shasta-Trinity Na- Impounded Lake CA ting, riding or hanging on to a swim tional Recreation Area. platform or swim ladder. (8) Operating a vessel, or knowingly (b) Where authorized, operation of a allowing another person to operate a PWC on park waters is subject to the vessel in a negligent manner, by failing following conditions: to exercise that degree of care which a (1) No person may operate a PWC unreasonable person, under like cir- less each person aboard is wearing a cumstances, would demonstrate in Type I, II, III, or V PFD approved by order to prevent the endangering of the the United States Coast Guard. life, limb, or property of a person(s) (2) A person operating a PWC through the operator’s lack of knowl- equipped by the manufacturer with a edge, inattention, or general careless- lanyard-type engine cut-off switch ness. must attach such lanyard to his per- (9) Operating a vessel or knowingly son, clothing, or PFD, as appropriate allowing another person to operate a for the specific vessel. vessel in a grossly negligent manner, (3) No person may operate a PWC by willfully and wantonly creating an anytime between sunset and sunrise. unreasonable risk of harm to person(s) (4) No person may operate a PWC by or property, regardless of whether the jumping the wake, becoming partially operator intended to cause harm. airborne or completely leaving the § 3.9 May I operate my personal water while crossing the wake of an- watercraft (PWC) in park waters? other vessel within 100 feet of the vessel creating the wake. (a) A person may operate a PWC only in park areas where authorized by spe- (5) If a park area is located within a cial regulation. Special regulations State that has more restrictive regula- may only be promulgated in the 21 tions for the operation of PWC, then parks listed in the following table: applicable State law applies in lieu of paragraphs (b)(1) through (b)(4) of this Name Water type State section.

Amistad National Recreation Impounded Lake TX Area. § 3.10 What are the regulations regard- Assateague Island National Open Ocean/Bay MD/VA ing operating a vessel while under Seashore. the influence of alcohol and/or Bighorn Canyon National Impounded Lake MT drugs? Recreation Area. Big Thicket National Preserve .. River ...... TX (a) Operating or being in actual phys- Cape Cod National Seashore ... Open Ocean/Bay MA ical control of a vessel is prohibited Cape Lookout National Sea- Open Ocean/Bay NC shore. while: Chickasaw National Recreation Impounded Lake OK (1) Under the influence of alcohol, a Area. drug or drugs, or any combination Cumberland Island National Open Ocean/Bay GA Seashore. thereof, to a degree that renders the Curecanti National Recreation Impounded Lake CO operator incapable of safe operation; or Area. (2) The alcohol concentration in the Delaware Water Gap ...... River ...... PA/NJ Fire Island National Seashore .. Open Ocean/Bay NY operator’s blood or breath is 0.08 grams Gateway National Recreation Open Ocean/Bay NY or more of alcohol per 100 milliliters of Area. blood or 0.08 grams or more of alcohol Glen Canyon National Recre- Impounded Lake AZ/UT ation Area. per 210 liters of breath. Gulf Islands National Seashore Open Ocean/Bay FL/MS (b) If State law that applies to oper- Indiana Dunes National Lake- Natural Lake ...... IN ating a vessel while under the influence shore. Lake Mead National Recreation Impounded Lake AZ/NV of alcohol establishes more restrictive Area. limits of alcohol concentration in the Lake Meredith National Recre- Impounded Lake TX operator’s blood or breath, those limits ation Area. Lake Roosevelt National Recre- Impounded Lake WA apply rather than the limits specified ation Area. in paragraph (a) of this section.

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(c) The provisions of this section also tablished by the superintendent under apply to an operator who is or has been §§ 1.5 and 1.7 of this chapter. legally entitled to use alcohol or drugs. (b) Towing a person using a parasail, hang-glider or other airborne device § 3.11 When is testing for alcohol or may be allowed only in accordance drugs required? with a permit issued by the super- (a) At the request or direction of an intendent under § 1.6 of this chapter. authorized person who has probable (c) Where towing is designated, the cause to believe that an operator of a following conditions apply: vessel has violated provisions of § 3.10, (1) Towing is allowed only between the operator must submit to one or the hours of sunrise and sunset. more testing procedures of the blood, (2) In addition to the boat operator, a breath, saliva or urine for the purpose person at least 12 years of age must be of determining blood alcohol and/or drug content. present to observe the action of the (1) Refusal by an operator to submit person being towed. to a test is prohibited and proof of re- (3) A person being towed must wear a fusal may be admissible in any related United States Coast Guard approved judicial proceeding. Type I, II, III, or V PFD. (2) Any test or tests for the presence (4) A person being towed may not of alcohol and drugs must be deter- commit any act in a manner that en- mined by and administered at the di- dangers, or is likely to endanger, any rection of an authorized person. person or damage property. (3) Any test must be conducted by (5) Operating a vessel that does not using accepted scientific methods and have the capacity to carry the per- equipment of proven accuracy and reli- son(s) being towed in addition to the ability operated by personnel certified operator and observer is prohibited. in its use. (6) No person shall operate a power (b) The results of chemical or other driven vessel using a tow rope 20 feet or quantitative tests are intended to sup- less in length when towing a person. plement the elements of probable cause used as the basis for the arrest of an § 3.13 What conditions apply to the use operator charged with a violation of of Marine Sanitation Devices § 3.10. If the alcohol concentration in (MSD)? the operator’s blood or breath at the (a) Discharging sewage from any ves- time of testing is less than alcohol con- sel, whether treated or not, in any body centrations specified in § 3.10(a)(2), this of fresh water is prohibited. fact does not give rise to any presump- (b) The owner or operator of any ves- tion that the operator is or is not sel on park fresh water that is equipped under the influence of alcohol. with toilet facilities and/or a MSD that (c) The provisions of paragraph (b) of is capable of discharge, must lock or this section are not intended to limit the introduction of any other com- otherwise secure the valves or mecha- petent evidence bearing upon the ques- nism of the device. Acceptable methods tion of whether the operator, at the of securing the device include: time of the alleged violation, was (1) Closing the seacock and removing under the influence of alcohol, or a the handle; drug, or drugs, or any combination (2) Padlocking the seacock in the thereof. closed position; (3) Using a non-releasable wire-tie to [72 FR 13702, Mar. 23, 2007, as amended at 80 FR 36476, June 25, 2015] hold the seacock in the closed position; or § 3.12 May I use a vessel to tow a per- (4) Locking the door to the space en- son for water skiing or other simi- closing the toilets with a padlock or lar activities? door handle key lock. (a) The towing of a person by a vessel (c) The superintendent may modify is allowed only in designated waters, the requirements of this section and in accordance with conditions es- through a special regulation.

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§ 3.14 Am I required to remove a sunk- § 3.17 What regulations apply to swim- en, grounded, or disabled vessel? ming areas and beaches? (a) Except as provided in paragraph (a) The superintendent may des- (b) of this section, the owners or au- ignate areas as swimming areas or thorized salvager of a sunken, ground- swimming beaches in accordance with ed, or disabled vessel must remove the §§ 1.5 and 1.7 of this chapter. vessel, all component parts and equip- (b) Within designated swimming ment, and all associated cargo thereof areas, the use of a surfboard or similar in accordance with procedures estab- rigid device is prohibited. lished by the superintendent. In estab- (c) The superintendent may prohibit lishing removal procedures, the super- the use or possession of flotation de- intendent is authorized to: vices, glass containers, kites, or incom- (1) Establish a reasonable date by patible activities in swimming areas or which vessel removal operations must swimming beaches in accordance with be complete; §§ 1.5 and 1.7 of this chapter. (2) Determine times and means of access to and from the vessel; and § 3.18 May I snorkel or underwater (3) Specify the manner or method of dive in park waters? removal. (a) Snorkeling and underwater diving (b) The superintendent may waive is allowed in park waters, subject to the requirements of paragraph (a) of closures or restrictions designated by this section or prohibit removal of the the superintendent in accordance with vessel, equipment, or cargo upon a §§ 1.5 and 1.7 of this chapter. written determination that: (b) In waters open to the use of ves- (1) The removal would constitute an sels, a diver must prominently display unacceptable risk to human life; a dive flag during dive operations. A (2) The removal would result in ex- dive flag must not be displayed unless tensive resource damage; or dive operations are ongoing. (3) The removal is impracticable or (c) The dive flag must be illuminated impossible. when dive operations take place between sunset and sunrise. The dive flag § 3.15 What is the maximum noise level illumination may not consist of lights for the operation of a vessel? that may be confused with navigation (a) A person may not operate a vessel lights or aids to navigation lights. at a noise level exceeding: (d) While on the surface, submerging (1) 75dB(A) measured utilizing test or surfacing the diver must remain procedures applicable to vessels under- within a 100 feet horizontal radius of way (Society of Automotive Engineers the diver flag. SAE—J1970); or (e) If State laws or regulations exist (2) 88dB(A) measured utilizing test concerning snorkeling activities, those procedures applicable to stationary provisions of State law or regulation vessels (Society of Automotive Engi- are adopted. neers SAE—J2005). (b) An authorized person who has rea- § 3.19 May I operate a submersible son to believe that a vessel is being op- within park waters? erated in excess of the noise levels es- The use of manned or unmanned tablished in paragraph (a) of this sec- submersibles may only occur in accord- tion may direct the operator of the ves- ance with a permit issued by the super- sel to submit the vessel to an on-site intendent under § 1.6 of this chapter. test to measure the noise level. PART 4—VEHICLES AND TRAFFIC § 3.16 May I swim or wade in park waters? SAFETY

Swimming or wading is allowed in Sec. waters, subject to closures or restric- 4.1 Applicability and scope. tions designated by the superintendent 4.2 State law applicable. in accordance with §§ 1.5 and 1.7 of this 4.3 Authorized emergency vehicles. chapter. 4.4 Report of motor vehicle accident.

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4.10 Travel on park roads and designated superintendent as soon as practicable, routes. but within 24 hours of the accident. If 4.11 Load, weight and size limits. the operator is physically incapable of 4.12 Traffic control devices. 4.13 Obstructing traffic. reporting the accident, an occupant of 4.14 Open container of alcoholic beverage. the vehicle shall report the accident to 4.15 Safety belts. the superintendent. 4.20 Right of way. (b) A person shall not tow or move a 4.21 Speed limits. vehicle that has been involved in an ac- 4.22 Unsafe operation. cident without first notifying the su- 4.23 Operating under the influence of alcohol or drugs. perintendent unless the position of the 4.30 Bicycles. vehicle constitutes a hazard or prior 4.31 Hitchhiking. notification is not practicable, in AUTHORITY: 54 U.S.C. 100101, 100751, 320102. which case notification shall be made before the vehicle is removed from the SOURCE: 52 FR 10683, Apr. 2, 1987, unless park area. otherwise noted. (c) Failure to comply with a report- § 4.1 Applicability and scope. ing requirement specified in paragraph (a) or (b) of this section is prohibited. The applicability of the regulations in this part is described in § 1.2 of this (d) The notification requirements im- chapter. The regulations in this part posed by this section do not relieve the also apply, regardless of land owner- operator and occupants of a motor ve- ship, on all roadways and parking areas hicle involved in an accident of the re- within a park area that are open to sponsibility to satisfy reporting re- public traffic and that are under the quirements imposed by State law. legislative jurisdiction of the United § 4.10 Travel on park roads and des- States. ignated routes. § 4.2 State law applicable. (a) Operating a motor vehicle is pro- (a) Unless specifically addressed by hibited except on park roads, in park- regulations in this chapter, traffic and ing areas and on routes and areas des- the use of vehicles within a park area ignated for off-road motor vehicle use. are governed by State law. State law (b) Routes and areas designated for that is now or may later be in effect is off-road motor vehicle use shall be pro- adopted and made a part of the regula- mulgated as special regulations. The tions in this part. designation of routes and areas shall (b) Violating a provision of State law comply with § 1.5 of this chapter and is prohibited. Executive Order 11644 (3 CFR, 1971–1975 Comp., p. 666). Routes and areas may be § 4.3 Authorized emergency vehicles. designated only in national recreation (a) The operator of an authorized areas, national seashores, national emergency vehicle, when responding to lakeshores and national preserves. an emergency or when pursuing or ap- (c) The following are prohibited: prehending an actual or suspected vio- (1) Operating a motor vehicle not lator of the law, may: equipped with pneumatic tires, except (1) Disregard traffic control devices; that a track-laying motor vehicle or a (2) Exceed the speed limit; and motor vehicle equipped with a similar (3) Obstruct traffic. traction device may be operated on a (b) The provisions of paragraph (a) of route designated for these vehicles by this section do not relieve the operator the superintendent. from the duty to operate with due re- (2) Operating a motor vehicle in a gard for the safety of persons and prop- manner that causes unreasonable dam- erty. age to the surface of a park road or route. § 4.4 Report of motor vehicle accident. (3) Operating a motor vehicle on a (a) The operator of a motor vehicle route or area designated for off-road involved in an accident resulting in motor vehicle use, from 1⁄2 hour after property damage, personal injury or sunset to 1⁄2 hour before sunrise, with- death shall report the accident to the out activated headlights and taillights

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that meet the requirements of State provisions of this section that pertain law for operation on a State highway. to the storage of an open container. (b) Carrying or storing a bottle, can [52 FR 10683, Apr. 2, 1987, as amended at 80 FR 36476, June 25, 2015] or other receptacle containing an alcoholic beverage that is open, or has been § 4.11 Load, weight and size limits. opened, or whose seal is broken or the (a) Vehicle load, weight and size lim- contents of which have been partially its established by State law apply to a removed, within a motor vehicle in a vehicle operated on a park road. How- park area is prohibited. (c) This section does not apply to: ever, the superintendent may designate (1) An open container stored in the more restrictive limits when appro- trunk of a motor vehicle or, if a motor priate for traffic safety or protection of vehicle is not equipped with a trunk, to the road surface. The superintendent an open container stored in some other may require a permit and establish portion of the motor vehicle designed conditions for the operation of a vehi- for the storage of luggage and not nor- cle exceeding designated limits. mally occupied by or readily accessible (b) The following are prohibited: (1) Operating a vehicle that exceeds a to the operator or passengers; or (2) An open container stored in the load, weight or size limit designated by living quarters of a motor home or the superintendent. (2) Failing to obtain a permit when camper; or (3) Unless otherwise prohibited, an required. (3) Violating a term or condition of a open container carried or stored in a permit. motor vehicle parked at an authorized (4) Operating a motor vehicle with an campsite where the motor vehicle’s oc- auxiliary detachable side mirror that cupant(s) are camping. extends more than 10 inches beyond the (d) For the purpose of paragraph side fender line except when the motor (c)(1) of this section, a utility compart- vehicle is towing a second vehicle. ment or glove compartment is deemed (c) Violating a term or condition of a to be readily accessible to the operator permit may also result in the suspen- and passengers of a motor vehicle. sion or revocation of the permit by the § 4.15 Safety belts. superintendent. (a) Each operator and passenger oc- § 4.12 Traffic control devices. cupying any seating position of a Failure to comply with the directions motor vehicle in a park area will have of a traffic control device is prohibited the safety belt or child restraint sys- unless otherwise directed by the super- tem properly fastened at all times intendent. when the vehicle is in motion. The safety belt and child restraint system § 4.13 Obstructing traffic. will conform to applicable United States Department of Transportation The following are prohibited: standards. (a) Stopping or parking a vehicle (b) This section does not apply to an upon a park road, except as authorized occupant in a seat that was not origi- by the superintendent, or in the event nally equipped by the manufacturer of an accident or other condition be- with a safety belt nor does it apply to yond the control of the operator. a person who can demonstrate that a (b) Operating a vehicle so slowly as medical condition prevents restraint to interfere with the normal flow of by a safety belt or other occupant re- traffic. straining device. § 4.14 Open container of alcoholic bev- [62 FR 61633, Nov. 19, 1997] erage. (a) Each person within a motor vehi- § 4.20 Right of way. cle is responsible for complying with An operator of a motor vehicle shall the provisions of this section that per- yield the right of way to pedestrians, tain to carrying an open container. The saddle and pack animals and vehicles operator of a motor vehicle is the per- drawn by animals. Failure to yield the son responsible for complying with the right of way is prohibited.

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§ 4.21 Speed limits. hind the motor vehicle unless specifi- (a) Park area speed limits are as fol- cally designed for carrying passengers lows: while being towed; or (1) 15 miles per hour: within all (ii) On any exterior portion of the school zones, campgrounds, picnic motor vehicle not designed or intended areas, parking areas, utility areas, for the use of a passenger. This restric- business or residential areas, other tion does not apply to a person seated places of public assemblage and at on the floor of a truck bed equipped emergency scenes. with sides, unless prohibited by State (2) 25 miles per hour: upon sections of law. park road under repair or construction. § 4.23 Operating under the influence of (3) 45 miles per hour: upon all other alcohol or drugs. park roads. (b) The superintendent may des- (a) Operating or being in actual phys- ignate a different speed limit upon any ical control of a motor vehicle is pro- park road when a speed limit set forth hibited while: in paragraph (a) of this section is de- (1) Under the influence of alcohol, or termined to be unreasonable, unsafe or a drug, or drugs, or any combination inconsistent with the purposes for thereof, to a degree that renders the which the park area was established. operator incapable of safe operation; or Speed limits shall be posted by using (2) The alcohol concentration in the standard traffic control devices. operator’s blood or breath is 0.08 grams (c) Operating a vehicle at a speed in or more of alcohol per 100 milliliters of excess of the speed limit is prohibited. blood or 0.08 grams or more of alcohol (d) An authorized person may utilize per 210 liters of breath. Provided how- radiomicrowaves or other electrical de- ever, that if State law that applies to vices to determine the speed of a vehi- operating a motor vehicle while under cle on a park road. Signs indicating the influence of alcohol establishes that vehicle speed is determined by the more restrictive limits of alcohol con- use of radiomicrowaves or other elec- centration in the operator’s blood or trical devices are not required. breath, those limits supersede the limits specified in this paragraph. § 4.22 Unsafe operation. (b) The provisions of paragraph (a) of (a) The elements of this section con- this section also apply to an operator stitute offenses that are less serious who is or has been legally entitled to than reckless driving. The offense of use alcohol or another drug. reckless driving is defined by State law (c) Tests. (1) At the request or direc- and violations are prosecuted pursuant tion of an authorized person who has to the provisions of section 4.2 of this probable cause to believe that an oper- chapter. ator of a motor vehicle within a park (b) The following are prohibited: area has violated a provision of para- (1) Operating a motor vehicle without graph (a) of this section, the operator due care or at a speed greater than shall submit to one or more tests of the that which is reasonable and prudent breath, saliva, or urine for the purpose considering wildlife, traffic, weather, of determining blood alcohol and drug road and light conditions and road content. character. (2) Refusal by an operator to submit (2) Operating a motor vehicle in a to a test under paragraph (c)(1) is pro- manner which unnecessarily causes its hibited and proof of refusal may be ad- tires to squeal, skid or break free of missible in any related judicial pro- the road surface. ceeding. (3) Failing to maintain that degree of (3) Absent exigent circumstances, an control of a motor vehicle necessary to operator cannot ordinarily be required avoid danger to persons, property or to submit blood samples for the pur- wildlife. pose of determining blood alcohol and (4) Operating a motor vehicle while drug content unless it occurs through a allowing a person to ride: search warrant. An authorized person (i) On or within any vehicle, trailer who has probable cause to believe that or other mode of conveyance towed be- an operator of a motor vehicle within a

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park area has violated a provision of (1) Make a written determination paragraph (a) of this section shall get a that such bicycle use is consistent with search warrant, except when exigent protection of the park area’s natural, circumstances exist, to obtain any scenic and aesthetic values, safety con- blood samples from the operator for siderations and management objec- the purpose of determining blood alco- tives, and will not disturb wildlife or hol and drug content. park resources; and (4) Any test or tests for the presence (2) Notify the public through one or of alcohol and drugs shall be deter- more methods listed in § 1.7(a) of this mined by and administered at the di- chapter. rection of an authorized person. (c) [Reserved] (5) Any test shall be conducted by (d) Existing trails. The superintendent using accepted scientific methods and may authorize by designation bicycle equipment of proven accuracy and reli- use on a hiking or horse trail that cur- ability operated by personnel certified rently exists on the ground and does in its use. not require any construction or signifi- (d) Presumptive levels. (1) The results cant modification to accommodate bi- of chemical or other quantitative tests cycles. Before doing so, the super- are intended to supplement the ele- intendent must ensure that all of the ments of probable cause used as the following requirements have been sat- basis for the arrest of an operator charged with a violation of paragraph isfied: (a)(1) of this section. If the alcohol con- (1) The superintendent must com- centration in the operator’s blood or plete a park planning document that breath at the time of testing is less addresses bicycle use on the specific than alcohol concentrations specified trail and that includes an evaluation in paragraph (a)(2) of this section, this of: fact does not give rise to any presump- (i) The suitability of the trail surface tion that the operator is or is not and soil conditions for accommodating under the influence of alcohol. bicycle use. The evaluation must in- (2) The provisions of paragraph (d)(1) clude any maintenance, minor rehabili- of this section are not intended to tation or armoring that is necessary to limit the introduction of any other upgrade the trail to sustainable condi- competent evidence bearing upon the tion; and question of whether the operator, at (ii) Life cycle maintenance costs, the time of the alleged violation, was safety considerations, methods to pre- under the influence of alcohol, or a vent or minimize user conflict, meth- drug, or drugs, or any combination ods to protect natural and cultural re- thereof. sources and mitigate impacts, and integration with commercial services and [52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003; 83 FR 26595, June 8, alternative transportation systems (if 2018] applicable). (2) The superintendent must com- § 4.30 Bicycles. plete either an environmental assess- (a) Park roads. The use of a bicycle is ment (EA) or an environmental impact permitted on park roads and in parking statement (EIS) evaluating the effects areas that are otherwise open for of bicycle use in the park and on the motor vehicle use by the general pub- specific trail. The superintendent must lic. provide the public with notice of the (b) Administrative roads. Administra- availability of the EA and at least 30 tive roads are roads that are closed to days to review and comment on an EA motor vehicle use by the public, but completed under this section. open to motor vehicle use for adminis- (3) The superintendent must com- trative purposes. The superintendent plete a written determination stating may authorize bicycle use on an ad- that the addition of bicycle use on the ministrative road. Before authorizing existing hiking or horse trail is con- bicycle use on an administrative road sistent with the protection of the park the superintendent must: area’s natural, scenic and aesthetic

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values, safety considerations and man- Director’s written approval of the de- agement objectives, and will not dis- termination required by paragraph turb wildlife or park resources. (d)(3) of this section; and promulgates a (4)(i) If under paragraph (d)(2) of this special regulation authorizing the bi- section, the resulting Finding of No cycle use. Significant Impact, Record of Decision (f) Closures and other use restrictions. (ROD), or an amended ROD concludes A superintendent may limit or restrict that bicycle use on the specific trail or impose conditions on bicycle use or will have no significant impacts, the may close any park road, parking area, superintendent must publish a notice administrative road, trail, or portion in the FEDERAL REGISTER providing the thereof to bicycle use, or terminate public at least 30 days to review and such condition, closure, limit or re- comment on the written determination striction after: required by paragraph (d)(3) of this sec- (1) Taking into consideration public tion. After consideration of the com- health and safety, natural and cultural ments submitted, the superintendent resource protection, and other manage- must obtain the Regional Director’s ment activities and objectives; and written approval of the determination (2) Notifying the public through one required by paragraph (d)(3) of this sec- or more methods listed in § 1.7(a) of tion; or this chapter. (ii) If under paragraph (d)(2) of this (g) Other requirements. (1) A person section, the conclusion is that bicycle operating a bicycle on any park road, use on the specific trail may have a parking area, administrative road or significant impact, the superintendent designated trail is subject to all sec- with the concurrence of the Regional tions of this part that apply to an oper- Director must complete a concise writ- ator of a motor vehicle, except §§ 4.4, ten statement for inclusion in the 4.10, 4.11, 4.14, and 4.15. project files that bicycle use cannot be authorized on the specific trail. (2) Unless specifically addressed by regulations in this chapter, the use of a (e) New trails. This paragraph applies to new trails that do not exist on the bicycle within a park area is governed ground and therefore would require by State law. State law concerning bi- trail construction activities (such as cycle use that is now or may later be in clearing brush, cutting trees, exca- effect is adopted and made a part of vation, or surface treatment). New this section. trails shall be developed and con- (h) Prohibited acts. The following are structed in accordance with appro- prohibited: (1) Bicycle riding off of priate NPS sustainable trail design park roads and parking areas, except principles and guidelines. The super- on administrative roads and trails that intendent may develop, construct, and have been authorized for bicycle use. authorize new trails for bicycle use (2) Possessing a bicycle in a wilder- after: ness area established by Federal stat- (1) In a developed area, the super- ute. intendent completes the requirements (3) Operating a bicycle during periods in paragraphs (d)(1) through (d)(3) of of low visibility, or while traveling this section, publishes a notice in the through a tunnel, or between sunset FEDERAL REGISTER providing the public and sunrise, without exhibiting on the at least 30 days to review and comment operator or bicycle a white light or re- on the written determination required flector that is visible from a distance by paragraph (d)(3) of this section, and of at least 500 feet to the front and with after consideration of the comments a red light or reflector that is visible submitted, obtains the Regional Direc- from at least 200 feet to the rear. tor’s written approval of the deter- (4) Operating a bicycle abreast of an- mination required by paragraph (d)(3) other bicycle except where authorized of this section; or by the superintendent. (2) Outside of a developed area, the (5) Operating a bicycle while con- superintendent completes the require- suming an alcoholic beverage or car- ments in paragraphs (d)(1), (2), and (3) rying in hand an open container of an of this section; obtains the Regional alcoholic beverage.

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(6) Any violation of State law adopt- weight, shall conform with all applica- ed by this section. ble Federal, State, and local laws and regulations (See also § 2.35 of this chap- [77 FR 39937, July 6, 2012] ter.) § 4.31 Hitchhiking. (b) No such liquor shall be sold on any privately owned lands under the Hitchhiking or soliciting transpor- legislative jurisdiction of the United tation is prohibited except in des- States within Glacier, Lassen Volcanic ignated areas and under conditions es- Mesa Verde, Denali, Mount Rainier, tablished by the superintendent. Olympic, Rocky Mountain, Sequoia- Kings Canyon, Yellowstone, or Yosem- PART 5—COMMERCIAL AND ite National Parks, unless a permit for PRIVATE OPERATIONS the sale thereof has first been secured from the appropriate Regional Direc- Sec. tor. 5.1 Advertisements. (1) In granting or refusing applica- 5.2 Alcoholic beverages; sale of intoxicants. tions for permits as herein provided, 5.3 Business operations. 5.4 Commercial passenger-carrying motor the Regional Directors shall take into vehicles. consideration the character of the 5.5 Commercial filming, still photography, neighborhood, the availability of other and audio recording. liquor-dispensing facilities, the local 5.6 Commercial vehicles. laws governing the sale of liquor, and 5.7 Construction of buildings or other facili- any other local factors which have a ties. relationship to the privilege requested. 5.8 Discrimination in employment prac- (2) A fee will be charged for the tices. 5.9 Discrimination in furnishing public ac- issuance of such a permit, cor- commodations and transportation serv- responding to that charged for the ex- ices. ercise of similar privileges outside the 5.10 Eating, drinking, or lodging establish- park area boundaries by the State gov- ments. ernment, or appropriate political sub- 5.11–5.12 [Reserved] division thereof within whose exterior 5.13 Nuisances. boundaries the place covered by the 5.14 Prospecting, mining, and mineral leasing. permit is situated. (3) The applicant or permittee may AUTHORITY: 54 U.S.C. 100101, 100751, 320102. appeal to the Director from any final SOURCE: 31 FR 16660, Dec. 29, 1966, unless action of the appropriate Regional Di- otherwise noted. rector refusing, conditioning or revoking the permit. Such an appeal shall be § 5.1 Advertisements. filed, in writing, within 20 days after Commercial notices or advertise- receipt of notice by the applicant or ments shall not be displayed, posted, or permittee of the action appealed from. distributed on federally owned or con- Any final decision of the Director may trolled lands within a park area unless be appealed to the Secretary of the In- prior written permission has been terior within 15 days after receipt of given by the Superintendent. Such per- notice by the applicant or permittee of mission may be granted only if the no- the Director’s decision. tice or advertisement is of goods, serv- (4) The permit for sale of intoxicating ices, or facilities available within the liquors shall contain such general and park area and such notices and adver- special conditions as the Regional Di- tisements are found by the Super- rector may deem reasonably necessary intendent to be desirable and necessary to insure safe and orderly management for the convenience and guidance of the of the park area. public. (5) The permittee shall comply with all State and county laws and regula- § 5.2 Alcoholic beverages; sale of in- tions, other than fee and license re- toxicants. quirements, which would be applicable (a) The sale of alcoholic, spirituous, to the premises and to the sale and dis- vinous, or fermented liquor, containing pensing of intoxicating beverages if the more than 1 percent of alcohol by privately owned lands were not subject

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to the jurisdiction of the United other compensation for organizing, ad- States. vertising, promoting, soliciting or sell- [31 FR 16660, Dec. 29, 1966, as amended at 35 ing the trip or tour of which such FR 12542, Aug. 6, 1970; 65 FR 37878, June 19, transportation is a part. 2000] (2) Transportation is commercial if payment therefor is made directly or § 5.3 Business operations. indirectly to the operator: Provided, Engaging in or soliciting any busi- That bona fide sharing of actual ex- ness in park areas, except in accord- penses will not be deemed a payment. ance with the provisions of a permit, (3) Transportation by a motor vehicle contract, or other written agreement licensed as a commercial vehicle, or of with the United States, except as such commercial type, will be presumed to may be specifically authorized under be commercial unless otherwise estab- special regulations applicable to a park lished to the satisfaction of the Super- area, is prohibited. intendent or his authorized representa- § 5.4 Commercial passenger-carrying tive. motor vehicles. (4) Transportation will not be deemed (a) The commercial transportation of commercial for the sole reason that the passengers by motor vehicles except as motor vehicle is chartered or rented in authorized under a contract or permit good faith to the operator, by the from the Secretary or his authorized owner, for general use at a charge representative is prohibited in Crater based upon time or mileage or both. Lake (prohibition is limited to sight- Nothing in this section is intended to seeing tours on the rim drive), Glacier prohibit the operation of pleasure type (prohibition does not apply to non- automobiles rented without a driver on scheduled tours on portions of the park the normal terms from the owner. road as defined in § 7.3 of this chapter), (5) Subject to the provision of para- Grand Canyon (prohibition does not graph (a)(1) of this section, transpor- apply to the north rim or to non- tation is not commercial if it is a part scheduled tours as defined in § 7.4 of of a trip or tour initiated, organized, this chapter), Grand Teton (prohibition and directed by an established bona does not apply to those portions of fide school or college, institution, soci- Highways Nos. 26, 89, 187, and 287 com- ety or other organization, as a non- mencing at the south boundary of the profit activity of such organization, park and running in a general north- and if all passengers are students, fac- erly direction to the east and north ulty, members, or employees of such boundaries of the park), Mesa Verde organization, or otherwise connected (prohibition does not apply to trans- therewith, provided that credentials portation between points within the are presented at the park entrance park and outside points), Denali Na- from the head of such institution or or- tional Park and Preserve (prohibition ganization indicating the trip is in ac- does not apply to that portion of the Denali Park road between the Highway cordance with the provisions stipulated 3 junction and the Denali Park Rail- herein. Clubs or associations having as road Depot), Sequoia-Kings Canyon, a principal purpose the arranging of Yellowstone (prohibition does not tours, trips, or transportation for their apply to nonscheduled tours as defined members will not qualify for admission in § 7.13 of this chapter, nor to that por- into the above-named parks under the tion of U.S. Highway 191 traversing the provision of this paragraph. northwest corner of the park) and Yo- (6) As used in this section, ‘‘owner’’ semite National Parks. The following means the person or organization hav- principles will govern the interpreta- ing legal title, or all the incidents of tion and enforcement of the section: ownership other than legal title, of a (1) Transportation is commercial if it motor vehicle by which passengers may is operated primarily as a business ac- be transported, and includes a reg- tivity or for profit of the operator, or if istered owner or a purchaser under a any person or organization may receive conditional sales contract. ‘‘Operator’’ a profit, commission, fee, brokerage or means the person, organization, or

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group that arranges for the transpor- audio recording permits issued under tation, assumes responsibility for fi- this part. nancial risk and management, and de- (e) Information collection. The Office termines who shall be transported upon of Management and Budget (OMB) has what terms, conditions, or charges. approved the information collection re- The operator may be the owner, but quirements associated with National need not be. Park Service commercial filming per- (b) Passenger-carrying motor vehi- mits and assigned OMB Control Num- cles, otherwise admissible, that are so ber 1024–0026. Your response is required large as to require special escort in to obtain or retain a benefit. We may order to proceed safely over park roads, not collect or sponsor and you are not or which in the judgment of the Super- required to respond to an information intendent are beyond the carrying ca- collection unless it displays a cur- pacity or safety factor of the roads, rently valid OMB control number. You will not be permitted in the parks, ex- may send comments on this informa- cept that, where they may satisfaction collection requirement to the In- torily enter and travel to park head- formation Collection Clearance Officer, quarters they may be parked there dur- National Park Service, 1849 C Street, ing the period of stay. Washington, DC 20240. (5 U.S.C. 553; 39 Stat. 535; 16 U.S.C. 3) [78 FR 52094, Aug. 22, 2013] [31 FR 16660, Dec. 29, 1966, as amended at 37 § 5.6 Commercial vehicles. FR 12722, June 28, 1972; 38 FR 10639, Apr. 30, (a) The term ‘‘Commercial vehicle’’ 1973; 60 FR 35841, July 12, 1995; 65 FR 37878, June 19, 2000] as used in this section shall include, but not be limited to trucks, station § 5.5 Commercial filming, still photog- wagons, pickups, passenger cars or raphy, and audio recording. other vehicles when used in transporting movable property for a fee or (a) Commercial filming and still pho- profit, either as a direct charge to an- tography activities are subject to the other person, or otherwise, or used as provisions of 43 CFR part 5, subpart A. an incident to providing services to an- Failure to comply with any provision other person, or used in connection of 43 CFR part 5 is a violation of this with any business. section. (b) The use of government roads (b) Audio recording does not require within park areas by commercial vehi- a permit unless: cles, when such use is in no way con- (1) It takes place at location(s) where nected with the operation of the park or when members of the public are gen- area, is prohibited, except that in erally not allowed; emergencies the Superintendent may (2) It uses equipment that requires grant permission to use park roads. mechanical transport; (c) The Superintendent shall issue (3) It uses equipment that requires an permits for commercial vehicles used external power source other than a baton park area roads when such use is tery pack; or necessary for access to private lands (4) The agency would incur additional situated within or adjacent to the park administrative costs to provide man- area, to which access is otherwise not agement and oversight of the per- available. mitted activity to: (i) Avoid unacceptable impacts and § 5.7 Construction of buildings or impairment to resources or values; or other facilities. (ii) Minimize health or safety risks Constructing or attempting to con- to the visiting public. struct a building, or other structure, (c) Cost recovery charges associated boat dock, road, trail, path, or other with processing the permit request and way, telephone line, telegraph line, monitoring the permitted activity will power line, or any other private or pub- be collected. lic utility, upon across, over, through, (d) The location fee schedule for still or under any park areas, except in ac- photography conducted under a permit cordance with the provisions of a valid issued under 43 CFR part 5 applies to permit, contract, or other written

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agreement with the United States, is § 5.9 Discrimination in furnishing pub- prohibited. lic accommodations and transportation services. § 5.8 Discrimination in employment (a) The proprietor, owner or operator practices. and the employees of any hotel, inn, (a) The proprietor, owner, or operator lodge, or other facility or accommoda- of any hotel, inn, lodge or other facil- tion offered to or enjoyed by the gen- ity or accommodation offered to or en- eral public within a park area and, joyed by the general public within any while using such a park area, any com- park area is prohibited from discrimi- mercial passenger-carrying motor vehi- nating against any employee or main- cle service and its employees, are pro- taining any employment practice hibited from: (1) Publicizing the facili- which discriminates because of race, ties, accommodations or any activity creed, color, ancestry, sex, age, dis- conducted therein in any manner that abling condition, or national origin in would directly or inferentially reflect connection with any activity provided upon or question the acceptability of for or permitted by contract with or any person or persons because of race, permit from the Government or by de- creed, color, ancestry, sex, age, dis- rivative subcontract or sublease. As abling condition, or national origin; or used in this section, the term ‘‘em- (2) discriminating by segregation or ployment’’ includes, but is not limited otherwise against any person or per- to, employment, upgrading, demotion, sons because of race, creed, color, an- or transfer; recruitment, or recruit- cestry, sex, age, disabling condition, or national origin in furnishing or refus- ment advertising; layoffs or termi- ing to furnish such person or persons nation; rates of pay or other forms of any accommodation, facility, service, compensation; and selection for train- or privilege offered to or enjoyed by ing including apprenticeship. the general public. (b) Each such proprietor, owner or (b) Each such proprietor, owner, or operator shall post either the following operator shall post the following notice notice: at such locations as will insure that NOTICE the notice and its contents will be conspicuous to any person seeking accom- This is a facility operated in an area under modations, facilities, services, or privi- the jurisdiction of the United States Depart- leges: ment of the Interior. No discrimination in employment practices on the basis of race, NOTICE creed, color, ancestry, sex, age, disabling This is a facility operated in an area under condition, or national origin is permitted in the jurisdiction of the U.S. Department of this facility. Violations of this prohibition the Interior. are punishable by fine, imprisonment, or No discrimination by segregation or other both. means in the furnishing of accommodations, Complaints or violations of this prohibi- facilities, services, or privileges on the basis tion should be addressed to the Director, Na- of race, creed, color, ancestry, sex, age, dis- tional Park Service, P.O. Box 37127, Wash- abling condition or national origin is per- ington, D.C. 20013–7127. mitted in the use of this facility. Violations or notices supplied in accordance with of this prohibition are punishable by fine, imprisonment, or both. Executive Order 11246 at such locations Complaints of violations of this prohibi- as will ensure that the notice and its tion should be addressed to the Director, Na- contents will be conspicuous to any tional Park Service, P.O. Box 37127, Wash- person seeking employment. ington, D.C. 20013–7127. (c) The regulations contained in this (c) The regulations contained in this section apply, regardless of land owner- section apply, regardless of land ownership, on all lands and waters within a ship, on all lands and waters within a park area that are under the legislative park area that are under the legislative jurisdiction of the United States. jurisdiction of the United States. [31 FR 16660, Dec. 29, 1966, as amended at 52 [31 FR 16660, Dec. 29, 1966, as amended at 52 FR 35240, Sept. 18, 1987; 53 FR 740, Jan. 12, FR 35240, Sept. 18, 1987; 53 FR 740, Jan. 12, 1988] 1988]

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§ 5.10 Eating, drinking, or lodging es- eral mining laws and leasing under the tablishments. mineral leasing laws are prohibited in (a) No establishment offering food, park areas except as authorized by law. drink, or lodging for sale on any privately owned lands under the legisla- PART 6—SOLID WASTE DISPOSAL tive jurisdiction of the United States SITES IN UNITS OF THE NATIONAL within Glacier, Lassen Volcanic, Mesa PARK SYSTEM Verde, Denali, Mount Rainier, Olym- pic, Rocky Mountain, Sequoia-Kings Sec. Canyon, Yellowstone, and Yosemite 6.1 Purpose. National Parks may be operated with- 6.2 Applicability and scope. out a permit obtained from the Super- 6.3 Definitions. intendent. Such permit may include 6.4 Solid waste disposal sites not in oper- terms and conditions deemed necessary ation on September 1, 1984. by the Superintendent to the health, 6.5 Solid waste disposal sites in operation safety and welfare of the public and it on September 1, 1984. may be revoked upon failure to comply 6.6 Solid waste disposal sites within new ad- with the requirements of paragraphs ditions to the National Park System. 6.7 Mining wastes. (b) and (c) of this section or the condi- 6.8 National Park Service solid waste re- tions set forth in the permit. sponsibilities. (b) Such establishment shall be 6.9 Permits. maintained and operated in accordance 6.10 Financial assurance. with the rules and regulations rec- 6.11 Appeals. ommended by the U.S. Public Health 6.12 Prohibited acts and penalties. Service for such establishments, and AUTHORITY: 54 U.S.C. 100101, 100751, 100903. the substantive requirements of State and local laws and regulations relating SOURCE: 59 FR 65957, Dec. 22, 1994, unless to such establishments, which would otherwise noted. apply if such privately owned lands § 6.1 Purpose. were not subject to the jurisdiction of the United States. In the event of con- (a) The regulations contained in this flict or inconsistency between such part prohibit the operation of any solid U.S. Public Health Service rec- waste disposal site, except as specifi- ommendations and State or local laws cally provided for, and govern the con- the former shall prevail. tinued use of any existing solid waste (c) The Superintendent shall have the disposal site within the boundaries of right to inspect such establishments at any unit of the National Park System. reasonable times to determine whether (b) The purpose of the regulations in the establishment is being operated in this part is to ensure that all activities accordance with the applicable rules within the boundaries of any unit of and regulations and in accordance with the National Park System resulting the provisions of the permit. from the operation of a solid waste disposal site are conducted in a manner to [31 FR 16660, Dec. 29, 1966, as amended at 65 FR 37878, June 19, 2000] prevent the deterioration of air and water quality, to prevent degradation §§ 5.11–5.12 [Reserved] of natural and cultural, including archeological, resources, and to reduce § 5.13 Nuisances. adverse effects to visitor enjoyment. The creation or maintenance of a (c) The regulations in this part inter- nuisance upon the federally owned pret and implement Pub. L. 98–506, 98 lands of a park area or upon any pri- Stat. 2338 (16 U.S.C. 460l–22(c)). vate lands within a park area under the exclusive legislative jurisdiction of the § 6.2 Applicability and scope. United States is prohibited. (a) The regulations contained in this part apply to all lands and waters with- § 5.14 Prospecting, mining, and min- in the boundaries of all units of the Na- eral leasing. tional Park System, whether federally Prospecting, mining, and the loca- or nonfederally owned, and without re- tion of mining claims under the gen- gard to whether access to a solid waste

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disposal site requires crossing feder- ern the continued use of existing solid ally-owned or controlled lands or waste disposal sites operated by the waters. National Park Service. However, the (b) The regulations contained in this permit, financial assurance, adminis- part govern: trative and penalty provisions of this (1) The use of solid waste disposal part do not apply to any solid waste sites not in operation on September 1, disposal site operated by the National 1984, including the approval of new Park Service. solid waste disposal sites; (2) The continued use or closure of § 6.3 Definitions. solid waste disposal sites that were in The following definitions apply to operation on September 1, 1984; this part: (3) The continued use or closure of Agricultural solid waste means solid solid waste disposal sites on lands or waste that is generated by the rearing waters added to the National Park Sys- or harvesting of animals, or the pro- tem after January 23, 1995. ducing or harvesting of crops or trees. (c) Exceptions. Boundaries means the limits of lands (1) The regulations contained in this or waters that constitute a unit of the part do not govern the disposal of resi- National Park System as specified by dential or agricultural solid wastes in a Congress, denoted by Presidential site by a person who can show that he Proclamation, recorded in the records or she: of a State or political subdivision in (i) Resides within the boundaries of accordance with applicable law, pub- the unit; lished pursuant to law, or otherwise (ii) Generates the residential or agri- published or posted by the National cultural solid waste within the bound- Park Service. aries of the unit; Closure and Post-closure care means (iii) Disposes of the solid waste only all of the requirements prescribed by 40 on lands that the person owns or leases CFR part 258, Criteria For Municipal within the unit; Solid Waste Landfills at 40 CFR 258.60 (iv) Does not engage in a solid waste and 258.61. disposal practice that poses a reasonable probability of adverse effects on Compostible materials means organic health or the environment, as de- substances that decay under natural scribed by the criteria in 40 CFR part and/or human-assisted conditions with- 257, Criteria For Classification Of Solid in relatively short time intervals, gen- Waste Disposal Facilities and Practices erally not in excess of ninety days. found at 40 CFR 257.3–1 to 257.3–8; and Degrade means to lessen or diminish (v) Is not required to possess a State in quantity, quality or value. or local permit or license for the dis- Hazardous waste means a waste de- posal of solid waste. fined by 40 CFR part 261, Identification (2) The exemption in paragraph (c)(1) And Listing Of Hazardous Waste. Haz- of this section does not apply to agri- ardous waste does not include any solid cultural solid waste consisting of a waste listed under 40 CFR 261.4(b). chemical used as a pesticide, an item Leachate means liquid that has per- used to apply, or a container used to colated through solid waste and has ex- store, a pesticide. tracted, dissolved or suspended mate- (3) Manure and crop residue returned rials in it. to the soil as a fertilizer or soil condi- Mining overburden means material tioner are not solid wastes for purposes overlying a mineral deposit that is re- of this part, and do not require a removed to gain access to that deposit. quest, environmental report, financial Mining wastes means residues that re- assurance or permit issued under this sult from the extraction of raw mate- part. rials from the earth. (d) The conditions in § 6.4(a) govern National Park Service activities means the establishment of new, or the expan- operations conducted by the National sion of existing, solid waste disposal Park Service or a National Park Serv- sites operated by the National Park ice contractor, concessionaire or com- Service. The conditions in § 6.5(c) gov- mercial use licensee.

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National Park System means any area § 6.4 Solid waste disposal sites not in of land or water now or hereafter ad- operation on September 1, 1984. ministered by the Secretary of the In- (a) No person may operate a solid terior through the National Park Serv- waste disposal site within the bound- ice for park, monument, historic, park- aries of a National Park System unit way, recreational or other purposes. that was not in operation on Sep- Natural resource means the compo- tember 1, 1984, unless the operator has nents of a park, both biotic and abi- shown and the Regional Director finds otic, including but not limited to, vege- that: tation, wildlife, fish, water, including (1) The solid waste is generated sole- surface and ground water, air, soils, ge- ly from National Park Service activi- ological features, including subsurface ties conducted within the boundaries of strata, the natural processes and inter- that unit of the National Park System; relationships that perpetuate such re- (2) There is no reasonable alternative sources, and attributes that contribute site outside the boundaries of the unit suitable for solid waste disposal; to visitor enjoyment. (3) The site will not degrade any of Operator means a person conducting the natural or cultural resources of the or proposing to conduct the disposal of unit; solid waste. (4) The site meets all other applica- PCBs or PCB item means an item as ble Federal, State and local laws and defined in 40 CFR part 761, Poly- regulations, including permitting re- chlorinated Biphenyls (PCBs) Manufac- quirements; turing, Processing, Distribution In (5) The site conforms to all of the re- Commerce, And Use Prohibitions at 40 strictions and criteria in 40 CFR 257.3– CFR 761.3(x). 1 to 257.3–8, and 40 CFR part 258, sub- Residential solid waste means waste parts B, C, D, E and F; generated by the normal activities of a (6) The site will not be used for the household, including, but not limited storage, handling, or disposal of a solid to, food waste, yard waste and ashes, waste containing: but not including metal or plastic. (i) Hazardous waste; Solid waste means garbage, refuse, (ii) Municipal solid waste incinerator ash; sludge from a waste treatment plant, (iii) Lead-acid batteries; water supply treatment plant, or air (iv) Polychlorinated Biphenyls pollution control facility and other dis- (PCBs) or a PCB Item; carded material, including solid, liquid, (v) A material registered as a pes- semisolid, and contained gaseous mate- ticide by the Environmental Protec- rial resulting from industrial, commer- tion Agency under the Federal Insecti- cial, mining and agricultural oper- cide, Fungicide and Rodenticide Act (7 ations or from community activities. U.S.C. 136 et seq.); ‘‘Solid waste’’ does not include a mate- (vi) Sludge from a waste treatment rial listed under 40 CFR 261.4(a). plant, septic system waste, or domestic Solid waste disposal site means land or sewage; water where deliberately discarded (vii) Petroleum, including used solid waste, as defined above, is dis- crankcase oil from a motor vehicle, or charged, deposited, injected, dumped, soil contaminated by such products; spilled, leaked, or placed so that such (viii) Non-sterilized medical waste; solid waste or a constituent thereof (ix) Radioactive materials; or may enter the environment or be emit- (x) Tires; ted into the air or discharged into (7) The site is located wholly on non- waters, including ground waters. Solid federal lands, except for NPS operated sites in units where nonfederal lands waste disposal sites include facilities are unavailable, or unsuitable and for the incineration of solid waste and there is no practicable alternative; transfer stations. Facilities for the (8) The site is not located within the management of compostible materials 500 year floodplain, or in a wetland; are not defined as solid waste disposal (9) The site is not located within one sites for the purposes of this part. mile of a National Park Service visitor

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center, campground, ranger station, State and local permits necessary for entrance station, or similar public use solid waste disposal; and facility, or a residential area; (9) An environmental report that in- (10) The site will not be detectable by cludes the following: the public by sight, sound or odor from (i) A description of the natural and a scenic vista, a public use facility, a cultural resources and visitor uses to designated or proposed wilderness area, be affected; a site listed on, or eligible for listing (ii) An assessment of hydrologic con- on, the National Register of Historic ditions of the disposal site with projec- Places, or a road designated as open to tions of leachate generation, composi- public travel; tion, flow paths and discharge areas (11) The site will receive less than 5 and geochemical fate of leachate con- tons per day of solid waste, on an aver- stituents; age yearly basis; and (iii) An analysis of the quantitative (12) The proposed closure and post- and qualitative extent to which nat- closure care is sufficient to protect the ural and cultural resources will be af- resources of the National Park System fected based on acceptable and appro- unit from degradation. priate monitoring of existing resource (b) A person proposing to operate a conditions; solid waste disposal site that was not (iv) Steps to be taken by the operator in operation on September 1, 1984, must to prevent degradation of air and water submit a request for a permit to the quality, to manage pests and vermin, proper Superintendent for review by and to minimize noise, odor, feeding by Regional Director demonstrating that native wildlife and conflicts with vis- the solid waste operation meets the itor uses; criteria in paragraph (a) of this sec- (v) An analysis of alternative location. The following information must tions and methods for the disposal of be included in a permit request: the solid waste; and (1) A map or maps, satisfactory to (vi) Any other information required the Regional Director, that adequately by the Regional Director to effectively shows the proposed area of solid waste analyze the effects that the proposed disposal, size of the area in acres, exist- solid waste disposal site may have on ing roads and proposed routes to and the preservation, management and from the area of operations and the lo- public use of the unit. cation and description of surface facili- (c) If the Regional Director finds that ties; the permit request and environmental report do not meet the conditions of (2) The name and legal addresses of approval set forth in paragraph (a) of the following: this section, the Regional Director (i) Owners of record of the land; and must reject the application and notify (ii) Any lessee, assignee or designee the proposed operator of the reasons of the owner, if the proposed operator for the rejection. is not the owner of the land; (3) The mode and frequency (in num- § 6.5 Solid waste disposal sites in oper- ber of trips per day) of transport and ation on September 1, 1984. size and gross weight of major vehic- (a) The operator of a solid waste dis- ular equipment to be used; posal site in operation as of September (4) The amount of solid waste to be 1, 1984, within the boundaries of a unit received, in average tons per day and of the National Park System, having average cubic yards per day; been in continuous operation on Janu- (5) The estimated capacity of the site ary 23, 1995, and who wishes to remain in cubic yards and tons; in operation, must submit to the prop- (6) A detailed plan of the daily site er Superintendent for review by the operations; Regional Director, within 180 calendar (7) A plan for the reclamation and days of January 23, 1995, a permit re- post closure care of the site after com- quest and an environmental report as pletion of solid waste disposal; described in § 6.4(b) (1)–(9). (8) Evidence that the proposed oper- (b) Any operator who fails to submit ator has obtained all other Federal, a request as described in paragraph (a)

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of this section will not be allowed to endar days of such notice, the operator continue operations and must imme- of the solid waste disposal site must diately fulfill all applicable closure and cease disposing of solid waste at the post-closure care requirements. site. The operator may resume dis- (c) The Regional Director may ap- posing of solid waste only upon submis- prove a request to allow the continued sion and approval of a permit request use of a solid waste disposal site only if and environmental report that the Re- the operator has shown and the Re- gional Director determines meet the gional Director finds that: conditions set forth in paragraph (c) of (1) Adverse effects resulting from this section. leachate, noise, odor, vehicular traffic, (e) Site expansions. (1) A request for litter and other activities upon natural an existing solid waste disposal site to and cultural resources will be ade- continue operations by expanding its quately mitigated; capacity, laterally or vertically, is con- (2) The proposed operator meets all sidered a request for a new solid waste other applicable Federal, State and disposal site and is subject to the con- local laws and regulations, including ditions of § 6.4(a), except as provided in permit requirements; paragraph (e)(2) of this section. (3) The site will no longer be used for (2) A request for an existing solid the storage, handling or disposal of a waste disposal site to continue oper- solid waste containing: ations by expanding its capacity, lat- (i) Hazardous waste; erally or vertically, will be judged by (ii) Municipal solid waste incinerator the approval conditions of paragraph ash; (c) of this section if the operator shows (iii) Lead-acid batteries; that: (iv) Polychlorinated Biphenyls (i) The solid waste is generated solely (PCBs) or a PCB Item; from sources within the boundaries of (v) A material registered as a pes- the unit; ticide by the Environmental Protec- (ii) The area proposed for site expan- tion Agency under the Federal Insecti- sion encompasses only nonfederal lands cide, Fungicide and Rodenticide Act (7 owned or leased by the operator; and U.S.C. 136 et seq.); (iii) the solid waste disposal site (vi) Sludge from a waste treatment lacks road, rail, or adequate water ac- plant, septic system waste or domestic cess to any lands outside the unit for sewage; all or substantial portions of the year. (vii) Petroleum, including used (f) After January 23, 1995, an operator crankcase oil from a motor vehicle, or of an NPS-approved existing landfill soil contaminated by such products; solid waste disposal site may convert (viii) Non-sterilized medical waste; that site to a transfer station only (ix) Radioactive materials; or after submitting a request under para- (x) Tires; graph (a) of this section, and only after (4) The proposed closure and post-clo- receiving approval from the Regional sure care is sufficient to protect the re- Director under paragraph (c) of this sources of the National Park System section. The Regional Director may ap- unit from degradation; and prove such a request, if in addition to (5) The site conforms to all of the re- meeting the standards of paragraph (c) strictions and criteria applicable to the of this section, the Regional Director site under 40 CFR 257.3 and 40 CFR part finds that the conversion to a transfer 258, or where applicable, 40 CFR part station better protects the unit’s nat- 240, Guidelines for the Thermal Proc- ural or cultural resources than the ex- essing of Solid Waste. isting land-fill operation. (d) If the Regional Director finds that the permit request and the environ- § 6.6 Solid waste disposal sites within mental report do not meet the condi- new additions to the National Park tions for approval set forth in para- System. graph (c) of this section, the Regional (a) An operator of a solid waste dis- Director shall reject the request and posal site located on lands or waters notify the proposed operator of the rea- added to the National Park System, by sons for the rejection. Within 90 cal- act of Congress or by proclamation,

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after January 23, 1995, will not be per- and not governed by a plan of oper- mitted to dispose of solid waste after ations approved under 36 CFR part 9, expiration of the permit or license in Minerals Management, or pursuant to effect on the date of the land’s or the terms of a Federal mineral lease, water’s designation as being within a may continue to operate a solid waste National Park System unit’s bound- disposal site within the boundaries of a aries. The operator must then imme- unit only after complying with § 6.5 and diately fulfill all applicable closure and § 6.10 and with a permit issued by the post-closure care requirements. Regional Director under § 6.9. (b) An operator of a solid waste dis- (c) A person conducting mining or posal site located on lands or waters mineral operations on January 23, 1995, designated as being within the bound- and governed by a plan of operations aries of a unit of the National Park approved under 36 CFR part 9 or pursu- System established or expanded after ant to the terms of a Federal mineral January 23, 1995, who wishes to remain lease may continue to operate a solid in operation for the duration of the ex- waste disposal site under the terms of isting permit or license, must submit the approved plan of operations or to the Regional Director, within 180 lease. Where an existing mining or calendar days of the land’s or water’s mineral operation is governed by 36 designation as being within a National CFR part 9 or a Federal mineral lease, Park System unit boundaries, a permit an NPS-approved plan of operations request and environmental report as will constitute the permit for solid described in § 6.4(b) (1)–(9). waste disposal site operation otherwise (c) Any operator who fails to submit required under § 6.9. A bond required a request as described in paragraph (b) under 36 CFR part 9, or by the Bureau of this section will be subject to the of Land Management for Federal les- penalty provisions of § 6.12. sees, will satisfy the requirements of (d) If the Regional Director finds that § 6.10. the permit request and the environ- (d) A person proposing to initiate mental report do not meet the condi- mining or mineral operations after tions for approval set forth in § 6.5(c), January 23, 1995, within the boundaries the Regional Director will reject the of a unit of the National Park System, request and notify the proposed oper- whether or not governed by a plan of ator of the reasons for the rejection. operations approved under 36 CFR part Within 90 calendar days of such notice, 9 or the terms of a Federal mineral the operator of the solid waste disposal lease, may not establish or operate a site must cease disposing of solid waste new solid waste disposal site within a at the site. The operator may resume unit. disposing of solid waste only upon sub- (e) The temporary storage, stock- mission and approval of a permit re- piling for return, or return of nonhaz- quest and environmental report that ardous mining overburden to the mine the Regional Director determines meet site for the purpose of mine site rec- the conditions set forth in § 6.5(c). lamation does not require a request, environmental report, financial assur- § 6.7 Mining wastes. ance or a permit issued under this part. (a) Solid waste from mining includes but is not limited to mining overbur- § 6.8 National Park Service solid waste den, mining byproducts, solid waste responsibilities. from the extraction, processing and (a) Beginning one year after January beneficiation of ores and minerals, 23, 1995, a Superintendent will not per- drilling fluids, produced waters, and mit or allow a person to dispose of other wastes associated with explo- solid waste at a National Park Service ration, development, or production of operated solid waste disposal site ex- oil, natural gas or geothermal energy cept for waste generated by National and any garbage, refuse or sludge asso- Park Service activities. ciated with mining and mineral oper- (b) The Superintendent of a unit ations. where the National Park Service oper- (b) A person conducting mining or ates a solid waste disposal site will es- mineral operations on January 23, 1995, tablish a waste collection program for

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harmful wastes generated by residen- Species Act, the National Historic tial activities by National Park Serv- Preservation Act and the Coastal Zone ice and concessionaire households Management Act, or days required to within the unit. The Superintendent prepare an Environmental Impact will establish frequency and place of Statement under the National Environ- collection but such frequency must be, mental Policy Act. at a minimum, every twelve months. (d) If the Regional Director approves (c) Each Superintendent will ensure a solid waste disposal site request full compliance with regulations at 40 under § 6.4, § 6.5 or § 6.6, the Regional Di- CFR part 244, Solid Waste Management rector may issue, after operator com- Guidelines For Beverage Containers. pliance with § 6.10, a nontransferable Only those units of the National Park permit, the term of which shall not ex- System where carbonated beverages in ceed five years. The permittee may re- containers are not sold, or that have quest a new five year permit upon expi- prepared formal documentation of non- ration of an existing permit. The per- implementation under 40 CFR mit instrument will be Form 10–114 244.100(f)(3) that has been approved by (OMB No. 1024–0026), Special Use Per- the Director and the Administrator of mit, available from the park Super- the Environmental Protection Agency, intendent. are exempt from the deposit and con- (e) A permit for a solid waste disposal tainer return program mandated in 40 site will prescribe the site capacity and CFR part 244. the requirements under which the solid (d) NPS concessionaires, commercial waste disposal site will be operated. use licensees and contractors will com- The requirements must include, but ply with acquisition, recycling and are not limited to: waste minimization goals established (1) Hours of operation; by the NPS. (2) Number, frequency, size, gross § 6.9 Permits. weight and types of vehicles used, and access routes; (a) A permit issued under this section (3) Type and height of perimeter is required to operate a solid waste dis- fencing; posal site within the boundaries of a (4) Compliance with all applicable unit of the National Park System, ex- Federal, State and local laws and regu- cept as specified in § 6.2(c) or § 6.7(c). lations, including permit requirements; (b) Upon receipt of a request under § 6.4, § 6.5 or § 6.6, the Regional Director (5) Type and frequency of ground- will analyze whether a new site, or con- water, surface water, explosive gas and tinued operation of an existing site, other pertinent natural resource moni- meets the approval conditions of § 6.4, toring; or § 6.5 respectively. The Regional Di- (6) Rights and conditions of access rector will also review the request for inspection by National Park Serv- under appropriate laws and executive ice and other responsible Federal, orders, including, but not limited to State or local officials; the National Environmental Policy Act (7) Closure and post-closure care re- (43 U.S.C. 4321), the National Historic quirements; Preservation Act (16 U.S.C. 470), the (8) Methods of pest and vermin con- Endangered Species Act (16 U.S.C. 1531– trol; 1543), and E.O. 11988, Floodplain Man- (9) Methods of excluding hazardous agement (3 CFR, 1978 Comp., p. 117), waste, municipal solid waste inciner- and E.O. 11990, Wetland Protection (3 ator ash, lead-acid batteries, PCBs and CFR, 1978 Comp., 121). PCB Items, material registered by the (c) The Regional Director must ap- Environmental Protection Agency as a prove or deny a solid waste disposal pesticide, sludge from a waste treat- site request under this part within 180 ment plant or septic system, domestic calendar days of receipt of the request. sewage, petroleum, including used The 180 calendar days do not include crankcase oil from a motor vehicle and any days required for consultation soil contaminated by such products, with State or Federal agencies under, medical waste, radioactive materials but not limited to, the Endangered and tires;

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(10) Methods of excluding waste gen- (f) The responsibility and liability of erated from non-National Park Service the operator (and the surety, if any) activities, except for a solid waste dis- under the bond or security deposit posal site approved under § 6.5, or § 6.6, must continue until the Regional Di- or § 6.7(c); and rector determines that closure and (11) Methods of litter control. post- closure care have been completed (f) Any conflict between a require- in accordance with the permit requirement of the permit issued by the Na- ments. No portion of the performance tional Park Service and a requirement bond or security deposit may be re- of State or local law will be resolved in leased until such a determination has favor of the stricter of the two require- been made. ments. (g) Within 30 calendar days after the Regional Director determines that all § 6.10 Financial assurance. closure and post-closure care require- (a) The Regional Director will not re- ments have been successfully com- quire a bond or security deposit for a pleted according to the permit, the Re- solid waste disposal site for which the gional Director will notify the operator operator has established a bond under (and the surety, if any) that liability 40 CFR 258.74(b). under the bond or security deposit has (b) The Regional Director will not re- been terminated and the bond or secu- quire a bond or security deposit for a rity deposit released. solid waste disposal site whose owner or operator is a State entity whose § 6.11 Appeals. debts and liabilities are the debts and (a) An applicant aggrieved by a deci- liabilities of a State. sion of the Regional Director with re- (c) Upon approval of a request to op- gard to a permit request under this erate a new, or continue an existing, part may appeal, in writing, to the Di- solid waste disposal site, an operator rector for reconsideration. The ag- who is not described in paragraphs (a) grieved applicant must file the appeal or (b) of this section must file with the with the Director within 45 calendar Regional Director a suitable perform- days of notification to the applicant of ance bond with satisfactory surety, the decision complained of. The appeal payable to the Secretary of the Inte- must set forth in detail the respects to rior or the Secretary’s designee. The which the decision of the Regional Di- bond must be conditioned upon faithful rector is contrary to, or in conflict compliance with all applicable laws with, the facts, the law, this part, or is and regulations, and the permit re- otherwise in error. quirements as approved. When bonds (b)(1) Within 45 calendar days after are to serve as security, an operator receiving the written appeal of the ag- must provide a power of attorney to grieved applicant, the Director will the Secretary or the Secretary’s des- make a decision in writing. The Direc- ignee. The bond must be issued by a tor’s decision will include: surety company listed and approved by (i) A statement of facts; the Department of the Treasury. (ii) A statement of conclusions; and (d) In lieu of a performance bond, an operator may deposit with the Sec- (iii) an explanation of the reasons retary or the Secretary’s designee cash upon which the conclusions are based. or negotiable bonds of the United (2) The decision of the Director will States Government. The cash deposit constitute the final administrative ac- or the market value of such securities tion of the National Park Service. must be at least equal to the required § 6.12 Prohibited acts and penalties. sum of the bond(s). (e) The bond or security deposit will (a) The following are prohibited: be established by the Regional Director (1) Operating a solid waste disposal in an amount equal to the estimated site without a permit issued under § 6.9 cost to accomplish all closure and post- or, where applicable, without approval closure care requirements as described granted under § 6.7(c); in 40 CFR part 258, subpart F, but in no (2) Operating a solid waste disposal case less than $25,000. site without the proper amount or form

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of bond or security deposit, as pre- 7.31 Perry’s Victory and International scribed by the Regional Director, when Peace Memorial. such a bond or security deposit is re- 7.32 Pictured Rocks National Lakeshore. quired by this part; 7.33 Voyageurs National Park. 7.34 Blue Ridge Parkway. (3) Operating a solid waste disposal 7.35 Buffalo National River. site in violation of a term or a require- 7.36 Mammoth Cave National Park. ment of a National Park Service issued 7.37 Jean Lafitte National Historical Park. permit; or 7.38 Isle Royale National Park. (4) Operating a solid waste disposal 7.39 Mesa Verde National Park. site in violation of 40 CFR Parts 257 or 7.40 Hopewell Village National Historic 258, or in violation of the equivalent Site. 7.41 Big Bend National Park. State law or regulation. 7.42 Pipestone National Monument. (b) A person who violates a provision 7.43 Natchez Trace Parkway. of paragraph (a) of this section is sub- 7.44 Canyonlands National Park. ject to: 7.45 Everglades National Park. (1) The penalty provisions of 36 CFR 7.46 Virgin Islands Coral Reef National 1.3; and/or Monument. (2) Revocation of the permit by the 7.47 Carlsbad Caverns National Park. Regional Director if a permit exists; 7.48 Lake Mead National Recreation Area. 7.49 Cape Lookout National Seashore. and/or 7.50 Chickasaw Recreation Area. (3) Forfeiture of a bond or security 7.51 Curecanti National Recreation Area. deposit if a bond or security deposit is 7.52 Cedar Breaks National Monument. required under § 6.10. 7.53 Black Canyon of the Gunnison National Monument. 7.54 Theodore Roosevelt National Park. PART 7—SPECIAL REGULATIONS, 7.55 Lake Roosevelt National Recreation AREAS OF THE NATIONAL PARK Area. SYSTEM 7.56 Acadia National Park. 7.57 Lake Meredith National Recreation Sec. Area. 7.1 Colonial National Historical Park. 7.58 Cape Hatteras National Seashore. 7.2 Crater Lake National Park. 7.59 Grand Portage National Monument. 7.3 Glacier National Park. 7.60 Herbert Hoover National Historic Site. 7.4 Grand Canyon National Park. 7.61 Fort Caroline National Memorial. 7.5 Mount Rainier National Park. 7.62 Lake Chelan National Recreation Area. 7.6 Muir Woods National Monument. 7.63 Dinosaur National Monument. 7.7 Rocky Mountain National Park. 7.64 Petersburg National Battlefield. 7.8 Sequoia and Kings Canyon National 7.65 Assateague Island National Seashore. Parks. 7.66 North Cascades National Park. 7.9 St. Croix National Scenic Rivers. 7.67 Cape Cod National Seashore. 7.10 Zion National Park. 7.68 Russell Cave National Monument. 7.11 Saguaro National Park. 7.69 Ross Lake National Recreation Area. 7.12 Gulf Islands National Seashore. 7.70 Glen Canyon National Recreation Area. 7.13 Yellowstone National Park. 7.71 Delaware Water Gap National Recre- 7.14 Great Smoky Mountains National ation Area. Park. 7.72 Arkansas Post National Memorial. 7.15 Shenandoah National Park. 7.73 Buck Island Reef National Monument. 7.16 Yosemite National Park. 7.74 Virgin Islands National Park. 7.17 Cuyahoga Valley National Park. 7.75 Padre Island National Seashore. 7.18 Hot Springs National Park. 7.76 Wright Brothers National Memorial. 7.19 Canyon de Chelly National Monument. 7.77 Mount Rushmore National Memorial. 7.20 Fire Island National Seashore. 7.78 Harpers Ferry National Historical 7.21 John D. Rockefeller, Jr. Memorial Park. Parkway. 7.79 Amistad Recreation Area. 7.22 Grand Teton National Park. 7.80 Sleeping Bear Dunes National Lake- 7.23 Badlands National Park. shore. 7.24 Upper Delaware Scenic and Rec- 7.81 Point Reyes National Seashore. reational River. 7.82 Apostle Islands National Lakeshore. 7.25 Hawaii Volcanoes National Park. 7.83 Ozark National Scenic Riverways. 7.26 Death Valley National Monument. 7.84 Channel Islands National Park. 7.27 Dry Tortugas National Park. 7.85 Big Thicket National Preserve. 7.28 Olympic National Park. 7.86 Big Cypress National Preserve. 7.29 Gateway National Recreation Area. 7.87 Kaloko-Honokohau National Historical 7.30 Devils Tower National Monument. Park.

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7.88 Indiana Dunes National Lakeshore. ALPHABETICAL LISTING—Continued 7.89 New River Gorge National River. 7.90 Chattahoochee River National Recre- Name Section ation Area. 7.91 Whiskeytown Unit, Whiskeytown-Shas- Gulf Islands National Seashore, Fla.–Miss ...... 7.12 ta-Trinity National Recreation Area. Harpers Ferry National Historical Park, Md.–W.V .... 7.78 Hawaii Volcanoes National Park, Hawaii ...... 7.25 7.92 Bighorn Canyon National Recreation Herbert Hoover National Historic Site, Iowa ...... 7.60 Area. Hopewell Village National Historic Site, Pa ...... 7.40 7.93 Guadalupe Mountains National Park. Hot Springs National Park, Ark ...... 7.18 7.94 Bryce Canyon National Park. Indiana Dunes National Lakeshore, Ind ...... 7.88 7.95 [Reserved] Isle Royale National Park, Mich ...... 7.38 7.96 National Capital Region. Jean Lafitte National Historical Park, La ...... 7.37 7.97 Golden Gate National Recreation Area. Kaloko-Honokohau National Historical Park, Hawaii 7.87 7.100 Appalachian National Scenic Trail. Lake Chelan National Recreation Area, Wash ...... 7.62 Lake Mead National Recreation Area, Ariz.-Nev ...... 7.48 AUTHORITY: 54 U.S.C. 100101, 100751, 320102; Lake Meredith National Recreation Area, Tex ...... 7.57 Sec. 7.96 also issued under D.C. Code 10–137 Mammoth Cave National Park, Ky ...... 7.36 and D.C. Code 50–2201.07. Mesa Verde National Park, Colo ...... 7.39 Mount Rainier National Park, Wash ...... 7.5 ALPHABETICAL LISTING Mount Rushmore National Memorial, S. Dak ...... 7.77 Muir Woods National Monument, Calif ...... 7.6 Name Section Natchez Trace Parkway, Miss.-Tenn.-Ala ...... 7.43 National Capital Region, D.C. area ...... 7.96 Acadia National Park, Maine ...... 7.56 New River Gorge National River, WV ...... 7.89 Amistad Recreation Area, Tex ...... 7.79 North Cascades National Park, Wash ...... 7.66 Apostle Islands National Lakeshore, Wis ...... 7.82 Olympic National Park, Wash ...... 7.28 Appalachian National Scenic Trail ...... 7.100 Ozark National Scenic Riverways, Mo ...... 7.83 Arkansas Post National Memorial, Ark ...... 7.72 Padre Island National Seashore, Tex ...... 7.75 Assateague Island National Seashore, Md.–Va ...... 7.65 Perry’s Victory and International Peace Memorial, Badlands National Park, SD ...... 7.23 Ohio ...... 7.31 Big Bend National Park, Tex ...... 7.41 Petersburg National Battlefield, VA ...... 7.64 Big Cypress National Preserve, Fla ...... 7.86 Pipestone National Monument, Minn ...... 7.42 Big Thicket National Preserve, Tex ...... 7.85 Pictured Rocks National Lakeshore, Mich ...... 7.32 Bighorn Canyon National Recreation Area, Mont.– Point Reyes National Seashore, Calif ...... 7.81 Wyo ...... 7.92 Rockefeller, Jr., John D., Memorial Parkway, Wyo .. 7.21 Black Canyon of the Gunnison National Monument, Rocky Mountain National Park, Colo ...... 7.7 Colo ...... 7.53 Ross Lake National Recreation Area, Wash ...... 7.69 Blue Ridge Parkway, Va.-N.C ...... 7.34 Russell Cave National Monument, Ala ...... 7.68 Bryce Canyon National Park, Utah ...... 7.94 Saguaro National Park, AZ ...... 7.11 Buck Island Reef National Monument, Virgin Islands 7.73 Sequoia-Kings Canyon National Parks, Calif ...... 7.8 Buffalo National River, Ark ...... 7.35 Shenandoah National Park, Va ...... 7.15 Canyon de Chelly National Monument, Ariz ...... 7.19 Sleeping Bear Dunes National Lakeshore, Mich ...... 7.80 Canyonlands National Park, Utah ...... 7.44 St. Croix National Scenic Rivers, Wis ...... 7.9 Cape Cod National Seashore, Mass ...... 7.67 Theodore Roosevelt National Park, N. Dak ...... 7.54 Cape Hatteras National Seashore, N.C...... 7.58 Upper Delaware Scenic and Recreational River, Cape Lookout National Seashore, N.C...... 7.49 Pa.–N.Y ...... 7.24 Carlsbad Caverns National Park, N. Mex...... 7.47 Virgin Islands Coral Reef National Monument ...... 7.46 Cedar Breaks National Monument, Utah ...... 7.52 Virgin Islands National Park, Virgin Islands ...... 7.74 Channel Islands National Park, Calif ...... 7.84 Voyageurs National Park, Minn ...... 7.33 Chattahoochee River National Recreation Area, Ga. 7.90 Whiskeytown Unit, Whiskeytown-Shasta-Trinity Na- Chickasaw Recreation Area, Okla ...... 7.50 tional Recreation Area, Calif ...... 7.91 Colonial National Historical Park, Va ...... 7.1 Wright Brothers National Memorial, N.C ...... 7.76 Lake Roosevelt National Recreation Area, Wash ..... 7.55 Yellowstone National Park, Wyo.-Mont.-Idaho ...... 7.13 Crater Lake National Park, Oreg ...... 7.2 Yosemite National Park, Calif ...... 7.16 Curecanti National Recreation Area, Colo ...... 7.51 Zion National Park, Utah ...... 7.10 Cuyahoga Valley National Park, Ohio ...... 7.17 Death Valley National Monument, Calif ...... 7.26 Delaware Water Gap National Recreation Area, [32 FR 6932, May 5, 1967; 32 FR 7333, May 17, N.J.–Pa ...... 7.71 1967, as amended at 32 FR 21037, Dec. 30, 1967] Devil’s Tower National Monument, Wyo ...... 7.30 Dinosaur National Monument, Utah-Colo ...... 7.63 EDITORIAL NOTE: The Alphabetical Listing Dry Tortugas National Park, Fla ...... 7.27 is updated annually by the Office of the Fed- Everglades National Park, Fla ...... 7.45 eral Register. 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 § 7.1 Colonial National Historical Park. Glacier National Park, Mont ...... 7.3 (a) Boating. Except in emergencies, Glen Canyon National Recreation Area, Utah-Ariz ... 7.70 Golden Gate National Recreation Area, Calif ...... 7.97 no privately owned vessel shall be Grand Canyon National Park, Ariz ...... 7.4 launched from land within Colonial Na- Grand Portage National Monument, Minn ...... 7.59 tional Historical Park and no privately Grand Teton National Park, Wyo ...... 7.22 Great Smoky Mountains National Park, N.C.-Tenn .. 7.14 owned vessel shall be beached or landed Guadalupe Mountains National Park, Tex ...... 7.93 on land within said Park.

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(b) Commercial passenger—carrying strictions, in accordance with the cri- motor vehicles. Permits shall be re- teria and procedures of §§ 1.5 and 1.7 of quired for the operation of commercial this chapter, or any activity pertaining passenger-carrying vehicles, including to fishing, including but not limited to, taxi-cabs, carrying passengers for hire species of fish that may be taken, sea- on any portion of the Colonial Park- sons and hours during which fishing way. The fees for such permits shall be may take place, methods of taking, as follows: size, location, and possession limits. (1) Annual permit for the calendar (3) Fishing in violation of a condition year: $3.50 for each passenger-carrying or restriction established by the Super- seat in the vehicle to be operated. intendent is prohibited. (2) Quarterly permit for a period be- (b) Eating, drinking, and lodging estab- ginning January 1, April 1, July 1, or lishments. (1) No eating, drinking, or October 1: $1 for each passenger-car- lodging establishment offering food, rying seat in the vehicle to be oper- drink, or lodging for sale may be operated. ated on any privately owned lands (3) Permit good for one day, 5-pas- within Glacier National Park unless a senger vehicle: $1. permit for the operation thereof has (4) Permit good for one day, more first been obtained from the Super- than 5-passenger vehicle: $3. intendent. (2) The Superintendent will issue a [32 FR 16213, Nov. 28, 1967, as amended at 48 FR 30293, June 30, 1983] permit only after an inspection of the premises and a determination that the § 7.2 Crater Lake National Park. premises comply with the substantive requirements of State and county (a) Fishing. Fishing in Crater Lake health and sanitary laws and ordi- and park streams is permitted from nances and rules and regulations pro- May 20 through October 31. mulgated pursuant thereto which (b) Boating. No private vessel or would apply to the premises if the pri- motor may be used on the waters of the vately owned lands were not subject to park. the jurisdiction of the United States. (c) Snowmobiles. Snowmobile use is (3) No fee will be charged for the permitted in Crater Lake National issuance of such a permit. Park on the North Entrance Road from (4) The Superintendent or his duly its intersection with the Rim Drive to authorized representative shall have the park boundary, and on intermit- the right of inspection at all reason- tent routes detouring from the North able times for the purpose of Entrance Road as designated by the ascertaining that the premises are Superintendent and marked with snow being maintained and operated in com- poles and signs. Except for such des- pliance with State and county health ignated detours marked with snow laws and ordinances and rules and reg- poles and signs, only that portion of ulations promulgated pursuant there- the North Entrance Road intended for to. wheeled vehicle use may be used by (5) Failure of the permittee to com- snowmobiles. Such roadway is avail- ply with all State and county sub- able for snowmobile use only when the stantive laws and ordinances, and rules designated roadway is closed to all and regulations promulgated pursuant wheeled vehicles used by the public. thereto applicable to the establishment [34 FR 9751, June 24, 1969, as amended at 41 for which a permit is issued, or failure FR 33263, Aug. 9, 1976] to comply with any Federal law or any regulation promulgated by the Sec- § 7.3 Glacier National Park. retary of the Interior for governing the (a) Fishing. (1) Fishing regulations, park, or with the conditions imposed based on management objectives de- by the permit, will be grounds for rev- scribed in the park’s Resource Manage- ocation of the permit. ment Plan, are established annually by (6) The applicant or permittee may the Superintendent. appeal to the Regional Director, Na- (2) The Superintendent may impose tional Park Service, from any final ac- closures and establish conditions or re- tion of the Superintendent, refusing,

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conditioning, or revoking a permit. tested by the Secretary, with corporate Such an appeal, in writing, shall be seal in lieu of witness. filed within 30 days after receipt of no- Permittee tice by the applicant or permittee of Witness: the action appealed from. Any final decision of the Regional Director may be Name appealed to the Director, National Park Service, within 30 days after re- Address ceipt of notice by the applicant or permittee of the Regional Director’s deci- Name sion. During the period in which an appeal is being considered by the Re- Address gional Director or the Director, the establishment for which a permit has (Reverse of Permit) been denied or revoked shall not be op- GENERAL REGULATORY PROVISIONS OF THIS erated. PERMIT (7) The revocable permit for eating, 1. Permittee shall exercise this privilege drinking, and lodging establishments subject to the supervision of the Super- issued by the Superintendent shall con- intendent of the Park and shall comply with tain general regulatory provisions as the regulations of the Secretary of the Inte- hereinafter set forth, and will include rior governing the Park. such reasonable special conditions re- 2. Any building or structure used for the lating to the health and safety of visi- purpose of conducting the business herein tors both to the park and to the estab- permitted shall be kept in a safe, and sightly condition. lishments as the Superintendent may 3. The permittee shall dispose of all refuse deem necessary to cover existing local from the business herein permitted as re- circumstances, and shall be in a form quired by the Superintendent. substantially as follows: 4. Permittee, his agents, and employees shall be responsible for the preservation of (Front of Permit) good order within the vicinity of the business operations herein permitted. U.S. DEPARTMENT OF THE INTERIOR 5. Failure of the permittee to comply with NATIONAL PARK SERVICE all State and county substantive laws and ordinances and rules and regulations promul- REVOCABLE PERMIT FOR OPERATION OF EATING gated pursuant thereto applicable to eating, OR DRINKING AND LODGING ESTABLISHMENTS drinking, and lodging establishments or to Permission is hereby granted llllll, comply with any law or any regulation of who resides at llllll, to operate during the Secretary of the Interior governing the the period of llllll, 19ll, to Park or with the conditions imposed by this llllllll, 19ll, inclusive a permit, will be grounds for revocation of this lllllllllllll (specify type of es- permit. tablishment) within Glacier National Park 6. This permit may not be transferred or on lands privately owned or controlled by assigned without the consent, in writing of him (her) over which the United States exer- the Superintendent. cises exclusive jurisdiction. This permit is 7. Neither Members of, nor Delegates to subject to the general provisions and any Congress, or Resident Commissioners, offi- special conditions stated on the reverse here- cers, agents, or employees of the Department of. of the Interior, shall be admitted to any Issued at Glacier National Park, Mont., share or part of this permit or derive, di- this llllll day of llllllll, rectly or indirectly, any pecuniary benefit 19ll. arising therefrom. 8. Standard Equal Employment Provision Superintendent to be set out in full as provided for by Execu- I, llllllllllll, the permittee tive Orders 10925 and 11114. named herein, accept this permit subject to 9. The following special provisions are the terms, convenants, obligations, and res- made a part of this permit: lllllllll ervations expressed or implied. (c) Water supply and sewage disposal Copartnership—permittees sign as ‘‘Members systems. The provisions of this para- of firm’’. graph apply to the privately owned Corporation—the officer authorized to exe- lands within Glacier National Park. cute contracts, etc., should sign, with title, The provisions of this paragraph do not the sufficiency of such signature being at- excuse compliance by eating, drinking,

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or lodging establishments with § 5.10 of steps must be taken to achieve compli- the chapter. ance. If after one year has elapsed from (1) Facilities. (i) Subject to the provi- the mailing of such written notice the sions of paragraph (e)(3) of this section, deficiency has not been corrected, such no person shall occupy any building or deficiency shall constitute a violation structure intended for human habi- of this regulation and shall be the basis tation, or use, unless such building is for court action for the vacation of the served by water supply and sewage dis- premises. posal systems that comply with the (ii) If upon inspection, any water sup- standards prescribed by State and ply or sewage disposal system is found county laws and regulations applicable by the inspecting officer not to be in in the county within whose exterior conformance with established State boundaries such building is located. and county standards and it is found (ii) No person shall construct, rebuild further that there is immediate and se- or alter any water supply or sewage vere danger to the public health or the disposal system without a written per- health of the occupants, the Super- mit issued by the Superintendent. The intendent shall post appropriate no- Superintendent will issue such permit tices at conspicuous places on such only after receipt of written notifica- premises, and thereafter, no person tion from the appropriate Federal, shall occupy the premises on which the State, or county officer that the plans system is located until the Super- for such system comply with State or intendent is satisfied that remedial county standards. There shall be no measures have been taken that will as- charge for such permits. Any person sure compliance of the system with es- aggrieved by an action of the Super- tablished State and county standards. intendent with respect to any such per- (d) Motorboats. (1) Motorboats and mit or permit application may appeal motor vessels are limited to ten (10) in writing to the Director, National horsepower or less on Bowman and Two Park Service, Department of the Inte- Medicine Lakes. This restriction does rior, Washington, DC 20240. not apply to sightseeing vessels oper- (2) Inspections. (i) The appropriate ated by an authorized concessioner on State or county health officer, the Su- Two Medicine Lake. perintendent, or their authorized rep- (2) All motorboats and motor vessels resentatives or an officer of the U.S. except the authorized, concessioner-op- Public Health Service, may inspect any erated, sightseeing vessels are prohib- water supply or sewage disposal sys- ited on Swiftcurrent Lake. tem, from time to time, in order to de- (3) The operation of all motorboats termine whether such system complies and motor vessels are prohibited on with the State and county standards: Kintla Lake. Provided, however, That inspection (e) Canadian dollars. To promote the shall be made only upon consent of the purpose of the Act of May 2, 1932 (47 occupant of the premises or pursuant Stat. 145; 16 U.S.C. 161a), Canadian dol- to a warrant. lars tendered by Canadian visitors en- (ii) Any water supply or sewage dis- tering the United States section of Gla- posal system may be inspected without cier National Park will be accepted at the consent of the occupant of the the official rate of exchange in pay- premises or a warrant if there is prob- ment of the recreation fees prescribed able cause to believe that such system for the park. presents an immediate and severe dan- (f) Commercial passenger-carrying ger to the public health. motor vehicles. The prohibition against (3) Defective systems. (i) If upon in- the commercial transportation of pas- spection, any water supply system or sengers by motor vehicles to Glacier sewage disposal system is found by the National Park, contained in § 5.4 of this inspecting officer not to be in conform- chapter, shall be subject to the fol- ance with applicable State and county lowing exceptions: standards, the Superintendent will (1) Commercial transport of pas- send to the ostensible owner and/or the sengers by motor vehicles on those por- occupant of such property, by certified tions of the park roads from Sherburne mail, a written notice specifying what entrance to the Many Glacier area;

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from Two Medicine entrance to Two or portaging near rough water. One Medicine Lake; from West Glacier en- extra preserver must be carried for trance to the Camas Entrance; U.S. each ten (10) persons. Highway 2 from Walton to Java; and (3) No person shall conduct, lead, or the Going-to-the-Sun Road from West guide a river trip unless such person Glacier entrance to Lake McDonald possesses a permit issued by the Super- Lodge and from St. Mary entrance to intendent, Grand Canyon National Rising Sun will be permitted. Park. The National Park Service re- (2) Commercial passenger-carrying serves the right to limit the number of motor vehicles operated in the above such permits issued, or the number of areas, on a general, infrequent, and persons traveling on trips authorized nonscheduled tour in which the visit to by such permits when, in the opinion of the park is incidental to such tour, and the National Park Service, such limi- carrying only round-trip passengers tations are necessary in the interest of traveling from the point of origin of public safety or protection of the eco- the tour, will be accorded admission to logical and environmental values of the park. Such tours shall not provide, the area. in effect, a regular and duplicating (i) The Superintendent shall issue a service conflicting with, or in competi- permit upon a determination that the tion with, the tours provided for the person leading, guiding, or conducting public pursuant to contract authoriza- a river trip is experienced in running tion from the Secretary as determined rivers in white water navigation of by the Superintendent. similar difficulty, and possesses appro- [34 FR 5842, Mar. 28, 1969, as amended at 36 priate equipment, which is identified in FR 9248, May 21, 1971; 37 FR 7499, Apr. 15, the terms and conditions of the permit. 1972; 48 FR 29847, June 29, 1983; 48 FR 30293, (ii) No person shall conduct, lead, June 30, 1983; 52 FR 10685, Apr. 2, 1987; 60 FR guide, or outfit a commercial river trip 35841, July 12, 1995; 60 FR 55791, Nov. 3, 1995] without first securing the above permit and possessing an additional permit au- § 7.4 Grand Canyon National Park. thorizing the conduct of a commercial (a) Commercial passenger-carrying or business activity in the park. motor vehicles. The prohibition against (iii) An operation is commercial if the commercial transportation of pas- any fee, charge or other compensation sengers by motor vehicles to Grand is collected for conducting, leading, Canyon National Park contained in guiding, or outfitting a river trip. A § 5.4 of this chapter shall be subject to river trip is not commercial if there is the following exception: Motor vehicles a bona fide sharing of actual expenses. operated on a general, infrequent, and (4) All human waste will be taken out nonscheduled tour on which the visit of the Canyon and deposited in estab- to the park is an incident to such tour, lished receptacles, or will be disposed carrying only round-trip passengers of by such means as is determined by traveling from the point of origin of the Superintendent. the tour, will be accorded admission to (5) No person shall take a dog, cat, or the park. other pet on a river trip. (b) Colorado whitewater boat trips. The (6) The kindling of a fire is permitted following regulations shall apply to all only on beaches. The fire must be com- persons using the waters of, or Feder- pletely extinguished only with water ally owned land administered by the before abandoning the area. National Park Service, along the Colo- (7) Picnicking is permitted on beach rado River within Grand Canyon Na- areas along the Colorado River. tional Park, upstream from Diamond (8) Swimming and bathing are per- Creek at approximately river mile 226: mitted except in locations immediately (1) No person shall operate a vessel above rapids, eddies and riffles or near engaging in predominantly upstream rough water. travel or having a total horsepower in (9) Possession of a permit to conduct, excess of 55. guide, outfit, or lead a river trip also (2) U.S. Coast Guard approved life authorizes camping along the Colorado preservers must be worn by every per- River by persons in the river trip son while on the river or while lining party, except on lands within the

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Hualapai Indian Reservation which are (v) A permit may be revoked at any administered by the Hualapai Tribal time for the convenience of the Na- Council; Provided, however, That no tional Park Service or upon a finding person shall camp at Red Wall Cavern, that continued authorization under the Elves Chasm, the mouth of Havasu permit would interfere with park man- Creek, or along the Colorado River agement or impair park resources. bank between the mouth of the Paria (4) An immobilized or legally inoper- River and the Navajo Bridge. ative vehicle left in excess of 30 days (10) All persons issued a river trip without a permit will be removed at permit shall comply with all the terms the owner’s expense. and conditions of the permit. (5) An immobilized or legally inoper- (c) Immobilized and legally inoperative ative vehicle constituting a safety haz- vehicles. (1) An immobilized vehicle is a ard, causing an obstruction to roads or motor vehicle which is not capable of trails, or interfering with maintenance moving under its own power due to operations will be removed imme- equipment malfunction or deficiency. diately at the owner’s expense. Such This term shall also include trailers interference or impairment may in- whose wheels have been removed or clude, but shall not be limited to, the which, for other reasons, cannot be im- creation of a safety hazard, traffic con- mediately towed from their location, gestion, visual pollution, or fuel and excluding trailers being used as resi- lubricant drip pollution. dences which are occupying sites des- (6) The Superintendent shall have the ignated for this purpose by the Super- right of inspection at all reasonable intendent. A legally inoperative vehi- times to ensure compliance with the cle is a motor vehicle capable of move- requirements of this paragraph. ment under its own power, but not li- [34 FR 14212, Sept. 10, 1969, as amended at 36 censed to legally operate on roads. FR 23293, Dec. 8, 1971; 42 FR 25857, May 20, (2) Leaving, storing, or placing upon 1977; 43 FR 1793, Jan. 12, 1978; 52 FR 10685, federally owned lands within the park Apr. 2, 1987] any immobilized or legally inoperative vehicle for a period exceeding 30 days is § 7.5 Mount Rainier National Park. prohibited, except under the terms of a (a) Fishing. (1) The following waters permit issued by the Superintendent. are closed to fishing: (3) A revocable permit for an immo- (i) Tipsoo Lake. bilized or legally inoperative vehicle (ii) Shadow Lake. may be issued without fee by the Su- (iii) Klickitat Creek above the White perintendent for a specific period of River Entrance water supply intake. time, upon a finding that the issuance (iv) Laughing Water Creek above the of such a permit will not interfere with Ohanapecosh water supply intake. park management or impair park re- (v) Frozen Lake. sources. (vi) Reflection Lakes. (i) Any permit issued will be valid for (vii) Ipsut Creek above the Ipsut the period stated on the permit, unless Creek Campground water supply in- otherwise revoked or terminated by take. the Superintendent, and will state the (2) Except for artificial fly fishing, name and address of the owner, the de- the Ohanapecosh River and its tribu- scription of the vehicle, and the exact taries are closed to all fishing. location where it may be left, stored or (3) There shall be no minimum size placed. limit on fish that may be possessed. (ii) The permittee will affix the per- (4) The daily catch and possession mit securely and conspicuously to the limit for fish taken from park waters vehicle. shall be six pounds and one fish, not to (iii) The permit shall be nontransfer- exceed 12 fish. able. (b) Climbing and hiking. (1) Registra- (iv) Any person issued a permit shall tion with the Superintendent is re- comply with all terms and conditions quired prior to and upon return from of the permit. Failure to do so will con- any climbing or hiking on glaciers or stitute cause for the Superintendent to above the normal high camps such as terminate the permit at any time. Camp Muir and Camp Schurman.

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(2) A person under 18 years of age Parkway to the White River Camp- must have permission of his parent or ground. legal guardian before climbing above (iv) The Cougar Rock Campground the normal high camps. road system. (3) A party traveling above the high (v) The Stevens Canyon Road from camps must consist of a minimum of Stevens Canyon Entrance to the Ste- two persons unless prior permission for vens Canyon Road tunnel at Box Can- a solo climb has been obtained from yon. the Superintendent. The Super- [34 FR 17520, Oct. 30, 1969, as amended at 40 intendent will consider the following FR 31938, July 30, 1975; 41 FR 14863, Apr. 8, points when reviewing a request for a 1976; 41 FR 33264, Aug. 9, 1976; 42 FR 22557, solo climb: The weather prediction for May 4, 1977; 48 FR 30293, June 30, 1983] the estimated duration of the climb, and the likelihood of new snowfall, § 7.6 Muir Woods National Monument. sleet, fog , or hail along the route, the (a) Fires. Fires are prohibited within feasibility of climbing the chosen route the monument. because of normal inherent hazards, (b) [Reserved] current route conditions, adequacy of (c) Fishing. Fishing is prohibited equipment and clothing, and qualifying within the Monument. experience necessary for the route contemplated. [24 FR 11035, Dec. 30, 1959, as amended at 34 FR 5255, Mar. 14, 1969; 39 FR 14338, Apr. 23, (c) Backcountry Camping—(1) 1974] Backcountry camping permits required. No person or group of persons traveling § 7.7 Rocky Mountain National Park. together may camp in the backcountry (a) Fishing. (1) Fishing restrictions, without a valid backcountry camping based on management objectives de- permit. Permits may be issued to each scribed in the park’s Resources Man- permittee or to the leader of the group agement Plan, are established annually for a group of persons. The permit by the Superintendent. must be attached to the pack or camp- (2) The Superintendent may impose ing equipment of each permittee in a closures and establish conditions or re- clearly visible location. No person may strictions, in accordance with the cri- camp in any location other than that teria and procedures of §§ 1.5 and 1.7 of designated in the permit for a given this chapter, on any activity per- date. taining to fishing, including, but not (2) Group size limitations. Groups ex- limited to species of fish that may be ceeding five persons must camp at a taken, seasons and hours during which group site, but groups may not exceed fishing may take place, methods of twelve persons. The Superintendent taking, size, creel, and possession lim- may, however, its. (i) Waive group size limitations on (3) Fishing in closed waters or vio- routes in the climbing zone when he de- lating a condition or restriction estab- termines that it will not result in envi- lished by the Superintendent is prohib- ronmental degradation; and ited. (ii) Establish special zones and group (b) Trucking Permits. (1) The Super- size limitations during the winter sea- intendent may issue a permit for son to balance the impact of cross- trucking on a park road when the load country skiers, snowshoers, and carried originates and terminates with- snowmobilers on the resource. in the counties of Larimer, Boulder, or (d) Snowmobile use—(1) Designated Grand, Colorado. routes. (i) That portion of the West Side (2) The fee charged for such trucking Road south of Round Pass. over Trail Ridge Road is the same as (ii) The Mather Memorial Parkway the single visit entrance fee for a pri- (State Route 410) from its intersection vate passenger vehicle. A trucking per- with the White River Road north to the mit is valid for one round trip, pro- park boundary. vided such trip is made in one day, oth- (iii) The White River Road from its erwise the permit is valid for a one-way intersection with the Mather Memorial trip only.

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(3) The fees provided in this para- pose conditions on bicycle use, or close graph also apply to a special emer- any trail to bicycle use, or terminate gency trucking permit issued pursuant such conditions, closures, limits, or re- to § 5.6(b) of this chapter. strictions in accordance with § 4.30 of (c) Boats. (1) The operation of motor- this chapter. boats is prohibited on all waters of the park. [40 FR 14912, Apr. 3, 1975, as amended at 41 FR 49629, Nov. 10, 1976; 43 FR 14308, Apr. 5, (2) All vessels are prohibited on Bear 1978; 48 FR 30293, June 30, 1983; 49 FR 24893, Lake. June 18, 1984; 49 FR 25854, June 25, 1984; 52 FR (d) Dogs, cats, and other pets. In addi- 10685, Apr. 2, 1987; 52 FR 23304, June 19, 1987; tion to the provisions of § 2.15 of this 54 FR 4020, Jan. 27, 1989; 54 FR 43061, Oct. 20, chapter, dogs, cats, and other pets on 1989; 69 FR 53630, Sept. 2, 2004; 83 FR 8944, leash, crated, or otherwise under phys- Mar. 2, 2018] ical restraint are permitted in the park only within 100 feet of the edge of es- § 7.8 Sequoia and Kings Canyon Na- tablished roads or parking areas, and tional Parks. are permitted within established camp- (a) Dogs and cats. Dogs and cats are grounds and picnic areas; dogs, cats, prohibited on any park land or trail ex- and other pets are prohibited in the cept within one-fourth mile of devel- backcountry and on established trails. oped areas which are accessible by a (e)(1) On what route may I operate a designated public automobile road. snowmobile? Snowmobiles may be oper- (b) Fishing. (1) Fishing restrictions, ated on the North Supply Access Trail based on management objectives de- solely for the purpose of gaining access scribed in the parks’ Resources Man- between national forest lands on the agement Plan, are established annually west side of the park and the town of by the Superintendent. Grand Lake. Use of this trail for other (2) The Superintendent may impose purposes is not permitted. This trail closures and establish conditions or re- will be marked by signs, snow poles or strictions, in accordance with the cri- other appropriate means. teria and procedures of §§ 1.5 and 1.7 of (2) When may I operate a snowmobile this chapter, on any activity per- on the North Supply Access Trail? The taining to fishing including, but not Superintendent will determine the limited to, species of fish that may be opening and closing dates for use of the taken, seasons and hours during which North Supply Access Trail each year, fishing may take place, methods of taking into consideration the location taking, size, location and elevation, of wintering wildlife, appropriate snow and possession limits. cover, and other factors that may re- (3) Soda Springs Creek drainage is late to public safety. The Super- intendent will notify the public of such closed to fishing. dates through one or more of the meth- (4) Fishing in closed waters or in vio- ods listed in § 1.7(a) of this chapter. lation of a condition or restriction es- Temporary closure of this route will be tablished by the Superintendent is pro- initiated through the posting of appro- hibited. priate signs and/or barriers. (c) Privately owned lands—(1) Water (f) Bicycle use on the East Shore Trail. supply, sewage or disposal systems, and The Superintendent may designate all building construction or alterations. The or portions of a 2-mile segment of the provisions of this paragraph apply to East Shore Trail, extending north from the privately owned lands within Se- Shadow Mountain Dam to the park quoia and Kings Canyon National boundary, as open to bicycle use. A Parks. map showing portions of the East (i) Facilities. (a) Subject to the provi- Shore Trail open to bicycle use will be sions of paragraph (c)(1)(iii) of this sec- available at park visitor centers and tion, no person shall occupy any build- posted on the park website. The Super- ing or structure, intended for human intendent will provide notice of all bi- habitation or use, unless such building cycle route designations in accordance complies with standards, prescribed by with § 1.7 of this chapter. The Super- State and county laws and regulations intendent may limit, restrict, or im- applicable in the county within whose

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exterior boundaries such building is lo- (b) If upon inspection, any building, cated, as to construction, water supply water supply or sewage disposal system and sewage disposal systems. is found by the inspecting officer not to (b) No person shall construct, rebuild, be in conformance with established or alter any building, water supply or State and county standards and it is sewage disposal system without the found further that there is immediate permission of the Superintendent. The and severe danger to the public health Superintendent will give such permis- and safety or the health and safety of sion only after receipt of written noti- the occupants or users, the Super- fication from the appropriate Federal, intendent shall post appropriate no- State, or county officer that the plans tices at conspicuous places on such for such building or system comply premises, and thereafter, no person with State or county standards. Any shall occupy or use the premises on person aggrieved by an action of the which the deficiency or hazard is lo- Superintendent with respect to any cated until the Superintendent is satisfied that remedial measures have been such permit or permit application may taken that will assure compliance with appeal in writing to the Director, Na- established State and county stand- tional Park Service, U.S. Department ards. of the Interior, Washington, D.C. 20240. (d) Stock Driveways. (1) The present (ii) Inspections. (a) The appropriate county road extending from the west State or county officer, the Super- boundary of Kings Canyon National intendent, or their authorized rep- Park near Redwood Gap to Quail Flat resentatives or an officer of the U.S. junction of the General’s Highway and Public Health Service, may inspect any the old road beyond is designated for building, water supply, or sewage dis- the movement of stock and vehicular posal system, from time to time, in traffic, without charge, to and from na- order to determine whether the build- tional forest lands on either side of the ing, water supply, or sewage disposal General Grant Grove section of the system comply with the State and park. Stock must be prevented from county standards: Provided, however, straying from the right of way. That inspection shall be made only (e) Snowmobiles. (1) The use of snow- upon consent of the occupant of the mobiles is allowed on the unplowed premises or pursuant to a warrant. roads of Wilsonia, the Wilsonia parking (b) Any building, water supply, or lot, and the Mineral King road. sewage disposal system may be in- (2) Snowmobile use will be limited to spected without the consent of the oc- providing access to private property cupant of the premises or a warrant if within the exterior boundaries of the there is probable cause to believe that park area, pursuant to the terms and such system presents an immediate conditions of a permit issued only to and severe danger to the public health owners of such private property. and safety. [34 FR 9387, June 14, 1969, as amended at 49 (iii) Defective systems. (a) If upon in- FR 18450, Apr. 30, 1984; 56 FR 41943, Aug. 26, spection, any building, water supply or 1991] sewage disposal system is found by the inspecting officer not to be in conform- § 7.9 St. Croix National Scenic Rivers. ance with applicable State and county (a) Snowmobiles. After consideration standards, the Superintendent will of existing special situations, i.e., send to the ostensible owner and/or the depth of snow or thickness of ice, and occupant of such property, by certified depending on local weather conditions, mail, a written notice specifying what the superintendent may allow the use steps must be taken to achieve compli- of snowmobiles on the frozen surface of ance. If after 1 year has elapsed from the Saint Croix River on those sections the mailing of such notice the defi- normally used by motor boats during ciency has not been corrected, such de- other seasons, between the Boomsite ficiency shall constitute a violation of and Highway 243 near Osceola, Wis- this regulation and shall be the basis consin, and Saint Croix Falls to River- for court action for the vacation of the side, Wisconsin, and in those areas premises. where county or other established

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snowmobile trails need to cross the roads may not operate such vehicle on riverway or riverway lands to connect a park road without a convoy service with other established snowmobile provided at the direction of the super- trails. intendent. (b) Fishing. Unless otherwise des- (2) A single trip convoy fee of $15 is ignated, fishing in a manner authorized charged by the superintendent for each under applicable State law is allowed. vehicle or combination of vehicles con- (c) Vessels. (1) Entering by vessel, voyed over a park road. Payment of a launching a vessel, operating a vessel, convoy fee by an operator of a vehicle or knowingly allowing another person owned by the Federal, State or county to enter, launch or operate a vessel, or government and used on official busi- attempting to do any of these activi- ness is not required. Failure to pay a ties in park area waters when that ves- required convoy fee is prohibited. sel or the trailer or the carrier of that (b) Snowmobiles. After consideration vessel has been in water infested or of snow and weather conditions, the su- contaminated with aquatic nuisance perintendent may permit the use of species, except as provided in para- snowmobiles on designated routes graph (c)(2) of this section is prohib- within the park. Snowmobile use is re- ited. stricted to the established roadway. All (2) Vessels, trailers or other carriers off-road use is prohibited. The des- of vessels wishing to enter park area ignated routes are defined as follows: waters from aquatic nuisance species contaminated or infested waters may (1) All of the paved portion of the enter after being inspected and cleaned Kolob Terrace Road from the park using the technique or process appro- boundary in the west one-half of Sec. priate to the nuisance species. 33, T. 40 S., R. 11 W., Salt Lake Base (d) Placing or dumping, or attempt- and Meridian, north to where this road ing to place or dump, bait containers, leaves the park in the northwest corner live wells, or other water-holding de- of Sec. 16, T. 40 S., R. 11 W., SLBM. vises that are or were filled with This paved portion of the Kolob Ter- waters holding or contaminated by race Road is approximately three and aquatic nuisance species is prohibited. one-half miles in length. (e) Using a wet suit or associated (2) All of the unplowed, paved por- water use and diving equipment pre- tions of the Kolob Terrace Road from viously used in waters infested with the park boundary, north of Spendlove aquatic nuisance species prior to being Knoll, in Sec. 5, T. 40 S., R. 11 W., inspected and cleaned using a process SLBM, north to where this road leaves appropriate to the nuisance species is the park in the southwest corner of prohibited. Sec. 23, T. 39 S., R. 11 W., SLBM, a dis- (f) For the purpose of this section: tance of approximately five miles. (1) The term aquatic nuisance species (3) The unplowed, graded dirt road means the zebra mussel, purple from the park boundary in the south- loosestrife and Eurasian watermilfoil; east corner of Sec. 13, T. 39 S., R. 11 W., (2) The term vessel means every type SLBM, south to Lava Point Fire Look- or description of craft on the water out in the northwest quarter of Sec. 31, used or capable of being used as a T. 39 S., R. 10 W., SLBM, a distance of means of transportation, including sea- approximately one mile. planes, when on the water, and buoyant (4) The unplowed, graded dirt road devises permitting or capable of free from the Lava Point Ranger Station, flotation. southeast to the West Rim Trailhead [47 FR 55918, Dec. 14, 1982, as amended at 49 and then to a point where this road di- FR 18450, Apr. 30, 1984; 51 FR 8493, Mar. 12, vides and leaves the park, in the south- 1986; 62 FR 33751, June 23, 1997] east corner of Sec. 30, and the northeast corner of Sec. 31, T. 39 S., R. 10 W., § 7.10 Zion National Park. SLBM, a distance of approximately two (a) Vehicle convoy requirements. (1) An miles. operator of a vehicle that exceeds load (5) The unplowed, graded dirt road or size limitations established by the from the Lava Point Ranger Station, superintendent for the use of park north to the park boundary where this

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road leaves the park, all in the south- faces; any estuary, lagoon, pond or east corner of Sec. 13, T. 39 S., R. 11 W., tidal flat; or any waters temporarily SLBM, a distance of approximately covering a beach; except when such op- one-fourth mile. erations may be authorized by prior permission of the Superintendent. Per- [49 FR 34482, Aug. 31, 1984, as amended at 51 FR 4736, Feb. 7, 1986] mission shall be based on needs for emergency service, resource protec- § 7.11 Saguaro National Park. tion, or resource management. (a) Bicycling. (1) The following trails (b) Off-road operation of motor vehi- are designated as routes for bicycle cles—(1) Route designations. (i) The oper- use: ation of motor vehicles, other than on (i) That portion of the Cactus Forest established roads and parking areas, is Trail inside the Cactus Forest Drive; limited to oversand routes designated and by the Superintendent in accordance (ii) The Hope Camp Trail, from the with § 4.10(b) of this chapter. Operation Loma Alta Trailhead east to the Ari- of vehicles on these routes will be sub- zona State Trust Lands boundary, lo- ject to all provisions of parts 2 and 4 of cated approximately .2 miles beyond this chapter, as well as the specific pro- Hope Camp. visions of this paragraph (b). (2) The Superintendent may open or (ii) Oversand routes may be des- close designated routes, or portions ignated by the Superintendent in the thereof, or impose conditions or re- following locations: strictions for bicycle use after taking (A) In the eastern portion of Perdido into consideration public health and Key, from the easternmost extension of safety, natural and cultural resource the paved road to the east end of the is- protection, and other management ac- land, excluding the Perdido Key His- tivities and objectives. toric District near the former site of (i) The Superintendent will provide Fort McRee. public notice of all such actions (B) In the westernmost portion of through one or more of the methods Santa Rosa Island, from the vicinity of listed in § 1.7 of this chapter. Fort Pickens to the west end of the is- (ii) Violating a closure, condition, or land. restriction is prohibited. (iii) Oversand routes designated by (b) [Reserved] the Superintendent will be shown on maps available at park headquarters [68 FR 50077, Aug. 20, 2003, as amended at 77 FR 60053, Oct. 2, 2012] and other park offices. Signs at the entrance to each route will designate the § 7.12 Gulf Islands National Seashore. route as open to motor vehicles. (a) Operation of seaplanes and amphib- Routes will be marked as follows: ious aircraft. (1) Aircraft may be oper- (A) On beach routes, travel is per- ated on the waters within the bound- mitted only between the water’s edge aries of the Seashore surrounding Ship, and a line of markers on the landward Horn and Petit Bois Islands, but ap- side of the beach. proaches, landings and take-offs shall (B) On inland routes, travel is per- not be made within 500 feet of beaches. mitted only in the lane designated by (2) Aircraft may be moored to island pairs of markers showing the sides of beaches, but beaches may not be used the route. as runways or taxi strips. (2) Permits. (i) The Superintendent is (3) Aircraft operating in the vicinity authorized to establish a system of spe- of any developed facilities, boat docks, cial recreation permits for oversand ve- floats, piers, ramps or bathing beaches hicles and to establish special recre- will remain 500 feet from such facilities ation permit fees for these permits, and must be operated with due care consistent with the conditions and cri- and regard for persons and property teria of 36 CFR part 71. and in accordance with any posted (ii) No motor vehicle shall be oper- signs or uniform waterway markers. ated on a designated oversand route (4) Aircraft are prohibited from land- without a valid permit issued by the ing on or taking off from any land sur- Superintendent.

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(iii) Permits are not transferable to (iii) When two motor vehicles meet another motor vehicle or to another on an oversand route, both drivers driver. The driver listed on the permit shall reduce speed and the driver who must be present in the vehicle at any is traveling south or west shall yield time it is being operated on an the right of way, if the route is too oversand route. Permits are to be dis- narrow for both vehicles. played as directed at the time of (iv) The towing of trailers on issuance. oversand routes is prohibited. (iv) No permit shall be valid for more (4) Information collection. The infor- than one year. Permits may be issued mation collection requirements con- for lesser periods, as appropriate for tained in § 7.12(b)(2) have been approved the time of year at which a permit is by the Office Management and Budget issued or the length of time for which under 44 U.S.C. 3507 and assigned clear- use is requested. ance number 1024–0017. The information (v) For a permit to be issued, a motor is being collected to solicit informa- vehicle must: tion necessary for the Superintendent (A) Be capable of four-wheel drive op- to issue ORV permits. This information eration. will be used to grant administrative (B) Meet the requirements of benefits. The obligation to respond is § 4.10(c)(3) of this chapter and conform required to obtain a benefit. to all applicable State laws regarding (c) Personal Watercraft (PWC). (1) licensing, registration, inspection, in- PWCs may operate within Gulf Islands surance, and required equipment. National Seashore except in the fol- (C) Contain the following equipment lowing closed areas: to be carried at all times when the ve- (i) The lakes, ponds, lagoons and in- hicle is being operated on an oversand lets of Cat Island, East Ship Island, route: shovel; tow rope, cable or chain; West Ship Island, Horn Island, and jack; and board or similar support for Petit Bois Island; the jack. (ii) The lagoons of Perdido Key with- (vi) No permit will be issued for a in Big Lagoon; two-wheel drive motor vehicle, a mo- (iii) The areas within 200 feet from torcycle, an all-terrain vehicle, or any the remnants of the old fishing pier vehicle not meeting State require- and within 200 feet from the new fish- ments for on-road use. ing pier at Fort Pickens; and (vii) In addition to any penalty re- (iv) Within 200 feet of non-motorized quired by § 1.3 of this chapter for a vio- vessels and people in the water, except lation of regulations governing the use individuals associated with the use of of motor vehicles on oversand routes, the PWC. the Superintendent may revoke the permit of the person committing the (2) PWC may not be operated at violation or in whose vehicle the viola- greater than flat wake speed in the fol- tion was committed. No person whose lowing locations: permit has been so revoked shall be (i) Within 0.5 mile from the shoreline issued a permit for a period of one year or within 0.5 mile from either side of following revocation. the pier at West Ship Island; (3) Operation of vehicles. (i) No motor (ii) Within 0.5 mile from the shore- vehicle shall be operated in any loca- line on the designated wilderness is- tion off a designated oversand route or lands of Horn and Petit Bois; and on any portion of a route designated as (iii) Within 300 yards from all other closed by the posting of appropriate park shorelines. signs. (3) PWC are allowed to beach at any (ii) No motor vehicle shall be oper- point along the shore except as follows: ated on an oversand route in excess of (i) PWC may not beach in any re- the following speeds: stricted area listed in paragraph (c)(1) (A) 15 miles per hour while within 100 of this section; and feet of any person not in a motor vehi- (ii) PWC may not beach above the cle. mean high tide line on the designated (B) 25 miles per hour at all other wilderness islands of Horn and Petit times. Bois.

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(4) The Superintendent may tempo- (5) Operating without, or violating a rarily limit, restrict or terminate ac- term or condition of, a permit issued in cess to the areas designated for PWC accordance with this section is prohib- use after taking into consideration ited. In addition, violating a term or public health and safety, natural and condition of a permit may result in the cultural resource protection, and other suspension or revocation of the permit. management activities and objectives. (b) Employee motor vehicle permits: [41 FR 29120, July 15, 1976, as amended at 46 (1) A motor vehicle owned and/or op- FR 40875, Aug. 13, 1981; 52 FR 10686, Apr. 2, erated by an employee of the U.S. Gov- 1987; 71 FR 26244, May 4, 2006] ernment, park concessioners and contractors, whether employed in a perma- § 7.13 Yellowstone National Park. nent or temporary capacity, shall be (a) Commercial Vehicles. (1) Notwith- registered with the Superintendent and standing the prohibition of commercial a permit authorizing the use of said ve- vehicles set forth in § 5.6 of this chap- hicle in the park is required. This re- ter, commercial vehicles are allowed to quirement also applies to members of operate on U.S. Highway 191 in accord- an employee’s family living in the park ance with the provisions of this sec- who own or operate a motor vehicle tion. within the park. Such permit, issued free of charge, may be secured only (2) The transporting on U.S. Highway 191 of any substance or combination of when the vehicle operator can produce substances, including any hazardous a valid certificate of registration, and substance, hazardous material, or haz- has in his possession a valid operator’s ardous waste as defined in 49 CFR 171.8 license. No motor vehicle may be oper- that requires placarding of the trans- ated on park roads unless properly reg- port vehicle in accordance with 49 CFR istered. 177.823 or any marine pollutant that re- (2) The permit is valid only for the quires marking as defined in 49 CFR calendar year of issue. Registry must Subtitle B, is prohibited; provided, be completed and permits secured by however, that the superintendent may April 15 of each year or within one issue permits and establish terms and week after bringing a motor vehicle conditions for the transportation of into the park, whichever date is later. hazardous materials on U.S. Highway The permit shall be affixed to the vehi- 191 in emergencies or when such trans- cle as designated by the Super- portation is necessary for access to intendent. lands within or adjacent to the park (c) [Reserved] area. (d) Vessels—(1) Permit. (i) A general (3) The operator of a motor vehicle permit, issued by the Superintendent, transporting any hazardous substance, is required for all vessels operated upon hazardous material, hazardous waste, the waters of the park open to boating. or marine pollutant in accordance with In certain areas a special permit is re- a permit issued under this section is quired as specified hereinbelow. These not relieved in any manner from com- permits must be carried within the ves- plying with all applicable regulations sel at all times when any person is in 49 CFR Subtitle B, or with any other aboard, and shall be exhibited upon re- State or federal laws and regulations quest to any person authorized to en- applicable to the transportation of any force the regulations in this chapter. hazardous substance, hazardous mate- (ii) A special permit shall be issued rial, hazardous waste, or marine pollut- by the Superintendent to any holder of ant. a general permit who expresses the in- (4) The superintendent may require a tention to travel into either the South permit and establish terms and condi- Arm or the Southeast Arm ‘‘Five Mile tions for the operation of a commercial Per Hour Zones’’ of Yellowstone Lake, vehicle on any park road in accordance as defined in paragraphs (d)(6) (ii) and with § 1.6 of this chapter. The super- (iii) of this section, upon the comple- intendent may charge a fee for permits tion and filing of a form statement in in accordance with a fee schedule es- accordance with the provisions of para- tablished annually. graph (d)(10) of this section.

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(iii) Neither a general nor special and Southeast Arm, but which specifi- permit shall be issued until the per- cally exclude the southernmost 2 miles mittee has signed a statement certi- of both Arms which are open only to fying that he is familiar with the speed hand-propelled vessels. and all other limitations and require- (i) The following portion of Flat ments in these regulations. The appli- Mountain Arm of Yellowstone Lake is cant for a special permit shall also restricted to hand-propelled vessels: agree in writing to provide, in accord- West of a line beginning at a point ance with paragraph (d)(10) of this sec- marked by a monument located on the tion, information concerning the ac- south shore of the Flat Mountain Arm tual travel within the ‘‘Five Mile Per and approximately 10,200 feet easterly Hour Zones.’’ from the southwest tip of the said arm, (2) Removal of vessels. All privately said point being approximately owned vessels, boat trailers, water- 44°22′13.2″ N. latitude and 110°25′07.2″ W. borne craft of any kind, buoys, moor- longitude, then running approximately ing floats, and anchorage equipment 2,800 feet due north to a point marked will not be permitted in the park prior by a monument located on the north to May 1 and must be removed by No- shore of the Flat Mountain Arm, said vember 1. point being approximately 44°22′40″ N. (3) Restricted landing areas. (i) Prior latitude and 110°25′07.2″ W. longitude. to July 1 of each year, the landing of (ii) In the South Arm that portion any vessel on the shore of Yellowstone between a line from Plover Point run- Lake between Trail Creek and ning generally east to a point marked Beaverdam Creek is prohibited, except by a monument on the northwest tip of upon written permission of the Super- intendent. the peninsula common to the South (ii) The landing or beaching of any and Southeast Arms; and a line from a vessel on the shores of Yellowstone monument located on the west shore of Lake (a) within the confines of Bridge the South Arm approximately 2 miles Bay Marina and Lagoon and the con- north of the cairn which marks the ex- necting channel with Yellowstone treme southern extremity of Yellow- Lake; and (b) within the confines of stone Lake in accordance with the Act Grant Village Marina and Lagoon and of Congress establishing Yellowstone the connecting channel with Yellow- National Park; said point being ap- ° ′ ″ stone Lake is prohibited except at the proximately in latitude 44 18 22.8 N., at ° ′ ″ piers or docks provided for the purpose. longitude 110 20 04.8 W., Greenwich Me- (4) Closed waters. (i) Vessels are pro- ridian, running due east to a point on hibited on Sylvan Lake, Eleanor Lake, the east shore of the South Arm Twin Lakes, and Beach Springs La- marked by a monument. Operation of goon. motorboats south of the latter line is (ii) Vessels are prohibited on park prohibited. rivers and streams (as differentiated (iii) In the Southeast Arm that por- from lakes and lagoons), except on the tion between a line from a monument channel between Lewis Lake and Sho- on the northwest tip of the peninsula shone Lake, which is open only to common to the South and Southeast handpropelled vessels. Arms which runs generally east to a (5) Lewis Lake motorboat waters. Mo- monument at the mouth of Columbine torboats are permitted on Lewis Lake. Creek; and a line from a cairn which (6) Yellowstone Lake motorboat waters. marks the extreme eastern extremity Motorboats are permitted on Yellow- of Yellowstone Lake, in accordance stone Lake except in Flat Mountain with the Act of Congress establishing Arm as described in paragraph (d)(6)(i) Yellowstone National Park; said point of this section and as restricted within being approximately in latitude the South Arm and the Southeast Arm 44°19′42.0″ N., at longitude 110°12′06.0″ where operation is confined to areas W., Greenwich Meridian, running west- known as ‘‘Five Mile Per Hour Zones’’ erly to a point on the west shore of the which waters are between the lines as Southeast Arm, marked by a monu- described in paragraphs (d)(6) (ii) and ment; said point being approximately (iii) of this section in the South Arm in latitude 44°20′03.6″ N., at longitude

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110°16′19.2″ W., Greenwich Meridian. Op- (e) Fishing. (1) Fishing restrictions, eration of motorboats south of the lat- based on management objectives deter line is prohibited. scribed in the park’s Resources Man- (7) Motorboats are prohibited on park agement Plan, are established annually waters except as permitted in para- by the superintendent. graphs (d) (5) and (6) of this section. (2) The superintendent may impose (8) Hand-propelled vessel waters. Hand- closures and establish conditions or re- propelled vessels and sail vessels may strictions, in accordance with the cri- operate in park waters except on those teria and procedures of §§ 1.5 and 1.7 of waters named in paragraph (d)(4) of this chapter, on any activity per- this section. taining to fishing, including, but not (9) Five Mile Per Hour Zone motorboat limited to, seasons and hours during restrictions. The operation of motor- which fishing may take place, size, boats within ‘‘Five Mile Per Hour creel and possession limits, species of Zones’’ is subject to the following re- fish that may be taken and methods of strictions: taking. (i) Class 1 and Class 2 motorboats (3) Closed waters. The following shall proceed no closer than one-quar- waters of the park are closed to fishing ter mile from the shoreline except to and are so designated by appropriate debark or embark passengers, or while signs: moored when passengers are ashore. (i) Pelican Creek from its mouth to a (ii) [Reserved] point two miles upstream. (10) Permission required to operate mo- (ii) The Yellowstone River and its torboats in Five Mile Per Hour Zone. tributary streams from the Yellow- Written authority for motorboats to stone Lake outlet to a point one mile enter either or both the South Arm or downstream. the Southeast Arm ‘‘Five Mile Per (iii) The Yellowstone River and its Hour Zones’’ shall be granted to an op- tributary streams from the confluence erator providing that prior to com- of Alum Creek with the Yellowstone mencement of such entry the operator River upstream to the Sulphur Cal- completes and files with the Super- dron. intendent a form statement showing: (iv) The Yellowstone River from the (i) Length, make, and number of mo- top of the Upper Falls downstream to a torboat. point directly below the overlook (ii) Type of vessel, such as inboard, known as Inspiration Point. inboard-outboard, turbojet, and includ- (v) Bridge Bay Lagoon and Marina ing make and horsepower rating of and Grant Village Lagoon and Marina motor. and their connecting channels with (iii) Name and address of head of Yellowstone Lake. party. (vi) The shores of the southern ex- (iv) Number of persons in party. treme of the West Thumb thermal area (v) Number of nights planned to along the shore of Yellowstone Lake to spend in each ‘‘Five Mile Per Hour the mouth of Little Thumb Creek. Zone.’’ (vii) The Mammoth water supply res- (vi) Place where camping is planned ervoir. within each ‘‘Five Mile Per Hour (4) Fishing in closed waters or vio- Zone,’’ or if applicable, whether party lating a condition or restriction estab- will remain overnight on board. lished by the superintendent is prohib- (11) The disturbance of birds inhabited. iting or nesting on either of the islands (f) Commercial passenger-carrying vehi- designated as ‘‘Molly Islands’’ in the cles. The prohibition against the com- Southeast Arm of Yellowstone Lake is mercial transportation of passengers prohibited; nor shall any vessel ap- by motor vehicles in Yellowstone Na- proach the shoreline of said islands tional Park contained in § 5.4 of this within one-quarter mile. chapter shall be subject to the fol- (12) Boat racing, water pageants, and lowing exception: Motor vehicles oper- spectacular or unsafe types of rec- ated on an infrequent and non- reational use of vessels are prohibited scheduled tour on which the visit to on park waters. the park is an incident to such tour,

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carrying only round trip passengers (k) Portable engines and motors. The traveling from the point of origin of operation of motor-driven chain saws, the tour will, subject to the conditions portable motor-driven electric light set forth in this paragraph, be accorded plants, portable motor-driven pumps, admission to the park for the purpose and other implements driven by port- of delivering passengers to a point of able engines and motors is prohibited overnight stay in the park and exit in the park, except in Mammoth, Can- from the park. After passengers have yon, Fishing Bridge, Bridge Bay, Grant completed their stay, such motor vehi- Village, and Madison Campgrounds, for cles shall leave the park by the most park operation purposes, and for con- convenient exit station, considering struction and maintenance projects au- their destinations. Motor vehicles ad- thorized by the Superintendent. This mitted to the park under this para- restriction shall not apply to outboard graph shall not, while in the park, en- motors on waters open to gage in general sightseeing operations. motorboating. Admission will be accorded such vehi- (l)(1) What is the scope of this regula- cles upon establishing to the satisfaction? The regulations contained in tion of the superintendent that the paragraphs (l)(2) through (l)(15) and tour originated from such place and in (l)(18) of this section apply to the use of such manner as not to provide in effect snowcoaches and snowmobiles by a regular and duplicating service con- guides and park visitors. Except where flicting with, or in competition with, indicated, paragraphs (l)(2) through the services provided for the public (l)(15) do not apply to non-administra- pursuant to contract authorization tive oversnow vehicle use by affiliated from the Secretary. The super- persons. intendent shall have the authority to (2) What terms do I need to know? The specify the route to be followed by such definitions in this paragraph (l)(2) also vehicles within the park. apply to non-administrative oversnow (g) Camping. (1) Camping in Yellow- vehicle use by affiliated persons. stone National Park by any person, Affiliated persons means persons other party, or organization during any cal- than guides or park visitors. Affiliated endar year during the period Labor persons include NPS employees, con- Day through June 30, inclusive, shall tractors, concessioner employees, their not exceed 30 days, either in a single families and guests, or other persons designated by the Superintendent. period or combined separate periods, Commercial guide means a person who when such limitations are posted. operates as a snowmobile or snowcoach (2) The intensive public-use season guide for a monetary fee or other com- for camping shall be the period July 1 pensation and is authorized to operate to Labor Day. During this period camp- in the park under a concession con- ing by any person, party, or organiza- tract or a commercial use authorization shall be limited to a total of 14 tion. days either in a single period or com- Commercial tour operator means a per- bined separate periods. son authorized to operate oversnow ve- (h) Dogs and cats. Dogs and cats on hicle tours in the park under a conces- leash, crated, or otherwise under phys- sion contract or a commercial use au- ical restraint are permitted in the park thorization. only within 100 feet of established Enhanced emission standards means roads and parking areas. Dogs and cats for snowmobiles, a maximum of 65 are prohibited on established trails and dB(A) as measured at cruising speed boardwalks. (approximately 35 mph) in accordance (i) [Reserved] with the Society of Automotive Engi- (j) Travel on trails. Foot travel in all neers (SAE) J1161 test procedures and thermal areas and within the Yellow- certified under 40 CFR part 1051 to a stone Canyon between the Upper Falls Family Emission Limit no greater and Inspiration Point must be confined than 60 g/kW-hr for carbon monoxide; to boardwalks or trails that are main- and for snowcoaches, a maximum of 71 tained for such travel and are marked dB(A) when measured by operating the by official signs. snowcoach at cruising speed for the

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test cycle in accordance with the SAE Snowcoach transportation event means J1161 test procedures. one snowcoach that does not meet en- Guide means a commercial guide or a hanced emission standards traveling in non-commercial guide. Yellowstone National Park on any Non-commercial guide means a person given day, or two snowcoaches that who has successfully completed train- both meet enhanced emission standing and certification requirements es- ards traveling together in Yellowstone tablished by the Superintendent that National Park on any given day. demonstrate the requisite knowledge Snowmobile means a self-propelled ve- and skills to operate a snowmobile in hicle intended for travel solely on Yellowstone National Park. In order to snow, with a maximum curb weight of be certified and receive a special use 1,000 pounds (450 kilograms), driven by permit, a non-commercial guide must a track or tracks in contact with the be at least 18 years of age by the day of snow, and which may be steered by a the trip and possess a valid state-issued ski or skis in contact with the snow. motor vehicle driver’s license. Snowmobile transportation event means Non-commercially guided group means a group of 10 or fewer commercially a group of no more than five snowmo- guided snowmobiles traveling together biles, including a non-commercial in Yellowstone National Park on any guide, permitted to enter the park given day or a non-commercially guided group, which is defined separately. under the Non-commercially Guided Snowmobiles entering Cave Falls Road Snowmobile Access Program. are not considered snowmobile trans- Non-commercially Guided Snowmobile portation events. Access Program means a program that Snowplane means a self-propelled ve- permits authorized parties to enter hicle intended for oversnow travel and Yellowstone National Park without a driven by an air-displacing propeller. commercial guide. Transportation event means a snow- Oversnow route means that portion of mobile transportation event or a the unplowed roadway located between snowcoach transportation event. the road shoulders and designated by (3) When may I operate a snowmobile in snow poles or other poles, ropes, fenc- Yellowstone National Park? You may oping, or signs erected to regulate erate a snowmobile in Yellowstone Na- oversnow activity. Oversnow routes in- tional Park each winter season only in clude pullouts or parking areas that compliance with use limits, guiding re- are groomed or marked similarly to quirements, operating hours, equip- roadways and are adjacent to des- ment, and operating conditions estab- ignated oversnow routes. An oversnow lished under this section. The oper- route may also be distinguished by the ation of snowmobiles under a conces- interior boundaries of the berm created sions contract or commercial use au- by the packing and grooming of the thorization is subject to the conditions unplowed roadway. stated in the concessions contract or Oversnow vehicle means a snow- commercial use authorization. The Su- mobile, snowcoach, or other motorized perintendent may establish additional vehicle that is intended for travel pri- operating conditions after providing marily on snow and has been author- notice of those conditions in accord- ized by the Superintendent to operate ance with one or more methods listed in the park. All-terrain vehicles and in 36 CFR 1.7. utility-type vehicles are not oversnow (4) When may I operate a snowcoach in vehicles, even if they have been modi- Yellowstone National Park? (i) A fied for use on snow with track or ski snowcoach may be operated in Yellow- systems stone National Park only under a con- Snowcoach means a self-propelled cessions contract or commercial use mass transit vehicle intended for travel authorization each winter season. on snow, having a curb weight of over Snowcoach operation is subject to the 1,000 pounds (450 kilograms), having a conditions stated in the concessions capacity of at least eight passengers contract or commercial use authoriza- and no more than 32 passengers, plus a tion and all other conditions identified driver. in this section. The Superintendent

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may establish additional operating (A) new snowcoaches put into service conditions, including performance- on or after December 15, 2014; based emission standards for (B) snowcoaches used in lieu of snow- snowcoaches, after providing notice of mobile transportation events during those conditions in accordance with the 2014–2015 and 2015–2016 winter sea- one or more methods listed in 36 CFR sons; and 1.7. (C) all existing snowcoaches as of De- (ii) The requirements in paragraphs cember 15, 2016. (l)(4)(iii) through (iv) of this section (iii) The following air emission re- apply to: quirements apply to snowcoaches:

A snowcoach that is a . . . must meet the following standard . . .

(A) Diesel-fueled snowcoach with a gross vehicle The functional equivalent of 2010 (or newer) EPA Tier 2 model year weight rating (GVWR) less than 8,500 pounds. engine and emission control technology requirements. (B) Diesel-fueled snowcoach with a GVWR greater than The EPA model year 2010 ‘‘engine configuration certified’’ diesel air or equal to 8,500 pounds. 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 equal to The functional equivalent of 2008 (or newer) EPA Tier 2 model year 10,000 GVWR. engine and emission control technology requirements. (D) Gasoline-fueled snowcoach less than 10,000 The functional equivalent of 2007 (or newer) EPA Tier 2 model year GVWR. engine and emission control technology requirements.

(iv) A snowcoach may not exceed a the engine manufacture date, or longer sound level of 75 dB(A) when measured if the snowcoach is certified to meet by operating the snowcoach at 25 mph, performance-based emission standards or at its maximum cruising speed if established by the Superintendent that is less than 25 mph, for the test under paragraph (l)(4)(i) of this section. cycle in accordance with the SAE J1161 (viii) Snowcoaches are subject to test procedures. periodic and unannounced inspections (v) All emission-related exhaust com- to determine compliance with the re- ponents (as listed in the applicable por- quirements of paragraph (l)(4) of this tion of 40 CFR 86.004–25) must function section. properly. These emission-related com- (ix) This paragraph (l)(4) also applies ponents must be replaced with the to non-administrative oversnow vehi- original equipment manufacturer cle use by affiliated persons. (OEM) component, if practicable. If (5) Must I operate a certain model of OEM parts are not available, snowmobile? Only snowmobiles that aftermarket parts may be used. meet NPS air and sound emissions re- (vi) Operating a snowcoach with the quirements in this section may be op- original pollution control equipment erated in the park. Before the start of disabled or modified is prohibited. a winter season, a snowmobile manu- (vii) Before the start of a winter sea- facturer must demonstrate, by means son, a snowcoach manufacturer or a acceptable to the Superintendent, that commercial tour operator must dem- a snowmobile meets the air and sound onstrate, by means acceptable to the emission standards. The Super- Superintendent, that a snowcoach intendent will approve snowmobile meets the air and sound emission makes, models, and years of manufac- standards. The NPS will test and cer- ture that meet those requirements. tify snowcoaches for compliance with Any snowmobile model not approved air and sound emission requirements at by the Superintendent may not be op- locations in the park. A snowcoach erated in the park. meeting the requirements for air and (6) What standards will the Super- sound emissions may be operated in intendent use to approve snowmobile the park through the winter season makes, models, and years of manufacture that begins no more than 10 years from for use in the park? (i) Snowmobiles

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must meet the following air emission determine compliance with the re- requirements: quirements of paragraph (l)(6) of this (A) Through March 15, 2015, all snow- section. mobiles must be certified under 40 CFR (vii) This paragraph (l)(6) also applies part 1051 to a Family Emission Limit to non-administrative oversnow vehi- no greater than 15 g/kW-hr for hydro- cle use by affiliated persons. carbons and to a Family Emission (7) Where may I operate a snowmobile Limit no greater than 120 g/kW-hr for in Yellowstone National Park? (i) You carbon monoxide. may operate an authorized snowmobile (B) As of December 15, 2015, all snow- only upon designated oversnow routes mobiles must be certified under 40 CFR established within the park in accord- part 1051 to a Family Emission Limit ance with 36 CFR 2.18(c). The following no greater than 15 g/kW-hr for hydro- oversnow routes are so designated: carbons and to a Family Emission (A) Entrance roads: from the parking Limit no greater than 90 g/kW-hr for lot at Upper Terrace Drive south of carbon monoxide. Mammoth Hot Springs to Norris Junc- (ii) Snowmobiles must meet the fol- tion, from the park boundary at West lowing sound emission requirements: Yellowstone to Madison Junction, from (A) Through March 15, 2015, snowmo- the South Entrance to West Thumb, biles must operate at or below 73 dB(A) and from the East Entrance to junction as measured at full throttle according with the Grand Loop Road. to SAE J192 test procedures (revised (B) Grand Loop Road segments: from 1985). During this period, snowmobiles Norris Junction to Madison Junction, may be tested at any barometric pres- from Madison Junction to West sure equal to or above 23.4 inches Hg Thumb, from West Thumb to the junc- uncorrected. tion with the East Entrance Road, (B) As of December 15, 2015, snowmo- from Norris Junction to Canyon Junc- biles must operate at or below 67 dB(A) tion, and from Canyon Junction to the as measured at cruising speed (approxi- junction with the East Entrance Road. mately 35mph) in accordance with SAE (C) Side roads: South Canyon Rim J1161 test procedures. Sound emissions Drive, Lake Butte Road, Firehole Can- tests must be accomplished within the yon Drive, North Canyon Rim Drive, barometric pressure limits of the test and Riverside Drive. procedure; there will be no allowance (D) Developed area roads in the areas for elevation. A population of measure- of Madison Junction, Old Faithful, ments for a snowmobile model may not Grant Village, West Thumb, Lake, East exceed a mean output of 67 dB(A), and Entrance, Fishing Bridge, Canyon, In- a single measurement may not exceed dian Creek, and Norris. 69 dB(A). The Superintendent may re- (ii) The Superintendent may open or vise these testing procedures based on close these oversnow routes, or por- new information or updates to the SAE tions thereof, for snowmobile travel J1161 testing procedures. after taking into consideration the lo- (iii) A snowmobile meeting the re- cation of wintering wildlife, appro- quirements for air and sound emissions priate snow cover, public safety, ava- may be operated in the park for a pe- lanche conditions, resource protection, riod not exceeding six years from the park operations, use patterns, and manufacturing date, or after the snow- other factors. The Superintendent will mobile has travelled 6,000 miles, which- provide public notice of any opening or ever occurs later. closing by one or more of the methods (iv) Operating a snowmobile that has listed in 36 CFR 1.7. been modified in a manner that may (iii) This paragraph (l)(7) also applies adversely affect air or sound emissions to non-administrative oversnow vehi- is prohibited. cle use by affiliated persons. (v) These air and sound emissions re- (iv) Maps detailing the designated quirements do not apply to snowmo- oversnow routes are available at Park biles operated on the Cave Falls Road Headquarters. in the park. (8) What routes are designated for (vi) Snowmobiles are subject to peri- snowcoach use? (i) Authorized odic and unannounced inspections to snowcoaches may be operated on the

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routes designated for snowmobile use December 15, 2014, the number of snow- in paragraph (l)(7)(i) of this section. mobiles and snowcoaches permitted to Snowcoaches may be operated on the operate in the park each day will be Grand Loop Road from Canyon Junc- managed by transportation events, as tion to the Washburn Hot Springs follows: Overlook. In addition, rubber-tracked (i) A transportation event consists of snowcoaches may be operated from the a group of no more than 10 snowmo- park entrance at Gardiner, MT, to the biles (including the snowmobile oper- parking lot of Upper Terrace Drive and ated by the guide) or 1 snowcoach (un- in the Mammoth Hot Springs developed less enhanced emission standards allow area. for 2). (ii) The Superintendent may open or (ii) No more than 110 transportation close these oversnow routes, or por- events may occur in Yellowstone Na- tions thereof, after taking into consid- tional Park on any given day. eration the location of wintering wildlife, appropriate snow cover, public (iii) No more than 50 of the 110 trans- safety, avalanche conditions, resource portation events allowed each day may protection, park operations, use pat- be snowmobile transportation events. terns, and other factors. The Super- (iv) Four of the 50 snowmobile trans- intendent will provide public notice of portation events allowed each day are any opening or closing by one of more reserved for non-commercially guided of the methods listed in 36 CFR 1.7. groups, with one such group allowed (iii) This paragraph (l)(8) also applies per entrance per day. The Super- to non-administrative snowcoach use intendent may adjust or terminate the by affiliated persons. Non-commercially Guided Snowmobile (9) Must I travel with a guide while Access Program, or redistribute non- snowmobiling in Yellowstone and what commercially guided transportation other guiding requirements apply? (i) All events, based upon impacts to park re- visitors operating snowmobiles in the sources, park operations, utilization park must be accompanied by a guide. rates, visitor experiences, or other fac- (ii) Unguided snowmobile access is tors, after providing public notice in prohibited. accordance with one or more methods (iii) The Superintendent will estab- listed in 36 CFR 1.7. lish the requirements, including train- (v) Transportation events allocated ing and certification requirements for to commercial tour operators may be commercial guides and non-commer- exchanged among commercial tour op- cial guides and accompanying snow- erators, but only for the same entrance mobile operators. or location. (iv) Guided parties must travel to- (vi) Commercial tour operators may gether within one-third of a mile of the decide whether to use their daily allo- first snowmobile in the group. cations of transportation events for (v) Snowmobiles operated by non- snowmobiles or snowcoaches, subject commercial guides must be clearly to the limits in this section. marked so that park personnel can easily ascertain which snowmobiles in the (vii) Transportation events may not park are part of a non-commercially exceed the maximum number of guided group. oversnow vehicles allowed for each (vi) Non-commercial guides must ob- transportation event. tain a special use permit from the Non- (viii) Snowmobile transportation commercially Guided Snowmobile Ac- events conducted by a commercial tour cess Program prior to entering the operator may not exceed an average of park with a non-commercially guided 7 snowmobiles, averaged over the win- group. ter season. However, snowmobile trans- (vii) The guiding requirements de- portation events conducted by a com- scribed in this paragraph (l)(9) do not mercial tour operator that consist en- apply to Cave Falls Road. tirely of snowmobiles meeting en- (10) Are there limits upon the number of hanced emission standards may not ex- snowmobiles and snowcoaches permitted ceed an average of 8 snowmobiles, aver- to operate in the park each day? As of aged over the winter season. For the

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2014–2015 winter season only, snow- (x) A commercial tour operator that mobile transportation events con- is allocated a transportation event, but ducted by a commercial tour operator does not use it or exchange it can that consist of any snowmobile that count that event as ‘‘0’’ against that does not meet the air emission require- commercial tour operator’s daily and ments in paragraph (l)(6)(i)(B) of this seasonal averages. A commercial tour section or the sound emission require- operator that receives a transportation ments in paragraph (l)(6)(ii)(B) of this event from another concessioner, but section may not exceed an average of 7 does not use it, may also count that snowmobiles, averaged daily. event as ‘‘0’’ against its daily and sea- (ix) Snowcoach transportation events sonal averages. that consist entirely of snowcoaches (xi) Up to 50 snowmobiles may enter meeting enhanced emission standards Cave Falls Road each day. may not exceed an average of 1.5 (xii) Daily allocations and entrance snowcoaches, averaged over the winter distributions for transportation events season. 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 guided guided events if all 50 commercially Park entrance/location snowmobile snowmobile snowmobile guided transportation transportation transportation snowmobile events events events are used transportation 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 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 de- (xiv) For the 2013–2014 winter season crease the maximum number of trans- only, the number of snowmobiles and portation events allowed in the park snowcoaches allowed to operate in the each day, or make limited changes to park each day is limited to a certain the transportation events allocated to number per entrance or location as set each entrance, after taking into con- forth in the following table. During sideration the location of wintering this period, all snowmobiles operated wildlife, appropriate snow cover, public by park visitors must be accompanied safety, avalanche conditions, park op- by a commercial guide. Snowmobile erations, utilization rates, visitor expe- parties must travel in a group of no riences, or other factors. The Super- more than 11 snowmobiles, including intendent will provide public notice of the guide. changes by one or more of the methods listed in 36 CFR 1.7.

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

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NUMBER OF SNOWMOBILES AND SNOWCOACHES ALLOWED IN THE PARK ON ANY DAY BY PARK ENTRANCE/LOCATION FOR THE 2013–2014 WINTER SEASON—Continued

Commercially Commercially Park entrance/location guided guided snowmobiles snowcoaches

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 (iv) To qualify for the increased aver- effect until March 15, 2014. age size of snowmobile transportation (11) How will the park monitor compli- events or increased maximum size of ance with the required average and max- snowcoach transportation events, a imum size of transportation events? As of commercial tour operator must: December 15, 2014: (A) Demonstrate before the start of a (i) Each commercial tour operator winter season, by means acceptable to must maintain accurate and complete the Superintendent, that his or her records of the number of transpor- snowmobiles or snowcoaches meet the tation events it has brought into the enhanced emission standards; and park on a daily basis. (B) Maintain separate records for (ii) The records kept by commercial snowmobiles and snowcoaches that tour operators under paragraph meet enhanced emission standards and those that do not to allow the park to (l)(11)(i) of this section must be made measure compliance with required av- available for inspection by the park erage and maximum sizes of transpor- upon request. tation events. (iii) Each commercial tour operator (12) How will I know when I can oper- must submit a monthly report to the ate a snowmobile or snowcoach in the park that includes the information park? The Superintendent will: below about snowmobile and (i) Determine the start and end dates snowcoach use. We may require the re- of the winter season, which will begin port to be submitted more frequently no earlier than December 15 and end no than monthly if it becomes necessary later than March 15 each year. The Su- to more closely monitor activities to perintendent will consider appropriate protect natural or cultural resources in factors when determining the length of the park. the winter season, including adequate (A) Average group size for allocated snow cover, the location of wintering transportation events during the pre- wildlife, public safety, resource protec- vious month and for the winter season tion, park operations, and use patterns. to date. Any transportation events Based upon these factors, the Super- that have been exchanged among com- intendent may determine that there mercial tour operators must be noted will be no winter season for oversnow and the receiving party must include vehicles or that certain areas of the these transportation events in its re- park may be closed to public OSV use. ports. (ii) Determine operating hours, dates, (B) For each transportation event; and use levels. the departure date, the duration of the (iii) Notify the public of the start and trip (in days), the event type (snow- end dates of the winter season, oper- mobile or snowcoach), the number of ating hours, dates, use levels, and any snowmobiles or snowcoaches, the num- applicable changes through one or ber of visitors and guides, the entrance more of the methods listed in § 1.7 of used, route, and primary destinations, this chapter. and if the transportation event alloca- (iv) Except for emergency situations, tion was from another commercial tour announce annually any changes to the operator. operating hours, dates, and use levels.

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(13) What other conditions apply to the (D) Snowmobiles must be properly operation of oversnow vehicles? (i) The registered in the U.S. State or Cana- following are prohibited: dian Province of principal use and (A) Idling an oversnow vehicle for must display a valid registration. more than three minutes at any one (E) The only motor vehicles per- time. mitted on oversnow routes are (B) Driving an oversnow vehicle oversnow vehicles. while the driver’s motor vehicle license (F) An oversnow vehicle that does or privilege is suspended or revoked. not meet the definition of a snowcoach (C) Allowing or permitting an unli- must comply with all requirements ap- censed driver to operate an oversnow plicable to snowmobiles. vehicle. (iii) The Superintendent may impose (D) Driving an oversnow vehicle with other terms and conditions as nec- disregard for the safety of persons, essary to protect park resources, visi- property, or park resources, or other- tors, or employees. The Superintendent wise in a reckless manner. will notify the public of any changes (E) Operating an oversnow vehicle without a lighted white headlamp and through one or more methods listed in red taillight. § 1.7 of this chapter. (F) Operating an oversnow vehicle (iv) This paragraph (l)(13) also applies that does not have brakes in good to non-administrative oversnow vehi- working order. cle use by affiliated persons. (G) The towing of persons on skis, (14) What conditions apply to alcohol sleds, or other sliding devices by use while operating an oversnow vehicle? oversnow vehicles, except for emer- In addition to 36 CFR 4.23, the fol- gency situations. lowing conditions apply: (H) Racing snowmobiles, or operating (i) Operating or being in actual phys- a snowmobile in excess of 35 mph, or ical control of an oversnow vehicle is operating a snowmobile in excess of prohibited when the operator is under any lower speed limit in effect under 21 years of age and the alcohol con- § 4.21(a)(1) or (2) of this chapter or that centration in the operator’s blood or has been otherwise designated. breath is 0.02 grams or more of alcohol (I) Operating a snowcoach in excess per 100 milliliters of blood, or 0.02 of 25 mph, or operating a snowcoach in grams or more of alcohol per 210 liters excess of any lower speed limit in ef- of breath. fect under § 4.21(a)(1) or (2) of this chap- (ii) Operating or being in actual ter or that has been otherwise des- physical control of an oversnow vehicle ignated. is prohibited when the operator is a (ii) The following are required: guide and the alcohol concentration in (A) All oversnow vehicles that stop the operator’s blood or breath is 0.04 on designated routes must pull over to grams or more of alcohol per 100 milli- the far right and next to the snow liters of blood or 0.04 grams or more of berm. Pullouts must be used where alcohol per 210 liters of breath. available and accessible. Oversnow ve- (iii) This paragraph (1)(14) also ap- hicles may not be stopped in a haz- plies to non-administrative oversnow ardous location or where the view vehicle use by affiliated persons. might be obscured. Oversnow vehicles may not be operated so slowly as to (15) Do other NPS regulations apply to interfere with the normal flow of traf- the use of oversnow vehicles? (i) The use fic. of oversnow vehicles in Yellowstone (B) Oversnow vehicle drivers must National Park is subject to §§ 2.18(a) possess and carry at all times a valid and (c), but not subject to §§ 2.18(b), (d), government-issued motor vehicle driv- (e), and 2.19(b) of this chapter. er’s license. A learner’s permit does not (ii) This paragraph (l)(15) also applies satisfy this requirement. to non-administrative oversnow vehi- (C) Equipment sleds towed by a snow- cle use by affiliated persons. mobile must be pulled behind the snow- (16) What forms of non-motorized mobile and fastened to the snowmobile oversnow transportation are allowed in with a rigid hitching mechanism. the park?

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(i) Non-motorized travel consisting of § 7.14 Great Smoky Mountains Na- skiing, skating, snowshoeing, or walk- tional Park. ing is permitted unless otherwise re- (a) Fishing—(1) License. A person fish- stricted under this section or other ing within the park must have in pos- NPS regulations. session the proper State fishing license (ii) The Superintendent may des- issued by either Tennessee or North ignate areas of the park as closed, re- Carolina. A holder of a valid resident open previously closed areas, or estab- or nonresident license issued by either lish terms and conditions for non-mo- State may fish throughout the park ir- torized travel within the park in order respective of State boundaries, except to protect visitors, employees, or park in Closed and Excluded Waters. resources. The Superintendent will no- (2) Closed and Excluded Waters. All tify the public in accordance with § 1.7 waters of Mingus Creek, Lands Creek, of this chapter. Chestnut Branch and that portion of (iii) Dog sledding and ski-joring (a LeConte Creek as posted through the skier being pulled by a dog, horse, or park residential area of Twin Creeks, vehicle) are prohibited. Bicycles, in- are closed to and excluded from fish- cluding bicycles modified for oversnow ing. travel, are prohibited on oversnow (3) Open Waters. (i) All of the waters routes in Yellowstone National Park. of the Oconaluftee River downstream (17) May I operate a snowplane in Yel- from where it joins with Raven Fork to the park boundary and that portion of lowstone National Park? The operation Raven Fork from its junction with the of a snowplane in Yellowstone National Oconaluftee River upstream and paral- Park is prohibited. leling the Big Cove Road to the park (18) Is violating a provision of this sec- boundary are open to fishing in accord- tion prohibited? (i) Violating a term, ance with the Cherokee Fish and Game condition, or requirement of paragraph Management regulations. (l) of this section is prohibited. (ii) All other park waters are open to (ii) Violation of a term, condition, or fishing in accordance with National requirement of paragraph (l) of this Park Service regulations. section by a guide may also result in (4) Season. Open all year for rainbow the administrative revocation of guid- and brown trout, smallmouth bass, and ing privileges. redeye (rockbass). All other fish are (19) Have the information collection re- protected and may not be taken by any quirements been approved? The Office of means. Management and Budget has reviewed (5) Time. Fishing is permitted from and approved the information collec- sunrise to sunset only. tion requirements in paragraph (l) and (6) Fish and equipment and bait. Fish- assigned OMB Control No. 1024–0266. We ing is permitted only by use of one will use this information to monitor handheld rod and line. compliance with the required average (i) Only artificial flies or lures hav- and maximum size of transportation ing one single hook may be used. events. The obligation to respond is re- (ii) The use or possession of any form quired in order to obtain or retain a of fish bait other than artificial flies or benefit. lures on any park stream while in pos- (m) Swimming. The swimming or session of fishing tackle is prohibited. bathing in a natural, historical, or ar- (7) Size limits. All trout or bass caught cheological thermal pool or stream less than the legal length shall be im- that has waters originating entirely mediately returned unharmed to the from a thermal spring or pool is pro- water from which taken. ″ hibited. (i) No trout or bass less than 7 in length may be retained. [36 FR 12014, June 24, 1971] (ii) No size limit on redeye (rockbass). EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 7.13, see the List of CFR (8) Possession limit. (i) Possession Sections Affected, which appears in the limit shall mean and include the num- Finding Aids section of the printed volume ber of trout, bass or redeye (rockbass) and at www.fdsys.gov. caught in park waters which may be in

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possession, regardless of whether they nied when such action is necessary to are fresh, stored in ice chests, or other- protect park resources or park visitors, wise preserved. A person must stop and or to regulate levels of visitor use in desist from fishing for the remainder of legislatively-designated wilderness the day upon attaining the possession areas; limit. (2) No person may camp in or with a (ii) Five, fish, trout, bass, or redeye, group of more than nine (9) other per- or a combination thereof, is the max- sons; imum number which a person may re- (3) No person or group may tain in one day or be in possession of at backcountry camp: any one time. (i) Within 250 yards or in view from (9) The superintendent may designate any paved park road or the park bound- certain waters as Experimental Fish ary; Management Waters and issue tem- (ii) Within one-half mile or in view porary and special rules regulating from any automobile campground, fishing use by posting signs and lodge, restaurant, visitor center, picnic issuance of official public notification. area, ranger station, administrative or All persons shall observe and abide by maintenance area, or other park devel- such officially posted rules pertaining opment or facility except a trail, an to these specially designated waters. unpaved road or a trail shelter; (b) Beer and alcoholic beverages. The (iii) On or in view from any trail or possession of beer or any alcoholic bev- unpaved road, or within sight of any erages in an open or unsealed con- sign which has been posted by park au- tainer, except in designated picnic, thorities to designate a no camping camping, or overnight lodging facili- area; ties, is prohibited. (iv) Within view of another camping [24 FR 11041, Dec. 30, 1959, as amended at 31 party, or inside or within view from a FR 5827, Apr. 15, 1966; 32 FR 21038, Dec. 30, trail shelter: Provided, however, That 1967; 33 FR 18156, Dec. 6, 1968; 40 FR 16315, backcountry campers may seek shelter Apr. 11, 1975; 40 FR 25590, June 17, 1975; 48 FR and sleep within or adjacent to a trail 30294, June 30, 1983; 48 FR 31022, July 6, 1983] shelter with other camping groups, during periods of severely unseasonable § 7.15 Shenandoah National Park. weather when the protection and (a) Backcountry camping. For pur- amenities of such shelter are deemed poses of clarification at Shenandoah essential; National Park, ‘‘backcountry camp- (v) Within 25 feet of any stream; and ing’’ is defined as any use of portable (4) No person shall backcountry camp shelter or sleeping equipment in the more than two (2) consecutive nights backcountry. ‘‘Backcountry’’ is defined at a single location. The term ‘‘loca- as those areas of the park which are tion’’ shall mean that particular camp- more than 250 yards from a paved road, site and the surrounding area within a and more than one-half mile from any two hundred fifty (250) yard radius of park facilities other than trails, un- that campsite. paved roads and trail shelters. The Su- (b) Powerless flight. The use of devices perintendent may designate areas designed to carry persons through the where backcountry camping is prohib- air in powerless flight is allowed at ited if there would be potential damage times and locations designated by the to park resources or disruption to superintendent, pursuant to the terms other park uses. Such areas will be and conditions of a permit. marked on maps available in the Su- (c) Sanitation. (1) The possession of perintendent’s office, visitor centers food or beverage in discardable glass and ranger stations. A person or group containers is prohibited in the of persons may camp overnight at any backcountry. other backcountry location within the (2) Except in comfort facilities pro- park, except: vided therefor, no person in the (1) No person or group of persons backcountry shall urinate or defecate traveling together may camp without a within ten (10) yards of any stream, valid backcountry camping permit. trail, unpaved road or park facility. The issuance of this permit may be de- Fecal material must be placed in a hole

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and be covered with not less than three and drink. (1) No restaurant, coffee (3) inches of soil. shop, cafeteria, short order cafe, lunch room, tavern, sandwich stand, soda [24 FR 11041, Dec. 30, 1959, as amended at 28 FR 1797, Feb. 27, 1963; 32 FR 17661, Dec. 12, fountain, or other eating and drinking 1967; 39 FR 9964, Mar. 15, 1974; 48 FR 30294, establishment, including kitchens, or June 30, 1983; 49 FR 18450, Apr. 30, 1984; 52 FR other place in which food and drink is 10686, Apr. 2, 1987; 52 FR 19345, May 22, 1987; prepared for sale elsewhere, may be op- 63 FR 13343, Mar. 19, 1998] erated on any privately-owned lands within Yosemite National Park unless § 7.16 Yosemite National Park. a permit for the operation thereof has (a) Fishing—(1) Open season and limit first been secured from the Super- of catch. The open season for fishing intendent. and the daily bag limit and possession (2) The Superintendent will issue limit shall conform to that of the State such a permit only after an inspection of California for the Central Sierra Re- of the premises to be licensed by the gion, except as otherwise provided by County Health Officer and written no- paragraph (k) of this section. tice that the premises comply with the (2)–(3) [Reserved] substantive requirements of State and (4) Fishing from horseback. Fishing County health laws and ordinances from horseback in any lake or stream which would apply to the premises if is prohibited. the privately-owned lands were not (5) Gathering or securing grubs. Gath- subject to the jurisdiction of the ering or securing grubs for bait United States. through the destruction or tearing (3) The Superintendent or his duly apart of down trees or logs within sight authorized representative shall have of roads, trails or inhabited areas is the right of inspection at all reason- prohibited. able times for the purpose of (b) Closed roads. (1) The road between ascertaining whether eating and drink- Hetch Hetchy Dam and Lake Eleanor is ing establishments are being operated closed to all motor vehicle travel ex- in a sanitary manner. cept vehicles belonging to the United States Government, the State of Cali- (4) No fee will be charged for the fornia, or the City of San Francisco, issuance of such a permit. California. (5) The applicant or permittee may (2) [Reserved] appeal to the Regional Director, Na- (c) Powerless flight. The use of devices tional Park Service, from any final ac- designed to carry persons through the tion of the Superintendent refusing, air in powerless flight is allowed at conditioning or revoking the permit. times and locations designated by the Such an appeal, in writing, shall be superintendent, pursuant to the terms filed within twenty days after receipt and conditions of a permit. of notice by the applicant or permittee (d) [Reserved] of the action appealed from. Any final (e) Camping. (1) Camping is permitted decision of the Regional Director may in Yosemite National Park for not be appealed to the Director of the Na- more than a total of 30 days in any cal- tional Park Service within 15 days endar year: Provided, however, That after receipt of notice by the applicant during the period from June 1 to Sep- or permittee of the Regional Director’s tember 15, inclusive, camping within decision. the Yosemite Valley is limited to not (6) The revocable permit for eating more than a total of 7 days and camp- and drinking establishments and sale ing within all other portions of the of food and drink authorized in this park, during the same period, is lim- paragraph to be issued by the Super- ited to not more than a total of 14 intendent shall contain general regu- days. latory provisions as hereinafter set (2) Quiet shall be maintained at all forth, and will include such special camps between 10 p.m. and 6 a.m. conditions as the Superintendent may (f)–(g) [Reserved] deem necessary to cover existing local (h) Regulations governing eating and circumstances, and shall be in a form drinking establishments and sale of food substantially as follows:

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FRONT OF PERMIT 5. Permittee, his agents, and employees shall take all reasonable precautions to pre- No. lll vent forest fires and shall assist the Super- UNITED STATES intendent to extinguish forest fires within the vicinity of the place of business herein DEPARTMENT OF THE INTERIOR permitted, and in the preservation of good order within the vicinity of the business op- NATIONAL PARK SERVICE erations herein permitted. 6. Failure of the permittee to comply with REVOCABLE PERMIT FOR OPERATION OF EATING all State and County substantive laws and AND DRINKING ESTABLISHMENTS, AND FOR ordinances applicable to eating and drinking SALE OF FOOD AND DRINK establishments and the sale of food and Permission is hereby granted llllllof drink, or to comply with any law or any reg- llllllll, during the period from ulations of the Secretary of the Interior gov- llllllll 19ll to llllllll erning the Park, or with the conditions im- 19ll, inclusive to operate a posed by this permit, will be grounds for rev- (Specify type of establishment) ocation of this permit. on the following described privately-owned 7. No disorderly conduct shall be permitted lands within Yosemite National Park, over on the premises. which the United States exercises exclusive 8. This permit may not be transferred or jurisdiction llllll subject to the gen- assigned without the consent, in writing, of eral provisions and any special conditions the Superintendent. stated on the reverse hereof. 9. Neither Members of, nor Delegates to Issued at llllll this lllll day of Congress, or Resident Commissioners, offi- llllllll, 19ll. cers, agents, or employees of the Department Superintendent of the Interior shall be admitted to any share or part of this permit or derive di- The undersigned hereby accepts this permit rectly or indirectly, any pecuniary benefit subject to the terms, covenants, obligations arising therefrom. and reservations, expressed or implied there- 10. The following special provisions are in. made a part of this permit: Two witnesses to signature(s): 1 lllllllllllllllllllllll (i) Motorboats. Motorboats are prohibited on all the natural lakes and (Address) streams of Yosemite National Park. (j) Domestic water supplies and sewage (Address) disposal systems—(1) Sewage disposal sys- 1 Sign name or names as written in body of tems—(i) Construction. Any dwelling or permit; for copartnership, permittees should establishment constructed on privately sign as ‘‘Members of firm’’; for corporation, owned land within Yosemite National the officer authorized to execute contracts, Park for the purpose of housing one or etc., should sign, with title, the sufficiency more persons must be served by an ap- of such signature being attested by the sec- proved sewage disposal system prior to retary, with corporate seal, in lieu of witnesses. occupancy. Such system may not be initially constructed or rebuilt without REVERSE OF PERMIT a permit issued by the Superintendent. Such permit shall be issued only after GENERAL REGULATORY PROVISIONS OF THIS the receipt by the Superintendent of PERMIT written notification by the County 1. Permittee shall exercise this privilege Health Officer that the plans for such subject to the supervision of the Super- construction or reconstruction are con- intendent of the Park and shall comply with the regulations of the Secretary of the Inte- sistent with the requirements of the rior governing the Park. State and county health laws and ordi- 2. Any building or structure used for the nances applicable to systems not lo- purpose of conducting the business herein cated on lands within the park. permitted shall be kept in a safe, sanitary (ii) Existing systems. Any sewage dis- and sightly condition. posal system which was constructed 3. Permittee shall dispose of brush and and was in use prior to the effective other refuse from the business herein per- date of this regulation shall be subject mitted as required by the Superintendent. 4. Permittee shall pay to the United States to inspection by the County Health Of- for any damage resulting to Government- ficer or his duly authorized representa- owned property from the operation of the tive for the purpose of ascertaining business herein permitted. whether or not such existing sewage

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disposal system would meet the re- lic, regardless of size and whether or quirements of the State and county not constructed and in use prior to the health laws and ordinances were such effective date of this regulation, shall system not located on lands within the be subject to inspection from time to park. In the event such existing system time by the County Health Officer or is found by the Health Officer to be his duly authorized representative for substandard and a hazard to health, the the purpose of ascertaining whether or person, corporation, or other organiza- not such water supply systems meet tion controlling the structure served the requirements of the State and by such system shall have one (1) year county health laws and ordinances. In after service of a written notice by the the event any existing system is found Superintendent to comply with the re- by the Health Officer to be substandard quirements of the State and county and a hazard to health, the person, cor- health laws and ordinances. Such notice shall describe briefly the defi- poration, or other organization con- ciency as noted by the County Health trolling the premises served by such Officer and shall specify what steps system shall have one (1) year after must be taken to achieve conformity service of a written notice by the Su- with health regulations. In the event perintendent to comply with the re- the deficiency described in the notice quirements of the State and county is not remedied within the period set health laws and ordinances. Such no- forth above, the structures affected by tice shall describe briefly the defi- or served by such sewage system shall ciency as noted by the County Health be deemed unfit for human habitation Officer and shall specify what steps and shall be vacated until such defi- must be taken to achieve conformity ciency is remedied and a certificate of with health regulations. In the event approval is filed with the Super- the deficiency described by the notice intendent. is not remedied within the period set (2) Water supply facilities—(i) Con- forth above, the structures affected by struction of new facilities. Domestic such deficiency shall be considered water supply facilities for the use of unfit for human habitation and shall be two (2) or more families or for use of vacated until such deficiency is rem- the general public may not be con- edied and certificate of approval by the structed, installed, or reconstructed on County Health Officer is filed with the the privately owned land within Yo- Superintendent. semite National Park unless the plans (3) The County Health Of- for such facilities are consistent with Inspection. the requirements of State and county ficer or his duly authorized representa- health laws and ordinances which tive shall have the right of inspection would be applicable if such water sup- for the purpose of ascertaining whether ply facilities were located on privately domestic water supplies and sewage owned lands outside of the park. Facili- disposal systems located on privately ties for such a new water supply sys- owned lands within Yosemite National tem shall not be constructed or recon- Park meet State and county health structed without a permit issued by standards. Inspection may be made by the Superintendent. A permit will be the County Health Officer to assure issued only after the receipt by the Su- that construction of such systems, and perintendent of written notification by facilities as may be built, rebuilt, or the County Health Officer that the installed complies with approved plans. plans for the construction or recon- (4) Issuance of permits. Permits for the struction of the water supply system construction or reconstruction of sew- are consistent with the requirements of age or water supply systems shall be the State and county health laws and issued without charge by the Super- ordinances applicable to structures and intendent after written notification by establishments located outside of the the County Health Officer that the park. plans and specifications for any pro- (ii) Existing systems. All water supply posed system are deemed to be in con- systems for the use of two (2) or more formity with the requirements of the families or for use by the general pub-

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State and county health laws and ordi- Address lllllllllllllllllll nances. Any applicant or permittee ag- 1 Sign name or names as written in body of grieved by an action of the Super- permit; for copartnership, permittees should intendent in refusing or in condi- sign as ‘‘Members of firm’’; for corporation tioning a permit for the construction the officer authorized to execute contracts or reconstruction of a sewage disposal etc., should sign, with title, the sufficiency or a water supply system may appeal of such signature being attested by the secretary, with corporate seal, in lieu of wit- to the Regional Director, National nesses Park Service. Such appeal shall be filed in writing within 20 days after re- REVERSE OF PERMIT ceipt of notice by the applicant or per- GENERAL REGULATORY PROVISIONS OF THIS mittee of the action of the Super- PERMIT intendent. A final decision of the Re- gional Director may be similarly ap- 1. Permittee shall construct, build, or rebuild a domestic water system and/or a sew- pealed to the Director of the National age disposal system in accordance with the Park Service within 15 days after re- standards of the Mariposa County Health De- ceipt of notice by the applicant or per- partment. mittee of the Regional Director’s deci- 2. Permittee shall not occupy constructed sion. dwelling or establishment until completion (5) Permits. Permit to construct or re- of a bona fide, operational sewage disposal construct domestic water facilities or a system. sewage disposal system authorized to 3. Failure of the permittee to comply with all State and county laws and ordinances ap- be issued by the Superintendent in this plicable to domestic water supplies and the paragraph shall contain general regu- disposal of sewage, including household latory provisions as hereinafter set waste, or with the conditions imposed by forth and may include such special con- this permit will be grounds for requiring the ditions as the Superintendent deems permittee to vacate the dwelling or estab- necessary. A permit shall be in a form lishment until compliance. substantially as follows: 4. Permittee shall take all reasonable precautions to prevent forest fires and shall as- No. lll sist the Superintendent to extinguish forest fires within the vicinity of the structure UNITED STATES DEPARTMENT OF THE INTERIOR herein permitted. NATIONAL PARK SERVICE 5. This permit may not be transferred or assigned without the consent, in writing, of PERMIT TO CONSTRUCT, BUILD, OR REBUILD DO- the Superintendent. MESTIC WATER SYSTEMS AND SEWAGE DIS- 6. The following special provisions are POSAL SYSTEMS made a part of this permit: Permission is hereby granted lllll of lllll to construct, build, or rebuild a (k) Skelton Lakes and Delaney Creek llllllllllllllllll (Specify from its beginning at the outlet of the water system, sewage disposal system) on lower Skelton Lake to its interception the following described privately owned with the Tuolumne Meadows—Young lands within Yosemite National Park, over Lakes Trail, are closed to all public which the United States exercises exclusive fishing. jurisdiction (l) Motor vehicles driven or moved llllllllllllllllllll sub- upon a park road must be registered ject to the general provisions and any special conditions stated on the reverse hereof. and properly display current license Issued at llllll this lllllll plates. Such registration may be with a day of lllllllll, 19ll. State or other appropriate authority or, in the case of motor vehicles oper- llllllllllllllllllllllll (Superintendent) ated exclusively on park roads, with the superintendent. An annual reg- The undersigned hereby accepts this permit subject to the terms, covenants, obliga- istration fee of $6 will be charged for tions, and reservations, expressed or implied vehicles registered with the super- therein. intendent which are not connected 1 llllllllllll with the operation of the park. Two witnesses to signature(s): (m) Trucking. (1) The fees for special llllllllllllllllllllllll trucking permits issued in emergencies Address lllllllllllllllllll pursuant to paragraph (b) of § 5.6 of this llllllllllllllllllllllll chapter shall be based on the licensed

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capacity of trucks, trailers, or (iii) Highland Connector Trail (ap- semitrailers, as follows: proximately 1.0 mile). (2) After trail construction is com- Trucks, less than 1 ton. plete: Trucks of 1 ton and over, but not to exceed (i) To authorize bicycle use, the Su- 10 tons. perintendent must make a written de- Appropriate automobile permit fee. $5 for each ton or fraction thereof. termination that: (A) The trail is open for public use; (i) The fee charged is for one round and trip between any two park entrances (B) Bicycle use is consistent with the provided such trip is made within one protection of the park area’s natural, 24-hour period; otherwise the fee is for scenic and aesthetic values, safety con- a one-way trip. siderations, and management objec- (ii) Trucks carrying bona fide park tives, and will not disturb wildlife or visitors and/or their luggage or camp- park resources. ing equipment may enter the park (ii) The Superintendent will provide upon payment of the regular recreation public notice of all such actions fees. through one or more of the methods (2) The fee provided in paragraph listed in § 1.7 of this chapter. (m)(1) of this section also shall apply to (3) The Superintendent may open or permits which the superintendent may close authorized trails, or portions issue for trucking through one park en- thereof, or impose conditions or re- trance to and from privately owned strictions for bicycle use after taking lands contiguous to the park bound- into consideration public health and aries, except that such fee shall be con- safety, natural and cultural resource sidered an annual vehicle fee covering protection, and other management ac- the use of park roads between the point tivities and objectives. of access to such property and the (i) The Superintendent will provide nearest park exit connecting with a public notice of all such actions State or county road. through one or more of the methods listed in § 1.7 of this chapter. [24 FR 11042, Dec. 30, 1959] (ii) Violating a closure, condition, or EDITORIAL NOTE: For FEDERAL REGISTER ci- restriction is prohibited. tations affecting § 7.16, see the List of CFR [47 FR 24299, June 4, 1982, as amended at 80 Sections Affected, which appears in the FR 51952, Aug. 27, 2015] Finding Aids section of the printed volume and at www.fdsys.gov. § 7.18 Hot Springs National Park. § 7.17 Cuyahoga Valley National Park. (a) Commercial Vehicles. Permits shall be required for the operation of com- (a) Alcoholic beverages—(1) Possession. mercial passenger-carrying vehicles, The possession or consumption of a including taxicabs, carrying passengers bottle, can, or other receptacle con- for hire over park roads for sightseeing taining an alcoholic beverage which purposes. The fees for such permits has been opened, a seal broken, or the shall be as follows: contents of which have been partially (1) Fleet operator; equipment that in- removed is prohibited, except in resi- cludes any combination of commercial dences or other areas specifically au- passenger-carrying vehicles, including thorized by the superintendent as to taxicabs. Calendar-year permit—$25. time and place. (2) Bus operator; equipment limited (2) Definition—Alcoholic beverages. to a single bus-type vehicle with pas- Any liquid beverage containing 1⁄2 of 1 senger-carrying seat capacity in excess percent or more of alcohol by weight. of eight persons. Calendar-year per- (b) Bicycles. (1) The Superintendent mit—$20. may authorize bicycle use on all or (3) Taxicab operator; equipment lim- portions of each of the following trails: ited to a single vehicle with a capacity (i) East Rim (approximately 10 of not over eight passenger-carrying miles); seats. Calendar-year permit—$12. (ii) Old Carriage Connector Trail (ap- (4) The fees for permits issued for proximately 0.35 miles); and commercial passenger-carrying vehicle

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operations starting on or after July 1 boundaries of the Seashore, and man- of each calendar year will be one-half aged for recreational purposes by the of the respective rates mentioned in National Park Service pursuant to an paragraphs (a)(1), (2), and (3) of this agreement with another Federal agen- section. cy. (b) Use of water. The taking or car- (iii) ‘‘Island’’ means the entirety of rying away of water, hot or cold, from Fire Island, New York; without regard any of the springs, fountains, or other for property ownership, jurisdiction, or sources of supply in Hot Springs Na- the boundaries of Fire Island National tional Park for the purpose of sale, or Seashore. for any use other than personal drink- (iv) ‘‘Mainland’’ means the land of ing, is prohibited. Long Island, N.Y. (v) ‘‘Motor vehicle’’ means a device [24 FR 11042, Dec. 30, 1959, as amended at 32 FR 15710, Nov. 15, 1967; 48 FR 30294, June 30, which is self-propelled by internal com- 1983] bustion or electrical energy and in, upon, or by which any person or mate- § 7.19 Canyon de Chelly National rial is or may be transported on land. Monument. (vi) ‘‘Dune crossing’’ means an access (a) Visitors are prohibited from en- route over a primary dune which has tering the canyons of Canyon de Chelly been designated and appropriately National Monument unless accom- posted. panied by National Park Service em- (vii) ‘‘Public utility vehicle’’ means ployees or by authorized guides: Pro- any motor vehicle operated and owned vided, however, That the Super- or leased by a public utility or public intendent may designate, by marking service company franchised or licensed on a map which shall be available for to supply, on the island, electricity, public inspection in the Office of the water, or telephone service, while that Superintendent and at other conven- vehicle is in use for supplying such ient locations within the monument, service. canyons or portions thereof which may (viii) ‘‘Year-round residents’’ means be visited or entered without being so those persons who are legally domi- accompanied. ciled on the island and who, in addi- (b) The Superintendent may issue tion, physically reside in their fixed permits to properly qualified persons and permanent homes on the island to act as guides for the purpose of ac- continuously, except for brief and occa- companying visitors within the can- sional absences, for 12 months of the yons. year. (ix) ‘‘Part-time residents’’ means [32 FR 13129, Sept. 15, 1967] those persons who physically and continuously reside in their homes on the § 7.20 Fire Island National Seashore. Island for less than 12 months of the (a) Operation of motor vehicles—(1) year. Definitions. The following definitions (x) ‘‘Essential service vehicle’’ means shall apply to all provisions of this any motor vehicle other than a public paragraph (a): utility vehicle whose use on the Island (i) ‘‘Act’’ means the Act of Sep- is essential to the continued use of tember 11, 1964 (Pub. L. 88–587, 78 Stat. residences on the Island. This may in- 928, 16 U.S.C. 459e et seq.), or as the clude vehicles used for the following same may be amended or supple- purposes, while in use for such pur- mented, which authorizes the estab- poses: lishment of the Seashore. (A) Transporting heating fuel and (ii) ‘‘Seashore lands’’ means any bottled gas. lands or interests in lands owned or (B) Sanitation or refuse removal. hereafter acquired by the United (xi) ‘‘Official vehicle’’ means any States within the authorized bound- motor vehicle operated and owned or aries of the Seashore. It shall also leased by a Federal, State, or local gov- mean any lands or interests in lands ernmental agency, except for law en- owned by the United States which are forcement vehicles and fire fighting ap- on the island, outside the authorized paratus, while that vehicle is being

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

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

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

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(iv) Permits may specify a single or (iii) Exceptions. (A) From the Monday multiple uses or purposes for which after Labor Day through the Friday be- travel on Seashore lands is permitted. fore Memorial Day, a year-round resi- The limitations and restrictions on au- dent may make no more than two thorized travel set forth in paragraph round trips per day for residential pur- (a)(10) of this section shall apply, how- poses. ever, depending upon the specific use or (B) The Seashore is closed to all rec- purpose for which a permitted motor reational vehicles from January 1 vehicle is being utilized at the time of through March 31 and from June 14 travel. through September 14. During the peri- (v) Permits may contain such other ods when the Seashore is open for rec- limitations or conditions as the Super- reational vehicle traffic, an operator of intendent deems necessary for resource protection, public safety, or visitor en- a recreational vehicle may make no joyment. Limitations may include, but more than two round trips per day. On will not be limited to, restrictions on weekend days in September and Octo- locations where vehicle travel is au- ber, a recreational vehicle may enter thorized and times, dates, or frequency the Island until 9:00 a.m. A rec- of travel, in accordance with the provi- reational vehicle that has entered the sions of this paragraph (a). Island may then remain or may depart (10) Authorized travel. (i) Except as but may not re-enter the Island until specifically provided elsewhere in this after 6:00 p.m. paragraph (a)(10), travel across Sea- (iv) The Superintendent may, for sit- shore lands by motor vehicles with uations where the restrictions in para- valid permits will be authorized only graph (a)(10)(ii) would create a severe on those days in which the island loca- hardship, authorize additional trips or tion, which is the point of origin or travel at other hours. destination of travel or is another (v) In the case of public utility, serv- point to which access by motor vehicle ice, and official vehicles for which per- is permitted, is not served by alter- mits have been issued, the Super- native transportation. intendent may authorize travel on Sea- When alternative transportation serv- shore lands at any time that he deter- ices satisfy the definition of alter- mines travel by such vehicles is essen- native transportation in paragraph tial, notwithstanding the above limita- (a)(3), the schedule of transportation tions and restrictions on authorized services available for the island com- travel. munity or communities named in the (vi) Recurring travel conducted pur- permit application shall determine the suant to paragraph (a)(10) (iv) or (v) of days when travel is not authorized for this section is authorized only pursu- the motor vehicle to which that permit ant to the terms and conditions of the applies. original permit issued by the Super- (ii) Except as provided in paragraph intendent; single occasion travel is au- (a)(10)(iii) of this section, on any day thorized only pursuant to the terms on which travel by motor vehicle is au- and conditions of a permit issued by thorized due to a lack of alternative the Superintendent on a case by case transportation, travel shall be limited to not more than one round trip per ve- basis. hicle per day between the mainland (vii) In an emergency involving the and the Island, and may be performed protection of life or a threatened sub- at any time except the following peri- stantial loss of property, travel by a ods: motor vehicle which is under permit is (A) From 9 a.m. to 6 p.m. on all Sat- authorized at any time. urdays, Sundays, and national holidays (viii) The Superintendent may sus- from May 1 through June 13 and from pend any travel by motor vehicle oth- September 15 through October 31. erwise permitted under this paragraph (B) From 9 a.m. to 6 p.m. on all week- (a) when in his judgment such travel is days, and from 6 p.m. Friday to 9 a.m. inconsistent with the purpose of the the following Monday on all weekends, Act or when such factors as weather, from June 14 through September 14. tides, or other physical conditions

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render travel hazardous or would en- this chapter and by the provisions of danger Seashore resources. Such sus- paragraph (b)(2) of this section. pension of travel shall be announced by (2) Except as provided in paragraph the posting of appropriate signs or (b)(3) of this section, the waters of the verbal order of the Superintendent. Great South Bay and the Atlantic (ix) In accordance with the proce- Ocean within the boundaries of Fire Is- dures set forth in § 1.5 of this chapter, land National Seashore are closed to the Superintendent may establish a take-offs, landings, beachings, ap- limit on the number of motor vehicles proaches or other aircraft operations permitted on any portion of, or the en- at the following locations: tirety of, the Seashore lands at any one (i) Within 1000 feet of any shoreline, time when such limits are required in including islands. the interests of public safety, protec- (ii) Within 1000 feet of lands within tion of the resources of the area, or co- the boundaries of the incorporated vil- ordination with other visitor uses. lages of Ocean Beach and Saltaire and (x) The provisions of this paragraph the village of Seaview. (a)(10) shall not apply to firefighting (3) Aircraft may taxi on routes per- apparatus or to motor vehicles oper- pendicular to the shoreline to and from ated and owned or leased by a duly con- docking facilities at the following loca- stituted law enforcement agency hav- tions: ing jurisdiction within the Seashore. (i) Kismet—located at approximate (11) Rules of travel. (i) When two longitude 73° 121⁄2′ and approximate motor vehicles approach from opposite latitude 40° 381⁄2′. directions in the same track on Sea- (ii) Lonelyville—located at approxi- shore lands, both operators shall re- mate longitude 73° 11′ and approximate duce speed and the operator with the latitude 40° 381⁄2′. water to his left shall yield the right of (iii) Atlantique—located at approxi- way by turning out of the track to the mate longitude 73° 101⁄2′ and approxi- right. mate latitude 40° 381⁄2′. (ii) No motor vehicle shall be oper- (iv) Fire Island Pines—located at ap- ated on any portion of a dune on Sea- proximate longitude 73° 041⁄2′ and ap- shore lands except at dune crossings. proximate latitude 40° 40′. (iii) No person shall operate a motor (v) Water Island—located at approxi- vehicle on Seashore lands at a speed in mate longitude 73° 02′ and approximate excess of 20 miles per hour. latitude 40° 401⁄2′. (iv) The speed of any motor vehicle (vi) Davis Park—located at approxi- being operated on Seashore lands shall mate longitude 73° 001⁄2′ and approxi- be reduced to five miles per hour upon mate latitude 40° 41′. approaching or passing within 100 feet (4) Aircraft operation in the vicinity of any person not in a motor vehicle, or of marinas, boats, boat docks, floats, when passing through or over any dune piers, ramps, bird nesting areas, or crossings. bathing beaches must be performed (12) Violations. (i) Failure to comply with due caution and regard for per- with the conditions of any permit sons and property and in accordance issued pursuant to this paragraph will with any posted signs or uniform wa- constitute a violation of these regula- terway markers. tions. (5) Aircraft are prohibited from land- (ii) In addition to any penalty re- ing or taking off from any land sur- quired by § 1.3(a) of this chapter for a faces, any estuary, lagoon, marsh, violation of regulations in this para- pond, tidal flat, paved surface, or any graph, the Superintendent may sus- waters temporarily covering a beach; pend or revoke the permit of a motor except with prior authorization of the vehicle involved in such a violation. Superintendent. Permission shall be (b) Operation of Seaplane and Amphib- based on the need for emergency serv- ious Aircraft. (1) Aircraft may be oper- ice, resource protection, resource man- ated on the waters of the Great South agement or law enforcement. Bay and the Atlantic Ocean within the (6) Aircraft operations shall comply boundaries of Fire Island National Sea- with all Federal, State and county or- shore, except as restricted in § 2.17 of dinances and rules for operations as

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may be indicated in available naviga- § 7.21 John D. Rockefeller, Jr. Memo- tion charts or other aids to aviation rial Parkway. which are available for the Fire Island (a)(1) What is the scope of this section? area. The regulations contained in para- (c) Information collection. The infor- graphs (a)(2) through (a)(17) of this sec- mation collection requirements con- tion apply to the use of snowcoaches tained in this section have been ap- and recreational snowmobiles. Except proved by the Office of Management where indicated, paragraphs (a)(2) and Budget under 44 U.S.C. 3501 et seq. through (a)(15) do not apply to non-ad- and assigned clearance number 1024– ministrative oversnow vehicle use by 0026. This information is being col- NPS, contractor, or concessioner em- lected in order for the superintendent ployees, or other non-recreational to issue permits and grant administra- users authorized by the Super- tive benefits. The obligation to respond intendent. (2) What terms do I need to know? The is required in order to obtain a benefit. definitions in this paragraph (a)(2) also (d) Personal watercraft. (1) Personal apply to non-administrative oversnow watercraft (PWC) may operate in the vehicle use by NPS, contractor, or con- following locations and under the fol- cessioner employees, and other non- lowing conditions: recreational users authorized by the (i) Great South Bay from the western Superintendent. boundary of the national seashore adja- Commercial guide means a guide who cent to Robert Moses State Park, east operates a snowmobile or snowcoach to the western boundary of the Sunken for a fee or compensation and is au- Forest, excluding any area within 1,000 thorized to operate in the park under a feet of the shoreline, except as pro- concession contract. In this section, vided in (ii), including the area sur- ‘‘guide’’ also means ‘‘commercial rounding East Fire Island and West guide.’’ Fire Island. Historic snowcoach means a Bom- (ii) Navigation channels marked by bardier snowcoach manufactured in buoys or identified on the NOAA navi- 1983 or earlier. Any other snowcoach is gational chart (12352) to include access considered a non-historic snowcoach. Oversnow route means that portion of channels to and from Fair Harbor, the unplowed roadway located between Dunewood, Lonelyville, Atlantique, the road shoulders and designated by Cherry Grove, Fire Island Pines, Davis snow poles or other poles, ropes, fenc- Park, Moriches Inlet, Kismet, Saltaire, ing, or signs erected to regulate Ocean Beach, Ocean Bay Park, Point oversnow activity. Oversnow routes in- O’Woods, Oakleyville, and Water Is- clude pullouts or parking areas that land. are groomed or marked similarly to (iii) The Long Island Intracoastal roadways and are adjacent to des- Waterway within the park boundaries. ignated oversnow routes. An oversnow (iv) At ‘‘flat wake’’ speeds (maximum route may also be distinguished by the 6 mph) within designated marked chan- interior boundaries of the berm created nels to access town/community docks by the packing and grooming of the and harbors/marinas. unplowed roadway. The only motorized (2) The Superintendent may tempo- vehicles permitted on oversnow routes rarily limit, restrict or terminate ac- are oversnow vehicles. cess to the areas designated for PWC Oversnow vehicle means a snow- use after taking into consideration mobile, snowcoach, or other motorized public health and safety, natural and vehicle that is intended for travel primarily on snow and has been author- cultural resource protection, and other ized by the Superintendent to operate management activities and objectives. in the park. An oversnow vehicle that [42 FR 62483, Dec. 13, 1977, as amended at 44 does not meet the definition of a FR 44493, July 30, 1979; 47 FR 11011, Mar. 15, snowcoach must comply with all re- 1982; 50 FR 24511, June 11, 1985; 52 FR 7376, quirements applicable to snowmobiles. 7377, Mar. 10, 1987; 52 FR 10686, Apr. 2, 1987; 70 Snowcoach means a self-propelled FR 38767, July 6, 2005] mass transit vehicle intended for travel

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on snow, having a curb weight of over safety, and other factors. The Super- 1,000 pounds (450 kilograms), driven by intendent will provide notice of such a track or tracks and steered by skis or opening or closing by one or more of tracks, and having a capacity of at the methods listed in § 1.7(a) of this least 8 passengers. A snowcoach has a chapter. maximum size of 102 inches wide, plus (iii) The route described in paragraph tracks (not to exceed 110 inches over- (a)(5)(i)(A) of this section is subject to all); a maximum length of 35 feet; and the air and sound emissions require- a Gross Vehicle Weight Rating (GVWR) ments, guiding requirements, and daily not exceeding 25,000 pounds. entry limits described in § 7.13(l) of this Snowmobile means a self-propelled ve- part. hicle intended for travel on snow, with (iv) This paragraph (a)(5) also applies a curb weight of not more than 1,000 to non-administrative oversnow vehi- pounds (450 kg), driven by a track or cle use by NPS, contractor, or conces- tracks in contact with the snow, and sioner employees, or other non-rec- which may be steered by a ski or skis reational users authorized by the Su- in contact with the snow. perintendent. Snowplane means a self-propelled ve- (v) Maps detailing the designated hicle intended for oversnow travel and oversnow routes will be available from driven by an air-displacing propeller. Park Headquarters. (3) May I operate a snowmobile in the (6) What routes are designated for Parkway? You may operate a snow- snowcoach use? (i) Authorized mobile in the Parkway in compliance snowcoaches may only be operated on with use limits, guiding requirements, the routes designated for snowmobile operating hours and dates, equipment, use in paragraphs (a)(6)(i)(A) and (C) of and operating conditions established this section. No other routes are open under this section. The Superintendent to snowcoach use, except as provided in may establish additional operating (a)(6)(ii) of this section. conditions and will provide notice of (ii) The Superintendent may open or those conditions in accordance with close these oversnow routes, or por- § 1.7(a) of this chapter or in the FED- tions thereof, or designate new routes ERAL REGISTER. for snowcoach travel after taking into (4) May I operate a snowcoach in the consideration the location of wintering Parkway? Snowcoaches may only be op- wildlife, appropriate snow cover, public erated in the Parkway under a conces- safety, and other factors. The Super- sions contract. Snowcoach operation is intendent will provide notice of such subject to the conditions stated in the opening or closing by one or more of concessions contract and all other con- the methods listed in § 1.7(a) of this ditions identified in this section. chapter. (5) Where may I operate my snowmobile (iii) The routes described in para- in the Parkway? (i) You may operate graph (a)(6)(i) of this section are sub- your snowmobile only upon designated ject to the air and sound emissions re- oversnow routes established within the quirements and daily entry limits in Parkway in accordance with § 2.18(c) of § 7.13(l) of this part. this chapter. The following oversnow (iv) This paragraph (a)(6) also applies routes are so designated for snow- to non-administrative snowcoach use mobile use: by NPS, contractor, or concessioner (A) On U.S. Highway 89/191/287 from employees, or other non-recreational Flagg Ranch to the northern boundary users authorized by the Super- of the Parkway. intendent. (B) Grassy Lake Road from Flagg (7) Must I travel with a commercial Ranch to the western boundary of the guide while snowmobiling in the Park- Parkway. way? Except as may be required under (C) Flagg Ranch developed area. paragraph (a)(5)(iii) of this section, you (ii) The Superintendent may open or are not required to use a guide while close these routes, or portions thereof, snowmobiling in the Parkway. for snowmobile travel after taking into (8) Are there limits established for the consideration the location of wintering numbers of snowmobiles and snowcoaches wildlife, appropriate snow cover, public permitted to operate in the Parkway each

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day? (i) A limit of 25 snowmobiles per (C) Equipment sleds towed by a snow- day applies to the Grassy Lake Road. mobile must be pulled behind the snow- (ii) The daily entry limits for snowmobile and fastened to the snowmobile mobiles and snowcoaches on the route with a rigid hitching mechanism. from Flagg Ranch to the South En- (D) Snowmobiles must be properly trance of Yellowstone are established registered and display a valid registra- in § 7.13(l) of this part. tion from the United States or Canada. (9) When may I operate my snowmobile (iii) The Superintendent may impose or snowcoach? The Superintendent will other terms and conditions as nec- determine operating hours and dates. essary to protect park resources, visi- Except for emergency situations, any tors, or employees. The Superintendent changes to operating hours will be will notify the public of any changes made on an annual basis and the public through one or more methods listed in will be notified of those changes § 1.7(a) of this chapter. through one or more of the methods (iv) This paragraph (a)(10) also ap- listed in § 1.7(a) of this chapter. plies to non-administrative oversnow (10) What other conditions apply to the vehicle use by NPS, contractor, or con- operation of oversnow vehicles? (i) The cessioner employees, or other non-rec- following are prohibited: reational users authorized by the Su- (A) Idling an oversnow vehicle more perintendent. than 5 minutes at any one time. (11) What conditions apply to alcohol (B) Driving an oversnow vehicle use while operating an oversnow vehicle? while the operator’s motor vehicle li- In addition to 36 CFR 4.23, the fol- cense or privilege is suspended or re- lowing conditions apply: voked. (i) Operating or being in actual phys- (C) Allowing or permitting an unli- ical control of an oversnow vehicle is censed driver to operate an oversnow prohibited when the driver is under 21 vehicle. years of age and the alcohol concentra- (D) Driving an oversnow vehicle in tion in the driver’s blood or breath is willful or wanton disregard for the 0.02 grams or more of alcohol per 100 safety of persons, property, or parkway milliliters of blood or 0.02 grams or resources or otherwise in a reckless more of alcohol per 210 liters of breath. manner. (ii) Operating or being in actual (E) Operating an oversnow vehicle physical control of an oversnow vehicle without a lighted white headlamp and is prohibited when the driver is a snow- red taillight. mobile guide or a snowcoach driver and (F) Operating an oversnow vehicle the alcohol concentration in the opera- that does not have brakes in good tor’s blood or breath is 0.04 grams or working order. more of alcohol per 100 milliliters of (G) Towing persons on skis, sleds or blood or 0.04 grams or more of alcohol other sliding devices by oversnow vehi- per 210 liters of breath. cles, except in emergency situations. (iii) This paragraph (a)(11) also ap- (ii) The following are required: plies to non-administrative oversnow (A) All oversnow vehicles that stop vehicle use by NPS, contractor, or con- on designated routes must pull over to cessioner employees, or other non-rec- the far right and next to the snow reational users authorized by the Su- berm. Pullouts must be used where perintendent. available and accessible. Oversnow ve- (12) Do other NPS regulations apply to hicles may not be stopped in a haz- the use of oversnow vehicles? (i) The use ardous location or where the view of oversnow vehicles in the Parkway is might be obscured, or operated so slow- subject to § 2.18(a), (b), and (c), but not ly as to interfere with the normal flow to §§ 2.18(d), (e), and 2.19(b) of this chap- of traffic. ter. (B) Oversnow vehicle drivers must (ii) This paragraph (a)(12) also applies possess a valid motor vehicle driver’s to non-administrative oversnow vehi- license. A learner’s permit does not cle use by NPS, contractor, or conces- satisfy this requirement. The license sioner employees, or other non-rec- must be carried by the driver at all reational users authorized by the Su- times. perintendent.

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(13) Are there any forms of non-motor- (A) Redside Shiner ized oversnow transportation allowed in (B) Speckled Dace the Parkway? (i) Non-motorized travel (C) Longnose Dace consisting of skiing, skating, (D) Piute Sculpin snowshoeing, or walking is permitted (E) Mottled Sculpin unless otherwise restricted under this (F) Utah Chub section or other NPS regulations. (ii) The Superintendent may des- (G) Utah Sucker ignate areas of the Parkway as closed, (H) Bluehead Sucker reopen such areas, or establish terms (I) Mountain Sucker and conditions for non-motorized trav- (c) Stock grazing. (1) Privileges for the el within the Parkway in order to pro- grazing of domestic livestock based on tect visitors, employees, or park re- authorized use of certain areas at the sources. Notice will be made in accord- time of approval of the Act of Sep- ance with § 1.7(a) of this chapter. tember 14, 1950 (64 Stat. 849, Pub. L. (14) May I operate a snowplane in the 787), shall continue in effect or shall be Parkway? The operation of a snowplane renewed from time to time, except for in the Parkway is prohibited. failure to comply with such terms and (15) Is violating any of the provisions of conditions as may be prescribed by the this section prohibited? (i) Violating any Superintendent in these regulations of the terms, conditions or require- and after reasonable notice of default ments of paragraphs (a)(3) through and subject to the following provisions (a)(14) of this section is prohibited. of tenure: (ii) Anyone who violates any of the (i) Grazing privileges appurtenant to terms, conditions or requirements of privately owned lands located within this regulation will be considered to the park shall not be withdrawn until have committed one separate offense title to the lands to which such privi- for each term, condition or require- leges are appurtenant shall have vested ment that they violate. in the United States except for failure (b) [Reserved] to comply with the regulations applica- [74 FR 60190, Nov. 20, 2009] ble thereto after reasonable notice of default. § 7.22 Grand Teton National Park. (ii) Grazing privileges appurtenant to (a) Aircraft—Designated airstrip. (1) privately owned lands located outside Jackson Airport, located in SE1⁄4SE1⁄4 the park shall not be withdrawn for a sec. 10, SE1⁄4 and S1⁄2SW1⁄4 sec. 11, S1⁄2 period of twenty-five years after Sep- and NW1⁄4 sec. 14, NW1⁄4NE1⁄4 and E1⁄2 tember 14, 1950, and thereafter shall NE1⁄4 sec. 15, T. 42 N., R. 116 W., 6th continue during the lifetime of the Principal Meridian. original permittee and his heirs if they (2) [Reserved] were members of his immediate family (b) Fishing. (1) The following waters as described herein, except for failure are closed to fishing: The Snake River to comply with the regulations applica- for a distance of 150 feet below the ble thereto after reasonable notice of downstream face of Jackson Lake default. Dam; Swan Lake; Sawmill Ponds; (iii) Members of the immediate fam- Hedrick’s Pond; Christian Ponds; and ily are those persons who are related to Cottonwood Creek from the outlet of and directly dependent upon a person Jenny Lake downstream to the Saddle or persons, living on or conducting Horse Concession Bridge. grazing operations from lands, as of (2) Fishing from any bridge or boat September 14, 1950, which the National dock is prohibited. Park Service recognized as base lands (3) Bait: (i) The use or possession of appurtenant to grazing privileges in fish eggs or fish for bait is prohibited the park. Such interpretation excludes on or along the shores of all park mature children who, as of that date, waters, except: were established in their own house- (ii) It is permissible to possess or use holds and were not directly dependent the following dead, non-game fish as upon the base lands and appurtenant bait on or along the shores of Jackson grazing recognized by the National Lake: Park Service.

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(iv) If title to base lands lying out- yond this time may be granted if neces- side the park is conveyed, or such base sitated for reasons clearly outside the lands are leased to someone other than control of the permittee. Total unau- a member of the immediate family of thorized nonuse beyond three consecu- the permittee as of September 14, 1950, tive years will result in the termi- the grazing preference shall be recog- nation and loss of all grazing privi- nized only for a period of twenty-five leges. years from September 14, 1950. (iii) Whenever partial or total non- (v) If title to a portion or part of the use is desired, an application must be base land either outside or inside the made in writing to the Superintendent. park is conveyed or such base lands are (5) Grazing fees shall be the same as leased, the new owner or lessee will those approved for the Teton National take with the land so acquired or Forest and will be adjusted accord- leased, such proportion of the entire ingly. grazing privileges as the grazing capac- (6) Permittees or nonpermittees who ity in animal unit months of the tract have stock on Federal lands within the conveyed or leased bears to the origi- park at any time or place, when or nal area to which a grazing privilege where herding or grazing is unauthor- was appurtenant and recognized. Con- ized may be assessed fifty cents per day veyance or lease of all such base lands per animal as damages. will automatically convey all grazing (7) The Superintendent may accept a privileges appurtenant thereto. written relinquishment or waiver of (vi) Grazing privileges which are ap- any privileges; however, no such relin- purtenant to base lands located either quishment or waiver will be effective inside or outside the park shall not be without the written consent of the conveyed separately therefrom. owner or owners of the base lands. (2) Where no reasonable ingress or egress is available to permittees or (8) Permits. Terms and conditions. nonpermittees who must cross Park The issuance and continued effective- lands to reach grazing allotments on ness of all permits will be subject, in non-Federal lands within the exterior addition to mandatory provisions re- boundary of the Park or adjacent quired by Executive Order or law, to thereto, the Superintendent will grant, the following terms and conditions: upon request a temporary nonfee an- (i) The permittee and his employees nual permit to herd stock on a des- shall use all possible care in preventing ignated driveway which shall specify forest and range fires, and shall assist the time to be consumed in each single in the extinguishing of forest and range drive. The breach of any of the terms fires on, or within, the vicinity of the or conditions of the permit shall be land described in the permit, as well as grounds for termination, suspension, or in the preservation of good order with- reduction of these privileges. in the boundaries of the park. (3) Grazing preferences are based on (ii) The Superintendent may require actual use during the period March 15, the permittee before driving livestock 1938 through September 14, 1950 and no to or from the grazing allotment to increase in the number of animals or gather his livestock at a designated animal unit months will be allowed on time and place for the purpose of Federal lands in the park. counting the same. (4)(i) A permittee whose grazing (iii) Stock will be allowed to graze privilege is appurtenant to privately only on the allotment designated in owned lands within the park will be the permit. granted total nonuse or reduced bene- (iv) The permittee shall file with the fits for one or more years without nul- Superintendent a copy of his stock lifying his privilege in subsequent brand or other mark. years. (v) The permittee shall, upon notice (ii) A permittee whose privilege is ap- from the Superintendent that the al- purtenant to base lands outside the lotment designated in the permit is not park may be granted total nonuse on a ready to be grazed at the beginning of year to year basis not to exceed three the designated grazing season, place no consecutive years. Total nonuse be- livestock on the allotment for such a

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period as may be determined by the Su- and are so counted in determining ani- perintendent as necessary to avoid mal unit months and numbers of ani- damage to the range. All, or a portion mals. of the livestock shall be removed from (xi) The Superintendent may pre- the area before the expiration of the scribe additional terms and conditions designated grazing season if the Super- to meet individual cases. intendent determines further grazing (9) The breach of any of the terms or would be detrimental to the range. The conditions of the permit shall be number of stock and the grazing period grounds for termination, suspension, or may be adjusted by the Superintendent reduction of grazing privileges. at any time when such action is (10) Appeals from the decision of the deemed necessary for the protection of Superintendent to the Regional Direc- the range. tor and from the Regional Director to (vi) No permit shall be issued or re- the Director shall be made in accord- newed until payment of all fees and ance with the National Park Service other amounts due the National Park Order No. 14, as amended (19 FR 8824) Service has been made. Fees for per- and Regional Director, Order No. 3, as mits are due the National Park Service amended (21 FR 1494). and must be paid at least 15 days in ad- (11) Nothing in these regulations vance of the grazing period. No permit shall be construed as to prevent the en- shall be effective to authorize grazing forcement of the provisions of the gen- use thereunder until all fees and other eral rules and regulations and the spe- amounts due the National Park Service cial rules and regulations of the Na- have been paid. A pro rata adjustment tional Park Service or of any other of fees will be made in the event of re- provisions of said rules and regulations duction of grazing privileges granted in applicable to stock grazing. the permit, except that not more than (d) Camping. (1) No person, party, or 50 percent of the total annual grazing organization shall be permitted to fee will be refunded in the event re- camp more than 30 days in a calendar duced grazing benefits are taken at the year in designated sites within the election of the permittee after his Park. stock are on the range. (2) Except in group campsites and (vii) No building or other structure backcountry sites, camping is limited shall be erected nor shall physical im- to six persons to a site. provements of any kind be established (3) Registration is required for camp- under the permit except upon plans and ing at the Jenny Lake Campground; specifications approved by the Na- camping in this campground shall not tional Park Service. Any such facili- exceed 10 days in any calendar year. ties, structures, or buildings may be re- (e) Vessels. (1) Power-driven vessels moved or disposed of to a successor are prohibited on all park waters ex- permittee within three months fol- cept Jackson Lake and Jenny Lake. lowing the termination of the permit; (2) On Jenny Lake: otherwise they shall become the prop- (i) Operating a power-driven vessel erty of the United States without com- using a motor exceeding 71⁄2 horsepower pensation therefor. is prohibited, except: (viii) The permittee shall utilize the (ii) An NPS authorized boating con- lands covered by the permit in a man- cessioner may operate power-driven ner approved and directed by the Su- vessels under conditions specified by perintendent which will prevent soil the Superintendent. erosion thereon and on lands adjoining (3) Hand-propelled vessels may be same. used on Jackson, Jenny, Phelps, Emma (ix) The right is reserved to adjust Matilda, Two Ocean, Taggart, Bradley, the fees specified in the permit at any Bearpaw, Leigh, and String Lakes and time to conform with the fees approved on the Snake River, except within 1,000 for Teton National Forest, and the per- feet of the downstream face of Jackson mittee shall be furnished a notice of Lake Dam. All other waters are closed any change of fees. to boating. (x) All livestock are considered as (4) Sailboats may be used only on mature animals at six months of age Jackson Lake.

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(5) No person except an authorized on oversnow routes are oversnow vehi- concessioner shall moor or beach a ves- cles. sel on the shore of a designated harbor (iv) Oversnow vehicle means a snow- area, except in an emergency. mobile, snowcoach, or other motorized (f) Management of elk. The laws and vehicle that is intended for travel pri- regulations of the State of Wyoming marily on snow and has been author- shall govern elk management as asso- ized by the Superintendent to operate ciated with formal reduction programs. in the park. An oversnow vehicle that Such Wyoming laws and regulations does not meet the definition of a which are now or will hereafter be in snowcoach must comply with all re- effect are hereby incorporated by ref- quirements applicable to snowmobiles. erence as a part of the regulations in (v) Snowcoach means a self-propelled this part. mass transit vehicle intended for travel (g)(1) What is the scope of this section? on snow, having a curb weight of over The regulations contained in para- 1,000 pounds (450 kilograms), driven by graphs (g)(2) through (g)(20) of this sec- a track or tracks and steered by skis or tion are intended to apply to the use of tracks, and having a capacity of at snowcoaches and recreational snowmo- least 8 passengers. A snowcoach has a biles. Except where indicated, para- maximum size of 102 inches wide, plus graphs (g)(2) through (g)(20) do not tracks (not to exceed 110 inches over- apply to non-administrative over-snow all); a maximum length of 35 feet; and vehicle use by NPS, contractor, or con- a Gross Vehicle Weight Rating (GVWR) cessioner employees, or other non-rec- not exceeding 25,000 pounds. reational users authorized by the Su- (vi) Snowmobile means a self-pro- perintendent. pelled vehicle intended for travel on (2) What terms do I need to know? The snow, with a curb weight of not more definitions in this paragraph (g)(2) also than 1,000 pounds (450 kg), driven by a apply to non-administrative oversnow track or tracks in contact with the vehicle use by NPS, contractor, or con- snow, and which may be steered by a cessioner employees, or other non-rec- ski or skis in contact with the snow. reational users authorized by the Su- (vii) Snowplane means a self-pro- perintendent. pelled vehicle intended for oversnow (i) Commercial guide means a guide travel and driven by an air-displacing who operates as a snowmobile or propeller. snowcoach guide for a fee or compensa- (3) May I operate a snowmobile in tion and is authorized to operate in the Grand Teton National Park? You may park under a concession contract. In operate a snowmobile in Grand Teton this section, ‘‘guide’’ also means National Park in compliance with use ‘‘commercial guide.’’ limits, operating hours and dates, (ii) Historic snowcoach means a Bom- equipment, and operating conditions bardier snowcoach manufactured in established under this section. The Su- 1983 or earlier. Any other snowcoach is perintendent may establish additional considered a non-historic snowcoach. operating conditions and provide no- (iii) Oversnow route means that por- tice of those conditions in accordance tion of the unplowed roadway located with § 1.7(a) of this chapter or in the between the road shoulders and des- FEDERAL REGISTER. ignated by snow poles or other poles, (4) May I operate a snowcoach in ropes, fencing, or signs erected to regu- Grand Teton National Park? It is prohib- late oversnow activity. Oversnow ited to operate a snowcoach in Grand routes include pullouts or parking Teton National Park except as author- areas that are groomed or marked ized by the Superintendent. similarly to roadways and are adjacent (5) Must I operate a certain model of to designated oversnow routes. An snowmobile in the park? Only commer- oversnow route may also be distin- cially available snowmobiles that meet guished by the interior boundaries of NPS air and sound emissions require- the berm created by the packing and ments as set forth in this section may grooming of the unplowed roadway. be operated in the park. The Super- The only motorized vehicles permitted intendent will approve snowmobile

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makes, models, and years of manufac- thorized by paragraphs (g)(16) and ture that meet those requirements. (g)(18) of this section. Any snowmobile model not approved (v) The Superintendent may prohibit by the Superintendent may not be op- entry into the park of any snowmobile erated in the park. that has been modified in a manner (6) How will the Superintendent ap- that may adversely affect air or sound prove snowmobile makes, models, and emissions. years of manufacture for use in Grand (7) Where may I operate my snowmobile Teton National Park? (i) Beginning with in the park? (i) You may operate your the 2005 model year, all snowmobiles snowmobile upon the frozen water sur- must be certified under 40 CFR Part face of Jackson Lake, a route estab- 1051, to a Family Emission Limit no lished in accordance with § 2.18(c) of greater than 15 g/kW-hr for hydro- this chapter, under the following condi- carbons and to a Family Emission tions: Limit no greater than 120 g/kW-hr for (A) You are ice fishing, and licensed carbon monoxide. or otherwise permitted to fish in Wyo- (A) 2004 model year snowmobiles may ming; use measured air emissions levels (offi- (B) You possess the proper fishing cial emission results with no deteriora- gear; and tion factors applied) to comply with (C) You limit your snowmobile travel the air emission limits specified in to a direct route to and from and be- paragraph (g)(6)(i) of this section. tween fishing locations on the lake. (B) Snowmobiles manufactured be- (ii) The Superintendent may open or fore the 2004 model year may be oper- close this route, or portions thereof, ated only if they have shown to have for snowmobile travel, and may estab- air emissions no greater than the re- lish separate zones for motorized and quirements identified in paragraph non-motorized uses on Jackson Lake, (g)(6)(i) of this section. after taking into consideration the lo- (C) The snowmobile test procedures cation of wintering wildlife, appro- specified by EPA (40 CFR parts 1051 and priate snow cover, public safety and 1065) must be used to measure air emis- other factors. The Superintendent will sions from model year 2004 and later provide notice of such opening or clos- snowmobiles. Equivalent procedures ing by one or more of the methods list- may be used for earlier model years. ed in § 1.7(a) of this chapter. (ii) For sound emissions, snowmo- (iii) This paragraph (g)(7) also applies biles must operate at or below 73 dBA to non-administrative over-snow vehi- as measured at full throttle according cle use by NPS, contractor, or conces- to Society of Automotive Engineers sioner employees, or other non-rec- J192 test procedures (revised 1985). reational users authorized by the Su- Snowmobiles may be tested at any bar- perintendent. ometric pressure equal to or above 23.4 (iv) Maps detailing the designated inches Hg uncorrected. The Super- oversnow route will be available from intendent may revise these testing pro- Park Headquarters. cedures based on new information and/ (8) Must I travel with a commercial or updates to the SAE J192 testing pro- guide while snowmobiling in Grand Teton cedures. National Park? You are not required to (iii) Snowmobiles meeting the reuse a guide while snowmobiling in quirements for air and sound emissions Grand Teton National Park. may be operated in the park for a pe- (9) Are there limits established for the riod not exceeding 6 years from the number of snowmobiles permitted to oper- date upon which first certified, except ate in the park each day? (i) The number that snowmobiles being operated on of snowmobiles allowed to operate in Jackson Lake may continue to be oper- the park each day on Jackson Lake is ated up to 10 years, provided that these 25. snowmobiles’ mileage does not exceed (ii) The Superintendent may adjust 6,000 miles. this number up or down, not to exceed (iv) Snowmobiles will be exempt from a daily limit of 40 snowmobiles, after these air and sound emissions require- taking into consideration the location ments while in use to access lands au- of wintering wildlife, appropriate snow

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cover, noise monitoring results, public (C) Equipment sleds towed by a snow- safety and other factors. The Super- mobile must be pulled behind the snow- intendent will provide notice of such mobile and fastened to the snowmobile adjustment by one or more of the with a rigid hitching mechanism. methods listed in § 1.7(a) of this chap- (D) Snowmobiles must be properly ter. registered and display a valid registra- (10) When may I operate my snow- tion from the United States or Canada. mobile? The Superintendent will deter- (iii) The Superintendent may impose mine operating hours and dates. Except other terms and conditions as nec- for emergency situations, any changes essary to protect park resources, visi- to operating hours or dates will be tors, or employees. The Superintendent made on an annual basis, and the pub- will notify the public of any changes lic will be notified of those changes through one or more methods listed in through one or more of the methods listed in § 1.7(a) of this chapter. § 1.7(a) of this chapter. (11) What other conditions apply to the (iv) This paragraph (g)(11) also ap- operation of oversnow vehicles? (i) The plies to non-administrative over-snow following are prohibited: vehicle use by NPS, contractor, or con- (A) Idling an oversnow vehicle more cessioner employees, or other non-rec- than 5 minutes at any one time. reational users authorized by the Su- (B) Driving an oversnow vehicle perintendent. while the operator’s motor vehicle li- (12) What conditions apply to alcohol cense or privilege is suspended or reuse while operating an oversnow vehicle? voked. In addition to 36 CFR 4.23, the fol- (C) Allowing or permitting an unli- lowing conditions apply: censed driver to operate an oversnow (i) Operating or being in actual phys- vehicle. ical control of an oversnow vehicle is (D) Driving an oversnow vehicle in prohibited when the driver is under 21 willful or wanton disregard for the years of age and the alcohol concentra- safety of persons, property, or park re- tion in the driver’s blood or breath is sources or otherwise in a reckless man- 0.02 grams or more of alcohol per 100 ner. milliliters or blood or 0.02 grams or (E) Operating an oversnow vehicle more of alcohol per 210 liters of breath. without a lighted white headlamp and (ii) Operating or being in actual red taillight. physical control of an oversnow vehicle (F) Operating an oversnow vehicle is prohibited when the driver is a snow- that does not have brakes in good mobile guide or a snowcoach operator working order. and the alcohol concentration in the (G) The towing of persons on skis, driver’s blood or breath is 0.04 grams or sleds or other sliding devices by more of alcohol per 100 milliliters of oversnow vehicles. blood or 0.04 grams or more of alcohol (ii) The following are required: per 210 liters of breath. (A) All oversnow vehicles that stop (iii) This paragraph (g)(12) also ap- on designated routes must pull over to plies to non-administrative over-snow the far right and next to the snow vehicle use by NPS, contractor, or con- berm. Pullouts must be used where cessioner employees, or other non-rec- available and accessible. Oversnow ve- reational users authorized by the Su- hicles may not be stopped in a haz- perintendent. ardous location or where the view (13) Do other NPS regulations apply to might be obscured, or operated so slowly as to interfere with the normal flow the use of oversnow vehicles? The use of of traffic. oversnow vehicles in Grand Teton is (B) Oversnow vehicle drivers must subject to § 2.18(a), (b), and (c), but not possess a valid motor vehicle driver’s subject to § 2.18(d) and (e) and § 2.19(b) license. A learner’s permit does not of this chapter. satisfy this requirement. The license (14) Are there any forms of non-motor- must be carried by the driver at all ized oversnow transportation allowed in times. the park?

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(i) Non-motorized travel consisting of (18) May I continue to access private skiing, skating, snowshoeing, or walk- property within or adjacent to the park ing is permitted unless otherwise re- via snowmobile? The Superintendent stricted under this section or other may establish reasonable and direct NPS regulations. snowmobile access routes to the (ii) The Superintendent may des- inholding or to private property adja- ignate areas of the park as closed, recent to park boundaries for which open such areas, or establish terms and other routes or means of access are not conditions for non-motorized travel reasonably available. Requirements es- within the park in order to protect tablished in this section related to air visitors, employees, or park resources. and sound emissions, snowmobile oper- (iii) Dog sledding and ski-joring are ator age, licensing, and guiding do not prohibited. apply on these oversnow routes. The (15) May I operate a snowplane in the following routes are designated for ac- park? The operation of a snowplane in cess to private properties within or ad- Grand Teton National Park is prohib- jacent to the park: ited. (i) From the Antelope Flats Road off (16) May I continue to access public U.S. 26/89/191 to private lands in the lands via snowmobile through the park? Craighead Subdivision. Reasonable and direct access, via snow- (ii) The unplowed portion of the mobile, to adjacent public lands will Teton Park Road to the piece of land continue to be permitted on the des- commonly referred to as the ‘‘Town- ignated routes through the park identi- send Property.’’ fied in the following paragraphs (iii) From the Moose-Wilson Road to (g)(16)(i) through (iv). Requirements es- the land commonly referred to as the tablished in this section related to air ‘‘Barker Property.’’ and sound emissions, daily entry lim- (iv) From the Moose-Wilson Road to its, snowmobile operator age, guiding, the property commonly referred to as and licensing do not apply on these the ‘‘Halpin Property.’’ oversnow routes. The following routes (v) From Highway 26/89/191 to those are designated for access via snow- lands commonly referred to as the mobile to public lands: ‘‘Meadows’’, the ‘‘Circle EW Ranch’’, (i) From the parking area at Shadow the ‘‘Moulton Property’’, the Mountain directly along the unplowed ‘‘Levinson Property’’ and the portion of the road to the east park ‘‘Macmahon Property.’’ boundary. (vi) From Cunningham Cabin pullout (ii) Along the unplowed portion of on U.S. 26/89/191 near Triangle X to the the Ditch Creek Road directly to the piece of land commonly referred to as east park boundary. the ‘‘Lost Creek Ranch.’’ (iii) The Continental Divide Snow- (vii) The Superintendent may des- mobile Trail (CDST) along U.S. 26/287 ignate additional routes if necessary to from the east park boundary to a point provide reasonable access to inholdings approximately 2 miles east of Moran or adjacent private property. Junction. If necessary for the proper (viii) Maps detailing designated administration of visitor use and re- routes will be available from Park source protection, the Superintendent Headquarters. may extend this designated route to (19) For what purpose may I use the the Moran Entrance Station. routes designated in paragraph (g)(18) of (iv) The Superintendent may des- this section? The routes designated in ignate additional routes if necessary to paragraph (g)(18) of this section are provide access to other adjacent public only to access private property within lands. or directly adjacent to the park bound- (17) For what purpose may I use the ary. Use of these roads via snowmobile routes designated in paragraph (g)(16) of is authorized only for the landowners this section? You may only use those and their representatives or guests. routes designated in paragraph (g)(16) Use of these roads by anyone else or for of this section to gain direct access to any other purpose is prohibited. public lands adjacent to the park (20) Is violating any of the provisions of boundary. this section prohibited (i) Violating any

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of the terms, conditions or require- Allen 57714 ments of paragraphs (g)(3) through Belvedere 57521 (g)(19) of this section is prohibited. Cottonwood 57775 (ii) Anyone who violates any of the Creighton 57729 terms, conditions or requirements of Interior 57750 this regulation will be considered to Kadoka 57543 have committed one separate offense Kyle 57752 for each term, condition or require- Long Valley 57547 ment that they violate. Owanka 57767 Philip 57567 (h) Where may I ride a bicycle in Grand Scenic 57780 Teton National Park? (1) You may ride a Wall 57790 bicycle on park roads, in parking areas, Wanblee 57577 and upon designated routes established Wasta 57791 within the park in accordance with § 4.30(a) of this chapter. The following (3) The Superintendent may require a routes are designated for bicycle use: permit and establish terms and condi- (i) The paved multi-use pathway tions in accordance with § 1.6 of this alongside Dornan Road between Dor- chapter for the operation of local com- nan’s and the Teton Park Road. mercial vehicles on the park road be- (ii) The paved multi-use pathway tween the park’s Northeast and Inte- alongside the Teton Park Road be- rior entrances. The Superintendent tween Dornan Road (Dornan’s Junc- may charge a fee for any permits tion) and the South Jenny Lake devel- issued to commercial vehicles in ac- oped area. cordance with a fee schedule estab- (2) The Superintendent may open or lished annually. close designated routes, or portions (4) The commercial transport on the thereof, or impose conditions or re- park road between the Northeast and strictions for bicycle use after taking Interior entrances of any substance or into consideration the location of or combination of substances, including impacts on wildlife, the amount of any hazardous substance, hazardous snow cover or other environmental material, or hazardous waste that re- conditions, public safety, and other quires placarding, or any marine pol- factors, under the criteria and proce- lutant that requires marking, as de- dures of §§ 1.5 and 1.7 of this chapter. fined in 49 CFR Subtitle B, is prohibited; except for local bulk deliveries of [24 FR 11043, Dec. 30, 1959] gasoline, fuel oil and LP gas; provided, EDITORIAL NOTE: For FEDERAL REGISTER ci- however, that the Superintendent may tations affecting § 7.22, see the List of CFR issue permits for the transportation of Sections Affected, which appears in the such substance or combination of sub- Finding Aids section of the printed volume stances, including hazardous waste, in and at www.fdsys.gov. emergencies, and may issue permits when such transportation is necessary § 7.23 Badlands National Park. for access to lands within or adjacent (a) Commercial vehicles. (1) Notwith- to the park area to which access is oth- standing the prohibition of commercial erwise not available as provided in 36 vehicles set forth in § 5.6 of this chap- CFR 5.6. ter, local commercial vehicles may op- (5) The operator of a motor vehicle erate on the park road between the transporting any hazardous substance, Northeast entrance and the Interior hazardous material, hazardous waste, entrance in accordance with the provi- or marine pollutant in accordance with sions of this section. a permit issued under this section, is (2) The term ‘‘Local Commercial Ve- not relieved in any manner from com- hicles’’, as used in this section, will in- plying with all applicable regulations clude the definition of ‘‘commercial ve- in 49 CFR Subtitle B, or with any other hicle’’ in § 5.6(a), but specifically in- State or Federal laws and regulations cludes only those vehicles that origi- applicable to the transportation of any nate from, or are destined to, the fol- hazardous substance, hazardous mate- lowing U.S. Postal Service ZIP code rial, hazardous waste, or marine pollut- areas: ant.

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(6) The transportation or use of over- descendent of not less than one-half size or overweight commercial vehicles part of the blood of the races inhab- on the park road between the North- iting the Hawaiian Islands previous to east and Interior entrances is prohib- 1778 (Act of June 20, 1938; 52 Stat. 784; ited; provided, however that the Super- 16 U.S.C. 396a). intendent may issue permits for trans- (b) Backcountry registration. No per- portation or use of such vehicles and son shall explore or climb about the may condition such permits on the use lava tubes or pit craters in the park of special routes within the park in without first registering with the su- order to minimize impacts to park fa- perintendent and indicating the ap- cilities and resources and also may proximate length of time involved in issue permits when the transportation the exploration and the number of peo- or use of such vehicles is necessary for ple in the party. This section does not access to lands within or adjacent to apply to the maintained trail through the park area to which access is other- Thruston Lava Tube, nor the main- wise not available as provided in 36 tained trail down and across Kilauea CFR 5.6. Iki pit crater. (7) Operating without, or violating a term or condition of, a permit issued in [34 FR 9338, June 13, 1969, as amended at 48 accordance with this section is prohib- FR 30295, June 30, 1983] ited. In addition, violating a term or § 7.26 Death Valley National Monu- condition of a permit may result in the ment. suspension or revocation of the permit. (b) [Reserved] (a) Mining. Mining in Death Valley National Monument is subject to the [62 FR 2580, Jan. 17, 1997] following regulations, which are prescribed to govern the surface use of § 7.24 Upper Delaware Scenic and Rec- reational River. claims therein: (1) The claim shall be occupied and Fishing. Fishing in any manner au- used exclusively for mineral explo- thorized under applicable State law is ration and development and for no allowed. other purpose except that upon written [53 FR 3748, Feb. 9, 1988] permission of an authorized officer or employee of the National Park Service § 7.25 Hawaii Volcanoes National Park. the surface of the claim may be used (a) Fishing—(1) Commercial fishing. for other specified purposes, the use to Commercial fishing from parklands be on such conditions and for such pe- (above the high waterline) other than riod as may be prescribed when permis- as provided for below is prohibited. sion is granted. (2) Nets. The use of nets in fishing (2) The owner of the claim and all from parklands (above the high water- persons holding under him shall con- line) except for throw nets, is prohib- form to all rules and regulations gov- ited. erning occupancy of the lands within (3) Kalapana extension area; special the National Monument. fishing privileges. (i) Pursuant to the act (3) The use and occupancy of the sur- of June 20, 1938 (52 Stat. 781; 16 U.S.C. face of mining claims as prescribed in 391b and 396a) Native Hawaiian resi- paragraphs (a) (1) and (2) of this section dents of the villages adjacent to the shall apply to all such claims located Kalapana extension area added to the after the date of the act of June 13, 1933 park by the above act and visitors (48 Stat. 139; 16 U.S.C. 447), within the under their guidance are granted the limits of the National Monument as exclusive privileges of fishing or gath- fixed by Proclamation No. 2028 of Feb- ering seafood from parklands (above ruary 11, 1933, and enlarged by Procla- the high waterline) along the coastline mation No. 2228 of March 26, 1937, and of such extension area. These persons to all mining claims on lands hereafter may engage in commercial fishing included in the National Monument, lo- under proper State permit. cated after such inclusion, so long as (ii) For the purposes of this section, such claims are within the boundaries the term ‘‘native Hawaiian’’ means any of said Monument.

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(4) Prospectors or miners shall not out a permit approved by an authorized open or construct roads or vehicle officer or employee of the National trails without first obtaining written Park Service. Application for such per- permission from an authorized officer mit shall be accompanied by plans of or employee of the National Park Serv- the proposed construction. The permit ice. Applications for permits shall be shall contain the following conditions: accompanied by a map or sketch show- (1) No diversion and use of the water ing the location of the mining property shall conflict with the paramount gen- to be served and the location of the eral public need for such water; (2) such proposed road or vehicle trail. The per- water systems shall include taps or mit may be conditioned upon the per- spigots at points to be prescribed by mittee’s maintaining the road or trail the Superintendent, for the conven- in a passable condition as long as it is ience of the public; and (3) all appro- used by the permittee or his succes- priations of water, in compliance with sors. the State water laws, shall be made for (5) From and after the date of publi- public use in the name of the United cation of this section, no construction, States and in accordance with instruc- development, or dumping upon any lo- tions to be supplied by an authorized cation or entry, lying wholly or partly officer or employee of the National within the areas set forth in para- Park Service. graphs (a)(5) (i) to (iii) of this section, (c) Permits. Application for any per- shall be undertaken until the plans for mit required by this section shall be such construction, development, and made through the Superintendent of dumping, insofar as the surface is af- the Monument. fected thereby, shall have been first (d) Filing of copies of mining locations. submitted to and approved in writing From and after the publication of this by an authorized officer or employee of paragraph, in order to facilitate the ad- the National Park Service: ministration of the regulations in this (i) All land within 200 feet of the cen- part, copies of all mining locations ter-line of any public road. filed in the Office of the County Re- (ii) All land within the smallest legal corder shall be furnished to the office subdivision of the public land surveys of the Superintendent, Death Valley containing a spring or water hole, or National Monument, by the person fil- within one quarter of a mile thereof on ing the mining location in his own be- unsurveyed public land. half or on behalf of any other person. (iii) All land within any site devel- (e) Aircraft. The following are des- oped or approved for development by ignated as locations where the oper- the National Park Service as a residen- ation of aircraft is allowed: tial, administrative, or public camp- (1) Death Valley Airport, latitude ground site. Such sites shall include all 36°27′50″ N., longitude 116°52′50″ W. land within the exterior boundaries (2) Stovepipe Wells Airport, latitude thereof as conspicuously posted by the 36°36′15″ N., longitude 117°09′30″ W. placing of an appropriate sign dis- [24 FR 11044, Dec. 30, 1959, as amended at 49 closing that the boundaries of the de- FR 18450, Apr. 30, 1984] veloped site are designated on a map of the site which will be available for in- § 7.27 Dry Tortugas National Park. spection in the office of the Super- (a) What terms do I need to know? The intendent. If not so posted, such sites following definitions apply to this sec- shall include all land within 1,000 feet tion only: of any Federally owned buildings, (1) Bait fish means any of the fol- water and sewer systems, road loops, lowing: and camp tables and fireplaces set at (i) Ballyhoo (family Exocioetidae and designated camp sites. genus Hemiramphus), other genus may (b) Use of water. No works or water be included in this family; system of any kind for the diversion, (ii) Minnow (families impoundment, appropriation, trans- Cyprinodontidae, Peciliidae, or mission, or other use of water shall be Aherinidae); constructed on or across Monument (iii) Mojarra (family Gerreidae); lands, including mining claims, with- (iv) Mullet (family Mugilidae);

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(v) Pilchard (family Clupeidae); or (11) Not available for immediate use (vi) Pinfish (family Sparidae, genus means not readily accessible for imme- Lagodon). diate use (e.g., by being stowed (2) Cast net means a type of circular unbaited in a cabin, locker, rod holder, falling net, weighted on its periphery, or similar storage area, or being se- which is thrown and retrieved by hand, curely covered and lashed to a deck or measuring 14 feet or less stretched bulkhead). length (stretched length is defined as (12) Ornamental tropical fish means a the distance from the horn at the cen- brightly colored fish, often used for ter of the net with the net gathered aquarium purposes and which lives in and pulled taut, to the lead line). close relationship to coral commu- (3) Designated anchorage means any nities, belonging to the families area of sand within one nautical mile Syngathidae, Apogonidae, of the Fort Jefferson Harbor Light. Pomacentridae, Scaridae, Blennidae, (4) Dip net means a hand held device Callionymidae, Gobiidae, Ostraciidae, for obtaining bait, the netting of which or Diodontidae. is fastened in a frame. A dip net may (13) Permit, in the case of 36 CFR part not exceed 3 feet at its widest point. 7.27, means an authorization in writing (5) Finfish means a member of sub- or orally (e.g., via radio or tele- classes Agnatha, Chondrichthyes, or phonically). Osteichthyes. (14) Research Natural Area (RNA) at (6) Flat wake speed means the min- Dry Tortugas National Park means the imum required speed to leave a flat 46-square-statute-mile area in the wave disturbance close astern a moving northwest portion of the park enclosed vessel yet maintain steerageway, but by connecting with straight lines the in no case in excess of 5 statute miles adjacent points of 82°51′ W and 24°36′ N, per hour. and 82°58′ W and 24°36′ N west to the (7) Guide operations means the activ- park boundary, but excluding: ity of a person, partnership, firm, cor- (i) The designated anchorage; poration, or other entity to provide (ii) Garden Key, Bush Key and Long services for hire to visitors of the park. Key; or This includes, but is not limited to, (iii) The central portion of Logger- fishing, diving, snorkeling, and wildlife head key including the lighthouse and viewing. associated buildings. (8) Live rock means any living marine (15) Shrimp means a member of the organism or assemblage thereof at- genus Farfantepenaeus, Penaeus sp. tached to a hard substrate, including (b) Are there recreational fishing re- dead coral or rock but not individual strictions that I need to know? (1) Yes. mollusk shells. After consulting with and obtaining (9) Lobster means any of the fol- the concurrence of the Florida Fish lowing: and Wildlife Conservation Commission, (i) Shovelnosed or Spanish Lobster based on management objectives and (Scyllarides aequinocti); the park fisheries research, the Super- (ii) Slipper lobster (Parribacus intendent may impose closures and es- antarcticus); tablish conditions or restrictions nec- (iii) Caribbean spiny lobster essary pertaining to fishing, including, (Panulirus argus); or but not limited to, species of fish that (iv) Spotted spiny lobster (Panulirus may be taken, seasons, and hours dur- guttatus). ing which fishing may take place, (10) Marine life means: methods of taking, and size, bag, and (i) Sponges, sea anenomes, corals, jel- possession limits. The public will be lyfish, sea cucumbers, starfish, sea ur- notified of any changes through one or chins, octopus, crabs, shrimp, bar- more methods listed in § 1.7 of this nacles, worms, conch; and chapter. In emergency situations, after (ii) Other animals belonging to the consulting with the Florida Fish and Phyla Porifera, Cnidaria, Wildlife Conservation Commission, the Echinodermata, Mollusca, Bryozoa, Superintendent may impose temporary Brachiopoda, Arthropoda, closures and establish conditions or re- Platyhilmenthes, and Annelida. strictions necessary, but not exceeding

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30 days in duration which may be ex- taken outside the park may not have tended for one additional 30 day period, persons overboard in park waters. The pertaining to fishing, including, but presence of lobster aboard a vessel in not limited to, species of fish that may park waters, while one or more persons be taken, seasons, and hours during from such vessel are overboard, con- which fishing may take place, methods stitutes prima facie evidence that the of taking, and size, bag, and possession lobsters were harvested from park limits. In emergency situations where waters in violation of this chapter. consultation in advance is not possible, (ii) Taking fish by pole spear, Hawai- the Superintendent will consult with ian sling, rubber powered, pneumatic, the Florida Fish and Wildlife Conserva- or spring loaded gun or similar device tion Commission within 24-hours of the known as a speargun, air rifles, bows initiation of the temporary closure or and arrows, powerheads, or explosive restriction. powered guns. Operators of vessels (2) Only the following may be legally within the park must break down and taken from Dry Tortugas National store all weapons described in this Park: paragraph so that they are not avail- (i) Fin fish by closely attended hook- able for immediate use. and-line; (iii) Use of a hand held hook, gig, (ii) Bait fish by closely attended gaff, or snare, except that a gaff may hook and line, dip net, or cast net and be used for landing a fish lawfully limited to 5 gallons per vessel per day; caught by hook and line when con- and sistent with all requirements in this (iii) Shrimp may be taken by dip net section, including size and species re- or cast net. strictions. (3) The following waters and areas (iv) Taking, possessing, or touching are closed to fishing: any ornamental tropical fish or marine (i) The Research Natural Area (RNA): life except as expressly provided in this Fish and fishing gear may be possessed section. aboard a vessel in the RNA, provided (v) Dragging or trawling a dip net or such fish can be shown not to have cast net. been harvested from within, removed (vi) The use of nets except as pro- from, or taken within the RNA, as ap- vided in paragraphs (b)(3)(ii)and (iii) of plicable, by being stowed in a cabin, this section. locker, or similar storage area prior to (vii) Engaging in guide operations entering and during transit through (fee for service), including but not lim- the RNA, provided further that such ited to fishing and diving, except in ac- vessel is in continuous transit through cordance with the provisions of: the RNA. Gear capable of harvesting fish may be aboard a vessel in the (A) A permit, contract, or other com- RNA, provided such gear is not avail- mercial use authorization; or able for immediate use when entering (B) Other written agreement with the and during transit through the RNA United States administered under this and no presumption of fishing activity chapter. shall be drawn therefrom; (c) Are any areas of the park closed to (ii) Garden Key moat; the public? Yes. The following areas are (iii) Within any swimming and snor- closed to the public: keling areas designated by buoys; (1) The elkhorn (Acropora palmata) (iv) Within 50 feet of the historic and staghorn (Acropora prolifera) coral coaling docks; patches adjacent to and including the (v) Helipad areas, including the gaso- tidal channel southeast of Long and line refueling dock. Bush Keys and extending to 100 yards (4) The following are prohibited: from the exterior edge of either patch; (i) Possessing lobster within the (2) Hospital and Long Keys; and boundaries of the park, unless the indi- (3) Areas that the Superintendent vidual took the lobster outside park designates in accordance with § 1.5 and waters and has the proper State/Fed- noticed to the public through one or eral licenses and permits. Vessels with more of the methods listed in § 1.7 of legally taken lobster aboard which was this chapter.

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(d) What restrictions apply on Logger- graywater from sinks, consisting of head Key? (1) The Superintendent will, only water and food particles; as necessary to protect park resources, (C) Vessel cooling water, engine ex- visitors, or employees: haust, or bilge water not contaminated (i) Designate areas on Loggerhead by oil or other substances. Key open for public use; (2) The Superintendent may impose (ii) Establish closures or restrictions further restrictions as necessary to on and around the waters of Logger- protect park resources, visitors, or em- head Key; and ployees. The Superintendent will no- (iii) Establish conditions for docking, tify the public of these requirements swimming or wading, and hiking. through one or more of the methods (2) The Superintendent will notify listed in § 1.7 of this chapter. the public of designations, closures or (h) What are the permit requirements in restrictions through one or more of the the park? (1) A permit, issued by the methods listed in § 1.7 of this chapter. Superintendent, is required for all non- (e) What restrictions apply to anchoring commercial vessels for which occu- a vessel in the park? (1) Anchoring in the pants are engaged in recreational ac- Research Natural Area (RNA) is pro- tivities, including all activities in the hibited. RNA. Permitted recreational activities (2) All vessels in the RNA must use include but are not limited to use of designated mooring buoys. mooring buoys, snorkeling, diving, (3) Anchoring between sunset and wildlife viewing, and photography. sunrise is limited to the designated an- (2) A permit, issued by the Super- chorage area at Garden Key. intendent, is required for a person, (4) Vessels engaged in commercial group, institution, or organization con- fishing or shrimping must not anchor ducting research activities in the park. in any of the channels, harbors, or la- (3) Vessels transiting the park with- goons in the vicinity of Garden Key, out interruption shall not require a Bush Key, or the surrounding shoals permit. outside of Bird Key Harbor, except in (i) How are corals and other under- cases of emergency involving danger to water natural features protected in the life or property. (Emergencies may in- park? (1) Taking, possessing, removing, clude, adverse weather conditions, me- damaging, touching, handling, har- chanical failure, medical emergencies, vesting, disturbing, standing on, or or other public safety situations.) otherwise injuring coral, coral forma- (f) What vessel operations are prohib- tion, seagrass or other living or dead ited? The following vessel operations organisms, including marine inverte- are prohibited: brates, live rock, and shells, is prohib- (1) Operating a vessel in the Fort Jef- ited. ferson Moat; and (2) Vessel operators are prohibited (2) Operating a vessel above a flat from allowing their vessel to strike, in- wake speed in the Garden Key and Bird jure, or damage coral, seagrass, or any Key Harbor areas. other immobile organism attached to (g) What restrictions apply to dis- the seabed. charging materials in park waters? (1) (3) Vessel operators are prohibited Discharging or depositing materials or from allowing an anchor, chain, rope or substances of any kind within the other mooring device to be cast, boundaries of the park is prohibited, dragged, or placed so as to strike, except for the following: break, abrade, or otherwise cause dam- (i) Research Natural Area: cooling age to coral formations, sea grass, or water or engine exhaust. submerged cultural resources. (ii) Park Waters Outside the Research (j) What restrictions apply on or near Natural Area: shipwrecks? (1) No person may destroy, (A) Fish, fish parts, chumming mate- molest, remove, deface, displace, or rials, or bait used or produced inci- tamper with wrecked or abandoned ves- dental to and while conducting rec- sels of any type or condition, or any reational fishing activities in the park; cargo pertaining thereto. (B) Water generated by routine vessel (2) Surveying, inventorying, disman- operations (e.g., deck wash down and tling, or recovering any wreck or cargo

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within the boundaries of the park is taking of two rainbow trout with a prohibited unless permitted in writing minimum six of 10 inches and max- by the Superintendent. imum size of 20 inches. (k) How are aircraft operations re- (2) Salmon Fishing. Salmon fishing is stricted? (1) Landing an aircraft in Dry permitted on the following park Tortugas National Park may occur waters, exclusive of tributaries, when only in accordance with a permit adjacent State waters are open: issued by the Superintendent under Dickey River. § 1.6 of this chapter. Hoh River below confluence of South Fork. (2) When landing is authorized by Kalaloch Creek. permit, the following requirements Ozette River. also apply: Queets River below Tshletshy Creek. (i) Aircraft may be landed on the Quillayute River. waters within a radius of 1 mile of Gar- Quinault River below the bridge connecting den Key, but a landing or takeoff may North Fork and Graves Creek Roads. not be made within 500 feet of Garden Salmon River. Key, or within 500 feet of any closed Seasons and bag limits shall be estab- area. lished annually after consultation with (ii) Operation of aircraft is subject to the State and any affected Indian tribe. § 2.17 of this chapter, except that sea- (3) Conservation waters. After con- planes may be taxied closer than 500 sultation with the State and, where ap- feet to the Garden Dock while en route propriate, the concerned Indian tribe, to or from the designated ramp, north the superintendent may, by local publi- of the dock. cation and conspicuous posting of (iii) Seaplanes may be moored or signs, alter the season and change brought up on land only on the des- daily limits for spawning, conservation ignated beach, north of the Garden Key or research purposes. dock. (4) Closed waters. That portion of the [71 FR 76164, Dec. 20, 2006] Morse Creek watershed within the park (except Lake Angeles and P.J. Lake) § 7.28 Olympic National Park. and that section of Kalaloch Creek (a) Fishing—(1) General Provisions. All which is used as domestic water supply waters within Olympic National Park (as posted) are closed to fishing. Fish- are open to fishing in conformance ing from boats is prohibited on the Hoh with those seasons and limits published River upstream from the South Fork annually by the Washington State De- Hoh boat launch. partment of Game and the Washington (5) Fishing gear. Fishing with a line, State Department of Fisheries applica- gear or tackle having more than two ble in the same watershed in adjoining spinners, spoons, blades, flashers, or counties, except as provided for below. like attractions, or with more than one (i) Possession limit. This shall be the rudder, or more than two hooks (single, same as the daily limit for all species; double, or treble barbed) attached to Provided however, it is lawful to possess such line, gear, or tackle, is prohibited. four steelhead over 20 inches regardless (6) Bait. The use of nonpreserved fish of weight. In the Queets River and trib- eggs is permitted. utaries the summer season possession (7) License. A license to fish in park limit is two steelhead over 20 inches. waters is not required; however, an in- (ii) General summer season. Daily dividual fishing for steelhead or salm- steelhead catch limit shall not exceed on in park waters, except treaty Indi- two fish, Provided however: ans fishing in the exercise of rights se- (A) The Queets River and tributaries cured by treaties of the United States, shall have a summer season daily limit shall have in his/her possession a State of one steelhead over 20 inches in of Washington punch card for the spe- length. cies being sought. Steelhead and salm- (B) The Quinault River is closed to on shall be accounted for on these the taking of steelhead all year above cards as required by State regulations. the confluence of the North and East (8) Indian treaty fishing. (i) Subject to Forks, but is open in its entirety dur- the limitations set forth below, all ing the general summer season to the waters within the Olympic National

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Park which have been adjudicated to (1) Hand propelled vessels and sail- be usual and accustomed fishing places boats are permitted on park waters ex- of an Indian tribe, having treaty-se- cept the following: cured off-reservation fishing rights, are Dosewalips River. open to fishing by members of that tribe in conformance with applicable (2) Motorboats are permitted on the tribal or State regulations conforming following waters: to the orders of the United States Dis- Lake Crescent. trict Court. Lake Cushman. (ii) Identification cards and tags. Mem- Lake Mills. bers of the tribes having treaty-secured Dickey River in coastal strip. fishing rights shall carry identification Hoh River in coastal strip. cards conforming to the requirements Quillayute River in coastal strip. prescribed by the United States Dis- Quinault River below the bridge connecting North Fork and Graves Creek Roads. trict Court and issued either by the Bu- reau of Indian Affairs or the applicable (c) Dogs and cats. Dogs (except guide tribe when fishing in accordance with dogs) and cats are prohibited on any the tribe’s reserved treaty fishing park land or trail, except on designated right. Such persons shall produce said park roads and parking areas or within card for inspection upon request of a one-quarter mile of an established National Park Service enforcement of- automobile campground or conces- ficer. A tribally issued identification sioner overnight facility. tag shall be attached to any unat- (d) [Reserved] tended fishing gear in park waters. (e) Privately owned lands—(1) Water supply and sewage disposal systems. The (iii) Conservation closures and catch provisions of this paragraph apply to limits. The superintendent may close a the privately owned lands within stream or any portion thereof to Indian Olympic National Park. The provisions treaty fishing or limit the number of of this paragraph do not excuse compli- fish that may be taken when it is found ance by eating, drinking, or lodging es- either that it is: tablishments with § 5.10 of this chapter. (A) Reasonable and necessary for the (i) Facilities. (a) Subject to the provi- conservation of a run as those terms sions of paragraph (e)(1)(iii) of this sec- are used by the United States District tion, no person shall occupy any build- Court to determine the permissible ing or structure, intended for human limitations on the exercise of Indian habitation or use, unless such building treaty rights; or is served by water supply and sewage (B) Necessary to secure the proper al- disposal systems that comply with the location of harvest between Indian standards prescribed by the State and treaty fisheries and other fisheries as county laws and regulations applicable prescribed by the court. in the county within whose exterior (iv) Catch reports. Indian fishermen boundaries such building is located. shall furnish catch reports in such (b) No person shall construct, rebuild form as the superintendent, after con- or alter any water supply or sewage sultation with the applicable tribe, disposal system without a written per- shall have prescribed. mit issued by the Superintendent. The (v) Prohibition of fish cultural activi- Superintendent will issue such permit ties. No fish cultural, planting, or prop- only after receipt of written notifica- agation activity shall be undertaken in tion from the appropriate Federal, park waters without prior written per- State, or county officer that the plans mission of the superintendent. for such system comply with the State (vi) Applicability of other park regula- or county standards. There shall be no tions. Indian treaty fishing shall be in charge for such permits. Any person conformity with National Park Service aggrieved by an action of the Super- general regulations in parts 1–6 of this intendent with respect to any such per- chapter. mit or permit application may appeal (b) Boating. All vessels are prohibited in writing to the Director, National on park waters except as provided Park Service, U.S. Department of the below: Interior, Washington, DC 20240.

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(ii) Inspections. (a) The appropriate National Park over which jurisdiction State or county officer, the Super- has been ceded by the State of Wash- intendent, or their authorized rep- ington to the United States of America resentatives or an officer of the U.S. shall comply with the standards con- Public Health Service, may inspect any cerning forest practices established water supply or sewage disposal sys- from time to time by or pursuant to tem, from time to time, in order to de- the laws of the State of Washington termine whether such system complies which would apply to such operations with the State and county standards: if they were not being conducted in Provided, however, That inspection Olympic National Park and personnel shall be made only upon consent of the of the Park will consult and cooperate occupant of the premises or pursuant with State officials in the administra- to a warrant. tion of this regulation. Although forest (b) Any water supply or sewage dis- practices standards established from posal system may be inspected without time to time by or pursuant to the the consent of the occupant of the laws of the State of Washington shall premises or a warrant if there is prob- apply, no person, firm, or corporation able cause to believe that such system harvesting timber, on such privately presents an immediate and severe dan- owned lands shall be required to obtain ger to the public health. permits or licenses from, or pay fees to, (iii) Defective systems. (a) If upon in- the State of Washington or its political spection, any water supply system or subdivisions in connection with the sewage disposal system is found by the harvesting or cutting of timber on such inspecting officer not to be in conform- lands. Prior to the initiation of har- ance with applicable State and county vesting or cutting of timber on pri- standards, the Superintendent will vately owned lands over which jurisdic- send to the ostensible owner and/or the tion has been ceded to the United occupant of such property, by certified States, such operations shall be reg- mail, a written notice specifying what istered with the Superintendent of steps must be taken to achieve compli- Olympic National Park. ance. If after 1 year has elapsed from (3) Conflict with Federal laws. If the the mailing of such written notice the standards established from time to deficiency has not been corrected, such time by or pursuant to the laws of the deficiency shall constitute a violation State of Washington, specified in para- of this regulation and shall be the basis graphs (e) (1) and (2) of this section, are for court action for the vacation of the lower than or conflict with any estab- premises. lished by Federal laws or regulations (b) If upon inspection, any water sup- applicable to privately owned lands ply or sewage disposal system is found within Olympic National Park, the lat- by the inspecting officer not to be in ter shall prevail. conformance with established State and county standards and it is found (f) Snowmobile use. (1) The use of further that there is immediate and se- snowmobiles is prohibited except in vere danger to the public health or the areas and on routes designated by the health of the occupants or users, the superintendent by the posting of appro- Superintendent shall post appropriate priate signs or by marking on a map notices at conspicuous places on such available at the office of the super- premises, and thereafter, no person intendent, or both. The following shall occupy or use the premises on routes have been designated for snow- which the system is located until the mobile use within Olympic National Superintendent is satisfied that reme- Park: dial measures have been taken that (i) Staircase Road from the park will assure compliance of the system boundary to the Staircase Ranger Sta- with established State and county tion. standards. (ii) Whiskey Bend Road from the (2) State forest practice laws. Any per- function of the Elwha Road to the son, firm, or corporation harvesting or Whiskey Bend trailhead. cutting timber on privately owned (iii) Boulder Creek Road from Glines lands within that portion of Olympic Canyon Dam to the end of the road.

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(iv) North Fork Quinault Road from (3) Vehicles shall not be parked in the end of the plowed portion to the designated oversand routes or interfere North Fork Ranger Station. with moving traffic. (v) South Shore Road from the end of (4) When the process of freeing a ve- the plowed portion to the Graves Creek hicle which has been stuck results in Ranger Station. ruts or holes, the ruts or holes shall be (2) [Reserved] filled by the operator of such vehicle [24 FR 11045, Dec. 30, 1959, as amended at 34 before it is removed from that area. FR 5844, Mar. 28, 1969; 34 FR 6331, Apr. 10, (5) The operation of a motorcycle on 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, an oversand vehicle route or beach is Sept. 5, 1970; 46 FR 37896, July 23, 1981; 47 FR prohibited. 54930, Dec. 7, 1982; 48 FR 1488, Jan. 13, 1983; 48 (6) The Superintendent may establish FR 30295, June 30, 1983] limits on the number of oversand vehi- § 7.29 Gateway National Recreation cles permitted on designated oversand Area. routes and beaches when such limita- (a) Operation of motor vehicles. The op- tions are necessary in the interest of eration of motor vehicles, other than public safety, protection of the ecologi- authorized emergency vehicles, is pro- cal and environmental values of the hibited outside of established public area, coordination with other visitor roads and parking areas, except on uses. beaches and oversand routes designated (c) Public lewdness. Section 245.00 of by the Superintendent by the posting the New York Penal Code is hereby of appropriate signs and identified on adopted and incorporated into the reg- maps available at the office of the Su- ulations of this part. Section 245.00 pro- perintendent. These beaches and routes vides that: will be designated after consideration A person is guilty of public lewdness when of the criteria contained in sections 3 he intentionally exposes the private and inti- and 4 of E.O. 11644, (37 FR 2877) and mate parts of his body in a lewd manner or § 4.10(b) of this chapter. commits any other lewd act (a) in a public (b) Off-road vehicle operation. (1) Oper- place, or (b) in private premises under cir- ation of motor vehicles, (including the cumstances in which he may readily be ob- various forms of vehicles used for trav- served from either a public place or from el oversand, such as but not limited to, other private premises, and with intent that ‘‘beach buggies’’) on beaches or on des- he be so observed. ignated oversand routes without a per- [41 FR 19220, May 11, 1976, as amended at 44 mit from the Superintendent is prohib- FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, ited. Before a permit will be issued, 1987] each vehicle will be inspected to assure that it contains the following equip- § 7.30 Devils Tower National Monu- ment which must be carried in the ve- ment. hicle at all times while on the beaches (a) Climbing. Registration with a park or on the designated oversand routes: ranger is required prior to any climb- (i) Shovel; ing above the talus slopes on Devils (ii) Jack; Tower. The registrant is also required (iii) Tow rope or chain; to sign in immediately upon comple- (iv) Board or similar support; tion of a climb in a manner specified (v) Low pressure tire gauge. by the registering ranger. Prior to the issuance of such permits, operators must show compliance with [42 FR 20462, Apr. 20, 1977] Federal and State regulations and applicable to licensing, registering, in- § 7.31 Perry’s Victory and Inter- specting, and insuring of such vehicles. national Peace Memorial. Such permits shall be affixed to the ve- Snowmobiles. After consideration of hicles as instructed at the time of existing special situations, i.e., depth issuance. of snow, and depending on local weath- (2) Driving off designated, marked er conditions, the superintendent may oversand routes or beaches is prohib- permit the use of snowmobiles on that ited. portion of land situated between State

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Route 357 and the seawall which des- (b) Fishing. Unless otherwise designates the north boundary of the Me- ignated, fishing in a manner authorized morial. This route will extend from the under applicable State law is allowed. extreme northeast corner of the bound- (c) Hunting. The following lakeshore ary to the middle of the intersection of areas are closed to hunting: State Route 357 and Toledo Avenue. (1) Sand Point area. All that portion [47 FR 55392, Dec. 9, 1982] of Sand Point described as the area below the top of the bluff in Sections 19 § 7.32 Pictured Rocks National Lake- and 30, T47N, R18W, and that area situ- shore. ated within the corporate limits of the City of Munising, including the Sand (a) Snowmobiles. (1) Snowmobile use is Point Road. permitted on designated portions of roadways and lakes in Pictured Rocks (2) Developed public use areas. (i) The National Lakeshore. The designated area within 150 yards of any campsite routes for snowmobiles will be confined located within the Little Beaver, Twelvemile Beach, and Hurricane to the frozen waters of Lake Superior, River Campgrounds. Grand Sable Lake, on the major lakeshore visitor use roads that are (ii) The area within 150 yards of the unplowed, or on road shoulders of Miners Castle overlooks, paved walk- plowed park roads in conformance with ways and vehicle parking lot. Also 100 State law. The designated snowmobile feet from the centerline of the paved routes are: Miners Castle Road and the area within 100 feet of Miners Falls parking lot, (i) The Sand Point Road from the trail and associated platforms. park boundary to Lake Superior. (iii) The area within 100 feet of: the (ii) The woodlands road from the Chapel Falls parking lot; the Little park boundary off City Limits Road Beaver backpacker parking lot; the southwest to Becker Farm and down to Twelvemile Beach picnic area parking the Sand Point Road. lot; the Log Slide parking lot, plat- (iii) The road to Miner’s Falls, Min- forms and walkways; the Grand Sable er’s Castle parking area, and the Min- Lake picnic area and parking lot; the er’s Beach parking area. Grand Sable Lake boat launch and (iv) The road from the park boundary parking lot; the Grand Sable Lake in section 32, T48N, R17W, to the end of overlook parking lot. the road to Chapel Falls. (iv) The area within 150 yards of any (v) The road from Country Road H–58 structure at the Au Sable Light Sta- at the park boundary to the Little Bea- tion, and within 100 feet of the trail be- ver Lake Campground. tween the lower Hurricane River Camp- (vi) The road from County Road H–58 ground and the light station. to the Twelvemile Beach Campground. (v) The area within 150 yards of the (vii) The road from County Road H–58 Sable Falls parking lot and building, to the Hurricane River Campground. including the viewing platforms and as- (viii) The road from County road H–58 sociated walkway system to the mouth to the Log Slide. of Sable Creek. Also included is the (ix) The section of Michigan Dimen- area 100 feet from the centerline of the sion Road from the park boundary to paved Sable Falls Road. the Log Slide. (vi) The area within 150 yards of: the (x) The frozen waters of Lake Supe- Grand Sable Visitor Center parking lot rior and Grand Sable Lake. and barn; the structures comprising (2) Maps showing designated routes the Grand Marais quarters and mainte- shall be available at park headquarters nance facility. and at ranger stations. (vii) The 8.6 acre tract comprising (3) Snowmobile use outside des- structures and lands administered by ignated routes is prohibited. The prohi- the National Park Service on Coast bition shall not apply to emergency ad- Guard Point in Grand Marais. ministrative travel by employees of (3) Hunting season. Hunting is prohib- the National Park Service or law en- ited park wide during the period of forcement agencies. April 1 through Labor Day.

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(d) Personal Watercraft (PWC). (1) into consideration public safety, wild- PWC are allowed on the waters within life management, weather, and park Pictured Rocks National Lakeshore, management objectives. from the western boundary of the lake- (4) Maps showing the designated shore to the east end of Miners Beach. routes are available at park head- (2) PWC may be launched only from a quarters and at ranger stations. designated launch site at Sand Point. (5) Snowmobile use outside open des- (3) PWC users may beach their craft ignated routes and lake surfaces is pro- only at Sand Point Beach and Miners hibited. Beach. (c) Aircraft. (1) Aircraft may be oper- (4) The Superintendent may tempo- ated on the entire water surface and rarily limit, restrict, or terminate ac- frozen lake surface of the following cess to the areas designated for PWC lakes, except as restricted in paragrah use after taking into consideration (c)(4) of this section and § 2.17 of this public health and safety, natural and chapter: Rainy, Kabetogama, cultural resource protection, and other Namakan, Sand Point, Locator, War management activities and objectives. Club, Quill, Loiten, Shoepack, Little Trout and Mukooda. [47 FR 54932, Dec. 7, 1982, as amended at 49 FR 18450, Apr. 30, 1984; 60 FR 47703, Sept. 14, (2) Approaches, landings and take- 1995; 70 FR 61905, Oct. 27, 2005] offs shall not be made within 500 feet of any developed facility, boat dock, § 7.33 Voyageurs National Park. float, pier, ramp or beach. (a) Fishing. Unless otherwise des- (3) Aircraft may taxi to and from a ignated, fishing in a manner authorized dock or ramp designated for their use under applicable State law is allowed. for the purpose of mooring and must be (b) Snowmobiles. (1) The following operated with due care and regard for lakes and trails within Voyageurs Na- persons and property and in accordance tional Park are open to snowmobile with any posted signs or waterway use: markers. (i) The frozen waters of Rainy, (4) Areas within the designated lakes Kabetogama, Namakan, Mukooda, Lit- may be closed to aircraft use by the tle Trout and Sand Point Lakes. Superintendent taking into consider- (ii) The Moose River Railroad Grade ation public safety, wildlife manage- from the park boundary north to Ash ment, weather and park management River, and then east to Moose Bay, objectives. Namakan Lake. [49 FR 18450, Apr. 30, 1984, as amended at 56 (iii) The portage trail between Grassy FR 3421, Jan. 30, 1991; 60 FR 39258, Aug. 2, Bay and Little Trout Lake. 1995] (iv) The Chain of Lakes Trail from its intersection with the Black Bay to § 7.34 Blue Ridge Parkway. Moose Bay portage, across Locator, (a) Snowmobiles. After consideration War Club, Quill, Loiten, and Shoepack of any special situations, i.e. Lakes, to Kabetogama Lake. prescheduled or planned park activities (2) Snowmobile use is allowed across such as conducted hikes or winter bird the following marked safety portages: and wildlife counts, and depending on Black Bay to Moose Bay, Lost Bay to local weather conditions, the Super- Saginaw Bay, Laurins Bay to Kettle intendent may allow the use of snow- Falls, Squirrel Narrows, Squaw Nar- mobiles on the paved motor road and rows, Grassy Bay, Namakan Narrows, overlooks used by motor vehicle traffic Swansons Bay, Mukooda Lake to Sand during other seasons between U.S. 220, Point Lake (north), Mukooda Lake to Milepost 121.4 and Adney Gap, Milepost Sand Point Lake (south), Mukooda 136.0. The public will be notified of Lake to Crane Lake, Tar Point, Kohler openings through the posting of signs. Bay, and Sullivan Bay to Kabetogama (b) Fishing. (1) Fishing is prohibited Lake. from one-half hour after sunset until (3) The Superintendent may deter- one-half hour before sunrise. mine yearly opening and closing dates (2) Fishing from the dam at Price for snowmobile use, and temporarily Lake or from the footbridge in Price close trails or lake surfaces, taking Lake picnic area in Watauga County,

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N.C., and from the James River Park- (3) Vessels using Price Lake may be way Bridge in Bedford and Amherst launched only at established or des- Counties, Va., is prohibited. ignated ramps and shall be removed (3) The following waters are subject from the water for the night. Campers to the restrictions indicated: shall remove their vessels from the (i) North Carolina. Basin Creek and its water to their campsites at night. tributaries in Doughton Park; Trout Lake in Moses H. Cone Memorial Park; [24 FR 11032, Dec. 30, 1959, as amended at 34 FR 11969, July 16, 1969; 36 FR 20945, Nov. 2, Ash Bear Pen Pond, Boone Fork River, 1971; 37 FR 20247, Sept. 28, 1972; 42 FR 61042, Cold Prong Branch, Laurel Creek, Sims Dec. 1, 1977; 46 FR 39818, Aug. 5, 1981; 48 FR Creek, Sims Pond in Julian Price Me- 30295, June 30, 1983; 49 FR 18450, Apr. 30, 1984; morial Park, and Camp Creek. 52 FR 10686, Apr. 2, 1987; 52 FR 20388, June 1, (A) On all of the above-designated 1987] waters in North Carolina the use of bait other than artificial lures having a § 7.35 Buffalo National River. single hook is prohibited, except that (a) Fishing. (1) Unless otherwise des- on Basin Creek and its tributaries and ignated by the Superintendent, fishing Boone Fork River from Price Lake in a manner authorized under applica- Dam downstream to the Parkway ble State law is allowed. boundary the use of bait other than single hook artificial flies is prohib- (2) The Superintendent may des- ited. ignate times when and locations where (B) On all of the above-designated and establish conditions under which waters in North Carolina the daily the digging of bait for personal use is creel and size limits shall be posted allowed. around the lake shorelines and along (3) The Superintendent may des- the stream banks. ignate times when and locations where (ii) Virginia. Peaks of Otter Lake in and establish conditions under which Bedford County, Va. the collection of terrestrial and aquat- (A) On the above-designated water in ic insects for bait for personal use is al- Virginia the use of bait other than ar- lowed. tificial lures having one single hook is (4) Violating a designation or condi- prohibited. tion established by the Superintendent (B) On the above-designated water in is prohibited. Virginia the daily creel and size limits (b) Frogs, Turtles and Crayfish. (1) The shall be as posted on the lake shore- Superintendent may designate times line. and locations and establish conditions (4) Prohibited bait in waters in para- governing the taking of frogs, turtles graphs (b)(3) (i) and (ii) of this section: and crayfish for personal use. Possession of or use as bait of insects, (2) Violating a designation or condi- worms, and other similar organic bait tion established by the Superintendent or parts thereof adjacent to, on, or in is prohibited. streams or lakes while in possession of (c) Motorized Vessels. (1) Except for a fishing tackle, is prohibited. vessel propelled by a gasoline, diesel or (c) Powerless flight. The use of devices other internal combustion engine with designed to carry persons through the a rating of 10 horsepower or less, oper- air in powerless flight is allowed at ating a motorized vessel from Erbie times and locations designated by the Ford to the White River is prohibited. superintendent, pursuant to the terms (2) Operating a vessel propelled by a and conditions of a permit. motor is prohibited above Erbie Ford. (d) Boating. (1) The use of any vessel, as defined in § 3.1 of this chapter on the (3) The provisions of paragraph (c) do waters of the Blue Ridge Parkway is not apply to a vessel operated for offi- prohibited except on the waters of cial use by an agency of the United Price Lake. States, the State of Arkansas or one of (2) Vessels using Price Lake shall be its political subdivisions. restricted to vessels propelled solely by [52 FR 19343, May 22, 1987] oars or paddles.

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§ 7.36 Mammoth Cave National Park. (2) The following are prohibited: (i) Possessing a bicycle on routes or (a) Fishing—(1) General. Trot and trails not designated as open to bicycle throw lines shall contain hooks which use; are spaced at least 30 inches apart. (ii) Unless posted otherwise, oper- (2) Seines. (i) The use of seines is per- ating a bicycle in excess of 15 miles per mitted only in the following runs and hour on designated routes; and creeks to catch minnows and crawfish (iii) Failing to yield the right of way for bait: Bylew, First, Second, Pine, to horses or hikers. Big Hollow, Buffalo, Ugly, Cub, Blow- (3) The Superintendent may open or ing Spring, Floating Mill Branch, Dry close designated bicycle routes, or por- Branch, and Mill Branch. tions thereof, or impose conditions or (ii) Seines shall not exceed 4 × 6 feet restrictions for bicycle use after taking and the mesh shall not be larger than into consideration public health and one-quarter inch. safety, natural and cultural resource (3) Live bait. (i) Worms are the only protection, and other management ac- form of live bait which may be used in tivities and objectives. the Sloans Crossing Pond (also known (i) The Superintendent will provide as Beaver Pond), Green Pond, Doyle public notice of all such actions Pond, and First Creek Lake. Live min- through one or more of the methods nows and worms may be used in all listed in § 1.7 of this chapter. other waters. (ii) Violating a closure, condition, or (ii) [Reserved] restriction is prohibited. (b)(1) Cave entry. Except for those portions of the caves open to the gen- [36 FR 506, Jan. 14, 1971, as amended at 42 FR eral public, no person shall enter any 31454, June 21, 1977; 48 FR 30295, June 30, 1983; cave within the boundaries of the park 77 FR 56123, Sept. 12, 2012] without first obtaining a permit from § 7.37 Jean Lafitte National Historical the Superintendent. Permits will be Park. issued to persons who are qualified and experienced in cave exploration, who (a) Fishing. (1) Unless otherwise des- possess the needed equipment for safe ignated, fishing in a manner authorized entry and travel, and who are engaged under applicable State law is allowed. in scientific research projects which in (2) Within the Barataria Marsh unit, the opinion of the Superintendent are the superintendent may designate compatible with the purpose for which times and locations and establish con- the park was established. ditions governing the taking of cray- (2) Persons on guided cave tours must fish upon a written determination that stay on the established designated the taking of crayfish: (i) Is consistent with the purposes for trails and remain with the guides and which the unit was established; and tour group at all times. Exploration of (ii) Will not be detrimental to other side passages, going ahead of the lead park wildlife or the reproductive po- guide and tour group or dropping be- tential of the species to be taken; and hind the following guide or tour group (iii) Will not have an adverse effect is prohibited. on the ecosystem. (3) Persons on ‘‘self-guided’’ or (3) Violation of established condi- ‘‘semi-guided’’ cave tours must stay in tions or designations for the taking of the established, designated trails at all crayfish is prohibited. times. Exploration of side passages or taking alternate routes is prohibited. [49 FR 18450, Apr. 30, 1984] (c) Bicycles. (1) The following trails are designated as routes open to bicy- § 7.38 Isle Royale National Park. cle use: (a) Aircraft, designated landing areas. (i) Connector Trail from the Big Hol- (1) The portion of Tobin Harbor located low Trailhead to the Maple Springs in the NE1⁄4 of sec. 4, T. 66 N., R. 33 W.; Trailhead; the SE1⁄4 of sec. 33, T. 67N., R. 33 W., (ii) Big Hollow Trail; and the SW1⁄4 of sec. 34, T. 67 N., R. 33 (iii) Mammoth Cave Railroad Bike & W. Hike Trail; and (2) The portion of Rock Harbor lo- (iv) White Oak Trail. cated in the SE1⁄4 of sec. 13, the N1⁄2 of

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sec. 24, T. 66 N., R. 34 W., and the W1⁄2 (c) Commercial automobiles and buses. of sec. 18, T. 66 N., R. 33 W. The prohibition against the admission (3) The portion of Washington Harbor of commercial automobiles and buses located in the N1⁄2 of sec. 32, all of sec. to Mesa Verde National Park, con- 29, SE1⁄4 of sec. 30, and the E1⁄2 of sec. tained in § 5.4 of this chapter shall be 31, T. 64 N., R. 38 W. subject to the following exceptions: (b) Underwater diving. No person shall Motor vehicles operated on an infre- undertake diving in the waters of Isle quent and nonscheduled tour on which Royale National Park with the aid of the visit to the park is an incident to underwater breathing apparatus with- such tour, carrying only round trip out first registering with the Super- intendent. passengers traveling from the point of (c) Mammals. Dogs, cats, and other origin of the tour, will be accorded ad- mammals may not be brought into or mission to the park upon establishing possessed in the park area, except for to the satisfaction of the Super- guide dogs accompanying the blind. intendent that the tour originated from such place and in such manner as [35 FR 7793, May 21, 1970, as amended at 42 FR 21777, Apr. 29, 1977] not to provide, in effect, a regular and duplicating service conflicting with, or § 7.39 Mesa Verde National Park. in competition with, the services pro- (a) Visiting of cliff dwellings is provided for the public pursuant to con- hibited except when persons are accom- tract authorization with the Secretary. panied by a uniformed National Park [24 FR 11049, Dec. 30, 1959, as amended at 37 Service employee. However, the Super- FR 23334, Nov. 2, 1972] intendent may issue special written permits to persons engaged in sci- § 7.40 Hopewell Village National His- entific investigations authorizing such toric Site. persons to visit the cliff dwellings (a) Fishing. (1) Fishing between sun- without escort. The Superintendent set and sunrise is prohibited. shall approve issuance of a permit provided: [24 FR 11049, Dec. 30, 1959, as amended at 33 (1) That the investigation plan pro- FR 3227, Feb. 21, 1968] posed, in purpose and in execution, is compatible with the purposes for which § 7.41 Big Bend National Park. the park was established; (a) Fishing; closed waters. Special (2) That the investigation proposed ponds and springs reserved for species will not jeopardize the preservation of of rare fish are closed to fishing and park resources; bait collecting. The taking or release (3) That the study undertaken will of any form of fish life in these ponds have demonstrable value to the Na- or springs is prohibited except by spe- tional Park Service in its management or understanding of park resources; cial authorization by the Super- and intendent. These ponds and springs will (4) That the permit applicants are be posted as closed to fishing and bait adequately experienced and equipped collecting and molestation. so as to insure that the objectives of (b) Fishing; method. (1) Fishing with paragraphs (a) (1), (2), and (3) of this pole and line, rod and reel, and trot and section will be obtained. throw line is permitted all year from (b) Hiking is permitted only on trails the United States side of the Rio designated for that purpose by the Su- Grande. perintendent by the posting of appro- (2) Use of seine. The use of seines and priate signs or by marking on a map nets is prohibited except minnow which shall be available for inspection seines no greater than 20 feet in length by the public at park headquarters and may be used for taking of minnows for other convenient locations within the bait. park. Persons hiking on the Pictograph Point or Spruce Canyon Trails must register in advance with the Super- intendent.

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(c) Fishing; limit of catch. The limit of Trucks used for the purpose of hauling catch per person per day or in posses- non-recreational materials are not per- sion shall be 25 fish, except that min- mitted. nows caught for bait shall not be ac- (2) Animal-drawn vehicles. Animal- countable for the purpose of this sec- drawn vehicles or implements are pro- tion. hibited on the main parkway road. (3) Farm vehicles. Farm vehicles, in- [24 FR 11049, Dec. 30, 1959, as amended at 27 FR 8616, Aug. 29, 1962; 52 FR 10686, Apr. 2, cluding agricultural implements, with 1987] or without load carrying capacity, and whether or not self-propelled, are pro- § 7.42 Pipestone National Monument. hibited on the parkway, except when (a) An American Indian desiring to such travel is authorized by the Super- quarry and work ‘‘catlinite’’ pipestone intendent or when such travel is in shall first secure a permit from the Su- connection with the construction, op- perintendent. The Superintendent shall eration, or maintenance of the park- issue a permit to any American Indian way. applicant, Provided, that: (1) In the (4) Recreational vehicles. Recreational judgment of the Superintendent, the vehicles, including but not limited to number of permittees then quarrying self-propelled mobile homes, campers, 1 or working the pipestone is not so housetrailers, and vehicles up to 1 ⁄2 large as to be inconsistent with preser- ton rated capacity, when such rec- vation of the deposit and (2) a suitable reational vehicles are used solely to area is available for conduct of the op- carry persons for recreational purposes eration. The permit shall be issued together with their baggage, camping without charge and shall be valid only equipment, and related articles for va- during the calendar year in which it is cation or recreational purposes, are issued. permitted on the parkway. (b) An American Indian desiring to (5) Trailers. Trailers are permitted sell handicraft products produced by when used non-commercially to trans- him, members of his family, or by port baggage, camping equipment, other Indians under his supervision or horses for recreational riding, small under contract to him, including boats and other similar items used for pipestone articles, shall apply to the vacation or recreational purposes, pro- Superintendent. The Superintendent vided they meet the following criteria: shall grant the permit provided that (1) (i) Utility type trailers must be en- in his judgment the number of permit- closed or covered and are not to exceed tees selling handicraft products is not 5 feet by 8 feet. so large as to be inconsistent with the (ii) Trailers must be equipped with enjoyment of visitors to the Pipestone red taillights, red stoplights and me- National Monument and (2) a suitable chanical turn signals. Clearance lights area is available for conduct of the op- are required on trailers over 6 feet eration. The permit shall be issued high. without charge and shall be valid only (iii) Only one trailer of any type may during the calendar year in which it is be towed by any one vehicle along the issued. parkway. The towing vehicle and trailer must not exceed 55 feet in length. [34 FR 5377, Mar. 19, 1969] (6) Buses. Commercial passenger carrying buses, when used for touring pur- § 7.43 Natchez Trace Parkway. poses, may travel the Natchez Trace (a)–(b) [Reserved] Parkway by obtaining special written (c) Vehicles—(1) Trucks. Trucks over permission in advance from the Super- one ton rated capacity are not perintendent or his representative. School mitted on the parkway. Trucks, not ex- buses may travel on the parkway with- ceeding one ton rated capacity, are per- out such written permission when mitted to travel on the Natchez Trace transporting people for special rec- Parkway when used solely for trans- reational or educational purposes. portation of persons, their baggage, (7) Towed vehicles other than trailers. camping equipment and related arti- Such vehicles must be towed with a cles for recreational purposes only. rigid tow bar which does not require a

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driver for the towed vehicle. Tow bar (2) Cast net means a type of circular must be equipped with safety chains falling net, weighted on its periphery, that are so connected to the towed and which is thrown and retrieved by hand. towing vehicles and to the tow bar (3) Commercial fishing means the ac- that, if the tow bar fails, it will not tivity of taking or harvesting, or at- drop to the ground and the chains shall tempting to take or harvest any edible be of sufficient strength to prevent or non-edible form of fresh or salt breakaway of the towed vehicle in the water aquatic life for the purpose of event of such tow bar failure. The sale or barter. towed vehicle must be equipped with (4) Dipnet means a hand-held device brakelights, taillights, and signal for obtaining bait, the netting of which lights in accordance with applicable is fastened in a frame. State regulations. The towing vehicle (5) Guide fishing means the activity, and towed vehicle must not exceed 55 of a person, partnership, firm, corporation, or other commercial entity to feet in length. provide fishing services, for hire, to (d) Beer and alcoholic beverages. The visitors of the park. possession of beer or any alcoholic bev- (6) Minnow means a fish used for bait erage in an open or unsealed container from the family Cyprinodointidae, is prohibited, except in designated pic- Poeciliidae, or Atherinidae. nic, lodging, residence, and camping (7) Mojarra or ‘‘goats’’ means a mem- areas. ber of the family Gerreidae. [34 FR 9751, June 24, 1969, as amended at 39 (8) Oyster means a mollusk of the FR 30833, Aug. 26, 1974; 48 FR 30295, June 30, suborder Ostraeaccea. 1983; 52 FR 10686, Apr. 2, 1987] (9) Personal watercraft means a vessel powered by an outboard motor, water- § 7.44 Canyonlands National Park. jet or an enclosed propeller or impeller (a) Motorized Vehicle Use. Motorized system, where persons ride standing, vehicles are prohibited in Salt Creek sitting or kneeling primarily on or be- Canyon above Peekaboo campsite. hind the vessel, as opposed to standing or sitting inside; these craft are some- (b) [Reserved] times referred to by, but not limited [69 FR 32876, June 14, 2004] to, such terms as ‘‘wave runner,’’ ‘‘jet ski,’’ ‘‘wet bike,’’ or ‘‘Sea-doo.’’ § 7.45 Everglades National Park. (10) Pilchard means a member of the (a) Information collection. The infor- herring family (Clupeidae), generally mation collection requirements con- used for bait. tained in this section have been ap- (11) Pinfish means a member of the proved by the Office of Management genus Lagodon (family: Spiradae). and Budget under 44 U.S.C. 3501 et.seq., (d) Fishing. (1) Fishing restrictions, and assigned clearance number 1024– based on management objectives described in the park’s Resources Man- 0026. This information is being col- agement Plan, are established annually lected to solicit information necessary by the Superintendent. for the Superintendent to issue permits (2) The Superintendent may impose used to grant administrative benefits. closures and establish conditions or re- The obligation to respond is required in strictions, in accordance with proce- order to obtain a benefit. dures found at §§ 1.5 and 1.7 of this (b) Prohibited conveyances. Only hand- chapter, on any activity pertaining to propelled vessels may be operated upon fishing, including, but not limited to those areas of emergent vegetation species of fish that may be taken, sea- commonly called marshes, wetlands, or sons and hours during which fishing ‘‘the glades.’’ Operation of a motorized may take place, methods of taking, and vessel in such areas is prohibited. size, creel and possession limits. (c) Definitions. The following defini- (3) The following waters are closed to tions shall apply to this section: fishing: (1) Ballyhoo means a member of the (i) All waters of T. 58 S., R. 37 E., sec- genus Hemiramphus (family: tions 10 through 15, inclusive, meas- Exocoetidae). ured from Tallahassee meridian and

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base, in the vicinity of Royal Palm Vis- before transportation to their final des- itor Center, except Hole in the Donut tination. or Hidden Lake, and Pine Island Lake. (9) Nets and gear that are legal to use (ii) All waters in T.54 S., R. 36 E., sec- in State waters, and fish and other editions 19, 30, and 31, and in T. 55 S., R. ble or non-edible sea life that are le- 36 E., sections 6, 7, 18, 19, and 30, meas- gally acquired in State waters but are ured from Tallahassee meridian and illegal to possess in the waters of Ever- base, in the vicinity of Shark Valley glades National Park may be trans- Loop Road from Tamiami Trail south. ported through the park only over In- (4) A person engaged in guide fishing dian Key Pass, Sand Fly Pass, Rabbit must possess a guide fishing permit Key Pass, Chokoloskee Pass and across issued by the Superintendent and ad- Chokoloskee Bay, along the most di- ministered under the terms of § 1.6 of rect route to or from Everglades City, this chapter. Guide fishing without a Chokoloskee Island or Fakahatchee valid permit is prohibited. Bay. (5) Except for taking finfish, shrimp, (i) Boats traveling through these pas- bait, crabs, and oysters, as provided in sages with such nets, gear, fish, or this section or as modified under 36 other edible products of the sea must CFR 1.5, the taking, possession, or dis- remain in transit unless disabled or turbance of any fresh or saltwater weather and sea conditions combine to aquatic life is prohibited. make safe passage impossible, at which (6) Methods of taking. Except as pro- time the boats may be anchored to vided in this section, only a closely at- await assistance or better conditions. tended hook and line may be used for (ii) [Reserved] fishing activities within the park. (e) Boating. (1) The Superintendent may close an area to all motorized ves- (i) Crabbing for stone or blue crabs sels, or vessels with motors greater may be conducted using attended gear than a specified horsepower, or impose only and no more than five (5) traps per other restrictions as necessary, in ac- person. Persons using traps must re- cordance with §§ 1.5 and 1.7 of this chap- main within one hundred (100) feet of ter. those traps. Unattended gear or use of (2) For purposes of this section, a ves- more than five (5) traps per person is sel in which the motor(s) is (are) re- prohibited. moved from the gunnels or transom (ii) Shrimp, mullet, and bait fish and stored to be inoperable, is consid- (minnows, pilchards, pinfish, mojarras, ered to be not motorized. ballyhoo or bait mullet (less than eight (3) The following areas are closed to (8) inches in total length) may be taken all vessels: with hook and line, dipnet (not exceed- (i) T. 54 S., R. 36 E., sections 19, 30, 31; ing 3 feet at its widest point) or cast T. 55 S., R. 36 E., sections 6, 7, 18, 19, net, for use as bait or personal con- and 30, bordering the Shark Valley sumption. Loop Road from the Tamiami Trail (iii) A dipnet or cast net may not be south. dragged, trawled, or held suspended in (ii) Eco Pond, Mrazek Pond, Royal the water. Palm Ponds except for Hidden Lake, (7) Tagging, marking, fin clipping, Parachute Key ponds north of the Main mutilation or other disturbance to a Park Road, and Lake Chekika. caught fish, prior to release is prohib- (4) The following inland fresh water ited without written authorization areas are closed to the use of motorized from the Superintendent. vessels: Coot Bay Pond, Nine Mile (8) Fish may not be fileted while in Pond, Paurotis Pond, Sweetbay Pond, the park, except that: Big Ficus Pond, Sisal Pond, Pine Glade (i) Up to four (4) filets per person Lake, Long Pine Key Lake, Tower may be produced for immediate cook- Lake, Hidden Lake, Pine Island, and L– ing and consumption at designated 67 canal. campsites or on board vessels equipped (5) The following coastal waters, des- with cooking facilities. ignated by statute as wilderness (Pub. (ii) Fish may be fileted while at the L. 95–625), are closed to the use of mo- designated park fish cleaning facilities, torized vessels: Mud, Bear, East Fox,

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Middle Fox, Little Fox, and Gator Resource Protection Act and the Aban- Lakes; Homestead Canal; all associated doned Shipwrecks Act. small lakes on Cape Sable inland from (b) Exceptions. (1) Exceptions to pro- Lake Ingraham; Cuthbert, Henry, Lit- hibited extractive uses are limited to tle Henry, Seven Palm, Middle, Mon- bait fishing at Hurricane Hole and blue roe, Long, and the Lungs Lakes; Alli- runner (hardnose) line fishing in the gator Creek from the shoreline of Gar- area south of St. John. The Super- field Bight to West Lake; all inland intendent shall issue permits for such creeks and lakes north of Long Sound, uses. Joe Bay, and Little Madeira Bay ex- (2) Bait fishing shall be permitted cept those ponds and lakes associated with cast net at a distance greater with Taylor River. than ten feet from the seaward edge of (6) Except to effect a rescue, or un- the mangrove prop root system. less otherwise officially authorized, no (3) A maximum of three gallons of person shall land on keys of Florida baitfish is allowed per fisherman per Bay except those marked by signs de- day. noting the area open, or on the main- (4) Blue runner shall be caught using land shorelines from Terrapin Point hand lines and chum (a mixture of eastward to U.S. Highway 1, including ground up baitfish and sand to attract the shores of all inland bays and waters the fish). and those shorelines contiguous with (5) Any fish caught other than blue Long Sound, Little Blackwater Sound, runner shall be released. and Blackwater Sound. (6) Vessels involved in the catch of (7) West Lake Pond and West Lake blue runner may use moorings des- shall be closed to all vessels when they ignated for that purpose. are being used by feeding birds. At all (c) Marine Operations. No dredging, other times, these areas shall be open excavating, or filling operations of any only to hand-propelled vessels or Class kind are permitted, and no equipment, A motorboats powered by motors not structures, by-product or excavated to exceed 6 horsepower. materials associated with such oper- (8) Vessels used as living quarters ations may be deposited in or on the shall not remain in or be operated in waters or ashore within the boundaries the waters of the Park for more than 14 of the monument. days without a permit issued by the (d) Wrecks. No person shall destroy or Superintendent. Said permit will pre- molest, remove, deface, displace or scribe anchorage location, length of tamper with wrecked or abandoned wa- stay, sanitary requirements and such terborne craft of any type or condition, other conditions as considered nec- submerged cultural resources, or any essary. cargo pertaining thereto, unless per- (f) Violation of any of the provisions mitted in writing by an authorized offi- of § 7.45 is prohibited. cial of the National Park Service. (e) Boats. (1) No watercraft shall op- [59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, erate in such a manner, nor shall an- 1995, as amended at 72 FR 13706, Mar. 23, 2007] chors or any other mooring device be cast or dragged or placed, so as to § 7.46 Virgin Islands Coral Reef Na- strike or otherwise cause damage to tional Monument. any underwater feature. (a) Extractive uses. (1) All extractive (2) All watercraft, carrying pas- uses are prohibited within the bound- sengers, for hire, shall comply with ap- aries of the Monument, including, but plicable regulations and laws of the not limited to, harvest or collection of U.S. Coast Guard and Territory of the fish, coastal migratory pelagic fish, Virgin Islands. baitfish, lobsters, conch, whelk, corals, (3) Anchoring will only be permitted sponges and all associated reef inverte- in emergency situations to protect life brates, and sand, water, plants, seeds, and property. fruit, marine mammals, marine birds, (4) Anchoring shall only be permitted gas, minerals, and rocks. from 48 hours prior to landfall of the (2) All submerged cultural resources hurricane to 48 hours following passage are protected under the Archeological of the hurricane.

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(5) No lines or ropes shall be attached air in powerless flight is allowed except to mangroves or other shoreline vege- in harbors, swim beaches, developed tation. areas, and in other locations des- [68 FR 16435, Apr. 4, 2003] ignated as closed to this activity. (c) Parking. Vehicles or boat trailers, § 7.47 Carlsbad Caverns National Park. or vehicle/boat trailer combinations, may be left unattended for periods up (a) Cave entry. (1) With the exception to 7 days, when parked in parking of the regular trips into Carlsbad Cav- areas adjacent to designated boat erns under the guidance or supervision of employees of the National Park launching sites, without written per- Service, no person shall enter any cave mission obtained in advance from the or undeveloped part or passage of any superintendent. Any vehicle or boat cave without a permit. trailer or vehicle/boat trailer combina- (2) Permits. The Superintendent may tion which is left in parking areas adja- issue written permits for cave entry cent to designated boat launching sites without escort only to persons engaged in excess of 7 days without written per- in scientific or educational investiga- mission obtained in advance from the tions. The Superintendent shall ap- superintendent may be impounded by prove issuance of a permit provided: the superintendent. (i) That the investigation planned (d) Fishing. Unless otherwise des- will have demonstrable value to the ignated, fishing in a manner authorized National Park Service in its manage- under applicable State law is allowed. ment or understanding of park re- (e) The Superintendent may exempt sources, and motor vessels participating in a re- (ii) That the permit applicant is ade- gatta that has been authorized by per- quately equipped and experienced so as mit issued by the Superintendent from to ensure the protection and preserva- the noise level limitations imposed by tion of park resources. § 3.7 of this chapter. (3) Solo exploration. Solo exploration (f) Personal Watercraft. (1) A person or investigation is not permitted in may launch and operate a personal any cave or undeveloped part or pas- watercraft in park waters or beach a sageway of any cave within the park. personal watercraft on park lands, except in the following areas: [34 FR 8356, May 30, 1969, as amended at 41 (i) In the designated Primitive area FR 24123, June 15, 1976; 48 FR 30295, June 30, 1983] known as the Gypsum Beds, which is described as Arizona T31N; R20W Por- § 7.48 Lake Mead National Recreation tions of sections 2, 3, 10 and 11; and Area. (ii) In the designated Primitive area (a) Aircraft, designated airstrips. (1)(i) known as the Virgin River, which is de- The entire water surface of Lakes Mead scribed as Nevada T36N; R68E Portions and Mohave are designated landing of Sections 25, 26, 34, 35, 36; and areas, except as restricted in § 2.17 of (iii) In the designated Primitive/ this chapter. Semiprimitive area in Black Canyon, (ii) Aircraft may not be operated from the Willow Beach Harbor to Hoo- under power on those water surface ver Dam, prohibited from the first areas designated as special anchorages, Tuesday following Labor Day weekend including fairways, as defined in 33 through Friday of Memorial Day week- CFR 110.127. end; and prohibited only on Sundays (2) Temple Bar landing strip, located and Mondays from the Sunday of Me- at approximate latitude 36°01′ N., ap- morial Day weekend through the Mon- proximate longitude 114°20′ W. day of Labor Day weekend, which is de- (3) Pearce Ferry landing strip, lo- scribed as Nevada T22S; R65E Portions cated at approximate latitude 30°04′37″ of Sections 32; T23S; R65E Portions of N., approximate longitude 114°02′44″ W. Sections 5, 8, 17, 20, 21, 28, 29, 34; T231⁄2S; (4) Echo Bay landing strip located at R65E Portions of Sections 34; T23S; approximate latitude 36°19′ N., approxi- R65E Portions of Sections 1, 2, and 12. mate longitude 114°27′ W. Arizona T30N; R23W Portions of Sec- (b) Powerless flight. The use of devices tions 3, 10, 15, 22, 27, 34; T29N; R23W designed to carry persons through the Portions of Sections 2, 12, 13; T29N;

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R22W Portions of Sections 18, 19, 20, 29; (1) PWC must be operated at flat- and wake speed; (iv) In the designated Semiprimitive (2) PWC must travel perpendicular to area known as the Muddy River Con- shore; fluence with Lake Mead (Overton Wild- (3) PWC may only be operated within life Management Area), which is de- the seashore to access the following scribed as Nevada T16S; R68E Portions sound side special use areas: of Sections 28, 29, 32, 33 and 34 and T17; (i) North Core Banks: R68E; and (v) In the designated Semiprimitive Access Location area known as Grand Wash Bay, which (A) Ocracoke Wallace Channel dock to the demarcation is described as Arizona T33N; R16W Inlet. line in Ocracoke Inlet near Milepost 1. Portions of Sections 16, 17, 21, 22, 27, 28, (B) Milepost 11B Existing sound-side dock at mile post 11B 29, 33 and 34, and T321⁄2 N; R16W Por- approximately 4 miles north of Long tions of Sections 32 and 33; and Point. (C) Long Point .. Ferry landing at the Long Point Cabin (vi) In the designated Semiprimitive area. area known as Bonelli Bay, which is (D) Old Drum Sound-side beach near Milepost 19 (as described as Arizona T31N; R20W Por- Inlet. designated by signs), approximately 1⁄2 tions of Sections 4, 5, 7, 8, 9, 16, 17, 18, mile north of Old Drum inlet (adjacent to the cross-over route) encompassing ap- 19, 20, 21, 29 and 30. proximately 50 feet. (2) A person may not operate a personal watercraft at a speed in excess of (ii) South Core Banks: flat wake speed within 200 feet of any beach occupied by bathers, boats at the Access Location shoreline, or persons in the water or at (A) New Drum Sound-side beach near Milepost 23 (as the shoreline. Inlet. designated by signs), approximately 1⁄4 (3) After December 31, 2012, no one mile long, beginning approximately 1⁄2 may operate a personal watercraft that mile south of New Drum Inlet. (B) Great Island Carly Dock at Great Island Camp, near does not meet the 2006 emission stand- Access. Milepost 30 (noted as Island South Core ards set by EPA for the manufacturing Banks-Great Island on map). of two-stroke engines. A person operating a personal watercraft that meets (iii) Cape Lookout: the EPA 2006 emission standards through the use of direct-injection two- Access Location stroke or four-stroke engines, or the (A) Lighthouse A zone 300 feet north of the NPS dock at equivalent thereof, is not subject to Area North. the lighthouse ferry dock near Milepost this prohibition and will be allowed to 41. operate as described in this section. (B) Lighthouse Sound-side beach 100 feet south of the Area South. ‘‘summer kitchen’’ to 200 feet north of (4) The Superintendent may limit, re- the Cape Lookout Environmental Edu- strict, or terminate access to the areas cation Center Dock. designated for PWC use after taking (C) Power Sound-side beach at Power Squadron Spit into consideration public health and Squadron Spit. across from rock jetty to end of the spit. safety, natural and cultural resource protection, and other management ac- (iv) Shackleford Banks: tivities and objectives. Access Location [32 FR 15751, Nov. 16, 1967, as amended at 34 (A) West End Sound-side beach from Whale Creek west FR 1950, Feb. 11, 1969; 34 FR 18857, Nov. 26, Access. to Beaufort Inlet, except the area be- 1969; 36 FR 21881, Nov. 17, 1971; 38 FR 5245, tween the Wade Shores toilet facility Feb. 27, 1973; 49 FR 18450, Apr. 30, 1984; 53 FR and the passenger ferry dock. 29681, Aug. 8, 1988; 68 FR 17306, Apr. 9, 2003; 72 FR 13706, Mar. 23, 2007; 80 FR 36476, June 25, (b) The Superintendent may tempo- 2015] rarily limit, restrict or terminate access to the areas designated for PWC § 7.49 Cape Lookout National Sea- shore. use after taking into consideration public health and safety, natural and (a) Personal watercraft (PWC) may cultural resource protection, and other be operated within Cape Lookout Na- management activities and objectives. tional Seashore only under the following conditions: [71 FR 53031, Sept. 8, 2006]

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§ 7.50 Chickasaw Recreation Area. fishing, and shoreline areas near camp- (a) Fishing. Unless otherwise des- grounds. ignated, fishing in a manner authorized (3) PWC may only be launched from under applicable State law is allowed the following boat ramps: on Arbuckle Reservoir and Veterans (i) Buckhorn boat ramp. Lake. (ii) The Point boat ramp. (iii) Guy Sandy boat ramp. (b) Personal watercraft (PWC). (1) PWC (iv) Upper Guy Sandy boat ramp. may operate on Lake of the Arbuckles (4) The fueling of PWC is prohibited except in the following closed areas: (i) The Goddard Youth Camp Cove. on the water surface. Fueling is al- (ii) A 150 foot wide zone around the lowed only while the PWC is away from picnic area at the end of Highway 110 the water surface and on a trailer. known as ‘‘The Point’’, beginning at (5) The Superintendent may tempo- the buoy line on the north side of the rarily limit, restrict or terminate ac- picnic area and extending south and cess to the areas designated for PWC east into the cove to the east of the use after taking into consideration picnic area. public health and safety, natural and (iii) The cove located directly north cultural resource protection, and other of the north branch of F Loop Road. management activities and objectives. (iv) A 150 foot wide zone around the [49 FR 18451, Apr. 30, 1984, as amended at 69 Buckhorn Campground D Loop shore- FR 53640, Sept. 2, 2004] line. (2) PWC may not be operated at § 7.51 Curecanti National Recreation greater than flat wake speed in the fol- Area. lowing locations: (a) Hunting. Hunting is allowed at (i) The Guy Sandy arm north of the times and locations designated as open east/west buoy line located near Mas- for hunting. ters Pond. (b) Trapping. Trapping is allowed at (ii) The Guy Sandy Cove west of the times and locations designated as open buoy marking the entrance to the cove. for trapping. (iii) Rock Creek north of the east/ (c) Snowmobiles. Operating a snow- west buoy line at approximately mobile is allowed within the bound- 034°27′50″ North Latitude. aries of Curecanti National Recreation (iv) The Buckhorn Ramp bay, east of Area under the following conditions: the north south line drawn from the (1) That the operators and machines Buckhorn Boat Ramp Breakwater conform to the laws and regulations Dam. governing the use of snowmobiles as (v) A 150 foot wide zone along the stated in this chapter and those appli- north shore of the Buckhorn Creek arm cable to snowmobile use promulgated starting at the north end of the by the State of Colorado where they Buckhorn Boat Ramp Breakwater Dam prove to be more stringent or restric- and continuing southeast to the tive than those of the Department of Buckhorn Campground D Loop beach. the Interior. (vi) The cove south and east of (2) Designated water surface and Buckhorn Campground C and D Loops. routes. Snowmobile use is confined to (vii) The cove located east of the following water surface and routes: Buckhorn Campground B Loop and ad- (i) The frozen surface of Blue Mesa jacent to Buckhorn Campground A Reservoir; and Loop. (ii) Lake Fork Visitor Center access (viii) The second cove east of point, McIntyre Gulch access point, Buckhorn Campground B Loop, fed by Sapinero Beach access point, Dillon a creek identified as Dry Branch. Pinnacles access point, Windsurf Beach (ix) Buckhorn Creek east of the east/ access point, Elk Creek Marina, Dry west buoy line located at approxi- Creek access point, North Willow ac- mately 096°59′3.50″ Longitude, known as cess point, Old Stevens access point, the G Road Cliffs area. Iola access point, Willow Creek access (x) Within 150 feet of all persons, point, and the most direct route from docks, boat launch ramps, vessels at each of these access points to the fro- anchor, vessels from which people are zen surface of Blue Mesa Reservoir.

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(3) Identification of designated water Recreation Area off park roads under surface and routes. The designated the following conditions: water surface and routes are identified (1) Designated routes and areas. Motor on maps available at the office of the vehicle use off park roads is confined to Superintendent, Elk Creek Visitor Cen- the following routes and areas: ter, Lake Fork Visitor Center, Cim- (i) Via the access points and routes arron Visitor Center, and on the recre- listed in paragraph (c)(2)(ii) of this sec- ation area Web site. tion, directly to the frozen surface of (4) Snowmobile requirements. Snowmo- Blue Mesa Reservoir; biles are limited to a maximum of 1200 (ii) A maximum area of approxi- pounds gross vehicle weight (GVW), in- mately 958 acres of the exposed lake cluding cargo but excluding the weight bottom of Blue Mesa Reservoir between of the driver and any passenger. the high-water mark and the water of (d) Personal Watercraft (PWC). PWC the reservoir; and may operate within Curecanti National (iii) Posted designated access routes Recreation Area in the following des- through the recreation area described ignated areas and under the following and selected in the Curecanti Motor conditions: Vehicle Access Plan/Finding of No Sig- (1) PWC may operate and land on nificant Impact dated July 10, 2012. Blue Mesa Reservoir between Beaver (2) Identification of designated routes Creek and Blue Mesa dam, except that and areas. These routes and areas are PWC may not operate in the buoyed identified on Maps 6a and 6b, dated barricaded section in the vicinity of January 1, 2011, which are available at the dam. the office of the Superintendent, Elk (2) PWC must operate at ‘‘flat wake’’ Creek Visitor Center, Lake Fork Vis- speeds within Blue Mesa Reservoir in itor Center, Cimarron Visitor Center, the following areas upstream of des- and on the recreation area Web site. ignated buoys: (3) Vehicle requirements. Motor vehi- (i) Soap Creek arm at approximate cles operating off park roads must longitude 107°8′9″ N latitude 38°30′16″ W. meet the following requirements: (ii) West Elk arm at approximate (i) Wheelbase width must not exceed longitude 107°16′45″ N latitude 38°29′43″ 8 feet, 6 inches. W. (ii) Maximum gross vehicle weight (iii) Cebolla arm at approximate lon- for motor vehicle use on the frozen sur- gitude 107°12′16″ N latitude 38°27′37″ W. face of Blue Mesa Reservoir is 1800 (iv) Lake Fork arm at approximate pounds GVW, including cargo but ex- longitude 107°18′19″ N latitude 38°27′2″ cluding the weight of the driver and W. any passenger. This restricts vehicle (3) PWC must operate at ‘‘flat wake’’ use on the frozen surface to all-terrain speeds in the following areas: and utility task type vehicles. (i) Within 100′ of shoreline inside Dry (4) Speed limits. Unless otherwise Creek cove. posted, motor vehicles may not exceed (ii) Within 500′ of shoreline along old 15 miles per hour on designated off- highway 50 and Bay of Chickens. road routes and areas. (iii) Within the buoyed area around (f) Superintendent’s authority. The Su- Elk Creek and Lake Fork marinas. perintendent may open or close des- (iv) Within the buoyed area at Iola, ignated routes, water surfaces, access Stevens Creek, and Ponderosa boat points, or areas open to snowmobile, launch. PWC, or off-road motor vehicle use, or (v) From Lake city bridge east to portions thereof, or impose conditions Beaver Creek. or restrictions for snowmobile, PWC, or (vi) Within 100′ of shoreline adjacent off-road motor vehicle use after taking to Stevens Creek campground. into consideration public health and (4) PWC may only be launched from safety, natural and cultural resource designated boat launch sites. protection, and other management ac- (e) Off-road motor vehicle use. Oper- tivities and objectives. ating a motor vehicle is allowed within (1) The Superintendent will provide the boundaries of Curecanti National public notice of all such actions

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through one or more of the methods permitted on the graded, graveled listed in § 1.7 of this chapter. North Rim Drive and parking areas (2) Violating a closure, condition or from the north monument boundary to restriction is prohibited. North Rim Campground and also to the Turnaround. [49 FR 18451, Apr. 30, 1984, as amended at 49 FR 34480, Aug. 31, 1984; 71 FR 55119, Sept. 21, (2) On roads designated for snow- 2006; 78 FR 72031, Dec. 2, 2013] mobile use, only that portion of the road or parking area intended for other § 7.52 Cedar Breaks National Monu- motor vehicle use may be used by ment. snowmobiles. Such roadway is avail- (a) Snowmobiles. (1) During periods able for snowmobile use only when when snow depth prevents regular ve- there is sufficient snow cover and when hicular travel in the Monument, these roads and parking areas are snowmobiling will be permitted on the closed to all other motor vehicle use by main Monument road and parking the public. These routes will be marked areas from the south boundary to the by signs, snow poles, or other appro- north boundary and on the Panguitch priate means. Snowmobile use outside Lake road from its junction with the designated routes is prohibited. main Monument road east to the east (b) [Reserved] park boundary. In addition, the paved [49 FR 34478, Aug. 31, 1984] walkway from the Visitor Center parking lot to the Point Supreme overlook § 7.54 Theodore Roosevelt National is also open for snowmobile travel. Park. (2) On roads designated for snow- (a) Snowmobiles. (1) Designated routes mobile use, only that portion of the open to snowmobile use are the por- road or parking area intended for other tions of the Little Missouri River motor vehicle use may be used by which contain the main river channel snowmobile. Such roadway is available as it passes through both units of Theo- for snowmobile use only when the des- dore Roosevelt National Park. Ingress ignated road or parking area is closed and egress to and from the designated by snow depth to all other motor vehi- route must be made from outside the cle use by the public. These routes will boundaries of the park. There are no be marked by signs, snow poles, or designated access points to the route other appropriate means. within the park. The park Superintendent shall deter- (2) The superintendent shall determine the opening and closing dates for mine the opening and closing dates for use of designated snowmobile routes the use of designated snowmobile each year. Routes will be open to snow- routes each year, taking into consider- mobile travel when they are considered ation snow, weather and river condi- to be safe for travel but not necessarily tions. He shall notify the public by free of safety hazards. posting of appropriate signs at the (3) Snowmobile use outside des- main entrance to both units of the ignated routes is prohibited. This pro- park. The superintendent may, by the hibition shall not apply to emergency posting of appropriate signs, require administrative travel by employees of persons to register or obtain a permit the National Park Service or its con- before operating any snowmobiles tractors or concessioners or law en- within the park. The operation of forcement agencies. snowmobiles shall be in accordance (b) [Reserved] with State laws in addition to the Na- tional Park Service regulations. [49 FR 29375, July 20, 1984] (b) [Reserved] § 7.53 Black Canyon of the Gunnison [49 FR 34479, Aug. 31, 1984] National Monument. (a) Snowmobiles. (1) During periods § 7.55 Lake Roosevelt National Recre- when snow depth prevents regular ve- ation Area. hicular travel to the North Rim of the (a) Hunting. Hunting is allowed at Monument, as determined by the su- times and locations designated as open perintendent, snowmobiling will be for hunting.

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(b) Aircraft. Float planes may be op- to the gate at Penobscot Mountain erated on Lake Roosevelt on those Parking Area) and connecting roads as waters not administered by Indians as follows: Paradise Hill Road (Visitor part of the Indian Zone, i.e., mid-chan- Center to Junction Park Loop Road); nel to the shore of the non-Indian side Stanley Brook Road; Ledgelawn Exten- of the Lake. A map showing the waters sion Road; Sieur de Monts (gate to where aircraft may be operated will be Loop Road); West Street; Cadillac available in the office of the super- Mountain Summit Road; entrance intendent. roads to Wildwood Stable. (c) Personal Watercraft (PWC). (1) (2) Portions of Carriage Paths as fol- PWCs are allowed on the waters within lows: A section of Carriage Path 1.8 Lake Roosevelt National Recreation miles in length from the parking area Area except in the following areas: at the north end of Eagle Lake down (i) Crescent Bay Lake. the east side of the lake to connection (ii) Kettle River above the Hedlund with Park Loop Road at Bubble Pond Bridge. Rest Area. A section of Carriage Path (2) Launch and retrieval of PWC are 0.6 miles in length from Wildwood Sta- permitted only at designated launch ble to connection with Park Loop Road ramps. Launching and retrieval of PWC south of the entrance road to Penob- at Napoleon Bridge launch ramp is pro- scot Mountain Parking Area. hibited. (3) Hio Truck Road from Seawall (3) PWC may land anywhere along Campground north to State Route 102. the shoreline except in designated (4) The paved camper access roads swimming areas. within Seawall Campground. (4) PWC may not be operated at (5) Marshall Brook Truck Road from greater than flat-wake speeds in the Seal Cove Road to Marshall Brook. following locations: (6) Seal Cove Road from Park Bound- (i) Upper Hawk Creek from the wa- ary in Southwest Harbor to State terfall near the campground through Route 102 in Seal Cove. the area known as the ‘‘narrows’’ to (7) Western Mountain Road from the confluence of the lake, marked by Park Boundary west of Worcester ‘‘flat wake’’ buoy(s). (ii) Within 200 feet of launch ramps, Landfill to Seal Cove Pond. marina facilities, campground areas, (8) The two crossroads connecting water skiers, beaches occupied by Western Mountain Road and Seal Cove swimmers, or other persons in the Road. water. (9) Long Pond Truck Road including (iii) The stretch of the Spokane Arm Spur Road to Pine Hill. from 200 feet west of the Two Rivers (10) Lurvey Spring Road from Junc- Marina on the downstream end, to 200 tion with Long Pond Road in South- feet east of the Fort Spokane launch west Harbor to intersection with Echo ramp on the upstream end, above the Lake Beach Road. vehicle bridge. (11) The Echo Lake Entrance Road (5) The Superintendent may tempo- from State Route 102 to Echo Lake rarily limit, restrict or terminate ac- Beach Parking Area. cess to the areas designated for PWC [48 FR 1195, Jan. 11, 1983] use after taking into consideration public health and safety, natural and § 7.57 Lake Meredith National Recre- cultural resource protection, and other ation Area. management activities and objectives. (a)(1) What terms do I need to know? In [49 FR 18451, Apr. 30, 1984, as amended at 69 addition to the definitions found in § 1.4 FR 35526, June 25, 2004] of this chapter, the following definition applies to this § 7.57 only. § 7.56 Acadia National Park. All-terrain vehicle or ATV means a (a) Designated Snowmobile Routes. The motor vehicle that is: designated routes for snowmobile shall (i) Equipped with a seat or seats for be: the use of the rider and a passenger, if (1) Park Loop Road (except section the motor vehicle is designed by the from Stanley Brook intersection north manufacturer to transport a passenger;

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(ii) Designed to propel itself with mits are valid on the day designated on three or more tires in contact with the the permit. ground; (iv) A permit applicant must ac- (iii) Designed by the manufacturer knowledge in writing that he or she un- for off-highway use; derstands the rules governing off-road (iv) Not designed by the manufac- vehicle use in the recreation area. turer primarily for farming or lawn (v) Each motor vehicle permitted to care; and operate off roads must display an NPS (v) Not more than 50 inches wide. decal issued by the superintendent. The (2) Off-road motor vehicle use. Oper- NPS decal must be affixed to the vehi- ating a motor vehicle is allowed within cle in a manner and location specified the boundaries of Lake Meredith Na- by the superintendent. tional Recreation Area off roads under the conditions in this paragraph (a). (vi) Permits may be requested from (3) Permit requirement. (i) A special the recreation area headquarters in use permit issued and administered by Fritch, Texas, or on the recreation the superintendent is required to oper- area Web site. ate a motor vehicle off roads at des- (4) Designated locations. (i) The oper- ignated locations in the recreation ation of a motor vehicle off roads with- area. There is no limit to the number in the recreation area is prohibited ex- of permits that the Superintendent cept at the locations designated by this may issue. paragraph (a). Designated locations are (ii) The NPS charges a fee to recover identified on maps available at the the costs of administering the special recreation area headquarters and on use permits. Permit applicants must the recreation area Web site, and are pay the fee charged by the NPS in marked on the ground with signs, order to obtain a special use permit. posts, or cables. (iii) Annual permits are valid for the (ii) Permitted motor vehicles may be calendar year for which they are used off roads at the following loca- issued. Three-day permits are valid on tions at Blue Creek, an area at the the day designated on the permit and northern end of the recreational area the following two days. One-day per- that empties into Lake Meredith:

Designated locations for off-road motor vehicle use Part of a management zone?

Blue Creek Approximately 133.5 acres on the river bottom ...... Low Speed Zone (partial overlap). Approximately one linear mile of routes and access points to the river bottom No.

(iii) Permitted motor vehicles may dian River at the southern end of the be used off roads at the following loca- recreation area: tions at Rosita, an area of the Cana-

Designated locations for off-road motor vehicle use Part of a management zone?

Rosita ...... Approximately 170.2 acres south of the Canadian River (currently No. denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area. Approximately 65.2 acres south of the Canadian River and on the Hunting Zone (complete overlap). east side of Bull Taco Hill. Approximately 119.3 acres on the river bottom ...... Resource Protection Zone (partial overlap). Approximately 15.1 linear miles of routes and access points to the Resource Protection Zone (partial overlap). river bottom. Hunting Zone (complete overlap). Approximately one linear mile of routes south of the Canadian Beginner Zone (complete overlap). River near HWY 287.

(5) Management zones. Some of the manage this activity. These zones are designated locations for off-road motor identified on maps available at head- vehicle use enter into or abut one or quarters and on the recreation area more management zones that further

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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 beginner operators of off-road vehicles only ...... Rosita. Camping Zone ...... Speed limit: 15 mph (unless otherwise posted). Off-road vehicles may only be used to access the campground; recreational use Rosita. prohibited. Blue Creek. 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 used only for hunting during the Texas general white- Rosita. tailed deer season. Low-Speed Zone ...... Speed limit: 15 mph (unless otherwise posted). Located approximately 1⁄2 mile on either side of the FM 1913 bridge ...... Blue Creek. Resource Protection Zone .. Off-road vehicles with a wheel width greater than 65 inches are prohibited ...... Rosita.

(6) Camping at Blue Creek and Rosita. hicle is stopped. This whip must have a Camping is prohibited in designated solid red or orange safety flag with a ORV areas, routes, and access points minimum size of six inches by twelve and within 100 feet of these locations, inches that is attached no more than except for marked camping zones ten inches from the top of the whip. where camping is allowed in or next to Flags must have a pennant, triangle, a motor vehicle, including a tent trail- square, or rectangular shape. er, RV, or van. (viii) A motor vehicle must display (7) Operational and vehicle require- lighted headlights and taillights during ments. The following requirements the period from one-half hour before apply to the use of motor vehicles off sunset to one half hour after sunrise. roads in the recreation area: (ix) Motor vehicles must have a func- (i) At Rosita, operating a motor vehi- tioning muffler system. Motor vehicles cle in an isolated pool of water that is that emit more than 96 decibels of not connected to or touching flowing sound (using the SAE J1287 test stand- water is prohibited. ard) are prohibited. (ii) Operating a motor vehicle on (x) Operating a motor vehicle with a vegetation is prohibited. wheel width greater than 65 inches in a (iii) Glass containers are prohibited Resource Protection Zone is prohib- in designated areas, routes, and access ited. points, and in camping zones. (8) Prohibited acts. Violating any pro- (iv) Operating a motor vehicle in ex- vision of this paragraph (a), including cess of 35 mph (unless otherwise post- the special restrictions for each man- ed) on designated routes and access agement zone, or the terms, conditions, points at Blue Creek and Rosita is pro- or requirements of an off-road vehicle hibited. permit is prohibited. A violation may (v) Operating a motor vehicle in ex- also result in the suspension or revoca- cess of the speed limits identified in tion of the applicable permit by the su- paragraph (a)(5) (unless otherwise post- perintendent. ed) in specific management zones is (9) Superintendent’s authority. The su- prohibited. perintendent may open or close des- (vi) Operating a motor vehicle in ex- ignated areas, routes, or access points cess of 55 mph (unless otherwise post- to motor vehicle use, or portions there- ed) in the designated areas that are not of, or impose conditions or restrictions part of a Low-Speed Zone on the river for off-road motor vehicle use after bottoms at Blue Creek and Rosita is taking into consideration public health prohibited. and safety, natural and cultural re- (vii) All ATVs must be equipped with source protection, and other manage- a whip—a pole, rod, or antenna—that is ment activities and objectives. The su- securely mounted on the vehicle and perintendent will provide public notice stands upright at least eight feet from of all such actions through one or more the surface of the ground when the ve- of the methods listed in § 1.7 of this

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chapter. Violating any such closure, (3) The Superintendent may tempo- condition, or restriction is prohibited. rarily limit, restrict or terminate ac- (b) Safety Helmets. The operator and cess to the areas designated for PWC each passenger of a motorcycle shall use after taking into consideration wear a safety helmet while riding on a public health and safety, natural and motorcycle in an off-road area des- cultural resource protection, and other ignated in paragraph (a) of this section. management activities and objectives. (c) Powerless flight. The use of devices (h) Bicycling. (1) The Superintendent designed to carry persons through the may designate for bicycle use routes or air in powerless flight is allowed except portions of routes in the following sec- in locations designated as closed to tions of the park’s multi-use rec- this activity. The superintendent may reational trail: designate times and locations where (i) Harbor Bay-Fritch Canyon area such activity is allowed only under the (approximately 5.7 miles); terms and conditions of a permit. (d) Fishing. Unless otherwise des- (ii) Harbor Bay Short-Creek area (ap- ignated, fishing in a manner authorized proximately 3.3 miles); under applicable State law is allowed. (iii) Short Creek-South Turkey Creek (e) Hunting. Hunting is allowed at area (approximately 2.8 miles); times and locations designated as open (iv) South Turkey Creek area (ap- for hunting. proximately 4.4 miles); and (f) Trapping. Trapping is allowed at (v) Fritch Fortress area (approxi- times and locations designated as open mately 5.2 miles). for trapping. (2) Designation of bicycle routes or (g) Personal watercraft (PWC). (1) PWC portions of routes shall be imple- may operate on Lake Meredith except mented with a written determination in the following closed areas: stilling that the route is open for public use basin below Sanford Dam, within 750 and that such bicycle use is consistent feet of the Sanford Dam intake tower, with the protection of the park area’s and on the waters of the Canadian natural, scenic and aesthetic values, River. safety considerations and management (2) PWC may operate on Lake Mere- objectives, and will not disturb wildlife dith under the following conditions: or park resources. Notice may be pro- (i) Fueling of PWC is prohibited on vided by posting signs and identifying the lake, except at the marina fuel routes on maps which shall be avail- dock with an attendant providing the able in the office of the Superintendent fuel service, or onshore and out of the and on the park’s Web site. water. (3) The Superintendent may open or (ii) Carrying of fuel in an external or close designated bicycle routes, or por- portable container onboard a PWC is tions thereof, or impose conditions or prohibited. restrictions for bicycle use after taking (iii) PWC may only be launched at designated launch sites established by into consideration public health and the Superintendent in accordance with safety, natural and cultural resource 36 CFR 1.5 and 1.7. protection, carrying capacity, and (iv) PWC may not operate at greater other management activities and ob- than flat wake speed in the following jectives. designated areas: North Turkey Creek, (i) The Superintendent will provide Bugbee Canyon, North Canyon, North public notice of all such actions Cove, South Canyon, Sexy Canyon, through one or more of the methods Amphitheater Canyon, the coves be- listed in § 1.7 of this chapter. tween day markers 9 and 11, Fritch (ii) Violating a closure, condition, or Canyon, Short Creek, Evans Canyon restriction is prohibited. and Canal Canyon. Flat wake areas are [36 FR 14694, Aug. 10, 1971, as amended at 40 designated by buoys marked with ‘‘flat FR 762, Jan. 3, 1975; 48 FR 30295, June 30, 1983; wake’’ or other similar markings. The 49 FR 18451, Apr. 30, 1984; 52 FR 10686, Apr. 2, location of those buoys may be ad- 1987; 69 FR 30223, May 27, 2004; 72 FR 13706, justed by the Superintendent based on Mar. 23, 2007; 79 FR 15696, Mar. 21, 2014; 80 FR reservoir water levels. 55264, Sept. 15, 2015]

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§ 7.58 Cape Hatteras National Sea- (9) Hunting on Ocracoke Island will shore. be permitted and managed in the same (a) Hunting. (1) Lands within the Sea- manner as Hatteras Island. shore on which hunting is legally per- (10) ‘‘Jump shooting’’ of waterfowl mitted are designated as follows: will be permitted only on Hatteras and (i) Ocracoke Island, except Ocracoke Ocracoke Islands and is prohibited village. within 300 yards of any blind. (ii) Hatteras Island, 500 acres, in (11) Properly licensed and authorized three disconnected strips 250 feet wide guides may provide hunting guide serv- measuring eastward from mean high ice within the designated hunting areas water mark on Pamlico Sound between in the Seashore. They will not be per- villages of Salvo and Avon and Buxton, mitted to solicit business within the and between Frisco and Hatteras. boundaries of the Seashore and all ar- (iii) Bodie Island, 1,500 acres, between rangements with hunters must be made high water mark of Roanoke Sound outside of those boundaries. Guides and a line 2,000 feet west of and parallel will be required to possess a North to U.S. Highway 158, and from the Carolina State guide license and to ful- north dike of the Goosewing Club prop- fill all requirements and conditions im- erty on the north to the north bound- posed by that license. Fees charged by ary of the Dare County tract on the guides must be approved in advance by south. the Superintendent. Each guide must (2) Seashore lands on which hunting also possess a permit issued by the Su- is not permitted will be posted accord- perintendent which authorizes him to ingly. guide hunters within the Seashore and (3) This hunting plan will be adminis- the amount of the fees which he may tered and enforced by the National charge. Park Service, through the Service’s au- (12) Guides shall have no permanent thorized local representative, the Su- or seasonal blind rights within the Sea- perintendent of the Seashore, herein- shore and no special privileges other after referred to as the Superintendent. than those specified in this section. (4) The State of North Carolina will (13) At 5:00 a.m. each morning the assist in the enforcement of applicable day of hunting a drawing for blind as- State and Federal hunting laws and signments will be conducted at the otherwise in carrying out this plan. check-out station. Advance reserva- (5) Hunting will be restricted to wa- tions for permission to draw will be ac- terfowl. Season length, opening and cepted through the United States mail closing dates, bag limits and species of only. Reservations postmarked prior to waterfowl which may be taken will be 12:01 a.m. of September 25 will not be in accordance with the rules and regu- accepted. The postmark date and hour lations issued by the North Carolina will establish and govern the priority Wildlife Resources Commission and the of drawing. Maximum reservation by U.S. Fish and Wildlife Service. any person shall be three (3) consecu- (6) Hunting privileges will be free for tive days in any week, Monday through all hunters possessing a North Carolina Saturday, and limited to a total of six State hunting license and Federal mi- (6) days during the season. Reserva- gratory bird hunting stamp. tions shall have priority over nonres- (7) Permanent blinds will be con- ervations at drawing time. In the event structed exclusively by the Seashore a reservation is to be canceled, the Su- and these will be built only on Bodie perintendent shall be informed by the Island. Setting up and use of tem- party prior to drawing time for the porary or portable blinds by hunters date or dates of the reservation. will be permitted on Hatteras and (14) The first departure from a blind Ocracoke Islands. by a person terminates his hunting (8) Minimum distance between blinds privilege within Bodie Island for that on Seashore land and ponds within the day and the blinds may be reassigned designated hunting areas will be 300 by the Superintendent, Cape Hatteras yards unless other conditions, such as National Seashore Recreational Area, natural screening, justify a shorter dis- or his duly authorized representative, tance. for use by others later the same day.

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Vacating parties must check out and will be issued on an annual basis com- furnish information regarding their mencing on October 1st of each year. take at the checking station on Bodie (2) Commercial fishing permit required. Island located near the north boundary A commercial fishing permit is re- of the hunting area. quired before engaging in commercial (15) Hunters and guides shall provide fishing from the seashore beaches. their own decoys and are required to (3) Permits. Commercial fishing per- leave the blind which they used in a mits may be issued by the Super- clean, sanitary and undamaged condi- intendent or his authorized representation. tive limited to individuals meeting the (16) All hunters taking banded fowl following criteria of eligibility: shall turn in the bands at the check- (i) A legal resident of an established out station. village. (17) Details of this plan, interpreta- (ii) Possession of a valid North Caro- tions and further information regard- lina commercial fishing license or ening it will be published in local news- gagement in a joint commercial fishing papers and issued in circular form free venture with a North Carolina com- to all interested persons. mercial fishing licensee. (18) Access to blinds will be by designated foot trails. Vehicles will not be The permit shall be carried at all times permitted to drive to the blind sites. while engaged in commercial fishing (19) Trained dogs will be permitted and shall be displayed upon request by for retrieving providing they are kept the Superintendent or his representa- under restraint by the hunter. tive. When two or more individuals en- (20) Blinds will be limited to two per- gage in a joint commercial fishing ven- sons without a guide and three includ- ture involving a splitting of profits or ing the guide. Only two guns will be any other assumption of proprietary permitted in each blind. interests, each individual must qualify (21) All other regulations will be in for and have a commercial fishing per- accordance with the North Carolina mit. An employee hired by a permittee State and Federal migratory bird hunt- for a specific wage with no financial ining laws. terest in the activity need not have a permit. (b) Definitions. As used in this section: (4) Revocation of permit. The Super- (1) Definitions. As used in this part: intendent may revoke the commercial (i) Seashore. Cape Hatteras National fishing permit of any permittee who Seashore. ceases to meet the criteria of eligibility set forth in paragraph (c)(3) of (ii) Legal resident of an established vil- this section or who violates any Gen- lage. An individual (excluding a cor- eral, Special, or other related regula- poration, partnership, or other artifi- tion governing activities at the Sea- cial person) having domicile in one of shore. the following Outer Banks villages referred to in section 1 of the Act of Au- (5) Beach sanitation and conservation gust 17, 1937 (50 Stat. 669): of aquatic life. Notwithstanding any General Regulation of the National Corolla, Duck, Kitty Hawk, Kill Devil Park Service to the contrary, all fish- Hills, Collington, Nags Head, Manteo, ermen, commercial and sport, landing Wanchese, Rodanthe, Waves, Salvo, Avon, fish on the Seashore by any method Buxton, Frisco, Hatteras, Ocracoke. and not using such fish because of size, (iii) Commercial fishing. All operations edible quality, or other reason, shall preparatory to, during, and subsequent immediately release and return such to the taking of fish by any means if a fish alive in the waters from which primary purpose of the taking is to sell taken. No dead fish or part thereof may fish. be left on any shore, beach, dock, pier, (iv) Commercial fishing permit. Written fish cleaning table or thrown back into revocable authorization, issued by the the waters, but must be disposed of Superintendent to an eligible indi- only at points or places designated for vidual, to engage in commercial fishing the disposal thereof or removed from from the Seashore beaches. The permit the seashore area.

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(6) Sport-fishing Zone. A zone is estab- (iv) ORV permits are valid for the lished for the protection and enhance- dates specified on the permit. The pub- ment of recreational sport-fishing com- lic will be notified of any changes to mencing at Beach Access Ramp No. 22 ORV permit durations through one or and continuing south and west along more of the methods listed in § 1.7(a) of the ocean shore, including Cape Point this chapter. (Cape Hatteras), to Beach Access Ramp (v) In order to obtain a permit, an ap- No. 30. Within this zone commercial plicant must comply with vehicle and fishing, as specified in the Act of Au- equipment requirements, complete a gust 17, 1937 (50 Stat. 669), is permitted, short education program in a manner except between the hours of 12:01 a.m. and location specified by the Super- on Saturday to 11:59 p.m. on Sunday intendent, acknowledge in writing an from October 1 through April 30, com- understanding of the rules governing mercial fishermen are not permitted to ORV use at the Seashore, and pay the haul seines or nets onto the beach permit fee. within the Zone. (vi) Each permit holder must affix (c) Off-road motor vehicle use—(1) Defi- the proof of permit, in a manner and nitions. In addition to the definitions location specified by the Super- found in § 1.4 of this chapter, the fol- intendent, to the vehicle covered by lowing terms apply in this paragraph the permit for use off-road. (c): (3) Vehicle and equipment requirements. ORV means a motor vehicle used off The following requirements apply for of park roads (off-road), subject to the driving off-road: vehicle requirements, prohibitions, and (i) The vehicle must be registered, li- permitting requirements described in censed, and insured for highway use this paragraph (c). and must comply with inspection requirements for the state, country, or ORV corridor means the actual phys- province where the vehicle is reg- ical limits of the designated ORV route istered. in the Seashore. On the landward side, (ii) The vehicle may have no more the ORV corridor on Seashore beaches than two axles. will be marked when possible by posts (iii) A towed boat or utility trailer that are located seaward of the toe of may have no more than two axles. the dune or the vegetation line. On the (iv) Vehicle tires must be listed or seaward side, the corridor runs to the approved by the U.S. Department of water line, which will not be marked Transportation. by posts unless necessary. Where the (v) The vehicle must carry a low- ocean beach is at least 30 meters wide pressure tire gauge, shovel, jack, and above the high tide line, the landward jack support board. side of the corridor will be posted at (4) Vehicle inspection. Authorized per- least 10 meters seaward of the toe of sons may inspect the vehicle to deter- the dune. mine compliance with the require- (2) ORV permits. ORV permits are a ments of this paragraph (c). form of NPS special park use permits, (5) Certain vehicles prohibited. The off- which are issued and administered by road operation of a motorcycle, all-ter- the Superintendent and for which the rain vehicle (ATV), or utility vehicle NPS charges a fee to recover its admin- (UTV) is prohibited. istrative costs. (6) Travel trailers prohibited. The tow- (i) A permit issued by the Super- ing of a travel trailer (i.e., a trailer intendent is required to operate a vehi- with sleeping or bathroom facilities) cle on designated ORV routes at the off-road is prohibited. Seashore. (7) Special-use permits for off-road driv- (ii) Operation of a motor vehicle au- ing, temporary use. Special-use permits thorized under an ORV permit is lim- issued under this paragraph are subject ited to those routes designated in this to resource, safety, and other closures paragraph (c). implemented under § 7.58(c)(10), and (iii) There is no limit to the number may only be used in a manner con- of ORV permits that the Super- sistent with the terms and conditions intendent may issue. of the permit. The Superintendent may

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issue a special-use permit for tem- ject to a resource closure or is not a porary off-road vehicle use to: lifeguarded beach. (i) Authorize the North Carolina De- (ii) An authorization under this para- partment of Transportation to use Sea- graph may allow off-road driving be- shore beaches as a public way, when ginning at 5 a.m. on days when night- necessary, to bypass sections of NC driving restrictions are in effect, to set Highway 12 that are impassable or or tend haul seine or gill nets, only if closed for repairs; the permit holder is carrying and able (ii) Allow participants in regularly to present a fish-house receipt from the scheduled fishing tournaments to drive previous 30 days. in an area if driving was allowed in (9) ORV routes. The following tables that area for that tournament before indicate designated ORV routes. The January 1, 2009; or (iii) Allow vehicular transport of mo- following ramps are designated for off- bility impaired individuals via the road use to provide access to ocean shortest, most direct distance from the beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, nearest designated ORV route or Sea- 44, 48, 49, 55, 59, 63, 67, 68, 70, and 72. shore road to a predetermined location Designated ORV routes and ramps are in a beach area in front of a village subject to resource, safety, seasonal, that is not otherwise open to ORV use. and other closures implemented under (8) Commercial fishing vehicles. The § 7.58(c)(10). Soundside ORV access Superintendent, when issuing a com- ramps are described in the table below. mercial fishing permit, may authorize For a village beach to be open to ORV the holder, when actively engaged in use during the winter season, it must authorized commercial fishing, to oper- be at least 20 meters (66 feet) wide from ate a vehicle off-road. the toe of the dune seaward to mean (i) An authorization under this para- high tide line. Maps showing des- graph may allow off-road driving on a ignated routes and ramps are available beach not otherwise designated for in the Office of the Superintendent and ORV use, only if the beach is not sub- on the Seashore Web site.

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 Sta- tion 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)

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When is the route open? Where is the route located?

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 North Carolina traffic laws that would Superintendent will temporarily limit, apply if the operator were operating restrict, or terminate access to routes the vehicle on a North Carolina high- or areas designated for off-road use way. based on one or more of the following (ii) In addition to the requirements of criteria: Part 4 of this chapter, the following re- (A) Public health and safety; strictions apply: (B) Vehicle carrying capacity and (A) A vehicle operator must yield to other ORV management consider- pedestrians on all designated ORV ations; routes. (C) Natural and cultural resource (B) When approaching or passing a protection; pedestrian on the beach, a vehicle oper- (D) Applicable species management ator must move to the landward side to strategies including buffer distances; yield the wider portion of the ORV cor- or ridor to the pedestrian. (E) Desired future conditions for (C) A vehicle operator must slow to 5 threatened, endangered, state-listed, mph when traveling within 30.5 meters and special status species. (100 feet) or less of pedestrians at any (ii) The Superintendent will conduct location on the beach at any time of periodic reviews of the criteria for and year. results of these closures to assess their (D) An operator may park on a des- effectiveness. The public will be noti- ignated ORV route, but no more than fied of such closures through one or one vehicle deep, and only as long as more of the methods listed in § 1.7(a) of the parked vehicle does not obstruct this chapter. Violation of any closure two-way traffic. is prohibited. (E) When driving on a designated (iii) The Superintendent will remove route, an operator must lower the vehi- or relax closures based on the same cri- cle’s tire pressure sufficiently to main- teria used for closure. tain adequate traction within the post- (11) Rules for Vehicle Operation. (i) ed speed limit. Notwithstanding the definition of (F) The speed limit for off-road driv- ‘‘Public Vehicular Area’’ (PVA) in ing is 15 mph, unless otherwise posted. North Carolina law, the operator of (12) Hours of Operation/Night-Driving any motor vehicle anywhere in the Restrictions. (i) Hours of operation and Seashore, whether in motion or parked, night-driving restrictions are listed in must at all times comply with all 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.

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HOURS OF OPERATION/NIGHT DRIVING RESTRICTIONS—Continued

When are the restrictions in place? Where are the restrictions in place?

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 (1) The trail from County Road 73 Superintendent and on the Seashore’s (near the Grand Portage Trading Post) Web site will show routes closed due to which moves across the Grand Portage night-driving restrictions, and routes to County Road 17 near the Catholic or portions of the routes the Super- Church. intendent opens because there are no (2) The powerline right-of-way road turtle nests remaining. from Country Road 73 which moves (13) Vehicle carrying capacity. The across the Grand Portage Trail. maximum number of vehicles allowed (3) The logging road which moves on any ORV route, at one time, is the across the Grand Portage Trail in NE length of the route (or, if part of the 1⁄4, SE 1⁄4, Section 32, T64N, R6E. route is closed, the length of the por- (4) Abandoned Highway 61 which tion of the route that is open) divided moves across the Grand Portage Trail. by 6 meters (20 feet). (5) The logging road which moves (14) Violating any of the provisions of across the Grand Portage Trail in SE this paragraph, or the terms, condi- 1⁄4, NW 1⁄4, Section 25, T64N, R5E. tions, or requirements of an ORV or (b) Fishing. Unless otherwise des- other permit authorizing ORV use is ignated, fishing in a manner authorized prohibited. A violation may also result under applicable State law is allowed. in the suspension or revocation of the [47 FR 45005, Oct. 13, 1982, as amended at 49 applicable permit by the Super- FR 18451, Apr. 30, 1984] intendent. (15) Information Collection. As re- § 7.60 Herbert Hoover National His- quired by 44 U.S.C. 3501 et seq., OMB has toric Site. approved the information collection re- (a) Snowmobiles. After consideration quirements contained in this para- of existing special situations, i.e., graph. The OMB approval number is depth of snow, and depending on local 1024–0026. NPS is collecting this infor- weather conditions, the Super- mation to provide the Superintendent intendent may permit the use of snow- data necessary to issue ORV special- mobiles on the shoulder of the paved use permits. The information will be motor road known as Parkside Drive used to grant a benefit. The obligation between Main Street of West Branch, to respond is required in order to ob- Iowa and Interstate Highway 80, which tain the benefit in the form of the ORV is used by motor vehicle traffic during permit. other seasons in conformance with [24 FR 11052, Dec. 30, 1959, as amended at 38 State law. FR 33081, Nov. 30, 1973; 40 FR 4135, Jan. 28, [47 FR 54933, Dec. 7, 1982] 1975; 40 FR 56888, Dec. 5, 1975; 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, 1987; 77 FR § 7.61 Fort Caroline National Memo- 3142, Jan. 23, 2012; 81 FR 93604, Dec. 21, 2016] rial. § 7.59 Grand Portage National Monu- (a) Fishing. Fishing is prohibited ment. within the Memorial. (a) Snowmobiles. After consideration [26 FR 3363, Apr. 20, 1961, as amended at 32 of existing special situations, i.e. depth FR 16213, Nov. 28, 1967] of snow, and depending on local weather conditions, the superintendent may § 7.62 Lake Chelan National Recre- permit the use of snowmobiles on the ation Area. following designated routes within the (a) Snowmobiles. After consideration National Monument: of existing special situations, i.e.,

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depth of snow, and depending on local (5) Be detectable by the public by weather conditions, the superintendent sight, sound, or odor from a road open may designate as open to the use of to public travel. snowmobiles the following locations [49 FR 18451, Apr. 30, 1984, as amended at 49 within the Lake Chelan National FR 19652, May 9, 1984; 54 FR 48869, Nov. 28, Recreation Area: 1989; 80 FR 74990, Dec. 1, 2015] (1) All open areas, designated trails and roadways on public land below the § 7.63 Dinosaur National Monument. 1320-foot contour line within the (a) Commercial hauling. Ranchers and Stehekin Valley, except cross-country stockmen owning, leasing or renting ski trails and within the perimeter of private lands, or holding grazing per- the Buckner Orchard. Snowmobile use mits issued by the Bureau of Land on open public lands or designated Management on designated grazing allotments adjacent to the Artesia En- trails will be limited to permanent, trance Road, Blue Mountain Road, and year-round residents of the Stehekin Deerlodge Park Road, are authorized to Valley. use these roads for trucking or hauling (2) That portion of the Stehekin Val- ranching and agricultural supplies and ley Road normally open to use by materials, including livestock, for use motor vehicles from the 1320-foot con- in normal ranching and stock growing tour line to the park boundary. operations. (b) Aircraft. The following are des- (b) Stock grazing. (1) Privileges for the ignated as locations where the oper- grazing of domestic livestock based on ation of aircraft is allowed: authorized use of certain areas at the (1) The entire water surface of Lake time of approval of the act of Sep- Chelan. tember 8, 1960 (74 Stat. 857, Pub. L. 86– (2) The Stehekin landing field, lo- 729), shall continue in effect or shall be cated at approximate latitude 48°21′ N, renewed from time to time, except for approximate longitude 120°43′ W. failure to comply with such terms and conditions as may be prescribed by the (c) Weapons. The following location is Superintendent in these regulations designated for target practice between and after reasonable notice of default the hours of sunrise and sunset, subject and subject to the following provisions to all applicable Federal, State, and of tenure: 1 local laws: in the SE ⁄4 of sec. 8, T. 33 (i) Grazing privileges appurtenant to N., R. 17 E., WM, approximately 100 privately owned lands located within yards east of mile point 7 on the the Monument shall not be withdrawn Stehekin Valley Road, a converted bor- until title to the lands to which such row pit. privileges are appurtenant shall have (d) Solid waste disposal. A solid waste vested in the United States except for transfer station located near Stehekin failure to comply with the regulations within the boundary of Lake Chelan applicable thereto after reasonable no- National Recreation Area must comply tice of default. with all provisions in 36 CFR part 6, ex- (ii) Grazing privileges appurtenant to cept it may: privately owned lands located outside (1) Accept solid waste generated the Monument shall not be withdrawn within the boundary of the park unit for a period of twenty-five years after that was not generated by National September 8, 1960, and thereafter shall Park Service activities; continue during the lifetime of the original permittee and his heirs if they (2) Be located within one mile of a were members of his immediate family campground or a residential area; as described herein except for failure to (3) Be visible by the public from sce- comply with the regulations applicable nic vistas or off-trail areas in des- thereto after reasonable notice of de- ignated wilderness areas; fault. (4) Be detectable by the public by (iii) Members of the immediate fam- sound from a campground; and ily are those persons who are related to and directly dependent upon a person or persons, living on or conducting

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grazing operations from lands, as of granted total nonuse on a year to year September 8, 1960, which the National basis not to exceed three consecutive Park Service recognized as base lands years. Total nonuse beyond this time appurtenant to grazing privileges in may be granted if necessitated for rea- the monument. Such interpretation ex- sons clearly outside the control of the cludes mature children who, as of that permittee. Total unauthorized nonuse date, were established in their own beyond three consecutive years will re- households and were not directly de- sult in the termination and loss of all pendent upon the base lands and appur- grazing privileges. tenant grazing recognized by the Na- (ii) Whenever partial or total non-use tional Park Service. is desired an application must be made (iv) If title to base lands lying out- in writing to the Superintendent. side the monument is conveyed, or (5) Grazing fees shall be the same as such base lands are leased to someone those approved for the Bureau of Land other than a member of the immediate Management and will be adjusted ac- family of the permittee as of Sep- cordingly. tember 8, 1960, the grazing preference (6) Permittees or nonpermittees who shall be recognized only for a period of have stock on Federal lands within the twenty-five years from September 8, monument at any time or place, when 1960. or where herding or grazing is unau- (v) If title to a portion or part of the thorized may be assessed fifty cents per base land either outside or inside the day per cow or horse and ten cents per monument is conveyed or such base day per sheep as damages. lands are leased, the new owner or les- (7) The Superintendent may accept a see will take with the land so acquired written relinquishment or waiver of or leased after September 8, 1960, such any privileges; however, no such relin- proportion of the entire grazing privi- quishment or waiver will be effective leges as the grazing capacity in animal without the written consent of the unit months of the tract conveyed or owner or owners of the base lands. leased bears to the original area to (8) Permits. Terms and conditions. which a grazing privilege was appur- The issuance and continued effective- tenant and recognized. Conveyance or ness of all permits will be subject, in lease of all such base lands will auto- addition to mandatory provisions re- matically convey all grazing privileges quired by Executive Order or law, to appurtenant thereto. the following terms and conditions: (vi) Grazing privileges which are ap- (i) The permittee and his employees purtenant to base lands located either shall use all possible care in preventing inside or outside the monument as of forest and range fires, and shall assist September 8, 1960, shall not be con- in the extinguishing of forest and range veyed separately therefrom. fires on, or within, the vicinity of the (2) Where no reasonable ingress or land described in the permit, as well as egress is available to permittees or in the preservation of good order with- nonpermittees who must cross monu- in the boundaries of the Monument. ment lands to reach grazing allotments (ii) The Superintendent may require or non-Federal lands within the exte- the permittee before driving livestock rior boundary of the monument or ad- to or from the grazing allotment to jacent thereto, the Superintendent will gather his livestock at a designated grant, upon request, a temporary time and place for the purpose of nonfee annual permit to herd stock on counting the same. a designated driveway which shall (iii) Stock will be allowed to graze specify the time to be consumed in only on the allotment designated in each single drive. the permit. (3) After September 8, 1960, no in- (iv) The permittee shall file with the crease in the number of animal unit Superintendent a copy of his stock months will be allowed on Federal brand or other mark. lands in the monument. (v) The permittee shall, upon notice (4)(i) A permittee whose privileges from the Superintendent that the al- are appurtenant to base lands either lotment designated in the permit is not inside or outside the monument may be ready to be grazed at the beginning of

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the designated grazing season, place no (x) All livestock are considered as livestock on the allotment for such a mature animals at 6 months of age and period as may be determined by the Su- are so counted in determining animal perintendent as necessary to avoid unit months and numbers of animals. damage to the range. All, or a portion (xi) The Superintendent may pre- of the livestock shall be removed from scribe additional terms and conditions the area before the expiration of the to meet individual cases. designated grazing season if the Super- (9) The breach of any of the terms or intendent determines further grazing conditions of the permit shall be would be detrimental to the range. The grounds for termination, suspension, or number of stock and the grazing period reduction of grazing privileges. may be adjusted by the Superintendent (10) Appeals from the decision of the at any time when such action is Superintendent to the Regional Direc- deemed necessary for the protection of tor, and from the Regional Director to the range. the Director shall be made in accord- (vi) No permit shall be issued or re- ance with National Park Service Order newed until payment of all fees and No. 14, as amended (19 FR 8824) and Re- other amounts due the National Park gional Director, Order No. 3, as amend- Service has been made. Fees for per- ed (21 FR 1494). mits are due the National Park Service (11) Nothing in these regulations and must be paid at least 15 days in ad- shall be construed as to prevent the en- vance of the grazing period. No permit forcement of the provisions of the Gen- shall be effective to authorize grazing eral Rules and Regulations and the use thereunder until all fees and other Special Rules and Regulations of the amounts due the National Park Service National Park Service or of any other have been paid. A pro rata adjustment provisions of said rules and regulations of fees will be made in the event of re- applicable to stock grazing. duction of grazing privileges granted in (c) Snowmobiles. (1) Designated routes the permit, except that not more than which will be open to smowmobile use 50 percent of the total annual grazing are approximately 20 miles of the Harp- fee will be refunded in the event re- ers Corner Road in Colorado and ap- duced grazing benefits are taken at the proximately 2 miles of the Cub Creek election of the permittee after his Road in Utah. The Harpers Corner stock are on the range. Road section extends from the Plug (vii) No building or other structure Hat Overlook to the Echo Park Road shall be erected nor shall physical im- Turnoff. The Cub Creek Road section provements of any kind be established extends from the Chew Ranch Road, 1 under the permit except upon plans and mile north of the Green River Bridge, specifications approved by the Na- to the point where the Cub Creek Road tional Park Service. Any such facili- leaves the southern boundary of the ties, structures, or buildings may be re- monument. moved or disposed of to a successor (2) On roads designated for snow- permittee within three months fol- mobile use, only that portion of the lowing the termination of the permit; road or parking area intended for other otherwise they shall become the prop- motor vehicle use may be used by erty of the United States without com- snowmobiles. Such roadway is avail- pensation therefor. able for snowmobile use only when (viii) The permittee shall utilize the there is sufficient snow cover and when lands covered by the permit in a man- these roads are closed to all other ner approved and directed by the Su- motor vehicle use by the public. perintendent which will prevent soil (3) Snowmobile use outside des- erosion thereon and on lands adjoining ignated routes is prohibited. The super- same. intendent shall determine the opening (ix) The right is reserved to adjust and closing dates for use of the des- the fees specified in the permit at any ignated snowmobile routes each year. time to conform with the fees approved [27 FR 2150, Mar. 16, 1962, as amended at 27 for the Bureau of Land Management, FR 3659, Apr. 18, 1962; 34 FR 7330, May 6, 1969; and the permittee shall be furnished a 49 FR 34481, Aug. 31, 1984; 60 FR 55791, Nov. 3, notice of any change of fees. 1995]

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§ 7.64 Petersburg National Battlefield. retrieving waterfowl. The leaving of (a) Alcoholic beverages. The possession decoys or equipment for the purpose of or drinking of alcoholic beverages in holding occupancy is prohibited. any public place or in any motor vehi- (7) Hunters shall not enter the public cle is prohibited, except with the writ- waterfowl hunting area more than 1 ten permission of the Superintendent. hour before legal shooting time and (b) Maintenance of vehicles. Washing, shall be out of the hunting area within cleaning, waxing, or lubricating motor 45 minutes after close of legal shooting vehicles or repairing or performing any time. The blind shall be left in a clean mechanical work upon motor vehicles, and sanitary condition. except in emergencies, in any public (8) Hunters using Service-owned place is prohibited. shore blinds shall enter and leave the (c) Definition. As used in paragraphs public hunting area via designated (a) and (b) of this section, the term routes from the island. ‘‘public place’’ shall mean any place, (9) Prior to entering and after leaving building, road, picnic area, parking a public hunting blind, all hunters space, or other portion of Petersburg shall check in at the registration box National Battlefield to which the pub- located on the trail to the blind he is lic has access. or has been using. (10) Parties in blinds are limited to [41 FR 40107, Sept. 17, 1976] two hunters and two guns unless other- § 7.65 Assateague Island National Sea- wise posted at the registration box for shore. the blinds. (a) Hunting. (1) Hunting, except with (11) The hunting of upland game shall a shotgun, bow and arrow, or by fal- not be conducted within 300 yards of conry is prohibited. Hunting with a any waterfowl hunting blind during shotgun, bow and arrow, or by means of waterfowl season. falconry is permitted in accordance (12) Hunting on seashore lands and with State law and Federal regulations waters, except as designated pursuant in designated hunting areas. to § 1.5 and § 1.7, is prohibited. (2) Hunting, or taking of a raptor for (b) Operation of oversand vehicles—(1) any purpose is prohibited except as Definitions. In addition to the defini- provided for by permit in § 2.5 of this tions found in § 1.4 of this chapter, the chapter. following terms or phrases, when used (3) A hunter shall not enter upon in this section, have the meanings Service-owned lands where a previous hereinafter respectively ascribed to owner has retained use for hunting pur- them. poses, without written permission of (i) Oversand vehicle. Any motorized such previous owner. vehicle which is capable of traveling (4) Waterfowl shall be hunted only over sand including—but not limited from numbered Service-owned blinds to—over-the-road vehicles such as except in areas with retained hunting beachbuggies, four-wheel-drive vehi- rights; and no firearm shall be dis- cles, pickup trucks, and standard auto- charged at waterfowl from outside of a mobiles. blind unless the hunter is attempting (ii) Self-Contained vehicle. Any towed to retrieve downed or crippled fowl. or self-propelled camping vehicle that (5) Waterfowl hunting blinds in pub- is equipped with a toilet and a perma- lic hunting areas shall be operated nently installed, waste, storage tank within two plans: capable of holding a minimum of 2 days (i) First-come, first-served. volume of material. (ii) Advance written reservation. (iii) Primary dune. Barriers or mounds The superintendent shall determine the of sand which are either naturally cre- number and location of first-come, ated or artificially established bayward first-served and/or advance reservation of the beach berm which absorb or dis- blinds. sipate the wave energy of high tides (6) In order to retain occupancy and coastal storms. rights, the hunter must remain in or (iv) Dunes crossing. A maintained ve- near the blind except for the purpose of hicle accessway over a primary dune

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designated and marked as a dunes (iv) Oversand permits are not trans- crossing. ferable and shall be carried by the op- (2) Oversand permits. No oversand ve- erator of the vehicle for which it has hicle, other than an authorized emer- been issued while traveling in the park. gency vehicle, shall be operated on a It shall be displayed as directed by the beach or designated oversand route in Superintendent at the time of issuance. the park area except under an oversand (3) Authorized and prohibited travel. (i) permit issued by the Superintendent. Except as otherwise provided in this (i) The Superintendent is authorized section and in applicable sections of to establish a system of special recre- parts 2 and 4 of this chapter, travel by ation permits for oversand vehicles and oversand vehicles is permitted south of to establish special recreation permit Assateague State Park, daily through- fees for these permits, consistent with out the year at any time, on a des- the conditions and criteria of 36 CFR ignated oversand route bayward of the part 71. primary dune and on designated por- (ii) No permit will be issued for a ve- tions of a beach seaward of the primary hicle: dune. (A) Which is not equipped to travel (ii) Travel by motorcycles is per- over sand and which does not contain mitted only on public highways and the following equipment to be carried parking areas within the park area. at all times when traveling on a beach (iii)(A) Travel by self-contained vehi- or designated oversand route in the cles is permitted under paragraph park: shovel, jack, tow rope or chain, (b)(3)(i) of this section provided that no board or similar support for the jack, overnight parking is allowed on a and low pressure tire gauge; beach seaward of the primary dunes at (B) Which does not conform to appli- any time. cable State laws having to do with li- (B) South of Assateague State Park censing, registering, inspecting, and in- such vehicles may use designated self- suring of such vehicles; contained areas bayward of the pri- (C) Which fails to comply with provi- mary dunes for overnight parking. Ex- sions of § 4.10; and cept, That towed travel trailers may (D) Which does not meet the fol- travel no farther south than the north- lowing standards: On four-wheel-drive ern limits of the Big Fox Levels. vehicles and trailers towed by any ve- (iv) Travel by oversand vehicles, hicle: other than authorized emergency vehicles, is prohibited on the following por- Per unit tions of the park area subject, however, Maximum vehicle length ...... 26 ft. to existing rights of ingress and egress. Maximum vehicle width ...... 8 ft. (A) Between the Assateague State Minimum vehicle ground clearance ...... 7 in. Park and the Ocean City Inlet. Gross vehicle weight rating may not exceed ...... 10,000 lb. Maximum number of axles ...... 2 (B) On the beach seaward of the pri- Maximum number of wheels (per axle) ...... mary dune within designated portions of the North Beach public use complex. On two-wheel-drive vehicles, in addi- (C) Provided, however, That the Su- tion to the six items listed imme- perintendent may establish times when diately above: Minimum width of tire oversand vehicles may use a portion of tread contact on sand, 8 in. each wheel. the beach in a public use complex by Tires with regular mud/snow grip posting appropriate signs or marking tread, not acceptable. Provided, That on a map available at the office of the the Superintendent may issue a single Superintendent—or both. trip permit for a vehicle of greater (4) Rules of the road. (i) Oversand ve- weight or length when such use is not hicles shall be operated only in estab- inconsistent with the purposes of the lished tracks on designated portions of regulations. the park area. No such vehicles shall be (iii) Before issuing a permit, the Su- operated on any portion of a dune ex- perintendent may check the vehicle to cept at posted crossings nor shall such determine whether it complies with the vehicles be driven so as to cut circles requirements of paragraphs (b)(2)(ii) or otherwise needlessly deface the (A) through (D) of this section. sand.

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(ii) Oversand vehicles shall not be land, from Assateague Point north to parked so as to interfere with the flow that portion of Horse Marsh located of traffic on designated oversand due east of the Memorial Park boat routes. Such vehicles may not park ramp on Chincoteague Island. overnight on a beach seaward of the (iii) Oceanside: PWC are allowed to primary dune unless one member of the beach along the ocean side of the island party is actively engaged in fishing at only in the case of personal injury or all times. Towed travel trailers used as mechanical failure. self-contained vehicles in the off-road (2) The Superintendent may tempo- portion of the park area may not be rarily limit, restrict or terminate ac- parked on a beach seaward of the pri- cess to the areas designated for PWC mary dunes. use after taking into consideration (iii) Upon approaching or passing public health and safety, natural and within 100 feet of a person on foot, the cultural resource protection, and other operator of an oversand vehicle shall management activities and objectives. reduce speed to 15 miles per hour. [35 FR 45, Jan. 3, 1970, as amended at 39 FR Speed at other times on any designated 31633, Aug. 30, 1974; 41 FR 15008, Apr. 9, 1976; oversand route shall not exceed 25 48 FR 30295, June 30, 1983; 52 FR 10686, Apr. 2, miles per hour. 1986; 68 FR 32375, May 30, 2003] (iv) When two vehicles approach from opposite directions in the same track, § 7.66 North Cascades National Park. both operators shall reduce speed; and (a) Bait for fishing. The use of nonpre- the operator with the ocean on his served fish eggs is permitted. right shall pull out of the track to (b) Snowmobiles. After consideration allow the other vehicle to pass. of existing special situations, i.e., (v) Passengers shall not ride on the depth of snow, and depending on local fenders, hood, roof, or tailgate, or in weather conditions, the superintendent any other position outside of a moving may designate as open to the use of oversand vehicle; and such vehicles snowmobiles the following locations shall not be used to tow a person on within the National Park: any recreational device over the sand (1) The Cascade River Road between or in the air or water of the park area. the park boundary and the Cascade (vi) During an emergency, the Super- Pass Trailhead parking area. intendent may close the park; or he (2) The Stehekin Valley Road be- may suspend for such period as he shall tween the park boundary and Cotton- deem advisable any or all of the fore- wood Camp. going regulations in the interest of public safety; and he may announce [34 FR 11545, July 12, 1969, as amended at 49 such closure or suspension by whatever FR 19652, May 9, 1984] means are available. (c) Personal Watercraft. (1) Personal § 7.67 Cape Cod National Seashore. Watercraft (PWC) are allowed in (a) Off-road operation of motor vehi- Assateague Island National Seashore cles. within the following locations and (1) What do I need to do to operate a ve- under the following conditions: hicle off road? To operate a vehicle off (i) Ocean City Inlet: PWC may oper- road at Cape Cod National Seashore, ate, transit, launch in water or beach you must meet the requirements in on land between the north shore of paragraphs (b) through (e) of this sec- Assateague Island and the south mar- tion. You also must obtain a special gin of the established Ocean City Inlet permit if you: channel, between Lighted Buoy #10 at (i) Will use an oversand vehicle (see approximate latitude 38.19.30N, lon- paragraphs (a)(6) and (a)(7) of this sec- gitude 75.05.30W and Lighted Buoy #11 tion for details); at approximate latitude 38.19.16N, lon- (ii) Will use an oversand vehicle to gitude 75.09.0W camp (see paragraph (a)(8) of this sec- (ii) Chincoteague Bay: PWC may oper- tion for details); or ate, transit or launch in waters be- (iii) Are a commercial operator (see tween the established Park boundary paragraph (a)(9) of this section for de- and the western shore of Assateague Is- tails).

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(2) Where and when can I operate my any access or oversand route at any vehicle off road? You may operate a ve- time for weather, impassable condi- hicle off road only under the conditions tions due to changing beach conditions, specified in the following table. How- or to protect resources. ever, the Superintendent may close

Route When you may use the route

On the outer beach between the opening to Hatches Harbor, April 15 through November 15, except Exit 8 to High Head around Race Point to High Head, including the North and which is closed April 1 through July 20. South Beach access routes at Race Point and the bypass route at Race Point Light. Off road vehicle corridor from Exit 8 to High Head ...... July 21 through November 15. Access road at High Head from the inland parking area to the January 1 through December 31. primary dune. Designated dune parking area at High Head (for fishing only) .. January 1 through December 31. Power Line Route access and fishing parking area ...... Only when the Superintendent 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 residents or caretakers of indi- January 1 through December 31. vidual dune cottages in the Province Lands. On commercial dune taxi routes following portions of the outer April 15 through November 15. beach and cottage access routes as described in the appropriate permit. On the outer beach from High Head to Head of the Meadow ... July 1 through August 31. Coast Guard beach in Truro to Long Nook beach ...... April 15 through November 15 (hours posted).

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

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

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(ii) You must obey all applicable reg- proved the information collection re- ulations in this section and all applica- quirement contained in this section. ble Federal, State and local regula- The OMB approval number is 1024–0026. tions concerning vehicles for hire. We are collecting this information to (iii) You must provide the following allow the Superintendent to issue off- information for each vehicle that will road vehicle permits. You must provide use a designated oversand route: the information in order to obtain a (A) Name and address of tour com- permit. pany and name of company owner; (b) Aircraft. (1) Land based aircraft (B) Make and model of vehicle; may be landed only at the (C) Vehicle license plate number and Provincetown Airport approximately State of issue; and one-half mile south of Race Point (D) Number of passenger seats. Beach in the Provincelands area. (11) How will the Superintendent man- (2) Float equipped aircraft may be age the off-road vehicle program? (i) The landed only on federally controlled Superintendent will issue no more than coastal water in accordance with Fed- a combined total of 3400 oversand per- eral, State, and local laws and regula- mits annually, including self-contained tions. permits. (c) Motorboats. Motorboats are pro- (ii) The Superintendent will monitor hibited from all federally owned ponds the use and condition of the oversand and lakes within the seashore in Truro routes to review the effects of vehicles and Provincetown. on natural, cultural, and aesthetic resources in designated corridors. If the (d) Shellfishing. Shellfishing, by per- Superintendent finds that resource mit from the appropriate town, is per- degradation or visitor impact is occur- mitted in accordance with applicable ring, he/she may amend, rescind, limit Federal, State, and local laws. the use of, or close designated routes. (e) Public nudity. Public nudity, in- The Superintendent will do this con- cluding public nude bathing, by any sistent with 36 CFR 1.5 and 1.7 and all person on Federal land or water within applicable Executive Orders; the boundaries of Cape Cod National (iii) The Superintendent will consult Seashore is prohibited. Public nudity is with the Cape Cod National Seashore a person’s intentional failure to cover Advisory Commission regarding man- with a fully opaque covering that per- agement of the off-road vehicle pro- son’s own genitals, pubic areas, rectal gram. area, or female breast below a point (iv) The Superintendent will recog- immediately above the top of the are- nize and use volunteers to provide edu- ola when in a public place. Public place cation, inventorying, monitoring, field is any area of Federal land or water support, and other activities involving within the Seashore, except the en- off-road vehicle use. The Super- closed portions of bathhouses, rest- intendent will do this in accordance rooms, public showers, or other public with 16 U.S.C. 18 g-j. structures designed for similar pur- (v) The Superintendent will report poses or private structures permitted annually to the Secretary of the Inte- within the Seashore, such as trailers or rior and to the public the results of the tents. This regulation shall not apply monitoring conducted under this sec- to a person under 10 years of age. tion, subject to availability of funding. (f) Hunting. (1) Hunting is allowed at (12) What are the penalties for violating times and locations designated by the the provisions of this section? Violation Superintendent as open to hunting. of a term or condition of an oversand (2) Except as otherwise provided in permit issued in accordance with this this section, hunting is permitted in section is prohibited. A violation may accordance with § 2.2 of this chapter. also result in the suspension or revoca- (3) Only deer, upland game (including tion of the permit. Eastern Wild Turkey), and migratory (13) Has OMB approved the collection waterfowl may be hunted. of information in this section? As re- (4) Hunting is prohibited from March quired by 44 U.S.C. 3501 et seq., the Of- 1st through August 31st each year, ex- fice of Management and Budget has ap- cept for the taking of Eastern Wild

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Turkey as designated by the Super- § 7.69 Ross Lake National Recreation intendent. Area. (5) The Superintendent may: (a) Snowmobiles. After consideration (i) Require permits and establish con- of existing special situations, i.e., ditions for hunting; and depth of snow, and depending on local (ii) Limit, restrict, or terminate weather conditions, and subject to any hunting access or activities after tak- and all restrictions or prohibitions fur- ing into consideration public health ther imposed by the State of Wash- and safety, natural and cultural re- ington on Highway 20, the super- source protection, and other manage- intendent may designate as open to the ment activities and objectives. use of snowmobiles the following locations within the Ross Lake National (6) The public will be notified of such Recreation Area: limitations, restrictions, closures, or (1) State Highway 20, that portion other hunting related designations normally closed to motor vehicles dur- through one or more methods listed in ing the winter season. § 1.7(a) of this chapter. (2) The Hozomeen entrance road from (7) Violating a closure, designation, the U.S./Canadian border to the end of use or activity restriction or a term or the road at East Landing. condition of a permit is prohibited. (3) Access and circulatory roads in Violating a term or condition of a per- the Hozomeen developed area normally mit may result in the suspension or open to public motor vehicle use. revocation of the permit by the Super- (4) The Thornton Lake Road from intendent. State Highway 20 to Thornton Lake Trailhead parking area. [35 FR 8446, May 29, 1970, as amended at 40 (5) The Damnation Creek Road from FR 12789, Mar. 21, 1975; 40 FR 19197, May 2, its junction with the Thornton Lake 1975; 49 FR 18451, Apr. 30, 1984; 50 FR 31181, Road to the North Cascades National Aug. 1, 1985; 63 FR 9147, Feb. 24, 1998; 77 FR Park boundary. 9855, Feb. 21, 2012] (6) The Newhalem Creek Road from State Highway 20 to its junction with § 7.68 Russell Cave National Monu- ment. the down-river road on the south side of the Skagit River. (a) Caves—(1) Closed Areas. Entering, (7) The down-river road on the south exploring, or remaining within any side of the Skagit River from its junc- cave area other than the public archeo- tion with the Newhalem Creek Road to logical exhibit without prior written the end of the road across the Skagit permission of the Superintendent is River from the mouth of Sky Creek. prohibited. (b) Aircraft. The operation of aircraft (2) Permits. Permits for entry into is allowed on the entire water surface other than public exhibit areas of the of Diablo Lake and Ross Lake, except cave will be issued within limitations that operating an aircraft under power of safety provided the applicant satis- on water surface areas within 1,000 feet fies the Superintendent that he has of Diablo Dam or Ross Dam or on those proper equipment for cave exploration, posted as closed for fish spawning is prohibited. such as lighting equipment, protective (c) Weapons. The following location is headwear, and appropriate shoes or designated for target practice between boots. Other reasonable administrative the hours of sunrise and sunset, subject requirements may be imposed by the to all applicable Federal, State, and Superintendent provided reasonable local laws: in the SE 1⁄4 of sec. 19, and notice of these requirements is given to the NE 1⁄4 of sec. 30, T. 37 N., R. 12 E., the applicant. WM, approximately 200 yards north- (3) Solo Exploration. Solo exploration west of State Route 20 near mile mark- is not permitted in the caves other er 119, the area known as the than in the public archeological ex- Newhalem rifle range. hibit areas. [49 FR 19652, May 9, 1984, as amended at 50 [35 FR 7557, May 15, 1970] FR 51856, Dec. 20, 1985; 54 FR 48869, Nov. 28, 1989]

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§ 7.70 Glen Canyon National Recre- persons traveling on trips authorized ation Area. by such permits when in the opinion of (a) Designated airstrips. (1) Wahweap, the National Park Service such limita- latitude 36°59′45″ N., longitude 111°30′45″ tions are necessary in the interest of W. public safety or protection of the eco- (2) Bullfrog, latitude 37°33′00″ N., lon- logical and environmental values of gitude 110°42′45″ W. the area. (3) Halls Crossing, latitude 37°28′10″ (i) The Superintendent of Grand Can- N., longitude 110°42′00″ W. yon National Park shall issue a permit (4) Hite, latitude 37°53′30″ N., lon- upon a determination that the person gitude 110°23′00″ W. leading, guiding, or conducting a river (5) Gordon Flats, latitude 38°10′30″ N., trip is experienced in running rivers in longitude 110°09′00″ W. white-water navigation of similar dif- (6) The entire surface of Lake Powell, ficulty, and possesses appropriate subject to the restrictions contained in equipment, which is identified in the § 2.17 of this chapter. terms and conditions of the permit. (b) Unattended property. Vehicles or (ii) No person shall conduct, lead, boat trailers, or vehicle/boat trailer guide, or outfit a commercial river trip combinations, may be left unattended without first securing the above permit for periods of up to 14 days, when and possessing an additional permit au- parked in parking areas adjacent to thorizing the conduct of a commercial designated boat launching sites, with- or business activity in the recreation out the prior permission of the Super- area. intendent. Any vehicle or boat trailer (iii) An operation is commercial if or vehicle/boat trailer combination any fee, charge, or other compensation which is left in parking areas adjacent is collected for conducting, leading, to designated boat launching sites for guiding, or outfitting a river trip. A over 14 days may be impounded by the river trip is not commercial if there is Superintendent. a bona fide sharing of actual expenses. (c) Colorado River white-water boat (4) All human waste will be taken out trips. The following regulations shall of the Canyon and deposited in estab- apply to all persons using the waters lished receptacles, or will be disposed of, or Federally owned land adminis- of by such means as is determined by tered by the National Park Service the Superintendent. along the Colorado River within Glen (5) No person shall take a dog, cat, or Canyon National Recreation Area, other pet on a river trip. from the Lees Ferry launch ramp (6) The kindling of a fire is permitted downstream to the eastern boundary of only on beaches. All fires must be com- Grand Canyon National Park: pletely extinguished only with water (1) No person shall operate a vessel before abandoning the area. engaging in predominantly upstream (7) Swimming and bathing are per- travel or having a total horsepower in mitted except in locations immediately excess of 55 without a permit from the above rapids, eddies, and riffles or near Superintendent. rough water. (2) U.S. Coast Guard approved life (8) No camping is allowed along the preservers shall be worn by every per- Colorado River bank between the Lees son while traveling in boats or rafts on Ferry launch ramp and the Navajo this section of the river, or while lining Bridge. or portaging near rough water. One (9) All persons issued a river trip per- extra preserver must be carried on each mit shall comply with all terms and vessel for each ten (10) passengers. conditions of the permit. (3) No person shall conduct, lead or (d) Assembly and launching of river guide a river trip through Glen Canyon rafts and boats. The following regula- Recreation Area unless such person tions shall apply to all persons des- possesses a permit issued by the Super- ignated under paragraph (e) of this sec- intendent of Grand Canyon National tion (Colorado white-water trips): Park. The National Park Service re- (1) The assembly and launching of serves the right to limit the number of rafts or boats, and parking or storing such permits issued, or the number of of any related equipment or supplies is

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restricted to those areas designated by Monroe County, Pennsylvania, bounded the Superintendent. by the Delaware River on the east and (2) Within such designated areas, the Hidden Lake on the west. The route be- Superintendent may assign or limit gins at the Smithfield Beach parking space and designate time periods of op- area and is in two loops. Loop One is a eration for each individual river trip or small trail approximately 3 miles long operator. and follows the west bank of the Dela- (e) PWC. (1) A person may launch and ware River and closely parallels the operate a PWC in park waters or beach east side of L. R. 45012 (commonly a PWC on park lands, except in the fol- known as the River Road). Loop Two is lowing areas: approximately 6 miles long and begins (i) On the Colorado River between at the northwest end of Loop One; it Glen Canyon Dam and the downstream goes northeasterly between the Dela- river boundary of Glen Canyon Na- ware River and River Road for about tional Recreation Area where it adjoins one mile until it crosses River Road; Grand Canyon National Park. then southwesterly along the ridge (ii) On the Colorado River upstream which is south of Hidden Lake to a of Sheep Canyon. point opposite the west end of Hidden (iii) On the San Juan River upstream Lake, and then goes southeasterly of Clay Hills pullout. until it returns to Loop One near River (iv) On the Escalante River upstream Road. Maps of the route are available of Coyote Creek. at Smithfield Beach and at the office of (v) On the Dirty Devil River up- the superintendent. Both loops are stream of Utah Highway 95 bridge. marked by appropriate signs. (2) A person may not operate a PWC (2) [Reserved] at speed in excess of flat wake speed on (c) Technical rock climbing—(1) Defini- the Escalante River from Cow Canyon tion. The term ‘‘technical rock climb- to Coyote Creek. ing’’ is defined to mean climbing where (3) After December 31, 2012, no one such technical climbing aids as pitons, may operate a PWC that does not meet carabiners or snap links, ropes, expan- the 2006 emission standards set by EPA sion bolts, or other mechanical equip- for the manufacturing of two-stroke ment are used to make the climb. engines. A person operating a PWC (2) Registration. Registration is re- that meets the EPA 2006 emission quired with the Superintendent prior standards through the use of direct in- to any technical rock climbing. The jection two-stroke or four-stroke en- registrant is required to notify the Su- gines, or the equivalent thereof, is not perintendent upon completion of the subject to this prohibition and will be climb. allowed to operate as described in this (d) Commercial Vehicles. (1) Notwith- section. (4) The Superintendent may tempo- standing the prohibition of commercial rarily limit, restrict or terminate ac- vehicles set forth at § 5.6 of this chap- cess to the areas designated for PWC ter, the following commercial vehicles use after taking into consideration are authorized to use that portion of public health and safety, natural and U.S. Highway 209 located within the cultural resource protection, and other Delaware Water Gap National Recre- management activities and objectives. ation Area: (i) Those operated by businesses [32 FR 5424, Mar. 31, 1967, as amended at 33 based within the recreation area; FR 11358, Aug. 9, 1968; 34 FR 2206, Feb. 14, (ii) Those operated by businesses 1969; 34 FR 11302, July 8, 1969; 36 FR 23294, which as of July 30, 1983, operated a Dec. 8, 1971; 40 FR 27030, June 26, 1975; 41 FR 27723, July 6, 1976; 42 FR 25857, May 20, 1977; commercial vehicular facility in Mon- 48 FR 30295, June 30, 1983; 68 FR 55465, Sept. roe, Pike, or Northampton Counties, 26, 2003; 72 FR 13706, Mar. 23, 2007] PA, and the vehicle operation originates or terminates at such facility; § 7.71 Delaware Water Gap National (iii) On a first come-first served Recreation Area. basis, up to 125 northbound and up to (a) [Reserved] 125 southbound commercial vehicles (b) Designated snowmobile routes. (1) A per day serving businesses or persons route in Middle Smithfield Township, in Orange County, Rockland County,

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Ulster County or Sullivan County, New ized under applicable State law is al- York; and lowed. (iv) Those operated in order to pro- [34 FR 13595, Aug. 23, 1969, as amended at 47 vide services to businesses and persons FR 4256, Jan. 29, 1982; 48 FR 30295, June 30, located in or contiguous to the bound- 1983; 48 FR 46780, 46782, Oct. 14, 1983; 49 FR aries of the recreation area. 9421, Mar. 13, 1984; 49 FR 18451, Apr. 30, 1984; (2) Contiguous Areas. All land within 50 FR 34130, Aug. 23, 1985; 51 FR 40419, Nov. 7, the exterior boundaries of Lehman, 1986; 52 FR 34777, Sept. 15, 1987; 69 FR 57181, Sept. 24, 2004] Delaware, Milford, Dingman, Stroud, Westfall, Middle Smithfield, Smithfield § 7.72 Arkansas Post National Memo- and Upper Mount Bethel townships is rial. deemed contiguous to the recreation (a) Launching, beaching, or landing of area. vessels. Except in emergencies, no ves- (e) Commercial vehicle fees—(1) Fee sel shall be launched, beached, or land- Schedule: Fees are charged for those ed from or on lands within the Arkan- commercial vehicular uses described in sas Post National Memorial. paragraphs (d)(1)(i), (ii) and (iii) of this section based on the number of axles [35 FR 13206, Aug. 19, 1970] and wheels on a vehicle, regardless of § 7.73 Buck Island Reef National load or weight, as follows: Monument. (i) Two-axle car, van or truck ...... $3 (ii) Two-axle vehicle with trailer ...... $5 (a) Extractive uses. All extractive uses (iii) Two-axle 6-wheeled vehicle ...... $8 are prohibited within the boundaries of (iv) Three-axle vehicle ...... $10 the Monument, including but not lim- (v) Four-axle vehicle ...... $13 ited to harvest or collection (on the (vi) Five or more-axle vehicle ...... $18 land or in the water) of fish for any use, marine mammals, coastal migra- The fees charged are for one trip, one tory pelagic fish, baitfish, lobsters, way. conch, whelk, hermit crabs (soldier (2) Exceptions. The following commer- crabs), seashells, corals, dead coral, sea cial vehicles are exempt from the com- fans, sponges and all associated reef in- mercial fee requirements. vertebrates, plants, fruits and seeds, (i) Vehicles necessary to provide firewood, driftwood, rocks, sand, gas, services to businesses or persons with- oil, and minerals. in, or contiguous to the recreation (b) Marine operations. No dredging, area. excavating or filling operations of any (ii) Any vehicle owned by a Federal, kind are permitted, and no equipment, State or municipal agency. structures, byproducts or excavated (iii) Any vehicle owned or operated materials associated with such oper- by a publicly owned utility company. ations may be deposited in or on the (iv) Any vehicle operated by a non- waters or ashore within the boundaries profit or educational organization. of the Monument. (v) Any commercially licensed vehi- (c) Wrecks. No person shall destroy cle or vehicle otherwise identified as a molest, remove, deface, displace or commercial vehicle, when at that par- tamper with wrecked or abandoned wa- ticular time it is being used for non- terborne craft of any type or condition, commercial purposes. or any cargo pertaining thereto, unless permitted in writing by an authorized (f) Powerless flight. The use of devices official of the National Park Service. designed to carry persons through the (d) Boats. (1) No watercraft shall op- air in powerless flight is allowed at erate in such a manner, nor shall an- times and locations designated by the chors or any other mooring device be superintendent, pursuant to the terms cast or dragged or placed, so as to and conditions of a permit. strike or otherwise cause damage to (g) Fishing. Unless otherwise des- any underwater features. ignated, fishing in any manner author- (2) Anchoring or maneuvering watercraft within the waters that contain underwater marked swimming

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trails and interpretive signs is prohib- two outer buoys delineating the pre- ited. scribed anchorage area, and shall an- (3) Anchoring is prohibited except by chor within described area, and no permit issued by the Superintendent other, making sure the vessel will lie for deep sand bottom areas or for ad- within this area regardless of wind or ministrative purposes. sea conditions: Except, that hand-pro- (4) Anchoring will be allowed in pelled craft may be used to transport emergency situations only to protect passengers and equipment between the life and property. anchorage area and the beach. (5) All watercraft, carrying pas- (4) All vessels carrying passengers for sengers, for hire, shall comply with ap- hire shall comply with applicable laws plicable regulations and laws of the and regulations of the United States U.S. Coast Guard and Territory of the Coast Guard and Territory of the Vir- Virgin Islands. gin Islands. (e) Fishing. (1) All forms of fishing are (e) Fishing. (1) Taking of fishes or any prohibited including, but not limited other marine life in any way except to, spearfishing, rod and reel, hand- with rod or line, the rod or line being line, nets, gill or trammel, traps or held in the hand, is prohibited: Pro- pots, snares, hooks, poison, cast nets, vided, That fish may be taken by pots trawl, seine, and long-line. or traps of conventional Virgin Islands (2) The use or possession of any type design and not larger than five feet at of fishing equipment or any of the the greatest dimension, and bait fish items listed in paragraph (a) of this may be taken by nets of no greater section is prohibited within the bound- overall length than 20 feet and of mesh aries of the Monument. not larger than 1 inch stretched: Pro- vided further, That paragraphs (e) (3), [29 FR 17091, Dec. 15, 1964, as amended at 48 (4), and (5) of this section shall apply. FR 30295, June 30, 1983; 68 FR 16435, Apr. 4, 2003] (2) The use or possession of any type of spearfishing equipment within the § 7.74 Virgin Islands National Park. boundaries of the park is prohibited. (3) The species of crustaceans known (a) [Reserved] (b) Marine operations. No dredging, as Florida Spiny Lobster (Panulirus excavating or filling operations of any argus) may be taken by hand or hand- kind are permitted, and no equipment, held hook. No person shall take female structures, byproducts or excavated lobsters with eggs; or take more than materials associated with such oper- two lobsters per person per day; or ations may be deposited in or on the have in possession more than two days’ waters or ashore within the boundaries limit: Provided, That paragraph (e)(5) of of the Park. this section shall apply. (c) Wrecks. No person shall destroy, (4) Species of mollusks commonly molest, remove, deface, displace or known as whelks and conchs may be tamper with wrecked or abandoned wa- taken by hand. No person shall take terborne craft of any type or condition, more than two conchs or one gallon of or any cargo pertaining thereto unless whelks, or both, per day, or have in permitted in writing by an authorized possession more than two days’ limit: official of the National Park Service. Provided, That paragraph (e)(5) of this (d) Boats. (1) No watercraft shall be section shall apply. operated in such a manner, nor shall (5) All known means of taking fish, anchors or any other mooring device be crustaceans, mollusks, turtles, or other cast or dragged or placed, so as to marine life are prohibited in Trunk strike or otherwise cause damage to Bay and in other waters containing un- any underwater features. derwater signs and markers. (2) Anchoring or maneuvering [29 FR 17091, Dec. 15, 1964, as amended at 48 watercraft within the waters that con- FR 30296, June 30, 1983] tain underwater marked swimming trails and interpretive signs is prohib- § 7.75 Padre Island National Seashore. ited. (a) Off-road motor vehicle and motor- (3) Vessels desiring to enter Trunk cycle operation. (1) The following regu- Bay must enter and depart between the lations pertain to the operation of

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motor vehicles and motorcycles off es- This route is locally known as the tablished roads and parking areas. The Dunn Ranch Road. operation of such vehicles and motor- (iv) Travel is permitted in an area cycles is subject also to the applicable within 200 feet of the north bank of the provisions of part 4 of this chapter and Mansfield Channel, beginning on the paragraphs (e) and (g) of this section. beach adjacent to the Gulf of Mexico (i) No person may operate a motor and ending approximately 3⁄4 mile west vehicle or motorcycle without a valid of the beach. operator’s license or learner’s permit (b) Hunting. (1) Hunting is prohibited, in his possession; an operator who has except that during the open season pre- a learner’s permit must be accom- scribed by State and Federal agencies, panied by an adult who has a valid op- the hunting of waterfowl is allowed erator’s license; a driver’s license or upon the waters of Laguna Madre learner’s permit must be displayed wherever a floating vessel of any type upon the request of any authorized per- is capable of being operated, at what- son. ever tide level may exist. Provided, (ii) In addition to the requirements of however, that the waters surrounding § 4.10 of this chapter, every motor vehi- North and South Bird Islands and other cle and motorcycle must have an oper- designated rookery islands are closed able horn, windshield wiper or wipers to all hunting as posted. Hunting, (except motorcycles), brake light or where authorized, is allowed in accord- lights, and rearview mirror. ance with all applicable Federal, State (iii) Motor vehicles and motorcycles and local laws for the protection of must have valid license plates. wildlife. (iv) Every motor vehicle and motor- (2) The erecting of a structure for use cycle must have a valid State vehicle as a hunting blind is prohibited except inspection certificate when such cer- that a temporary blind may be used tificate is required for highway use in when removed at the end of each hunt- the State in which the vehicle is li- ing day. censed. (c)–(d) [Reserved] (v) When two motor vehicles or mo- (e) Prohibited vehicle operations. The torcycles meet on the beach, the oper- following operations are prohibited on ator of the vehicle in southbound traf- and off established roads and parking fic shall yield the right-of-way, where areas. necessary, by turning out of the track (1) The use of ground effect or to the right. aircushion vehicles is prohibited. (2) Off-road motor vehicle and motor- (2) The use of vehicles propelled by cycle use areas and routes. The following the wind, commonly known as sail routes and areas are open to such vehi- cars, is prohibited. cles: (i) Travel is permitted on all of (3) Towing of persons behind vehicles the beach adjacent to the Gulf of Mex- on a sled, box, skis, surfboard, para- ico, except for the approximately 41⁄2 chute, or in any other way is prohib- miles of beach between the North and ited. South Beach Access Roads. (4) Riding on fenders, tailgate, roof, (ii) The route west of Big Shell or any other position outside of the ve- Beach, locally known as the Back hicle is prohibited. Road. This route begins on the beach (f) [Reserved] adjacent to the Gulf of Mexico approxi- (g) Speed. Except where different mately three miles south of Yar- speed limits are indicated by posted borough Pass and returns to the beach signs or markers, speed of automobiles approximately 15 miles south of Yar- and other vehicles shall not exceed 25 borough Pass. miles per hour where driving is per- (iii) The route beginning on the mitted on the beach. beach adjacent to the Gulf of Mexico (h) Mineral exploration and extrac- approximately 11 miles south of Yar- tion—(1) Scope. The regulations in this borough Pass and ending with its inter- paragraph are made, prescribed, and section with the Back Road approxi- published pursuant to the Act of Sep- mately one mile west of the beach. tember 28, 1962, 76 Stat. 651, 16 U.S.C.

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459d–3 (1964), to provide for the occupa- (5) Applicability of State laws. All oper- tion and use of so much of the surface ators, as defined in subparagraph (2) of of the land or waters within the Padre this paragraph shall abide by all rules Island National Seashore—for all pur- and regulations as may be prescribed poses reasonably incident to the min- by the Texas Railroad Commission or ing and removal of oil and gas minerals other authority of the State of Texas. and of other minerals which can be re- [31 FR 3458, Mar. 5, 1966, as amended at 39 FR moved by similar means—in a manner 40156, Nov. 14, 1974; 43 FR 6229, Feb. 14, 1978; that will be consistent with develop- 48 FR 30296, June 30, 1983; 51 FR 35647, Oct. 7, ment of recreational facilities by the 1986; 52 FR 10686, Apr. 2, 1987] Secretary of the Interior, with surface use of the lands and waters in the Sea- § 7.76 Wright Brothers National Memo- shore by the public for recreational rial. purposes and with preservation of the (a) Designated airstrip. Wright Broth- area’s natural features and values. The ers National Memorial Airstrip, lo- provisions of these regulations shall cated at Kill Devil Hills, N.C. govern also any right of occupation or (b) Use of airstrip. Except in emer- use of the surface within the bound- gencies, no aircraft may be parked, aries of the Seashore, granted by the stopped, or left unattended at the des- Secretary subsequent to April 11, 1961, ignated airstrip for more than 24 con- for the exploration, development, pro- secutive hours, or for more than a total duction, storing, processing or trans- of 48 hours during any 30-day period. porting of oil and gas minerals that are [32 FR 2564, Feb. 7, 1967] removed from outside the boundaries of the Seashore. They shall not apply to § 7.77 Mount Rushmore National Me- such rights of occupation or use exist- morial. ing on April 11, 1961, which are reason- (a) Climbing Mount Rushmore is pro- ably necessary. hibited. (2) Operator. As used in this paragraph, an operator shall mean anyone [32 FR 13071, Sept. 14, 1967] who in accordance with the provisions of the aforesaid Act of September 28, § 7.78 Harpers Ferry National Histor- ical Park. 1962, possesses the right (whether as owner of a mineral interest, lessee, (a) All persons shall register at park holder of operating rights, or other- headquarters before climbing any por- wise), to mine or remove minerals from tion of the cliff face of Maryland lands within the Padre Island National Heights. A registrant shall check out, Seashore or the right to occupy or use upon completion of climbing, in the the surface of Seashore lands for the manner specified by the registering of- exploration, development, production, ficial. storing, processing or transporting of [34 FR 8356, May 30, 1969] oil and gas minerals that are removed from outside the boundaries of the Sea- § 7.79 Amistad Recreation Area. shore. (a) Hunting. (1) Hunting is allowed at (3) Exercise of non-Federal Oil and Gas times and locations designated as open Rights. Before entering the National for hunting. Seashore for the purpose of conducting (2) The hunting season and species al- any operations pursuant to a mineral lowed to be taken will be designated on interest authorized under the Act pro- an annual basis by the superintendent. viding for establishment of the Sea- (3) Deer, javelina, and turkey may be shore, the operator shall comply with taken only by long bow and arrow. the requirements of part 9, subpart B of Water fowl and game birds may be this chapter. taken only by shotguns and bird shot. (4) All activities relating to the exer- The use of all other weapons for hunt- cise of mineral interests which take ing is prohibited. place within the boundaries of the park (b) Fishing. Unless otherwise des- shall be in accordance with an ap- ignated, fishing in a manner authorized proved Plan of Operations. under applicable State law is allowed.

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(c) Personal Watercraft (PWC). (1) into consideration public health and PWCs are allowed within Amistad Na- safety, natural and cultural resource tional Recreation Area with the fol- protection, and other management ac- lowing exceptions: tivities and objectives. (i) The Super- (i) The following areas are closed to intendent will provide public notice of PWC use: all such actions through one or more of (A) Hidden Cave Cove (where marked the methods listed in § 1.7 of this chap- by buoys), located on the Rio Grande. ter. (B) Painted Canyon (where marked (ii) Violating a closure, condition, or by buoys), located on the Rio Grande. restriction is prohibited. (C) Seminole Canyon, starting 0.5 [49 FR 18451, Apr. 30, 1984, as amended at 78 miles from the mouth of the Rio FR 11984, Feb. 21, 2013] Grande. (D) Government coves at Diablo East § 7.81 Point Reyes National Seashore. and Rough Canyon to include the water (a) Powerless flight. The use of devices and shoreline to the top of the ridge/ designed to carry persons through the property line. (E) All terrestrial cave and karst fea- air in powerless flight is allowed at tures. times and locations designated by the (F) The Lower Rio Grande area below superintendent, pursuant to the terms Amistad Dam. and conditions of a permit. (G) The water area extending 1000 [49 FR 18451, Apr. 30, 1984] feet out from the concrete portion of Amistad Dam. § 7.82 Apostle Islands National Lake- (ii) PWC are prohibited from landing shore. on any island posted as closed. (a) Fishing. Unless otherwise des- (2) The Superintendent may tempo- ignated, fishing in a manner authorized rarily limit, restrict or terminate ac- under applicable State law is allowed. cess to the areas designated for PWC (b) Snowmobiles. (1) Snowmobiles may use after taking into consideration be operated for authorized purposes in public health and safety, natural and the following designated areas within cultural resource protection, and other the Lakeshore: management activities and objectives. (i) The frozen surface of Lake Supe- [34 FR 6524, Apr. 16, 1969, as amended at 34 rior that surrounds every island from FR 15415, Oct. 3, 1969; 49 FR 18451, Apr. 30, the shoreline out to the authorized 1984; 69 FR 30216, May 27, 2004; 72 FR 13706, boundary; Mar. 23, 2007] (ii) The frozen surface of Lake Supe- rior from Sand Point to the mainland § 7.80 Sleeping Bear Dunes National unit’s eastern boundary; Lakeshore. (iii) The 1⁄4 mile section of the Big (a) Powerless flight. The use of devices Sand Bay Road that passes through the designed to carry persons through the park mainland unit to non-NPS prop- air in powerless flight is allowed at erty. times and locations designated by the (2) Snowmobile use is authorized superintendent, pursuant to the terms solely for the purpose of providing ac- and conditions of a permit. cess for legal forms of: (b) Fishing. Unless otherwise des- (i) Ice fishing; ignated, fishing in a manner authorized (ii) Hunting and trapping; under applicable State law is allowed. (iii) Winter camping; (c) Bicycling. (1) The Sleeping Bear (iv) Other non-motorized recreational Heritage Trail, approximately 27 miles activities; and in length from the southern Leelanau (v) Access to non-NPS property by County line at Manning Road to Coun- owners, and to NPS properties by ‘‘use ty Road 651 at Good Harbor Beach, is and occupancy’’ lessees and their designated as a route for bicycle use. guests. (2) The Superintendent may open or (3) Snowmobiles may be used for ad- close designated routes, or portions ministrative, law enforcement, and thereof, or impose conditions or re- emergency services as determined by strictions for bicycle use after taking the Superintendent.

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(4) Snowmobile use in areas and for (4) Areas designated for use of an ice purposes other than those stated in auger or power engine include: paragraphs (b)(1) and (b)(2) of this sec- (i) The frozen surface of Lake Supe- tion is prohibited. rior that surrounds every island from (5) Maps showing designated use the shoreline out to the authorized areas are available at park head- boundary; and quarters. (ii) The frozen surface of Lake Supe- (c) Off-road vehicles. (1) Off-road rior from Sand Point to the mainland motor vehicles may be operated for au- unit’s eastern boundary. thorized purposes in the following des- (5) Maps showing designated use ignated areas within the Lakeshore: areas are available at park head- (i) The frozen surface of Lake Supe- quarters. rior that surrounds every island from (6) Use of an ice auger or power en- the shoreline out to the authorized gine on any land surface or frozen boundary; and water surface outside of designated use (ii) The frozen surface of Lake Supe- areas is prohibited without a permit. rior from Sand Point to the mainland unit’s eastern boundary. [49 FR 18451, Apr. 30, 1984, as amended at 70 (2) Off-road motor vehicle use is au- FR 16716, Apr. 1, 2005] thorized solely for the purpose of pro- § 7.83 Ozark National Scenic viding access for legal forms of: Riverways. (i) Ice fishing; (ii) Hunting and trapping; (a) Restrictions for motorized vessels. (1) (iii) Winter camping; On waters situated within the bound- (iv) Other non-motorized recreational aries of Ozark National Scenic activities; and Riverways, the use of a motorized ves- (v) Access to non-NPS property by sel is limited to a vessel equipped with owners, and to NPS properties by ‘‘use an outboard motor only. and occupancy’’ lessees and their (2) For the purposes of this section, guests. horsepower ratings on a particular (3) Off-road motor vehicles may be motor will be based upon the prevailing used for administrative, law enforce- industry standard of power output at ment, and emergency services as deter- the propeller shaft as established by mined by the Superintendent. the manufacturer. (4) Off-road motor vehicle use in (3) The use of a motorized vessel is areas and for purposes other than those allowed as follows: stated in paragraphs (c)(1) and (c)(2) is (i) Above the Big Spring landing on prohibited. the Current River and below Alley (5) Maps showing designated use Spring on the Jacks Fork River with areas are available at park head- an outboard motor not to exceed 40 quarters. horsepower. (d) Ice augers and power engines. (1) (ii) Above Round Spring on the Cur- Ice auger means a portable gasoline or rent River and above Alley Spring on electric powered engine connected to a the Jacks Fork River with an outboard rotating helical shaft for boring motor not to exceed 25 horsepower. through the frozen surface of a lake. (iii) Above Akers Ferry on the Cur- (2) Power engine means a mobile gaso- rent River from May 1 to September 15 line or electric powered engine or de- with an outboard motor not to exceed vice that is connected to a rotating 10 horsepower. saw blade or teeth linked in an endless (iv) Above Bay Creek on the Jacks chain for cutting through the frozen Fork River from March 1 to the Satur- ice surface of a lake. day before Memorial Day with an out- (3) Notwithstanding the requirements board motor not to exceed 10 horse- of 36 CFR 2.12(a)(3), operation of an ice power. auger or power engine is authorized on (4) Operating a motorized vessel designated portions of Lake Superior other than as allowed in § 7.83(a) is pro- for the specific purpose of cutting hibited. through the ice surface to provide ac- (b) Scuba Diving. (1) Scuba diving is cess for legal ice fishing activity. prohibited within all springs and spring

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branches on federally owned land with- (4) The performance, by a principal, in the boundaries of Ozark National employee, or agent of a commercial en- Scenic Riverways without a written terprise, within the boundaries of permit from the superintendent. Ozark National Scenic Riverways of (2) Permits. The superintendent may any other service or activity for which issue written permits for scuba diving a fee, charge or other compensation is in springs within the boundaries of the not collected, but which is an integral Ozark National Scenic Riverways; Pro- part, necessary complement, or routine vided, adjunct of or to any commercial trans- (i) That the permit applicant will be action undertaken by that enterprise engaged in scientific or educational infor which monetary or other valuable vestigations which will have demon- consideration is charged or collected, strable value to the National Park even though such transaction is initi- Service in its management or under- ated, performed, or concluded outside standing of riverways resources. the boundaries of the Riverways. (ii) [Reserved] (5) The solicitation of any business, (c) Commercial Activities. The activi- employment, occupation, profession, ties listed herein constitute commer- trade, work or undertaking, which is cial activities which are prohibited engaged in with some continuity, regu- within the boundaries of Ozark Na- larity or permanency for any liveli- tional Scenic Riverways, except in ac- hood, gain, benefit, advantage, or prof- cordance with the provisions of a per- it. mit, contract, or other written agree- (d) Fishing. (1) Unless otherwise des- ment with the United States. The Na- ignated, fishing in a manner authorized tional Park Service reserves the right under applicable State law is allowed. to limit the number of such permits, (2) The superintendent may designate contracts or other written agreements, times and locations and establish con- when, in the judgment of the Service, ditions under which the digging of bait such limitation is necessary in the infor personal use is allowed. terest of visitor enjoyment, public (e) Frogs, turtles and crayfish. (1) The safety, or preservation or protection of superintendent may designate times the resources or values of the and locations and establish conditions Riverways. governing the taking of frogs, turtles (1) The sale or rental of any goods or and/or crayfish upon a written deter- equipment to a member or members of mination that the taking of frogs, tur- the public which is undertaken in the tles and/or crayfish: course of an ongoing or regular com- (i) Is consistent with the purposes for mercial enterprise. which the area was established; and (2) The performance of any service or (ii) Will not be detrimental to other activity for a member or members of park wildlife or the reproductive po- the public in exchange for monetary or tential of the species to be taken; and other valuable consideration. (iii) Will not have an adverse effect (3) The delivery or retrieval within on the ecosystem. the boundaries of Ozark National Sce- (2) Violation of established condi- nic Riverways of watercraft or associ- tions or designations is prohibited. ated boating equipment which has been [38 FR 5851, Mar. 5, 1973, as amended at 41 FR rented to a member or members of the 23959, June 14, 1976; 49 FR 18451, Apr. 30, 1984; public at a location not within the 50 FR 43388, Oct. 25, 1985; 56 FR 30696, July 5, Riverways, when such delivery or re- 1991; 56 FR 37158, Aug. 5, 1991] trieval is performed by a principal, employee or agent of the commercial en- § 7.84 Channel Islands National Park. terprise offering the equipment for (a) [Reserved] rental and when these services are per- (b) Wrecks. No person shall destroy, formed as an integral part, necessary molest, remove, deface, displace, or complement, or routine adjunct of or tamper with wrecked and abandoned to the rental transaction, whether or water or airborne craft or any cargo not any charge, either separately or in pertaining thereto. combination with any other charge, is (c) Fishing. The taking of any fish, made for these services. crustaceans, mollusk, or other marine

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life shall be in compliance with State (2) During applicable open seasons, regulations except that: only the following may be hunted: (1) No invertebrates may be taken in (i) Game animals, rabbits, and feral water less than five (5) feet in depth. or wild hogs. (2) The taking of abalone and lobsters (ii) Game birds and migratory game for commercial purposes is prohibited birds. in the following areas: (3) The use of dogs or calling devices (i) Anacapa Island. Northside to exte- for hunting game animals or fur-bear- rior boundary of the monument being animals is prohibited. ° ′ tween east end of Arch Rock 119 21 – (4) The use or construction of stands, ° ′ ° ′ 34 01 and west end of island, 119 27 – blinds or other structures for use in ° ′ 34 01 . hunting or for other purposes is prohib- (ii) Santa Barbara Island. Eastside to ited. exterior boundary of monument 119°02′– ° ′ ° ′ ° ′ ″ (b) Trapping. Trapping, for fur-bear- 33 28 and 119 02 –33 29 30 . ing animals only, is permitted in ac- (3)(i) The use of all nets is prohibited cordance with § 2.2 of this chapter. within the outer edge of the kelp line (c) Hunting and Trapping Permits. In surrounding Anacapa and Santa Bar- addition to applicable State licenses or bara Islands. permits, a permit from the Super- (ii) The use of trammel or gill nets is intendent is required for hunting or prohibited in less than 20 fathoms of trapping on Preserve lands. Permits water in all areas surrounding Anacapa will be available, free of charge, at Pre- and Santa Barbara Islands. (4) The Superintendent shall require serve headquarters and can be obtained all persons fishing commercially within person or by mail. in Channel Islands National Monu- (d) Firearms, Traps, and Other Weap- ment, on waters open for this purpose, ons. Except as otherwise provided in to obtain an annual permit from him. this paragraph, § 2.4 of this chapter Such permits shall be issued on request shall be applicable to Preserve lands. except that: (1) During open hunting or trapping (i) Lobster permits for Anacapa and seasons, the possession and use of fire- Santa Barbara Islands will be issued arms or other devices capable of de- only to applicants who filed with the stroying animal life is permitted in ac- California State Department of Fish cordance with § 2.4 of this chapter. and Game fish receipts for lobsters (2) The possession of firearms or caught at Anacapa and Santa Barbara other weapons at night, from one hour Islands during the period July 1, 1968, after sunset to one hour before sunrise to July 1, 1971. is prohibited. (ii) Abalone permits for Anacapa and [45 FR 46072, July 9, 1980, as amended at 48 Santa Barbara Islands will be issued FR 30296, June 30, 1983] only to applicants who filed with the California State Department of Fish § 7.86 Big Cypress National Preserve. and Game fish receipts for abalone (a) Motorized vehicles—(1) Definitions. caught at Anacapa and Santa Barbara (i) The term ‘‘motorized vehicle’’ Islands during the period July 1, 1968, means automobiles, trucks, glades or to July 1, 1971. swamp buggies, airboats, amphibious [38 FR 5622, Mar. 17, 1973, as amended at 48 or air cushion vehicles or any other de- FR 30296, June 30, 1983] vice propelled by a motor and designed, modified for or capable of cross coun- § 7.85 Big Thicket National Preserve. try travel on or immediately over land, (a) Hunting. Except as otherwise pro- water, marsh, swampland or other ter- vided in this section, hunting is per- rain, except boats which are driven by mitted in accordance with § 2.2 of this a propeller in the water. chapter. (ii) The term ‘‘operator’’ means any (1) Hunting is permitted only during person who operates, drives, controls designated seasons, as defined for game or has charge of a motorized vehicle. animals or birds by the State of Texas. (iii) The term ‘‘Preserve lands’’ During other periods of the year, no means all federally owned or controlled hunting is permitted. lands and waters administered by the

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National Park Service within the Fresh Water Fish Commission. Prior to boundaries of the Preserve. instituting a permanent closure of an (2) Travel in Preserve areas. (i) Unless area or route, notice of such intention closed or restricted by action of the shall be published in the FEDERAL REG- Superintendent under paragraph ISTER and the public shall be provided a (a)(2)(iii), the following areas, which period of 30 days to comment. are shown on a map numbered BC–91– (3) Operations, limitations and equip- 001, dated November 1975, and available ment—(i) Vehicle operation. (A) Motor- for public inspection at the office of ized vehicle permits shall be required the Superintendent, are open to motor- after December 21, 1980. ized vehicles: (B) Motorized vehicles shall not be (A) The area south and west of Loop Road (State Road #B94). operated in a manner causing, or likely (B) The area north of Tamiami Trail. to cause, significant damage to or dis- (ii) The following areas which are turbance of the soil, wildlife habitat, shown on a map numbered BC–91–001, improvements, cultural, or vegetative dated November 1975, and available for resources. Cutting, grading, filling or public inspection at the office of the ditching to establish new trails or to Superintendent, are closed to motor- improve old trails is prohibited, except ized vehicles: under written permit where necessary (A) The areas between the Loop Road in the exploration for, extraction or re- (State Hwy. #B94) and the Tamiami moval of oil and gas. Trail (U.S. Hwy. #B41), except that the (ii) Vehicle Limitations and Equip- Superintendent may issue a permit to ment. provide for reasonable access by legal (A) [Reserved] residents or to provide access by au- (B) The Superintendent, by the post- thorized oil and gas companies. ing of appropriate signs or by marking (B) Big Cypress Florida Trail, Sec- on a map, which shall be available for tion 1, One marked main hiking trail, public inspection at the office of the from Tamiami Trail to Alligator Alley; Superintendent, may require during and the two marked loop trails are dry periods, that a motorized vehicle or closed to the use of all motorized vehi- a particular class of motorized vehicle, cles, except that vehicles may cross the trails. operated off established roads and (iii) The Superintendent may tempo- parking areas, shall be equipped with a rarily or permanently close or restrict spark arrestor that meets Standard the use of any areas and routes other- 5100–1a of the Forest Service, U.S. De- wise designated for use of motor vehi- partment of Agriculture, or the 80 per- cles, or close or restrict such areas or cent efficiency level when determined routes to the use of particular types of by the appropriate Society of Auto- motor vehicles by the posting of appro- motive Engineers (SAE) Standard. priate signs, or by marking on a map (C) A motorized vehicle, except an which shall be available for public in- airboat, when operated off of estab- spection at the office of the Super- lished roads and parking areas during intendent, or both. In determining the period from one-half hour after whether to close or restrict the uses of sunset to one-half hour before sunrise, the areas or routes under this para- shall display at least one forward-fac- graph, the Superintendent shall be ing white headlight and one red lighted guided by the criteria contained in sec- taillight each of which shall be visible tions 3 and 4 of E.O. 11644 (37 FR 2877) for a distance of 500 feet in their re- as amended, and shall also consider spective directions under clear atmos- factors such as other visitor uses, safe- pheric conditions. ty, wildlife management, noise, ero- (D) Airboats and amphibious vehicles sion, geography, vegetation, resource protection, and other management con- shall fly a safety flag at least 10 inches siderations. Prior to making a tem- wide by 12 inches long at a minimum porary or permanent closure the Super- height of 10 feet above the bottom of intendent shall consult with the execu- the vehicle or boat, and shall display tive director of the Florida Game and one white light aft visible for 360° at a

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distance of 500 feet when running dur- improved landing strips for which a ing the period from one-half hour be- permit has been issued and which were fore sunset to one-half hour after sun- in existence and in usable condition at rise. the time the lands were acquired for (b) Camp structures. (1) Buildings or preserve purposes, or the effective date other structures on lands not owned by of these regulations, whichever occurs claimants to these structures existing first. A permit may be issued to the prior to the effective date of these reg- former land owner or airstrip user upon ulations, may be occupied and used by application to the Superintendent. The said claimants pursuant to a nonrenew- application shall include a sketch able, nontransferrable permit. This use showing location; a copy of the airstrip shall be for a maximum term of five (5) license, if any; a description of the size years from the date of Federal acquisi- of strip, type of landing surface, height tion for preserve purposes of the land of obstructions, special markings; and upon which the structures are situated a list of the camps served. or five years from the effective date of (2) A map showing the locations, size, these regulations, whichever occurs and limitations of each airstrip des- first: Provided, however, That the ignated under a permit shall be avail- claimant to the structures by applica- able for public inspection at the office tion: of the Superintendent. (i) Reasonably demonstrates by affi- (3) Rotorcraft used for purposes of oil davit, bill of sale or other documenta- and gas exploration or extraction, as tion proof of possessory interest or provided for in part 9, subpart B of this right of occupancy in the cabin or chapter, may be operated only in ac- structure; cordance with an approved operating (ii) Submits a sketch and photograph plan or a permit issued by the Super- of the cabin or structure and a map intendent. showing its geographic location; (d) [Reserved] (iii) Agrees to vacate or remove the (e) Hunting, Fishing, Trapping and structure from the preserve upon the Gathering. (1) Hunting, fishing and expiration of the permit, and trapping are permitted in accordance (iv) Acknowledges in the permit that with the general regulations found in he/she has no interest in the real prop- parts 1 and 2 of this chapter and appli- erty. cable Florida law governing Coopera- (2) Structures built after the effective Wildlife Management Areas. tive date of these regulations will be (2) The Superintendent may permit removed upon acquisition by the Fed- the gathering or collecting by hand and eral Government of the lands upon for personal use only of the following: which the structures are situated. (3) Structures that are razed or de- (i) Tree snails (Liguus Fasciatus); stroyed by fire or storm, or deteriorate Provided, however, That under condi- structurally to the point of being un- tions where it is found that significant safe or uninhabitable shall not be re- adverse impact on park resources, wild- built and the permit shall be cancelled. life populations or visitor enjoyment of This shall not be deemed to prohibit resources will result, the Super- routine maintenance or upkeep on an intendent shall prohibit the gathering, existing structure. or otherwise restrict the collecting of (4) The National Park Service re- these items. Portions of a park area in serves the right to full and unre- which restrictions apply shall be des- stricted use of the lands under permit ignated on a map which shall be avail- including, but not limited to, such pur- able for public inspection at the office poses as managed hunting programs ex- of the Superintendent, or by the post- ecuted in accordance with applicable ing of appropriate signs, or both. State Game and Fish laws and regula- (f) Grazing. (1) Grazing privileges tions, use of existing roads and trails, shall be available under permit to own- and unrestricted public access. ers or lessees who were actually using (c) Aircraft: Designated landing sites. land within the Preserve for grazing (1) Except as provided below, aircraft purposes on October 11, 1974, or who may be landed in the preserve only at elected to request a permit at the time

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the land was acquired for preserve pur- § 7.87 Kaloko-Honokohau National His- poses (See 36 CFR 2.60). torical Park. (2) Such permit may be renewed dur- (a) Is public nudity prohibited at ing the lifetime of the permittee or his Kaloko-Honokohau National Historical spouse. Park? Yes. Public nudity, including (3) The breach of any of the terms or nude bathing, by any person on Federal conditions of the permit or the regula- land or water within the boundaries of tions applicable thereto shall be Kaloko-Honokohau National Historical grounds for termination, suspension or Park is prohibited. This section does denial of grazing privileges. not apply to a person under 10 years of (4) Except as provided below, failure age. to use land under permit for grazing or (b) What is public nudity? Public nu- to renew the permit shall automati- dity is a person’s failure, when in a public place, to cover with a fully cally terminate the permit and grazing opaque covering that person’s genitals, privileges. The Superintendent may pubic areas, rectal area or female issue a nonuse permit on an annual breast below a point immediately basis not to exceed three consecutive above the top of the areola. years, except that nonuse beyond this (c) What is a public place? A public time may be permitted if necessitated place is any area of Federal land or by reasons clearly outside the control water subject to Federal jurisdiction of the permittee. within the boundaries of Kaloko- (5) Annual fees based on Depart- Honokohau National Historical Park, mental regulations (43 CFR 4125.1–1 except the enclosed portions of rest- (m)) will be charged for all livestock rooms or other structures designed for grazing upon preserve lands. privacy or similar purposes. (6) Each permittee shall comply with [64 FR 19483, Apr. 21, 1999] the range management plan approved by the Superintendent for the area § 7.88 Indiana Dunes National Lake- under permit. shore. (7) State laws and regulations relat- (a) Fishing. Unless otherwise des- ing to fencing, sanitation and branding ignated, fishing in a manner authorized are applicable to graziers using pre- under applicable State law is allowed. serve lands. (b) Powerless flight. The use of devices (8) The National Park Service re- to carry persons through the air in serves the right to full and unre- powerless flight is allowed at times and stricted use of the lands under permit locations designated by the super- including, but not limited to, such pur- intendent pursuant to the terms and poses as managed hunting programs ex- conditions of a permit. ecuted in accordance with applicable [49 FR 18451, Apr. 30, 1984] State Game and Fish laws and regulations, use of existing roads and trails, § 7.89 New River Gorge National River. unrestricted public access, and the (a) Hunting—(1) May I hunt within right to revoke the permit if the activ- New River Gorge National River? Yes, ity is causing or will cause consider- you may hunt if you: able adverse effect on the soil, vegeta- (i) Possess a valid West Virginia tion, watershed or wildlife habitat. State hunting license or permit, or are (9) Corporations formed by owners or exempt under provisions of West Vir- lessees who were actually using lands ginia law. within the preserve for grazing pur- (ii) Comply with the hunting seasons, poses on October 11, 1974, may be issued harvest limits, and any other condi- annual permits for a period not to ex- tions established by the State of West Virginia. ceed twenty-five (25) years from the (iii) Do not violate any closures or date of acquisition for preserve pur- limitations established by the Super- poses. intendent for reasons of public safety, [44 FR 45128, Aug. 1, 1979, as amended at 48 resource protection, or other manage- FR 30296, June 30, 1983] ment considerations.

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(2) Do West Virginia state hunting laws (B) A bicyclist must yield to a pedes- apply within New River Gorge National trian; and River? Yes, non-conflicting State hunt- (C) A bicyclist travelling downhill ing laws are adopted as part of the reg- must yield to a bicyclist travelling up- ulations in this section and apply with- hill. in New River Gorge National River. (ii) Yielding the right of way requires (b) Bicycling. (1) Where may I ride a bi- slowing down to a safe speed, being pre- cycle within New River Gorge National pared to stop, establishing communica- River? Bicycle use is allowed: tion, and passing safely. (i) On park roads and in parking (iii) Failure to yield is prohibited. areas; and (4) How will the Superintendent manage (ii) On administrative roads and bicycle use where it is authorized? The trails authorized for bicycle use as list- Superintendent may close park and ad- ed in the following table. ministrative roads, parking areas and trails, or portions thereof, reopen the ADMINISTRATIVE ROADS AND TRAILS AUTHOR- IZED FOR BICYCLE USE—NORTH TO SOUTH same, or impose conditions or restrictions for bicycle use after taking into Hawks Nest Connector Trail consideration public health and safety, Fayetteville Trail natural and cultural resource protec- Park Loop Trail Timber Ridge Trail tion, and other management activities Kaymoor Trail and objectives. Craig Branch Trail (i) The Superintendent will provide Arrowhead Trail public notice of all such actions Long Point Trail (except 0.2 miles closest to through one or more of the methods Long Point Vista) listed in § 1.7 of this chapter. Keeneys Creek Rail Trail (ii) Violating a closure, condition, or Headhouse Trail restriction is prohibited. Tipple Trail Seldom Seen Trail [68 FR 55317, Sept. 25, 2003, as amended at 78 Nuttallburg Town Loop Connector Trail FR 73097, Dec. 5, 2013] Brooklyn Mine Trail Brooklyn Miner’s Connector Trail § 7.90 Chattahoochee River National Southside Trail Recreation Area. Rend Trail (a) Bicycling. (1) Where may I ride a bi- Stone Cliff Trail Terry Top Trail cycle within Chattahoochee River Na- Garden Ground Stacked Loop Trail tional Recreation Area? The following Little Laurel Trail routes are designated for bicycle use: Mud Turn Trail (i) The approximately 500-foot-long Glade Creek Trail segment of paved multi-use trail along Panther Branch Connector Trail the Chattahoochee River located with- (2) How will I know where these admin- in the boundary of the Vickery Creek istrative roads and trails are located in unit. the park? The administrative roads and (ii) The approximately 2.2-mile-long trails where bicycle use is authorized multi-use trail in the Johnson Ferry are identified on maps located in the South unit that connects to the bridge Superintendent’s office, at park visitor underpass at Johnson Ferry Road. centers, at interpretive kiosks, and on (iii) The approximately 6.7-mile-long the park’s Web site. Additional infor- loop-style multi-use trail in the Coch- mation about bicycling will also be ran Shoals unit. posted at appropriate trailheads and (2) Will the routes be identified on the other locations. ground? Yes, the three trails will be (3) What requirements must I meet to posted at trail junctions indicating ride a bicycle within New River Gorge Na- they are open to bicycle use. tional River? (i) In addition to the appli- (3) Where can I find maps depicting cable provisions in 36 CFR part 4, all routes designated for bicycle use? Maps bicyclists must yield to other trail depicting designated bicycle routes are users in the following manner: available in the office of the Super- (A) A bicyclist must yield to an intendent and online at www.nps.gov/ equestrian; chat/planyourvisit/bike-maps.htm.

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(4) How will the Superintendent manage lowed on all streams. Streams, or por- the designated bicycle routes? (i) The Su- tions thereof, that are designated perintendent may open or close des- closed to gold panning are marked on a ignated bicycle routes, or portions map available for public inspection at thereof, or impose conditions or re- the office of the superintendent, or by strictions for bicycle use after taking the posting of signs, or both. into consideration public health and (ii) Prior to engaging in gold pan- safety, natural and cultural resource ning, a person shall register with, and protection, carrying capacity and other pay a special recreation permit fee to, management activities and objectives. the superintendent. The super- (ii) Following a rain event, the Su- intendent shall establish the special perintendent may exercise discretion recreation permit fee in accordance to temporarily close the trails in the with regulations in part 71 of this chap- Johnson Ferry South and Cochran ter. Shoals units to mitigate soil erosion (iii) A person may remove gold from and water quality impacts from bicycle the Unit only in accordance with these use. regulations. (iii) The Superintendent will provide (3) The following are prohibited: public notice of all such actions (i) Removing gold by any method through one or more of the methods other than gold panning, including, but listed in § 1.7 of this chapter. not limited to, the use of suction, a (iv) Violating a closure, condition, or crevice cleaner, screen separator, view restriction is prohibited. box, sluice box, rocker, dredge or any (b) [Reserved] other mechanical or hydraulic device, [78 FR 14450, Mar. 6, 2013] or skin diving equipment such as a snorkel, mask or wetsuit. § 7.91 Whiskeytown Unit, Whiskey- (ii) Using any toxic substance or town-Shasta-Trinity National chemical, including mercury, in gold Recreation Area. panning activities. (a) Water sanitation. (1) Vessels with (iii) Conducting gold panning outside marine toilets so constructed as to per- the confines of existing stream water mit wastes to be discharged directly levels, or digging into a stream bank, into the water shall have such facili- or digging that results in the disturb- ties sealed to prevent discharge. ance of the ground surface or the un- (2) Chemical or other type marine dermining of any vegetation, historic toilets with approved holding tanks or feature or bridge abutment. storage containers will be permitted, but will be discharged or emptied only [36 FR 14267, Aug. 3, 1971, as amended at 38 at designated sanitary pumping sta- FR 5245, Feb. 27, 1973; 49 FR 18452, Apr. 30, tions. 1984; 54 FR 23649, June 2, 1989] (b) Overnight occupancy of a vessel on the Whiskeytown Lake is prohib- § 7.92 Bighorn Canyon National Recre- ation Area. ited. (c) Powerless flight. The use of devices (a) Aircraft-designated airstrip. (1) Fort designed to carry persons through the Smith landing strip, located at approx- air in powerless flight is allowed at imate latitude 45°19′ N., approximate times and locations designated by the longitude 107°55′41″ W. in the superintendent, pursuant to the terms S1⁄2S1⁄2SE1⁄4 sec. 8, and the S1⁄2SW1⁄4SW1⁄4 and conditions of a permit. sec. 9, T. 6 S., R. 31 E., Montana Prin- (d) Gold Panning. (1) As used in this cipal Meridian. section, the term ‘‘gold panning’’ (2) [Reserved] means the attempted or actual removal (b) Snowmobiles. (1) Designated routes of gold from a stream by using either a to be open to snowmobile use: On the metal or plastic gold pan and a trowel, west side of Bighorn Lake, beginning spoon or other digging implement hav- immediately east of the Wyoming ing a blade surface not exceeding 4 Game and Fish Department Residence inches wide and 8 inches long. on the Pond 5 road northeast to the (2)(i) Unless otherwise designated by Kane Cemetery. North along the main the superintendent, gold panning is al- traveled road past Mormon Point, Jim

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Creek, along the Big Fork Canal, cross- (iv) At Government docks as posted. ing said canal and terminating on the (v) At the Ok-A-Beh gas dock, except south shore of Horseshoe Bend, and the for customers. marked lakeshore access roads leading (vi) From Yellowtail Dam upstream off this main route to Mormon Point, to the log boom. north and south mouth of Jim Creek, (vii) In Bighorn Lake and shoreline South Narrows, and the lakeshore road south of the area known as the South between Mormon Point and the south Narrows (legal description R94W, T57N mouth of Jim Creek. On the east side at the SE corner of Section 6, the SW of Bighorn Lake beginning at the junc- corner of Section 5, the NE corner of tion of U.S. Highway 14A and the John Section 7, and the NW corner of Sec- Blue road, northerly on the John Blue tion 8). Personal watercraft users are road to the first road to the left, on required to stay north of the boundary said road in a westerly direction to its delineated by park installed buoys. terminus at the shoreline of Bighorn (2) The Superintendent may tempo- Lake. All frozen lake surfaces are rarily limit, restrict, or terminate ac- closed to snowmobiling. cess to the areas designated for PWC (2) On roads designated for snow- use after taking into consideration mobile use only that portion of the public health and safety, natural and road or parking area intended for other cultural resource protection, and other motor vehicle use may be used by management activities and objectives. snowmobiles. Such roadway is available for snowmobile use only when the [36 FR 21666, Nov. 12, 1971, as amended at 48 FR 29845, June 30, 1983; 52 FR 34777, Sept. 15, designated road or parking area is 1987; 70 FR 31353, June 1, 2005] closed by snow depth to all other motor vehicles used by the public. § 7.93 Guadalupe Mountains National These routes will be marked by signs, Park. snow poles or other appropriate means. (a) Cave entry. No person shall enter The superintendent shall determine the any cave or passageway of any cave opening and closing dates for use of without a permit. designated snowmobile routes each year. Routes will be open to snow- [48 FR 30296, June 30, 1983] mobile travel when they are considered to be safe for travel but not necessarily § 7.94 Bryce Canyon National Park. free of safety hazards. Snowmobiles (a) The Superintendent may des- may travel in these areas with the per- ignate for bicycle use routes or por- mission of the superintendent, but at tions of routes on the following sec- their own risk. tions of the park’s multi-use rec- (3) Snowmobile use outside des- reational path: ignated routes is prohibited. (1) A section between the park bound- (c) Fishing. Unless otherwise des- ary near Bryce Canyon City and Inspi- ignated, fishing in any manner author- ration Point parking area (approxi- ized under applicable State law is al- mately 3.9 miles); lowed. (2) A section between the intersec- (d) Personal Watercraft (PWC). (1) tion of Bryce Point road and Inspira- PWC use is allowed in Bighorn Canyon tion Point road, and a trailhead near National Recreation Area, except in Bryce Point parking area (approxi- the following areas: mately 2.3 miles). (i) In the gated area south of (b) The Superintendent will provide Yellowtail Dam’s west side to spillway notice of all bicycle route designations entrance works and Bighorn River through one or more of the methods from Yellowtail Dam to cable 3,500 feet listed in § 1.7 of this chapter, and place north. the designations on maps that are (ii) At Afterbay Dam from fenced available in the office of the Super- areas on west side of dam up to the intendent and other places convenient dam. to the public. (iii) In Afterbay Lake, the area be- (c) The Superintendent may open or tween dam intake works and buoy/ close designated bicycle routes, or por- cable line 100 feet west. tions thereof, or establish conditions or

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restrictions for bicycle use after con- the safety of other persons is prohib- sidering public health and safety, nat- ited. ural and cultural resource protection, (c) Model planes. Flying a model pow- carrying capacity, and other manage- ered plane from any park area is pro- ment activities and objectives. hibited without a permit. (1) The Superintendent will provide (d) Fishing. Unless otherwise des- public notice of all such actions ignated, fishing in a manner authorized through one or more of the methods under applicable State law is allowed. listed in § 1.7 of this chapter. (e) Swimming. Bathing, swimming or (2) Violating a closure, condition, or wading in any fountain or pool except restriction is prohibited. where officially authorized is prohib- [80 FR 24212, Apr. 30, 2015] ited. Bathing, swimming or wading in the Tidal Basin, the Chesapeake and § 7.95 [Reserved] Ohio Canal, or Rock Creek, or entering from other areas covered by this sec- § 7.96 National Capital Region. tion the Potomac River, Anacostia (a) Applicability of regulations. This River, Washington Channel or George- section applies to all park areas admin- town Channel, except for the purpose of istered by National Capital Region in saving a drowning person, is prohib- the District of Columbia and in Arling- ited. ton, Fairfax, Loudoun, Prince William, (f) Commercial vehicles and common and Stafford Counties and the City of carriers—(1) Operation in park areas pro- Alexandria in Virginia and Prince hibited; exceptions. Commercial vehicles Georges, Charles, Anne Arundel, and and common carriers, loaded or un- Montgomery Counties in Maryland and loaded, are prohibited on park roads to other federal reservations in the en- and bridges except on the section of virons of the District of Columbia, Constitution Avenue east of 19th policed with the approval or concur- Street or on other roads and bridges rence of the head of the agency having designated by the Superintendent, or jurisdiction or control over such res- when authorized by a permit or when ervations, pursuant to the provisions of operated in compliance with paragraph the act of March 17, 1948 (62 Stat. 81). (f)(2) of this section. (b) Athletics—(1) Permits for organized (2) George Washington Memorial Park- games. Playing baseball, football, cro- way; passenger-carrying vehicles; permits; quet, tennis, and other organized fees. (i) Taxicabs licensed in the Dis- games or sports except pursuant to a trict of Columbia, Maryland, or Vir- permit and upon the grounds provided ginia, are allowed on any portion of the for such purposes, is prohibited. George Washington Memorial Parkway (2) Wet grounds. Persons holding a without a permit or payment of fees. permit to engage in athletics at certain (ii) Passenger-carrying vehicles for times and at places authorized for this hire or compensation, other than taxi- use are prohibited from exercising the cabs, having a seating capacity of not privilege of play accorded by the per- more than fourteen (14) passengers, ex- mit if the grounds are wet or otherwise cluding the operator, when engaged in unsuitable for play without damage to services authorized by concession the turf. agreement to be operated from the (3) Golf and tennis; fees. No person Washington National Airport and/or may use golf or tennis facilities with- Dulles International Airport, are al- out paying the required fee, and in lowed on any portion of the George compliance with conditions approved Washington Memorial Parkway in Vir- by the Regional Director. Trespassing, ginia without a permit or payment of intimidating, harassing or otherwise fees. However, when operating on a interfering with authorized golf play- sightseeing basis an operator of such a ers, or interfering with the play of ten- vehicle shall comply with paragraph nis players is prohibited. (f)(2)(iv) of this section. (4) Ice skating. Ice skating is prohib- (iii) Passenger-carrying vehicles for ited except in areas and at times des- hire or compensation, other than those ignated by the Superintendent. Skat- to which paragraphs (f)(2) (i) and (ii) of ing in such a manner as to endanger this section apply, are allowed on the

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George Washington Memorial Parkway cation by the operator of the total upon issuance of a permit by the Re- mileage operated upon the parkway. gional Director, under the following (iv) Sightseeing passenger-carrying conditions: vehicles for hire or compensation other (A) When operating on a regular than taxicabs may be permitted on the schedule: to provide passenger service George Washington Memorial Parkway on any portion between Mount Vernon upon issuance of a permit by the Re- and the Arlington Memorial Bridge, or gional Director, to provide sightseeing to provide limited direct nonstop pas- service on any portion of the parkway. senger service from Key Bridge to a Permits may be issued either on an an- terminus at the Central Intelligence nual basis for a fee of three dollars Agency Building at Langley, Virginia, ($3.00) for each passenger-carrying seat and direct return, or to provide limited in such vehicle; on a quarterly basis for direct nonstop passenger service from a fee of seventy-five cents (75) per seat; the interchange at Route 123 to a ter- or on a daily basis at the rate of one minus at the Central Intelligence dollar ($1.00) per vehicle per day. Agency Building at Langley, Virginia, (3) Taxicabs—(i) Operations around and direct return. Permittees shall file Memorials. Parking, except in des- a schedule of operation and all sched- ignated taxicab stands, or cruising on ule changes with the Regional Director the access roads to the Washington showing the number of such vehicles Monument, the Lincoln Memorial, the and total miles to be operated on the Jefferson Memorial, and the circular parkway. roads around the same, of any taxicab (B) When operating nonscheduled di- or hack without passengers is prohib- rect, nonstop service primarily for the ited. However, this section does not accommodation of air travelers arriv- prohibit the operation of empty cabs ing at or leaving from Dulles Inter- responding to definite calls for hack national Airport or Washington Na- service by passengers waiting at such tional Airport: between Dulles Inter- Memorials, or of empty cabs which national Airport and a terminal in have just discharged passengers at the Washington, DC, over the George entrances of the Memorials, when such Washington Memorial Parkway be- operation is incidental to the empty tween Virginia Route 123 and Key cabs’ leaving the area by the shortest Bridge; or between Washington Na- route. tional Airport and a terminal in Wash- (ii) Stands. The Superintendent may ington, D.C., over the George Wash- designate taxicab stands in suitable ington Memorial Parkway between and convenient locations to serve the Washington National Airport and 14th public. Street Bridge; or between Dulles Inter- (4) The provisions of this section pro- national Airport and Washington Na- hibiting commercial trucks and com- tional Airport over the George Wash- mon carriers do not apply within other ington Memorial Parkway between Federal reservations in the environs of Virginia Route 123 and Washington Na- the District of Columbia and do not tional Airport. Permittees shall file a apply on that portion of Suitland Park- report of all operations and total miles way between the intersection with operated on the George Washington Maryland Route 337 and the end of the Memorial Parkway with the Regional Parkway at Maryland Route 4, a length Director. of 0.6 mile. (C) Permits are issued to operators of (5) Parking. Violation of a traffic con- vehicles described in paragraphs trol device regulating parking is pun- (f)(2)(iii) (A) and (B) normally for a pe- ishable by fine. In any violation of a riod of one year, effective from July 1 traffic control device regulating park- until the following June 30, at the rate ing, proof that the described vehicle of one cent (1) per mile for each mile was parked in violation, together with each such vehicle operates upon the proof that the defendant was at the parkway. Payment shall be made quar- time the registered owner of the vehi- terly within twenty (20) days after the cle, shall constitute a prima facie pre- end of the quarter based upon a certifi- sumption that the registered owner of

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the vehicle was the person who com- cent thereto, within these bounds: on mitted the violation. the south, Constitution Avenue NW.; (g) Demonstrations and special events— on the north, E Street, NW.; on the (1) Definitions. (i) The term ‘‘dem- west, 17th Street NW.; and on the east, onstration’’ includes demonstrations, 15th Street NW. picketing, speechmaking, marching, (viii) The term ‘‘Regional Director’’ holding vigils or religious services and means the official in charge of the Na- all other like forms of conduct that in- tional Capital Region, National Park volve the communication or expression Service, U.S. Department of the Inte- of views or grievances, engaged in by rior, or an authorized representative one or more persons, the conduct of thereof. which is reasonably likely to draw a (ix) The term ‘‘other park areas’’ in- crowd or onlookers. This term does not cludes all areas, including sidewalks include casual park use by visitors or adjacent thereto, other than the White tourists that is not reasonably likely House area, administered by the Na- to attract a crowd or onlookers. tional Capital Region. (ii) The term ‘‘special events’’ in- (x) The term ‘‘Vietnam Veterans Me- cludes sports events, pageants, celebra- morial’’ means the structures and adja- tions, historical reenactments, regat- cent areas extending to and bounded by tas, entertainments, exhibitions, pa- the south curb of Constitution Avenue rades, fairs, festivals and similar on the north, the east curb of Henry events (including such events presented Bacon Drive on the west, the north side by the National Park Service), which of the north Reflecting Pool walkway are not demonstrations under para- on the south and a line drawn perpen- graph (g)(1)(i) of this section, and dicular to Constitution Avenue two which are engaged in by one or more hundred (200) feet from the east tip of persons, the conduct of which has the the memorial wall on the east (this is effect, intent or propensity to draw a also a line extended from the east side crowd or onlookers. This term also of the western concrete border of the does not include casual park use by visitors or tourists which does not have steps to the west of the center steps to an intent or propensity to attract a the Federal Reserve Building extending crowd or onlookers. to the Reflecting Pool walkway). (iii) The term ‘‘national celebration (2) Permit requirements. Demonstra- events’’ means the annually recurring tions and special events may be held special events regularly scheduled by only pursuant to a permit issued in ac- the National Capital Region, which are cordance with the provisions of this listed in paragraph (g)(4)(i) of this sec- section except: tion. (i) Demonstrations involving 25 per- (iv) The term ‘‘White House area’’ sons or fewer may be held without a means all park areas, including side- permit provided that the other condi- walks adjacent thereto, within these tions required for the issuance of a per- bounds; on the south, Constitution Av- mit are met and provided further that enue NW.; on the north, H Street NW.; the group is not merely an extension of on the east, 15th Street, NW.; and on another group already availing itself of the west, 17th Street NW. the 25-person maximum under this pro- (v) The term ‘‘White House sidewalk’’ vision or will not unreasonably inter- means the south sidewalk of Pennsyl- fere with other demonstrations or spe- vania Avenue NW., between East and cial events. West Executive Avenues NW. (ii) Demonstrations may be held in (vi) The term ‘‘Lafayette Park’’ the following park areas without a per- means the park areas, including side- mit provided that the conduct of such walks adjacent thereto, within these demonstrations is reasonably con- bounds: on the south, Pennsylvania Av- sistent with the protection and use of enue NW.; on the north, H Street NW.; the indicated park area and the other on the east, Madison Place NW.; and on requirements of this section. The nu- the west, Jackson Place NW. merical limitations listed below are ap- (vii) The term ‘‘Ellipse’’ means the plicable only for demonstrations con- park areas, including sidewalks adja- ducted without a permit in such areas.

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Larger demonstrations may take place receipt. However, where a permit has in these areas pursuant to a permit. been granted, or is deemed to have (A) Franklin Park. Thirteenth Street, been granted pursuant to this sub- between I and K Streets NW., for no section, the Regional Director may re- more than 500 persons. voke that permit pursuant to para- (B) McPherson Square. Fifteenth graph (g)(6) of this section. Street, between I and K Streets NW., (i) White House area. No permit may for no more than 500 persons. be issued authorizing demonstrations (C) U.S. Reservation No. 31. West of in the White House area, except for the 18th Street and south of H Street NW., White House sidewalk, Lafayette Park for no more than 100 persons. and the Ellipse. No permit may be (D) Rock Creek and Potomac Parkway. issued authorizing special events, ex- West of 23rd Street, south of P Street cept for the Ellipse, and except for an- NW., for no more than 1,000 persons. nual commemorative wreath-laying (E) U.S. Reservation No. 46. North side ceremonies relating to the statutes in of Pennsylvania Avenue, west of Lafayette Park. Eighth Street and south of D Street, (ii) Other park areas. Demonstrations SE., for no more than 25 persons and and special events are not allowed in south of D Street SE., for no more than the following other park areas: 25 persons. (A) The Washington Monument, (3) Permit applications. Permit appli- which means the area enclosed within cations may be obtained at the Divi- the inner circle that surrounds the sion of Permits Management, National Monument’s base, except for the offi- Mall and Memorial Parks, 900 Ohio cial annual commemorative Wash- Drive SW., Washington DC 20024. Appli- ington birthday ceremony. cants shall submit permit applications (B) The Lincoln Memorial, which in writing on a form provided by the means that portion of the park area National Park Service so as to be re- which is on the same level or above the ceived by the Regional Director at the base of the large marble columns sur- Division of Permits Management at rounding the structure, and the single least 48 hours in advance of any pro- series of marble stairs immediately ad- posed demonstration or special event. jacent to and below that level, except This 48-hour period will be waived by for the official annual commemorative the Regional Director if the size and Lincoln birthday ceremony. nature of the activity will not reason- (C) The Jefferson Memorial, which ably require the commitment of park means the circular portion of the Jef- resources or personnel in excess of that ferson Memorial enclosed by the outer- which are normally available or which most series of columns, and all por- can reasonably be made available with- tions on the same levels or above the in the necessary time period. The Re- base of these columns, except for the gional Director shall accept permit ap- official annual commemorative Jeffer- plications only during the hours of 8 son birthday ceremony. a.m.–4 p.m., Monday through Friday, (D) The Vietnam Veterans Memorial, holidays excepted. All demonstration except for official annual Memorial applications, except those seeking Day and Veterans Day commemorative waiver of the numerical limitations ap- ceremonies. plicable to Lafayette Park (paragraph (E) Maps of the park areas designated (g)(5)(ii) of this section), are deemed in this paragraph are as follows. The granted, subject to all limitations and darkened portions of the diagrams restrictions applicable to said park show the areas where demonstrations area, unless denied within 24 hours of or special events are prohibited.

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

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

The following event . . . Has priority use of the following area . . . At the following time . . .

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

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

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The Presidential Inaugural Committee During the following (E) Maps of designated portions of may use the following area . . . period . . . Pennsylvania Avenue, National His- (1) The White House sidewalk and La- November 1 toric Park and Sherman Park referred fayette Park. through March 1. to in paragraph (g)(4)(iii)(B) of this sec- (2) Pennsylvania Avenue, National His- December 7 toric Park and Sherman Park. through February tion are as follows: 10. (3) The National Mall between 14th and January 6 through 1st Streets. January 30.

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

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Except for Inaugural ceremony activi- (A) Maintains good order and self-dis- ties, no activity containing structures cipline in conducting the demonstra- is permitted closer than 50 feet to an- tion and any necessary movement of other activity containing structures persons; and without the mutual consent of the (B) Observes the numerical limita- sponsors of those activities. tions and waiver provisions described (v) NPS will issue a permit for a dem- in paragraphs (g)(5)(i) and (ii) of this onstration on the White House side- section. walk and in Lafayette Park at the (vi) NPS will issue permits author- same time only if the requirements of izing demonstrations or special events this paragraph are met. The organiza- for the periods shown in the following tion, group, or other sponsor of the table. NPS may extend these periods demonstration must undertake in good for demonstrations only, unless an- faith all reasonable action, including other application requests use of the the provision of sufficient marshals, to particular area and that application ensure that the sponsor: precludes double occupancy.

Park area Permit validity period Permit validity period for inaugural activities

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

(vii) A permit may be denied in writ- (5) Permit limitations. Issuance of a ing by the Regional Director upon the permit is subject to the following limi- following grounds: tations: (A) A fully executed prior application (i) No more than 750 persons are per- for the same time and place has been mitted to conduct a demonstration on received, and a permit has been or will the White House sidewalk at any one be granted authorizing activities which time. do not reasonably permit multiple oc- (ii) No more than 3,000 persons are cupancy of the particular area; in that permitted to conduct a demonstration event, an alternate site, if available for in Lafayette Park at any one time. the activity, will be proposed by the (A) The Regional Director may waive Regional Director to the applicant. the 3,000 person limitation for Lafay- (B) It reasonably appears that the ette Park and/or the 750 person limita- proposed demonstration or special tion for the White House Sidewalk event will present a clear and present upon a showing by the applicant that good faith efforts will be made to plan danger to the public safety, good order, and marshal the demonstration in such or health. a fashion so as to render unlikely any (C) The proposed demonstration or substantial risk of unreasonable dis- special event is of such a nature or du- ruption or violence. ration that it cannot reasonably be ac- (B) In making a waiver determina- commodated in the particular area ap- tion, the Regional Director shall con- plied for; in that event, the Regional sider and the applicant shall furnish at Director shall propose an alternate site least ten days in advance of the pro- to the applicant, if available for the ac- posed demonstration, the functions the tivity; in this connection, the Regional marshals will perform, the means by Director shall reasonably take into ac- which they will be identified, and their count possible damage to the park, in- method of communication with each cluding trees, shrubbery, other plant- other and the crowd. This requirement ings, park installations and statues. will be satisfied by completion and sub- (D) The application proposes activi- mission of the same form referred to in ties contrary to any of the provisions paragraph (g)(3) of this section. of this section or other applicable law (iii) No permit will be issued for a or regulation. demonstration on the White House

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Sidewalk and in Lafayette Park at the trical and other sensitive equipment or same time except when the organiza- displays. Temporary structures may tion, group, or other sponsor of such not be used outside designated camping demonstration undertakes in good areas for living accommodation activi- faith all reasonable action, including ties such as sleeping, or making prep- the provision of sufficient marshals, to arations to sleep (including the laying insure good order and self-discipline in down of bedding for the purpose of conducting such demonstration and sleeping), or storing personal belong- any necessary movement of persons, so ings, or making any fire, or doing any that the numerical limitations and digging or earth breaking or carrying waiver provisions described in para- on cooking activities. The above-listed graphs (g)(5) (i) and (ii) of this section activities constitute camping when it are observed. reasonably appears, in light of all the (iv) The Regional Director may re- circumstances, that the participants, strict demonstrations and special in conducting these activities, are in events weekdays (except holidays) be- fact using the area as a living accom- tween the hours of 7:00 to 9:30 a.m. and modation regardless of the intent of 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid unreasonable inter- the participants or the nature of any ference with rush-hour traffic. other activities in which they may also (v) Special events are not permitted be engaging. Temporary structures are unless approved by the Regional Direc- permitted to the extent described tor. In determining whether to approve above, provided prior notice has been a proposed special event, the Regional given to the Regional Director, except Director shall consider and base the de- that: termination upon the following cri- (A) Structures are not permitted on teria: the White House sidewalk. (A) Whether the objectives and pur- (B) All such temporary structures poses of the proposed special event re- shall be erected in such a manner so as late to and are within the basic mis- not to harm park resources unreason- sion and responsibilities of the Na- ably and shall be removed as soon as tional Capital Region, National Park practicable after the conclusion of the Service. permitted demonstration or special (B) Whether the park area requested event. is reasonably suited in terms of acces- (C) The Regional Director may im- sibility, size, and nature of the propose reasonable restrictions upon the posed special event. use of temporary structures in the in- (C) Whether the proposed special terest of protecting the park areas in- event can be permitted within a rea- volved, traffic and public safety consid- sonable budgetary allocation of Na- erations, and other legitimate park tional Park Service funds considering value concerns. the event’s public appeal, and the anticipated participation of the general (D) Any structures utilized in a dem- public therein. onstration extending in duration be- (D) Whether the proposed event is du- yond the time limitations specified in plicative of events previously offered in paragraphs (g)(5)(iv) (A) and (B) of this National Capital Region or elsewhere section shall be capable of being re- in or about Washington, DC. moved upon 24 hours notice and the (E) Whether the activities con- site restored, or, the structure shall be templated for the proposed special secured in such a fashion so as not to event are in conformity with all appli- interfere unreasonably with use of the cable laws and regulations. park area by other permittees author- (vi) In connection with permitted ized under this section. demonstrations or special events, tem- (E) Individuals or groups of 25 per- porary structures may be erected for sons or fewer demonstrating under the the purpose of symbolizing a message small group permit exemption of para- or meeting logistical needs such as graph (g)(2)(i) of this section are not al- first aid facilities, lost children areas lowed to erect temporary structures or the provision of shelter for elec- other than small lecterns or speakers’

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platforms. This provision does not re- speaker’s platform as is reasonably restrict the use of portable signs or ban- quired to serve the demonstration par- ners. ticipants is allowed as long as such (vii) No signs or placards shall be per- platform is being erected, dismantled mitted on the White House sidewalk or used, provided that only one speak- except those made of cardboard, er’s platform is allowed per dem- posterboard or cloth having dimensions onstrating group, and provided further no greater than three feet in width, that such speaker’s platform is author- twenty feet in length, and one-quarter ized by a permit issued pursuant to inch in thickness. No supports shall be paragraph (g) of this section. permitted for signs or placards except (3) When less than one hundred (100) those made of wood having cross-sec- persons are participating in a dem- tional dimensions no greater than onstration in the Park, a temporary three-quarter of an inch by three-quar- ‘‘soapbox’’ speaker’s platform is alter of an inch. Stationary signs or plac- lowed as long as such platform is being ards shall be no closer than three feet erected, dismantled or used, providing from the White House sidewalk fence. that only one speaker’s platform is al- All signs and placards shall be attended lowed per demonstrating group, and at all times that they remain on the provided further that the speaker’s plat- White House sidewalk. Signs or plac- form is no larger than three (3) feet in ards shall be considered to be attended length, three (3) feet in width, and only when they are in physical contact three (3) feet in height, and provided with a person. No signs or placards further that such speaker’s platform is shall be tied, fastened, or otherwise at- authorized by a permit issued pursuant tached to or leaned against the White to paragraph (g) of this section. House fence, lamp posts or other struc- (4) For the purpose of this section, tures on the White House sidewalk. No the term ‘‘structure’’ includes props signs or placards shall be held, placed and displays, such as coffins, crates, or set down on the center portion of crosses, theaters, cages, and statues; the White House sidewalk, comprising furniture and furnishings, such as ten yards on either side of the center desks, chairs, tables, bookcases, cabi- point on the sidewalk; Provided, how- nets, platforms, podiums and lecterns; ever, that individuals may demonstrate shelters, such as tents, boxes and other while carrying signs on that portion of enclosures; wagons and carts; and all the sidewalk if they continue to move other similar types of property which along the sidewalk. might tend to harm park resources in- (viii) No parcel, container, package, cluding aesthetic interests. Provided bundle or other property shall be however that the term ‘‘structure’’ does placed or stored on the White House not include signs; bicycles, baby car- sidewalk or on the west sidewalk of riages and baby strollers lawfully in East Executive Avenue NW., between the Park that are temporarily placed Pennsylvania Avenue NW., and E in, or are being moved across, the Street NW., or on the north sidewalk of Park, and that are attended at all E Street NW., between East and West times while in the Park (the term ‘‘at- Executive Avenues NW.; Provided, how- tended’ is defined as an individual ever, that such property, except struc- being within three (3) feet of his or her tures, may be momentarily placed or bicycle, baby carriage or baby stroller); set down in the immediate presence of and wheelchairs and other devices for the owner on those sidewalks. the handicapped in use by handicapped (ix) The following are prohibited in persons. Lafayette Park: (B) The use of signs except for the (A) The erection, placement or use of following: structures of any kind except for the (1) Hand-carried signs are allowed re- following: gardless of size. (1) Structures that are being hand- (2) Signs that are not being hand-car- carried are allowed. ried and that are no larger than four (4) (2) When one hundred (100) or more feet in length, four (4) feet in width and persons are participating in a dem- one-quarter (1⁄4) inch in thickness (ex- onstration in the Park, a temporary clusive of braces that are reasonably

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required to meet support and safety re- nearby areas by other persons, and quirements and that are not used so as other legitimate park value concerns. to form an enclosure of two (2) or more (xiii) A permit issued under this sec- sides) may be used in Lafayette Park, tion does not authorize activities out- provided that no individual may have side of areas under administration by more than two (2) such signs in the the National Capital Region. Appli- Park at any one time, and provided fur- cants may also be required to obtain a ther that such signs must be attended permit from the District of Columbia at all times (the term ‘‘attended’ is de- or other appropriate governmental en- fined as an individual being within tity for demonstrations or special three (3) feet of his or her sign(s)), and events sought to be conducted either provided further that such signs may not wholly or in part in other than park be elevated in a manner so as to exceed areas. a height of six (6) feet above the ground (6) Permit revocation. A permit issued at their highest point, may not be ar- for a demonstration is revocable only ranged or combined in a manner so as upon a ground for which an application to exceed the size limitations set forth therefor would be subject to denial in this paragraph, and may not be ar- under paragraphs (g) (4) or (5) of this ranged in such a fashion as to form an section. Any such revocation, prior to enclosure of two (2) or more sides. For the conduct of the demonstration, shall example, under this provision, two be in writing and shall be approved by four-feet by four-feet signs may not be the Regional Director. During the con- combined so as to create a sign eight duct of a demonstration, a permit may feet long and four feet wide, and three be revoked by the ranking U.S. Park such signs may not be arranged to cre- Police supervisory official in charge if ate a sign four feet long and twelve feet continuation of the event presents a wide, and two or more signs of any size clear and present danger to the public may not be leaned or otherwise placed safety, good order or health or for any together so as to form an enclosure of violation of applicable law or regula- two or more sides, etc. tion. A permit issued for a special (x) Stages and sound amplification event is revocable, at any time, in the may not be placed closer than one hun- reasonable discretion of the Regional dred (100) feet from the boundaries of Director. the Vietnam Veterans Memorial and (7) Further information on admin- sound systems shall be directed away istering these regulations can be found from the memorial at all times. in policy statements published at 47 FR (xi) Sound amplification equipment 24299, June 4, 1982, and at 47 FR 24302, is allowed in connection with per- June 4, 1982. Copies of the policy state- mitted demonstrations or special ments may be obtained from the Re- events, provided prior notice has been gional Director. given to the Regional Director, except (h) Soliciting. (1) The in-person solic- that: iting or demanding of money or funds (A) Sound amplification equipment for donation on Federal park land is may not be used on the White House prohibited, unless it occurs as part of a sidewalk, other than hand-portable permit issued for a demonstration or sound amplification equipment which special event. the Regional Director determines is (2) Persons permitted to solicit must necessary for crowd-control purposes. not: (B) The Regional Director reserves (i) Give false or misleading informa- the right to limit the sound amplifi- tion regarding their purposes or affili- cation equipment so that it will not ations; unreasonably disturb nonparticipating (ii) Give false or misleading informa- persons in, or in the vicinity of, the tion as to whether any item is avail- area. able without donation. (xii) A permit may contain addi- (i) Camping. (1) Camping is defined as tional reasonable conditions and addi- the use of park land for living accom- tional time limitations, consistent modation purposes such as sleeping ac- with this section, in the interest of tivities, or making preparations to protecting park resources, the use of sleep (including the laying down of

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bedding for the purpose of sleeping), or stand or structure may consist of one storing personal belongings, or making table per site, which may be no larger any fire, or using any tents or shelter than 21⁄2 feet by 8 feet or 4 feet by 4 or other structure or vehicle for sleep- feet. The dimensions of a sales site ing or doing any digging or earth may not exceed 6 feet wide by 15 feet breaking or carrying on cooking activi- long by 6 feet high. With or without a ties. The above-listed activities con- permit, such sale or distribution is pro- stitute camping when it reasonably ap- hibited in the following areas: pears, in light of all the circumstances, (i) Lincoln Memorial area which is on that the participants, in conducting the same level or above the base of the these activities, are in fact using the large marble columns surrounding the area as a living accommodation regard- structure, and the single series of mar- less of the intent of the participants or ble stairs immediately adjacent to and the nature of any other activities in below that level. which they may also be engaging. (ii) Jefferson Memorial area enclosed Camping is permitted only in areas by the outermost series of columns, designated by the Superintendent, who and all portions on the same levels or may establish limitations of time al- above the base of these columns. lowed for camping in any public camp- (iii) Washington Monument area en- ground. Upon the posting of such limi- closed within the inner circle that sur- tations in the campground, no person rounds the Monument’s base. shall camp for a period longer than (iv) The interior of all park buildings, that specified for the particular campground. including, but not limited to, those (2) Further information on admin- portions of Ford’s Theatre adminis- istering these regulations can be found tered by the National Park Service. in policy statements published at 47 FR (v) The White House Park area 24302 (June 4, 1982). Copies of the policy bounded on the north by H Street, NW; statements may be obtained from the on the south by Constitution Avenue, Regional Director. NW; on the west by 17th Street, NW; (j)(1) In Lafayette Park the storage and on the east by 15th Street, NW; ex- of construction material, tools, lum- cept for Lafayette Park, the White ber, paint, tarps, bedding, luggage, pil- House sidewalk (the south Pennsyl- lows, sleeping bags, food, clothing, lit- vania Avenue, NW sidewalk between erature, papers and all other similar East and West Executive Avenues) and property is prohibited. the Ellipse; Provided, however, that the (2) Notwithstanding (j)(1) of this sec- free distribution of literature con- tion, a person in Lafayette Park may ducted without the aid of stands or have literature, papers, food, clothing, structures, is permitted on East Execu- blankets and a reasonable cover to pro- tive Avenue. tect such property, occupying up to (vi) Vietnam Veterans Memorial area three (3) cubic feet of space, so long as extending to and bounded by the south such property is attended at all times curb of Constitution Avenue on the while in the Park (the term ‘‘attended’’ north, the east curb of Henry Bacon is defined as a person being within Drive on the west, the north side of the three (3) feet of his or her property). north Reflecting Pool walkway on the (k) Sales. (1) No sales shall be made south and a line drawn perpendicular nor admission fee charged and no arti- to Constitution Avenue two hundred cle may be exposed for sale without a (200) feet from the east tip of the me- permit except as noted in the following morial wall on the east (this is also a paragraphs. line extended from the east side of the (2) No merchandise may be sold dur- western concrete border of the steps to ing the conduct of special events or the west of the center steps to the Fed- demonstrations except for books, news- eral Reserve Building extending to the papers, leaflets, pamphlets, buttons Reflecting Pool walkway); Provided, and bumper stickers. A permit is re- however, that the free distribution of quired for the sale or distribution of literature conducted without the aid of permitted merchandise when done with stands or structures, is permitted on the aid of a stand or structure. Such the Constitution Avenue and Henry

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Bacon Drive sidewalks adjacent to the demonstrations and special events in Vietnam Veterans Memorial. order to assist in the provision of secu- (3) Persons engaged in the sale or dis- rity and logistical support. This infor- tribution of printed matter under this mation will be used to further those section shall not obstruct or impede purposes. The obligation is required to pedestrians or vehicles, harass park obtain a benefit. visitors with physical contact, mis- [51 FR 37011, Oct. 17, 1986, as amended at 57 represent the purposes or affiliations of FR 4576, Feb. 6, 1992; 57 FR 29797, July 7, 1992; those engaged in the sale or distribu- 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28, tion, or misrepresent whether the 1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, printed matter is available without June 3, 1997; 62 FR 32203, June 13, 1997; 72 FR cost or donation. 54843, Sept. 27, 2007; 73 FR 67744, Nov. 17, 2008; (l) Rock Creek Park. (1) Notwith- 75 FR 8807, Feb. 26, 2010; 76 FR 17028, Mar. 28, standing the provisions of 36 CFR 5.1, 2011; 78 FR 14678, Mar. 7, 2013] the Superintendent of Rock Creek Park may permit the recognition of § 7.97 Golden Gate National Recre- ation Area. and the advertising by the primary sponsor or sponsors of not more than (a) Boat landings—Alcatraz Island. Ex- two professional tennis tournaments cept in emergencies, the docking of per year at the Rock Creek Tennis Cen- any privately-owned vessel, as defined ter. in § 1.4 of this chapter, or the landing of (2) All activities conducted under any person at Alcatraz Island without this paragraph shall be appropriate to a permit or contract is prohibited. The park values and consistent with the Superintendent may issue a permit protection of park resources and shall upon a determination that the appli- comply with criteria specified in a cant’s needs cannot be provided by au- written permit. thorized commercial boat transpor- (3) Any permit issued under this tation to Alcatraz Island and that the paragraph shall be valid only for those proposed activities of the applicant are periods of time during which a profes- compatible with the preservation and sional tennis tournament is being held, protection of Alcatraz Island. and shall limit all advertising and rec- (b) Powerless flight. The use of devices ognition to the confines of the tennis designed to carry persons through the stadium structure and the contiguous air in powerless flight is allowed at paved plaza, not to include any of the times and locations designated by the fields or paved parking lots except superintendent, pursuant to the terms within the interior of permitted tents and conditions of a permit. on Parking Lot A. These areas shall be (c) Designated bicycle routes. The use marked on a map available in the Su- of a bicycle is permitted according to perintendent’s office. § 4.30 of this chapter and, in non-devel- (4) No advertising or recognition ac- oped areas, as follows: tivities may take place without a writ- (1) Bicycle use is permitted on routes ten permit as specified in this para- which have been designated by the Su- graph. Any person who violates a pro- perintendent as bicycle routes by the vision of this paragraph is subject to posting of signs, and as designated on the penalty provisions of 36 CFR 1.3 maps which are available in the office and revocation of the permit if a per- of the superintendent and other places mit exists. convenient to the public. (m) Information collection. The infor- (2) Bicycle speed limits are as fol- mation collection requirements con- lows: tained in this section have been ap- (i) 15 miles per hour: Upon all des- proved by the Office of Management ignated routes in Golden Gate National and Budget under 44 U.S.C. 3507 and as- Recreation Area. signed clearance number 1024–0021. The (ii) 5 miles per hour: On blind curves information is being collected to pro- and when passing other trail users. vide notification to park managers, (3) The following are prohibited: United States Park Police, Metropoli- (i) The possession of a bicycle on tan Police, and the Secret Service of routes not designated as open to bicy- the plans of organizers of large-scale cle use.

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(ii) Operating a bicycle on designated established, State-approved snow- bicycle routes between sunset and sun- mobile trails in Maine, New Hamp- rise without exhibiting on the bicycle shire, Vermont, Massachusetts and or on the operator an activated white Connecticut that are allowed by deeded light that is visible from a distance of right-of-way reserved by the seller or at least 500 feet to the front and with a by public road right-of-way. You may red light or reflector visible from at also cross National Park Service ad- least 200 feet to the rear. ministered lands within the Appa- (d) Dogs—Crissy Field and Ocean lachian National Scenic Trail corridor Beach Snowy Plover Areas. (1) Dogs at the following locations: must be restrained on a leash not more (2) Nahmakanta Lake Spur—The spur than six feet in length starting July 1 and ending May 15, in the following snowmobile route that leads from areas: Maine Bureau of Parks and Lands (i) Crissy Field Wildlife Protection Debsconeag Pond Road to the south- Area (WPA): Dog walking restricted to eastern shore of Nahmakanta Lake. on-leash only in the area encompassing (3) Lake Hebron to Blanchard-Shirley the shoreline and beach north of the Road Spur—The spur snowmobile route Crissy Field Promenade (excluding the that leads from Lake Hebron near Mon- paved parking area, sidewalks and son, Maine to the Maine Inter- grass lawn of the former Coast Guard connecting Trail System Route 85 near Station complex) that stretches east the Blanchard-Shirley Road. from the Torpedo Wharf to approxi- (4) Massachusetts Turnpike to Lower mately 700 feet east of the former Goose Pond Crossing—That part of the Coast Guard station, and all tidelands Massachusetts Interconnecting Trail and submerged lands to 100 yards off- System Route 95 from the Massachu- shore. setts Turnpike Appalachian Trail (ii) Ocean Beach Snowy Plover Pro- Bridge to the northeastern shore of tection Area (SPPA): Dog walking re- Lower Goose Pond. stricted to on-leash only in the area (5) Temporary crossings of National which encompasses the shoreline and Park Service administered Appa- beach area west of the GGNRA boundary, between Stairwell 21 to Sloat Bou- lachian Trail corridor lands may be levard, including all tidelands and sub- designated by the Park Manager in the merged lands to 1,000 feet offshore. Superintendent’s Compendium of Or- (2) Notice of these annual restric- ders when designated snowmobile tions will be provided through the post- routes are temporarily dislocated by ing of signs at the sites, on maps iden- timber haul road closures. tifying the restricted areas on the (6) Maps that show the crossings of park’s official website and through National Park Service administered maps made available at other places lands within the Appalachian National convenient to the public. Scenic Trail may be obtained from the [38 FR 32931, Nov. 29, 1973, as amended at 49 Park Manager, Appalachian National FR 18452, Apr. 30, 1984; 57 FR 58716, Dec. 11, Scenic Trail, Harpers Ferry Center, 1992; 73 FR 54321, Sept. 19, 2008] Harpers Ferry, West Virginia 25425. (c) Is powerless flight permitted? The § 7.100 Appalachian National Scenic use of devices designed to carry persons Trail. through the air in powerless flight is (a) What activities are prohibited? (1) allowed at times and locations des- The use of bicycles, motorcycles or ignated by the Park Manager, pursuant other motor vehicles is prohibited. The to the terms and conditions of a per- operation of snowmobiles is addressed mit. in paragraph (b). (2) The use of horses or pack animals [67 FR 8481, Feb. 25, 2002] is prohibited, except in locations designated for their use. (b) Where can I operate my snowmobile? (1) You may cross the Appalachian Na- tional Scenic Trail corridor by using

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PART 8—LABOR STANDARDS APPLI- § 8.2 Basis and purpose. CABLE TO EMPLOYEES OF NA- The public using the national parks TIONAL PARK SERVICE CONCES- is better served when the employees of SIONERS the concessioners enjoy the benefits of fair labor standards and when, in this Sec. respect, they are treated at least as 8.1 Definitions. well as those employed in similar occu- 8.2 Basis and purpose. pations outside such areas, but within 8.3 Applicability. the same State. This principle is the 8.4 Federal and State labor laws. basis of the regulations in this part and 8.5 Access for investigators. their purpose is its implementation. 8.6 Complaints; appeal. 8.7 Record keeping. § 8.3 Applicability. 8.8 Filing of labor agreements. 8.9 Posting of regulations. This part shall not apply to: (a) Concessioners providing and oper- AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k). ating medical services. SOURCE: 24 FR 11053, Dec. 30, 1959, unless (b) Personal servants. otherwise noted. (c) Employees engaged in agricultural activities, including the care, § 8.1 Definitions. handling, and feeding of livestock. As used in this part: (d) Detectives, watchmen, guards, (a) National park includes a national and caretakers. monument or other area under the ad- (e) Bona fide executives or depart- ministrative jurisdiction of the Na- ment heads. tional Park Service of the Department (f) Solicitors or outside salesmen of the Interior. whose compensation is chiefly on a (b) Concessioner includes any indi- commission basis. vidual, partnership, corporation, or (g) Professional sports instructors other business entity engaged in oper- and entertainers. ating facilities within or without a na- (h) The following employees, when tional park for the accommodation of approved by the Director: Employees visitors to the park under a contract for whom relief is clearly impracti- with or permit from the Secretary or cable because of peculiar conditions the Director. arising from the fact that operations (c) Employee includes any individual are carried on in areas having no resi- employed by a concessioner in connec- dent population or are located at long tion with operations covered by a con- distances from a supply of available tract with or permit from the Sec- labor; employees whose employment retary or the Director. requires special or technical training (d) Executive or department head in- or skill, where no person capable of cludes any employee whose primary providing relief is available within a duty is the management of the busi- reasonable distance; employees in ness of the concessioner, or a custom- small units accessible only by trail or arily recognized department thereof, remote from centers of activity, or op- and who customarily and regularly di- erating on a small volume of business rects the work of other employees with primarily for the convenience of the authority to employ and discharge public. other employees, or whose suggestions and recommendations as to the em- § 8.4 Federal and State labor laws. ployment, discharge, advancement or A concessioner shall comply with all promotion of such employees will be standards established pursuant to Fed- given particular weight by the conces- eral or State labor laws, such as those sioner, and who customarily and regu- concerning minimum wages, child larly exercises discretionary powers. labor, hours of work, and safety, that (e) State means any State, Territory, apply in the State in which the conces- possession, or the District of Columbia. sion facility is located. All conces- [24 FR 11053, Dec. 30, 1959, as amended at 62 sioners shall comply with Federal child FR 30234, June 3, 1997] labor regulations regardless of their

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annual volume of business or any other and such other information concerning exemptions provided by Federal law. employees as the Director may require. [51 FR 24656, July 8, 1986] [24 FR 11053, Dec. 30, 1959. Redesignated at 51 FR 24656, July 8, 1986] § 8.5 Access for investigators. Concessioners shall permit represent- § 8.8 Filing of labor agreements. atives of this Department and, when Within 60 days after the effective appropriate and authorized representa- date of the regulations in this part tives of other Federal or State agen- (January 1, 1949), concessioners shall cies, access to any of their places of file with the Director of the National employment for the purpose of exam- Park Service a copy of each labor ining pay rolls and other records and agreement in effect on the effective otherwise to ascertain the facts with date of the regulations in this part, respect to compliance with the regula- covering rates of pay, hours of work, tions in this part and State labor laws. and conditions of employment duly ne- The report of any investigation con- gotiated with their employees as a cerning a violation of the regulations whole or by class, craft, or other appro- in this part shall be submitted to the priate unit. Thereafter, on July 1 of superintendent of the national park in- each year concessioners shall file cop- volved. ies of all such agreements then in effect with the Director of the National [24 FR 11053, Dec. 30, 1959. Redesignated at 51 Park Service. FR 24656, July 8, 1986] [24 FR 11053, Dec. 30, 1959. Redesignated at 51 § 8.6 Complaints; appeal. FR 24656, July 8, 1986] Any question pertaining to the interpretation or application of or compli- § 8.9 Posting of regulations. ance with this part which cannot be Concessioners shall post in a con- satisfactorily settled between a conces- spicuous place easily accessible to all sioner and his employee, employees, or employees copies of the regulations in employee representative may be re- this part in such form as the Director ferred for review by any of the parties may approve. concerned to the Director, National [24 FR 11053, Dec. 30, 1959. Redesignated at 51 Park Service. Any person adversely af- FR 24656, July 8, 1986] fected by the decision of the Director, National Park Service, may appeal to the Director, Office of Hearings and PART 9—MINERALS MANAGEMENT Appeals, in accordance with the general rules set forth in Department Subpart A—Mining and Mining Claims Hearings and Appeals Procedures, 43 Sec. CFR part 4, subpart B, and the special 9.1 Purpose and scope. procedural rules in subpart G of 43 CFR 9.2 Definitions. part 4, applicable to proceedings in ap- 9.3 Access permits. peals cases which do not lie within the 9.4 Surface disturbance moratorium. appellate jurisdiction of an established 9.5 Recordation. Appeals Board of the Office of Hearings 9.6 Transfers of interest. and Appeals. 9.7 Assessment work. [36 FR 7184, Apr. 15, 1971. Redesignated at 51 9.8 Use of water. FR 24656, July 8, 1986] 9.9 Plan of operations. 9.10 Plan of operations approval. § 8.7 Record keeping. 9.11 Reclamation requirements. 9.12 Supplementation or revision of plan of Concessioners shall for a period of 3 operations. years keep records of the name, age, 9.13 Performance bond. address, and occupation of each of their 9.14 Appeals. employees, the rate of pay and the 9.15 Use of roads by commercial vehicles. amount paid to each employee each 9.16 Penalties. pay day, the hours worked each day 9.17 Public inspection of documents. and each work week by each employee 9.18 Surface use and patent restrictions.

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Subpart B—Non-Federal Oil and Gas Rights 9.87 What additional information must be included if I am proposing geophysical PURPOSE AND SCOPE exploration? 9.88 What additional information must be 9.30 What is the purpose and scope of this included if I am proposing drilling oper- subpart? ations? 9.31 When does this subpart apply to me? 9.89 What additional information must be 9.32 What authorization do I need to con- included if I am proposing well stimula- duct operations? tion operations, including hydraulic frac- 9.33 If am already operating under an NPS turing? authorization, what do I need to do? 9.90 What additional information must be DEFINITIONS included if I am proposing production operations? 9.40 What do the terms used in this subpart mean? OPERATIONS PERMIT: APPLICATION REVIEW PROCESS PREVIOUSLY EXEMPT OPERATIONS 9.100 How will NPS process my application? 9.50 Do I need an operations permit for my 9.101 How will the NPS conduct initial re- previously exempt operations? view? 9.51 How do I apply for my operations per- 9.102 How will the NPS conduct formal remit? view? 9.52 What will the NPS do with my applica- 9.103 What standards must be met to ap- tion? prove my operations permit? 9.53 May I continue to operate while the 9.104 What final actions may the Regional NPS reviews my application? Director take on my operations permit? 9.105 What is the approval process for oper- TEMPORARY ACCESS PERMITS ations in Big Cypress National Preserve? 9.60 When do I need a temporary access per- OPERATING STANDARDS mit? 9.61 How do I apply for a temporary access 9.110 What are the purposes and functions of permit? NPS operating standards? 9.62 When will the NPS grant a temporary 9.111 What general facility design and man- access permit? agement standards must I meet? 9.63 How long will I have to conduct my re- 9.112 What hydrologic standards must I connaissance surveys? meet? 9.113 What safety standards must I meet? ACCESSING OIL AND GAS RIGHTS FROM A SUR- 9.114 What lighting and visual standards FACE LOCATION OUTSIDE THE SYSTEM UNIT must I meet? BOUNDARY 9.115 What noise reduction standards must I 9.70 Do I need an operations permit for ac- meet? cessing oil and gas rights from outside 9.116 What reclamation and protection the System unit boundary? standards must I meet? 9.71 What information must I submit to the 9.117 What additional operating standards NPS? apply to geophysical operations? 9.72 How will the NPS act on my submis- 9.118 What additional operating standards sion? apply to drilling, stimulation, and pro- 9.73 If I don’t need an operations permit, duction operations? are there still requirements that I must meet? GENERAL TERMS AND CONDITIONS 9.120 What terms and conditions apply to OPERATIONS PERMIT: APPLICATION CONTENTS all operators? 9.80 Who must apply for an operations per- 9.121 What monitoring and reporting is remit? quired for all operators? 9.81 May I use previously submitted infor- 9.122 What additional reports must I submit mation? if my operation includes hydraulic frac- 9.82 What must I include in my application? turing? 9.83 What information must be included in ACCESS TO OIL AND GAS RIGHTS all applications? 9.84 Existing conditions and proposed area 9.130 May I cross Federal property to reach of operations. the boundary of my oil and gas right? 9.85 Environmental conditions and mitiga- 9.131 Will the NPS charge me a fee for action actions. cess? 9.86 Spill control and emergency prepared- 9.132 Will I be charged a fee for emergency ness plan. access to my operations?

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FINANCIAL ASSURANCE 9.304 Application requirements. 9.305 Environmental compliance. 9.140 Do I have to provide financial assur- 9.306 Application review process and ap- ance to the NPS? proval standards. 9.141 How does the NPS establish the 9.307 Permitting requirements and stand- amount of financial assurance? 9.142 Will the NPS adjust my financial as- ards. surance? 9.308 Permit modification, suspension, and 9.143 When will the NPS release my finan- cancellation. cial assurance? 9.309 Appeals. 9.144 Under what circumstances will the NPS retain my financial assurance? Subpart A—Mining and Mining

MODIFICATION TO AN OPERATION Claims 9.150 How can an approved permit be modified? AUTHORITY: Mining Law of 1872 (R.S. 2319; 30 U.S.C. 21 et seq.); Act of August 25, 1916 (39 CHANGE OF OPERATOR Stat. 535, as amended (16 U.S.C. 1 et seq.); Act of September 28, 1976; 90 Stat. 1342 (16 U.S.C. 9.160 What are my responsibilities if I trans- 1901 et seq.)). fer my operations? 9.161 What must I do if operations are trans- SOURCE: 42 FR 4835, Jan. 26, 1977, unless ferred to me? otherwise noted.

WELL PLUGGING § 9.1 Purpose and scope. 9.170 When must I plug my well? These regulations control all activi- 9.171 Can I get an extension to the well ties within units of the National Park plugging requirement? System resulting from the exercise of PROHIBITIONS AND PENALTIES valid existing mineral rights on pat- 9.180 What acts are prohibited under this ented or unpatented mining claims subpart? without regard to the means or route 9.181 What enforcement actions can the by which the operator gains access to NPS take? the claim. The purpose of these regula- 9.182 How do violations affect my ability to tions is to insure that such activities obtain a permit? are conducted in a manner consistent RECONSIDERATION AND APPEALS with the purposes for which the Na- tional Park System and each unit 9.190 Can I, as operator, request reconsider- thereof were created, to prevent or ation of NPS decisions? 9.191 How does the NPS process my request minimize damage to the environment for reconsideration? or other resource values, and to insure 9.192 Can I appeal the Regional Director’s that the pristine beauty of the units is decision? preserved for the benefit of present and 9.193 Will filing a request for reconsider- future generations. These regulations ation or appeal stop the NPS from taking apply to all operations, as defined here- action under this subpart? in, conducted within the boundaries of 9.194 What if the original decision was made by the Superintendent? any unit of the National Park System. [53 FR 25162, July 2, 1988] PUBLIC PARTICIPATION 9.200 How can the public participate in the § 9.2 Definitions. approval process? The terms used in this part shall INFORMATION COLLECTION have the following meanings: 9.210 Has the Office of Management and (a) Secretary. The Secretary of the In- Budget approved the information collec- terior. tion requirements? (b) Operations. All functions, work and activities in connection with min- Subpart C—Alaska Mineral Resource ing on claims, including: prospecting, Assessment Program exploration, surveying, development and extraction; dumping mine wastes 9.300 Purpose. 9.301 Scope and applicability. and stockpiling ore; transport or proc- 9.302 Definitions. essing of mineral commodities; rec- 9.303 Coordination of AMRAP activities in lamation of the surface disturbed by National Park System units. such activities; and all activities and

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uses reasonably incident thereto, in- 1.5 to be open for the use of the public cluding construction or use of roads or or an operator. other means of access on National (n) Production. Number of tons of a Park System lands, regardless of marketable mineral extracted from a whether such activities and uses take given operation. place on Federal, State, or private [42 FR 4835, Jan. 26, 1977, as amended at 60 lands. FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, (c) Operator. A person conducting or 1997] proposing to conduct operations. (d) Person. Any individual, partner- § 9.3 Access permits. ship, corporation, association, or other (a) All special use or other permits entity. dealing with access to and from claims (e) Superintendent. The Super- within any unit are automatically re- intendent, or his designee, of the unit voked 120 days after January 26, 1977. of the National Park System con- All operators seeking new or continued taining claims subject to these regula- access to and from a claim after that tions. date must file for new access permits (f) Surface mining. Mining in surface in accordance with these regulations, excavations, including placer mining, unless access to a mining claim is by mining in open glory-holes or mining pack animal or foot. (See § 9.7 for re- pits, mining and removing ore from strictions on assessment work and open cuts, and the removal of capping § 9.9(d) and § 9.10(g) for extensions of or overburden to uncover ore. permits.) (g) The Act. The Act of September 28, (b) Prior to the issuance of a permit 1976, 90 Stat. 1342, 16 U.S.C. 1901 et seq. for access to any claim or claims, the (h) Commercial vehicle. Any motorized operator must file with the Super- equipment used for transporting the intendent a plan of operations pursu- product being mined or excavated, or ant to § 9.9. No permit shall be issued for transporting heavy equipment used until the plan of operations has been in mining operations. approved in accordance with § 9.10. (i) Unit. Any National Park System (c) No access to claims outside a unit area containing a claim or claims sub- will be permitted across unit lands un- ject to these regulations. less such access is by foot, pack ani- (j) Claimant. The owner, or his legal mal, or designated road. Persons using representative, of any claim lying such roads for access to such claims within the boundaries of a unit. must comply with the terms of § 9.15 (k) Claim. Any valid, patented or where applicable. unpatented mining claim, mill site, or (d) In units of the National Park Sys- tunnel site. tem in Alaska, regulations at 43 CFR (l) Significantly disturbed for purposes part 36 govern access to claims, and the of mineral extraction. Land will be con- provisions of 36 CFR 9.3 (a), (b) and (c) sidered significantly disturbed for pur- are inapplicable. poses of mineral extraction when there has been surface extraction of commer- [42 FR 4835, Jan. 26, 1977, as amended at 53 cial amounts of a mineral, or signifi- FR 25162, July 5, 1988] cant amounts of overburden or spoil have been displaced due to the extrac- § 9.4 Surface disturbance moratorium. tion of commercial amounts of a min- (a) For a period of four years after eral. Extraction of commercial September 28, 1976, no operator of a amounts is defined as the removal of claim located within the boundaries of ore from a claim in the normal course Death Valley National Monument, of business of extraction for processing Mount McKinley National Park, or or marketing. It does not encompass Organ Pipe Cactus National Monument the removal of ore for purposes of test- (see also claims subject to § 9.10(a)(3)) ing, experimentation, examination or shall disturb for purposes of mineral preproduction activities. exploration or development the surface (m) Designated roads. Those existing of any lands which had not been sig- roads determined by the Super- nificantly disturbed for purposes of intendent in accordance with 36 CFR mineral extraction prior to February

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29, 1976, except as provided in this sec- subject to all the limitations imposed tion. However, where a claim is sub- by this part. ject, for a peroid of four years after (f) For the purposes of this section, September 28, 1976, to this section sole- each separate mining excavation shall ly by virtue of § 9.10(a)(3), the date be- be treated as an individual mining op- fore which there must have been sig- eration. nificant disturbance for purposes of mineral extraction is January 26, 1977. § 9.5 Recordation. (b) An operator of a claim in one of (a) Any unpatented mining claim in a these units seeking to enlarge an exist- unit in existence on September 28, 1976, ing excavation or otherwise disturb the which was not recorded on or before surface for purposes of mineral explo- September 28, 1977, in accordance with ration or development shall file with the Notice of October 20, 1976 (41 FR the Superintendent an application 46357) or 36 CFR 9.5 as promulgated on stating his need to disturb additional January 26, 1977, is, pursuant to section surface in order to maintain produc- 8 of the Act, conclusively presumed to tion at an annual rate not to exceed an be abandoned and shall be void. average annual production level of said (b) Any unpatented mining claim in a operations for the three calendar years 1973, 1974, and 1975. Accompanying the unit established after September 28, application shall be a plan of oper- 1976, or in an area added to an existing ations which complies with § 9.9 and unit after that date, shall be recorded verified copies of production records with the Bureau of Land Management for the years 1973, 1974, and 1975. in accordance with the provisions of (c) If the Regional Director finds that section 314 of the Federal Land Policy the submitted plan of operations com- and Management Act (FLPMA), 90 plies with § 9.9, that enlargement of the Stat. 2769, 43 U.S.C. 1744, and regula- existing excavation of an individual tions implementing it (43 CFR 3833.1). mining operation is necessary in order (c) A claimant of an unpatented min- to make feasible continued production ing claim in any unit must file annu- therefrom at an annual rate not to ex- ally with the Bureau of Land Manage- ceed the average annual production ment a notice of intention to hold a level of said operation for the three claim or evidence of annual assessment calendar years 1973, 1974, and 1975, and work required by section 314 of that the plan of operations meets the FLPMA, as implemented by 43 CFR applicable standard of approval of 3833.2. A copy of each such filing will be § 9.10(a)(1), he shall issue a permit al- provided to the Superintendent of the lowing the disturbance of the surface of appropriate unit by the Bureau of Land the lands contiguous to the existing ex- Management. cavation to the minimum extent nec- (d) The effect of failure to file the in- essary to effect such enlargement. For struments required by paragraphs (b) the purpose of this section ‘‘lands con- and (c) of this section shall be contiguous to the existing excavation’’ trolled by 43 CFR 3833.4. Recordation or shall include land which actually ad- filing under this section shall not joins the existing excavation or which render any claim valid which would not could logically become an extension of otherwise be valid under applicable law the excavation; for example, drilling to and shall not give the claimant any determine the extent and direction to rights to which he is not otherwise en- which the existing excavation should titled by law. be extended may be permitted at a site which does not actually adjoin the ex- (Act of September 28, 1976 (16 U.S.C. 1901 et cavating. seq.), Act of August 25, 1916 (16 U.S.C. 1 and 2–4) and 245 DM (42 FR 12931), as amended) (d) The appropriate reclamation standard to be applied will be deter- [44 FR 20427, Apr. 5, 1979] mined by the nature of the claim. (See §§ 9.11(a)(1) and (a)(2).) § 9.6 Transfers of interest. (e) Operations conducted under a per- (a) Whenever a claimant who has remit pursuant to this section shall be corded his unpatented claim(s) with

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the Superintendent pursuant to the re- filed and had approved a plan of oper- quirements of § 9.5 sells, assigns, be- ations as provided by these regula- queaths, or otherwise conveys all or tions. (For exploratory or development any part of his interest in his claim(s), type work, see § 9.9.) the Superintendent shall be notified within 60 days after completion of the § 9.8 Use of water. transfer of: The name of the claim(s) (a) No operator may use for oper- involved; the name and legal address of ations any water from a point of diver- the person to whom an interest has sion which is within the boundaries of been sold, assigned, bequeathed, or oth- any unit unless authorized in writing erwise transferred; and a description of by the Regional Director. The Regional the interest conveyed or received. Cop- Director shall not approve a plan of op- ies of the transfer documents will be erations requiring the use of water provided by the Superintendent to the from such source unless the right to Bureau of Land Management. Failure to so notify the Superintendent shall the water has been perfected under ap- render any existing access permit void. plicable State law, has a priority date (b) If the transfer occurs within the prior to the establishment of the unit period of 12 months from the effective and there has been a continued bene- date of the Act and the prior owner has ficial use of that water right. not recorded the unpatented claim (b) If an operator whose operations with the Superintendent in accordance will require the use of water from a with these regulations, the holder by point of diversion within the bound- transfer shall have the remainder of aries of the unit can show that he has the 12-month period to record the a perfected State water right junior to unpatented claim. Failure to record the reserved water right of the United shall be governed by the provisions of States and can demonstrate that the § 9.5(c). exercise of that State water right will not diminish the Federal right, which § 9.7 Assessment work. is that amount of water necessary for (a) An access permit and approved the purposes for which the unit was es- plan of operations must be obtained by tablished, he will be authorized to use a claimant prior to the performance of water from that source for operations, any assessment work required by Re- if he has complied with all other provi- vised Statute 2324 (30 U.S.C. 28) on a sions of these regulations. claim in a unit. (b) Permits will be issued in accord- § 9.9 Plan of operations. ance with the following: (a) No operations shall be conducted (1) In units subject to the surface dis- within any unit until a plan of oper- turbance moratorium of section 4 of ations has been submitted by the oper- the Act and § 9.4, no access permits will ator to the Superintendent and ap- be granted for the purpose of per- proved by the Regional Director. All forming assessment work. operations within any unit shall be (2) It has been determined that in all conducted in accordance with an ap- other units the Secretary will not chal- proved plan of operations. lenge the validity of any unpatented claim within a unit for the failure to (b) The proposed plan of operations do assessment work during or after the shall relate, as appropriate, to the pro- assessment year commencing Sep- posed operations (e.g. exploratory, de- tember 1, 1976. The Secretary expressly velopmental or extraction work) and reserves, however, the existing right to shall include but is not limited to: contest claims for failure to do such (1) The names and legal addresses of work in the past. No access permits the following persons: The operator, will be granted solely for the purpose the claimant if he is not the operator, of performing assessment work in these and any lessee, assignee, or designee units except where claimant estab- thereof; lishes the legal necessity for such per- (2) A map or maps showing the pro- mit in order to perform work necessary posed area of operations; existing roads to take the claim to patent, and has or proposed routes to and from the area

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of operations; areas of proposed min- preservation, management and public ing; location and description of surface use of the unit, and to make a decision facilities, including dumps; regarding approval or disapproval of (3) A description of the mode of the plan of operations and issuance or transport and major equipment to be denial of the access permit. used in the operations; (c) In all cases the plan must con- (4) A description of the proposed op- sider and discuss the unit’s Statement erations and an estimated timetable for Management and other planning for each phase of operations and the documents, and activities to control, completion of operations; minimize or prevent damage to the rec- (5) The nature and extent of the reational, biological, scientific, cul- known deposit to be mined. When the tural, and scenic resources of the unit. claim is located in a National Monu- (d) Any person conducting operations ment in Alaska and is unpatented, a on January 26, 1977, shall be required to completed Supplemental Claim Infor- submit a plan of operations to the Su- mation Statement shall be submitted perintendent. If otherwise authorized, describing the quantity, quality, and operations in progress on January 26, any previous production of the deposit; 1977, may continue for 120 days from (6) A mining reclamation plan dem- that date without having an approved onstrating compliance with the re- plan. After 120 days from January 26, quirements of § 9.11; 1977, no such operations shall be con- (7) All steps taken to comply with ducted without a plan approved by the any applicable Federal, State, and Regional Director, unless access is ex- local laws or regulations, including the tended under the existing permit by applicable regulations in 36 CFR, chap- the Regional Director. (See § 9.10(g).) ter I; [42 FR 4835, Jan. 26, 1977, as amended at 44 (8) In units subject to the surface dis- FR 11069, Feb. 27, 1979] turbance moratorium of section 4 of the Act and § 9.4, proof satisfactory to § 9.10 Plan of operations approval. the Regional Director that the surface (a) The Regional Director shall not of the area on which the operation is to approve a plan of operations: occur was significantly disturbed for (1) For existing or new operations if purposes of mineral extraction prior to the claim was patented without surface February 29, 1976, or if the area was not use restriction, where the operations so disturbed, proof, including produc- would constitute a nuisance in the vi- tion records for the years 1973, 1974, and cinity of the operation, or would sig- 1975, that new disturbance is necessary nificantly injure or adversely affect to maintain an average annual rate of federally owned lands; or production not to exceed that of the (2) For operations which had not sig- years 1973, 1974, and 1975; nificantly disturbed the surface of the (9) An environmental report ana- claim for purposes of mineral extrac- lyzing the following: tion prior to January 26, 1977, if the (i) The environment to be affected by claim has not been patented, or if the the operations, patent is subject to surface use restric- (ii) The impacts of the operations on tions, where the operations would pre- the unit’s environment, clude management for the purpose of (iii) Steps to be taken to insure min- preserving the pristine beauty of the imum surface disturbance, unit for present and future genera- (iv) Methods for disposal of all rub- tions, or would adversely affect or sig- bish and other solid and liquid wastes, nificantly injure the ecological or cul- (v) Alternative methods of extraction tural resources of the unit. No new sur- and the environmental effects of each, face mining will be permitted under (vi) The impacts of the steps to be this paragraph except under this stand- taken to comply with the reclamation ard; or plan, and (3) For operations which had signifi- (10) Any additional information that cantly disturbed the surface of the is required to enable the Regional Di- claim for purposes of mineral extrac- rector to effectively analyze the effects tion prior to January 26, 1977, if the that the operations will have on the claim has not been taken to patent, or

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the patent is subject to surface use re- riod specified shall constitute an ap- strictions, where the operations would proval of the plan and related permits constitute a nuisance in the vicinity of for a period of three (3) years. the operation, or would significantly (d) The Regional Director’s analysis injure or adversely affect federally may include: owned lands. Provided, however, oper- (1) An examination of the environ- ations under this paragraph shall be mental report filed by the operator; limited by the provisions of § 9.4, not- (2) An evaluation of measures and withstanding the limitation of that timing required to comply with rec- section’s applicability to the three enu- lamation requirements; merated units; (3) An evaluation of necessary condi- (4) Where the claim, regardless of tions and amount of the bond or secu- when it was located, has not been pat- rity deposit to cover estimated rec- ented and the operations would result lamation costs; in the destruction of surface resources, (4) An evaluation of the need for any such as trees, vegetation, soil, water additional requirements in access per- resources, or loss of wildlife habitat, mit; and not required for development of the (5) A determination regarding the im- claim; or pact of this operation and the cumu- (5) Where the operations would con- lative impact of all operations on the stitute a violation of the surface dis- management of the unit. turbance moratorium of section 4 of (e) Prior to approval of a plan of op- the Act; or erations, the Regional Director shall (6) Where the plan does not satisfy determine whether any properties in- each of the requirements of § 9.9. cluded in, or eligible for inclusion in, (b) Within 60 days of the receipt of a the National Register of Historic proposed plan of operations, the Re- Places or National Registry of Natural gional Director shall make an environ- Landmarks may be affected by the pro- mental analysis of such plan, and posed activity. This determination will (1) Notify the operator that he has require the acquisition of adequate in- approved or rejected the plan of oper- formation, such as that resulting from ations; or field surveys, in order to properly de- (2) Notify the operator of any termine the presence of and signifi- changes in, or additions to the plan of cance of cultural resources within the operations which are necessary before area to be affected by mining oper- such plan will be approved; or ations. Whenever National Register (3) Notify the operator that the plan properties or properties eligible for in- is being reviewed, but that more time, clusion in the National Register would not to exceed an additional 30 days, is be affected by mining operations, the necessary to complete such review, and Regional Director shall comply with setting forth the reasons why addi- section 106 of the National Historic tional time is required; Provided, how- Preservation Act of 1966 as imple- ever, That days during which the area mented by 36 CFR part 800. of operations is inaccessible for such (1) The operator shall not injure, reasons as inclement weather, natural alter, destroy, or collect any site, catastrophy, etc., for inspection shall structure, object, or other value of his- not be included when computing either torical, archeological, or other cultural this time period, or that in paragraph scientific importance. Failure to com- (b) of this section; or ply with this requirement shall con- (4) Notify the operator that the plan stitute a violation of the Antiquities cannot be considered for approval until Act (16 U.S.C. 431–433) (see 43 CFR part forty-five (45) days after a final envi- 3). ronmental impact statement, if re- (2) The operator shall immediately quired, has been prepared and filed bring to the attention of the Super- with the Council on Environmental intendent any cultural and/or scientific Quality. resource that might be altered or de- (c) Failure of the Regional Director stroyed by his operation and shall to act on a proposed plan of operations leave such discovery intact until told and related permits within the time pe- to proceed by the Superintendent. The

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Superintendent will evaluate the dis- (ii) Rehabilitate the area of oper- coveries brought to his attention, and ations to a condition which would not will determine within ten (10) working constitute a nuisance; or would not ad- days what action will be taken with re- versely affect, injure or damage, feder- spect to such discoveries. ally owned lands. (3) The responsibility for, and cost of (2) On any claim which was patented investigations and salvage of such val- with surface use restrictions or is ues that are discovered during oper- unpatented, each operator must take ations will be that of the operator, steps to restore natural conditions and where the claim is unpatented. processes, which steps shall include, (f) The operator shall protect all sur- but are not limited to: vey monuments, witness corners, ref- (i) Removing all above ground struc- erence monuments and bearing trees tures, equipment and other manmade against destruction, obliteration, or debris; damage from mining operations, and (ii) Providing for the prevention of shall be responsible for the reestablish- surface subsidence; ment, restoration, or referencing of (iii) Replacing overburden and spoil, any monuments, corners and bearing wherever economically and techno- trees which are destroyed, obliterated, logically practicable; or damaged by such mining operations. (iv) Grading to reasonably conform (g) Pending approval of the plan of the contour of the area of operations to operations, the Regional Director may a contour similar to that which existed approve, on a temporary basis, the con- prior to the initiation of operations, tinuation of existing operations if nec- where such grading will not jeopardize essary to enable timely compliance reclamation; with these regulations and with Fed- (v) Replacing the natural topsoil nec- eral, State, or local laws, or if a halt to essary for vegetative restoration; and existing operations would result in an (vi) Reestablishing native vegetative unreasonable economic burden or in- communities. jury to the operator. Such work must (b) Reclamation under paragraph be conducted in accordance with all ap- (a)(2) of this section is unacceptable plicable laws, and in a manner pre- unless it provides for the safe move- scribed by the Regional Director and ment of native wildlife, the reestab- designed to minimize or prevent sig- lishment of native vegetative commu- nificant environmental effects. nities, the normal flow of surface and (h) Approval of each plan of oper- reasonable flow of subsurface waters, ations is expressly conditioned upon the return of the area to a condition the Superintendent having such rea- which does not jeopardize visitor safety sonable access to the claim as is nec- or public use of the unit, and return of essary to properly monitor and insure the area to a condition equivalent to compliance with the plan of operations. its pristine beauty. (c) Reclamation required by this sec- § 9.11 Reclamation requirements. tion shall apply to operations author- (a) As contemporaneously as possible ized under this part, except that all with the operations, but in no case terms relating to reclamation of pre- later than six (6) months after comple- viously issued special use permits re- tion of operations and within the time voked by this part for operations to be specified in an approved mining rec- continued under an approved plan of lamation plan, unless a longer period is operations shall be incorporated into authorized in writing by the Regional the operator’s reclamation plans. Director, each operator shall initiate reclamation as follows: § 9.12 Supplementation or revision of (1) Where the claim was patented plan of operations. without surface use restriction, the op- (a) An approved plan of operations erator shall at a minimum: may require reasonable revision or sup- (i) Remove all above ground struc- plementation to adjust the plan to tures, equipment, and other manmade changed conditions or to correct over- debris used for operations; and sights.

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(1) The Regional Director may ini- (f) When all required reclamation re- tiate an alteration by notifying the op- quirements of an approved plan of oper- erator in writing of the proposed alterations are completed, the Super- ation and the justification therefor. intendent shall notify the operator The operator shall have thirty (30) days that performance under the bond or se- to comment on the proposal. curity deposit has been completed and (2) The operator may initiate an al- that it is released. teration by submitting to the Super- intendent a written statement of the § 9.14 Appeals. proposal, and the justification therefor. (a) Any operator aggrieved by a deci- (b) Any proposal initiated under sion of the Regional Director in con- paragraph (a) of this section by either nection with the regulations in this party shall be reviewed and decided by part may file with the Regional Direc- the Regional Director in accordance tor a written statement setting forth with § 9.10. Where the operator believes in detail the respects in which the deci- he has been aggrieved by a decision sion is contrary to, or in conflict with, under this paragraph, he may appeal the facts, the law, these regulations, or the decision pursuant to § 9.14. is otherwise in error. No such appeal will be considered unless it is filed with § 9.13 Performance bond. the Regional Director within thirty (a) Upon approval of a plan of oper- (30) days after the date of notification ations the operator shall be required to to the operator of the action or deci- file a suitable performance bond with sion complained of. Upon receipt of satisfactory surety, payable to the Sec- such written statement from the ag- retary or his designee. The bond shall grieved operator, the Regional Director be conditioned upon faithful compli- shall promptly review the action or de- ance with applicable regulations, the cision and either reverse his original terms and conditions of the permit, decision or prepare his own statement, lease, or contract, and the plan of oper- explaining that decision and the rea- ations as approved, revised or supple- sons therefor, and forward the state- mented. ment and record on appeal to the Di- (b) In lieu of a performance bond, an rector, National Park Service, for re- operator may elect to deposit with the view and decision. Copies of the Re- Secretary, or his designee, cash or ne- gional Director’s statement shall be gotiable bonds of the U.S. Government. furnished to the aggrieved operator, The cash deposit or the market value who shall have 20 days within which to of such securities shall be at least file exceptions to the Regional Direc- equal to the required sum of the bond. tor’s decision. The Department has the (c) The bond or security deposit shall discretion to initiate a hearing before be in an amount equal to the estimated the Office of Hearing and Appeals in a cost of completion of reclamation re- particular case. (See 43 CFR 4.700.) quirements either in their entirety or (b) The official files of the National in a phased schedule for their comple- Park Service on the proposed plan of tion as set forth in the approved, sup- operations and any testimony and doc- plemented or revised plan of oper- uments submitted by the parties on ations. which the decision of the Regional Di- (d) In the event that an approved rector was based shall constitute the plan of operations is revised or supple- record on appeal. The Regional Direc- mented in accordance with § 9.12, the tor shall maintain the record under Superintendent may adjust the amount separate cover and shall certify that it of the bond or security deposit to con- is the record on which his decision was form to the plan of operations as modi- based at the time it is forwarded to the fied. Director of the National Park Service. (e) The operator’s and his surety’s re- The National Park Service shall make sponsibility and liability under the the record available to the operator bond or security deposit shall continue upon request. until such time as the Superintendent (c) If the Director considers the determines that successful reclamation record inadequate to support the deci- of the area of operations has occurred. sion on appeal, he may provide for the

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production of such additional evidence (c) Should a commercial vehicle used or information as may be appropriate, in operations cause damage to roads or or may remand the case to the Re- other facilities of the National Park gional Director, with appropriate in- Service, the operator shall be liable for structions for further action. all damages so caused. (d) On or before the expiration of forty-five (45) days after his receipt of § 9.16 Penalties. the exceptions to the Regional Direc- Undertaking any operation within tor’s decision, the Director shall make the boundaries of any unit in violation his decision in writing; Provided, how- of this part shall be deemed a trespass ever, That if more than forty-five (45) against the United States, and the pen- days are required for a decision after alty provisions of 36 CFR part 1 are in- the exceptions are received, the Direc- applicable to this part. tor shall notify the parties to the appeal and specify the reason(s) for delay. § 9.17 Public inspection of documents. The decision of the Director shall in- (a) Upon receipt of the plan of oper- clude (1) a statement of facts, (2) con- ations the Superintendent shall publish clusions, and (3) reasons upon which a notice in the FEDERAL REGISTER ad- the conclusions are based. The decision vising the availability of the plan for of the Director shall be the final ad- public review. ministrative action of the agency on a (b) Any document required to be sub- proposed plan of operations. mitted pursuant to the regulations in (e) A decision of the Regional Direc- this part shall be made available for tor from which an appeal is taken shall public inspection at the Office of Su- not be automatically stayed by the fil- perintendent during normal business ing of a statement of appeal. A request hours. The availability of such records for a stay may accompany the state- for inspection shall be governed by the ment of appeal or may be directed to rules and regulations found at 43 CFR the Director. The Director shall part 2. promptly rule on requests for stays. A decision of the Director on request for § 9.18 Surface use and patent restrictions. a stay shall constitute a final administrative decision. (a) The regulations in 43 CFR 3826.2– 5 and 3826.2–6, 3826.4–1(g) and 3826.4–1(h), § 9.15 Use of roads by commercial ve- and 3826.5–3 and 3826.5–4 will apply to hicles. any claimant who wishes to take his claim to patent in Olympic National (a) After January 26, 1977, no com- Park, Glacier Bay National Monument mercial vehicle shall use roads admin- or Organ Pipe Cactus National Monu- istered by the National Park Service ment. without first being registered with the (b) The additional provisions of 43 Superintendent. CFR subpart 3826 and 36 CFR 7.26 and (1) A fee shall be charged for such 7.45(a) will continue to apply to exist- registration based upon a posted fee ing permits until 120 days after Janu- schedule, computed on a ton-mile ary 26, 1977, unless extended by the Re- basis. The fee schedule posted shall be gional Director. (See § 9.10(g). subject to change upon 60 days notice. (2) An adjustment of the fee may be [42 FR 4835, Jan. 26, 1977, as amended at 48 made at the discretion of the Super- FR 30296, June 30, 1983] intendent where a cooperative maintenance agreement is entered into with Subpart B—Non-Federal Oil and the operator. Gas Rights (b) No commercial vehicle which exceeds roadway load limits specified by AUTHORITY: 16 U.S.C. 230a(a)(4), 459d–3, the Superintendent shall be used on 460cc–2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and roads administered by the National 698m–4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; Park Service unless authorized by 54 U.S.C. 100101, 100751, and 103104. written permit from the Super- SOURCE: 81 FR 77992, Nov. 4, 2016, unless intendent. otherwise noted.

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PURPOSE AND SCOPE tem unit, you are subject to §§ 9.50 through 9.53. § 9.30 What is the purpose and scope of this subpart? § 9.32 What authorization do I need to conduct operations? (a) The purpose of this subpart is to ensure that operators exercising non- (a) Except as provided in §§ 9.70 federal oil and gas rights within a Sys- through 9.73, you must obtain a tem- tem unit outside of Alaska use techno- porary access permit under §§ 9.60 logically feasible, least damaging through 9.63 or an operations permit methods to: under §§ 9.80 through 9.90 before con- (1) Protect federally owned or admin- ducting operations. istered lands, waters, or resources of (b) You must demonstrate that you have the right to operate in order to System units; conduct activities within a System (2) Protect NPS visitor uses or expe- unit. riences, or visitor or employee health and safety; and § 9.33 If I am already operating under (3) Protect park resources and values an NPS authorization, what do I under the statute commonly known as need to do? the NPS Organic Act; (a) If you already have an NPS-ap- (b) This subpart applies to all opera- proved plan of operations, you may tors conducting non-federal oil or gas continue to operate according to the operations on lands or waters within terms and conditions of that approval, System units outside of Alaska, re- subject to the provisions of this sub- gardless of the ownership or legislative part. For purposes of this subpart, we jurisdiction status of those lands or consider your approved plan of oper- waters. ations to be either a temporary access (c) We do not intend for this subpart permit or operations permit. to result in a taking of a property in- (b) This section applies to you if we terest. Application of this subpart is have granted you an exemption to the intended to reasonably regulate oper- plan of operations requirement because ations within System units that may your operation accesses oil and gas affect federally owned or administered rights inside a System unit boundary lands, waters, and resources, visitor from a surface location outside the uses and experiences, and visitor and boundary. You may continue to oper- employee health and safety. ate under the exemption provided that your operations comply with the gen- § 9.31 When does this subpart apply to eral terms and conditions of §§ 9.120 me? through 9.122. You are also subject to (a) This subpart applies to you if you the prohibitions and penalties in are an operator who conducts or pro- §§ 9.180 through 9.182. poses to conduct non-federal oil or gas DEFINITIONS operations outside of Alaska. (b) If you were operating outside of a § 9.40 What do the terms used in this System unit and your operation has subpart mean? been included within an existing Sys- In addition to the definitions in 36 tem unit as a result of a change to the CFR 1.4, the following definitions apply boundary, or included within a newly to this subpart: established System unit, you are sub- Area of operations means lands or ject to §§ 9.50 through 9.53. waters within a System unit on which (c) If you were operating under an ex- your operations are approved to be car- emption because your operation ried out, including roads or other areas accessed oil and gas rights inside the where you are authorized to exercise System unit boundary from a surface the oil and gas rights. location outside the boundary, and Contaminating substance means any your surface location has been included toxic or hazardous substance which is within an existing System unit as a reused in or results from the conduct of sult of a change to the boundary, or in- operations and is listed under the cluded within a newly established Sys- Clean Water Act at 40 CFR part 116, the

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Resource Conservation and Recovery to conduct operations in a System Act at 40 CFR part 261, or the Haz- unit. ardous Materials Transportation Act Operator means any person or entity, at 49 CFR part 172. This includes, but is agent, assignee, designee, lessee, or not limited to, explosives, radioactive representative thereof who is con- materials, brine waters, formation ducting operations or proposing to ex- waters, petroleum products, petroleum ercise non-federal oil and gas rights by-products, and chemical compounds within the boundaries of a System unit used for drilling, production, proc- outside of Alaska. essing, well testing, well completion, Owner means the person that holds and well servicing. title to non-federal oil or gas rights. Gas means any fluid, either combus- Previously exempt operations means tible or noncombustible, which is pro- those operations being conducted in a duced in a natural state from the earth System unit without an approved per- and which maintains a gaseous or rar- mit from the NPS as of December 5, efied state at ordinary temperature 2016, except operations for which the and pressure conditions. NPS had granted the operator an ex- Oil means any viscous combustible emption to the plan of operations re- liquid hydrocarbon or solid hydro- quirement before such date, because carbon substance easily liquefiable on the operator accessed oil and gas rights warming that occurs naturally in the inside the System unit from a surface earth, including drip gasoline or other location outside the System unit. natural condensates recovered from gas Reconnaissance survey means an in- without resort to manufacturing proc- spection or survey conducted by quali- ess. fied specialists for the purpose of pre- Operations means all existing and paring a permit application. proposed functions, work, and activi- (1) A reconnaissance survey includes ties in connection with the exercise of identification of the area of operations oil or gas rights not owned by the and collection of natural and cultural United States and located or occurring resource information within and adja- within a System unit outside of Alas- cent to the proposed area of operations. ka. (2) Except for the minimal surface (1) Operations include, but are not disturbance necessary to perform cul- limited to: Access by any means to or tural resource surveys, natural re- from an area of operations; construc- source surveys, and location surveys tion; geological and geophysical explo- required under this subpart, surface ration; drilling, well servicing, disturbance activities are beyond the workover, or recompletion; production; scope of a reconnaissance survey. gathering (including installation and Right to operate means a deed, lease, maintenance of flowlines and gathering memorandum of lease, designation of lines); storage, transport, or processing operator, assignment of right, or other of petroleum products; earth moving; documentation demonstrating that you excavation; hauling; disposal; surveil- hold a legal right to conduct the oper- lance, inspection, monitoring, or main- ations you are proposing within a Sys- tenance of wells, facilities, and equip- tem unit. ment; reclamation; road and pad build- Technologically feasible, least damaging ing or improvement; shot hole and well methods are those that we determine to plugging and abandonment, and rec- be most protective of park resources lamation; and all other activities inci- and values while ensuring human dent to any of the foregoing. health and safety, taking into consid- (2) Operations do not include recon- eration all relevant factors, including naissance surveys as defined in this environmental, economic, and techno- subpart or oil and gas pipelines that logical factors and the requirements of are located within the System unit applicable law. under authority of a deeded or other Temporary access permit means an right-of-way. NPS special use permit authorizing an Operations permit means an NPS spe- operator to access the proposed area of cial use permit authorizing an operator operations to conduct reconnaissance

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surveys necessary to collect basic in- management, field supervision, and formation necessary to prepare an op- emergency response of the proposed operations permit application. erations; Third-party monitor means a qualified (b) Documentation demonstrating specialist who is not an employee, that you hold a right, and the extent of agent, or representative of the operator such right, to operate within the Sys- and who has the relevant expertise to tem unit; monitor operations for compliance (c) A brief description of the current with applicable laws, regulations, and operations and any anticipated changes permit requirements. to the current operations; Usable water means an aquifer or its (d) The American Petroleum Insti- portion that: tute (API) well number or State well- (1)(i) Supplies any public water sys- identification permit number; tem; or (e) Maps to scale that clearly delin- (ii) Contains a sufficient quantity of eate your current area of operations as ground water to supply a public water of December 5, 2016 or the effective system and either: date of a boundary change, or estab- (A) Currently supplies drinking water lishment of a new System unit, as ap- for human consumption; or plicable, and that identify the area of (B) Contains fewer than 10,000 mg/l surface disturbance and equipment lay- total dissolved solids; and out within your proposed area of oper- (2) Is not an exempted aquifer under ations; state law. (f) The results of any reconnaissance Waste means any material that is dis- surveys you have conducted to be used carded. It includes, but is not limited by the Superintendent to identify re- to: drilling fluids and cuttings; pro- source protection measures in your op- duced fluids not under regulation as a erations permit. contaminating substance; human (g) A spill control and emergency waste; garbage; fuel drums; pipes; oil; preparedness plan as required by § 9.86; contaminated soil; synthetic mate- (h) Documentation of the current op- rials; man-made structures or equip- erating methods, surface equipment, ment; or native and nonnative mate- downhole well construction and com- rials. pletion, materials produced or used, We and us mean the National Park and monitoring methods; Service. (i) A description of how your pro- You and I mean the operator, unless posed operation will meet each applica- otherwise specified or indicated by the ble operating standard at §§ 9.110 context. through 9.116 and 9.118; and PREVIOUSLY EXEMPT OPERATIONS (j) A description of the procedures to be used and cost estimates for well § 9.50 Do I need an operations permit plugging and surface reclamation. for my previously exempt operations? § 9.52 What will the NPS do with my Yes. You must obtain an NPS oper- application? ations permit. The NPS will review your application and take action under §§ 9.100 through § 9.51 How do I apply for my oper- 9.104. ations permit? Within 90 days after December 5, 2016 § 9.53 May I continue to operate while or within 90 days after the effective the NPS reviews my application? date of a boundary change, or estab- During this interim period, you may lishment of a new System unit, as ap- continue to conduct operations subject plicable, you must submit the fol- to the following conditions: lowing to the Superintendent of the (a) Continuation of operations is lim- System unit in which you propose to ited to those methods and the area of continue to conduct operations: disturbance that existed on December (a) The names and contact informa- 5, 2016 or the effective date of a bound- tion of the operator, the owner, and the ary change, or establishment of a new individuals responsible for overall System unit, as applicable.

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(b) Your operation is subject to the specialists responsible for conducting general terms and conditions in §§ 9.120 the reconnaissance surveys; through 9.122 and the prohibitions and (f) A description of proposed means of penalties in §§ 9.180 through 9.182. access and routes proposed for con- (c) Except in an emergency, we will ducting the reconnaissance surveys; not take any steps to directly regulate and your operation before 90 days after De- (g) A description of the survey meth- cember 5, 2016 or 90 days after the effec- ods you intend to use to identify the tive date of a boundary change, or es- natural and cultural resources. tablishment of a new System unit, as applicable. § 9.62 When will the NPS grant a temporary access permit? TEMPORARY ACCESS PERMITS If the Regional Director determines that your proposed reconnaissance sur- § 9.60 When do I need a temporary ac- veys will not result in surface disturb- cess permit? ance, except for minimal disturbance (a) You must apply to the Regional necessary to perform required surveys, Director for a temporary access permit the Regional Director will issue you a to access your proposed area of oper- temporary access permit within 30 days ations that is on NPS administered after receipt of a complete application, lands or waters in order to conduct re- unless the Regional Director notifies connaissance surveys. This permit will you that additional time is necessary describe the means, routes, timing, and to evaluate or process your applica- other terms and conditions of your action. cess as determined by the Regional Di- rector. § 9.63 How long will I have to conduct my reconnaissance surveys? (b) A temporary access permit is subject to cost recovery under 54 U.S.C. The duration of your temporary ac- 103104. cess permit will be stated in the permit, based upon the scope of the recon- § 9.61 How do I apply for a temporary naissance surveys needed. The Re- access permit? gional Director may, upon written re- To apply for a temporary access per- quest, extend the term of the tem- mit, you must submit the following in- porary access permit. formation to the Superintendent of the ACCESSING OIL AND GAS RIGHTS FROM A System unit in which you propose to SURFACE LOCATION OUTSIDE THE SYS- conduct operations: TEM UNIT BOUNDARY (a) Documentation demonstrating that you hold a right, and the extent of § 9.70 Do I need an operations permit such right, to operate within the Sys- for accessing oil and gas rights tem unit; from outside the System unit (b) A map delineating the proposed boundary? reconnaissance survey areas in relation Your downhole operations inside a to the System unit boundary and the System unit are subject to these regu- proposed area of operations at a min- lations. If you wish to access your oil imum scale of 1:24,000, or a scale speci- and gas rights located inside a System fied by the Superintendent as accept- unit from a surface location outside able; the unit, you must submit the informa- (c) A brief description of the intended tion required by § 9.71. We will evaluate operation so that we can determine the this information and may request that scope of the reconnaissance surveys you apply for an operations permit. We needed; will require an operations permit for (d) The name and contact informa- such operations only if we determine tion of the operator, employee, agent, that downhole permit requirements are or contractor responsible for overall needed to protect against a significant management of the proposed recon- threat of damage to: naissance surveys; (a) Federally owned or administered (e) The name, legal address, tele- lands, waters, or resources within Sys- phone number, and qualifications of all tem units;

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(b) NPS visitor uses or experiences; intendent will notify you in writing or that your information is complete, you (c) Visitor or employee health or need to submit more information, or safety. we need more time to review your submission. § 9.71 What information must I submit (b) After NPS receives your complete to the NPS? submission, and completes compliance You must provide the information re- with applicable federal laws, including quired by this section to the Super- the National Environmental Policy intendent of the System unit. You Act, the Superintendent will notify must provide all of the following. you in writing within 30 days that ei- (a) The names and contact informa- ther: tion of: (1) The operator; (1) No further action is required by (2) The owner; and the NPS and you are exempt from the (3) The individuals responsible for operations permit requirement; or overall management, field supervision, (2) You must obtain an operations and emergency response of the pro- permit. posed operations. (c) If you need an operations permit, (b) Documentation demonstrating the information provided under § 9.71 is that you hold a right, and the extent of your permit application and the NPS such right, to operate within the Sys- will review your application under tem unit. §§ 9.100 through 9.104. (c) Maps and plats to scale showing the boundaries of each of the oil or gas § 9.73 If I don’t need an operations rights that are relevant to your pro- permit, are there still requirements posed operations within the System that I must meet? unit boundary. If the NPS notifies you under § 9.72 (d) Maps and plats to scale showing that you do not need an operations per- all proposed surface uses (well site, ac- mit, your operations are still subject cess route, flowlines, production facili- to the general terms and conditions in ties) that occur outside the System §§ 9.120 through 9.122, the prohibitions unit. and penalties in §§ 9.180 through 9.182, (e) Information regarding downhole and the requirements in this section. operations and conditions, including: (1) Description, including depths, (a) You must notify the NPS within thicknesses, and properties of geologic 30 days if the methods or the environ- horizons between the target zone and mental conditions of your downhole op- the base of the deepest aquifer; erations materially change. (2) Drilling plan, including direc- (b) The Regional Director may notify tional-drilling program, horizontal dis- you in writing that you are no longer tance along the wellbore’s path from exempt from the operations permit re- well’s surface location to the System quirement after determining that unit boundary, depth at which wellbore downhole operational requirements are crosses the boundary, and timeline for needed to protect against a significant operations; threat of damage to any of the fol- (3) Casing, cementing, and mud pro- lowing: grams; (1) Federally owned or administered (4) Stimulation programs; and lands, waters, or resources of System (5) Well plugging and abandonment units; program. (2) NPS visitor uses or experiences; (f) If you propose hydraulic frac- or turing, then you must also provide the (3) Visitor or employee health or information required by § 9.89. safety. § 9.72 How will the NPS act on my sub- (c) Within 30 days after receiving this mission? notification, you must file your oper- (a) Within 30 days after receiving ations permit application with the Su- your submission under § 9.71, the Super- perintendent.

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OPERATIONS PERMIT: APPLICATION clearly identify the information re- CONTENTS quired by §§ 9.82 through 9.90.

§ 9.80 Who must apply for an oper- § 9.82 What must I include in my appli- ations permit? cation? (a) Except as otherwise provided in (a) Your application for an oper- §§ 9.70 through 9.73, an operator pro- ations permit must include all of the posing to conduct operations within information required by § 9.83 and, to the boundary of a System unit must the extent applicable, the information submit an application for an operations required by §§ 9.87 through 9.90, as well permit to the Superintendent. as any additional information that the Superintendent may require by written (b) An operations permit is subject to request. cost recovery under 54 U.S.C. 103104. (b) You may provide information for § 9.81 May I use previously submitted only the phase of operations you pro- information? pose. Each permit application is only required to describe those activities for (a) In satisfying the requirements of which you request approval. Approval §§ 9.82 through 9.90, you do not need to of an operations permit covering one resubmit information that is already phase of operations does not assure fu- on file with the NPS. Instead, you may ture approval of, or the terms of future reference the previously submitted in- approval for, an operations permit cov- formation in your permit application. ering a subsequent phase. (b) You may submit documents and materials containing the information § 9.83 What information must be in- required by §§ 9.82 through 9.90 that you cluded in all applications? submit to other Federal and State All applications must include the in- agencies. If you do this, you must formation required by this section.

All operations permit applications must include information on . . . and must include the following 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 proposed all the information required by § 9.84. area of operations. (d) Reclamation plan ...... (1) A description of the equipment and methods used to meet the operating standards for reclamation at § 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 miti- all the information required by § 9.85. gation actions. (g) The spill control and emergency all the information required by § 9.86. preparedness plan.

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

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shallow water aquifers, topographic re- including any operational timing con- lief, and areas we have indicated to you straints; as environmentally sensitive; (6) The type and extent of security (3) The locations of existing roads, measures proposed within your area of trails, railroad tracks, pads, and other operations; disturbed areas; and (7) The power sources and their (4) The locations of existing struc- transmission systems for the proposed tures that your operations could affect, operations; and including but not limited to: Buildings, (8) The types and quantities of all pipelines, existing or permitted oil or solid and liquid waste generation and gas wells, freshwater wells, under- the proposed methods of storage, han- ground and overhead electrical lines, dling, and off-site disposal. and other utility lines. (b) You must submit the following in- § 9.85 Environmental conditions and formation about geologic conditions in mitigation actions. their natural state and under the pro- You must submit the following infor- posed operating conditions: mation about environmental condi- (1) Estimated depths and names of tions and mitigation actions: known zones of usable water, brine, hy- (a) Description of the natural and drocarbon, geothermal, or other min- cultural resource conditions from your eral-bearing zones based on the best reconnaissance surveys or other available information; sources collected for your proposed (2) Potential hazards to persons and area of operations. The Superintendent the environment such as known abnor- may require, on a case by case basis, mal pressure zones, lost circulation baseline field testing of soils and field zones, hydrogen sulfide gas, or karst or laboratory testing of surface, or formations; and near-surface, waters within your area (3) Nature, extent, and depth (if of operations, as well as any ground- known) of near-surface bedrock frac- water resources that may reasonably turing or jointing relative to proposed may be impacted by your surface oper- cemented surface casing-seat depth and ations; any open annular interval proposed in the well design. (b) Description of the steps you pro- (c) You must submit the following in- pose to take to mitigate any adverse formation for any new surface disturb- environmental impacts on park re- ances or construction: sources and values, including but not (1) Maps depicting the proposed area limited to, the System unit’s land fea- of operations, boundaries of new sur- tures, land uses, fish and wildlife, vege- face disturbances and proposed access tation, soils, surface and subsurface routes; water resources, air quality, noise, (2) Maps depicting the proposed loca- lightscapes, viewsheds, cultural re- tion of all support facilities, including sources, and economic environment; those for transportation (e.g., vehicle and parking areas, airstrips, helicopter (c) Discussion of: pads), sanitation, occupation, staging (1) Any anticipated impacts that you areas, fuel dumps, refueling areas, cannot mitigate; and loading docks, water supplies, and dis- (2) All alternative technologically posal facilities; feasible, least damaging methods of op- (3) The methods and diagrams, in- erations, their costs, and their environ- cluding cross-sections, of any proposed mental effects. pad construction, road construction, cut-and-fill areas, and surface mainte- § 9.86 Spill control and emergency pre- nance, including erosion control; paredness plan. (4) The number and types of equip- You must submit the following infor- ment and vehicles, including an esti- mation about your spill control and mate of vehicular trips, associated emergency preparedness plan. You may with each phase of your operation; use a spill prevention control and coun- (5) An estimated time to complete termeasure (SPCC) plan prepared under each phase of the proposed operations, 40 CFR part 112 if the plan includes all

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of the information required by this sec- (c) A description of the acquisition tion. You must submit: methods, including the procedures, spe- (a) A list of names, addresses, and cific equipment you will use, and en- telephone numbers of persons that the ergy sources (e.g., explosives or Superintendent can contact in the vibroseis trucks); event of a spill, fire, or accident, in- (d) The methods of access along each cluding the order in which the persons survey line for personnel, materials, should be contacted; and equipment; (b) Your reporting procedures in the (e) A list of all explosives, blasting event of a spill, fire, or accident; equipment, chemicals, and fuels you (c) Identification of contaminating or will use in the proposed operations, in- toxic substances expected to be used cluding a description of proposed dis- within your area of operations; posal methods, transportation meth- (d) Identification of abnormal pres- ods, safety measures, and storage fa- sure, temperature, toxic gases or sub- cilities; and stances, or other hazardous conditions (f) A map showing the positions of expected to be encountered during op- each survey line including all source erations; and receiver locations as determined (e) Measures (e.g., procedures, facil- by a locational survey, and including ity design, equipment) to minimize shotpoint offset distances from wells, risks to human health and safety and buildings, other infrastructure, and the environment; areas the NPS has indicated to you as (f) Steps to prevent conditions cre- environmentally sensitive areas. ating fire hazards in the vicinity of § 9.88 What additional information well locations and lease tanks; must be included if I am proposing (g) List of equipment and methods drilling operations? for containment and cleanup of con- If you are proposing to drill a well, taminating substances, including a list you must submit the following addi- of the equipment to be maintained on tional information: site as well as a list of equipment to be (a) Well-pad construction plans, in- available from local contractors; cluding dimensions and cross sections (h) A storm water drainage plan and of: cut and fill areas and excavations actions intended to mitigate storm for ditches, sumps, and spill control water runoff; equipment or structures, including (i) Safety data sheets for each mate- lined areas; rial expected to be used or encountered (b) Drill-rig and equipment layout during operations, including quantities plans, including rig components, fuel expected to be maintained at your area tanks, testing equipment, support fa- of operations; cilities, storage areas, and all other (j) A description of the emergency ac- well-site equipment and facilities; tions you will take in the event of acci- (c) The drilling program, including dents causing human injury; and hole size for each section and the direc- (k) Contingency plans for relevant tional program, if applicable; conditions and emergencies other than (d) Proposed drilling depth and the spills, based on the particular geo- estimated depths and names of usable graphic area, such as hurricanes, flood- water, brine, hydrocarbon, geothermal, ing, tornadoes, or earthquakes. or other mineral-bearing zones; (e) The type and characteristics of § 9.87 What additional information the proposed mud systems; must be included if I am proposing (f) The casing program, including the geophysical exploration? size, grade, weight, and setting depth If you propose to conduct geophysical of each string; exploration, you must submit the fol- (g) The cementing program, includ- lowing additional information: ing downhole location of any stage (a) The number of crews and expected equipment, cement types, volumes, and numbers of workers in each crew; additives to be used, and a description (b) Names and depths of geologic of pressure tests and cement zones targeted for imaging; verification techniques used that will

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be run to evaluate cement placement returns to surface, and cement evalua- and integrity; tion logs (or other logs acceptable to (h) The minimum specifications for the Superintendent) demonstrating pressure control equipment function, that the occurrences of usable water and pressure testing frequency, and the zones have been isolated to protect blowout preventer stack arrangement; them from contamination. (i) The proposed logging, coring, and (e) A detailed description of the pro- testing programs; posed well-stimulation design, includ- (j) The completion program, including: ing completion type (open-hole, per- (1) The total proposed volume of forated, slotted liner, etc.), any pro- stimulation fluid to be used; total proposed stimulation techniques, and proposed base fluid volume, description of cedures, including considerations for proposed base fluid, and each additive well control; and in the proposed stimulation fluid, in- (k) A description of the equipment, cluding the trade name, supplier, pur- materials, and procedures for well pose, ingredients; Chemical Abstract plugging, including plug depths, plug Service Number (CAS); maximum in- types, and minimum mud weight. gredient concentration in additive (percent by mass); and maximum ingre- § 9.89 What additional information dient concentration in hydraulic frac- must be included if I am proposing turing fluid (percent by mass); well stimulation operations, includ- (2) Proposed proppant system if ap- ing hydraulic fracturing? plicable; If you are proposing well stimulation (3) The anticipated surface treating operations, including hydraulic frac- pressure range; turing, you must submit the following (4) The maximum anticipated surface additional information: pressure that will be applied during the (a) The geologic names, a geologic hydraulic fracturing process; description, and the estimated depths (5) The trajectory of the wellbore (measured and true vertical) to the top into which hydraulic fracturing fluids and bottom of the target formation(s). are to be injected and the estimated di- The estimated minimum vertical dis- rection and length of the fractures that tance between the top of the comple- will be propagated and a notation indi- tion zone and the nearest usable water cating the true vertical depth of the zone, and the measured depth of the top and bottom of the fractures; and proposed perforated or open-hole inter- (6) Any microseismic monitoring val. planned or proposed in conjunction (b) The estimated depths (measured with well stimulation. and true vertical) to the top and bot- (f) The source and location of water tom of the confining zone(s). Include a supply, such as reused or recycled map showing the location, orientation, water, rivers, creeks, springs, lakes, and extent of any known or suspected ponds, and water supply wells, and the faults or fractures within one-half mile source and location of water supply, (horizontal distance) of the wellbore such as reused or recycled water, riv- trajectory that may transect the con- ers, creeks, springs, lakes, ponds, and fining zone(s). water supply wells. (c) A map showing all existing (g) The storage, mixing, pumping, wellbore trajectories, regardless of and control equipment needed to per- type, within one-half mile (horizontal form the stimulation. distance) of any portion of the wellbore (h) The following information con- into which hydraulic fracturing fluids cerning the handling of recovered are to be injected. The true vertical fluids: depth of each wellbore identified on the (1) The estimated volume of stimula- map must be indicated. tion fluids to be recovered during flow (d) Steps to be taken before well back; completions to verify mechanical in- (2) The proposed methods of handling tegrity of all downhole tubulars and the recovered fluids including any on- tools and cement quality, including site treatment for re-use of fluids in pressure tests, monitoring of cement other stimulation activities; and

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(3) The proposed disposal method of (h) Storm water management plan on the recovered fluids, including, but not the well site; limited to, injection, hauling by truck, (i) Produced water storage and dis- or transporting by pipeline. posal plan; and (j) The procedures for well plugging, § 9.90 What additional information must be included if I am proposing the depths and the types of plugs, and production operations? minimum mud weight.

If you are proposing production oper- OPERATIONS PERMIT: APPLICATION ations, you must submit the following REVIEW PROCESS information: (a) The dimensions with a to-scale § 9.100 How will NPS process my appli- layout of the wellpad, clearly identi- cation? fying well locations, noting partial rec- If you propose operations in System lamation areas; gathering, separation, metering, and storage equipment; elec- units, other than Big Cypress National trical lines; fences; spill control equip- Preserve, we will process your applica- ment or structures including lined tion in accordance with §§ 9.101 through areas, artificial lift equipment, tank 9.104. If you propose operations in Big batteries, treating and separating ves- Cypress National Preserve, we will sels, secondary or enhanced recovery process your application in accordance facilities, water disposal facilities, gas with §§ 9.103 and 9.105. compression and/or injection facilities; metering points; sales point (if on § 9.101 How will the NPS conduct ini- lease); tanker pick-up points; gas com- tial review? pressor, including size and type (if ap- (a) Within 30 days after receipt of plicable); and any other well site equip- your application, the Superintendent ment; will notify you in writing that either: (b) The size, grade, weight, and set- (1) Your application is complete and ting depth of all casing and tubing the NPS will begin formal review; strings; cementing history; type and (2) Your permit application does not size of packers and subsurface flow con- meet the information requirements and trol devices; top and bottom depths of additional information is required be- each completed interval; and method of fore the NPS will conduct formal recompletion; view of your permit application; or (c) The well history, including completions, stimulations, servicing, and (3) More time is necessary to com- workovers; plete the review, in which case the NPS (d) The minimum specifications for will provide you an estimate of the pressure-control equipment, function, amount of additional time reasonably and pressure-testing frequency; needed and an explanation for the (e) The methods and means to be delay. used to transport produced oil and gas, (b) If you resubmit information re- including vehicular transport; flowline quested by the NPS under this section and gathering line construction; oper- and the Superintendent determines ation; pipe size; operating pressure; ca- that you have met all applicable infor- thodic protection methods; surface mation requirements, the Super- equipment use; surface equipment loca- intendent will notify you within 30 tion; maintenance procedures; mainte- days after receipt of the additional in- nance schedules; pressure detection formation that either: methods; and shutdown procedures; (1) Your application is complete and (f) Road and wellpad maintenance the NPS will begin formal review; or plan, including equipment and mate- (2) More time is necessary to com- rials to maintain the road surface and plete the review, in which case the NPS control erosion; will provide you an estimate of the (g) Vegetation management plan on well sites, roads, pipeline corridors, amount of additional time reasonably and other disturbed surface areas, in- needed and an explanation for the cluding control of exotic species; delay.

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§ 9.102 How will the NPS conduct for- (1) We and you agree that such final mal review? action will occur within a shorter or (a) The Superintendent will evaluate longer period of time; or the potential impacts of your proposal (2) We determine that an additional on federally owned or administered period of time is required to ensure lands, waters, or resources within Sys- that we have, in reviewing the permit tem units, visitor uses and experiences, application, complied with all applica- and visitor and employee health and ble legal requirements. safety. As part of this evaluation proc- (b) The Regional Director will notify ess, the NPS will comply with all appli- you in writing that your operations cable federal laws, including the Na- permit is: tional Environmental Policy Act. The (1) Approved with the operating con- Superintendent will then make a rec- ditions contained therein; or ommendation to the Regional Director (2) Denied, and provide you justifica- regarding final action on your oper- tion for the denial. Any such denial ations permit. must be consistent with § 9.30(c). (b) As part of the evaluation process, § 9.105 What is the approval process the Superintendent may consult with for operations in Big Cypress Na- other Federal, State, and local agen- tional Preserve? cies. (a) Within 30 days after the date of § 9.103 What standards must be met to submission of your application, we will approve my operations permit? notify you whether the application contains all information reasonably (a) The Regional Director will ap- necessary to allow us to consider the prove your operations permit if the application and, if not, will request NPS has determined that your oper- that you provide additional informa- ations: tion. After receiving this notification, (1) Will not violate the laws gov- you must either supply any reasonably erning administration of units of the necessary additional information or National Park System; and must notify us that you believe that (2) Will meet all applicable operating the application contains all reasonably standards. necessary information and is therefore (b) Before approval of your oper- complete; whereupon we may: ations permit, you must submit to the (1) Within 30 days after receipt of the Superintendent: notice from the applicant, determine (1) Financial assurance in the that the application does not contain amount specified by the Regional Di- all reasonably necessary additional in- rector and in accordance with the re- formation and, on that basis, deny the quirements of §§ 9.140 through 9.144; application; or (2) Proof of liability insurance with (2) Review the application and take limits sufficient to cover injuries to final action within 60 days after the persons or property caused by your op- date that you provided notification to erations; and the NPS that your application is com- (3) An affidavit stating that the oper- plete. ations planned are in compliance with (b) The Regional Director will take all applicable Federal, State, and local final action within 90 days after the laws and regulations. date you submitted your application unless: § 9.104 What final actions may the Re- (1) We and you agree that final action gional Director take on my oper- can occur within a shorter or longer ations permit? period of time; or (a) The Regional Director will take (2) We determine that an additional final action within 30 days of com- period of time is required to ensure pleting all required legal compliance, that we have, in reviewing the permit including compliance with the Na- application, complied with other appli- tional Environmental Policy Act, un- cable laws, executive orders, and regu- less: lations.

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OPERATING STANDARDS and gas rights. Measurements for purposes are by horizontal distance. § 9.110 What are the purposes and (b) You must design, construct, oper- functions of NPS operating stand- ate, and maintain access to your oper- ards? ational site to cause the minimum (a) You must comply with all oper- amount of surface disturbance needed ating standards in §§ 9.111 through 9.116, to safely conduct operations and to as well as with the standards in §§ 9.117 avoid areas the NPS has indicated to and 9.118, if applicable. The standards you as sensitive resources. apply only to operations that occur (c) You must install and maintain within a System unit, including secondary containment materials and downhole activities, and do not apply structures for all equipment and facili- to surface activities located outside a ties using or storing contaminating System unit. These operating stand- substances. The containment system ards are incorporated into the terms must be sufficiently impervious to pre- and conditions of your operations per- vent discharge and must have suffi- mit. Violation of these operating cient storage capacity to contain, at a standards will subject you to the prohi- minimum, the largest potential spill bitions and penalties provisions of incident. §§ 9.180 through 9.182. (d) You must keep temporarily stored (b) NPS operating standards are ap- waste in the smallest feasible area, and plied to ensure protection of federally confine in a manner appropriate to pre- owned or administered lands, waters, vent escape as a result of percolation, and resources of System units, visitor rain, high water, or other causes. You uses and experiences, and visitor and must regularly remove waste from the employee health and safety. The oper- System unit and dispose of it in a law- ating standards give us and the oper- ful manner. Nothing in this subpart af- ator flexibility to consider using alter- fects the application of the regulations native methods, equipment, materials found at 36 CFR part 6. design, and conduct of operations. (e) You must use engines that adhere (c) In applying standards to a par- to applicable Federal and State emis- ticular operation, you must use tech- sion standards. nologically feasible, least damaging (f) You must construct, maintain, methods to protect federally owned or and use roads to minimize fugitive administered lands, waters, and re- dust. sources of System units, visitor uses (g) You must use equipment and and experiences, and visitor and em- practices that minimize releases of air ployee health and safety. pollutants and hydrocarbons, and flar- ing of gas. § 9.111 What general facility design (h) You must conduct operation in a and management standards must I manner that does not create an unsafe meet? environment for fish and wildlife by (a) You must not conduct operations avoiding or minimizing exposure to within 500 feet of surface water, includ- physical and chemical hazards. ing an intermittent or ephemeral wa- (i) You must conduct operations in a tercourse, or wetland; within 500 feet of manner that avoids or minimizes im- the mean high tide line; or within 500 pacts to sensitive wildlife, including feet of any structure or facility used by timing and location of operations. the NPS for interpretation, public (j) You must control the invasion of recreation, or administration. The Su- exotic plant and animal species in your perintendent may increase or decrease area of operations from the beginning this distance consistent with the need through final reclamation. to protect federally owned or administered lands, water, or resources of Sys- § 9.112 What hydrologic standards tem units, visitor uses or experiences, must I meet? or visitor or employee health and safe- (a) You must maintain hydrologic ty while ensuring that you have rea- connectivity between surface water sonable access to your non-Federal oil and groundwater during all operations.

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(b) You must not cause measurable stances were disposed of in accordance degradation of surface water or ground- with all applicable Federal, State, and water. local laws. (c) You must conduct operations in a (b) You must perform partial rec- manner that maintains natural chan- lamation of areas no longer necessary nel and floodplain processes and func- to conduct operations. You must begin tions. final reclamation as soon as possible but no later than 6 months after you § 9.113 What safety standards must I complete your permitted operations meet? unless the Regional Director author- (a) You must maintain your area of izes a longer period in writing. operations in a manner that avoids or (c) You must protect all survey minimizes the cause or spread of fires monuments, witness corners, reference and does not intensify fires originating monuments, and bearing trees against outside your operations area. destruction, obliteration, or damage (b) You must maintain site security, from operations. You are responsible structures, facilities, improvements, for reestablishing, restoring, and ref- and equipment in a safe and profes- erencing any monuments, corners, and sional manner in order to provide a bearing trees that are destroyed, oblit- safe environment for park resources, erated, or damaged by your operations. park visitors, and NPS employees, free from exposure to physical and chem- (d) You must complete reclamation ical hazards. by: (1) Plugging all wells; § 9.114 What lighting and visual stand- (2) Removing all above-ground struc- ards must I meet? tures, equipment, and roads and all (a) You must design, shield, and focus other man-made material and debris lighting to minimize the effects of spill resulting from operations; light on the night sky or adjacent (3) Removing or neutralizing any areas. contaminating substances; (b) You must reduce visual contrast (4) Reestablishing native vegetative in the landscape by selecting the area communities, or providing for condi- of operations, avoiding unnecessary tions where ecological processes typ- disturbance, choosing appropriate col- ical of the ecological zone (e.g., plant ors for permanent facilities, and other or wildlife succession) will reestablish means. themselves; (c) You must use road and pad mate- (5) Grading to reasonably conform rials similar in composition to soils in the contours to preexisting elevations surrounding profiles whenever feasible. that are most appropriate to maxi- mizing ecologic functional value; § 9.115 What noise reduction standards must I meet? (6) Restoring conditions to pre-disturbance hydrologic movement and You must prevent or minimize all functionality; noise that: (a) Adversely affects the natural (7) Restoring natural systems using soundscape or other park resources or native soil material that is similar in values, taking into account frequency, character to the adjacent undisturbed magnitude, or duration; or soil profiles; (b) Exceeds levels that have been (8) Ensuring that reclaimed areas do identified through monitoring as being not interfere with visitor use or with acceptable to or appropriate for visitor administration of the unit; uses at the sites being monitored. (9) Meeting conditions compatible with the management objectives of the § 9.116 What reclamation and protec- park; and tion standards must I meet? (10) Ensuring proper and equitable (a) You must promptly clean up and apportionment of reclamation respon- remove any released contaminating sibilities by coordinating with us or substances and provide documentation with other operators who may be using to the Superintendent that the sub- a portion of your area of operations.

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§ 9.117 What additional operating (4) You must design, implement, and standards apply to geophysical op- maintain integrated casing, cementing, erations? drilling fluid, completion, stimulation, If you conduct geophysical oper- and blowout prevention programs. ations, you must do all of the fol- These programs must be based upon lowing: sound engineering principles to prevent (a) Use surveying methods that mini- escape of fluids to the surface and to mize the need for vegetative trimming isolate and protect usable water zones and removal; throughout the life of the well, taking (b) Locate source points using indus- into account all relevant geologic and try-accepted minimum safe-offset dis- engineering factors. tances from pipelines, telephone lines, (b) Stimulation operations including hy- railroad tracks, roads, power lines, draulic fracturing. (1) You must not water wells, oil and gas wells, oil and begin injection activities before you gas-production facilities, and build- demonstrate the mechanical integrity ings; of all surface and downhole tubulars (c) Use equipment and methods that, and equipment to differential pressures based upon the specific environment, equal to at least those calculated at will minimize impacts to federally the maximum anticipated treating owned or administered lands, waters, pressure. and resources of System units, visitor (2) You must continuously monitor uses and experiences, and visitor and and record the treating pressures and employee health and safety; and all annular pressures before, during, (d) If you use shot holes, you must: and after the treatment to ensure that (1) Use biodegradable charges; treatment materials are directed to the (2) Plug all shot holes to prevent a intended zone. pathway for migration for fluids along (3) If mechanical integrity is lost any portion of the bore; and during the treatment, you must imme- (3) Leave the site in a clean and safe diately cease the operation and notify condition that will not impede surface the Superintendent as soon as feasible, reclamation or pose a hazard to human but no later than 24 hours after the in- health and safety. cident. Within 15 days after the occur- § 9.118 What additional operating rence, you must submit to the Super- standards apply to drilling, stimula- intendent a report containing all de- tion, and production operations? tails pertaining to the incident, includ- If you conduct drilling, stimulation, ing corrective actions taken. and production operations, you must (c) Production. (1) You must monitor meet all of the standards in this sec- producing conditions in order to main- tion. tain the mechanical integrity of both (a) Drilling. (1) You must use contain- surface and subsurface equipment. erized mud circulation systems for op- (2) You must maintain your well to erations. prevent escape of fluids to the surface (2) You must not create earthen pits and to isolate and protect usable water for any use. Earthen pits used solely zones throughout the life of the well, for secondary containment on sites ex- taking into account all relevant geo- isting before December 5, 2016 may con- logic and engineering factors. tinue in use; however, the Super- (3) You must identify wells and re- intendent may require such structures lated facilities by a sign, which must to be lined or removed depending on remain in place until the well is site-specific operational and environ- plugged and abandoned and the related mental conditions. facilities are closed. The sign must be (3) You must take all necessary pre- of durable construction, and the let- cautions to keep your wells under con- tering must be legible and large enough trol at all times, use only contractors to be read under normal conditions at or employees trained and competent to a distance of at least 50 feet. Each sign drill and operate the wells, and use must show the name of the well, name only oil field equipment and practices of the operator, and the emergency generally used in the industry. contact phone number.

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(4) You must remove all equipment uses. Mutually agreed-upon mitigation and materials that are no longer need- tools for this purpose may include pro- ed for a particular phase of your oper- viding or restoring alternative habitat ation. and resources to offset those impacts (5) You must plug all wells to: by the operations. (i) Prevent a pathway of migration for fluids along any portion of the bore; § 9.121 What monitoring and reporting and is required for all operators? (ii) Leave the surface in a clean and (a) The NPS may access your area of safe condition that will not impede sur- operations at any time to monitor the face reclamation or pose a hazard to potential effects of the operations and human health and safety. to ensure compliance with this subpart where applicable. GENERAL TERMS AND CONDITIONS (b) The Regional Director may deter- § 9.120 What terms and conditions mine that third-party monitors are re- apply to all operators? quired when necessary to protect feder- The following terms and conditions ally owned or administered lands, apply to all operators: waters, or resources of System units, (a) The operator/permittee is respon- visitor uses or experiences, or visitor sible for ensuring that all of its em- or employee health and safety. ployees and contractors and sub- (1) The Regional Director’s deter- contractors comply fully with all of mination will be based on the scope the requirements of this subpart; and complexity of the proposed oper- (b) The operator/permittee may not ation and whether the park has the use any surface water or groundwater staff and technical ability to ensure owned or administered by the United compliance with the operations permit States that has been diverted or with- and any provision of this subpart. drawn from a source located within the (2) A third-party monitor will report boundaries of a System unit unless the directly to the NPS at intervals deter- use has been approved in accordance mined by the Superintendent, and you with NPS policy; will be responsible for the cost of the (c) The operator/permittee must pro- third party monitor. We will make the vide the NPS an affidavit, signed by an information reported available to you official who is authorized to legally upon your request. bind the company, stating that pro- (3) Third party monitors must disposed operations are in compliance close to the NPS any potential con- with all applicable federal, state, and flicts of interest that could preclude local laws and regulations and that all objectivity in monitoring an operator’s information submitted to the NPS is compliance with the operations permit true and correct; and any provision of this subpart. (d) The operator/permittee must agree to indemnify and hold harmless (c) You must notify the Super- the United States and its officers and intendent of any accidents involving employees from and against any and serious personal injury or death and of all liability of any kind whatsoever any fires or spills on the site as soon as arising out of or resulting from the feasible, but no later than 24 hours acts or omissions of the operator and after the accident occurs. You must its employees, agents, representatives, submit a full written report on the ac- contractors, and subcontractors in the cident to the Superintendent within 90 conduct of activities under the oper- days after the accident occurs. ations permit; and (d) You must notify the Super- (e) The operator/permittee must intendent as soon as feasible, but no agree to take all reasonable pre- later than 24 hours after the discovery cautions to avoid, minimize, rectify, or of any cultural or scientific resource reduce the overall impacts of your pro- you encounter that might be altered or posed oil and gas activities to System destroyed by your operation. You must units. You may be required to mitigate cease operations if necessary and leave for impacts to NPS resources and lost the discovered resource intact until the

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Superintendent provides you with in- ered, covering the period between the structions. The Superintendent will de- commencement of hydraulic fracturing termine, within 10 working days after and the implementation of the ap- notification what action will be taken proved permit for the disposal of pro- with respect to the discovery. duced water under NPS requirements: (e) Upon the Superintendent’s re- (1) The methods of handling the request, you must submit reports or covered fluids, including, but not lim- other information necessary to verify ited to, transfer pipes and tankers, compliance with your permit or with holding pond use, re-use for other stim- any provision of this subpart. To fulfill ulation activities, or injection; and this request, you may submit to the (2) The disposal method of the recov- NPS reports that you have submitted ered fluids, including, but not limited to the State under State regulations, to, the percent injected, the percent or that you have submitted to any stored at an off-lease disposal facility, other Federal agency. and the percent recycled; and (h) Continuous monitoring records of § 9.122 What additional reports must I annulus pressure at the bradenhead submit if my operation includes hy- and other annular pressures that docu- draulic fracturing? ment pressures before, during, and If your operations include hydraulic after injection operations. You must fracturing, you must provide the Su- submit a signed certification that perintendent with a report including wellbore integrity was maintained all of the following details of the stim- throughout the operation. ulation within 30 days after the completion of the last stage of hydraulic ACCESS TO OIL AND GAS RIGHTS fracturing operations for each well: (a) The true vertical depth of the § 9.130 May I cross Federal property to well; total water volume used; a de- reach the boundary of my oil and scription of the base fluid and each ad- gas right? ditive in the hydraulic fracturing fluid, The Regional Director may grant you including the trade name, supplier, the privilege of access, subject to the purpose, ingredients; Chemical Ab- provisions of any applicable law, on, stract Service Number (CAS); max- across, or through federally owned or imum ingredient concentration in ad- administered lands or waters in any ditive (percent by mass); and maximum System unit outside of Alaska to reach ingredient concentration in hydraulic the boundary of your oil and gas right. fracturing fluid (percent by mass). This information may be submitted to the § 9.131 Will the NPS charge me a fee Superintendent through FracFocus or for access? another existing database available to (a) Except as provided in paragraph the public; (b) of this section, the Regional Direc- (b) The actual source(s) and locator may charge you a fee if you use fed- tion(s) of the water used in the hydrau- erally owned or administered lands or lic fracturing fluid; waters that are outside the scope of (c) The maximum surface pressure your oil and gas right. and rate at the end of each stage of the (1) If you require the use of federally hydraulic fracturing operation and the owned or administered lands or waters actual flush volume; to access your operation, the Regional (d) The actual, estimated, or cal- Director will charge you a fee based on culated fracture length, height and di- the fair market value of such use. rection; (2) If access to your mineral right is (e) The actual measured depth of per- on or across an existing park road, the forations or the open-hole interval; Regional Director may charge you a (f) The actual volume of stimulation fee according to a posted fee schedule. fluids recovered during flow back, in- (b) Fees under this section will not be cluding a description of how the vol- charged for access within the scope of umes were measured or calculated; your oil and gas right or access to your (g) The following information con- mineral right that is otherwise pro- cerning the handling of fluids recov- vided for by law.

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§ 9.132 Will I be charged a fee for (b) Accepts a new operator’s financial emergency access to my operations? assurance under § 9.160(b) or (c). The Regional Director will not § 9.144 Under what circumstances will charge a fee for access across federally the NPS retain my financial assur- owned or administered lands beyond ance? the scope of your oil and gas right as (a) We will retain all or part of your necessary to respond to an emergency financial assurance if compliance with situation at your area of operations if your reclamation responsibilities the Regional Director determines that under the approved permit or any pro- the circumstances require an imme- visions of this subpart is incomplete. diate response to either: (b) In addition, we may also: (a) Prevent or to minimize injury to (1) Prohibit you from removing all park resources; or structures, equipment, or other mate- (b) Ensure public health and safety. rials from your area of operations; FINANCIAL ASSURANCE (2) Require you to secure the operations site and take any necessary ac- § 9.140 Do I have to provide financial tions to protect federally owned or ad- assurance to the NPS? ministered lands, waters, or resources of System units, visitor uses or experi- Yes. You must file financial assur- ences, or visitor or employee health ance with us in a form acceptable to and safety; and the Regional Director and payable upon demand. This financial assurance (3) Suspend review of any permit ap- is in addition to any financial assur- plications you have submitted until ance required by any other regulatory the Regional Director determines that authority. all violations of permit provisions or of any provision of this subpart are re- § 9.141 How does the NPS establish the solved. amount of financial assurance? (4) Seek recovery as provided in § 9.141 for all costs of reclamation in ex- We base the financial assurance cess of the posted financial assurance. amount upon the estimated cost for a third-party contractor to complete rec- MODIFICATION TO AN OPERATION lamation in accordance with this subpart. If the cost of reclamation exceeds § 9.150 How can an approved permit the amount of your financial assur- be modified? ance, you remain liable for all costs of (a) You may request modification to reclamation in excess of the financial a temporary access permit or oper- assurance. ations permit by providing the Re- gional Director with written notice de- § 9.142 Will the NPS adjust my finan- scribing the modification and why you cial assurance? think it is needed. The Regional Director may require, (b) The Regional Director may pro- or you may request, an adjustment to pose to modify an approved temporary the financial assurance amount be- access or operations permit to address cause of any circumstance that in- changed or unanticipated conditions creases or decreases the estimated within your area of operations. You costs established under § 9.141. will be notified in writing of the proposed modifications and the justifica- § 9.143 When will the NPS release my tions therefore, and the time within financial assurance? which you must either notify the Re- We will release your financial assur- gional Director that you accept the ance within 30 days after the Regional modifications to your permit or ex- Director: plain any concerns you may have (a) Determines that you have met all (c) The Regional Director will review applicable reclamation operating requests made under paragraph (a) of standards and any additional reclama- this section or responses provided tion requirements that may be in- under paragraph (b) of this section ap- cluded in your operations permit; or plying the approval standards and

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timeframes at § 9.62 or § 9.104, respec- previous operator’s permit consistent tively. You will be notified in writing with the procedures at § 9.150; of the Regional Director’s decision and (2) Financial assurance in the any revisions approved to the terms of amount specified by the Regional Di- the permit. rector and in accordance with the requirements of §§ 9.140 through 9.144; CHANGE OF OPERATOR (3) Proof of liability insurance with limits sufficient to cover injuries to § 9.160 What are my responsibilities if I transfer my operations? persons or property caused by your operations; and (a) You must notify the Super- (4) An affidavit stating that your op- intendent in writing within 30 calendar erations are in compliance with all ap- days after the date the new owner ac- plicable Federal, State, and local laws quires the rights to conduct oper- and regulations. ations. Your written notification must (b) If the previous operator was include: granted an exemption under § 9.72, you (1) The names and contact informa- must provide the Superintendent the tion of the person or entity conveying following information within 30 cal- the oil or gas right, and the names and endar days after the date you acquire contact information of the person or the rights to conduct operations: entity acquiring the oil or gas right; (1) Right to operate documentation (2) The effective date of transfer; demonstrating that you are the suc- (3) The description of the rights, as- cessor in interest to the previous oper- sets, and liabilities being transferred ator’s right, and the extent of such and those being reserved by the pre- right, to operate within the System vious owner; and unit; and (4) A written acknowledgement from (2) The names and contact informa- the new owner that the contents of the tion of: notification are true and correct. (b) Until you meet the requirements (i) The operator; of this section and the Regional Direc- (ii) The owner; and tor provides notice to you that the new (iii) The individuals responsible for operator has complied with § 9.161(a) overall management, field supervision, you remain responsible for compliance and emergency response of the pro- with your operations permit, and we posed operations. will retain your financial assurance. (c) If the previous operator was oper- (c) If you were operating without an ating without an operations permit, operations permit, you are subject to you will be considered a previously ex- §§ 9.120 through 9.122 and §§ 9.180 empt operator and must obtain an op- through 9.182 until the new operator erations permit. Within 90 days after meets the requirements of this section acquiring the rights to conduct oper- and the Regional Director provides no- ations, you must submit the informa- tice to you that the new operator has tion at § 9.51(a) through (j), and your complied with § 9.161(b) or (c), as appli- operations permit application will be cable. processed in accordance with §§ 9.52 and 9.53. § 9.161 What must I do if operations are transferred to me? WELL PLUGGING (a) If you acquire rights to conduct § 9.170 When must I plug my well? operations, you must provide to the Superintendent: Except as provided in § 9.171, you (1) Written acknowledgment that you must plug your well when any of the adopt the previous operator’s oper- following occurs: ations permit, and that you agree to (a) Your drilling operations have conduct operations in accordance with ended and you have taken no further all terms and conditions thereof, or action to produce the well within 60 that you adopt the previous operator’s days; operations permit and are also request- (b) Your well, which has been coming approval for modification of the pleted for production operations, has

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no measureable production quantities tion, pertaining to your oil and gas op- for 12 consecutive months; or eration. (c) The period approved in your operations permit to maintain your well in § 9.181 What enforcement actions can shut-in status has expired. the NPS take? If you engage in a prohibited act de- § 9.171 Can I get an extension to the scribed in § 9.180: well plugging requirement? (a) You may be subject to a fine or (a) You may apply for either a modi- imprisonment, or both, in accordance fication to your approved operations with 36 CFR 1.3; permit or, in the case of previously ex- (b) The Superintendent may suspend empt operations, an operations permit your operations; or to maintain your well in a shut-in sta- (c) The Regional Director may re- tus for up to 5 years. The application voke your approved temporary access must include: permit or operations permit. (1) An explanation of why the well is shut-in or temporarily abandoned and § 9.182 How do violations affect my your future plans for utilization; ability to obtain a permit? (2) Proof of the mechanical integrity of both surface and production casing Until you are in compliance with this demonstrating that no migration of subpart or the terms and conditions of fluid can be expected to occur; and an existing temporary access permit or (3) A description of the manner in operations permit, we will not consider which your well, equipment, and area any new permit requests to conduct op- of operations will be maintained. erations within any System unit. (b) Based on the information pro- RECONSIDERATION AND APPEALS vided under this section, the Regional Director may approve your application § 9.190 Can I, as operator, request re- to maintain your well in shut-in status consideration of NPS decisions? for a period up to 5 years. You may apply for additional extensions by sub- Yes. If you disagree with a decision mitting a new application under para- of the Regional Director under this graph (a) of this section. subpart, you may file with the Re- gional Director a written statement de- PROHIBITIONS AND PENALTIES scribing the alleged factual or legal errors in the original decision and re- § 9.180 What acts are prohibited under questing that the Regional Director re- this subpart? consider the decision. You must file The following are prohibited: your request for reconsideration within (a) Operating in violation of the 60 calendar days after your receipt of terms or conditions of a temporary ac- the Regional Director’s decision. The cess permit, or an approved operations NPS will dismiss as untimely any re- permit, or any provision of this sub- quest for reconsideration received part; more than 60 days after your receipt of (b) Damaging federally owned or ad- the original decision. ministered lands, waters, or resources of a System unit as a result of viola- § 9.191 How does the NPS process my tion of the terms or conditions of a request for reconsideration? temporary access permit, an operations The Regional Director will review his permit, or any provision of this sub- or her original decision and, within 90 part; days after receipt of your appeal, pro- (c) Conducting operations or activi- vide you with a written statement re- ties without a required permit; versing, affirming, or modifying that (d) Failure to comply with any sus- decision, unless the Regional Director pension or revocation order issued notifies you that he or she needs addi- under this subpart; and tional time to review the original deci- (e) Failure to comply with any appli- sion. When issued, that written state- cable Federal law or regulation, or ment constitutes the Regional Direc- non-conflicting State law or regula- tor’s final decision on the matter.

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§ 9.192 Can I appeal the Regional Di- and no further appeal will lie in the De- rector’s decision? partment from that decision. (a) If the Regional Director affirms § 9.193 Will filing a request for recon- or modifies his or her original decision sideration or appeal stop the NPS after you file a request for reconsider- from taking action under this sub- ation, you may file an appeal with the part? NPS Director within 60 calendar days after your receipt of the Regional Di- (a) Except as provided for in para- rector’s decision under § 9.191. graph (b) of this section, during the reconsideration and appeal processes, the (b) Your appeal must include a state- decision at issue will be stayed (sus- ment of exceptions specifying your specific disagreements with the Regional pended). The decision will not become Director’s final decision. If you do not effective until the appeals process is file your appeal within 60 calendar completed. days, your appeal will be dismissed as (b) If NPS suspends your operation untimely. due to an emergency within your area (c) If you timely file your statement of operation that poses an immediate of exceptions, the Regional Director threat of injury to federally owned or will forward his or her decision and the administered lands or waters, or to record for the appeal to the NPS Direc- public health and safety, you have a tor. The record will consist of all docu- right to request reconsideration and ments and materials considered by appeal the decision under §§ 9.190 NPS that are related to the matter ap- through 9.194, but the suspension will pealed. The Regional Director will not be stayed until the threat is elimi- maintain that record under separate nated. cover and will certify that the decision was based on that record. The Regional § 9.194 What if the original decision was made by the Superintendent? Director will make a copy of the record available to you at your request. Where the Superintendent has the (d) If, upon review, the NPS Director authority to make the original deci- considers the record inadequate, the sion, requests for reconsideration and NPS Director may require additional appeals may be filed in the manner pro- documentation or information, or may vided by §§ 9.190 through 9.193, except remand the matter to the Regional Di- that: rector with instructions for further ac- (a) The request for reconsideration tion. will be filed with and decided by the (e) Within 45 calendar days from the Superintendent; date the NPS Director receives your (b) The appeal will be filed with and statement of exceptions, the Director decided by the Regional Director; and will issue a written decision. If the Di- (c) The Regional Director’s decision rector requires more than 45 calendar will constitute the final agency action days to reach a decision, the Director on the matter. will notify you and specify the reasons for the delay. The Director’s written PUBLIC PARTICIPATION decision will include: (1) A statement of facts; § 9.200 How can the public participate (2) A statement of conclusions; and in the approval process? (3) An explanation of the basis for the (a) Interested parties may view the decision. publicly available documents at the (f) No NPS decision under these regu- Superintendent’s office during normal lations that is subject to appeal to the business hours or by other means pre- Director, or the Regional Director pur- scribed by the Superintendent. The suant to § 9.194, will be considered final availability for public inspection of in- agency action subject to judicial re- formation about the nature, location, view under 5 U.S.C. 704 unless the ap- character, or ownership of park re- propriate official has rendered a deci- sources will conform to all applicable sion on the matter. That decision will law and implementing regulations, constitute NPS’s final agency action, standards, and guidelines.

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(b) The Superintendent will make (d) If the operator relies upon infor- available for public inspection any doc- mation from third parties, such as the uments that an operator submits to the owner of the withheld information, to NPS under this subpart except those make the affirmations in paragraphs that you have identified as proprietary (c)(6) through (8) of this section, the or confidential. operator must provide a written affi- (c) For the information required in davit from the third party that sets §§ 9.88, 9.89, and 9.122, the operator and forth the relied-upon information. the submitter of the information will (e) The NPS may require any oper- be deemed to have waived any right to ator to submit to the NPS any with- protect from public disclosure informa- held information, and any information tion submitted to the NPS. For infor- relevant to a claim that withheld information required under §§ 9.88, 9.89, and mation is exempt from public disclo- 9.122 that the owner of the information sure. claims to be exempt from public disclo- (f) If the NPS determines that the insure and is withheld from the NPS, a formation submitted under paragraph corporate officer, managing partner, or (e) of this section is not exempt from sole proprietor of the operator must disclosure, the NPS will make the in- sign and the operator must submit to formation available to the public after the Superintendent an affidavit that: providing the operator and owner of (1) Identifies the owner of the with- the information with no fewer than 10 held information and provides the business days’ notice of the NPS’s de- name, address and contact information termination. for a corporate officer, managing part- (g) The operator must maintain ner, or sole proprietor of the owner of records of the withheld information the information; until the later of the NPS’s release of (2) Identifies the Federal statute or the operator’s financial assurance or 7 regulation that would prohibit the NPS years after completion of hydraulic from publicly disclosing the informa- fracturing operations. Any subsequent tion if it were in the NPS’s possession; operator will be responsible for main- (3) Affirms that the operator has taining access to records required by been provided the withheld information this paragraph during its operation of from the owner of the information and the well. The operator will be deemed is maintaining records of the withheld to be maintaining the records if it can information, or that the operator has promptly provide the complete and ac- access and will maintain access to the curate information to NPS, even if the withheld information held by the information is in the custody of its owner. owner of the information; (h) If any of the chemical identity in- (4) Affirms that the information is formation required in § 9.122 is with- not publicly available; held, the operator must provide the ge- (5) Affirms that the information is neric chemical name in the submission not required to be publicly disclosed required by § 9.122. The generic chem- under any applicable local, State, trib- ical name must be only as nonspecific al, or Federal law; as is necessary to protect the confiden- (6) Affirms that the owner of the in- tial chemical identity, and should be formation is in actual competition and the same as or no less descriptive than identifies competitors or others that the generic chemical name provided to could use the withheld information to the Environmental Protection Agency. cause the owner of the information substantial competitive harm; INFORMATION COLLECTION (7) Affirms that the release of the information would likely cause substan- § 9.210 Has the Office of Management tial competitive harm to the owner of and Budget approved the informa- the information and provides the faction collection requirements? tual basis for that affirmation; and (a) The Office of Management and (8) Affirms that the information is Budget (OMB) has reviewed and ap- not readily apparent through reverse proved the information collection re- engineering with publicly available in- quirements in 36 CFR part 9, subpart B, formation. and assigned OMB Control Number

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1024–0274. We may not conduct or spon- in Alaska under the Alaska Mineral sor and you are not required to respond Resource Assessment program to a collection of information unless it (AMRAP) as authorized by section 1010 displays a currently valid OMB control of ANILCA. AMRAP activities con- number. We use the information col- ducted under this subpart shall be per- lected to: formed in accordance with ANILCA, (1) Evaluate proposed operations; the regulations in this subpart, the (2) Ensure that all necessary mitiga- terms and conditions of an approved tion measures are employed to protect permit, and other applicable statutes park resources and values; and and regulations, and amendments (3) Ensure compliance with all appli- thereto. cable laws and regulations. (b) You may submit comments on § 9.302 Definitions. any aspect of the information collec- The terms used in this subpart shall tion requirements to the Information have the following meaning: Collection Clearance Officer, National (a) AMRAP means the Alaska Min- Park Service, 12201 Sunrise Valley eral Resource Assessment Program au- Drive, Room 2C114, Mail Stop 242, Res- thorized by section 1010 of the Alaska ton, VA 20192. National Interest Lands Conservation Act of 1980 (ANILCA), 16 U.S.C. 3150. Subpart C—Alaska Mineral (b) AMRAP Activities means any Resource Assessment Program project, method, technique or other activity incidental to mineral resource AUTHORITY: 16 U.S.C. 410hh; 16 U.S.C. 3101, assessments conducted by authorized et seq.; 16 U.S.C. 347; 16 U.S.C. 410bb; 16 U.S.C. AMRAP agencies or their contractors 1131 et seq.; 54 U.S.C. 320301; 54 U.S.C. 100101, in units of the National Park System et seq. in Alaska pursuant to section 1010 of SOURCE: 56 FR 22652, May 16, 1991, unless ANILCA under an approved permit. otherwise noted. Redesignated at 81 FR 77992, AMRAP activities include access into, Nov. 4, 2016. across, through, or over a unit of the National Park System for the conduct § 9.300 Purpose. of those activities. Only mineral re- These regulations govern the conduct source assessment methods or tech- of the mineral resource assessment ac- niques that do not result in lasting im- tivities authorized under § 1010 of the pacts on park resources and values Alaska National Interest Lands Con- may be permitted as AMRAP activi- servation Act (ANILCA), 16 U.S.C. 3101, ties. Mineral resource assessment tech- et seq., in units of the National Park niques may include aerial photography; System in Alaska. The regulations are remote sensing; hand-sampling of geo- designed to ensure that authorized logic materials; hand-sampling or Federal agencies and their contractors hand-augering methods for geo- carry out mineral resource assessment chemical analyses; and geophysical activities in an environmentally sound techniques such as magnetic, elec- manner that does not result in lasting trical, electromagnetic, chemical, ra- environmental impacts that appre- dioactive, and gravitational methods. ciably alter the natural character of Mineral resource assessment activities the units, or biological or ecological may be permitted as long as: systems in the units; is compatible (1) No explosives are used; with the purposes for which the units (2) They are consistent with § 9.306; are established; and ensures that all and units are left unimpaired and preserved (3) They are consistent with the pro- for the enjoyment of present and future visions of the Wilderness Act of 1964 (16 generations. U.S.C. 1131 et seq.) and National Park Service policies concerning wilderness § 9.301 Scope and applicability. management and the use of motorized These regulations apply to all activi- equipment in wilderness areas. ties conducted by authorized agencies Core and test drilling, including ex- and their contractors on public lands ploratory drilling of oil and gas test in units of the National Park System wells, are explicitly prohibited as

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AMRAP activities in units of the Na- Regional Director and will contain at a tional Park System. minimum: (c) AMRAP agencies means those (1) The name of the AMRAP agency agencies of the U.S. Department of the and responsible office and, where appli- Interior that are authorized by the cable, its designated contractual rep- Secretary to perform mineral resource resentative that will conduct the pro- assessment activities pursuant to sec- posed activities; tion 1010 of ANILCA. (2) The name, office address and tele- (d) Superintendent means the Super- phone numbers of the AMRAP agency intendent, or his/her designee, of the persons or contractor persons who will unit of the National Park System in supervise the proposed activities, and a Alaska where AMRAP activities are list of all individual’s names, addresses conducted or proposed to be conducted. and telephone numbers who will be [56 FR 22652, May 16, 1991, as amended at 60 present at field activities; FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, (3) A list of any previous AMRAP ac- 1997; 81 FR 78005, Nov. 4, 2016] tivities or prior geologic and mineral resource assessments that have oc- § 9.303 Coordination of AMRAP activi- curred in the proposed study area; ties in National Park System units. (4) A discussion of overall project ob- (a) To facilitate compliance with this jectives, schedules and products, and Subpart, each AMRAP agency will des- how the proposed activities for the cur- ignate a coordinator for AMRAP ac- rent application relate to those objec- tivities in Alaska who will be the cen- tives; tral point of communications with the (5) A description of the activities pro- NPS. The AMRAP agency is respon- posed for approval, including a detailed sible for notifying the Regional Direc- description of the collection tech- tor of such designation. niques, sampling methods and equip- (b) By January 1 of each year, the ment to be used in each area; designated coordinators for the (6) Topographic maps identifying the AMRAP agencies will, in consultation specific areas in units of the National with the Regional Director, schedule Park System where the agency pro- an interagency meeting to be held by poses to conduct each AMRAP activ- January 31 of each year. Representa- ity; tives of the AMRAP agencies and the (7) The approximate dates on which NPS will meet to develop a mutually the AMRAP activities for each area are agreeable schedule of AMRAP projects proposed to be commenced and com- and activities in Alaska units of the pleted; National Park System. Where prac- (8) A description of access means and ticable, AMRAP agencies will consoli- routes for each area in which work is date their field activities, including ac- proposed including an estimate of the cess and field camps, to minimize dis- number of flights or number of vehicle turbance to park resources and values. trips; (9) A description of the field support § 9.304 Application requirements. requirements proposed for locations on (a) By February 15 of each year, the lands within units of the National Park designated coordinator of each AMRAP System, including camp sites, fuel agency will forward to the Regional Di- storage areas, and any other require- rector an application pursuant to ments; § 9.304(b) for proposed AMRAP projects (10) A discussion which documents and activities discussed and reviewed that proposed activities will be carried at the annual coordination meeting out in an environmentally sound man- held under § 9.303(b). Applications re- ner utilizing the least impacting tech- quiring additional information will be nology suitable for the purposes of the promptly returned to, or discussed project; and with, the coordinator of the involved (11) A description of how any dis- AMRAP agency to resolve any defi- turbed areas, such as camp sites, will ciencies. be reclaimed. (b) Applications will be submitted in [56 FR 22652, May 16, 1991. Redesignated and a form and manner prescribed by the amended at 81 FR 77992, 78005, Nov. 4, 2016]

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§ 9.305 Environmental compliance. plicable regulations, guidelines and policies. Each AMRAP agency is responsible (b) The NPS may restrict the conduct for obtaining all required Federal, of AMRAP activities in certain areas State, and local permits and must pro- and during sensitive periods, such as vide sufficient information to the NPS nesting, calving and spawning seasons, to ensure appropriate compliance with to minimize impacts to fish and wild- the National Environmental Policy Act life or to comply with existing policies of 1969 (42 U.S.C. 4321 et seq.), the Na- or directives. tional Historic Preservation Act of 1966 (c) All project areas affected by (16 U.S.C. 470 et seq.), and other applica- AMRAP activities shall be left in an ble statutes. unimpaired state by the AMRAP agency and its contractors. All costs borne § 9.306 Application review process and by the NPS in cleaning or restoring an approval standards. area affected by AMRAP activities will (a) The Regional Director will review be recoverable from the AMRAP agen- applications submitted pursuant to cy. § 9.304 and will ensure that final action (d) Copies of all published informa- is taken on such applications by April tion or written reports resulting from 15 of each year. If additional review AMRAP activities conducted in units time is necessary to ensure compliance of the National Park System shall be with this Subpart or with other appli- provided to the Regional Director. cable laws, Executive Orders and regu- (e) The NPS reserves the right, with- lations, the Regional Director will out prior notice to the AMRAP agency promptly notify the AMRAP agency or its contractors, to observe or inspect coordinator of the anticipated date of a AMRAP activities to determine wheth- final decision. er such activities are being conducted (b) The Regional Director is respon- pursuant to this subpart and the terms sible for approving AMRAP activities and conditions of the approved permit. in units of the National Park System in Alaska. § 9.308 Permit modification, suspen- (c) To be approved, proposed AMRAP sion, and cancellation. activities must be designed to be car- (a) A proposal to modify, supplement, ried out in an environmentally sound or otherwise amend an approved permit manner, as determined in appropriate shall be made by an AMRAP agency by environmental documentation, that: written request to the Regional Direc- (1) Does not result in lasting environ- tor. The Regional Director shall review mental impacts that appreciably alter and promptly act on the proposed the natural character of the units or modification pursuant to the standards the integrity of the biological or eco- set forth in § 9.306. An AMRAP agency logical systems in the units; and may not undertake any of the activi- (2) Is compatible with the purposes ties proposed in the modification until and values for which the units are es- the Regional Director approves the tablished; and modification and the Superintendent (3) Does not adversely affect the nat- amends the approved permit. ural and cultural resources, visitor use, (b) The Superintendent may modify, or administration of the area. suspend or cancel an AMRAP agency’s permit by notifying the agency in writ- [56 FR 22652, May 16, 1991. Redesignated and ing, or orally in an emergency situa- amended at 81 FR 77992, 78005, Nov. 4, 2016] tion, when the Superintendent determines that: § 9.307 Permitting requirements and (1) Changes to the permit are nec- standards. essary to address conditions not pre- (a) AMRAP activities approved by viously anticipated; or the Regional Director may be con- (2) There is imminent threat of seri- ducted in units of the National Park ous, irreparable, or immediate harm or System pursuant to a permit issued by danger to public health and safety, or the Superintendent in accordance with the natural and cultural resources and this subpart, 36 CFR 1.6, and other ap- values of the unit; or

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(3) The AMRAP agency or its con- AUTHORITY: Secs. 1–3, 39 Stat. 535, as tractors fails to comply with the provi- amended; 42 Stat. 1214, 45 Stat. 1644, secs. 1, sions of ANILCA or of any other appli- 2, 52 Stat. 708, secs. 1, 2, 67 Stat. 495, 496; 16 cable law or regulation, the provisions U.S.C. 1, 1b, 1c, 2, 3, 36, 36a, 141c. and conditions of the approved permit SOURCE: 24 FR 11054, Dec. 30, 1959, unless and any modification thereto, or any otherwise noted. written or field orders issued by the Superintendent. § 10.1 Animals available. (c) Modification, suspension, or can- From time to time there are surplus cellation of an approved permit pursu- live elk, buffaloes and bears in Yellow- ant to paragraph (b) of this section stone National Park, and live buffaloes shall be effective immediately upon re- in Wind Cave National Park which the ceipt of oral or written notice from the Secretary may, in his discretion, dis- Regional Director or the Super- pose of to Federal, State, county and intendent. Notices issued orally shall municipal authorities for preserves, be followed by written notice sent by zoos, zoological gardens, and parks. certified mail within three (3) working When surplus live elk and buffaloes are days confirming and explaining the ac- available from these national parks, tion. Suspensions shall remain in effect the Secretary may, in his discretion, until the basis for the suspension has dispose of these to individuals and pri- been corrected to the satisfaction of vate institutions. the Superintendent. Cancellation notices shall state the reason for can- § 10.2 Charges. cellation and shall be sent by the Su- No charge will be made for the ani- perintendent to the AMRAP agency at mals, but the receiver will be required least fourteen (14) days in advance of to make a deposit with the appropriate the date the cancellation will become superintendent to defray the expense of effective. capturing, crating, and transporting (d) Suspension or cancellation of a them to the point of shipment. The re- permit to conduct AMRAP activities ceiver may also be required to pay for shall not relieve the AMRAP agency or the services of a veterinarian for test- its contractors of the obligation to re- ing, vaccinating, and treating the ani- store any location in accordance with mals at the park for communicable dis- the requirements of this subpart and to eases and parasites. Estimates of such comply with all other obligations spec- expenses will be furnished by the ap- ified in this subpart and in the permit. propriate superintendent upon request. [56 FR 22652, May 16, 1991. Redesignated and amended at 81 FR 77992, 78005, Nov. 4, 2016] § 10.3 Application; requirements. (a) Applications for animals should § 9.309 Appeals. be directed to the appropriate super- Written appeals made within 30 days intendent, stating the kind, number, of notification of a final decision by age, and sex of animals desired. The the Regional Director pursuant to this post office address for Yellowstone Na- subpart shall be reviewed by the Direc- tional Park is Yellowstone Park, Wyo- tor of the National Park Service. Reso- ming, and for Wind Cave National Park lution of any outstanding issues shall is Hot Springs, South Dakota. follow current Department of the Inte- (b) Applicants desiring animals which rior procedures for resolving inter- are to be held in enclosures must show agency disputes. that they have suitable facilities for the care of the animals. Operators of PART 10—DISPOSAL OF CERTAIN game farms or private preserves must WILD ANIMALS submit evidence of their authority to engage in such operations. Sec. (c) When any animals are desired for 10.1 Animals available. liberation on private lands, the appli- 10.2 Charges. cation must be accompanied by the 10.3 Application; requirements. written concurrence of the State agen- 10.4 Shipment. cy having jurisdiction over wildlife.

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When any animals are desired for lib- over, the tie tack or pin may be worn eration on lands in the vicinity of by employees of the Service when not lands owned or controlled by the Fed- in uniform as a part of their civilian eral Government, the application must attire. be accompanied by the written concur- (b) The term commercial use as used in rence of the agency or agencies having the regulations of this part refers to jurisdiction over the Federally owned use of the ‘‘Arrowhead Symbol’’ or the or controlled lands. ‘‘Parkscape Symbol’’ on souvenirs or (d) Applications will not be granted other items of merchandise presented when the animals are to be slaugh- for sale to the public by private enter- tered, or are to be released without prise operating either within or outside adequate protection from premature of areas of the National Park System. hunting. (c) The term noncommercial use as used in the regulations of this part re- § 10.4 Shipment. fers to nongovernmental use of the (a) Elk, buffaloes, and bears may be ‘‘Arrowhead Symbol’’ or the obtained at the Park and be removed ‘‘Parkscape Symbol’’ other than as de- by truck. Elk and buffaloes, when not scribed in paragraph (c) of this section. transported by truck, must be crated individually for rail shipment in less [35 FR 8734, June 5, 1970, as amended at 62 FR 30234, June 3, 1997] than carload lots. Bears must be crated individually regardless of the number § 11.2 Uses. furnished or the character of the conveyance. The Director may permit the repro- (b) The receiver must furnish ship- duction, manufacture, sale, and use of ping crates constructed in accordance the ‘‘Arrowhead Symbol’’ or the with National Park Service specifica- ‘‘Parkscape Symbol’’, with or without tions. charge, for uses that will contribute to purposes of education and conservation as they relate to the program of the PART 11—ARROWHEAD AND National Park Service. All other uses PARKSCAPE SYMBOLS are prohibited.

Sec. [36 FR 16508, Aug. 21, 1971] 11.1 Definitions. 11.2 Uses. § 11.3 Power to revoke. 11.3 Power to revoke. Permission granted under this part 11.4 Penalties. by the Director may be rescinded by AUTHORITY: 54 U.S.C. 100101, 100751. him at any time upon a finding that the use of the symbol or symbols in- § 11.1 Definitions. volved is injurious to their integrity or (a) The term Arrowhead Symbol, as inconsistent with the purposes of the used in this part, refers to the insignia National Park Service in the fields of of the National Park Service pre- conservation and recreation, or for dis- scribed as its official symbol by notice regard of any limitations or terms con- published in the FEDERAL REGISTER of tained in the permits. March 15, 1962 (27 FR 2486). That symbol, use of which had been limited by [35 FR 8734, June 5, 1970, as amended at 36 FR 16508, Aug. 21, 1971] notice published in the FEDERAL REG- ISTER of October 22, 1968 (33 FR 15605– § 11.4 Penalties. 06), has been reinstated as the Service’s official emblem. The term ‘‘Parkscape Whoever manufactures, sells or uses Symbol,’’ as used in this part, is the the ‘‘Arrowhead Symbol’’ or the same insignia referred to in the FED- ‘‘Parkscape Symbol’’ in violation of ERAL REGISTER notice of October 22, the regulations of this part shall be 1968, as the ‘‘National Park Service subject to the penalties prescribed in Symbol.’’ The ‘‘Parkscape Symbol’’ has section 701 of title 18 of the United been prescribed as the official tie tack States Code. or pin to be worn by all National Park [35 FR 8734, June 5, 1970, as amended at 36 FR Service uniformed employees. More- 16508, Aug. 21, 1971]

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PART 12—NATIONAL CEMETERIES nent materials to honor more than one veteran. Sec. Demonstration means a demonstra- 12.1 Applicability and scope. tion, picketing, speechmaking, march- 12.2 Purpose of National Cemeteries. ing, holding a vigil or religious service, 12.3 Definitions. or any other like form of conduct that 12.4 Special events and demonstrations. involves the communication or expres- 12.5 Interments. 12.6 Disinterments and exhumations. sion of views or grievances, engaged in 12.7 Headstones and markers. by one or more persons, the conduct of 12.8 Memorial headstones and markers. which is reasonably likely to attract a 12.9 Commemorative monuments. crowd or onlookers. This term does not 12.10 Floral and commemorative tributes. include casual park use by persons that 12.11 Recreational activities. is not reasonably likely to attract a 12.12 Information collection. crowd or onlookers. AUTHORITY: 54 U.S.C. 100101, 100751, 320102. Eligible person means an individual SOURCE: 51 FR 8979, Mar. 14, 1986, unless authorized by Federal statute and VA otherwise noted. Policy to be interred or memorialized in a national cemetery. § 12.1 Applicability and scope. Government headstone means a stand- The regulations in this part apply to ard upright stone, provided by the Vet- the national cemeteries administered erans Administration, of the same de- by the National Park Service. These sign currently in use in a national cem- regulations supplement regulations etery to identify the interred remains. found in parts 1–5 and 7 of this chapter Gravesite reservation means a written and provide procedural guidance for agreement executed between a person the administration, operation and and the National Park Service to se- maintenance of these cemeteries. cure a gravesite prior to the death of an eligible person. § 12.2 Purpose of National Cemeteries. Headstone means a permanent stone National cemeteries are established placed vertically on a grave to identify as national shrines in tribute to the the interred remains. gallant dead who have served in the Historic enclosure means a permanent Armed Forces of the United States. fence, wall, hedge, or other structure Such areas are protected, managed and that surrounds the burial sections and administered as suitable and dignified defines the unique historic boundary of burial grounds and as significant cul- a national cemetery. tural resources. As such, the authoriza- Marker means a permanent device tion of activities that take place in na- placed horizontally on a grave to iden- tional cemeteries is limited to those tify the interred remains. that are consistent with applicable leg- Memorial headstone means a private islation and that are compatible with maintaining the solemn commemora- or government headstone placed in a tive and historic character of these memorial section of a national ceme- areas. tery with the words ‘‘In Memory Of’’ inscribed to honor a deceased eligible § 12.3 Definitions. person whose remains could not be interred in the national cemetery. The following definitions apply only to the regulations in this part: NPS Policy means the National Park Burial section means a plot of land Service’s Guidelines for National Ceme- within a national cemetery specifically teries, NPS–61. designated to receive casketed or cre- Private headstone means an upright mated human remains. stone provided by a person at no ex- Close relative means a surviving pense to the government and in lieu of spouse, parent, adult brother or sister, a government headstone. or adult child. Recreational activity means any form Commemorative monument means a of athletics, sport or other leisure pur- monument, tablet, structure, or other suit or event, whether organized or commemorative installation of perma- spontaneous, that is engaged in by one

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or more persons for the primary pur- may be interred prior to receipt of a pose of exercise, relaxation or enjoy- burial permit. ment, including but not limited to the (3) The superintendent shall process a following: jogging, racing, skating, burial permit in accordance with VA skateboarding, ball playing, kite fly- Policy. ing, model airplane flying, throwing (c) Gravesite assignment. (1) Gravesite objects through the air, sunbathing, bi- assignment and allotment are made ac- cycling and picknicking. This term cording to VA Policy which specifies does not include walking, hiking or that only one gravesite is authorized casual strolling. for the burial of an eligible member of Special event means a sports event, the Armed Forces and eligible imme- pageant, celebration, historical reen- diate family members. Exceptions to actment, entertainment, exhibition, this practice may be approved only by parade, fair, festival, or similar activ- the Director. ity that is not a demonstration, en- (2) The superintendent is responsible gaged in by one or more persons, the for the actual assignment of a conduct of which is reasonably likely gravesite. to attract a crowd or onlookers. This (3) The superintendent may not ac- term does not include casual park use cept a new gravesite reservation. A by persons that is not reasonably like- gravesite reservation granted in writ- ly to attract a crowd or onlookers. ing prior to the adoption of the one- VA Policy means the current editions gravesite-per-family-unit restriction of the Veterans Administration’s shall be honored as long as the person Manuals that pertain to the adminis- remains eligible. tration of the National Cemetery Sys- (d) Burial sections. (1) The super- tem. intendent of each national cemetery [51 FR 8979, Mar. 14, 1986, as amended at 79 shall develop an interment plan for FR 33436, June 11, 2014] burial sections in keeping with the historic character of the national ceme- § 12.4 Special events and demonstra- tery, to be approved by the Regional tions. Director. Conducting a special event or dem- (2) The superintendent shall specify onstration, whether spontaneous or or- gravesite dimensions that conform to ganized, is prohibited except for offi- the historic design of the national cem- cial commemorative events conducted etery. for Memorial Day, Veterans Day and (3) Expansion of a burial section is other dates designated by the super- prohibited without the approval of the intendent as having special historic Regional Director. and commemorative significance to a (4) An interment is authorized only particular national cemetery. Com- within a burial section; the super- mittal services are excluded from this intendent may not authorize an inter- restriction. ment within a memorial section. (5) Cremated remains may be scat- § 12.5 Interments. tered in a national cemetery in con- (a) Who may be interred. A person’s formance with the provisions of § 2.62 of eligibility for burial in a national cem- this chapter and applicable State laws. etery is determined in accordance with (6) Expansion of a national cemetery the provisions of Federal statutory outside the confines of its historic en- law. Interments are conducted in ac- closure is prohibited. cordance with NPS policy and VA Pol- icy. § 12.6 Disinterments and exhumations. (b) Burial permit. (1) A burial permit (a) Interment of an eligible person’s is required in accordance with the laws remains is considered permanent. Dis- and regulations of the State and local interment and removal of remains are municipality within whose boundaries allowed only for the most compelling the cemetery is located. of reasons and may be accomplished (2) The remains of a member of the only under the supervision of the su- Armed Forces who dies on active duty perintendent.

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(b) Except for a directed exhumation court orders and other pertinent docu- conducted pursuant to paragraph (f) of ments in the national cemetery files as this section, a disinterment is allowed a permanent record of the action. only pursuant to the terms and condi- (g) To the extent practicable, a ditions of a permit issued by the super- rected exhumation shall be accom- intendent. plished without expense to the Na- (c) A disinterment shall be accom- tional Park Service and without direct plished at no cost to the National Park participation by national cemetery em- Service. The superintendent shall es- ployees. tablish a fee designed to recover the (h) The superintendent shall coordi- costs associated with supervising and nate a directed exhumation with the administering a disinterment, includ- ordering court, assure compliance with ing the costs of opening and closing the all State and local laws and supervise grave and redressing any disturbed disinterment activities on site. graves or headstones. (i) If reinterment of exhumed re- (d) The next-of-kin is responsible for mains is to be elsewhere, the super- making all arrangements and incurring intendent may reassign the gravesite all financial obligations related to a disinterment. These arrangements and for use in connection with another in- obligations include, but are not limited terment. to the following: § 12.7 Headstones and markers. (1) Compliance with State and local health laws and regulations; (a) Government headstones and (2) Engaging a funeral director; markers authorized to be furnished at (3) Recasketing the remains; government expense are provided in ac- (4) Rehabilitation of the gravesite accordance with NPS Policy and VA Pol- cording to conditions established by icy. the superintendent; (b) The erection of a marker or (5) Providing the superintendent a monument at private expense to mark notorized affidavit by each living close a grave in lieu of a government head- relative of the deceased and by the per- stone or marker is allowed only in cer- son who directed the initial interment, tain national cemetery sections in if living, and even though the legal re- which private headstones and markers lationship of such person to the dece- were authorized as of January 1, 1947, dent may have changed, granting per- and only with the prior approval of the mission for the disinterment; and Director. The name of the person(s) re- (6) Providing the superintendent a sponsible for the purchase and erection sworn statement, by a person having of the private headstone or marker first hand knowledge thereof, that may not appear on the headstone or those who supplied such affidavits com- marker or be identified elsewhere in prise all the living close relatives of the cemetery as the donor(s) of the pri- the decedent, including the person who vate headstone or marker. directed the initial interment. (c) A person who requests authoriza- (e) The following are prohibited: tion to erect a private headstone or (1) Failure to obtain a permit re- marker shall provide the following in- quired pursuant to this section; formation: (2) Violation of a condition established by the superintendent or of a (1) A list of the names of each person term or condition of a permit issued in to be inscribed upon the private head- accordance with this section; or stone or marker; (3) Failure to pay a fee prescribed by (2) The written approval of the next- the superintendent in accordance with of-kin and the person who directed the this section. burial of each person whose name is to (f) The directed exhumation of an eli- be inscribed; and gible person’s remains shall be accom- (3) A scale plan depicting the details plished upon receipt by the super- of design, materials, finish, carving, intendent of an order issued by a State lettering and arrangement of the in- or Federal court of competent jurisdic- scription and the foundation of the pro- tion. The superintendent shall retain posed private headstone or marker.

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(d) The Director’s approval of a re- it is submitted on behalf of the next-of- quest is conditioned upon the appli- kin or if the next-of-kin is deceased. cant’s granting to the National Park (2) An applicant for a memorial head- Service the substantive right to re- stone or marker shall submit such a remove and dispose of the private head- quest to the superintendent. stone or marker if, after it is installed, the applicant fails to maintain the pri- § 12.9 Commemorative monuments. vate headstone or marker in a condi- (a) Application. (1) A person request- tion specified by the Director. ing authorization to erect a commemo- (e) When a private headstone or marker has been erected at a veteran’s rative monument shall submit such a grave in a national cemetery, and the request to the Director. The Director’s next-of-kin desires to inscribe thereon approval should be obtained prior to the name and appropriate data per- fabrication of the commemorative taining to an eligible family member of marker since approval for installation the deceased whose remains will not be is conditioned upon compliance with interred, such inscription may be ac- other specifications found in this sec- complished with the prior approval of tion and all applicable provisions of the superintendent. Appropriate com- this part. memorative data may be inscribed (2) An applicant for authorization to when space permits. The words ‘‘In Me- erect a commemorative monument moriam’’ or ‘‘In Memory Of’’ are man- shall include the following information datory elements of such an inscription. in the application: (f) Except as may be authorized by (i) A list of the persons to be memori- the Director or by Federal statutory alized and the other data desired to be law for making a group burial, the inscribed on the commemorative erection of a mausoleum, an over- monument; and ground vault or a headstone or marker (ii) A scale plan depicting the details determined by the superintendent not of the design, materials, finish, carv- to be in keeping with the historic character of the national cemetery is pro- ing, lettering and the arrangement of hibited. An underground vault may be the inscription proposed for the com- placed at the time of interment at no memorative monument. expense to the National Park Service. (b) Specifications. (1) The Director may only authorize a commemorative § 12.8 Memorial headstones and mark- monument that conforms to the type, ers. size, materials, design, and specifica- (a) Who may be memorialized. (1) A tions prescribed for the historic design person’s eligibility for memorialization of the individual cemetery section in in a national cemetery is determined which it is proposed for installation. in accordance with the provisions of (2) The Director may not approve a Federal statutory law. commemorative monument that bears (2) The superintendent may authorize an inscription that includes the name the installation of a memorial head- of the person(s) responsible for its pur- stone or marker of an eligible person chase or installation. provided that no more than one indi- (c) Expense. A commemorative monu- vidual memorial headstone or marker ment approved by the Director may be is authorized for each eligible person. installed only under the conditions The erection of an individual memorial that there be no expense or liability in- marker to a person is not allowed in curred by the National Park Service in the same national cemetery in which the decedent’s name is inscribed on a connection with its purchase, fabrica- group burial headstone or marker. tion, transportation, delivery and erec- (b) Application. (1) The person eligible tion. to submit an application requesting a (d) Title to a commemorative monu- memorial headstone or marker is the ment vests in the National Park Serv- next-of-kin of the decedent to be me- ice upon its acceptance by an official morialized. An application received representative of the Director. from a close relative will be honored if

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§ 12.10 Floral and commemorative GENERAL PROVISIONS tributes. 13.108 Permit application procedures. The placement on a grave of fresh cut 13.110 Notice and comment on proposed per- or artificial flowers in or on a metal or mit. 13.112 Permit revocation. other non-breakable rod or container 13.114 Appeal procedures. designated by the superintendent is al- 13.116 Permittee’s interest. lowed at times designated by the super- 13.118 Cabin site compatibility. intendent. The placement of a statue, 13.120 Access. vigil light, or other commemorative 13.122 Abandonment. object on a grave, or the securing or at- 13.124 Emergency use. taching of any object to a headstone, 13.126 Authorized use and occupancy. marker or commemorative monument 13.130 New cabins and other structures otherwise authorized. is prohibited. CABIN USE—LEASES OR PERMITS IN EFFECT ON § 12.11 Recreational activities. DECEMBER 2, 1980 Engaging in a recreational activity is 13.136 Use and/or occupancy pursuant to a prohibited. valid existing lease or permit. 13.138 Renewal. § 12.12 Information collection. 13.140 Denial of renewal. 13.142 Transfer. The information collection requirements contained in §§ 12.6, 12.7, 12.8 and CABIN USE—CABIN NOT UNDER VALID LEASE 12.9 have been approved by the Office of OR PERMIT AS OF DECEMBER 1, 1978 Management and Budget under 44 13.144 Use and occupancy of a cabin prior to U.S.C. 3501 et seq., and assigned clear- December 18, 1973. ance number 1024–0026. The information 13.146 Use and occupancy of a cabin between is being collected to obtain informa- December 18, 1973 and December 1, 1978. tion necessary to issue permits and 13.148 Permit application. will be used to grant administrative 13.149 Permit application deadline. benefits. The obligation to respond is CABIN USE FOR COMMERCIAL FISHING required in order to obtain a benefit. ACTIVITIES 13.150 Use for authorized commercial fish- PART 13—NATIONAL PARK SYSTEM ing activities. UNITS IN ALASKA CABIN USE FOR SUBSISTENCE PURPOSES Subpart A—Administrative Provisions 13.160 Use of cabins for subsistence purposes. Sec. 13.161 Permit application. 13.1 Definitions. 13.162 Permit issuance. 13.2 Applicability and scope. 13.164 Permit terms. 13.4 Information collection. 13.166 Temporary facilities. 13.168 Shared use. Subpart B—General Provisions PUBLIC USE CABINS 13.20 Obstruction of airstrips. 13.170 General public use cabins. 13.25 Camping. 13.172 Management of public use cabins. 13.26 Picnicking. 13.176 Cabins in wilderness areas. 13.30 Weapons, traps and nets. 13.35 Preservation of natural features. USE OF TEMPORARY FACILITIES RELATED TO 13.40 Taking of fish. TAKING FISH AND WILDLIFE 13.42 Taking of wildlife in national pre- 13.182 Temporary facilities. serves. 13.184 Permit application. 13.45 Unattended or abandoned property. 13.186 Permit issuance. 13.50 Closure and restriction procedures. 13.188 Permit terms. 13.55 Permits. Subpart D Reserved Subpart C—Cabins [ ]

ADMINISTRATIVE PROVISIONS Subpart E—Special Visitor Services 13.100 Purpose and policy. 13.300 Applicability and scope. 13.102 Applicability. 13.305 Definitions. 13.104 Definitions. 13.310 Historical operators.

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13.315 Preferred operators. 13.908 Fishing limit of catch and in posses- 13.320 Preference to Cook Inlet Region, In- sion. corporated. 13.910 Mountain climbing. 13.325 Most directly affected Native Cor- 13.912 Kantishna area summer season fire- poration. arm safety zone. 13.330 Appeal procedures. 13.914 Bicycle use. 13.335 Information collection. 13.916 Use of roller skates, skateboards, Subpart F—Subsistence roller skis, in-line skates, and similar devices. 13.400 Purpose and policy. 13.918 Sable Pass Wildlife Viewing Area. 13.410 Applicability. 13.920 Wildlife distance conditions. 13.420 Definitions. 13.430 Determination of resident zones. MOTOR VEHICLE PERMITS 13.440 Subsistence permits for persons whose primary, permanent home is out- 13.930 Do I need a permit to operate a motor side a resident zone. vehicle on the Denali Park Road west of 13.450 Prohibition on aircraft use. the Savage River? 13.460 Use of snowmobiles, motorboats, dog 13.932 How many permits will be issued each teams, and other means of surface trans- summer? portation traditionally employed by 13.934 How will the superintendent manage local rural residents engaged in subsist- the permit program? ence uses. 13.936 What is prohibited? 13.470 Subsistence fishing. 13.480 Subsistence hunting and trapping. SNOWMACHINE (SNOWMOBILE) OPERATIONS 13.482 Subsistence collection and use of animal parts. 13.950 What is the definition of a traditional 13.485 Subsistence use of timber and plant activity for which section 1110(a) of material. ANILCA Permits snowmachines to be 13.490 Closure to subsistence uses of fish used in the Former Mt. McKinley Na- and wildlife. tional Park (Old Park) portion of Denali 13.495 Application procedures for subsist- National Park and Preserve? ence permits and aircraft exceptions. 13.952 May a snowmachine be used in that portion of the park formerly known as Subpart G [Reserved] Mt. McKinley National Park (Old Park)? 13.954 Where can I operate a snowmachine Subpart H—Special Regulations—Alagnak in Denali National Park and Preserve? Wild River 13.956 What types of snowmachines are al- 13.550 Wildlife distance conditions. lowed? 13.958 What other regulations apply to Subpart I—Special Regulations— snowmachine use? Aniakchak National Monument and 13.960 Who determines when there is ade- Preserve quate snow cover? 13.962 Does the Superintendent have other 13.602 Subsistence resident zone. regulatory authority? 13.604 Wildlife distance conditions. FRONTCOUNTRY DEVELOPED AREA (FDA) Subpart J—Special Regulations—Bering 13.970 Frontcountry Developed Area Defini- Land Bridge National Preserve tion. 13.702 Off-Road Vehicles. 13.972 Camping from April 15 through Sep- tember 30. Subpart K—Special Regulations—Cape 13.974 Camping from October 1 through Krusenstern National Monument April 14. 13.976 Fire. 13.802 Subsistence resident zone. 13.978 Pets. 13.980 Other FDA closures and restrictions. Subpart L—Special Regulations—Denali National Park and Preserve Subpart M—Special Regulations—Gates of GENERAL PROVISIONS the Arctic National Park and Preserve 13.902 Subsistence resident zone. 13.1002 Subsistence resident zone. 13.903 Subsistence use of off-road vehicles. 13.1004 Aircraft use. 13.904 Camping. 13.1006 Customary trade. 13.905 Group size. 13.1008 Solid waste disposal. 13.906 Unattended or abandoned property.

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Subpart N—Special Regulations—Glacier VESSEL OPERATING RESTRICTIONS Bay National Park and Preserve 13.1170 What are the rules for operating vessels? ADMINISTRATIVE PROVISIONS 13.1172 When general operating restrictions 13.1102 Definitions. do not apply. 13.1104 Coordinates. 13.1174 Whale water restrictions. 13.1106 Pets. 13.1176 Speed restrictions. 13.1108 Alsek Corridor. 13.1178 Closed waters, islands, and other 13.1109 Off-road vehicle use in Glacier Bay areas. National Preserve. 13.1180 Closed waters, motor vessels, and seaplanes. GENERAL PROVISIONS 13.1182 Noise restrictions. 13.1184 Other restrictions on vessels. 13.1110 Collection of interstadial wood. 13.1186 What are the emission standards for 13.1112 Collection of rocks and minerals. vessels? 13.1114 Collection of goat hair. 13.1188 Where to get charts depicting closed 13.1116 Camping. waters. 13.1118 Solid waste disposal. Subpart O—Special Regulations—Katmai BARTLETT COVE National Park and Preserve 13.1120 Bartlett Cove Developed Area closures and restrictions. GENERAL PROVISIONS 13.1122 Bartlett Cove Public Use Dock. 13.1202 Fishing. 13.1124 Bartlett Cove Campground. 13.1204 Traditional red fish fishery. 13.1126 Bicycles. 13.1206 Wildlife distance conditions. 13.1128 Is a permit required to transport 13.1208 Lake Camp. passengers between Bartlett Cove and 13.1210 Firearms. Gustavus? BROOKS CAMP DEVELOPED AREA COMMERCIAL FISHING 13.1220 Brooks Camp Developed Area defini- 13.1130 Is commercial fishing authorized in tion. the marine waters of Glacier Bay Na- 13.1222 Camping. tional Park? 13.1224 Visiting hours. 13.1132 What types of commercial fishing 13.1226 Brooks Falls area. are authorized in Glacier Bay? 13.1228 Food storage. 13.1134 Who is eligible for a Glacier Bay 13.1230 Campfires. commercial fishing lifetime access per- 13.1232 Sanitation. mit? 13.1234 Pets. 13.1136 How can an individual apply for a 13.1236 Bear orientation. commercial fishing lifetime access per- 13.1238 Picnicking. mit? 13.1240 Unattended property. 13.1138 Where should the documentation for 13.1242 BCDA closures and restrictions. a lifetime access permit be sent? 13.1140 Who determines eligibility? Subpart P—Special Regulations—Kenai 13.1142 Can I appeal denial of my commer- Fjords National Park cial fishing lifetime access permit application? GENERAL PROVISIONS 13.1144 How often will commercial fishing 13.1302 Subsistence. lifetime access permits be renewed? 13.1304 Ice fall hazard zones. 13.1146 What other closures and restrictions 13.1306 Public use cabins. apply to commercial fishermen and com- 13.1308 Harding Icefield Trail. mercial fishing vessels? 13.1310 Pets. 13.1312 Climbing and walking on Exit Gla- VESSEL PERMITS cier. 13.1150 Is a permit required for a vessel in 13.1316 Commercial transport of passengers Glacier Bay? by motor vehicles. 13.1152 Private vessel permits and conditions. EXIT GLACIER DEVELOPMENT AREA (EGDA) 13.1154 Commercial vessel permits and con- 13.1318 Location of the EGDA. ditions. 13.1320 Camping. 13.1156 Exceptions from vessel permit re- 13.1322 Food storage. quirement. 13.1324 Bicycles. 13.1158 Prohibitions. 13.1326 Snowmachines. 13.1160 Restrictions on vessel entry. 13.1328 EGDA closures and restrictions.

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Subpart Q—Special Regulations—Klondike through the air, including, but not lim- Gold Rush National Historical Park ited to airplanes, helicopters and glid- ers. 13.1402 Camping. 13.1404 Preservation of natural, cultural, Airstrip means visible, marked, or and archaeological resources. known aircraft landing areas in park 13.1406 State lands. areas. Airstrips may be marked with 13.1408 Dyea. cones, lights, flagging, or windsocks, or be unmarked but recognizable because Subpart R—Special Regulations—Kobuk they have been cleared of vegetation or Valley National Park other obstructions. 13.1502 Subsistence resident zone. ANILCA means the Alaska National 13.1504 Customary trade. Interest Lands Conservation Act (94 Stat. 2371; Pub. L. 96–487 (December 2, Subpart S—Special Regulations—Lake 1980)). Clark National Park and Preserve Bait means, for purposes of taking 13.1602 Subsistence resident zone. wildlife other than fish, any material 13.1604 Solid waste disposal. used to attract wildlife by sense of smell or taste except: Subpart T—Special Regulations—Noatak (1) Parts of legally taken wildlife or National Preserve [Reserved] fish that are not required to be salvaged if the parts are not moved Subpart U—Special Regulations—Sitka from the kill site; or National Historical Park (2) Wildlife or fish that died of nat- 13.1802 Prohibited activities. ural causes, if not moved from the location where it was found. Subpart V—Special Regulations—Wrangell- Big game means black bear, brown St. Elias National Park and Preserve bear, bison, caribou, Sitka black-tailed 13.1902 Subsistence. deer, elk, mountain goat, moose, 13.1904 Kennecott Mines National Historic muskox, Dall’s sheep, wolf, and wol- Landmark (KNHL). verine. 13.1906 Headquarters/Visitor Center Devel- Carry means to wear, bear or carry oped Area (HQCDA). on or about the person and addition- 13.1908 Slana Developed Area (SDA). ally, in the case of firearms, within or 13.1910 KNHL and developed area closures upon a device or animal used for trans- and restrictions. 13.1912 Solid waste disposal. portation. 13.1914 Off-road motor vehicle use in the Cub bear means a brown (grizzly) bear Nabesna District. in its first or second year of life, or a black bear (including the cinnamon Subpart W—Special Regulations—Yukon- and blue phases) in its first year of life. Charley Rivers National Preserve [Re- Downed aircraft means an aircraft served] that as a result of mechanical failure or accident cannot take off. AUTHORITY: 16 U.S.C. 3124; 54 U.S.C. 100101, Facility means buildings, structures, 100751, 320102; Sec. 13.1204 also issued under park roads as defined by § 1.4, parking Sec. 1035, Pub. L. 104–333, 110 Stat. 4240. lots, campgrounds, picnic areas, paved SOURCE: 71 FR 69333, Nov. 30, 2006, unless trails, and maintenance support yards. otherwise noted. Firearm means any loaded or unloaded pistol, revolver, rifle, shotgun Subpart A—Administrative or other weapon which will or is des- Provisions ignated to or may readily be converted to expel a projectile by the action of § 13.1 Definitions. expanded gases, except that it does not The following definitions shall apply include a pistol or rifle powered by to all regulations contained in this compressed gas. The term ‘‘firearm’’ part: also includes irritant gas devices. Aircraft means a machine or device Fish and wildlife means any member that is used or intended to be used to of the animal kingdom, including with- carry persons or objects in flight out limitation any mammal, fish, bird

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(including any migratory, nonmigra- cept snowmachines or snowmobiles as tory or endangered bird for which pro- defined in this chapter. tection is also afforded by treaty or Park areas means lands and waters other international agreement), am- administered by the National Park phibian, reptile, mollusk, crustacean, Service within the State of Alaska. arthropod, or other invertebrate, and Person means any individual, firm, includes any part, produce, egg, or off- corporation, society, association, part- spring thereof, or the dead body or part nership, or any private or public body. thereof. Possession means exercising dominion Fossil means any remains, impres- or control, with or without ownership, sion, or trace of any animal or plant of over weapons, traps, nets or other past geological ages that has been pre- property. served, by natural processes, in the Public lands means lands situated in earth’s crust. Alaska which are federally owned Fur animal means a classification of lands, except— animals subject to taking with a hunt- (1) Land selections of the State of ing license, consisting of beaver, coy- Alaska which have been tentatively ap- ote, arctic fox, red fox, lynx, flying proved or validly selected under the squirrel, ground squirrel, or red squir- Alaska Statehood Act (72 Stat. 339) and rel that have not been domestically lands which have been confirmed to, raised. validly selected by, or granted to the Furbearer means a beaver, coyote, Territory of Alaska or the State under arctic fox, red fox, lynx, marten, mink, any other provision of Federal law; least weasel, short-tailed weasel, (2) Land selections of a Native Cor- muskrat, land otter, red squirrel, fly- poration made under the Alaska Native ing squirrel, ground squirrel, Alaskan Claims Settlement Act (85 Stat. 688) marmot, hoary marmot, woodchuck, which have not been conveyed to a Na- wolf and wolverine. tive Corporation, unless any such se- Gemstone means a silica or igneous lection is determined to be invalid or is mineral including, but not limited to: relinquished; and (1) Geodes; (3) Lands referred to in section 19(b) (2) Petrified wood; and of the Alaska Native Claims Settle- (3) Jade, agate, opal, garnet, or other ment Act. mineral that when cut and polished is Snowmachine or snowmobile means a customarily used as jewelry or other self-propelled vehicle intended for off- ornament. road travel primarily on snow having a Motorboat refers to a motorized vessel curb weight of not more than 1,000 other than a personal watercraft. pounds (450 kg), driven by a track or National Preserve shall include the tracks in contact with the snow and following areas of the National Park steered by a ski or skis on contact with System: Alagnak National Wild River, the snow. Aniakchak National Preserve, Bering Take or taking as used with respect to Land Bridge National Preserve, Denali fish and wildlife, means to pursue, National Preserve, Gates of the Arctic hunt, shoot, trap, net, capture, collect, National Preserve, Glacier Bay Na- kill, harm, or attempt to engage in any tional Preserve, Katmai National Pre- such conduct. serve, Lake Clark National Preserve, Temporary means a continuous period Noatak National Preserve, Wrangell- of time not to exceed 12 months, except St. Elias National Preserve, and as specifically provided otherwise. Yukon-Charley Rivers National Pre- Trap means a snare, trap, mesh, or serve. other implement designed to entrap Net means a seine, weir, net wire, fish animals other than fish. trap, or other implement designed to Trapping means taking furbearers entrap fish, except a landing net. under a trapping license. Off-road vehicle means any motor ve- Unload means there is no unexpended hicle designed for or capable of cross- shell or cartridge in the chamber or country travel on or immediately over magazine of a firearm; bows, crossbows land, water, sand, snow, ice, marsh, and spearguns are stored in such a wetland or other natural terrain, ex- manner as to prevent their ready use;

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muzzle-loading weapons do not contain (e) Subpart E of this part 13 contains a powder charge; and any other imple- regulations applicable to authorized ment capable of discharging a missile visitor service providers operating into the air or under the water does not within certain park areas. The regula- contain a missile or similar device tions in subpart E amend in part the within the loading or discharging general regulations contained in this mechanism. chapter. Weapon means a firearm, compressed (f) For purposes of this chapter, gas or spring powered pistol or rifle, ‘‘federally owned lands’’ does not in- bow and arrow, crossbow, blow gun, clude those land interests: speargun, hand thrown spear, sling- (1) Tentatively approved to the State shot, explosive device, or any other im- of Alaska; or plement designed to discharge missiles (2) Conveyed by an interim convey- into the air or under the water. ance to a Native corporation. [71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008; 80 FR 64342, Oct. 23, § 13.4 Information collection. 2015] The information collection requirements contained in subparts C and G, § 13.2 Applicability and scope. and §§ 13.55, 13.440, 13.450, 13.485, and (a) The regulations contained in part 13.495 are necessary for park Super- 13 are prescribed for the proper use and intendents to issue concession con- management of park areas in Alaska tracts and special use permits, and and supplement the general regulations have been approved by the Office of of this chapter. The general regula- Management and Budget under 44 tions contained in this chapter are ap- U.S.C. 3507. Information collections as- plicable except as modified by part 13. sociated with the award of concession (b) Subparts A through F contain contracts are covered under OMB con- regulations applicable to park areas. trol number 1024–0125; the information Such regulations amend in part the collections associated with the general regulations contained in this issuance of special use permits are cov- chapter. The regulations in subparts A ered under OMB control number 1024– through F govern use and manage- 0026. ment, including subsistence activities, within the park areas, except as modified by special park regulations in sub- Subpart B—General Provisions parts H through V. § 13.20 Obstruction of airstrips. (c) Subpart F contains regulations applicable to subsistence uses. Such (a) A person may not place an object regulations apply on federally owned on the surface of an airstrip that, be- lands and interests therein within park cause of its nature or location, might areas where subsistence is authorized. cause injury or damage to an aircraft Subsistence uses are not allowed in or person riding in the aircraft. Kenai Fjords National Park, Katmai (b) A person may not dig a hole or National Park, Glacier Bay National make any kind of excavation, or drive Park, Klondike Gold Rush National a sled, tractor, truck, or any kind of Historical Park, Sitka National Histor- vehicle upon an airstrip that might ical Park, the former Mt. McKinley Na- make ruts, or tracks, or add to an ac- tional Park. The regulations in subpart cumulation of tracks so as to endanger F amend in part the general regula- aircraft using the airstrip or persons tions contained in this chapter and the riding in the aircraft. regulations contained in subparts A through C of part 13. § 13.25 Camping. (d) Subparts H through V contain (a) Camping is authorized in park special regulations for specific park areas except where such use is prohib- areas. Such regulations amend in part ited or otherwise restricted by the Su- the general regulations contained in perintendent in accordance with this this chapter and the regulations con- section, the provisions of § 13.50, or as tained in subparts A through F of part set forth for specific park areas in sub- 13. parts H through V of this part.

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(b) Site time-limits. Camping is author- (1) Possessing a weapon, trap, or net; ized for 14 consecutive days in one loca- (2) Carrying a weapon, trap, or net; tion. Camping is prohibited after 14 (3) Using a weapon, trap, or net. consecutive days in one location unless (d) Firearms may be carried, pos- the camp is moved at least 2 miles or sessed, and used within park areas in unless authorized by the Super- accordance with applicable State and intendent. A camp and associated Federal laws, except where such car- equipment must be relocated imme- rying, possession, or use is prohibited diately if determined by the Super- or otherwise restricted under § 13.50. intendent to be interfering with public (e) Traps, bows and other implements access or other public interests or ad- (other than firearms) authorized by ap- versely impacting park resources. plicable State and Federal law for the (c) Designated campgrounds. Except at taking of fish and wildlife may be car- designated campgrounds, camping is ried, possessed, and used within park prohibited on NPS facilities. The Su- areas only during those times when the perintendent may establish restric- taking of fish and wildlife is authorized tions, terms, and conditions for camp- by applicable law or regulation. ing in designated campgrounds. Vio- (f) In addition to the authorities pro- lating restrictions, terms, and condi- vided in paragraphs (d) and (e) of this tions is prohibited. section, weapons (other than firearms), traps, and nets may be possessed with- § 13.26 Picnicking. in park areas provided such weapons, Picnicking is authorized in park traps, or nets are within or upon a de- areas except where such activity is pro- vice or animal used for transportation hibited or otherwise restricted by the and are unloaded and cased or other- Superintendent. The public will be no- wise packed in such a manner as to tified by one or more of the following prevent their ready use while in a park methods— area. (a) Signs posted at conspicuous loca- (g) Notwithstanding the provisions of tions, such as normal points of entry or this section, local rural residents who reasonable intervals along the bound- are authorized to engage in subsistence ary of the affected park locale; uses, including the taking of wildlife (b) Maps available in the office of the under § 13.480, may use, possess, or Superintendent and other places con- carry traps, nets and other weapons in venient to the public; accordance with applicable State and (c) Publication in a newspaper of gen- Federal laws. eral circulation in the affected area; or (d) Other appropriate methods, in- § 13.35 Preservation of natural fea- cluding park Web sites, brochures, tures. maps, and handouts. (a) This section applies to all park areas in Alaska except Klondike Gold § 13.30 Weapons, traps and nets. Rush National Historical Park, Sitka (a) Irritant chemical devices, includ- National Historical Park, the former ing bear spray, may be carried, pos- Mt. McKinley National Park, and the sessed, and used in accordance with ap- former Katmai National Monument. plicable Federal and non-conflicting (b) Gathering or collecting natural State laws, except when prohibited or products is prohibited except as al- restricted under § 13.50. lowed by this section, § 2.1 of this chap- (b) Paragraphs (d) through (g) of this ter, or part 13, subparts F through V. section apply to all park areas in Alas- For purposes of this paragraph, ‘‘nat- ka except Klondike Gold Rush National ural products’’ includes living or dead Historical Park, Sitka National Histor- fish and wildlife or parts or products ical Park and the former Mt. McKinley thereof, plants or parts or products National Park, Glacier Bay National thereof, live or dead wood, fungi, sea- Monument and Katmai National Monu- shells, rocks, and minerals. ment. (c) Gathering or collecting, by hand (c) Except as provided in this section and for personal use only, of the fol- and § 2.4 of this chapter, the following lowing renewable resources is per- are prohibited— mitted—

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(1) Natural plant food items, includ- (b) Fishing. Fishing is permitted in ing fruits, berries and mushrooms, but all park areas in accordance with ap- not including threatened or endangered plicable State and Federal law, and species; such laws are hereby adopted and made (2) Driftwood and uninhabited sea- a part of these regulations to the ex- shells; tent they are not inconsistent with § 2.3 (3) Such plant materials and minerals of this chapter. as are essential to the conduct of tradi- (c) Commercial fishing. The exercise of tional ceremonies by Native Ameri- valid commercial fishing rights or cans; and privileges obtained prior to December (4) Dead wood on the ground for use 2, 1980, pursuant to existing law in Cape as fuel for campfires within the park Krusenstern National Monument, the area. Malaspina Glacier Forelands area of (d) The Superintendent may author- the Wrangell–St. Elias National Pre- ize, with or without conditions, the serve, and the Dry Bay area of Glacier collection of dead standing wood in all Bay National Preserve, including the or a portion of a park area. Collecting use of these park areas for existing dead or downed wood in violation of campsites, cabins and other structures, terms and conditions is prohibited. motorized vehicles, and aircraft land- (e) Surface collection, by hand (in- ings on existing airstrips, may con- cluding hand-held gold pans) and for tinue provided that all such use is di- personal recreational use only, of rocks rectly incident to the exercise of those and minerals is permitted, with the fol- rights or privileges. lowing exceptions: (1) Restrictions. The Superintendent (1) Collection of silver, platinum, may restrict or revoke the exercise of a gemstones and fossils is prohibited; and valid commercial fishing right or privi- (2) Collection methods that may re- lege based upon specific findings, fol- sult in disturbance of the ground sur- lowing public notice and an oppor- face, such as the use of shovels, pick- tunity for response, that continuation axes, sluice boxes, and dredges, are prohibited. of such use of a park area constitutes a (f) The Superintendent may limit the direct threat to or significant impair- size and quantity of the natural prod- ment of the values and purposes for ucts that may be gathered or pos- which the park area was established. sessed. (2) Expansion of uses. (i) A person (1) Under conditions where it is found holding a valid commercial fishing that significant adverse impact on right or privilege may expand his or park resources, wildlife populations, her level of use of a park area beyond subsistence uses, or visitor enjoyment the level of such use in 1979 only pursu- of resources will result, the Super- ant to the terms of a permit issued by intendent will prohibit the gathering the Superintendent. or otherwise restrict the collecting of (ii) The Superintendent may deny a natural products. permit or otherwise restrict the ex- (2) The Superintendent will notify panded use of a park area directly inci- the public of portions of a park area in dent to the exercise of such rights or which closures or restrictions apply by: privileges, if the Superintendent deter- (i) Publishing a notice in at least one mines, after conducting a public hear- newspaper of general circulation in the ing in the affected locality, that the State and providing a map available expanded use constitutes either: for public inspection in the office of (A) A significant expansion of the use the Superintendent; or of a park area beyond the level of such (ii) Posting appropriate signs. use during 1979 (taking into consider- (g) Subsistence. Nothing in this sec- ation the relative levels of use in the tion shall apply to local rural residents general vicinity, as well as the appli- authorized to take renewable re- cant’s levels of use); or sources. (B) A direct threat to, or significant impairment of, the values and purposes § 13.40 Taking of fish. for which the park area was estab- (a) [Reserved] lished.

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(d) Use of native species as bait. Use of between regularly maintained public species native to Alaska as bait for airports. fishing is allowed in accordance with (e) Persons transporting wildlife non-conflicting State law and regula- through park areas must identify tions. themselves and the location where the (e) Closures and restrictions. The Su- wildlife was taken when requested by perintendent may prohibit or restrict NPS law enforcement personnel. the non-subsistence taking of fish in (f) State of Alaska management ac- accordance with the provisions of tions or laws or regulations that au- § 13.50. thorize taking of wildlife are not [71 FR 69333, Nov. 30, 2006, as amended at 80 adopted in park areas if they are re- FR 64343, Oct. 23, 2015] lated to predator reduction efforts. Predator reduction efforts are those § 13.42 Taking of wildlife in national with the intent or potential to alter or preserves. manipulate natural predator-prey dy- (a) Hunting and trapping are allowed namics and associated natural ecologi- in national preserves in accordance cal processes, in order to increase har- with applicable Federal and non-con- vest of ungulates by humans. flicting State law and regulation. (1) The Regional Director will com- (b) Violating a provision of either pile a list updated at least annually of Federal or non-conflicting State law or State laws and regulations not adopted regulation is prohibited. under this paragraph (f). (c) Engaging in trapping activities as the employee of another person is pro- (2) Taking of wildlife, hunting or hibited. trapping activities, or management ac- (d) It shall be unlawful for a person tions identified in this paragraph (f) having been airborne to use a firearm are prohibited. Notice of activities pro- or any other weapon to take or assist hibited under this paragraph (f)(2) will in taking any species of bear, caribou, be provided in accordance with Sitka black-tailed deer, elk, coyote, § 13.50(f). arctic and red fox, mountain goat, (g) This paragraph applies to the tak- moose, Dall sheep, lynx, bison, musk ing of wildlife in park areas adminis- ox, wolf and wolverine until after 3 tered as national preserves except for a.m. on the day following the day in subsistence uses by local rural resi- which the flying occurred. This prohi- dents pursuant to applicable Federal bition does not apply to flights on reg- law and regulation. As of January 1, ularly scheduled commercial airlines 2016, the following are prohibited:

Prohibited acts Any exceptions?

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

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Prohibited acts Any exceptions?

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

(h) The Superintendent may prohibit Rush National Historical Park and or restrict the non-subsistence taking Sitka National Historical Park, or as of wildlife in accordance with the pro- further restricted for specific park visions of § 13.50. areas in subparts H through V of this (i) A person may not intentionally part. obstruct or hinder another person’s (b) Personal property. (1) Leaving per- lawful hunting or trapping by: sonal property longer than 4 months is (1) Placing oneself in a location in prohibited. The Superintendent may which human presence may alter the authorize property to be left in place behavior of the game that another per- for more than 4 months. son is attempting to take or the immi- (2) Identification information is re- nent feasibility of taking game by an- quired for all personal property left in other person; or park areas. Identification information (2) Creating a visual, aural, olfactory, consists of the owner’s name, home ad- or physical stimulus in order to alter dress, telephone number, date that the the behavior of the game that another property was left, and the type of fuel person is attempting to take. if the property contains fuel. This in- (j) Collecting, capturing, or pos- formation must be— sessing living wildlife is prohibited un- (i) Labeled on the property; or less expressly authorized by federal (ii) Provided to the Superintendent. statute or pursuant to § 2.5 of this chap- (3) All property must be stored in ter. A falconry permit or other permit such a manner that wildlife is unable issued by the State of Alaska does not to access the contents. Storing prop- provide the required authorization. erty in a manner that wildlife can ac- These collecting activities are not cess contents is prohibited. hunting or trapping activities and (4) Leaving fuel in more than one lo- therefore are not allowed in national cation in a park area or leaving more preserves under paragraph (a) of this than 30 gallons of fuel is prohibited un- section. This regulation does not pro- less authorized by the Superintendent. hibit the use of trained raptors for (5) Storing fuel within 100 feet of a hunting activities where authorized by water source, high water mark of a applicable federal and state law. body of water, or mean high tide is pro- [80 FR 64343, Oct. 23, 2015, as amended at 82 hibited unless stored in a spill proof FR 3632, Jan. 12, 2017] overpack container or authorized by the Superintendent. Fuel must be con- § 13.45 Unattended or abandoned tained in an undamaged and closed fuel property. container designed for fuel storage. (a) This section applies to all park Fueling from containers must occur in areas in Alaska except Klondike Gold such a manner that any spillage would

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be prevented from coming into contact must therefore be guided by factors with water, soil, or vegetation. Failure such as public health and safety, re- to properly contain or prevent spillage source protection, protection of cul- is prohibited. tural or scientific values, subsistence (6) Leaving property unattended for uses, conservation of endangered or longer than 24 hours on facilities is threatened species, and other manage- prohibited unless authorized by the Su- ment considerations. perintendent. (c) Rulemaking requirements. This (7) Property left in violation of this paragraph applies only to a closure or section is prohibited and subject to im- restriction, or the termination or re- poundment and, if abandoned, disposal laxation of such, which is of a nature, or forfeiture. magnitude and duration that will re- (c) The Superintendent may des- sult in a significant alteration in the ignate areas where personal property public use pattern of the area; ad- may not be left unattended for any versely affect the area’s natural, aes- time period, establish limits on the thetic, scenic, or cultural values; or re- amount and type of personal property quire a long-term modification in the that may be left unattended, prescribe resource management objectives of the the manner in which personal property area. Except in emergency situations, may be left unattended, or establish the closure or restriction, or the termi- limits on the length of time personal nation or relaxation of such, must be property may be left unattended. Such published as a rulemaking in the FED- designations and restrictions shall be ERAL REGISTER. published in at least one newspaper of (d) Written determination. Except in general circulation within the State, emergency situations, prior to imple- posted at community post offices with- menting or terminating a closure or re- in the vicinity affected, made available striction, the superintendent shall pre- for broadcast on local radio stations in pare a written determination justifying a manner reasonably calculated to in- the action. That determination shall form residents in the affected commu- set forth the reasons the closure or re- nity, and designated on a map which striction authorized by paragraph (a) of shall be available for public inspection this section has been established. This at the office of the Superintendent, or determination will be posted on the designated by the posting of appro- NPS Web site at www.nps.gov. priate signs, or both. (e) Restrictions on taking fish or wild- (d) In the event unattended property life. (1) Except in emergencies, the NPS interferes with the safe and orderly will consult with the State agency hav- management of a park area or is causing responsibility over fishing, hunting damage to the resources of the ing, or trapping and provide an oppor- area, it may be impounded by the Su- tunity for public comment, including perintendent at any time. one or more public meetings near the affected NPS unit, prior to imple- § 13.50 Closure and restriction proce- menting a closure or restriction on dures. taking fish or wildlife. (a) Applicability and authority. The (2) Emergency closures or restric- Superintendent will follow the provi- tions may not exceed a period of 60 sions of this section to close an area or days and may not be extended without restrict an activity, or terminate or following the nonemergency proce- relax a closure or restriction, in NPS dures of this section. areas in Alaska. (f) Notice. A list of closures and re- (b) Factors. In determining whether strictions will be compiled in writing to close an area or restrict an activity, and updated annually. The list will be or whether to terminate or relax a clo- posted on the NPS Web site at sure or restriction, the Superintendent www.nps.gov and made available at must ensure that the activity or area park headquarters. Additional means is managed in a manner compatible of notice reasonably likely to inform with the purposes for which the park residents in the affected vicinity will area was established. The Superintend- also be provided where available, such ent’s decision under this paragraph as:

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(1) Publication in a newspaper of gen- (2) The Regional Director shall pro- eral circulation in the State or in local vide a hearing if requested by the ap- newspapers; plicant. After consideration of the (2) Use of electronic media, such as written materials and oral hearing, if the internet and email lists; any, and within a reasonable period of (3) Radio broadcast; or time, the Regional Director shall af- (4) Posting of signs in the local vicin- firm, reverse, or modify the denial of ity. the Superintendent and shall set forth (g) Violating a closure or restriction in writing the basis for the decision. A is prohibited. copy of the decision shall be forwarded [80 FR 64344, Oct. 23, 2015] promptly to the applicant and shall constitute final agency action. § 13.55 Permits. (a) Application. (1) Application for a Subpart C—Cabins permit required by any section of this part shall be submitted to the Super- ADMINISTRATIVE PROVISIONS intendent having jurisdiction over the affected park area, or in the absence of § 13.100 Purpose and policy. the Superintendent, the Regional Di- The policy of the National Park rector. If the applicant is unable or Service is to manage the use, occu- does not wish to submit the application pancy and disposition of cabins and in written form, the Superintendent other structures in park areas in ac- shall provide the applicant an oppor- cordance with the language and intent tunity to present the application orally of ANILCA, the National Park Service and shall keep a record of such oral ap- Organic Act (16 U.S.C. 1 et seq.) and plication. other applicable law. Except as Con- (2) The Superintendent shall grant or gress has directly and specifically pro- deny the application in writing within vided to the contrary, the use, occu- 45 days. If this deadline cannot be met pancy and disposition of cabins and for good cause, the Superintendent shall so notify the applicant in writing. other structures in park areas shall be If the permit application is denied, the managed in a manner that is compat- Superintendent shall specify in writing ible with the values and purposes for the reasons for the denial. which the National Park System and (b) Denial and appeal procedures. (1) these park areas have been established. An applicant whose application for a In accordance with this policy, this permit, required pursuant to this part, subpart governs the following author- has been denied by the Superintendent ized uses of cabins and other structures has the right to have the application in park areas: reconsidered by the Regional Director (a) Use and/or occupancy pursuant to by contacting him/her within 180 days a valid existing lease or permit; of the issuance of the denial. For pur- (b) Use and occupancy of a cabin not poses of reconsideration, the permit ap- under valid existing lease or permit; plicant shall present the following in- (c) Use for authorized commercial formation: fishing activities; (i) Any statement or documentation, (d) Use of cabins for subsistence pur- in addition to that included in the ini- poses; tial application, which demonstrates (e) Public use cabins; and that the applicant satisfies the criteria set forth in the section under which (f) Use of temporary facilities related the permit application is made. to the taking of fish and wildlife. (ii) The basis for the permit appli- § 13.102 Applicability. cant’s disagreement with the Super- intendent’s findings and conclusions; Unless otherwise specified, this sub- and part applies to all park areas in Alaska (iii) Whether or not the permit appli- except Klondike Gold Rush National cant requests an informal hearing be- Historical Park and Sitka National fore the Regional Director. Historical Park.

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§ 13.104 Definitions. and having only the tent fabric, the The following definitions apply to ridge pole and its support poles extend- this subpart: ing higher than three feet above the Cabin means a small, usually one- floor. story dwelling of simple construction, GENERAL PROVISIONS completely enclosed, with a roof and walls which may have windows and § 13.108 Permit application proce- door(s). dures. Claimant means a person who has occupied and used a cabin or other struc- Except as otherwise specified in this ture as a primary, permanent residence subpart, the procedures set forth in for a substantial portion of the time, § 13.55(a) govern application for any and who, when absent, has the inten- permit authorized pursuant to this sub- tion of returning to it as his/her pri- part. mary, permanent residence. Factors demonstrating a person’s primary, per- § 13.110 Notice and comment on pro- manent residence include, but are not posed permit. limited to documentary evidence, e.g. Before a permit for the use and occu- the permanent address indicated on li- pancy of a cabin or other structure is censes issued by the State of Alaska issued pursuant to this subpart, the Su- and tax returns and the location where perintendent shall publish notice of the the person is registered to vote. proposed issuance in the local media Immediate family member means a and provide a public comment period of claimant’s spouse, or a grandparent, at least sixty days, subject to the fol- parent, brother, sister, child or adopted lowing exceptions: Prior notice and child of a claimant or of the claimant’s comment are not required for a permit spouse. authorizing use and occupancy for 14 Possessory interest means the partial days or less of a public use cabin or use or total ownership of a cabin or struc- and occupancy of a temporary facility ture. for the taking of fish or wildlife for Right of occupancy means a valid sport or subsistence purposes. claim to use or reside in a cabin or other structure. § 13.112 Permit revocation. Shelter means a structure designed to provide temporary relief from the ele- (a) The superintendent may revoke a ments and is characterized as a lean-to permit or lease issued pursuant to this having one side open. subpart when the superintendent deter- Substantial portion of the time means mines that the use under the permit or at least 50 percent of the time since be- lease is causing or may cause signifi- ginning occupancy and at least 4 (four) cant detriment to the principal pur- consecutive months of continuous oc- poses for which the park area was es- cupancy in every calendar year after tablished. Provided, however, that if a 1986. permittee submits a written request Temporary campsite means a natural, for a hearing concerning the revoca- undeveloped area suitable for the pur- tion, based on the cause listed above, of pose of overnight occupancy without a permit or lease issued pursuant to modification. §§ 13.130, 13.136–13.149, or 13.160–168 of Temporary facility means a structure this subpart, the matter shall be as- or other manmade improvement that signed to an administrative law judge can be readily and completely disman- who, after notice and hearing and tled and/or removed from the site when based on substantial evidence in the the authorized use terminates. The administrative record as a whole, shall term does not include a cabin. render a recommended decision for the Tent platform means a structure, usu- superintendent’s review. The super- ally made of manufactured timber intendent shall then accept, reject or products, constructed to provide a modify the administrative law judge’s solid, level floor for a tent, with or recommended decision in whole or in without partial walls not exceeding part and issue a final decision in writ- three feet in height above the floor, ing.

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(b) The superintendent may revoke interest’’ for purposes of ANILCA sec- or modify any permit or lease issued tion 1110(b) and its implementing regu- pursuant to this subpart when the per- lations. mittee violates a term of the permit or (b) When issuing a permit under this lease. subpart, the Superintendent shall provide for reasonable access which is ap- § 13.114 Appeal procedures. propriate and consistent with the val- The procedures set forth in § 13.55(b) ues and purposes for which the park govern appeals of a permit denial, a de- area was established. nial of a permit renewal, a permit rev- (c) All impacts of the access to a ocation and a superintendent’s final de- cabin or other structure are deemed to cision on a permit revocation issued be a part of, and shall be considered in pursuant to § 13.112(a). any evaluation of, the effects of a use authorized by a permit issued under § 13.116 Permittee’s interest. this subpart. (a) A permittee shall not accrue a compensable interest in a cabin or § 13.122 Abandonment. other structure in a park area unless (a) An existing cabin or other struc- specifically authorized by Federal stat- ture not under valid lease or permit, utory law. and its contents, are abandoned: (b) A cabin or other structure in a park area may not be sold, bartered, (1) When no permit application has exchanged, assigned or included as a been received for its use and occupancy portion of any sale or exchange of before October 20, 1987, one year after other property by a permittee unless the effective date of this subpart; or specifically authorized by Federal stat- (2) One year after a permit applica- utory law. tion for its use and occupancy has been (c) The Superintendent shall deter- denied or a permit for its use and occu- mine the extent and nature of a per- pancy has been revoked, denied or has mittee’s possessory interest at the expired. time a permit is issued or denied. (b) A claimant or applicant whose application for a permit has been denied § 13.118 Cabin site compatibility. or whose permit has expired may re- The Superintendent shall establish move all or a portion of a cabin or permit conditions that require a per- other structure and its contents from a mittee— park area, to the extent of his or her (a) When constructing, maintaining possessory interest and under condi- or repairing a cabin or other structure tions established by the Super- authorized under this subpart, to use intendent, until the date the cabin or materials and methods that blend with structure is considered abandoned. and are compatible with the immediate (c) The contents of a cabin or other and surrounding landscape; and structure are considered abandoned (b) When terminating an activity when the cabin or other structure is that involves a structure authorized considered abandoned. under this subpart, to dismantle and (d) A person whose permit for the use remove the structure and all personal and occupancy of a cabin or other property from the park area within a structure is revoked may remove his or reasonable period of time and in a man- her personal property from a park area ner consistent with the protection of under conditions established by the Su- the park area. perintendent until one year after the date of the permit’s revocation. § 13.120 Access. (e) The Superintendent shall dispose (a) A permittee under this subpart of abandoned property in accordance who holds a permit for use and occu- with §§ 2.22 and 13.45 of this chapter. No pancy of a cabin or other structure lo- property shall be removed from a cabin cated on public lands in a park area, until such property has been declared not under valid existing lease or permit abandoned or determined to constitute in effect on December 2, 1980, does not a direct threat to the safety of park have a ‘‘valid property or occupancy visitors or area resources.

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§ 13.124 Emergency use. tunity for the leaseholder or permittee During an emergency involving the to respond, that renewal or continu- safety of human life, a person may use ation constitutes a direct threat to, or any cabin designated by the Super- a significant impairment of, the pur- intendent for official government busi- poses for which the park area was es- ness, general public use or shared sub- tablished. sistence use. The person shall report § 13.142 Transfer. such use to the Superintendent as soon as is practicable. Subject to any prohibitions or restrictions that apply to transfer in the § 13.126 Authorized cabin use and oc- existing lease or permit, the Super- cupancy. intendent may transfer a valid existing Use or occupancy of a cabin or struc- lease or permit to another person at ture in a park area is prohibited, ex- the election or death of the original cept pursuant to the terms of a permit permittee or leaseholder, only if the issued by the Superintendent under Superintendent determines that: this subpart or as otherwise authorized (a) The continued use is appropriate by provisions of this chapter. and compatible with the values and purposes of the park area; § 13.130 New cabins and other struc- (b) The continued use is non-rec- tures otherwise authorized. reational in nature; The Superintendent may issue a per- (c) There is no demonstrated over- mit for the construction, temporary riding need for public use; and use, occupancy, and maintenance of a (d) The continued use and occupancy cabin or other structure which is au- will not adversely impact soils, vegeta- thorized by law but not governed by tion, water or wildlife resources. any other section in this subpart. CABIN USE—CABIN NOT UNDER VALID CABIN USE—LEASES OR PERMITS IN LEASE OR PERMIT AS OF DECEMBER 1, EFFECT ON DECEMBER 2, 1980 1978

§ 13.136 Use and/or occupancy pursu- § 13.144 Use and occupancy of a cabin ant to a valid existing lease or per- prior to December 18, 1973. mit. A cabin or other residential structure A person who holds a valid lease or in existence and occupied by a claim- permit in effect on December 2, 1980, ant, both prior to December 18, 1973, for a cabin, homesite or similar struc- with the claimant’s occupancy con- ture not subject to the provisions of tinuing for a substantial portion of the §§ 13.146–13.149 of this subpart, on Fed- time, may continue to be used and oc- eral lands in a park area, may continue cupied by the claimant pursuant to a the use authorized by that lease or per- renewable, nontransferable five-year mit, subject to the conditions in permit. Upon the request of the claim- §§ 13.138–13.142. ant or a successor who is an immediate family member and residing in the § 13.138 Renewal. cabin or structure, the Superintendent The Superintendent shall renew a shall renew this permit every five valid lease or permit upon its expira- years until the death of the last imme- tion in accordance with the provisions diate family member of the claimant of the original lease or permit, subject who was residing with the claimant in to any modifications or new conditions the structure under permit at the time that the Superintendent finds nec- of issuance of the original permit. essary for the protection of the values and purposes of the park area. § 13.146 Use and occupancy of a cabin between December 18, 1973 and De- § 13.140 Denial of renewal. cember 1, 1978. The Superintendent may deny the re- A cabin or other residential structure newal or continuation of a valid lease in existence prior to December 1, 1978, or permit only after issuing specific with occupancy commenced by a findings, following notice and an oppor- claimant between December 18, 1973

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and December 1, 1978, which a claimant during a substantial portion of the has continued to occupy or use for a time and continues to use the cabin or substantial portion of the time, may other structure as a primary, perma- continue to be used and occupied by nent residence; and the claimant pursuant to a non-trans- (g) A list of all immediate family ferable permit. The Superintendent members residing with the claimant may issue and extend such permit for a within the cabin or structure for which term not to exceed December 1, 1999 for the application is being submitted. such reasons as are deemed by the Su- Such list need only include those im- perintendent to be equitable and just. mediate family members who will be The Superintendent shall review the eligible to continue to use and occupy permit at least every two years and the cabin or other structure upon the modify the permit as necessary to pro- death or departure of the original tect park resources and values. claimant.

§ 13.148 Permit application. § 13.149 Permit application deadline. In order to obtain, renew or extend a The deadline for receipt of a permit permit, a claimant shall submit a writ- application for the occupancy and use ten application. In the case of an appli- of an existing cabin or other structure cation to renew or extend a permit described in §§ 13.144 or 13.146 is October issued pursuant to §§ 13.144 or 13.146, if 20, 1987. The Superintendent may ex- no circumstance relating to the per- tend this deadline for a reasonable pe- mittee’s occupancy and use of the riod of time only when a permit appli- cabin or structure has changed in the cant demonstrates that extraordinary interim, applicable material submitted circumstances prevented timely appli- by the permittee to satisfy the original cation. application requirements is considered CABIN USE FOR COMMERCIAL FISHING sufficient and need not be resubmitted. ACTIVITIES The following information is required to be included in a permit application: § 13.150 Use for authorized commercial (a) Reasonable proof of possessory in- fishing activities. terest or right of occupancy in the The use of a campsite, cabin or other cabin or structure, demonstrated by af- structure in conjunction with commer- fidavit, bill of sale, or other docu- cial fishing activities authorized by mentation. In order for a claimant to section 205 of ANILCA in Cape qualify for a permit described in sec- Krusenstern National Monument, the tion 13.144, the claimant’s possessory Malaspina Glacier Forelands area of interest or right of occupancy must Wrangell–Saint Elias National Pre- have been acquired prior to December serve, and the Dry Bay area of Glacier 18, 1973. In order for a claimant to qual- Bay National Preserve is authorized ify for a permit described in section pursuant to the provisions of § 13.40(c) 13.146, the claimant’s possessory inter- of this chapter and the terms of a per- est or right of occupancy must have mit issued by the Superintendent. been acquired prior to December 1, 1978; CABIN USE FOR SUBSISTENCE PURPOSES (b) A sketch or photograph that accurately depicts the cabin or structure; § 13.160 Use of cabins for subsistence (c) A map that shows the geographic purposes. location of the cabin or structure; (a) A local rural resident who is an (d) The claimant’s agreement to va- eligible subsistence user may use an cate and remove all personal property existing cabin or other structure or from the cabin or structure upon expi- temporary facility or construct a new ration of the permit; cabin or other structure, including (e) The claimant’s acknowledgement temporary facilities, in a portion of a that he or she has no legal interest in park area where subsistence use is al- the real property on which the cabin or lowed, pursuant to the applicable pro- structure is located; visions of subparts F through V of this (f) Reasonable proof that the claim- part and the terms of a permit issued ant has lived in the cabin or structure by the Superintendent. However, the

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Superintendent may designate existing ence use plans, reasonable subsistence cabins or other structures that may be use alternatives, the specific nature of shared by local rural residents for au- the subsistence uses to be accommo- thorized subsistence uses without a dated by the cabin or structure, the permit. impacts of the cabin or structure on (b) For purposes of this section, the other local rural residents who depend term ‘‘local rural resident’’, with re- on subsistence uses and the impacts of spect to national parks, monuments, the proposed structure and activities and preserve, is defined in § 13.420 of on the values and purposes for which this chapter. the park area was established. (b) The Superintendent may permit § 13.161 Permit application. the construction of a new cabin or In order to obtain or renew a permit, other new structure for subsistence a person shall submit an application. purposes only if a tent or other tem- In the case of an application to renew porary facility would not adequately a permit issued pursuant to § 13.160, if and reasonably accommodate the ap- no circumstance relating to the per- plicant’s subsistence uses without sig- mittee’s occupancy and use of the nificant hardship and the use of no cabin or structure has changed in the other type of cabin or other structure interim, applicable material submitted provided for in this subpart can ade- by the permittee to satisfy the original quately and reasonably accommodate application requirements is considered the applicant’s subsistence uses with a sufficient and need not be resubmitted. lesser impact on the values and pur- The following information is required to be included in a permit application: poses for which the park area was es- (a) An explanation of the applicant’s tablished. need for the cabin or structure; (b) A description of an applicant’s § 13.164 Permit terms. past, present and anticipated future The Superintendent shall, among subsistence uses relevant to his or her other conditions, establish terms of a need for the cabin or structure; permit that: (c) A blueprint, sketch or photograph (a) Allow for use and occupancy dur- of the cabin or structure; ing the harvest or gathering of subsist- (d) A map that shows the geographic ence resources, at such times as may location of the cabin or structure; and be reasonably necessary to prepare for (e) A description of the types of occu- a harvest season (e.g., opening or clos- pancy and schedule for use of the cabin ing a cabin or structure at the begin- or structure. All information may be ning or end of a period of use), and at provided orally except the cabin blue- other times reasonably necessary to print, sketch or photograph and the accommodate the permittee’s specified map. subsistence uses; § 13.162 Permit issuance. (b) Prohibit residential use in conjunction with subsistence activities; (a) In making a decision on a permit and application, the Superintendent shall (c) Limit the term of a permit to a consider whether the use by local rural period of five years or less. residents of a cabin or other structure for subsistence purposes is customary § 13.166 Temporary facilities. and traditional in that park area and shall determine whether the use and A temporary facility or structure di- occupancy of a new or existing cabin or rectly and necessarily related to the structure is ‘‘necessary to reasonably taking of subsistence resources may be accommodate’’ the applicant’s subsist- constructed and used by a qualified ence uses. In making this determina- subsistence user without a permit so tion, the Superintendent shall examine long as such use is for less than thirty the applicant’s particular cir- days and the site is returned to a nat- cumstances, including but not limited ural condition. The Superintendent to his or her past patterns of subsist- may establish conditions and standards ence uses and his or her future subsist- governing the use or construction of

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these temporary structures and facili- cabin or shelter may be constructed, ties which shall be published annually maintained and used only if necessary in accordance with § 1.7 of this chapter. for the protection of the public health and safety. § 13.168 Shared use. (c) A cabin or other structure located In any permit authorizing the con- in a designated wilderness area may struction of a cabin or other structure not be designated, assigned or used for necessary to reasonably accommodate commercial purposes, except that des- authorized subsistence uses, the Super- ignated public use cabins may be used intendent shall provide for shared use in conjunction with commercial guided of the facility by the permittee and visitor services, but not to the exclu- other local rural residents rather than sion of the general public. for exclusive use by the permittee. USE OF TEMPORARY FACILITIES RELATED PUBLIC USE CABINS TO TAKING FISH AND WILDLIFE

§ 13.170 General public use cabins. § 13.182 Temporary facilities. The Superintendent may designate a In a national preserve where the tak- cabin or other structure located out- ing of fish and wildlife is permitted, side of designated wilderness areas and the construction, maintenance or use not otherwise under permit under this of a temporary campsite, tent plat- subpart (or under permit for only a form, shelter or other temporary facil- portion of the year) as a public use ity or equipment directly and nec- cabin. Such designated public use cab- essarily related to such activities is ins are intended for short term rec- prohibited except pursuant to the reational use and occupancy only. terms of a permit issued by the Super- intendent. This requirement applies § 13.172 Management of public use only to a temporary facility that will cabins. remain in place for a period longer The Superintendent may establish than 14 days. conditions and develop an allocation system in order to manage the use of § 13.184 Permit application. designated public use cabins. The Su- In order to obtain or renew a permit, perintendent shall mark all public use a person shall submit an application. cabins with a sign and shall maintain a In the case of an application to renew map showing their locations. a permit issued pursuant to this section and § 13.186, if no circumstance re- § 13.176 Cabins in wilderness areas. lating to the permittee’s occupancy The use and occupancy of a cabin or and use of the structure has changed in other structure located in a designated the interim, applicable material sub- wilderness area are subject to the other mitted by the permittee to satisfy the applicable provisions of this subpart, original application requirements is and the following conditions: considered sufficient and need not be (a) A previously existing public use resubmitted. The following informa- cabin located within wilderness des- tion is required to be included in a per- ignated by ANILCA may be allowed to mit application: remain and may be maintained or re- (a) An explanation of the applicant’s placed subject to such restrictions as need for the temporary facility, includ- the Superintendent finds necessary to ing a description of the applicant’s preserve the wilderness character of hunting and fishing activities relevant the area. As used in this section, the to his or her need for the facility; term ‘‘previously existing public use (b) A diagram, sketch or photograph cabin’’ means a cabin or other struc- of the temporary facility; ture which, on November 30, 1978, was (c) A map that shows the geographic recognized and managed by a Federal location of the temporary facility; and land managing agency as a structure (d) A description of both the past use available for general public use. (if any) and the desired use of the tem- (b) Within a wilderness area des- porary facility, including a schedule ignated by ANILCA, a new public use for its projected use and removal. All

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information may be provided orally ex- upon termination of the permittee’s cept the diagram, sketch or photograph hunting and fishing activities and re- of the facility and the map. lated use of the facility or on a specific date; § 13.186 Permit issuance. (c) Require reasonable seasonal relo- (a) In making a decision on a permit cation of a temporary facility in order application, the Superintendent shall to protect the values and purposes for determine whether a temporary facil- which the park area was established; ity is ‘‘directly and necessarily related (d) Require that a temporary facility to’’ the applicant’s legitimate hunting be used on a shared basis and not ex- and fishing activities by examining the clusively by the permittee; and applicant’s particular circumstances, (e) Limit the overall term of a permit including, but not limited to his or her to a reasonable period of time, not to reasonable need for a temporary facil- exceed one year. ity and any reasonable alternatives available that are consistent with the Subpart D [Reserved] applicant’s needs. The Superintendent shall also consider whether the pro- Subpart E—Special Visitor Services posed use would constitute an expansion of existing facilities or use and § 13.300 Applicability and scope. would be detrimental to the purposes (a) Except as otherwise provided for for which the national preserve was es- in this section, the regulations con- tablished. If the Superintendent finds tained in this part apply to visitor that the proposed use would either con- services provided within all national stitute an expansion above existing park areas in Alaska. levels or be detrimental to the pur- (b) The rights granted by this subpart poses of the preserve, he/she shall deny to historical operators, preferred oper- the permit. The Superintendent may ators, and Cook Inlet Region, Incor- authorize the replacement or reloca- porated are not exclusive. The Director tion within the national preserve of an may authorize other persons to provide existing temporary facility or struc- visitor services on park lands. Nothing ture. in this subpart shall require the Direc- (b) The Superintendent shall deny an tor to issue a visitor services author- application for a proposed use that ization if not otherwise mandated by would exceed a ceiling or allocation es- statute to do so. Nothing in this sub- tablished pursuant to the national pre- part shall authorize the Director to serve’s General Management Plan. issue a visitor services authorization to a person who is not capable of carrying § 13.188 Permit terms. out its terms and conditions in a satis- The Superintendent shall allow for factory manner. use and occupancy of a temporary fa- (c) This subpart does not apply to the cility only to the extent that such fa- guiding of sport hunting or sport fish- cility is directly and necessarily re- ing. lated to the permittee’s hunting and fishing activities, and shall provide § 13.305 Definitions. that the temporary facility be used and The following definitions apply to maintained in a manner consistent this subpart: with the protection of the values and Best offer means a responsive offer purposes of the park area in which it is that best meets, as determined by the located. The Superintendent may also Director, the selection criteria con- establish permit terms that: tained in a competitive solicitation for (a) Limit use to a specified period, a visitor services authorization. not to exceed the applicable hunting or Controlling interest means, in the case fishing season and such additional brief of a corporation, an interest, beneficial periods necessary to maintain the fa- or otherwise, of sufficient outstanding cility before and after the season; voting securities or capital of the busi- (b) Require the permittee to remove ness so as to permit the exercise of a temporary facility and all associated managerial authority over the actions personal property from the park area and operations of the corporation or

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election of a majority of the board of issued by the State of Alaska, tax re- directors of the corporation. turns and voter registration. Controlling interest in the case of a For corporations. A corporation in partnership, limited partnership, joint which the controlling interest is held venture, or individual entrepreneur- by an individual or individuals who ship, means a beneficial ownership of qualify as local resident(s) within the or interest in the entity or its capital meaning of this subpart. For non-profit so as to permit the exercise of manage- corporations a majority of the board rial authority over the actions and op- members and a majority of the officers erations of the entity. In other cir- must qualify individually as local resi- cumstances, controlling interest means dents. any arrangement under which a third Native Corporation means the same as party has the ability to exercise man- defined in section 102(6) of ANILCA. agement authority over the actions or Preferred operator means a Native operations of the business. Corporation that is determined under Director means the Director of the § 13.325 to be ‘‘most directly affected’’ National Park Service or an authorized by the establishment or expansion of a representative. park area by ANILCA, or a local resident as defined in this subpart. Historical operator, except as other- Responsive offer is one that is timely wise may be specified by a statute received and meets the terms and con- other than ANILCA, means the holder ditions of a solicitation for a visitor of a valid written authorization from services authorization. the Director to provide visitor services Visitor services authorization is a writ- within a park area that: ten authorization from the Director to (1) On or before January 1, 1979, was provide visitor services in a park area. lawfully engaged in adequately pro- Such authorization may be in the form viding such visitor services in the ap- of a concession permit, concession con- plicable park area; tract, or other document issued by the (2) Has continued, as further defined Director under National Park Service in § 13.310, to lawfully provide that vis- policies and procedures. itor service since January 1, 1979, without a change in controlling interest; § 13.310 Historical operators. and (a) A historical operator will have a (3) Is otherwise determined by the Di- right to continue to provide visitor rector to have a right to continue to services in a park area under appro- provide such services or similar serv- priate terms and conditions contained ices pursuant to § 13.310. in a visitor services authorization Local area means an area in Alaska issued by the Director as long as such within 100 miles of the location within services are determined by the Director the park area where any of the applica- to be consistent with the purposes for ble visitor services is authorized to be which the park area was established. A provided. historical operator may not operate Local resident means: without such an authorization. The au- For individuals. Those individuals thorization will be for a fixed term. who have lived within the local area Failure to comply with the terms and for 12 consecutive months before conditions of the authorization will re- issuance of a solicitation of offers for a sult in cancellation of the authoriza- visitor services authorization for a tion and consequent loss of historical park area and who maintain their pri- operator rights under this subpart. mary, permanent residence and busi- (b) Nothing in this subpart will pro- ness within the local area and when- hibit the Director from permitting per- ever absent from this primary, perma- sons in addition to historical operators nent residence, have the intention of to provide visitor services in park returning to it. Factors demonstrating areas at the Director’s discretion as the location of an individual’s primary, long as historical operators are per- permanent residence and business may mitted to conduct a scope and level of include, but are not limited to, the per- visitor services equal to those provided manent address indicated on licenses before January 1, 1979, under terms and

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conditions consistent with this subfactors so as to achieve a fair curtail- part. A historical operator may be per- ment of visitor services among the his- mitted by the Director under separate torical operators. If the level of visitor authority to increase the scope or level services must be so curtailed that only of visitor services provided prior to one historical operator feasibly may January 1, 1979, but no historical oper- continue to provide the visitor serv- ating rights will be obtained in such in- ices, the Director will select one his- crease. torical operator to continue to provide (c) If a historical operator applies for the curtailed visitor services through a a visitor services authorization in the competitive selection process. form of a joint venture, the application (g) Any of the following will result in will not be considered as validly made loss of historical operator status: unless the historical operator dem- (1) Revocation of an authorization for onstrates, to the satisfaction of the Di- historic types and levels of visitor serv- rector, that it has the controlling in- ices for failure to comply with the terest in the joint venture. terms and conditions of the authoriza- (d) A historical operator may apply tion. to the Director for an authorization or (2) A historical operator’s declination amended authorization to provide vis- of a renewal of the authorization made itor services similar to those it pro- pursuant to paragraph (d) of this sec- vided before January 1, 1979. The Direc- tion. tor will grant the request if such vis- (3) A change in the controlling inter- itor services are determined by the Di- est of the historical operator through rector to be: sale, assignment, devise, transfer, or by (1) Consistent with the protection of any other means, direct or indirect. A park resources and the purposes for change in the controlling interest of a which the park area was established; historical operator that results only in (2) Similar in kind and scope to the the acquisition of the controlling inter- visitor services provided by the histor- est by an individual or individuals who ical operator before January 1, 1979; were personally engaged in the visitor and services activities of the historical op- (3) Consistent with the legal rights of erator before January 1, 1979, will not any other person. be deemed a change in the historical (e) When a historical operator’s vis- operator’s controlling interest for the itor services authorization expires, and purposes of this subpart. if the applicable visitor services con- (4) A historical operator’s failure to tinue to be consistent with the pur- provide the authorized services for poses for which the park area was es- more than 24 consecutive months. tablished as determined by the Direc- (h) The Director may authorize other tor, the Director will offer to renew the persons to provide visitor services in a authorization for a fixed term under park area in addition to historical op- such new terms and conditions as the erators. Director determines are in the public interest. § 13.315 Preferred operators. (f) If the Director determines that (a) In selecting persons to provide authorized visitor services must be cur- visitor services for a park area, the Di- tailed or reduced in scope, level, or sea- rector will, if the number of visitor son to protect park resources, or for services authorizations is to be limited, other purposes, the Director will re- give a preference (subject to any rights quire the historical operator to make of historical operators or CIRI under such changes in visitor services. If this subpart) to preferred operators de- more than one historical operator pro- termined qualified to provide such vis- viding the same type of visitor services itor services. is required to have those services cur- (b) In such circumstances, the Direc- tailed, the Director will establish a tor will publicly solicit competitive of- proportionate reduction of visitor serv- fers for persons to apply for a visitor ices among all such historical opera- services authorization, or the renewal tors, taking into account historical op- of such an authorization, to provide erating levels and other appropriate such visitor services pursuant to 36

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CFR part 51 and/or other National Park ferred operators are not entitled by Service procedures. All offerors, in- this section to provide all visitor serv- cluding preferred operators, must sub- ices in a park area. mit a responsive offer to the solicita- (f) The preferences described in this tion in order to be considered for the section may not be sold, assigned, authorization. If the best offer from a transferred or devised, directly or indi- preferred operator is at least substan- rectly. tially equal to the best offer from a non-preferred operator, the preferred § 13.320 Preference to Cook Inlet Re- operator will receive authorization. If gion, Incorporated. an offer from a person besides a pre- (a) The Cook Inlet Region, Incor- ferred operator is determined to be the porated (CIRI), in cooperation with vil- best offer (and no preferred operator lage corporations within the Cook Inlet submits a responsive offer that is sub- region when appropriate, will have a stantially equal to it), the preferred op- right of first refusal to provide new vis- erator who submitted the best offer itor services within that portion of from among the offers submitted by Lake Clark National Park and Pre- preferred operators will be given the serve that is within the boundaries of opportunity, by amending its offer, to the Cook Inlet region. In order to exer- meet the terms and conditions of the cise this right of first refusal, the Na- best offer received. If the amended tional Park Service will publicly so- offer of such a preferred operator is licit competitive offers for the visitor considered by the Director as at least services authorization pursuant to 36 substantially equal to the best offer, CFR part 51 or other applicable Na- the preferred operator will receive the tional Park Service procedures. CIRI visitor service authorization. If a pre- must submit a responsive offer within ferred operator does not amend its 90 days of such solicitation. If CIRI offer to meet the terms and conditions makes such an offer and is determined of the best offer, the Director will issue by the Director to be capable of car- the authorization to the person who rying out the terms and conditions of submitted the best offer in response to the visitor services authorization, it the solicitation. will receive the authorization. If it (c) The Native Corporation(s) deter- does not, the authorization may be mined to be ‘‘most directly af- awarded to another person pursuant to fected’’under this subpart and local usual National Park Service policies residents have equal preference. The and procedures if otherwise appro- rights of preferred operators under this priate. section take precedence over the right (b) The CIRI right of first refusal will of preference that may be granted to have precedence over the rights of preexisting satisfactory National Park ferred operators. An offer from CIRI Service concessioners pursuant to the under this section, if the offer is in the Concessions Policy Act (16 U.S.C. 20) form of a joint venture, will not be con- and its implementing regulations and sidered valid unless it demonstrates to procedures, but do not take precedence the satisfaction of the Director that over the rights of historical operators CIRI has a controlling interest in the or CIRI as described in this subpart. joint venture. (d) An offer from a preferred operator (c) The CIRI right of first refusal under this subpart, if the offer is in the may not be sold, transferred, devised or form of a joint venture, will not be con- assigned, directly or indirectly. sidered valid unless it documents to the satisfaction of the Director that § 13.325 Most directly affected Native the preferred operator holds the con- Corporation. trolling interest in the joint venture. (a) Before the award of the first vis- (e) Nothing in this subpart will pro- itor service authorization in a park hibit the Director from authorizing area to be made after the effective date persons besides preferred operators to of this subpart, the Director will pro- provide visitor services in park areas vide an opportunity for any Native as long as the procedures described in Corporation interested in providing this section have been followed. Pre- visitor services within the applicable

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park area to submit an application to an earlier visitor services authoriza- the superintendent to be determined tion may apply for a determination the Native Corporation most directly that it is an equally affected Native affected by the establishment or expan- Corporation for the applicable park sion of the park area by or under the area in connection with a later visitor provisions of ANILCA. An application services authorization. Such subse- from an interested Native Corporation quent applications must contain the will include the following information: information required by paragraph (a) (1) Name, address, and phone number of this section, and must be made in a of the Native Corporation; date of in- timely manner as described by the Di- corporation; its articles of incorpora- rector in the applicable solicitation tion and structure; document so as not to delay the consid- (2) Location of the corporation’s pop- eration of offers for the visitor services ulation center or centers; and authorization. (3) An assessment of the socioeconomic impacts, including historical § 13.330 Appeal procedures. and traditional use and land-ownership An appeal of the denial of rights with patterns and their effects on the Native respect to providing visitor services Corporation as a result of the expan- under this subpart may be made to the sion or establishment of the applicable next higher level of authority. Such an park area by ANILCA. appeal must be submitted in writing (4) Any additional information the within 30 days of receipt of the denial. Native Corporation considers relevant Appeals must set forth the facts and or the Director may reasonably re- circumstances that the appellant be- quire. lieves support the appeal. The appel- (b) Upon receipt of all applications lant may request an informal meeting from interested Native Corporations, to discuss the appeal with the National the Director will determine the ‘‘most directly affected’’ Native Corporation Park Service. After consideration of considering the following factors: the materials submitted by the appel- (1) Distance and accessibility from lant and the National Park Service the corporation’s population center record of the matter, and meeting with and/or business address to the applica- the appellant if so requested, the Direc- ble park area; and tor will affirm, reverse, or modify the (2) Socioeconomic impacts, including denial appealed and will set forth in historical and traditional use and land- writing the basis of the decision. A ownership patterns, on Native Corpora- copy of the decision will be forwarded tions and their effects as a result of the to the appellant and will constitute the expansion or establishment of the ap- final administrative decision in the plicable park area; and matter. No person will be considered to (3) Information provided by Native have exhausted administrative rem- Corporations and other information edies with respect to a denial of rights considered relevant by the Director to to provide visitor services under this the particular facts and circumstances subpart until a final administrative de- of the effects of the establishment or cision has been made pursuant to this expansion of the applicable park area. section. (c) In the event that more than one Native Corporation is determined to be § 13.335 Information collection. equally affected within the meaning of (a) The information collection re- this section, each such Native Corpora- quirements contained in this part have tion will be considered as a preferred received emergency approval from the operator under this subpart. Office of Management and Budget (d) The Director’s most directly af- under 44 U.S.C. 3507, et seq., for the fected Native Corporation determina- basic contracting program under OMB tion applies to the award of all future clearance number 1024–0125. The infor- visitor service authorizations for the mation is being collected as part of the applicable park area. However, a Na- process of reviewing the procedures and tive Corporation that did not apply for programs of State and local govern- this determination in connection with ments participating in the national

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historic preservation program. The in- population, the population shall be al- formation will be used to evaluate located among local rural residents en- those procedures and programs. The gaged in subsistence uses in accordance obligation to respond is required to ob- with a subsistence priority system tain a benefit. based on the following criteria: (b) The public reporting burden for (1) Customary and direct dependence the collection of information is esti- upon the resource as the mainstay of mated to be 480 hours for large oper- one’s livelihood; ations and 240 hours for small oper- (2) Local residency; and ations, including the time for review- (3) Availability of alternative re- ing instructions, searching existing sources. data sources, gathering and maintain- (e) Nothing in this subpart shall be ing the data needed and completing construed as permitting a level of sub- and reviewing the collection of infor- sistence use of fish and wildlife within mation, including suggestions for re- park areas to be inconsistent with the ducing the burden, to Information Col- conservation of healthy populations, lection Officer, National Park Service, and within a national park or monu- 800 North Capitol Street, Washington, ment to be inconsistent with the con- DC 20013; and the Office of Management servation of natural and healthy popu- and Budget, Office of Information and lations, of fish and wildlife. Regulatory Affairs, Attention: Desk [71 FR 69333, Nov. 30, 2006, as amended at 80 Officer for the Department of Interior FR 64344, Oct. 23, 2015] (1024–0125), Washington, DC 20503. § 13.410 Applicability. Subpart F—Subsistence Subsistence uses by local rural residents are allowed pursuant to the regu- § 13.400 Purpose and policy. lations of this subpart in the following (a) Consistent with the management park areas: of fish and wildlife in accordance with (a) In national preserves; recognized scientific principles and the (b) In Cape Krusenstern National purposes for which each park area was Monument and Kobuk Valley National established, designated, or expanded by Park; ANILCA, the purpose of this subpart is (c) Where such uses are traditional to provide the opportunity for local (as may be further designated for each rural residents engaged in a subsist- park or monument in the applicable ence way of life to do so pursuant to special regulations of this part) in applicable State and Federal law. Aniakchak National Monument, Gates (b) Consistent with sound manage- of the Arctic National Park, Lake ment principles, and the conservation Clark National Park, Wrangell-St. of healthy populations of fish and wild- Elias National Park, and the Denali life, the utilization of park areas is to National Park addition. cause the least adverse impact possible on local rural residents who depend § 13.420 Definitions. upon subsistence uses of the resources The following definitions apply to of the public lands in Alaska. this part: (c) Nonwasteful subsistence uses of Animal parts. As used in this part, fish, wildlife and other renewable re- this term means nonedible antlers, sources by local rural residents shall be horns, bones, teeth, claws, hooves, the priority consumptive uses of such skins, hides, fur, hair, feathers, or resources over any other consumptive quills that: uses permitted within park areas pur- (1) Are obtained from lawfully hunted suant to applicable State and Federal or trapped fish or wildlife; law. (2) Have been shed or discarded as a (d) Whenever it is necessary to re- result of natural life-cycle events; or strict the taking of a fish or wildlife (3) Remain on the landscape as a re- population within a park area for sub- sult of the natural mortality of fish or sistence uses in order to assure the wildlife. continued viability of such population Handicraft. As used in the part, this or to continue subsistence uses of such term has the same meaning as used in

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federal subsistence regulations (50 CFR birds pursuant to the Migratory Bird part 100) except that: Treaty Act (and implementing regula- (1) The term also includes products tions at 50 CFR part 92) and marine made from plant materials; and mammals pursuant to the Marine (2) The term does not include a tro- Mammal Protection Act Act (and phy or European mount of horns or implmenting regulations at 50 CFR antlers. 18.23 and 18.26) by qualified individuals Local rural resident. As used in this is a subsistence use in accordance with part with respect to national parks and this subpart. For the purposes of this monuments, the term ‘‘local rural resi- subpart, the terms— dent’’ shall mean either of the fol- (1) ‘‘Family’’ means all persons re- lowing: lated by blood, marriage, or adoption, (1) Any person who has his/her pri- or any person living within the house- mary, permanent home within the resi- hold on a permanent basis; and dent zone as defined by this section, (2) ‘‘Barter’’ means the exchange of and whenever absent from this pri- handicrafts or fish or wildlife or their mary, permanent home, has the inten- parts taken for subsistence uses— tion of returning to it. Factors dem- (i) For other fish or game or their onstrating the location of a person’s parts; or primary, permanent home may include, (ii) For other food or for nonedible but are not limited to, the permanent items other than money if the ex- address indicated on licenses issued by change is of a limited and noncommer- the State of Alaska Department of cial nature; and Fish and Game, driver’s license, and (3) ‘‘Customary trade’’ means the ex- tax returns, and the location of reg- change of handicrafts or furs for cash istration to vote. to support personal or family needs; (2) Any person authorized to engage and does not include trade which con- in subsistence uses in a national park stitutes a significant commercial en- or monument by a subsistence permit terprise. issued pursuant to § 13.440. [71 FR 69333, Nov. 30, 2006, as amended at 82 Resident zone. As used in this part, FR 3632, Jan. 12, 2017] the term ‘‘resident zone’’ shall mean the area within, and the communities § 13.430 Determination of resident and areas near, a national park or zones. monument in which persons who have (a) A resident zone shall include— customarily and traditionally engaged (1) The area within a national park in subsistence uses within the national or monument; and park or monument permanently reside. (2) The communities and areas near a The communities and areas near a na- national park or monument which con- tional park or monument included as a tain significant concentrations of rural part of its resident zone shall be deter- residents who, without using aircraft mined pursuant to § 13.430 and listed for as a means of access for purposes of each national park or monument in the taking fish or wildlife for subsistence applicable special regulations of this uses (except in extraordinary cases part. where no reasonable alternative ex- Subsistence uses. As used in this part, isted), have customarily and tradition- this term means the customary and ally engaged in subsistence uses within traditional uses by rural Alaska resi- a national park or monument. For pur- dents of wild, renewable resources for poses of determining ‘‘significant’’ con- direct personal or family consumption centrations, family members shall also as food, shelter, fuel, clothing, tools or be included. transportation; for the making and (b) After notice and comment, includ- selling of handicraftsout of nonedible ing public hearing in the affected local byproducts of fish and wildlife re- vicinity, a community or area near a sources taken for personal or family national park or monument may be— consumption; for barter or sharing for (1) Added to a resident zone; or personal or family consumption; and (2) Deleted from a resident zone, for customary trade pursuant to Title when such community or area does or VIII of ANILCA. Harvest of migratory does not meet the criteria set forth in

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paragraph (a) of this section, as appro- or monument is prohibited except as priate. provided in this section. (c) For purposes of this section, the (b) Exceptions. (1) In extraordinary term ‘‘family’’ shall mean all persons cases where no reasonable alternative living within a rural resident’s house- exists, the Superintendent shall per- hold on a permanent basis. mit, pursuant to specified terms and conditions, a local rural resident of an § 13.440 Subsistence permits for per- ‘‘exempted community’’ to use aircraft sons whose primary, permanent home is outside a resident zone. for access to or from lands and water within a national park or monument (a) Any rural resident whose pri- for purposes of taking fish or wildlife mary, permanent home is outside the for subsistence uses. boundaries of a resident zone of a national park or monument may apply to (i) A community shall quality as an the appropriate Superintendent pursu- ‘‘exempted community’’ if, because of ant to the procedures set forth in the location of the subsistence re- § 13.495 for a subsistence permit author- sources upon which it depends and the izing the permit applicant to engage in extraordinary difficulty of surface ac- subsistence uses within the national cess to these subsistence resources, the park or monument. The Super- local rural residents who permanently intendent shall grant the permit if the reside in the community have no rea- permit applicant demonstrates that, sonable alternative to aircraft use for (1) Without using aircraft as a means access to these subsistence resources. of access for purposes of taking fish (ii) A community which is deter- and wildlife for subsistence uses, the mined, after notice and comment (in- applicant has (or is a member of a fam- cluding public hearing in the affected ily which has) customarily and tradi- local vicinity), to meet the description tionally engaged in subsistence uses of an ‘‘exempted community’’ set forth within a national park or monument; in paragraph (b)(1) of this section shall or be included in the appropriate special (2) The applicant is a local rural resi- regulations for each park and monu- dent within a resident zone for another ment in this part. national park or monument, or meets (iii) A community included as an the requirements of paragraph (a)(1) of ‘‘exempted community’’ in the special this section for another national park regulations of this part may be deleted or monument, and there exists a pat- therefrom upon a determination, after tern of subsistence uses (without use of notice and comment (including public an aircraft as a means of access for hearing in the affected local vicinity), purposes of taking fish and wildlife for that it does not meet the description of subsistence uses) between the national an ‘‘exempted community’’ set forth in park or monument previously utilized paragraph (b)(1) of this section. by the permit applicant and the na- (2) Any local rural resident aggrieved tional park or monument for which the by the prohibition on aircraft use set permit applicant seeks a subsistence forth in this section may apply for an permit. exception to the prohibition pursuant (b) For purposes of this section, the to the procedures set forth in § 13.495. term ‘‘family’’ shall mean all persons In extraordinary cases where no rea- living within a rural resident’s house- sonable alternative exists, the Super- hold on a permanent basis. intendent may grant the exception [71 FR 69333, Nov. 30, 2006, as amended at 73 upon a determination that the location FR 3185, Jan. 17, 2008] of the subsistence resources depended upon and the difficulty of surface ac- § 13.450 Prohibition of aircraft use. cess to these resources, or other emer- (a) Notwithstanding the provisions 43 gency situation, requires such relief. CFR 36.11(f) the use of aircraft for ac- (c) Nothing in this section shall process to or from lands and waters within hibit the use of aircraft for access to a national park or monument for pur- lands and waters within a national poses of taking fish or wildlife for sub- park or monument for purposes of en- sistence uses within the national park gaging in any activity allowed by law

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other than the taking of fish and wild- which shall be available for public in- life. Such activities include, but are spection at the office of the Super- not limited to, transporting supplies. intendent of the affected park area and the post office or postal authority of § 13.460 Use of snowmobiles, motor- every affected community within or boats, dog teams, and other means near the park area, or by the posting of of surface transportation traditionally employed by local rural resi- signs in the vicinity of the restrictions dents engaged in subsistence uses. or closures, or both. (d) Motorboats, snowmobiles, dog (a) Notwithstanding any other provi- teams, and other means of surface sion of this chapter, the use of snow- transportation traditionally employed mobiles, motorboats, dog teams, and by local rural residents engaged in sub- other means of surface transportation sistence uses shall be operated: traditionally employed by local rural residents engaged in subsistence uses is (1) In compliance with applicable permitted within park areas except at State and Federal law; those times and in those areas re- (2) In such a manner as to prevent stricted or closed by the Super- waste or damage to the park areas; and intendent. (3) In such a manner as to prevent (b) The Superintendent may restrict the herding, harassment, hazing or or close a route or area to use of snow- driving of wildlife for hunting or other mobiles, motorboats, dog teams, or purposes. other means of surface transportation (e) At all times when not engaged in traditionally employed by local rural subsistence uses, local rural residents residents engaged in subsistence uses if may use snowmobiles, motorboats, dog the Superintendent determines that teams, and other means of surface such use is causing or is likely to cause transportation in accordance with 43 an adverse impact on public health and CFR 36.11(c), (d), (e), and (g). safety, resource protection, protection of historic or scientific values, subsist- § 13.470 Subsistence fishing. ence uses, conservation of endangered Fish may be taken by local rural or threatened species, or the purposes residents for subsistence uses in park for which the park area was estab- areas where subsistence uses are al- lished. lowed in compliance with applicable (c) No restrictions or closures shall Federal law and regulation, including be imposed without notice and a public the provisions of §§ 2.3 and 13.40 of this hearing in the affected vicinity and chapter. Local rural residents in park other locations as appropriate. In the areas where subsistence uses are al- case of emergency situations, restric- lowed may fish with a net, seine, trap, tions or closures shall not exceed sixty or spear; or use native species as bait, (60) days and shall not be extended un- where permitted by applicable Federal less the Superintendent establishes, law and regulation. after notice and public hearing in the affected vicinity and other locations as [80 FR 64344, Oct. 23, 2015] appropriate, that such extension is justified according to the factors set forth § 13.480 Subsistence hunting and trapping. in paragraph (b) of this section. Notice of the proposed or emergency restric- (a) Local rural residents may hunt tions or closures and the reasons there- and trap wildlife for subsistence uses in fore shall be published in at least one park areas where subsistence uses are newspaper of general circulation with- allowed in compliance with this chap- in the State and in at least one local ter and 50 CFR part 100. newspaper if appropriate, and informa- (b)(1) The following types of bait may tion about such proposed or emergency be used to take bears for subsistence actions shall also be made available for uses: broadcast on local radio stations in a (i) Parts of legally taken native fish manner reasonably calculated to in- or wildlife that are not required to be form local rural residents in the af- salvaged; or fected vicinity. All restrictions and (ii) Remains of native fish or wildlife closures shall be designated on a map that died of natural causes.

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(2) The use of any other type of bait park headquarters. Violating a condi- to take bears for subsistence uses is tion, limit, or restriction is prohibited. prohibited except under the terms and [82 FR 3633, Jan. 12, 2017] conditions of a permit issued under paragraph (d) of § 13.1902. § 13.485 Subsistence use of timber and [80 FR 64344, Oct. 23, 2015, as amended at 82 plant material. FR 3633, Jan. 12, 2017] (a) Notwithstanding any other provision of this part, the non-commercial § 13.482 Subsistence collection and use cutting of standing timber by local of animal parts. rural residents for appropriate subsist- (a) Local rural residents may collect ence uses, such as firewood or house animal parts (excluding parts of logs, may be permitted in park areas threatened or endangered species) for where subsistence uses are allowed as subsistence uses in park areas where follows: subsistence uses are authorized, pro- (1) For standing timber of diameter vided that: greater than three inches at ground (1) The resident’s primary permanent height, the Superintendent may permit residence is in an area or community cutting in accordance with the speci- with a federally recognized customary fications of a permit if such cutting is and traditional use determination for determined to be compatible with the the species in the game management purposes for which the park area was unit where the collecting occurs (50 established; and CFR part 100); and (2) For standing timber of diameter (2) The resident has written author- less than three inches at ground ization from the superintendent issued height, cutting is authorized unless re- under § 1.6 of this chapter that identi- stricted by the Superintendent. fies specific areas where this activity is (b) The gathering by local rural resi- allowed. dents of fruits, berries, mushrooms, and other plant materials for subsist- (3)(i) If you are a NPS-qualified sub- ence uses, and the gathering of dead or sistence user (recipient), you may des- downed timber for firewood for non- ignate another NPS-qualified subsist- commercial subsistence uses, shall be ence user to collect animal parts on allowed without a permit in park areas your behalf in accordance with this where subsistence uses are allowed. section for the following purposes: (c) The gathering by local rural resi- (A) Making handicrafts for personal dents of plant materials to make use, customary trade, or barter; or handicrafts for customary trade or bar- (B) Making handicrafts for qualified ter is authorized in park areas where educational or cultural programs. subsistence uses are allowed in accord- (ii) The designated collector must ob- ance with terms and conditions estab- tain a permit from the superintendent. lished by the superintendent and post- The designated collector may not ed on the park Web site. The use of charge the recipient for his/her services paid employees to collect plant mate- or for the collected items. rials is prohibited. This prohibition (4) The use of paid employees to col- does not apply to qualified educational lect animal parts is prohibited. This or cultural programs that collect plant prohibition does not apply to qualified materials to create handicrafts, pro- educational or cultural programs that vided that the resulting handicrafts are collect animal parts to create handi- not exchanged through barter or cus- crafts, provided that the resulting tomary trade. handicrafts are not exchanged through (d)(1) If you are a NPS-qualified sub- barter or customary trade. sistence (recipient), you may designate (b) The superintendent may establish another NPS-qualified subsistence user conditions, limits, and other restric- to collect plants on your behalf in actions on collection activities. Areas cordance with this section for the fol- open to collections will be identified on lowing purposes: a map posted on the park Web site and (i) Making handicrafts for personal available at the park visitor center or use, customary trade, or barter; or

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(ii) Making handicrafts for qualified available for broadcast on local radio educational or cultural programs. stations in a manner reasonably cal- (2) The designated collector must ob- culated to inform local rural residents tain a permit from the superintendent. in the affected vicinity. All closures The designated collector may not shall be designated on a map which charge the recipient for his/her services shall be available for public inspection or for the collected items. at the office of the Superintendent of (e) The superintendent may establish the affected park area and the post of- conditions, limits, and other restric- fice or postal authority of every af- tions on gathering activities. Violating fected community within or near the a condition, limit, or restriction is pro- park area, or by the posting of signs in hibited. the vicinity of the restrictions, or (f) Notwithstanding any other provi- both. sion of this part, the Superintendent, after notice and public hearing in the [71 FR 69333, Nov. 30, 2006, as amended at 73 affected vicinity and other locations as FR 3185, Jan. 17, 2008; 82 FR 3633, Jan. 12, 2017] appropriate, may temporarily close all or any portion of a park area to sub- § 13.490 Closure to subsistence uses of sistence uses of a particular plant pop- fish and wildlife. ulation. The Superintendent may make a closure under this paragraph only if (a) The Superintendent may tempo- necessary for reasons of public safety, rarily restrict a subsistence activity or administration, resource protection, close all or part of a park area to sub- protection of historic or scientific val- sistence uses of a fish or wildlife popu- ues, conservation of endangered or lation after consultation with the threatened species, or the purposes for State and the Federal Subsistence which the park area was established, or Board in accordance with the provi- to ensure the continued viability of the sions of this section. The Super- plant population. For purposes of this intendent may make a temporary clo- section, the term ‘‘temporarily’’ shall sure or restriction notwithstanding mean only so long as reasonably nec- any other provision of this part, and essary to achieve the purposes of the only if the following conditions are closure. met: (1) If the Superintendent determines (1) The restriction or closure must be that an emergency situation exists and necessary for reasons of public safety, that extraordinary measures must be administration, or to ensure the con- taken for public safety or to assure the tinued viability of the fish or wildlife continued viability of a particular population; plant population, the Superintendent (2) Except in emergencies, the Super- may immediately close all or any por- intendent must provide public notice tion of a park area to the subsistence and hold a public hearing near the af- uses of such population. Such emer- fected NPS unit; gency closure shall be effective when (3) The restriction or closure may made, shall be for a period not to ex- last only so long as reasonably nec- ceed sixty (60) days, and may not sub- essary to achieve the purposes of the sequently be extended unless the Su- closure. perintendent establishes, after notice (b) If the Superintendent determines and public hearing in the affected vi- that an emergency situation exists and cinity and other locations as appro- that extraordinary measures must be priate, that such closure should be ex- taken for public safety or to assure the tended. continued viability of a particular fish (2) Notice of administrative actions or wildlife population, the Super- taken pursuant to this section, and the intendent may immediately close all or reasons justifying such actions, shall any portion of a park area to the sub- be published in at least one newspaper sistence uses of such population. Such of general circulation within the State emergency closure shall be effective and at least one local newspaper if when made, shall be for a period not to available, and information about such exceed sixty (60) days, and may not actions and reasons also shall be made subsequently be extended unless the

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Superintendent establishes, after no- tion in a timely manner not to exceed tice and public hearing in the affected forty-five (45) days following the re- vicinity and other locations as appro- ceipt of the completed application. priate, that such closure should be ex- Should the Superintendent deny the tended. application, he/she shall include in the (c) Notice of administrative actions decision a statement of the reasons for taken pursuant to this section, and the the denial and shall promptly forward reasons justifying such actions, shall a copy to the applicant. be published in at least one newspaper (b) An applicant whose application of general circulation within the State has been denied by the Superintendent and in at least one local newspaper if has the right to have his/her applica- available, and information about such tion reconsidered by the Alaska Re- actions and reasons also shall be made gional Director by contacting the Re- available for broadcast on local radio gional Director within 180 days of the stations in a manner reasonably cal- issuance of the denial. The Regional culated to inform local rural residents Director may extend the 180-day time in the affected vicinity. All closures limit to initiate a reconsideration for shall be designated on a map which good cause shown by the applicant. For shall be available for public inspection purposes of reconsideration, the appli- at the office of the Superintendent of cant shall present the following infor- the affected park area and the post of- mation: fice or postal authority of every af- (1) Any statement or documentation, fected community within or near the in addition to that included in the ini- park area, or by the posting of signs in tial application, which demonstrates the vicinity of the restrictions, or that the applicant satisfies the criteria both. set forth in paragraph (a) of this sec- [71 FR 69333, Nov. 30, 2006, as amended at 80 tion; FR 64344, Oct. 23, 2015] (2) The basis for the applicant’s disagreement with the Superintendent’s § 13.495 Application procedures for findings and conclusions; and subsistence permits and aircraft ex- (3) Whether or not the applicant re- ceptions. quests an informal hearing before the (a) Any person applying for the sub- Regional Director. sistence permit required by § 13.440(a), (c) The Regional Director shall pro- or the exception to the prohibition on vide a hearing if requested by the ap- aircraft use provided by § 13.450(b)(2), plicant. After consideration of the shall submit his/her application to the written materials and oral hearing, if Superintendent of the appropriate na- any, and within a reasonable period of tional park or monument. If the appli- time, the Regional Director shall af- cant is unable or does not wish to sub- firm, reverse, or modify the denial of mit the application in written form, the Superintendent and shall set forth the Superintendent shall provide the in writing the basis for the decision. A applicant an opportunity to present copy of the decision shall be forwarded the application orally and shall keep a promptly to the applicant and shall record of such oral application. Each constitute final agency action. application must include a statement which acknowledges that providing Subpart G [Reserved] false information in support of the application is a violation of Section 1001 of Title 18 of the United States Code, Subpart H—Special Regulations— and additional statements or docu- Alagnak Wild River mentation which demonstrates that the applicant satisfies the criteria set § 13.550 Wildlife distance conditions. forth in § 13.440(a) for a subsistence per- (a) Approaching a bear or any large mit or § 13.450(b)(2) for the aircraft ex- mammal within 50 yards is prohibited. ception, as appropriate. Except in ex- (b) Continuing to occupy a position traordinary cases for good cause within 50 yards of a bear that is using shown, the Superintendent shall decide a concentrated food source, including, whether to grant or deny the applica- but not limited to, animal carcasses,

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spawning salmon, and other feeding Subpart J—Special Regulations— areas is prohibited. Bering Land Bridge National (c) Continuing to engage in fishing Preserve within 50 yards of a bear is prohibited. (d) The prohibitions in this section § 13.702 Off-Road Vehicles. do not apply to persons— The use of off-road vehicles for pur- (1) Engaged in a legal hunt; poses of reindeer grazing may be per- (2) On a designated bear viewing mitted in accordance with a permit structure; issued by the Superintendent. (3) In compliance with a written pro- tocol approved by the Superintendent; or Subpart K—Special Regulations— (4) Who are otherwise directed by a Cape Krusenstern National park employee. Monument [73 FR 3185, Jan. 17, 2008] § 13.802 Subsistence resident zone. The following area is included within Subpart I—Special Regulations— the resident zone for Cape Krusenstern Aniakchak National Monu- National Monument: The NANA Re- ment and Preserve gion. § 13.602 Subsistence resident zone. Subpart L—Special Regulations— The following communities and areas Denali National Park and Preserve are included within the resident zone for Aniakchak National Monument: GENERAL PROVISIONS Chignik, Chignik Lagoon, Chignik Lake, Meshik, and Port Heiden. § 13.902 Subsistence resident zone. The following communities and areas § 13.604 Wildlife distance conditions. are included within the resident zone (a) Approaching a bear or any large for Denali National Park addition: mammal within 50 yards is prohibited. Cantwell (limited to the area within a (b) Continuing to occupy a position 3-mile radius of the Cantwell post of- within 50 yards of a bear that is using fice as shown on a map available at the a concentrated food source, including, park visitor center), Minchumina, but not limited to, animal carcasses, Nikolai, and Telida. spawning salmon, and other feeding [73 FR 67393, Nov. 14, 2008] areas is prohibited. (c) Continuing to engage in fishing § 13.903 Subsistence use of off-road ve- within 50 yards of a bear is prohibited. hicles. (d) The prohibitions do not apply to Operating a motor vehicle off road is persons— prohibited except by authorized resi- (1) Engaged in a legal hunt; dents as defined in this section when (2) On a designated bear viewing engaged in subsistence uses. For pur- structure; poses of this section, ‘‘authorized resi- (3) In compliance with a written pro- dents’’ means residents of the Cantwell tocol approved by the Superintendent; resident zone community as defined by or this subpart or those residents of Alas- (4) Who are otherwise directed by a ka Game Management Unit 13E holding park employee. a permit issued under § 13.440 of this part. Operating a motor vehicle off [71 FR 69333, Nov. 30, 2006, as amended at 73 road for subsistence purposes outside FR 3186, Jan. 17, 2008] 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.

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(a) Authorized residents may operate website. Violating terms and condi- vehicles off road only in the following tions of the permit is prohibited. designated areas and trails: [73 FR 67393, Nov. 14, 2008] (1) The Windy Creek Trail; (2) The Cantwell Airstrip Trail; § 13.905 Group size. (3) The Pyramid Trail; (a) The following are prohibited: (4) The Cantwell Creek Floodplain (1) Group sizes exceeding 12 individ- Trail/Corridor; and uals on the east side of the park out- (5) A trail or area along the Bull side the Frontcountry Developed Area River Floodplain designated by the su- as defined by this subpart. perintendent under paragraph (b) of (2) Group sizes exceeding 6 individ- this section. uals on the west side of the park out- (b) The superintendent may des- side the Frontcountry Developed Area ignate a trail or area along the Bull as defined by this subpart. River Floodplain Corridor for motor (b) A map showing the east and west vehicle use by authorized residents if boundaries is available at the park vis- the superintendent determines that the itor center. following conditions are met: (c) The superintendent may authorize (1) Access across adjacent non-NPS larger groups on a case-by-case basis. lands has been secured; [73 FR 67393, Nov. 14, 2008] (2) An NPS-approved trail has been constructed on NPS lands; and § 13.906 Unattended or abandoned (3) Off-road vehicle use continues to property. be necessary for reasonable access to Leaving unattended and abandoned the Bull River for subsistence re- property along the road corridor, at sources by authorized residents. Wonder Lake, and in the areas included (c) All of the following are prohib- in the backcountry management plan, ited: is prohibited. (1) Motor vehicles greater than 5.5 feet wide; § 13.908 Fishing limit of catch and in (2) Motor vehicles exceeding 1,000 possession. pounds curb (unloaded) weight; The limit of catch per person per day (3) Motor vehicles that steer by lock- shall be 10 fish but not to exceed 10 ing or skidding a wheel or track; and pounds and one fish, except that the (4) Operating a motor vehicle in vio- limit of catch of lake trout (mackinaw) lation of § 13.460(d) of this part. per person per day shall be two fish in- (d) The superintendent may restrict cluding those hooked and released. or prohibit motor vehicle use author- Possession of more than one day’s ized by this section in accordance with limit of catch by one person at any one § 13.460(b) of this part. The Super- time is prohibited. intendent will notify the public of the proposed restriction or closure by § 13.910 Mountain climbing. issuing a press release, posting at local (a) Climbing Mount McKinley or post offices, posting on the park Mount Foraker without a permit is website, posting signs at designated prohibited. The superintendent will es- trails or areas if appropriate, use of tablish procedures for applying for a electronic media, and via other appro- permit. The superintendent may au- priate means. thorize a maximum of 1500 climbers on [73 FR 67393, Nov. 14, 2008] Mount McKinley from April 1 through August 1 each calendar year. § 13.904 Camping. (b) Violating terms and conditions of Camping without a permit in des- the permit is prohibited. ignated areas in the former Mount [73 FR 67393, Nov. 14, 2008] McKinley National Park or the Kantishna area is prohibited. A map § 13.912 Kantishna area summer sea- showing areas where a permit is re- son firearm safety zone. quired for camping is available at the What is prohibited? No one may fire park visitor center and on the park a gun during the summer season in or

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across the Kantishna area firearm safe- to September 30 unless authorized by ty zone, unless they are defending life the Superintendent. or property. (b) The Sable Pass Wildlife Viewing (a) The summer season begins on the Area means the area within one mile of Saturday of Memorial Day weekend the shoulder of the Park Road between and continues through the second Mile 38.2 and Mile 42.8, excluding the Thursday following Labor Day or Sep- Tattler Creek drainage. A map showing tember 15, whichever comes first. the specific boundaries of the closure is (b) The Kantishna Area firearm safe- available for inspection at the park ty zone includes: The Kantishna Air- visitor center. strip; the State Omnibus Act Road right-of-way; and all public lands lo- [73 FR 3186, Jan. 17, 2008] cated within one mile of the Kantishna Airstrip or the State Omnibus Act § 13.920 Wildlife distance conditions. Road right-of-way, from the former Mt. (a) Bears. The following are prohib- McKinley National Park boundary at ited: mile 87.9 to the south end of the (1) Approaching within 300 yards of a Kantishna Airstrip. bear; or (2) Engaging in photography within § 13.914 Bicycle use. 300 yards of a bear. The use of a bicycle is prohibited— (b) Other wildlife. The following are (a) On the Savage River Loop Trail; prohibited: the Savage Cabin Trail; the Triple (1) Approaching within 25 yards of a Lakes Trail; the McKinley Bar Trail; moose, caribou, Dall sheep, wolf, an ac- and the Eielson Area Trails; and tive raptor nest, or occupied den site; (b) Within the Frontcountry Devel- or oped Area as defined by § 13.970 except (2) Engaging in photography within on park roads, road shoulders, and in 25 yards of a moose, caribou, Dall public parking areas, or on trails and sheep, wolf, an active raptor nest, or areas designated for bicycle use by the occupied den site. Superintendent. A map of the designated trails and areas open to bicycle (c) Prohibitions. The prohibitions in use is available for inspection at the this section do not apply to persons— park visitor center and on the park (1) Within a motor vehicle or a hard Web site. sided building; (2) Within 2 yards of their motor ve- § 13.916 Use of roller skates, hicle or entrance to a hard sided build- skateboards, roller skis, in-line ing that is 25 yards or more from a skates, and similar devices. bear; The use of roller skates, skateboards, (3) Engaged in legal hunting or trap- roller skis, in-line skates, and similar ping activities; devices is prohibited— (4) In compliance with a written pro- (a) On the Savage River Loop Trail; tocol approved by the Superintendent; the Savage Cabin Trail; the Triple (5) Who are otherwise directed by a Lakes Trail; the McKinley Bar Trail; park employee; or and the Eielson Area Trails; and (6) In accordance with a permit from (b) Within the Frontcountry Devel- the Superintendent. oped Area as defined by § 13.970 except on trails and areas designated by the [73 FR 3186, Jan. 17, 2008] Superintendent. A map of the designated trails and areas is available for MOTOR VEHICLE PERMITS inspection at the park visitor center and on the park Web site. § 13.930 Do I need a permit to operate a motor vehicle on the Denali Park § 13.918 Sable Pass Wildlife Viewing road west of the Savage River? Area. Yes, you must obtain a permit from (a) Entry into the Sable Pass Wildlife the superintendent to operate a motor Viewing Area is prohibited from May 1 vehicle on the restricted section of the

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Denali Park road. The restricted sec- SNOWMACHINE (SNOWMOBILE) tion begins at the west end of the Sav- OPERATIONS age River Bridge (mile 14.8) and continues to the former Mt. McKinley Na- § 13.950 What is the definition of a traditional activity for which Section tional Park boundary north of Wonder 1110(a) of ANILCA permits Lake (mile 87.9). snowmachines to be used in the former Mt. McKinley National Park § 13.932 How many permits will be (Old Park) portion of Denali Na- issued each summer? tional Park and Preserve? The superintendent is authorized, A traditional activity is an activity under this subpart, to issue no more that generally and lawfully occurred in than 10,512 motor vehicle permits each the Old Park contemporaneously with year for access to the restricted section the enactment of ANILCA, and that of the road. The superintendent will was associated with the Old Park, or a issue the permits for the period that discrete portion thereof, involving the begins on the Saturday of Memorial consumptive use of one or more nat- Day weekend and continues through ural resources of the Old Park such as the second Thursday following Labor hunting, trapping, fishing, berry pick- Day or September 15, whichever comes ing or similar activities. Recreational first. Each permit allows one vehicle use of snowmachines was not a tradi- one entry onto the restricted portion of tional activity. If a traditional activity the Park road. generally occurred only in a particular area of the Old Park, it would be con- § 13.934 How will the superintendent sidered a traditional activity only in manage the permit program? the area where it had previously occurred. In addition, a traditional activ- (a) The superintendent will apportion ity must be a legally permissible activ- motor vehicle permits among authority in the Old Park. ized users following the procedures in § 13.55. Authorized users are individ- § 13.952 May a snowmachine be used uals, groups and governmental entities in that portion of the park formerly who are allowed by law or policy to use known as Mt. McKinley National the restricted section of the road. Park (Old Park)? (b) The superintendent will establish No, based on the application of the an annual date to evaluate permit re- definition of traditional activities quests and publish that date, along within the park to the factual history with the results of the annual appor- of the Old Park, there are no tradi- tionment, in the superintendent’s com- tional activities that occurred during pendium of rules and orders. The super- periods of adequate snow cover within intendent’s compendium is available to the Old Park; and, thus, Section 1110(a) the public upon request. of ANILCA does not authorize (c) The superintendent will reevalu- snowmachine access. Hunting and trap- ate the access requirements of any ping were not and are not legally per- business that is sold, ceases to operate mitted activities in the Old Park at or that significantly changes the serv- any time of the year. Sport fishing has ices currently offered to the public. not taken place in the Old Park during periods of adequate snow cover due to § 13.936 What is prohibited? weather conditions that are adverse to sport fishing, and the limited fishery (a) No one may operate a motor vehi- resources within the Old Park. During cle on the restricted section of the periods of adequate snow cover, berry Park road without a valid permit. picking is not feasible, and has not (b) No one may use a motor home, taken place in the Old Park. Under the camper or trailer to transport guests definition, recreational use of to a lodge or other business in snowmachines is not a traditional ac- Kantishna. tivity. There are no villages, homesites (c) No one may transfer or accept or other valid occupancies within the transfer of a Denali Park road permit Old Park. Access by snowmachine without the superintendent’s approval. through the Old Park in transit to

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homesites, villages and other valid oc- § 13.962 Does the Superintendent have cupancies was not lawful prior to the other regulatory authority? enactment of ANILCA and is available Nothing in this subpart shall limit through routes outside the Old Park the authority of the superintendent to that have been historically used for restrict or limit uses of an area under that purpose. Therefore, the use of other statutory authority. snowmachines is not authorized by section 1110(a) for such travel. Further, FRONTCOUNTRY DEVELOPED AREA (FDA) Congress did not authorize subsistence activities in the Old Park. In addition, § 13.970 Frontcountry Developed Area definition. the National Park Service has determined that the use of even a few For purposes of this subpart, the snowmachines in the Old Park would Frontcountry Developed Area (FDA) be detrimental to the resource values means all park areas within the por- of the area. Therefore, because no tion of the park formerly known as Mt. usage is authorized in the Old Park by McKinley National Park (Old Park) not section 1110(a) the Old Park remains designated as Wilderness by Congress. closed to all snowmachine use in ac- A map showing the FDA is available at the park visitor center. cordance with 36 CFR 2.18. § 13.972 Camping from April 15 § 13.954 Where can I operate a through September 30. snowmachine in Denali National Park and Preserve? (a) Camping is prohibited in the FDA except in designated campgrounds in You can use a snowmachine outside accordance with the terms and condi- of the Old Park for traditional activi- tions of a permit. Violation of permit ties or travel to and from villages and terms and conditions is prohibited. homesites and other valid occupancies (b) Camping in designated camp- as authorized by 43 CFR 36.11(c), or grounds in the FDA for more than a when lawfully engaged in subsistence total of 14 days, either in a single pe- activities authorized by § 13.460. riod or combined periods, is prohibited.

§ 13.956 What types of snowmachines § 13.974 Camping from October 1 are allowed? through April 14. The types of snowmachines allowed (a) Camping is prohibited in the FDA are defined in § 13.1 under except in designated campgrounds and ‘‘snowmachine or snowmobile’’. the designated area where the park road is closed to motor vehicle use. A § 13.958 What other regulations apply map showing the designated area is to snowmachine use? available at the park visitor center and Snowmachine use is governed by reg- on the park Web site. ulations at § 2.18(a) of this chapter, (b) Camping in the FDA without a traffic safety, § 2.18(b) of this chapter, permit is prohibited. Violation of per- state laws, and § 2.18(d) and (e) of this mit terms and conditions is prohibited. chapter, prohibited activities; and 43 (c) Camping in the FDA for more CFR 36.11(a)(2) adequate snow cover, than a total of 30 days, either in a sin- and 43 CFR 36.11(c) traditional activi- gle period or combined periods, is pro- ties. hibited.

§ 13.960 Who determines when there is § 13.976 Fire. adequate snow cover? Lighting or maintaining a fire is pro- The superintendent will determine hibited in the FDA except— when snow cover is adequate for (a) In established receptacles within snowmachine use. The superintendent designated campgrounds; will follow the procedures in §§ 1.5 and (b) From October 1 through April 14 in that portion of the FDA where the 1.7 of this chapter to inform the public. park road is closed to motor vehicle use; and

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(c) Under conditions that may be es- from plant material taken by local tablished by the Superintendent. rural residents of the park area.

§ 13.978 Pets. § 13.1008 Solid waste disposal. Possessing a pet is prohibited— (a) A solid waste disposal site may (a) In the FDA, except in public park- accept non-National Park Service solid ing areas, on or immediately adjacent waste generated within the boundaries to park roads, or in designated camp- of the park area. grounds; (b) A solid waste disposal site may be (b) Within 150 feet of the park sled located within one mile of facilities as dog kennels; and defined by this part so long as it does (c) Within 150 feet of the park water not degrade natural or cultural re- system intake facilities. sources of the park area. [73 FR 3186, Jan. 17, 2008] § 13.980 Other FDA closures and restrictions. Subpart N—Special Regulations— The Superintendent may prohibit or Glacier Bay National Park otherwise restrict activities in the and Preserve FDA to protect public health, safety, or park resources. Information on FDA ADMINISTRATIVE PROVISIONS closures and restrictions will be available for inspection at the park visitor § 13.1102 Definitions. center and on the park Web site. Vio- As used in this subpart: lating FDA closures or restrictions is Bartlett Cove Developed Area means all prohibited. NPS-administered lands and waters within 1 mile of any Bartlett Cove fa- Subpart M—Special Regulations— cility. A map showing the Bartlett Gates of the Arctic National Cove Developed Area is available at the Park and Preserve park visitor center. Charter vessel means any motor vessel § 13.1002 Subsistence resident zone. under 100 tons gross (U.S. System) or 2,000 tons gross (International Conven- The following communities and areas tion System) engaged in transport of are included within the resident zone passengers for hire and certified to for Gates of the Arctic National Park: carry no more than 12 passengers over- Alatna, Allakaket, Ambler, Anaktuvuk night and no more than 49 passengers Pass, Bettles/Evansville, Hughes, for daytime use. Charter vessels also Kobuk, Nuiqsut, Shungnak, and include any uninspected motor vessel Wiseman. measuring less than 200 tons gross § 13.1004 Aircraft use. (U.S. Tonnage ‘‘Simplified Measure- ment System’’) and not more than 24 In extraordinary cases where no rea- meters (79 feet) in length engaged in sonable alternative exists, local rural transport of passengers for hire. residents who permanently reside in Commercial fishing means conducting the following exempted commu- fishing activities under the appropriate nity(ies) may use aircraft for access to commercial fishing permits and li- lands and waters within the park for censes as required and defined by the subsistence purposes in accordance State of Alaska. with a permit issued by the Super- Commercial fishing vessel means any intendent: Anaktuvuk Pass. motor vessel conducting fishing activities under the appropriate commercial § 13.1006 Customary trade. fishing licenses as authorized under In the Gates of the Arctic National this subpart. Preserve unit which contains the Cruise ship means any motor vessel of Kobuk River and its tributaries, ‘‘cus- at least 100 tons gross (U.S. System) or tomary trade’’ shall include—in addi- 2,000 tons gross (International Conven- tion to the exchange of furs for cash— tion System) certificated to carry the selling of handicraft articles made more than 12 passengers for hire.

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Daily vessel quota means the max- Whale waters means any portion of imum number of vessels allowed, by Glacier Bay, designated by the super- vessel category, on any one calendar intendent, having a high probability of day. whale occupancy, based upon recent Glacier Bay means all waters inside a sighting and/or past patterns of occur- line drawn between Point Gustavus at rence. 135°54.927′ W longitude; 58°22.748′ N latitude and Point Carolus at 136°2.535′ W § 13.1104 Coordinates. ° ′ longitude; 58 22.694 N latitude. All coordinates referenced in this Motor vessel means any vessel, other subpart use horizontal datum World than a seaplane, propelled or capable of Geodetic System of 1984 (WGS 84). being propelled by machinery (including steam), whether or not such ma- § 13.1106 Pets. chinery is the principal source of power, except a skiff or tender under Pets are prohibited except— tow or carried on board another vessel. (a) On the Bartlett Cove Public Use Outer waters means all of the non-wil- Dock; derness marine waters of the park lo- (b) On the beach between the Bartlett cated outside of Glacier Bay. Cove Public Use Dock and the National Passenger ferry means a motor vessel Park Service Administrative Dock; authorized by the Superintendent to (c) Within 100 feet of Bartlett Cove engage in the transport of passengers Developed Area park roads or parking for hire to Bartlett Cove. areas unless otherwise posted; Private vessel means any motor vessel (d) On a vessel on the water; or that is not engaged in business (busi- (e) Within Glacier Bay National Pre- ness includes, but is not limited to, serve. transportation of passengers for hire or commercial fishing). [73 FR 3186, Jan. 17, 2008] Seasonal vessel quota means the max- § 13.1108 Alsek Corridor. imum number of vessels allowed, by vessel category, during a specific sea- (a) A permit is required to enter the sonal period. Alsek Corridor. A map showing the Speed through the water means the boundaries of the Alsek Corridor is speed at which a vessel moves through available from the park visitor center. the water (which itself may be mov- Failure to obtain a permit is prohib- ing); as distinguished from ‘‘speed over ited. the ground’’ (speed measured in rela- (b) Group size is limited to 15 persons tion to a fixed point on the earth). except that specific concession permit Tour vessel means any motor vessel of holders are limited to 25 persons. less than 100 tons gross (U.S. System) (c) Camping is prohibited for more or 2,000 tons gross (International Con- than one night each at Walker Glacier, vention System) engaged in transport Alsek Spit and Gateway Knob plus one of passengers for hire and certificated additional night at any one of these to carry more than 12 passengers over- three locations. Camping is prohibited night or more than 49 passengers for for more than four nights total among daytime use. the three locations. Transit means to operate a motor ves- (d) Except at Glacier Bay National sel under power and continuously so as Preserve, campfires must be lighted to accomplish 1⁄2 nautical mile of lit- and maintained inside a fire pan within toral (i.e., along the shore) travel. 1⁄2 mile of the Alsek River. Vessel includes every type or description of craft used as a means of trans- (e) Disposal of solid human body portation on the water, including a waste within the Alsek Corridor is pro- buoyant device permitting or capable hibited. This waste must be carried to of free flotation and a seaplane while and disposed of at the NPS—designated operating on the water. facility. Whale means any humpback whale [73 FR 3186, Jan. 17, 2008] (Megaptera novaeangliae).

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§ 13.1109 Off-road vehicle use in Gla- BARTLETT COVE cier Bay National Preserve. § 13.1120 Bartlett Cove Developed Area The use of off-road vehicles is author- closures and restrictions. ized only on designated routes and areas in Glacier Bay National Preserve. The Superintendent may prohibit or The use of off-road vehicles in all other otherwise restrict activities in the areas in Glacier Bay National Preserve Bartlett Cove Developed Area to pro- is prohibited. A map of designated tect public health, safety, or park re- routes and areas is available at park sources, or to provide for the equitable headquarters. and orderly use of park facilities. Infor- mation on closures and restrictions [73 FR 3186, Jan. 17, 2008] will be available at the park visitor in- GENERAL PROVISIONS formation center. Violating Bartlett Cove Developed Area closures or re- § 13.1110 May I collect or burn strictions is prohibited. interstadial wood? Collecting or burning interstadial § 13.1122 Bartlett Cove Public Use Dock. wood (aged wood preserved in glacial deposits) is prohibited. (a) Docking, tying down, or securing aircraft is prohibited except at the des- § 13.1112 May I collect rocks and min- ignated aircraft float at the Bartlett erals? Cove Public Use Dock. Docking, tying Collecting rocks and minerals in the down, or securing aircraft to the Bart- former Glacier Bay National Monu- lett Cove Public Use Dock for longer ment is prohibited. than 3 hours in a 24-hour period is prohibited. Pilots must remain with the § 13.1114 May I collect goat hair? aircraft or provide notice of their loca- The collection of naturally shed goat tion to a park ranger. Failure to re- hair is authorized in accordance with main with the aircraft or provide no- terms and conditions established by tice to a park ranger is prohibited. the Superintendent. Violating terms (b) Vehicles exceeding 30,000 pounds and conditions for collecting goat hair gross vehicle weight are prohibited on is prohibited. the dock, unless authorized by the Su- perintendent. § 13.1116 Do I need a camping permit (c) Leaving personal property (other in Glacier Bay? than vessels) unattended on, or at- From May 1 through September 30, tached to, the floats or pier without camping within Glacier Bay as defined prior permission from the Super- by this subpart up to 1⁄4 nautical mile intendent is prohibited. (1519 feet) above the line of mean high (d) Processing commercially caught tide without a camping permit is pro- fish on the Public Use Dock is prohib- hibited. The Superintendent may es- ited. tablish permit terms and conditions. (e) The Superintendent may author- Failure to comply with permit terms ize the buying or selling of fish or fish and conditions is prohibited. products on or at the Public Use Dock. Buying or selling of fish or fish prod- § 13.1118 Solid waste disposal. ucts is prohibited on or at the Public (a) A solid waste disposal site may Use Dock without written permission accept non-National Park Service solid from the Superintendent. waste generated within the boundaries (f) Utilizing the fuel dock for activi- of the park area. ties other than fueling and waste (b) A solid waste disposal site may be pump-out is prohibited. Other uses may located within one mile of facilities as be authorized by the Superintendent to defined by this part so long as it does protect park resources or public safety. not degrade natural or cultural re- (g) Leaving a vessel unattended on sources of the park area. the fuel dock for any length of time is [73 FR 3186, Jan. 17, 2008] prohibited.

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(h) Using electrical shore power for developed State/federal park fisheries vessels is prohibited unless otherwise management plan, international con- authorized by the Superintendent. servation and management treaties, and existing federal and non-con- § 13.1124 Bartlett Cove Campground. flicting State law. The management (a) Camping is prohibited in the Bart- plan shall provide for the protection of lett Cove Developed Area except in the park values and purposes, the prohibi- Bartlett Cove Campground. From May tion on any new or expanded fisheries, 1 through September 30, all overnight and the opportunity to study marine campers must register to camp in the resources. Bartlett Cove Campground. Failure to (b) Commercial fishing or conducting register is prohibited. an associated buying or processing op- (b) Cooking, consuming, or preparing eration in wilderness waters is prohib- food in the Bartlett Cove Campground ited. is prohibited except in designated (c) A new or expanded fishery is pro- areas. hibited. The Superintendent shall com- (c) Food storage. In the Bartlett Cove pile a list of the existing fisheries and Developed Area, storing food in any gear types used in the outer waters and manner except in a sealed motor vehi- follow the procedures in §§ 1.5 and 1.7 of cle, a vessel (excluding kayaks), a this chapter to inform the public. building, an approved bear-resistant (d) Maps and charts showing which food container, a bear-resistant trash marine areas of Glacier Bay are closed receptacle, or a designated food cache to commercial fishing are available is prohibited. from the Superintendent.

§ 13.1126 Bicycles. § 13.1132 What types of commercial fishing are authorized in Glacier Use of a bicycle is prohibited on the Bay? Forest Loop, Bartlett River and Bart- lett Lake trails. Three types of commercial fishing are authorized in Glacier Bay non-wil- § 13.1128 Is a permit required to trans- derness waters: Longline fishing for port passengers between Bartlett halibut; pot and ring fishing for Tanner Cove and Gustavus? crab; and trolling for salmon. Commercial transport of passengers (a) All other commercial fishing, or a between Bartlett Cove and Gustavus by buying or a processing operation not motor vehicles legally licensed to related to an authorized fishery is pro- carry 15 or fewer passengers is allowed hibited in Glacier Bay. without a permit. However, if required (b) On October 1, 2000, each fishery to protect public health and safety or will be limited to fishermen who qual- park resources, or to provide for the ify for a non-transferable commercial equitable use of park facilities, the Su- fishing lifetime access permit (see perintendent may establish a permit § 13.1134). Commercial fishing without a requirement with appropriate terms permit issued by the superintendent, or and conditions for the transport of pas- other than in accordance with the sengers. Failure to comply with permit terms and conditions of the permit, is terms and conditions is prohibited. prohibited. (c) The Superintendent shall include COMMERCIAL FISHING in a permit the terms and conditions that the superintendent deems nec- § 13.1130 Is commercial fishing author- essary to protect park resources. Vio- ized in the marine waters of Glacier lating a term or condition of the per- Bay National Park? mit is prohibited. Yes—Commercial fishing is authorized within the outer waters of the § 13.1134 Who is eligible for a Glacier park and within the non-wilderness Bay commercial fishing lifetime ac- waters of Glacier Bay, subject to the cess permit? provisions of this chapter. A Glacier Bay commercial fishing (a) Commercial fishing shall be ad- lifetime access permit will be issued by ministered pursuant to a cooperatively the superintendent to fishermen who

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have submitted documentation to the years as a crewmember, other available superintendent, on or before October 1, corroborating documentation of crew- 2000, which demonstrates to the satis- member status. This may include a faction of the superintendent that: copy of the applicant’s commercial (a) They possess valid State limited crewmember license for each quali- entry commercial fishing permits for fying year, a notarized affidavit from the district or statistical area encom- their employer (generally a limited passing Glacier Bay for each fishery for entry permit holder, or boat owner which a lifetime access permit is being hired or contracted by a limited entry sought; and, permit holder) stating the years (b) They have participated as a lim- worked by the applicant in a qualifying ited entry permit holder or crew- fishery in Glacier Bay, copies of tax member in the district or statistical forms W–2 or 1099, pay stubs, or other area encompassing Glacier Bay for documentation; and each fishery for which a lifetime access (e) For applicants qualifying as a permit is being sought. limited entry permit holder, available (1) For the Glacier Bay commercial corroborating documentation of com- halibut fishery, the applicant must mercial landings for the Glacier Bay have participated as a permit holder or fishery during the qualifying periods— crewmember for at least 2 years during i.e., within the statistical unit or area the period 1992–1998. that includes Glacier Bay. For halibut, (2) For the Glacier Bay salmon or this includes regulatory sub-area 184. Tanner crab commercial fisheries, the For Tanner crab, this includes statis- applicant must have participated as a tical areas 114–70 through 114–77. For permit holder or crewmember for at salmon, the Superintendent may need least 3 years during the period 1989– additional documentation that sup- 1998. ports the applicant’s declaration of Glacier Bay salmon landings. For hal- § 13.1136 How can an individual apply ibut and Tanner crab, the Super- for a commercial fishing lifetime ac- intendent may consider documented cess permit? commercial landings from the unit or An applicant for a lifetime access area immediately adjacent to Glacier permit must provide information suffi- Bay (in Icy Strait) if additional docu- cient to establish eligibility as follows: mentation supports the applicant’s (a) The applicant’s full name, date of declaration that landings occurred in birth, mailing address and phone num- Glacier Bay. ber; (f) Any additional corroborating doc- (b) A notarized affidavit (required), umentation that might assist the su- sworn by the applicant, attesting to his perintendent in a timely determination or her history of participation as a lim- of eligibility for the access permits. ited entry permit holder or crewmember in Glacier Bay during the § 13.1138 Where should the docu- qualifying period for each fishery for mentation for a lifetime access per- which a lifetime access permit is being mit be sent? sought; Before October 1, 2000, all required in- (c) A copy of the applicant’s current formation (as listed in § 13.1136) should State of Alaska limited entry permit be sent to: Superintendent, Attn: Ac- or, in the case of halibut, an inter- cess Permit Program, Glacier Bay Na- national Pacific Halibut Commission tional Park and Preserve, P.O. Box 140, quota share (required), that is valid for Gustavus, Alaska 99826. the area that includes Glacier Bay, for each fishery for which a lifetime access § 13.1140 Who determines eligibility? permit is sought; The superintendent will make a writ- (d) For qualifying years as a limited ten determination of an applicant’s eli- entry permit holder, available corrobo- gibility for the lifetime access permit rating documentation of the appli- based on information provided. A copy cant’s permit and quota share history of the determination will be mailed to for the Glacier Bay fishery during the the applicant. If additional informa- qualifying period, and/or for qualifying tion is required to make an eligibility

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determination, the applicant will be compliance with state commercial fish- notified in writing of that need and be ing regulations. given an opportunity to provide it. (c) Commercial fishing in the east arm of Glacier Bay, north of an imagi- § 13.1142 Can I appeal denial of my nary line running from Point Caroline commercial fishing lifetime access through the southern point of Garforth permit application? Island and extending to the east side of Yes—If an applicant’s request for a Muir Inlet, except commercial fisher- commercial fishing lifetime access per- men who have been authorized by the mit is denied, the superintendent will superintendent to troll for salmon may provide the applicant with the reasons troll for king salmon south of 58° 50.0′ for the denial in writing within 15 days N latitude during the period October 1 of the decision. The applicant may ap- through April 30, in compliance with peal to the Regional Director, Alaska state commercial fishing regulations. Region, within 180 days. The appeal must substantiate the basis of the ap- VESSEL PERMITS plicant’s disagreement with the Super- intendent’s determination. The Re- § 13.1150 Is a permit required for a gional Director (or his representative) vessel in Glacier Bay? will meet with the applicant to discuss A permit from the superintendent is the appeal within 30 days of receiving required for motor vessels in accord- the appeal. Within 15 days of receipt of ance with this subpart and applicable written materials and the meeting, if regulations in this part. requested, the Regional Director will affirm, reverse, or modify the Super- § 13.1152 Private vessel permits and intendent’s determination and explain conditions. the reasons for the decision in writing. In Glacier Bay from June 1 through A copy of the decision will be for- August 31 an individual must have a warded promptly to the applicant and permit from the NPS issued for a spe- will be the final agency action. cific vessel for a specific period of time. § 13.1144 How often will commercial (a) From June 1 through August 31, fishing lifetime access permit be re- when the operator of a private vessel newed? enters Glacier Bay for the first time The superintendent will renew life- that calendar year, the operator must time access permit at 5-year intervals go directly to the Bartlett Cove Ranger for the lifetime of a permittee who con- Station for orientation. tinues to hold a valid State limited (b) From May 1 through September entry commercial fishing permit, and 30, the operator of a private vessel for halibut an International Pacific must immediately notify the Bartlett Halibut Commission quota share, and Cove Ranger Station of the vessel’s is otherwise eligible to participate in entry to or exit from Glacier Bay. the fishery under Federal and State § 13.1154 Commercial vessel permits law. and conditions. § 13.1146 What other closures and re- Each commercially operated motor strictions apply to commercial fish- vessel must have a permit to operate in ermen and commercial fishing ves- Glacier Bay National Park and Pre- sels? serve in accordance with § 5.3 of this The following are prohibited: chapter. (a) Commercial fishing in the waters (a) A cruise ship must have a conces- of Geikie, Tarr, Johns Hopkins and sion contract to operate in Glacier Reid Inlets. Bay. (b) Commercial fishing in the waters (b) A tour vessel, charter vessel, and of the west arm of Glacier Bay north of passenger ferry must have a commer- 58° 50.0′ N latitude, except commercial cial authorization to operate in Glacier fishermen who have been authorized by Bay. the superintendent to troll for salmon (c) The operator of a cruise ship, tour may troll for king salmon during the vessel, charter vessel, and passenger period October 1 through April 30, in ferry must notify the Bartlett Cove

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Ranger Station of the vessel’s entry tending from the long axis of the fuel into Glacier Bay within 48 hours in ad- dock to the wilderness boundary of vance of entering Glacier Bay or imme- Lester Island; diately upon entry. (c) One motor vessel is launched from (d) Cruise ships and tour vessels are a motor vessel that has a permit and prohibited from operating in the only while the authorized motor vessel Beardslee Entrance and at the entrance remains at anchor or operated in ac- to Adams Inlet, as defined as waters cordance with a concession agreement within the Wilderness boundaries in from a permitted motor vessel while those respective areas. that vessel is not underway; (e) Off-boat activity from a cruise (d) A commercial fishing vessel au- ship, tour vessel, or charter vessel is thorized under this subpart is actually prohibited, unless authorized by the su- engaged in commercial fishing; or perintendent. (e) A vessel is granted safe harbor by (f) Off-boat activity from a passenger the superintendent. ferry is prohibited, except for passenger access at the Bartlett Cove § 13.1158 Prohibitions. docks. (a) Operating a motor vessel in Gla- (g) A passenger ferry must travel a cier Bay without a required permit is direct course between the mouth of prohibited. Glacier Bay and Bartlett Cove, except (b) Violating a term or condition of a when the vessel is granted safe harbor permit or an operating condition or re- by the Superintendent as stated in striction issued or imposed pursuant to § 13.1156(e). this chapter is prohibited. (c) The superintendent may imme- § 13.1156 Exceptions from vessel per- diately suspend or revoke a permit or mit requirement. deny a future permit request as a re- A vessel permit is not required in sult of a violation of a provision of this Glacier Bay when: chapter. (a) A motor vessel is engaged in official, non-commercial business of the § 13.1160 Restrictions on vessel entry. State or Federal Government; The superintendent will allow vessel (b) A motor vessel is operating in entry in accordance with the following Bartlett Cove waters east of a line ex- table:

Daily vessel Seasonal vessel Type of vessel quotas (DVQ) Period covered by DVQ quota (SVQ) Period covered by SVQ

Cruise ship ...... 2 Year-round ...... Up to 184 ...... June 1–August 31. Up to 122 ...... May and September. Tour vessel ...... 3 Year-round ...... N/A ...... N/A. Charter vessel ...... 6 Jun 1–Aug 31 ...... N/A ...... N/A. Private vessel ...... 25 Jun 1–Aug 31 ...... N/A ...... N/A. Passenger ferry ...... 1 Year-round ...... N/A ...... N/A.

NOTE: Cruise ships and tour vessels are ble authority, and any other relevant limited to the daily vessel quota year-round. information. Charter and private vessels are not subject (b) The superintendent will annually to quotas from September through May. determine the cruise ship quota. This (a) The Director will reduce the ves- determination will be based upon appli- sel quota levels for any or all cat- cable authorities, appropriate public egories of vessels in this subpart as re- comment and available scientific and quired to protect the values and purposes of Glacier Bay National Park and other information. The number will be Preserve. The director will make these subject to the maximum daily vessel reductions based on the controlling bi- quota of two vessels. ological opinion issued by the National (c) From June 1 through August 31, Oceanic and Atmospheric Administra- the superintendent will designate one tion Fisheries Service under section 7 private vessel permit from the daily of the Endangered Species Act, applica- quota of 25 as a transit permit. This

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transit permit may be used only to di- § 13.1174 Whale water restrictions. rectly exit Glacier Bay from Bartlett (a) May 15 through September 30, the Cove and return directly to Bartlett following waters are designated as Cove. The superintendent may estab- whale waters. lish application procedures and oper- (1) Waters north of a line drawn from ating conditions. Violating operating Point Carolus to Point Gustavus; and conditions is prohibited. This para- south of a line drawn from the north- graph will cease to have effect on No- ernmost point of Lars Island across the vember 30, 2011. northernmost point of Strawberry Is- (d) Nothing in this section will be land to the point where it intersects construed to prevent the super- the line that defines the Beardslee Is- intendent from taking any action at land group, as described in any time to protect the values and pur- § 13.1180(a)(4), and following that line poses of Glacier Bay National Park and south and west to the Bartlett Cove Preserve. shore (so as to include the Beardslee Entrance and Bartlett Cove); and VESSEL OPERATING RESTRICTIONS (2) Other waters designated by the superintendent as temporary whale § 13.1170 What are the rules for operating vessels? waters. (b) The public will be notified of (a) Operating a vessel within 1⁄4 nau- other waters designated as temporary tical mile of a whale is prohibited, ex- whale waters in accordance with § 1.7 of cept for a commercial fishing vessel this chapter. authorized under this subpart that is (c) Violation of a whale water restric- actively trolling, setting, or pulling tion is prohibited. The following re- long lines, or setting or pulling crab strictions apply in whale waters unless pots. otherwise provided by the super- (b) The operator of a vessel inadvert- intendent in the designation: ently positioned within 1⁄4 nautical (1) Operating a motor vessel less than mile of a whale must immediately slow one nautical mile from shore (where the vessel to ten knots or less, without the width of the water permits), or in shifting into reverse unless impact is narrower areas navigating outside of likely. The operator must direct or mid-channel is prohibited. This restric- maintain the vessel on as steady a tion does not apply to motor vessels course as possible away from the whale less than 18 feet in length, or vessels until at least 1⁄4 nautical mile of sepa- actively engaged in fishing activities ration is established. Failure to take or operating solely under sail. such action is prohibited. (2) Unless other restrictions apply, (c) The operator of a vessel or sea- operators may perpendicularly ap- plane positioned within 1⁄2 nautical proach or land on shore (i.e., by the mile of a whale is prohibited from almost direct line to shore) through des- tering course or speed in a manner that ignated whale waters, but they may results in decreasing the distance be- not transit along the shore. tween the whale and the vessel or sea- (3) Operators must follow motor ves- plane. sel speed limits in § 13.1176(a).

§ 13.1172 When general operating re- § 13.1176 Speed restrictions. strictions do not apply. (a) From May 15 through September Section 13.1170 does not apply to a 30, in designated whale waters the fol- vessel being used in connection with lowing are prohibited: federally permitted whale research or (1) Operating a motor vessel at more monitoring; other closures and restric- than 20 knots speed through the water; tions in ‘‘Vessel Operating Restric- or tions,’’ §§ 13.1170 through 13.1180, do not (2) Operating a motor vessel at more apply to authorized persons conducting than 13 knots speed through the water, emergency or law enforcement oper- when the superintendent has des- ations, research or resource manage- ignated a maximum speed of 13 knots, ment, park administration/supply, or or at a maximum speed designated by other necessary patrols. the superintendent based on NOAA

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guidelines or new scientific informa- (e) May 1 through June 30, operating tion. a vessel or a seaplane on Johns Hop- (b) From July 1 through August 31, kins Inlet waters south of 58°54.2′ N operating a motor vessel on Johns Hop- latitude (an imaginary line running ap- kins Inlet waters south of 58°54.2′ N proximately due west from Jaw Point). latitude (a line running due west from (f) July 1 through August 31, oper- Jaw Point) at more than 10 knots speed ating a vessel or a seaplane on Johns through the water is prohibited. Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running ap- § 13.1178 Closed waters, islands and proximately due west from Jaw Point), other areas. within 1⁄4 nautical mile of a seal hauled The following are prohibited: out on ice; except when safe navigation (a) Operating a vessel or otherwise requires, and then with due care to approaching within 100 yards of South maintain the 1⁄4 nautical mile distance Marble Island; or Flapjack Island; or from concentrations of seals. any of the three small unnamed islets (g) Restrictions imposed in this sec- approximately one nautical mile tion are minimum distances. Park visi- southeast of Flapjack Island; or Eider tors are advised that protection of park Island; or Boulder Island; or Geikie wildlife may require that visitors Rock; or Lone Island; or the northern maintain greater distances from wild- three-fourths of Leland Island (north of life. See, 36 CFR 2.2 (Wildlife protec- 58°39.1′ N latitude); or any of the four tion). small unnamed islands located approximately one nautical mile north (one is- § 13.1180 Closed waters, motor vessels land), and 1.5 nautical miles east (three and seaplanes. islands) of the easternmost point of (a) May 1 through September 15, op- Russell Island; or Graves Rocks (on the erating a motor vessel or a seaplane on outer coast); or Cormorant Rock, or the following water is prohibited: any adjacent rock, including all of the (1) Adams Inlet, east of 135°59.2′ W near-shore rocks located along the longitude (an imaginary line running outer coast, for a distance of 11⁄2 nau- approximately due north and south tical miles, southeast from the mouth through the charted (5) obstruction lo- of Lituya Bay; or the surf line along cated approximately 21⁄4 nautical miles the outer coast, for a distance of 11⁄2 east of Pt. George). nautical miles northwest of the mouth (2) Rendu Inlet, north of the wilder- of the glacial river at Cape ness boundary at the mouth of the Fairweather. inlet. (b) Operating a vessel or otherwise (3) Hugh Miller complex, including approaching within 100 yards of a Scidmore Bay and Charpentier Inlet, Steller (northern) sea lion (Eumetopias west of the wilderness boundary at the jubatus) hauled-out on land or a rock or mouth of the Hugh Miller Inlet. a nesting seabird colony: Provided, how- (4) Waters within the Beardslee Is- ever, that vessels may approach within land group (except the Beardslee En- 50 yards of that part of South Marble trance), that is defined by an imagi- Island lying south of 58°38.6′ N latitude nary line running due west from shore (approximately the southern one-half to the easternmost point of Lester Is- of South Marble Island) to view land, then along the south shore of seabirds. Lester Island to its western end, then (c) May 1 through August 31, oper- to the southernmost point of Young Is- ating a vessel, or otherwise approach- land, then north along the west shore ing within 1⁄4 nautical mile of, Spider and east along the north shore of Island or any of the four small islets Young Island to its northernmost lying immediately west of Spider Is- point, then at a bearing of 15 true to an land. imaginary point located one nautical (d) May 1 through August 31, oper- mile due east of the easternmost point ating a cruise ship on Johns Hopkins of Strawberry Island, then at a bearing Inlet waters south of 58°54.2′ N latitude of 345 true to the northernmost point of (an imaginary line running approxi- Flapjack Island, then at a bearing of 81 mately due west from Jaw Point). true to the northernmost point of the

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unnamed island immediately to the 13.1180 of this subpart are described as east of Flapjack Island, then south- depicted on NOAA Chart #17318 GLA- easterly to the northernmost point of CIER BAY (4th Ed., Mar. 6/93) available the next unnamed island, then south- to the public at park offices at Bartlett easterly along the (Beartrack Cove) Cove and Juneau, Alaska. shore of that island to its easternmost point, then due east to shore. Subpart O—Special Regulations— (b) June 1 through July 15, operating Katmai National Park and Pre- a motor vessel or a seaplane on the serve waters of Muir Inlet north of 59°02.7′ N latitude (an imaginary line running ap- GENERAL PROVISIONS proximately due west from the point of land on the east shore approximately 1 § 13.1202 Fishing. nautical mile north of the McBride Fishing is allowed in accordance with Glacier) is prohibited. § 13.40 of this chapter, but only with ar- (c) July 16 through August 31, oper- tificial lures and with the following ad- ating a motor vessel or a seaplane on ditional exceptions: the waters of Wachusett Inlet west of (a) Bait, as defined by State law, may 136°12.0′ W longitude (an imaginary line be used only on the Naknek River dur- running approximately due north from ing times and dates established by the the point of land on the south shore of Alaska Department of Fish and Game, Wachusett Inlet approximately 21⁄4 nau- and only from markers located just tical miles west of Rowlee Point) is above Trefon’s cabin downstream to prohibited. the park boundary. (b) Flyfishing only is allowed on the § 13.1182 Noise restrictions. Brooks River between Brooks Lake and June 1 through August 31, except on the posted signs near Brooks Camp. vessels in transit or as otherwise au- (c) No person may retain more than thorized by the superintendent, the use one fish per day caught on Brooks of generators or other non-propulsive River, on the waters between the post- motors (except a windlass) is prohib- ed signs 200 yards from the outlet of ited from 10 p.m. until 6 a.m. in Reid Brooks Lake, or on the water between Inlet, Blue Mouse Cove and North the posted signs 200 yards from the Sandy Cove. mouth of the Brooks River on Naknek Lake. § 13.1184 Other restrictions on vessels. The superintendent will make rules § 13.1204 Traditional red fish fishery. for the safe and equitable use of Bart- Local residents who are descendants lett Cove waters and for park docks. of Katmai residents who lived in the The superintendent will notify the pub- Naknek Lake and River Drainage will lic of these rules by posting of a sign or be authorized, in accordance with a copy of them at the dock. Failure to State fishing regulations or conditions obey a sign or posted rule is prohibited. established by the Superintendent, to continue their traditional fishery for § 13.1186 What are the emission stand- red fish (spawned-out sockeye salmon ards for vessels? that have no significant commercial (a) The State of Alaska statutes and value). regulations applicable to marine vessel emission standards are adopted as a § 13.1206 Wildlife distance conditions. part of these regulations. (a) Approaching a bear or any large (b) Violating a State of Alaska stat- mammal within 50 yards is prohibited. ute or regulation applicable to marine (b) Continuing to occupy a position vessel visible emission standards is within 50 yards of a bear that is using prohibited. a concentrated food source, including, but not limited to, animal carcasses, § 13.1188 Where to get charts depicting spawning salmon, and other feeding closed waters. areas is prohibited. Closed waters and islands within Gla- (c) Continuing to engage in fishing cier Bay as described in §§ 13.1174– within 50 yards of a bear is prohibited.

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(d) The prohibitions in this section § 13.1224 Visiting hours. do not apply to persons— The Falls and Riffles bear viewing (1) Engaged in a legal hunt; platforms and boardwalks are closed (2) On a designated bear viewing from 10 pm to 7 am from June 15 structure; through August 15. Entering or going (3) In compliance with a written pro- upon these platforms and boardwalks tocol approved by the Superintendent; during these hours is prohibited. or (4) Who are otherwise directed by a § 13.1226 Brooks Falls area. park employee. The area within 50 yards of the ordinary high water marks of the Brooks [71 FR 69333, Nov. 30, 2006, as amended at 73 River from the Riffles Bear Viewing FR 3186, Jan. 17, 2008] Platform to a point 100 yards above Brooks Falls is closed to entry from § 13.1208 Lake Camp. June 15 through August 15, unless au- Leaving a boat, trailer, or vehicle un- thorized by the Superintendent. The attended for more than 72 hours at the Superintendent may designate a route facilities associated with the Lake to transit through the closed area. Camp launching ramp is prohibited without authorization from the Super- § 13.1228 Food storage. intendent. Leaving a boat unattended In the BCDA, all fish must be stored at the Lake Camp dock is prohibited. in designated facilities and in accordance with conditions established by the § 13.1210 Firearms. Superintendent. Storing fish in any The superintendent may designate other manner is prohibited. Employees areas or routes within Katmai National may store fish in employee residences. Park where a firearm may be carried. § 13.1230 Campfires. [73 FR 3186, Jan. 17, 2008] Lighting or maintaining a fire is prohibited except in established recep- BROOKS CAMP DEVELOPED AREA tacles in the BCDA.

§ 13.1220 Brooks Camp Developed § 13.1232 Sanitation. Area definition. Within the BCDA, washing dishes or For purposes of this subpart, the cooking utensils at locations other Brooks Camp Developed Area (BCDA) than the water spigot near the food means all park areas within a 1.5 mile cache in the Brooks Campground or radius from the Brooks Falls Platform other designated areas is prohibited. and is depicted on a map available at the park visitor center. Sections § 13.1234 Pets. 13.1222–13.2240 of this subpart apply Possessing a pet in the BCDA is pro- from May 1 through October 31 unless hibited. stated otherwise. § 13.1236 Bear orientation. § 13.1222 Camping. All persons visiting the BCDA must (a) Camping is prohibited in all areas receive an NPS-approved Bear Orienta- of the BCDA except within the Brooks tion. Failure to receive an NPS-ap- Camp Campground and other des- proved Bear Orientation is prohibited. ignated areas. § 13.1238 Picnicking. (b) Camping in Brooks Camp Camp- Within the BCDA, picnicking in loca- ground for more than a total of 7 tions other than the Brooks Camp Vis- nights during the month of July is pro- itor Center picnic area, Brooks Camp- hibited. ground, Brooks Lake Picnic Area, and (c) Exceeding a group size limit of 6 a site designated in the employee hous- persons per site in the Brooks Camp ing area is prohibited. Food consump- Campground while in operation as a tion or possession while at the Brooks designated fee area is prohibited. River is prohibited.

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§ 13.1240 Unattended property. erwise authorized by the Super- Leaving property, other than motor- intendent. boats and planes, unattended for any § 13.1308 Harding Icefield Trail. length of time within the BCDA is prohibited, except at the Brooks Lodge The Harding Icefield Trail from the Porch, Brooks Campground, or des- junction with the main paved trail ignated equipment caches as posted at near Exit Glacier to the emergency hut the Brooks Camp Visitor Center. near the terminus is closed to— (a) Camping within 1⁄8 mile of the § 13.1242 BCDA closures and restric- trail from March 1 through November tions. 1; and The Superintendent may prohibit or (b) Bicycles or other wheeled devices. otherwise restrict activities in the BCDA to protect public health and § 13.1310 Pets. safety or park resources. Information (a) Pets are prohibited— on BCDA closures and restrictions will (1) In the Exit Glacier Developed be available for inspection at the park Area except in the parking lot, on the visitor center. Violating BCDA closures or restrictions is prohibited. Exit Glacier road, or other areas designated by the superintendent; (2) Along the coast within the area Subpart P—Special Regulations— extending from the mean high tide line Kenai Fjords National Park to one quarter mile inland after May 30 and before November 1. SOURCE: 73 FR 3186, Jan. 17, 2008, unless (b) The restrictions in this section do otherwise noted. not apply to dogs when sufficient snow GENERAL PROVISIONS exists for skiing or dog sled use and the dogs are restrained as part of a sled dog § 13.1302 Subsistence. team or for the purposes of skijoring. Subsistence uses are prohibited in, § 13.1312 Climbing and walking on and the provisions of Subpart F of this Exit Glacier. part shall not apply to, Kenai Fjords National Park. Except for areas designated by the Superintendent, climbing or walking § 13.1304 Ice fall hazard zones. on, in, or under Exit Glacier is prohib- Entering an ice fall hazard zone is ited within 1⁄2 mile of the glacial ter- prohibited. These zones will be des- minus from May 1 through October 31, ignated with signs, fences, rope bar- and during other periods as determined riers, or similar devices. by the Superintendent. Restrictions and exceptions will be available for in- § 13.1306 Public use cabins. spection at the park visitor center, on (a) Camping within 500 feet of the bulletin boards or signs, or by other ap- North Arm or Holgate public use cabin propriate means. is prohibited except by the cabin permit holder on a designated tent site, or § 13.1316 Commercial transport of passengers by motor vehicles. as otherwise authorized by the Super- intendent. Commercial transport of passengers (b) Camping within the 5-acre NPS- by motor vehicles on Exit Glacier Road leased parcel surrounding the Aialik is allowed without a written permit. public use cabin is prohibited except by However, if required to protect public the cabin permit holder on a des- health and safety or park resources, or ignated tent site, or as otherwise au- to provide for the equitable use of park thorized by the Superintendent. facilities, the Superintendent may es- (c) Lighting or maintaining a fire tablish a permit requirement with ap- within 500 feet of the North Arm or propriate terms and conditions for the Holgate public use cabins is prohibited transport of passengers. Failure to except by the cabin permit holder in comply with permit terms and condi- NPS established receptacles, or as oth- tions is prohibited.

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EXIT GLACIER DEVELOPED AREA (EGDA) restrictions will be available at the park visitor information center. Vio- § 13.1318 Location of the EGDA. lating closures or restrictions is pro- (a) A map showing the boundaries of hibited. the EGDA is available at the park visitor center. Subpart Q—Special Regulations— (b) For the purpose of this subpart, Klondike Gold Rush National the EGDA means: Historical Park (1) From the park boundary to Exit Glacier Campground Entrance Road, § 13.1402 Camping. all park areas within 350 meters (383 (a) Camping is permitted only in des- yards) of the centerline of the Exit Gla- ignated areas. cier Road; (b) Camping without a permit is pro- (2) From Exit Glacier Campground hibited. The Superintendent may es- Entrance Road to the end of the main tablish permit terms and conditions. paved trail, all park areas within 500 Failure to comply with permit terms meters (546 yards) of any paved surface; and conditions is prohibited. or (c) Camping at Dyea campground (3) All park areas within 300 meters more than 14 days in a calendar year is (328 yards) of the terminus of Exit Gla- prohibited. cier. § 13.1404 Preservation of natural, cul- § 13.1320 Camping. tural, and archaeological resources. Within the EGDA, camping is prohib- The Superintendent may allow the ited except in designated sites within gathering of mushrooms in accordance the Exit Glacier Campground, or as au- with § 2.1(c) of this chapter. thorized by the Superintendent. § 13.1406 State lands. § 13.1322 Food storage. The National Park Service admin- Cooking, consuming, storing or pre- isters certain state-owned lands and paring food in the Exit Glacier Camp- waters within the boundary of Klon- ground is prohibited except in des- dike Gold Rush National Historical ignated areas. Park under a memorandum of understanding with the State of Alaska. The § 13.1324 Bicycles. prohibition on carrying, possession, Within the EGDA, the use of a bicy- and use of weapons, traps, and nets in cle is prohibited except on the Exit this chapter does not apply to the law- Glacier Road and parking areas. ful taking of wildlife on these State- owned lands and waters. § 13.1326 Snowmachines. The use of snowmachines is prohib- § 13.1408 Dyea. ited within the EGDA, except— The Dyea Historic Townsite is closed (a) On Exit Glacier Road; to the use of horses by members of the (b) In parking areas; public except by special use permit (c) On a designated route through the issued by the Superintendent under Exit Glacier Campground to Exit § 1.6 of this chapter. A map showing the Creek; boundaries of the Dyea Historic Town- (d) Within Exit Creek; and site is available on the park Web site (e) For NPS administrative activi- and at the park visitor center. ties. [80 FR 66419, Oct. 29, 2015] § 13.1328 EGDA closures and restrictions. Subpart R—Special Regulations— The Superintendent may prohibit or Kobuk Valley National Park otherwise restrict activities in the EGDA to protect public health, safety, § 13.1502 Subsistence resident zone. or park resources, or to provide for the The following area is included within equitable and orderly use of park fa- the resident zone for Kobuk Valley Na- cilities. Information on closures and tional Park: The NANA Region.

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§ 13.1504 Customary trade. Subpart U—Special Regulations— In addition to the exchange of furs Sitka National Historical Park for cash, ‘‘customary trade’’ in Kobuk § 13.1802 Prohibited activities. Valley National Park shall include the selling of handicraft articles made The following activities are prohib- from plant material taken by local ited in Sitka National Historical rural residents of the park area. Park— (a) Camping. (b) Riding a bicycle, except in the Subpart S—Special Regulations— public parking areas and on routes des- Lake Clark National Park and ignated by the Superintendent. Routes Preserve may only be designated for bicycle use based on a written determination that § 13.1602 Subsistence resident zone. such use is consistent with the pur- The following communities and areas poses for which the park was estab- are included within the resident zone lished. for Lake Clark National Park: Iliamna, (c) The use of roller skates, Lime Village, Newhalen, Nondalton, skateboards, roller skis, in-line skates, Pedro Bay, and Port Alsworth. and other similar devices.

§ 13.1604 Solid waste disposal. Subpart V—Special Regulations— (a) A solid waste disposal site may Wrangell-St. Elias National accept non-National Park Service solid Park and Preserve waste generated within the boundaries § 13.1902 Subsistence. of the park area. (b) A solid waste disposal site may be (a) Subsistence resident zone commu- located within one mile of facilities as nities. The following communities and defined by this part so long as it does areas are included within the resident zone for Wrangell-St. Elias National not degrade natural or cultural re- Park: Chisana, Chistochina, Chitina, sources of the park area. Copper Center, Dot Lake, Gakona, (c) A transfer station located wholly Gakona Junction, Glennallen, on nonfederal lands within Lake Clark Gulkana, Healy Lake, Kenny Lake, National Park and Preserve may be op- Lower Tonsina, McCarthy, Mentasta erated without the permit required by Lake, Nabesna, Northway/Northway §§ 6.4(b) and 6.9(a) only if: Village/Northway Junction, Slana, (1) The solid waste is generated with- Tanacross, Tazlina, Tetlin, Tok, in the boundaries of the park area; Tonsina, and Yakutat. (2) The Regional Director determines (b) Subsistence resident zone bound- that the operation will not degrade any aries. Boundaries for communities and of the natural or cultural resources of areas added to the park resident zone the park area; and will be determined by the Super- (3) The transfer station complies intendent after consultation with the with the provisions of part 6 of this affected area or community. If the Su- chapter. perintendent and community are not (d) For purposes of this section, a able to agree on a boundary within two years, the boundary of the area or com- transfer station means a public use fa- munity added will be the boundary of cility for the deposit and temporary the Census Designated Place, or other storage of solid waste, excluding a fa- area designation, used by the Alaska cility for the storage of a regulated Department of Labor for census pur- hazardous waste. poses for that community or area. Cop- [73 FR 3187, Jan. 17, 2008] ies of the boundary map will be available in the park headquarters office. (c) Subsistence aircraft exemption. In Subpart T—Special Regulations— extraordinary cases where no reason- Noatak National Preserve [Re- able alternative exists local rural resi- served] dents who permanently reside in the

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following exempted community(ies) § 13.1906 Headquarters/Visitor Center may use aircraft for access to lands Developed Area (HVCDA). and waters within the park for subsist- For purposes of this subpart, the ence purposes in accordance with a per- HVCDA consists of all park areas with- mit issued by the Superintendent: Yak- in a 1⁄2 mile radius of the Wrangell-St. utat (for access to the Malaspina Elias National Park and Preserve Forelands Area only). Headquarters building, other than the (d) Use of bait for taking bears. (1) The Valdez Trail. The following activities superintendent may issue individual, are prohibited within the HVCDA: annual permits allowing the use of (a) Lighting or maintaining a fire; human-produced food items as bait for (b) Camping; taking bears upon a finding that: (c) Entering the area after visiting hours (visiting hours will be posted at (i) Such use is compatible with the the entrance gate). purposes and values for which the area was established (e.g. does not create a § 13.1908 Slana Developed Area (SDA). user conflict); and For purposes of this subpart, the (ii) The permit applicant does not Slana Developed Area consists of all have reasonable access to natural bait 1 park areas within a ⁄4 mile radius of that may be used under § 13.480(b)(1). the Slana Ranger Station. (2) Permits will identify specific locations within the park area where the § 13.1910 KNHL and developed area bait station may be established and closures and restrictions. will not include areas where the use of The Superintendent may prohibit or such materials could create a user con- otherwise restrict activities in the flict. KNHL, Headquarters/Visitor Center Developed Area, and Slana Developed [71 FR 69333, Nov. 30, 2006, as amended at 82 Area to protect public health and safe- FR 3633, Jan. 12, 2017] ty or park resources. Information on closures and restrictions will be avail- § 13.1904 Kennecott Mines National able at the park visitor center. Vio- Historic Landmark (KNHL). lating these closures or restrictions is A map showing the boundaries of the prohibited. Notwithstanding the provi- KNHL is available at the park visitor sions of this subpart, the Super- center. The following activities are intendent may issue a Special Use Per- prohibited within the KNHL— mit to authorize uses in the KNHL and (a) Entering closed structures or either developed area. passing beyond barricades; (b) Entering mine tunnels and other § 13.1912 Solid waste disposal. mine openings; (a) A solid waste disposal site may (c) Camping in or on any historic accept non-National Park Service solid structure; and waste generated within the boundaries (d) Camping within the mill site of of the park area. the KNHL. The mill site consists of the (b) A solid waste disposal site may be collection of buildings clustered located within one mile of facilities as defined by this part so long as it does around the mill building on both sides not degrade natural or cultural re- of National Creek. For purposes of this sources of the park area. subpart, the mill site is the area (c) A transfer station located wholly bounded by Bonanza Creek to the on nonfederal lands within Wrangell- north, the Kennicott Glacier to the St. Elias National Park and Preserve west, the 2,200 foot contour line to the may be operated without the permit re- east, and Sweet Creek to the south. quired by §§ 6.4(b) and 6.9(a) only if: The mill site is depicted on a map (1) The solid waste is generated with- available at the park visitor center; in the boundaries of the park area; and (2) The Regional Director determines (e) Lighting or maintaining a fire that the operation will not degrade any within the mill site as defined in para- of the natural or cultural resources of graph (d) of this section. the park area; and

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(3) The transfer station complies ating an off-road vehicle for rec- with the provisions of part 6 of this reational use. Permits may be obtained chapter. at the Slana Ranger Station in Slana (d) For purposes of this section, a or the Main Park Visitor Center in transfer station means a public use fa- Copper Center. cility for the deposit and temporary (2) The Superintendent may issue storage of solid waste, excluding a fa- permits for the recreational use of off- cility for the storage of a regulated road vehicles on any of the following hazardous waste. trails in the National Preserve: [73 FR 3187, Jan. 17, 2008] (i) Suslota Trail. (ii) Caribou Creek Trail. § 13.1914 Off-road motor vehicle use in (iii) Trail Creek Trail. the Nabesna District. (iv) Lost Creek Trail. (a) What is the scope of this regulation? (v) Soda Lake Trail. The regulations contained in para- (vi) Reeve Field Trail. graphs (b) through (e) of this section (3) Permits may be issued for the rec- apply to the use of motor vehicles off reational use of off-road vehicles only roads within the boundaries of the on designated trails that are either fro- Nabesna District within Wrangell-St. zen or improved. A map showing trails Elias National Park and Preserve. This designated for recreational off-road ve- section does not affect the use of snow- hicle use, and a current list of frozen mobiles or snowmachines. and improved trails, are available at (b) What terms do I need to know? The Slana Ranger Station, the Main Visitor following definitions apply only to the Center, and on the park’s Web site. regulations in this section: (4) You must obtain a permit for each FEIS Wilderness Area means an area off-road vehicle that you want to use of designated wilderness identified on for recreational purposes on designated the Upper Copper/Jacksina Wilderness off-road vehicle trails. The operator of map available at the Slana Ranger Sta- the off-road vehicle must have the per- tion, the Main Park Visitor Center, the mit in his or her possession when the Tanada and Copper Lake trailheads, off-road vehicle is in use. and on the park Web site. (5) Violating any term or condition of Frozen means frost depth of 6 inches a permit is prohibited. as measured with a soil probe and de- (6) The recreational use of off-road termined by the Superintendent. vehicles without a permit is prohibited. Improved means a trail that is in a (d) May I operate an off-road vehicle design-sustainable or maintainable for subsistence uses in the FEIS Wilder- condition as determined by the Super- ness Area? (1) In the FEIS Wilderness intendent. Area, local rural residents may operate Nabesna District means a designated off-road vehicles for subsistence uses as area in the northern portion of defined by this part on the following Wrangell-St. Elias National Park and trails: Preserve as shown on a map available (i) Black Mountain Trails. at the Slana Ranger Station, the Main (ii) Tanada Lake Trail. Park Visitor Center, and on the park (2) In the FEIS Wilderness Area, off- Web site. road vehicles may be operated off the Recreational use means the use of an designated trails only for the purpose off-road vehicle for any purpose other of game retrieval in the designated than for subsistence uses, which are de- trail corridors. fined in § 13.420, or access to inholdings (3) All other areas of the FEIS Wil- in accordance with 43 CFR 36.10. derness Area are closed to subsistence Trail corridor means an area extend- ORV use and local rural residents may ing 0.5 miles from either side of the not operate an off-road vehicle for sub- centerline on the Black Mountain sistence uses outside of the trails and trails and portions of the Tanada Lake trail corridors identified in paragraphs trail within the FEIS Wilderness Area. (d)(1)–(2) of this section. (c) Must I obtain a permit to operate an (4) Trails and trail corridors in the off-road vehicle for recreational use? (1) FEIS Wilderness Area, and the bound- You must obtain a permit before oper- aries of the FEIS Wilderness Area, are

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shown on the Upper Copper/Jacksina 14.22 Reimbursement of costs. Wilderness map available at the Slana 14.23 Showing as to organizations required Ranger Station, the Main Park Visitor of corporations. Center, the Tanada and Copper Lake 14.24 Showing as to citizenship required. 14.25 Documents which must accompany ap- trailheads, and on the park Web site. plication. (e) Are there limits on the types of off- 14.26 Payment required; exceptions; default; road vehicles that may be operated off revision of charges. roads in the Nabesna District of Wrangell- 14.27 Application and use procedure. St. Elias National Park and Preserve? The 14.28 Incomplete application and reports. following types of vehicles may not be 14.29 Timely construction. used off roads for recreational or sub- 14.30 Nonconstruction, abandonment or sistence uses in the Nabesna District of nonuse. 14.31 Deviation from approved right-of-way. Wrangell-St. Elias National Park and 14.32 Revocation or cancellation. Preserve: 14.33 Order of cancellation. (1) Nodwells or other tracked rigs 14.34 Change in jurisdiction over lands. greater than 5.5 feet in width or 4,000 14.35 Transfer of right-of-way. pounds curb weight. 14.36 Method of filing. (2) Street-legal highway vehicles. 14.37 Reimbursement of costs. (3) Custom 4x4 jeeps, SUVs, or trucks 14.38 Disposal of property on termination of designed for off-road use. right-of-way. (4) Original or modified ‘‘deuce and a Subpart D—Under Title 23, U.S.C. (Interstate half’’ cargo trucks. and Defense Highway System) (5) Dozers, skid-steer loaders, exca- vators, or other construction equip- 14.50 Authority. ment. 14.51 Extent of grant. (6) Motorcycles or dirt bikes. 14.52 Termination of right-of-way no longer (7) Log skidders. needed. (8) Wheeled vehicles (including all 14.53 Application. 14.54 General. terrain vehicles, utility vehicles, and 14.55 Consultation with local bureau offi- Argos) exceeding 1,500 pounds curb cials, program values. weight, not including trailers. 14.56 Concurrence by Federal Highway Ad- ministration. [79 FR 49238, Aug. 20, 2014] 14.57 Approval. 14.58 Terms and conditions of allowance. Subpart W—Special Regulations— 14.59 Additional rights-of-way within high- Yukon Charley Rivers National way rights-of-way. 14.60 General. Preserve [Reserved] 14.61 Terms of grant.

PART 14—RIGHTS-OF-WAY Subpart E—Power Transmission Lines, General Subpart A—Rights-of-Way: General 14.70 Statutory authority. Sec. 14.71 Lands subject to grant. 14.1 Applicability. 14.2 Definitions. Subpart F—Principles and Procedures, Power Transmission Lines Subpart B—Nature of Interest 14.75 Nature of interest. 14.5 Nature of interest granted; settlement 14.76 Terms and conditions. on right-of-way; rights of ingress and 14.77 Procedures. [Reserved] egress. 14.78 Applications. 14.6 In form of easement, license, or permit. 14.7 Right of ingress and egress to a pri- Subpart G—Radio and Television Sites mary right-of-way. 14.8 Unauthorized occupancy. 14.90 Authority. 14.9 Terms and conditions. 14.91 Procedures. 14.10 Areas of National Park System. Subpart H—Telephone and Telegraph Lines Subpart C—Procedures 14.95 Authority. 14.20 Application. 14.96 Procedures. 14.21 Form. APPENDIX A TO PART 14

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AUTHORITY: 54 U.S.C. 100902; 23 U.S.C. 317. otherwise. Unless a specific statute or SOURCE: 45 FR 47092, July 11, 1980, unless regulation provides otherwise, no in- otherwise noted. terest granted shall give the grantee any right whatever to take from the Subpart A—Rights-of-Way: public lands or reservations any mate- General rial, earth, or stone for construction or other purpose, but stone and earth nec- § 14.1 Applicability. essarily removed from the right-of-way The regulations contained in this in the construction of a project may be part shall apply to all Federally owned used elsewhere along the same right-of- or controlled lands administered by the way in the construction of the same National Park Service. project.

§ 14.2 Definitions. § 14.7 Right of ingress and egress to a primary right-of-way. (a) Secretary means the Secretary of the Interior. In order to facilitate the use of a (b) Director means the Director, Na- right-of-way granted or applied for tional Park Service. under the regulations of this part, the (c) Authorized Officer means the Su- authorized officer may grant to the perintendent. holder of or applicant for such right-of- (d) Superintendent means the person way an additional right-of-way for in- in charge of an area of the National gress and egress to the primary right- Park System or his or her duly author- of-way, including the right to con- ized representative. struct, operate, and maintain such fa- (e) Project means the physical struc- cilities as may be necessary for ingress tures in connection with which the and egress. The holder or applicant right-of-way is approved. may obtain such additional right-of- (f) Construction work means any and way only over lands for which the au- all work, whether of a permanent na- thorized officer has authority to grant ture, done in the construction of the a right-of-way of the type represented project. by the primary right-of-way held or re- (g) Park means any federally owned quested by the applicant. He must com- or controlled land within an area of the ply with the same provisions of the National Park System. regulations applicable to his primary (h) Right-of-Way includes license, right-of-way with respect to the form permit, or easement, as the case may of and place of filing his application for be, and, where applicable, includes an additional right-of-way, the filing of ‘‘site’’. maps and other information, and the [45 FR 47092, July 11, 1980, as amended at 60 payment of rental charges for the use FR 55791, Nov. 3, 1995] of the additional right-of-way. He must also present satisfactory evidence that Subpart B—Nature of Interest the additional right-of-way is reasonably necessary for the use, operation, § 14.5 Nature of interest granted; set- or maintenance of the primary right- tlement on right-of-way; rights of of-way. ingress and egress. § 14.8 Unauthorized occupancy. § 14.6 In form of easement, license, or permit. Any occupancy or use of the lands of No interest granted by the regula- the United States without authority tions in this part shall give the holder will subject the person occupying or thereof any estate of any kind in fee in using the land to prosecution and li- the lands. The interest granted shall ability for trespass. consist of an easement, license, or permit in accordance with the terms of § 14.9 Terms and conditions. the applicable statute; no interest shall An applicant, by accepting a right-of- be greater than a permit revocable at way, agrees and consents to comply the discretion of the authorized officer with and be bound by the following unless the applicable statute provides terms and conditions, excepting those

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which the Secretary may waive in a States as provided above to the extent particular case: that it may legally do so. (a) To comply with State and Federal (g) To notify promptly the super- laws applicable to the project for which intendent of the amount of merchant- the right-of-way is approved, and to able timber, if any, which will be cut, the lands which are included in the removed, or destroyed in the construc- right-of-way, and lawful existing regu- tion and maintenance of the project, lations thereunder. and to pay the United States through (b) To clear and keep clear the lands such superintendent in advance of con- within the right-of-way to the extent struction such sum of money as such and in the manner directed by the su- superintendent may determine to be perintendent; and to dispose of all veg- the full stumpage value of the timber etative and other material cut, up- to be so cut, removed, or destroyed. rooted, or otherwise accumulated dur- (h) To comply with such other speci- ing the construction and maintenance fied conditions, within the scope of the of the project in such manner as to de- applicable statute and lawful regula- crease the fire hazard and also in actions thereunder, with respect to the cordance with such instructions as the occupancy and use of the lands as may superintendent may specify. be found by the National Park Service (c) To take such soil and resource to be necessary as a condition to the approval of the right-of-way in order to conservation and protection measures render its use compatible with the pub- including weed control, on the land lic interest. covered by the right-of-way as the su- (i) That upon revocation or termi- perintendent may request. nation of the right-of-way, unless the (d) To do everything reasonably with- requirement is waived in writing, he in his power, both independently and shall, so far as it is reasonably possible on request of any duly authorized rep- to do so, restore the land to its original resentative of the United States, to condition to the entire satisfaction of prevent and suppress fires on or near the superintendent. the lands to be occupied under the (j) That he shall at all times keep the right-of-way, including making avail- authorized officer informed of his ad- able such construction and mainte- dress, and, in case of corporations, of nance forces as may be reasonably ob- the address of its principal place of tainable for the suppression of such business and of the names and address- fires. es of its principal officers. (e) To build and repair such roads, (k) That in the construction, oper- fences, and trails as may be destroyed ation, and maintenance of the project, or injured by construction work and to he shall not discriminate against any build and maintain necessary and suit- employee or applicant for employment able crossings for all roads and trails because of race, creed, color, or na- that intersect the works constructed, tional origin and shall require an iden- maintained, or operated under the tical provision to be included in all right-of-way. subcontracts. (f) To pay the United States the full (l) That the allowance of the right-of- value for all damages to the lands or way shall be subject to the express con- other property of the United States dition that the exercise thereof will caused by him or by his employees, not unduly interfere with the manage- contractors, or employees of the con- ment and administration by the United tractors, and to indemnify the United States of the lands affected thereby, States against any liability for dam- and that he agrees and consents to the ages to life, person or property arising occupancy and use by the United from the occupancy or use of the lands States, its grantees, permittees, or les- under the right-of-way; except that sees of any part of the right-of-way not where a right-of-way is granted here- actually occupied or required by the under to a state or other governmental project, or the full and safe utilization agency whose power to assume liability thereof, for necessary operations inci- by agreement is limited by law, such dent to such management, administra- agency shall indemnify the United tion, or disposal.

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(m) That the right-of-way herein date the applicant alleges he obtained granted shall be subject to the express control of the improvements. covenant that it will be modified, adapted, or discontinued if found by § 14.22 Reimbursement of costs. the Secretary to be necessary, without (a)(1) An applicant for a right-of-way liability or expense to the United or a permit incident to a right-of-way States, so as not to conflict with the shall reimburse the United States for use and occupancy of the land for any administrative and other costs in- authorized works which may be here- curred by the United States in proc- after constructed thereon under the au- essing the application, including the thority of the United States. preparation of reports and statements pursuant to the National Environ- § 14.10 Areas of National Park System. mental Policy Act (42 U.S.C. 4321–4347), (a) The Act of March 3, 1921 (41 Stat. before the right-of-way or permit will 1353; 16 U.S.C. 797), provides that no be issued under the regulations of this right-of-way for dams, conduits, res- part. ervoirs, power houses, transmission (2) The regulations contained in this lines, or other works for storage or car- section do not apply to: (i) State or riage of water, or for the development, local governments or agencies or in- transmission, or utilization of power strumentalities thereof where the within the limits as then constituted of lands will be used for governmental any national park or monument, shall purposes and the lands and resources be approved without the specific au- will continue to serve the general pub- thority of Congress. lic; (ii) road use agreements or recip- (b) Pursuant to any statute, includ- rocal road agreements; or (iii) Federal ing those listed in this subpart, appli- government agencies. cable to lands administered by the Na- (3) An applicant must submit with tional Park Service, rights-of-way over each application a nonreturnable pay- or through such lands will be issued by ment in accordance with the following the Director of the National Park Serv- schedule: ice, or his delegate, under the regula- (i) Each right-of-way or permit inci- tions of this subpart. dent to a right-of-way for crossing Na- tional Park System lands (e.g., for Subpart C—Procedures powerlines, pipelines, roads, and other linear facilities). § 14.20 Application. Length Payments § 14.21 Form. Less than 5 miles ..... $50 per mile or fraction thereof. Application. The application shall be 5 to 20 miles ...... $500. prepared and submitted in accordance 20 miles and over .... $500 for each 20 miles or fraction with the requirements of this section. thereof. It should be in typewritten form or legible handwriting. It must specify that (ii) Each right-of-way or permit inci- it is made pursuant to the regulations dent to a right-of-way, not included in in this part and that the applicant paragraph (a)(3)(i) of this section (e.g., agrees that the right-of-way if ap- for communication sites, reservoir proved, will be subject to the terms and sites, plant sites, and other non-linear conditions of the applicable regula- facilities)—$250 for each 40 acres or tions contained in this part. It should fraction thereof. also cite the act to be invoked and (iii) If a project has the features of state the primary purposes for which paragraphs (a)(3) (i) and (ii) of this sec- the right-of-way is to be used. Applica- tion in combination, the payment shall tions shall be filed with the super- be the total of the amounts required by intendent. If the right-of-way has been paragraphs (a)(3) (i) and (ii) of this sec- utilized without authority prior to the tion. time the application is made, the appli- (4) When an application is received, cation must state the date such utiliza- the authorized officer shall estimate tion commenced and by whom, and the the costs expected to be incurred by

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the United States in processing the ap- written approval of the authorized offi- plication. If, in the judgment of the au- cer. thorized officer, such costs will exceed (9) The authorized officer shall on re- the paragraph (a)(3) of this section, quest give an applicant or a prospec- payment by an amount which is great- tive applicant an estimate, based on er than the cost of maintaining actual the best available cost information, of cost records for the application review the costs which would be incurred by process, the authorized officer shall re- the United States in processing an ap- quire the applicant to make periodic plication. However, reimbursement payments of the estimated reimburs- will not be limited to the estimate of able costs prior to the incurrence of the authorized officer if actual costs such costs by the United States. Such exceed the projected estimate. payments may be refunded or adjusted (10) When two or more applications as provided by paragraph (a)(8) of this for rights-of-way are filed which the section. authorized officer determines to be in (5) Prior to the issuance of any au- competition with each other, each thorization for a right-of-way or per- shall reimburse the United States ac- mit incident to a right-of-way, the ap- cording to paragraphs (a) (3) through plicant will be required to pay addi- (7) of this section except that costs tional amounts to the extent the costs which are not readily identifiable with of the United States have exceeded the one of the applications, such as costs payments required by paragraphs (a) for an environmental impact statement (3) and (4) of this section. on all the proposals, shall be paid by (6) An applicant whose application is each of the applicants in equal shares. denied shall be responsible for adminis- (11) The authorized officer may re- trative and other costs incurred by the quire an applicant to furnish security, United States in processing its applica- in an amount acceptable to the author- tion, and such amounts as have not ized officer, by bond, guaranty, cash, been paid in accordance with para- certificate of deposit, or other means graphs (a) (3) and (4) of this section shall be due within thirty days of re- acceptable to the authorized officer, ceipt of notice from the authorized of- for costs under § 14.22. The authorized ficer of the amount due. officer may at any time, and from time (7) An applicant who withdraws its to time, require such additional secu- application before a decision is reached rity or substitution of security as the on it is responsible for costs incurred authorized officer deems appropriate. by the United States in processing such (12) When an applicant for a right-of- application up to the date upon which way is a partnership, corporation, asso- the authorized officer receives written ciation, or other entity, and is owned notice of the withdrawal, and for costs or controlled, directly or indirectly, by subsequently incurred by the United one or more other entities, one or more States in terminating the application of the owning or controlling entity or review process. Reimbursement of such entities shall furnish security in an costs shall be due within thirty days of amount acceptable to the authorized receipt of notice from the authorized officer, by bond, guaranty, cash, cer- officer of the amount due. tificate of deposit or other means ac- (8) If payment, as required by para- ceptable to the authorized officer, for graphs (a)(4) and (b)(3) of this section costs under § 14.22. The authorized offi- exceeds actual costs to the United cer may at any time, and from time to States, a refund may be made by the time, require such additional security authorized officer from applicable or substitution of security as the au- funds, under authority of 43 U.S.C. 1374, thorized officer deems appropriate. or the authorized officer may adjust (13) When through partnership, joint the next billing to reflect the overpay- venture or other business arrangement, ment previously received. Neither an more than one person, partnership, cor- applicant nor a holder shall set off or poration, association or other entity otherwise deduct any debt due to or apply together for a right-of-way, each any sum claimed to be owed them by such applicant shall be jointly and sev- the United States without the prior erally liable for costs under § 14.22.

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(14) When two or more noncompeting the United States in monitoring holder applications for rights-of-way are re- activity. If such costs exceed the para- ceived for what, in the judgment of the graph (b)(2) payment by an amount authorized officer, is one right-of-way which is greater than the cost of main- system, all the applicants shall be taining actual cost records for the jointly and severally liable for costs monitoring process, the authorized of- under § 14.22 for the entire system; sub- ficer shall require the holder to make ject, however, to the provisions of periodic payments of the estimated re- paragraphs (a) (11) through (13) of this imbursable costs prior to the incur- section. rence of such costs by the United (15) The regulations contained in States. Such payments may be re- § 14.22 are applicable to all applications for rights-of-way or permits incident funded or adjusted as provided by para- for rights-of-way over the public lands graph (a)(8) of this section. pending on June 1, 1975. (4) Following termination of a right- (b)(1) After issuance of a right-of-way of-way or permit incident to a right-of- or permit incident to a right-of-way, way, the former holder will be required the holder thereof shall reimburse the to pay additional amounts to the ex- United States for costs incurred by the tent the actual costs incurred by the United States in monitoring the con- United States have exceeded the pay- struction, operation, maintenance, and ments required by paragraphs (b) (2) termination of authorized facilities on and (3) of this section. the right-of-way or permit area, and for protection and rehabilitation of the § 14.23 Showing as to organizations re- lands involved. quired of corporations. (2) Each holder of a right-of-way or (a) An application by a private cor- permit incident to a right-of-way must poration must be accompanied by a submit within 60 days of the issuance copy of its charter or articles of incor- thereof a nonreturnable payment in ac- poration, duly certified by the proper cordance with the following schedule: State official of the State where the (i) Each right-of-way or permit inci- corporation was organized. dent to a right-of-way, for crossing Na- tional Park System lands (e.g., for (b) A corporation, other than a pri- powerlines, pipelines, roads, and other vate corporation, should file a copy of linear facilities). the law under which it was formed and due proof of organization under the Length Payment same. Less than 5 miles ..... $20 per mile or fraction thereof. (c) When a corporation is operating 5 to 20 miles ...... $200. in a State other than that in which it 20 miles and over .... $200 for each 20 miles or fraction thereof. was incorporated, it must submit a certificate of the Secretary of State or (ii) Each right-of-way or permit inci- other proper official of the State that dent to a right-of-way, not included in it has complied with the laws of that paragraph (b)(2)(i) of this section (e.g., State governing foreign corporations for communication sites, reservoir to the extent required to entitle the sites, plant sites, and other nonlinear company to operate in such State. facilities)—$100 for each 40 acres or (d) A copy of the resolution or bylaws fraction thereof. of the corporation authorizing the fil- (iii) If a project has the feature of ing of the application must also be paragraphs (b)(2) (i) and (ii) of this sec- filed. tion in combination, the payment shall (e) If the corporation shall have pre- be the total of the amounts required by viously filed with the National Park paragraphs (b)(2) (i) and (ii) of this sec- Service the papers required by this section. (3) When a right-of-way or permit in- tion, the requirements shall be held to cident to a right-of-way is issued, the be met if, in making subsequent appli- authorized officer shall estimate the cations, specific reference is made to costs, based on the best available cost such previous filing by date, place, and information, expected to be incurred by case number.

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§ 14.24 Showing as to citizenship re- and transmission lines and 1,000 feet to quired. the inch for rights-of-way for res- (a) Individuals. An individual appli- ervoirs, except where a larger scale is cant applying for a right-of-way under required to represent properly the de- any right-of-way act, except the Act of tails of the proposed developments, in March 3, 1891 (26 Stat. 1101; 43 U.S.C. which case the scales should be 1,000 946 et seq.), and the Act of January 13, feet to the inch and 500 feet to the 1897 (29 Stat. 484; 43 U.S.C. 952–955), as inch, respectively. For electric trans- amended, must state whether he is na- mission lines having a nominal voltage tive born or naturalized, and, if natu- of less than 33 kV. map scales may at ralized, the date of naturalization, the option of the applicant be 5,280 feet to court in which naturalized, and the the inch. number of the certificate, if known. If (2) Courses and distances of the cen- citizenship is claimed by virtue of nat- ter line of the right-of-way or traverse uralization of the father, evidence of line of the reservoir should be given; his naturalization, and that the appli- the courses referred to the true merid- cant resided in the United States ian either by deflection from a line of thereafter while a minor, should be fur- known bearing or by independent ob- nished. Where the husband and the wife servation, and the distances in feet and are native born and a statement to decimals thereof. Station numbers that effect is made, additional informa- with plus distances at deflection points tion as to the marital status is not re- on the traverse line should be shown. quired. In other cases, a married (3) The initial and terminal points of woman or widow must show the date of the survey should be accurately con- her marriage; a widow must show, in nected by course and distance to the addition, the date of the death of her nearest corner of the public-land sur- husband. veys, unless that corner is more than 6 (b) Association of Individuals. An ap- miles distant, in which case the con- plication by an association, including a nection will be made to some promi- partnership, must be accompanied by a nent natural object or permanent certified copy of the articles of associa- monument, which can be readily recog- tion, if any; if there be none, the appli- nized and recovered. The station num- cation must be made over the signa- ber and plus distance to the point of ture of each member of the association. intersection with a line of the public- Each member must furnish evidence of land surveys should be ascertained and citizenship where it would be required noted, together with the course and if he were applying individually. distance along the section line to the nearest existing corner, at a sufficient § 14.25 Documents which must accom- number of points throughout the town- pany application. ship to permit accurate platting of the (a) Maps. Each application, other relative position of the right-of-way to than an appropriation for Federal-aid the public-land survey. highway purposes under Title 23, (4) If the right-of-way is across or United States Code, section 317, must within lands which are not covered by be accompanied by a map prepared on the public-land surveys, the map shall tracing linen, or on tracing paper hav- be made in terms of the boundary suring a 100 percent rag content, and three vey of the land to the extent it would or, in the case of electric transmission be required above to be made in terms lines, five print copies thereof, showing of the public-land surveys. the survey of the right-of-way, prop- (5) All subdivisions of the public-land erly located with respect to the public surveys within the limits of the survey land surveys so that said right-of-way should be shown in their entirety, may be accurately located on the based upon the official subsisting plats, ground by any competent engineer or with the subdivisions, section, town- land surveyor. The map should comply ship, and range clearly marked. with the following requirements: (6) The width of the canal, ditch, or (1) The scale should be 2,000 feet to lateral at high-water line should be the inch for rights-of-way for such given and the width of all other rights- structures as canals, ditches, pipelines of-way shall be given. If the width is

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not uniform, the location and amount cer: (1) When periodic payments are re- of the change in width must be defi- quired, the applicant will be required nitely shown. In the case of a pipeline, to make the first payment before the the diameter of the line should be permit, right-of-way, or easement will given. The total distance of the right- be issued; (2) upon the voluntary relin- of-way on the Federal lands shall be quishment of such an instrument be- stated. fore the expiration of its term, any (7) Each copy of the map should bear payment made for any unexpired por- upon its face a statement of the engi- tion of the term will be returned to the neer who made the survey and the cer- payer upon a proper application for re- tificate of the applicant. The state- payment to the extent that the amount ment and certificate referred to are paid covers a full permit, right-of-way, embodied in Forms 1 and 2 (Appendix or easement year or years after the for- A) which are made a part hereof and mal relinquishment: Provided, That the which should be modified so as to be total rental received and retained by appropriate to the act invoked and the the Government for that permit, right- nature of the project. of-way, or easement, shall not be less (8) Whenever it is found that a public than $25. The amount to be so returned land survey monument or reservation will be the difference between the total boundary monument will be destroyed payments made and the value of the or rendered inaccessible by reason of expired portion of the term calculated the proposed development, at least two on the same basis as the original pay- permanent marked witness monuments ments. should be established at suitable (b) Except as provided in paragraph points, preferably on the surveyed (c) of this section, the charge for use lines. A brief description of the witness and occupancy of lands under the regu- monuments and the connecting courses lations of this part shall not be less and distances to the original corners than $25 per five-year period for any should be shown. permit, right-of-way, or easement (b) Evidence of water right. If the issued. project involves the storage, diversion, (c) No charge will be made for the use or conveyance of water, the applicant and occupancy of lands under the regu- must file a statement of the proper lations of this part: State official, or other evidence, show- (1) Where the use and occupancy are ing that he has a right to the use of the exclusively for irrigation projects, mu- water. Where the State official re- nicipally operated projects, or non- quires an applicant to obtain a right- profit or Rural Electrification Admin- of-way as a prerequisite to the issuance istration projects, or where the use is of evidence of a water right, if all else by a Federal governmental agency. be regular, a right-of-way may be (2) Where the permit, right-of-way, or granted conditioned only upon the ap- easement is granted under the regula- plicant’s filing the required evidence of tions in Subpart D. water right from the State official (d) If a charge required by this sec- within specified reasonable time. The tion is not paid when due, and such de- conditional right-of-way will terminate fault shall continue for 30 days after at the expiration of the time allowed. notice, action may be taken to cancel the permit, right-of-way, or easement. § 14.26 Payment required; exceptions; After default has occurred, structures, default; revision of charges. buildings, or other equipment may be (a) Except as provided in paragraphs removed from the servient lands except (b) and (c) of this section, the charge upon written permission first obtained for use and occupancy of lands under from the authorized officer. the regulations of this part will be the (e) At any time not less than five fair market value of the permit, right- years after either the grant of the per- of-way, or easement, as determined by mit, right-of-way, or easement or the appraisal by the authorized officer. last revision of charges thereunder, the Periodic payments or a lump-sum pay- authorized officer, after reasonable no- ment, both payable in advance, will be tice and opportunity for hearing, may required at the discretion of such offi- review such charges and impose such

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new charges as may be reasonable and § 14.31 Deviation from approved right- proper commencing with the ensuing of-way. charge year. No deviation from the location of an (f) The provisions of this section approved right-of-way shall be under- shall not have the effect of changing, taken without the prior written ap- modifying, or amending the rental proval of the authorized officer. The rates or charges imposed for existing authorized officer may require the fil- water power projects under rights-of- ing of an amended application in ac- way previously approved by this De- cordance with § 14.20 wherein the au- partment. thorized officer’s judgment the deviation is substantial. § 14.27 Application and use procedure. § 14.32 Revocation or cancellation. § 14.28 Incomplete application and reports. § 14.33 Order of cancellation. Where an application is incomplete All rights-of-way approved pursuant to this part, shall be subject to can- or not in conformity with the law or cellation for the violation of any of the regulations the authorized officer may, provisions of this part applicable therein his discretion, (1) notify the appli- to or for the violation of the terms or cant of the deficiencies and provide the conditions of the right-of-way. No applicant with an opportunity to cor- right-of-way shall be deemed to be can- rect the deficiencies; or (2) the author- celled except on the issuance of a spe- ized officer may reject the application. cific order of cancellation.

§ 14.29 Timely construction. § 14.34 Change in jurisdiction over (a) Unless otherwise provided by law, lands. a period of up to five years from the A change in jurisdiction over the date a right-of-way is granted is al- lands from one Federal agency to an- lowed for completion of construction. other will not cancel a right-of-way in- Within 90 days after completion of con- volving such lands. It will however, struction or after all restoration stipu- change the administrative jurisdiction lations have been complied with, over the right-of-way. whichever is later, proof of construc- § 14.35 Transfer of right-of-way. tion, on forms approved by the Direc- tor, shall be submitted to the author- § 14.36 Method of filing. ized officer. Any proposed transfer in whole or in (b) The time for filing proof of con- part of any right, title or interest in a struction may be extended by the au- right-of-way, or permit incident to a thorized officer, unless prohibited by right-of-way acquired under any law, law, upon a satisfactory showing of the except the Act of March 3, 1891 (26 Stat. need therefor and the filing of a 1101; 43 U.S.C. 946–949), must be filed in progress report, demonstrating that accordance with § 14.20 for approval, due diligence toward completion of the must be accompanied by the same project is being exercised, for reason- showing of qualifications of the trans- able lengths of time not to exceed a feree as is required of the applicant, total of ten years from the date of and must be supported by a stipulation issuance of the right-of-way. that the assignee agrees to comply with and to be bound by the terms and § 14.30 Nonconstruction, abandonment conditions of the right-of-way. No or nonuse. transfer will be recognized unless and Unless otherwise provided by law, until it is first approved in writing by the authorized officer. rights-of-way are subject to cancellation by the authorized officer for fail- § 14.37 Reimbursement of costs. ure to construct within the period al- All filings for transfer approval made lowed and for abandonment or nonuse. pursuant to this section, except as to rights-of-way or permits incident to

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rights-of-way excepted by § 14.22(a)(4), highway adjacent to such lands or in- must be accompanied by a nonrefund- terests in lands, the Secretary of able payment of $25. Transportation shall file with the Sec- retary of the Department supervising § 14.38 Disposal of property on termi- the administration of such lands or in- nation of right-of-way. terests in lands a map showing the por- Upon the termination of a right-of- tion of such lands or interests in lands way by expiration or by prior cancella- which it is desired to appropriate. tion, in the absence of any agreement (2) If within a period of 4 months to the contrary, if all monies due the after such filing the Secretary of such Government thereunder have been department shall not have certified to paid, the holder of the right-of-way will the Secretary of Transportation that be allowed six months or such addi- the proposed appropriation of such land tional time as may be granted in which or material is contrary to the public to remove from the right-of-way all interest or inconsistent with the pur- property or improvements of any kind, poses for which such lands or materials other than a road and usable improve- have been reserved or shall have agreed ments to a road, placed thereon by to the appropriation and transfer under him; but if not removed within the conditions which he deems necessary time allowed, all such property and im- for the adequate protection and utiliza- provements shall become the property tion of the reserve, then such lands and of the United States. materials may be appropriated and transferred to the State highway de- Subpart D—Under Title 23, U.S.C. partment or its nominee, for such pur- (Interstate and Defense High- poses and subject to the conditions so way System) specified.

§ 14.50 Authority. § 14.51 Extent of grant. (a) Title 23, United States Code, sec- By decision of the Secretary, Nevada tion 107, paragraph (d), provides that Department of Highways, A.24151, Sep- whenever rights-of-way, including con- tember 1945, it was held that the law trol of access, on the National System imports discretion and indicates no in- of Interstate and Defense Highways are tent to vest in the State a right at the required over lands or interests in end of the four months’ period without lands owned by the United States, Sec- retary of Transportation may make further action by the Department hav- such arrangements with the agency ing jurisdiction. It was held further having jurisdiction over such lands as that the interest transferred under the may be necessary to give the State or statute is merely a right-of-way or other person constructing the projects right to take materials and that the on such lands adequate rights-of-way Government may reserve the right to and control of access thereto from ad- dispose of leasable minerals. joining lands. It directs any such agency to cooperate with the Secretary of § 14.52 Termination of right-of-way no longer needed. Transportation in this connection. (b) Title 23, United States Code, sec- If at any time the need for any such tion 317, provides that: lands or materials for such purposes (1) If the Secretary of Transportation shall no longer exist, notice of the fact determines that any part of the lands shall be given by the State highway de- or interests in lands owned by the partment to the Secretary of Transpor- United States is reasonably necessary tation and such lands or materials for the right-of-way of any highway shall immediately revert to the control constructed on the Federal-aid primary of the Secretary of the Department system, the Federal-aid secondary sys- from which they had been appro- tem and the National System of Inter- priated. Notice by the State highway state and Defense Highways, or under departments, that the need for the land Title 23, United States Code, Chapter 2, or material no longer exists may be or as a source of materials for the con- given directly to the Bureau which struction or maintenance of any such granted the rights.

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§ 14.53 Application. the Federal Highway Administration either (a) that the approval of the ap- § 14.54 General. plication would be contrary to the pub- Applications for rights-of-way and lic interest or inconsistent with the material sites under title 23, U.S.C., for purposes for which the lands or mate- lands under the jurisdiction of the Na- rials have been reserved or (b) that he tional Park Service, together with four proposes to grant the right-of-way copies of a durable and legible map under the regulations of this part, sub- shall be filed by the appropriate State ject to said regulations and to such highway department with the Director, conditions which he indicates in his no- National Park Service, Department of tice. Interior, Washington, D.C. 20240. Maps should accurately describe the land or § 14.58 Terms and conditions of allow- interest in land desired, showing the ance. survey of the right-of-way, properly lo- Grants of rights-of-way under Title cated with respect to the public land 23, U.S.C., by the authorized officer of surveys so that said right-of-way may the National Park Service will be made be accurately located on the ground by to the appropriate State highway de- any competent engineer or land sur- partment or to its nominee and based veyor. The map should comply with the upon considerations of adequate pro- requirements of § 14.25(a). tection and utilization of Federal lands and interests in lands will be subject to § 14.55 Consultation with local bureau (a) all the pertinent regulations of this officials, program values. part except those which the authorized An applicant will be expected, at the officer, upon formal request of the ap- earliest possible date prior to the filing plicant may modify or dispense with, of an application, to consult with the in whole or in part, upon a finding that local officials of the National Park it is in the public interest and in con- Service to ascertain whether or not the formity with the purposes of Title 23, use or appropriation of the lands for U.S.C., and (b) any conditions which he right-of-way purposes is consistent deems necessary. Grants of highway with the Service’s management pro- right-of-way under this subpart may gram and to agree to such measures as include an appropriation and release to may be necessary to maintain program the State or its nominee of all rights of values. Failure to do so may lead to an the United States, as owner of under- unresolvable conflict of interest and lying and abutting lands, to cross over necessitate disallowance of the applica- or gain access to the highway from its tion. lands crossed by or abutting the right- of-way, subject to such terms and con- § 14.56 Concurrence by Federal High- ditions and for such duration as the au- way Administration. thorized officer of the National Park The appropriate State highway de- Service deems appropriate. partment will forward a copy of each application and map filed with the Na- § 14.59 Additional rights-of-way within tional Park Service to the authorized highway rights-of-way. officer of the Federal Highway Admin- A right-of-way granted under this istration for a determination whether subpart confers upon the grantee the the lands and interests in lands are right to use the lands within the right- necessary for the purposes of Title 23, of-way for highway purposes only. Sep- United States Code. arate application must be made under pertinent statutes and regulations in § 14.57 Approval. order to obtain authorization to use After receipt of such determination the lands within such rights-of-way for that the lands or interests in lands other purposes. Additional rights-of- under application are reasonably nec- way will be subject to the highway essary for the purposes of Title 23, rights-of-way. Future relocation or U.S.C., the authorized officer of the Na- change of the additional right-of-way tional Park Service will notify the ap- made necessary by the highway use plicant and the authorized officer of will be accomplished at the expense of

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the additional right-of-way grantee. electrical plants, poles, and lines for Prior to the granting of an additional the generation and distribution of elec- right-of-way the applicant therefor will trical power, and for telephone and submit to the authorized officer a writ- telegraph purposes, and for pipe lines, ten statement from the highway right- canals, ditches, water plants, and other of-way grantee indicating any objec- purposes to the extent of the ground tions it may have thereto, and such occupied by such canals, ditches, water stipulations as it considers desirable plants, or other works permitted therefor the additional right-of-way. under and not to exceed 50 feet on each side of the marginal limits thereof, or § 14.60 General. not to exceed 50 feet on each side of the No application under the regulations center line of such pipe lines, telephone of this part is required for a right-of- and telegraph lines, and transmission way within the limits of a highway lines, by any citizen, association, or right-of-way granted pursuant to Title corporation of the United States, 23, United States Code, for facilities where it is intended by such to exercise usual to a highway, except (a) where the use permitted under the Act. terms of the grant or a provision of law (b) The Act of March 4, 1911 (36 Stat. specifically requires the filing of an ap- 1253; 43 U.S.C. 961), as amended, author- plication for a right-of-way, (b) where izes the head of the department having the right-of-way is for electric trans- jurisdiction over the lands, under gen- mission facilities which are designed eral regulations fixed by him, to grant for operation at a nominal voltage of 33 an easement for rights-of-way for a pe- KV or above or for conversion to such riod not exceeding 50 years, over and operation, or (c) where the right-of-way across public lands and reservations of is for oil or gas pipelines which are the United States, for poles and lines part of a pipeline crossing other public for the transmission and distribution lands, or if not part of such a pipeline, of electrical power, and for poles and which are more than two miles long. lines for communication purposes and When an application is not required for radio, television and other forms of under the provisions of this subpara- communication transmitting, relay graph, qualified persons may appro- and receiving structures and facilities priate rights-of-way for such usual to the extent of 200 feet on each side of highway facilities with the consent of the center line of such lines and poles the holder of the highway right-of-way, and not to exceed four hundred feet by which holder will be responsible for four hundred feet for superstructures compliance with § 14.9, in connection and facilities to any citizen, associa- with the construction and maintenance tion, or corporation of the United of such facilities. States, where it is intended by such to exercise the use permitted under the § 14.61 Terms of grant. Act. Except as modified by § 14.60 of this subpart, rights-of-way within the lim- § 14.71 Lands subject to grant. its of a highway right-of-way granted Permission may be given under the pursuant to Title 23 U.S.C., and appli- Act of February 15, 1901, and the Act of cations for such rights-of-way, are sub- March 4, 1911, for a right-of-way over ject to all the regulations of this part unsurveyed lands as well as surveyed pertaining to such rights-of-way. lands.

Subpart E—Power Transmission Subpart F—Principles and Proce- Lines, General dures, Power Transmission Lines § 14.70 Statutory authority. (a) The Act of February 15, 1901 (31 § 14.75 Nature of interest. Stat. 790; 43 U.S.C. 959), authorizes the Secretary under such regulations as he § 14.76 Terms and conditions. may fix, to permit the use of rights-of- (a) By accepting a right-of-way for a way through public lands and certain power transmission line, the applicant reservations of the United States, for thereby agrees and consents to comply

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with and be bound by the following changes to eliminate conflicts with the terms and conditions, excepting those power-marketing program of the which the Secretary may waive in a United States, and it is determined particular case, in addition to those that a right-of-way should be granted, specified in § 14.9. such changes will be required upon eq- (1) To protect in a workmanlike man- uitable contract arrangements cov- ner, at crossings and at places in prox- ering costs and other appropriate fac- imity to his transmission lines on the tors. right-of-way authorized, in accordance (4) The applicant shall make provi- with the rules prescribed in the Na- sion, or bear the reasonable cost (as tional Electric Safety Code, all Gov- may be determined by the Secretary) ernment and other telephone, tele- of making provision for avoiding induc- graph, and power transmission lines tive or conductive interference be- from contact and all highways and rail- tween any transmission facility or roads from obstruction, and to main- other works constructed, operated, or tain his transmission lines in such maintained by it on the right-of-way manner as not to menace life or prop- authorized under the grant and any erty. radio installation, telephone line, or (2) Neither the privilege nor the right other communication facilities exist- to occupy or use the lands for the pur- ing when the right-of-way is authorized pose authorized shall relieve him of or any such installation, line or facil- any legal liability for causing induc- ity thereafter constructed or operated tive or conductive interference be- by the United States or any agency tween any project transmission line or thereof. This provision shall not relieve other project works constructed, oper- the applicant from any responsibility ated, or maintained by him on the ser- or requirement which may be imposed vient lands, and any radio installation, by other lawful authority for avoiding telephone line, or other communica- or eliminating inductive or conductive tion facilities now or hereafter con- interference. structed and operated by the United (5) An applicant for a right-of-way for States or any agency thereof. a transmission facility having a volt- (3) Each application for authority to survey, locate, commence construction age of 66 kilovolts or more must, in ad- work and maintain a facility for the dition to the requirements of Subpart generation of electric power and energy C, execute and file with its application or for the transmission or distribution a stipulation agreeing to accept the of electric power and energy of 33 kilo- right-of-way grant subject to the fol- volts or higher under this subpart shall lowing conditions: be referred by the authorized officer to (i) In the event the United States, the Secretary of the Interior to deter- pursuant to law, acquires the appli- mine the relationship of the proposed cant’s transmission or other facilities facility to the power marketing pro- constructed on or across such right-of- gram of the United States. Where the way, the price to be paid by the United proposed facility will not conflict with States shall not include or be affected the program of the United States the by any value of the right-of-way grant- authorized officer, upon notification to ed to the applicant under authority of that effect, will proceed to act upon the regulations of this part. the application. In the case of nec- (ii) The Department of the Interior essary changes respecting the proposed shall be allowed to utilize for the location, construction, or utilization of transmission of electric power and en- the facility in order to eliminate con- ergy and surplus capacity of the trans- flicts with the power-marketing pro- mission facility in excess of the capac- gram of the United States, the authority needed by the holder of the grant ized officer shall obtain from the appli- (subsequently referred to in this para- cant written consent to or compliance graph as ‘‘holder’’) for the transmission with such requirements before taking of electric power and energy in connec- further action on the application: Pro- tion with the holder’s operations, or to vided however, That if increased costs increase the capacity of the trans- to the applicant will result from mission facility at the Department’s

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expense and to utilize the increased ca- essary or desirable for maintenance, re- pacity for the transmission of electric pair or construction. power and energy utilization by the (F) The transmission of electric Department of surplus or increased ca- power and energy by the Department pacity shall be subject to the following over the holder’s transmission facili- terms and conditions: ties will be effected in such manner, as (A) When the Department desires to will not interfere unreasonably with utilize surplus capacity thought to the holder’s use of the transmission fa- exist in the transmission facility, noti- cilities in accordance with the holder’s fication will be given to the holder and normal operating standards, except the holder shall furnish to the Depart- that the Department shall have the ex- ment within 30 days a certificate stat- clusive right to utilize any increased ing whether the transmission facility capacity of the transmission facility has any surplus capacity not needed by which has been provided at the Depart- the holder for the transmission of elec- ment’s expense. tric power and energy in connection (G) The holder will not be obligated with the holder’s operations and, if so, to allow the transmission of electric the amount of such surplus capacity. power and energy by the Department (B) Where the certificate indicates to any person receiving service from that there is no surplus capacity or the holder on the date of the filing of that the surplus capacity is less than the application for a grant, other than that required by the Department the statutory preference customers includ- authorized officer may call upon the ing agencies of the Federal Govern- holder to furnish additional informa- ment. tion upon which its certification is (H) The Department will pay to the based. Upon receipt of such additional holder an equitable share of the total information the authorized officer monthly cost of that part of the holder’s transmission facilities utilized by shall determine, as a matter of fact, if the Department for the transmission of surplus capacity is available and, if so, electric power and energy the payment the amount of such surplus capacity. to be an amount in dollars representing (C) In order to utilize any surplus ca- the same proportion of the total pacity determined to be available, or monthly cost of such part of the trans- any increased capacity provided by the mission facilities as the maximum Department at its own expense, the De- amount in kilowatts of the power partment may interconnect its trans- transmitted on a scheduled basis by mission facilities with the holder’s the Department over the holder’s transmission facility in a manner con- transmission facilities bears to the forming to approved standards of prac- total capacity in kilowatts of that por- tice for the interconnection of trans- tion of the transmission facilities. The mission circuits. total monthly cost will be determined (D) The expense of interconnection in accordance with the system of ac- will be borne by the Department, and counts prescribed by the Federal Power the Department will at all times pro- Commission, exclusive of any invest- vide and maintain adequate protective ment by the Department in the part of equipment to insure the normal and ef- the transmission facilities utilized by ficient operation of the holder’s trans- the Department. mission facilities. (I) If, at any time subsequent to a (E) After any interconnection is com- certification by the holder or deter- pleted, the holder shall operate and mination by the authorized officer that maintain its transmission facilities in surplus capacity is available for utili- good condition, and, except in emer- zation by the Department, the holder gencies, shall maintain in a closed po- needs for the transmission of electric sition all connections under the hold- power and energy in connection with er’s control necessary to the trans- its operations the whole or any part of mission of the Department’s power and the capacity of the transmission facil- energy over the holder’s transmission ity theretofore certified or determined facilities. The parties may by mutual as being surplus to its needs, the holder consent open any switch where nec- may request the authorized officer to

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modify or revoke the previous certifi- of-way, and shall agree to comply with cation or determination by making ap- all the laws and regulations existing at plication to the authorized officer not such expiration date governing the oc- later than 36 months in advance of the cupancy and use of the lands of the holder’s needs. Any modification or United States for the purpose desired, revocation of the certification or deter- the right-of-way may be renewed for a mination shall not affect the right of period of not to exceed 50 years. If such the Department to utilize facilities application is filed, the existing right- provided at its expense or available of-way will be extended subject to then under a contract entered into by rea- existing and future rules and regula- son of the equitable contract arrange- tions, pending consideration of the ap- ments provided for in this section. plication. (J) If the Department and the holder disagree as to the existence or amount § 14.77 Procedures. [Reserved] of surplus capacity in carrying out the terms and conditions of this paragraph, § 14.78 Applications. the disagreement shall be decided by a (a) Applications filed. Application board of three persons composed as follows: The holder and the authorized of- under the Act of February 15, 1901, or ficer shall each appoint a member of the Act of March 4, 1911, for permission the board and the two members shall to use the desired right-of-way through appoint a third member. If the mem- National Park Service areas must be bers appointed by the holder and the filed and approved before any rights authorized officer are unable to agree can be claimed thereunder. on the designation of the third mem- (b) Required showings. (1) A descrip- ber, he shall be designated by the Chief tion of the plant or connecting gener- Judge of the United States Court of ating plants which generate the power Appeals of the circuit in which the to be transmitted over such line, such major share of the facilities involved is description to be in sufficient detail to located. The board shall determine the show, to the satisfaction of the author- issue and its determination, by major- ized officer, the character, capacity, ity vote, shall be binding on the De- and location of such plants. partment and the holder. (2) A description of the transmission (K) As used in this section, the term line of which the line for which a right- ‘‘transmission facility’’ includes (1) all of-way is requested forms a part, giving types of facilities for the transmission in reasonable detail the points between of electric power and energy and facili- which it will extend, its characteristics ties for the interconnection of such fa- and purpose. There must also be in- cilities, and (2) the entire transmission cluded a statement as to the voltage line and associated facilities, from sub- for which the line is designed and at station or interconnection point to which it is to be operated initially, and substation or interconnection point, of a statement as to whether it is to serve which the segment crossing the lands a single customer, or a number of cus- of the United States forms a part. tomers, or is intended to transmit (L) The terms and conditions pre- power solely for the applicant’s use. If scribed in this paragraph may be modified at any time by means of a supple- the line is to serve a single customer or mental agreement negotiated between is for the applicant’s own use, the na- the holder and the Secretary of the In- ture of such use must be given (such as terior or his designee. airway beacon, coal mine, and irriga- (b) Unless otherwise specified in a tion pumps). right-of-way granted under the Act of (3) The application and maps shall March 4, 1911, and unless sooner can- specify the width of the right-of-way celled, the right-of-way shall expire 50 desired. Rights-of-way for power lines years from the date thereof. If, how- will be limited to 50 feet on each side of ever, within the period of 1 year prior the centerline unless sufficient jus- to the expiration date, the grantee tification is furnished for a greater shall file, in accordance with § 14.20, a width and it is otherwise authorized by written application to renew the right- law.

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(4) If the line is to have a nominal riod not exceeding 50 years, over and voltage of 66 kilovolts or more, the ap- across public lands and reservations of plication should include a one-line dia- the United States, for poles and lines gram of the proposed line and the im- for the transmission and distribution mediate interconnecting facilities in- of electrical power, and for poles and cluding power plants and substations, a lines for communication purposes and power flow diagram for proposed line for radio, television and other forms of and connecting major lines showing communication transmitting, relay conditions under normal use, and typ- and receiving structures and facilities ical structure drawings of proposed line to the extent of 200 feet on each side of showing construction dimensions and the center line of such lines and poles list of materials. and not to exceed four hundred feet by (5) Any application under the Act of four hundred feet for superstructures March 4, 1911, for a line right-of-way in and facilities to any citizen, associa- excess of 100 feet in width or for a tion, or corporation of the United structure or facility right-of-way over States, where it is intended by such to 10,000 square feet must state the rea- exercise the use permitted under the sons why the larger right-of-way is re- Act. quired. Rights-of-way will not be issued in excess of such sizes in the absence of § 14.91 Procedures. a satisfactory showing of the need (a) Any application under the Act of therefor. March 4, 1911, for a line right-of-way in (6)(i) A detailed description of the en- excess of 100 feet in width or for a vironmental impact of the project shall structure or facility right-of-way of be included with the application. It over 10,000 square feet must state the shall provide, among other things, in- reasons why the larger right-of-way is formation about the impact of the required. Rights-of-way will not be project on airspace, air and water qual- issued in excess of such sizes in the ab- ity, scenic and esthetic features, his- sence of a satisfactory showing of the torical and archeological features, and need therefor. wildlife, fish, and marine life. (b) When an application is made for a (ii) [Reserved] right-of-way for a site for a water plant (iii) If all other requirements are or for a communication structure or fa- met, the application may be approved cility, the location and extent of if it is determined that the beneficial ground proposed to be occupied by purposes and effects of the project will buildings or other structures necessary not be outweighed by an adverse envi- to be used in connection therewith ronmental impact. If the authorized of- must be clearly designated on the map ficer determines that the application by reference to course and distance cannot be approved as proposed, he from a corner of the public survey. In will, whenever possible, suggest alter- addition to being shown in connection native routes or methods of construc- with the main drawing, the buildings tion, or other modifications which if or other structures must be platted on adopted by the applicant would make the map in a separate drawing on a the application acceptable. scale sufficiently large to show clearly their dimensions and relative posi- [45 FR 47092, July 11, 1980, as amended at 83 tions. When two or more such proposed FR 2070, Jan. 16, 2018] structures are to be located near each other, it will be sufficient to give the Subpart G—Radio and Television reference to a corner of the public sur- Sites vey for one of them provided all the others are connected therewith by § 14.90 Authority. course and distance shown on the map. The Act of March 4, 1911, (36 Stat. The application must also state the 1253; 43 U.S.C. 961), as amended, author- proposed use of each structure, must izes the head of the department having show definitely that each one is nec- jurisdiction over the lands, under gen- essary for a proper use of the right-of- eral regulations fixed by him, to grant way for the purpose contemplated in an easement for rights-of-way for a pe- the Act of March 4, 1911. If the right-of-

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way is within reservation lands which § 14.96 Procedures. are not covered by the public land sur- Any application under the Act of veys, the map shall be made in terms of March 4, 1911, for line right-of-way in the boundary survey of the reservation excess of 100 feet in width or for a to the extent it would be required structure or facility right-of-way of above to be made in terms of the public over 10,000 square feet must state the land survey. reasons why the larger right-of-way is required. Rights-of-way will not be Subpart H—Telephone and issued in excess of such sizes in the ab- Telegraph Lines sence of a satisfactory showing of the need therefor. § 14.95 Authority. APPENDIX A TO PART 14 (a) The Act of February 15, 1901 (31 Stat. 790; 43 U.S.C. 959), authorizes the Where necessary, these forms should be Secretary, under such regulations as he modified so as to be appropriate to the appli- may fix, to permit the use of rights-of- cant (corporation, association, or individual), to the act involved, and to the na- way through public lands and certain ture of the project. reservations of the United States, for electrical plants, poles, and lines for FORM the generation and distribution of elec- References should be made to the appro- trical power, and for telephone and priate section of the regulations to deter- telegraph purposes, and for pipelines, mine when each of the forms is required. canals, ditches, water plants, and other Form No. 2 may be signed by any officer or purposes to the extent of the ground employee of the company who is authorized to sign it. However, if it is executed by a per- occupied by such canals, ditches, water son other than the President, it must be ac- plants, or other works permitted there- companied by a certified copy of the minutes under and not to exceed 50 feet on each of the Board of Directors meeting or other side of the marginal limits thereof, or document authorizing such signature unless not to exceed 50 feet on each side of the such certified copy has already been filed in center line of such pipe lines, telephone the case. and telegraph lines, and transmission Forms 1 and 2 to be placed on maps. See lines, by any citizen, association, or § 14.25(a)(7). corporation of the United States, ENGINEER’S STATEMENT where it is intended by such to exercise the use permitted under the Act. (FORM 1) (b) The Act of March 4, 1911 (36 Stat. lllll(Name of engineer) states he is by 1253; 43 U.S.C. 961), as amended, author- occupation a lllll(Type of engineer) em- izes the head of the department having ployed by the lllll(Company) to make jurisdiction over the lands under gen- the survey of the lllll(Kind of works) as described and shown on this map; that the eral regulations fixed by him, to grant survey of said works made by him (or under an easement for rights-of-way for a pe- his supervision) and under authority, com- riod not exceeding 50 years, over and mencing on the llllll day of across public lands and reservations of lllllll 19ll and ending on the the United States, for poles and lines lllllll day of lllllll, 19ll; for the transmission and distribution and that such survey is accurately rep- of electrical power, and for poles and resented upon this map. llllllllll lines for communication purposes and Engineer for radio, television and other forms of communication transmitting, relay APPLICANT’S CERTIFICATE and receiving structures and facilities (FORM 2) to the extent of 200 feet on each side of the center line of such lines and poles This is to certify that lllll (Engi- and not to exceed 400 feet by 400 feet neer), who subscribed the statement hereon, for superstructures and facilities to is the person employed by the undersigned applicant to prepare this map, which has any citizen, association, or corporation been adopted by the applicant as the approx- of the United States, where it is in- imate final location of the works thereby tended by such to exercise the use per- shown, and that this map is filed as a part of mitted under the Act. the complete application, and in order that

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the applicant may obtain the benefits of Service for park, monument, historic, lllll(Cite statute); and I further certify parkway, recreational, or other pur- that the right-of-way herein described is de- poses. sired for (state purpose) lllllllllllllll (c) The term national park means any (Seal) unit of the National Park System the llllllllllllllllllllllll organic act of which declares it to be a Signature of Applicant ‘‘national park.’’ llllllllllllllllllllllll (d) The term national monument of sci- Title entific significance means a unit of the llllllllllllllllllllllll Company National Park System designated as a Attest: national monument by statute or proclamation for the purpose of preserving PART 17—CONVEYANCE OF FREE- landmarks, structures, or objects of HOLD AND LEASEHOLD INTERESTS scientific interest. (e) The term person includes but is ON LANDS OF THE NATIONAL not necessarily limited to an indi- PARK SYSTEM vidual partnership, corporation, or association. Sec. 17.1 Authority. (f) The term freehold interest means 17.2 Definitions. an estate in real property of permanent 17.3 Lands subject to disposition. or of indefinite duration. 17.4 Notice. (g) The term leasehold interest means 17.5 Bids. an estate in real property for a fixed 17.6 Action at close of bidding. term of years or an estate from month- 17.7 Preference rights. 17.8 Conveyance. to-month or from year-to-year. (h) The term fair market value means AUTHORITY: Sec. 5(a), of the Act of July 15, the appraised value as set forth in an 1968, 82 Stat. 354, 16 U.S.C. 460l–22(a). approved appraisal made for the Sec- SOURCE: 42 FR 46302, Sept. 15, 1977, unless retary for the interest to be sold or otherwise noted. leased. § 17.1 Authority. [42 FR 46302, Sept. 15, 1977, as amended at 62 Section 5(a) of the Act of July 15, FR 30234, June 3, 1997] 1968, 82 Stat. 354, 16 U.S.C. 4601–22(a), § 17.3 Lands subject to disposition. authorizes the Secretary of the Inte- rior, under specified conditions, to con- The Act is applicable to any Feder- vey a leasehold or freehold interest on ally owned real property acquired by federally owned real property acquired the Secretary from non-Federal by the Secretary from non-Federal sources within any unit of the National sources within any unit of the National Park System other than national parks Park System except national parks and and those national monuments of sci- those national monuments of scientific entific significance. No leasehold or significance. This legislation is re- freehold conveyance shall be made ex- ferred to as ‘‘the act’’ in regulations in cept as to lands which the General this part. Management Plan for the particular unit of the National Park System has § 17.2 Definitions. designated as a Special Use Zone for As used in the regulations in this the uses that are permitted by the free- part: hold or leasehold conveyance. No lease- (a) Authorized officer shall mean an hold or freehold conveyance shall be officer or employee of the National made unless the lands have been sur- Park Service designated to conduct the veyed for natural, historical, and cul- sale or lease and delegated authority to tural values and a determination made execute all necessary documents, in- by the Secretary that such leasehold or cluding deeds and leases. freehold conveyance will not be incon- (b) The term unit of the National sistent with any natural, historical, or Park System means any area of land or cultural values found on the land. Any water administered by the Secretary of conveyances affecting properties listed the Interior through the National Park or eligible for listing on the National

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Register of Historic Places must be re- at the place and prior to the hour fixed viewed by the Advisory Council on His- in the notice. No particular form is toric Preservation. Procedures for ob- specified for bids. However, a bid must taining the Council’s comments appear be in writing, clearly identify the bid- at 36 CFR part 800, ‘‘Procedures for the der, be signed by the bidder or his des- Protection of Historic and Cultural Re- ignated agent, state the amount of the sources.’’ bid, and refer to the notice. Bids conditioned in ways not provided for by the [42 FR 46302, Sept. 15, 1977, as amended at 43 FR 3360, Jan. 25, 1978] notice will not be considered. Bids must be accompanied by certified § 17.4 Notice. checks, post office money orders, bank (a) When the Secretary has deter- drafts, or cashier’s checks made pay- mined in accordance with these regula- able to the United States of America tions that a freehold or leasehold inter- for 2 percent of the amount of the fair est will be offered, he will have a no- market value or $2,500, whichever is greater, in the case of a freehold inter- tice published in the FEDERAL REG- est or for the amount of the first year’s ISTER and, subsequently, once weekly for five consecutive weeks in a news- rent in the case of a leasehold interest. paper of general circulation in the vi- This payment will be refunded to un- cinity of the property. Publication of successful bidders. A separate non- the notice shall be completed not less refundable payment of $100 to cover than 30 nor more than 120 days of the costs of publication and of processing date for bid opening. The notice shall of bids will also be included with the contain, at a minimum: (1) A legal de- bid. The bid and payments must be en- scription of the land by public lands closed in a sealed envelope upon which subdivisions, metes-and-bounds, or the prospective bidder shall write: (a) other suitable method, (2) a statement Bid on interest in land of the National of the interest to be conveyed, includ- Park System, and (b) the scheduled ing restrictions to be placed on the use date the bids are to be opened. In the of the property, (3) a statement of the event two or more valid bids are re- fair market value of the interest as de- ceived in the same amount, the deter- termined by the Secretary below which mination of which is the highest will the interest will not be conveyed, to- be by drawing. Bids will be opened at gether with information as to where the time and place specified in the no- the Government’s appraisal may be in- tice. Bidders, their agents or represent- spected, (4) information as to any pref- atives, and any other persons may at- erence rights of former owners to ac- tend the bid opening. No bid in an quire the interest upon matching the amount less than the fair market highest bid, (5) an outline of bid proce- value, as herein defined, shall be con- dure and a designation of the time and sidered. place for submitting bids, and (6) an [42 FR 46302, Sept. 15, 1977, as amended at 61 outline of conveyance procedures, re- FR 28508, June 5, 1996] quirements, and time schedule. (b) If the property has been in Fed- § 17.6 Action at close of bidding. eral ownership for less than two years, The person who is declared by the au- the last owner or owners of record shall thorized officer to be the high bidder be sent a notice by certified mail to shall be bound by his bid and the regu- their present or last known address lations in this part to complete the providing the information in the pub- purchase in accordance therewith un- lished notice and advising them of less his bid is rejected or he is released their right under section 5(a) of the act therefrom by the authorized officer. to acquire the interest upon payment The declared high bid on property for or agreement to pay an amount equal which a preference right exists will be to the highest bid price. conditionally accepted subject to the exercise of the preference as described § 17.5 Bids. below. In the case of a freehold inter- Bids may be made by the principal or est, the high bidder must submit the his agent, either personally or by mail. balance of the bid within 45 days of the Bids will be considered only if received bid award in the form of a certified

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check, post office money order, bank but not less than fair market value. All draft, or cashier’s check, made payable conveyance of leasehold or freehold in- to the United States of America. Fail- terests shall contain such terms and ure to submit the full balance within 45 conditions as the Secretary deems nec- days will result in the forfeiture of essary to assure use of the property in $1,000 of bid deposit, unless the bidder a manner consistent with the purpose has been released from the bid or an ex- for which the area was authorized by tension has been granted by the au- Congress. The conveyancing or leasing thorized officer, and the property will document shall contain such provisions be awarded to the next highest bidder and restrictions as may be determined upon fulfillment of the requirements of by the Secretary to be necessary to this section. protect the natural, historic, cultural or other values present on the lands. [42 FR 46302, Sept. 15, 1977, as amended at 61 FR 28508, June 5, 1996] All conveyances shall be without war- ranty. § 17.7 Preference rights. On any property which has been in PART 18—LEASING OF PROPERTIES Federal ownership less than two years, IN PARK AREAS the Secretary, in addition to the notice specified in § 17.4, shall inform the last Sec. owner or owners of record by certified 18.1 What is the authority and purpose for mail at their present or last known ad- this part? 18.2 What definitions do you need to know dress of the highest bid on the interest to understand this part? and advise them of their right to ac- 18.3 What property may be leased? quire the interest for an amount equal 18.4 What determinations must the Director to the highest bid if within 30 days make before leasing property? they notify the Secretary of their de- 18.5 May property be leased without receiv- sire to do so and make payment or ing fair market value rent? agree to make payment of an amount 18.6 Are there limitations on the use of equal to that specified in § 17.5. property leased under this part? 18.7 How are lease proposals solicited and If within 30 days of mailing of such no- selected if the Director issues a Request tification, the former owner or owners for Bids? do not indicate a desire to acquire the 18.8 How are lease proposals solicited and interest and make payment or agree to selected if the Director issues a Request make payment for such interest in an for Proposals? 18.9 When may the Director lease property amount equal to the declared high bid, without issuing a request for bids or a re- or, if they do indicate such a desire but quest for proposals? fail to consummate the transaction 18.10 How long can the term of a lease be? within the time period established for 18.11 What general provisions must a lease the conveyance, then the bid of the de- contain? clared high bidder will be accepted. In 18.12 What specific provisions must a lease the event that a former owner who in- contain? dicates a desire to repurchase pursuant AUTHORITY: 16 U.S.C. 1 et seq., particularly to this procedure fails to consummate 16 U.S.C. 1a–2(k), and, 16 U.S.C. 470h–3. the transaction within the established SOURCE: 66 FR 66759, Dec. 27, 2001, unless time period the declared high bidder otherwise noted. shall be permitted, but not required, to consummate the transaction. If the de- § 18.1 What is the authority and pur- clared high bidder does not choose to pose for this part? consummate the transaction in this 16 U.S.C. 1 et seq., particularly 16 circumstance, the entire transaction U.S.C. 1a–2(k), and, 16 U.S.C. 470h–3 are will be cancelled, and, if appropriate, a the authorities for this part. These au- new bidding procedure instituted. thorities allow the Director (or delegated officials) to lease certain feder- § 17.8 Conveyance. ally owned or administered property Conveyance of a leasehold or freehold located within the boundaries of park interest shall be by lease or deed, as areas. All leases to be entered into by appropriate, at the highest bid price, the Director under these authorities

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are subject to the requirements of this (h) Historic property means building(s) part, except that, proposed leases that and land located within the boundaries were solicited pursuant to this part of a park area if the building(s) and prior to January 28, 2002, may be exe- land are part of a pre-historic or his- cuted in accordance with the terms of toric district or site included on, or eli- the solicitation. gible for inclusion on, the National Register of Historic Places. § 18.2 What definitions do you need to (i) Land means unimproved real prop- know to understand this part? erty. In addition to the definitions con- (j) Lease means a written contract tained in 36 CFR Part 1, the following entered into under the authority of definitions apply to this part: this part through which use and posses- (a) Associated property means land sion of property is granted to a person and/or structures (e.g., parking lots, re- for a specified period of time. taining walls, walkways, infrastructure (k) Non-historic building is a building facilities, farm fields) related to a (or buildings) and its associated prop- building or buildings and their func- erty located within the boundaries of a tional use and occupancy. park area but not part of a pre-historic (b) Building means an enclosed struc- or historic district or site included on, ture located within the boundaries of a or eligible for inclusion on, the Na- park area and constructed with walls tional Register of Historic Places. and a roof to serve a residential, indus- (l) Non-historic land means land lo- trial, commercial, agricultural or cated within the boundaries of a park other human use. area that is not associated property (c) Commercial use authorization and is not part of a pre-historic or his- means a written authorization to pro- toric district or site included on, or eli- vide services to park area visitors gible for inclusion on, the National issued by the Director pursuant to Sec- Register of Historic Places. tion 418 of Public Law 105–391 and im- (m) Non-historic property means build- plementing regulations. ing(s) and/or land that are located (d) Concession contract has the mean- within the boundaries of a park area ing stated in 36 CFR part 51. but are not part of a pre-historic or (e) Fair market value rent means the historic district or site included on, or most probable rent, as of a specific eligible for inclusion on, the National date, in cash or in terms equivalent to Register of Historic Places. cash, for which the property to be (n) Park area means a unit of the na- leased, under the terms and conditions tional park system. of the lease, should rent for its highest (o) Property means both historic and and best permitted use after reasonable non-historic property that is located exposure in a competitive market within the boundaries of a park area under all conditions requisite to a fair and is federally owned or administered. leasing opportunity, with the lessor (p) Request for bids refers to the lease and the lessee each acting prudently, bid process described in § 18.7. knowledgeably, and for self-interest, (q) Request for proposals refers to the and assuming that neither is under lease proposal process described in undue duress. Determinations of fair § 18.8. market value rent under this part are (r) Responsive bid or proposal means a to be made taking into account the timely submitted bid or proposal that considerations stated in § 18.5. meets the material requirements of a (f) Historic building means a building request for bids or a request for pro- or buildings located within the bound- posals. aries of a park area if the building is part of a pre-historic or historic dis- § 18.3 What property may be leased? trict or site included on, or eligible for (a) In general. The Director may lease inclusion on, the National Register of any property (except non-historic land) Historic Places. under this part if the Director makes (g) Historic land means land located the determinations required by § 18.4. within the boundaries of an historic (b) Non-historic land. Non-historic property. land may not be leased under this part.

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Certain non-historic land is eligible for § 18.6 Are there limitations on the use leasing under 36 CFR part 17. of property leased under this part? (a) A lease issued under this part § 18.4 What determinations must the may authorize the use of the leased Director make before leasing prop- property for any lawful purpose, sub- erty? ject to the determinations required by Before leasing property in a park § 18.4 and the limitations on activities area under this part, the Director must set forth in paragraph (b) of this sec- determine that: tion. (a) The lease will not result in deg- (b) Unless otherwise authorized by radation of the purposes and values of law, a lease issued under this part may the park area; not authorize the lessee to engage in (b) The lease will not deprive the activities that are subject to author- park area of property necessary for ap- ization through a concession contract, commercial use authorization or simi- propriate park protection, interpreta- lar instrument. Proposed lease activi- tion, visitor enjoyment, or administra- ties are subject to authorization under tion of the park area; a concession contract if the Director (c) The lease contains such terms and determines in accordance with 36 CFR conditions as will assure the leased part 51 and park area planning docu- property will be used for activity and ments and related guidelines and poli- in a manner that are consistent with cies that the proposed activities meet the purposes established by law for the applicable requirements for issuance of park area in which the property is lo- a concession contract. Proposed activi- cated; ties are subject to authorization under (d) The lease is compatible with the a commercial use authorization if the programs of the National Park Service; Director determines in accordance with (e) The lease is for rent at least equal park area planning documents and re- to the fair market value rent of the lated guidelines and policies that the leased property as described in § 18.5; proposed activities meet applicable re- (f) The proposed activities under the quirements for issuance of a commer- lease are not subject to authorization cial use authorization. through a concession contract, com- § 18.7 How are lease proposals solic- mercial use authorization or similar ited and selected if the Director instrument; and issues a Request for Bids? (g) If the lease is to include historic (a) If the amount of the rent is the property, the lease will adequately in- only criterion for award of a lease, the sure the preservation of the historic Director may solicit bids through property. issuance of a request for bids as described in this section. If historic prop- § 18.5 May property be leased without erty is to be leased under the authority receiving fair market value rent? of this section, the Director must com- Property may be leased under this ply with 36 CFR part 800 (commenting part only if the lease requires payment procedures of the Advisory Council on of rent to the government equal to or Historic Preservation) at an appro- higher than the property’s fair market priate time during the leasing process. value rent. The determination of fair (b) A request for bids under this sec- market value rent shall take into action shall be advertised by public no- count: tice published at least twice in local and/or national newspapers of general (a) Any restrictions on the use of the circulation. The notice shall provide at property or terms of the lease that least a thirty (30) day period from the limit the value and/or the highest and last date of publication for the submis- best use of the property; and sion of sealed bids. The notice will pro- (b) Any requirements under the lease vide necessary information to prospec- for the lessee to restore, rehabilitate or tive bidders. It may specify a minimum otherwise improve the leased property. rent and/or require submission of a rent deposit or advance rent payment.

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Bids will be considered only if timely § 18.8 How are lease proposals solic- received at the place designated in the ited and selected if the Director request. Bids must be in the form spec- issues a Request for Proposals? ified by the Director, or, if no form is (a) When the award of a lease is to be specified, a bid must be in writing, based on selection criteria in addition signed by the bidder or authorized rep- to or other than the amount of the resentative, state the amount of the rent, the Director must, subject to bid, and refer to the applicable public § 18.9, solicit proposals for the lease notice. If the notice requires submis- through issuance of a public Request sion of a rent deposit or advance rent for Proposals (RFP). payment, the bids must include the re- (b) An RFP may be preceded by quired funds in the form of a certified issuance of a public Request for Quali- fications (RFQ). The purpose of an RFQ check, post office money order, bank is to select a ‘‘short list’’ of potential drafts, or cashier’s checks made out to offerors that meet minimum manage- the United States of America. The bid ment, financial and other qualifica- (and payment where applicable) must tions necessary for submission of a probe enclosed in a sealed envelope upon posal in response to an RFP. If the Di- which the bidder shall write: ‘‘Bid on rector issues an RFQ, only persons de- lease of property of the National Park termined as qualified by the Director Service’’ and shall note the date the under the terms of the RFQ shall be el- bids are to be opened. igible to submit a proposal under the (c) Bids will be opened publicly by related RFP. the Director at a time and place speci- (c) The Director must provide public fied in the public notice. Bidders or notice of the leasing opportunity by their representatives may attend the publication at least twice in local and/ bid opening. The bidder submitting a or national newspapers of general cir- responsive bid offering the highest rent culation and/or through publication in will be selected for award of the lease the Commerce Business Daily. The (subject to a determination of financial public notice shall contain general in- capability by the Director). A respon- formation about the leasing oppor- sive bid is a bid that meets the mate- tunity and advise interested persons rial terms and conditions of the re- how to obtain a copy of the RFP (or RFQ where applicable). The RFP (and quest for bids. The Director shall ac- RFQ where applicable) shall contain cept no bid in an amount less than the appropriate information about the fair market rental value as determined property proposed for lease, including by the Director. If two or more bids are limitations on the uses of the property equal, a drawing shall make the lease to be leased, information concerning award by lot limited to the equal re- the leasing process, information and sponsive bids received. materials that must be contained in a (d) When a property is to be leased proposal, the time and place for sub- through a request for bids, the bidder mission of proposals, terms and condi- that is declared by the Director to be tions of the lease, and the criteria the high bidder shall be bound by his under which the Director will evaluate bid and this part to execute the offered proposals. The RFP may state the fair lease, unless the bid is rejected. If the market value rent as the minimum ac- declared high bidder fails to enter into ceptable rent if determined by the Di- the lease for any reason, the Director rector at that time. The RFP (and RFQ may choose to enter into the lease with where applicable) must allow at least the next highest bidder (if that bidder sixty (60) days for submission of pro- offered to pay at least the fair market posals (or qualifications under an RFQ) rent value). The Director may reject unless a shorter period of time is deter- any and all bids in his discretion and mined to be sufficient in the cir- resolicit or cancel a lease solicitation cumstances of a particular solicitation. under this part at any time without li- (d) The Director may determine that a proposal is non-responsive and not ability to any person. consider it further. A non-responsive proposal is a proposal that was not

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timely submitted or fails to meet the opportunity for those proposals to be material terms and conditions of the amended by their offerors as necessary RFP. After the submission of offers and for the Director to select the best prior to the selection of the best over- amended proposal. In such cir- all proposal, the Director may request cumstances, the Director will provide from any offeror additional informa- each offeror that submitted a substan- tion or written clarification of a pro- tially equal proposal appropriate infor- posal, provided that proposals may not mation as to how their proposals may be amended after the submission date be amended in order to enhance the unless all offerors that submitted re- possibility of selection as the best sponsive proposals are given an oppor- amended proposal. If two or more pro- tunity to amend their proposals. The posals remain as substantially equal Director may choose to reject all pro- after amendment, the Director will se- posals received at any time and re- lect for negotiation of the lease from solicit or cancel a solicitation under among these proposals the proposal this part without liability to any per- that the Director determines on an son. overall basis will be most beneficial to (e) (1) The criteria to be used in se- effective management of the park area. lection of the best proposal are: (g) The Director will provide the of- (i) The compatibility of the pro- feror that submitted the best overall posal’s intended use of the leased prop- responsive proposal as determined by erty with respect to preservation, pro- the Director a specified period of time tection, and visitor enjoyment of the to negotiate the final terms of the park; lease (and may enter into a letter of in- (ii) The financial capability of the of- tent to negotiate in this connection). feror to carry out the terms of the The final terms of the lease must be lease; consistent with the requirements of (iii) The experience of the offeror the RFP. If the negotiations do not re- demonstrating the managerial capa- sult in an executed lease within the bility to carry out the terms of the specified time period, the Director, in lease; his discretion, may extend the negotia- (iv) The ability and commitment of tion period, terminate negotiations and the offeror to conduct its activities in negotiate with the offeror that sub- the park area in an environmentally mitted the next best responsive pro- enhancing manner through, among posal, or, cancel the solicitation. other programs and actions, energy (h) RFPs may state that the amount conservation, waste reduction, and re- of rent to be paid will be negotiated cycling; and subsequently with the offeror that sub- (v) Any other criteria the RFP may mitted the best proposal, initially or as specify. amended. The Director may execute a (2) If the property to be leased is an lease only if the Director determines historic property, the compatibility of that it requires the lessee to pay at the proposal with the historic qualities least the fair market value rent of the of the property shall be an additional leased property. selection criterion. If the RFP requires (i) The Director may execute a lease proposals to include the amount of rent that includes historic property only offered, the amount of rent offered also after complying with 36 CFR part 800 shall be an additional selection cri- (commenting procedures of the Advi- terion. sory Council on Historic Preservation). (f) The Director will evaluate all responsive proposals received. The re- § 18.9 When may the Director lease sponsive proposal determined by the property without issuing a request Director to best meet on an overall for bids or a request for proposals? basis the evaluation criteria will be se- The Director, except as provided in lected for negotiation of the lease. If this section, may not lease property two or more responsive proposals are without issuing a request for bids or a determined by the Director to be sub- request for proposals in compliance stantially equal under the evaluation with § 18.7 or § 18.8. The Director under criteria, the Director shall provide an this part may enter into leases with

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non-profit organizations (recognized as (a) A termination for cause or default such by the Internal Revenue Service) provision; or units of government without com- (b) Appropriate provisions requiring plying with §§ 18.7 or 18.8 if the Director the lessee to maintain the leased prop- determines that the non-profit or gov- erty in good condition throughout the ernmental use of the property will con- term of the lease; tribute to the purposes and programs (c) Appropriate provisions stating of the park area. All other require- that subletting of a portion of the ments of this part are applicable to leased property and assignment of a leases entered into or to be entered lease, if permissible under the terms of into under authority of this section. the lease, must be subject to the Direc- The Director may enter into leases tor’s written approval. Such subleases under this part with a term of sixty and assignments shall be approved only (60) days or less without complying of the Director determines, among with §§ 18.7 or 18.8 if the Director deter- other relevant matters, that the pro- mines that to do so is in the best inter- posed sub-lessee or assignee is finan- ests of the administration of the park cially and managerially capable of car- area. If historic land is to be leased rying out the terms of the lease. As- under the authority of this section, the signment of a lease for the purpose of Director must comply with 36 CFR part effectuating an encumbrance to the 800 (commenting procedures of the Ad- lease or the leased property is subject visory Council on Historic Preserva- to approval pursuant to the require- tion) before entering into the lease. ments of paragraph (l) of this section; (d) Appropriate provisions requiring § 18.10 How long can the term of a the lessee to secure and maintain from lease be? responsible companies liability insur- All leases entered into under this ance sufficient to cover losses con- part shall have as short a term as pos- nected with or occasioned by the use sible, taking into account the financial and activities authorized by the lease. obligations of the lessee and other fac- Types and amounts of insurance cov- tors related to determining an appro- erage will be specified in writing and priate lease term. No lease shall have a periodically reviewed by the Director; term of more than 60 years. Leases en- (e) Appropriate provisions, unless the tered under the authority of this part Director determines otherwise in the may not be extended, except that, circumstances of a particular lease, releases with an initial term of one (1) quiring the lessee to obtain from re- year or more may be extended once for sponsible companies casualty insur- a period not to exceed one (1) addi- ance (including flood insurance if ap- tional year if the Director determines plicable) in an amount sufficient to that an extension is necessary because protect the interests of the lessee and of circumstances beyond the Director’s the government. In the event of cas- control. ualty, the lessee shall be required to repair or replace damaged or destroyed § 18.11 What general provisions must a property unless otherwise determined lease contain? by the Director; All leases entered into under this (f) Appropriate provisions requiring part must contain terms and condi- the lessee to save, hold harmless, and tions that are determined necessary by indemnify the United States of Amer- the Director to assure use of the leased ica and its agents and employees for all property in a manner consistent with losses, damages, or judgments and ex- the purposes of the applicable park penses resulting from personal injury, area as established by law, and where death or property damage of any na- applicable, to assure the preservation ture arising out of the lessee’s activi- of historic property. ties under the lease, and/or the activities of the lessee’s employees, sub- § 18.12 What specific provisions must a contractors, sub-lessees, or agents. No lease contain? lease entered into this part may con- All leases entered into under this tain provisions intended to provide in- part must contain: demnification or other assurances to

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the lessee regarding the conduct or ac- (3) Any improvements made by a les- tivities of the Director concerning the see shall be the property of the United lease or the administration of the ap- States; plicable park area. Leases may contain (k) Appropriate provisions that de- appropriate provisions that commit the scribe and limit the type of activities Director to accept responsibility for that may be conducted by the lessee on tortious actions of government offi- the leased property. The types of ac- cials to the extent authorized by the tivities described in a lease may be Federal Torts Claim Act or as other- modified from time to time with the wise expressly authorized by law; approval of the Director through an (g) Appropriate provisions requiring amendment to the lease. The Director the lessee to pay for use of all utilities may approve modified activities only if used by the lessee and to pay all taxes the determinations required by § 18.4 and assessments imposed by federal, remain valid under the proposed modi- state, or local agencies applicable to fied activities and the proposed activi- the leased property or to lessee activities are otherwise determined appro- ties; priate by the Director; (h) Appropriate provisions stating (l) Appropriate provisions, unless the that the lessee has no rights of renewal Director determines not to permit of the lease or to the award of a new lease upon lease termination or expira- pledges or encumbrances in the cir- tion and that the lease is subject to cumstances of a particular lease, au- cancellation by the Director in the ex- thorizing the lessee to pledge or en- ercise of the sovereign authority of the cumber the lease as security, provided United States to the extent provided that any pledge or encumbrance of the by applicable law; lease and the proposed holder of the (i) Appropriate provisions stating pledge or encumbrance must be ap- that the lessee may not construct new proved in writing in advance by the Di- buildings or structures on leased prop- rector and that a pledge or encum- erty, provided that, a lease may con- brance may only grant the holder the tain appropriate provisions that au- right, in the event of a foreclosure, to thorize the lessee to construct, subject assume the responsibilities of the les- to the prior written approval of the Di- see under the lease or to select a new rector, minor additions, buildings and/ lessee subject to the approval of the Di- or structures determined by the Direc- rector. Pledges or encumbrances may tor to be necessary for support of the not grant the holder the right to alter authorized activities of the lessee and or amend in any manner the terms of otherwise to be consistent with the the lease; protection and purposes of the park (m) Appropriate provisions stating area. Approval by the Director of new that fulfillment of any obligations of construction may only be granted if the government under the lease is sub- the Director makes the determinations ject to the availability of appropriated required by § 18.4; funds. No lease issued under authority (j) Appropriate provisions requiring of this part shall entitle the lessee to that: claim benefits under the Uniform Relo- (1) Any improvements to or demoli- cation Assistance Act of 1970 (Public tion of leased property to be made by Law 91–646) and all leases entered into the lessee may be undertaken only under the authority of this part shall with written approval from the Direc- require the lessee to waive any such tor; benefits; and (2) That any improvements to or (n) Appropriate provisions granting demolition of historic property may the Director and the Comptroller Gen- only be approved if the Director deter- eral access to the records of the lessee mines that the improvements or demo- as necessary for lease administration lition complies with the Secretary of purposes and/or as provided by applica- the Interior’s Standards for the Treat- ment of Historic Properties (36 CFR ble law. part 68); and

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PART 20—ISLE ROYALE NATIONAL (e) Permittees shall use the bases PARK; COMMERCIAL FISHING covered by the permit for commercial fishing only. No permittee shall furnish Sec. boat or guide service to the public un- 20.1 Definitions. less expressly authorized to do so by 20.2 Permits; conditions. the Secretary or the Director. 20.3 Maximum number of permittees. (f) Permittees shall maintain at their 20.4 Revocation of permits; appeal. own expense, in accordance with rea- AUTHORITY: Secs. 1–3, 39 Stat. 535, as sonable standards of repair, safety, and amended, sec. 3, 56 Stat. 133, secs. 1, 2, 67 Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 408k. sanitation, all Government-owned structures and facilities embraced in SOURCE: 24 FR 11055, Dec. 30, 1959, unless the permits. otherwise noted. (g) The size, type and location of nets § 20.1 Definitions. and gear and the number of men en- As used in this part: gaged in the operation of the fishing (a) Park means Isle Royale National base of the permittee shall be pre- Park. scribed in the permit. Only nets and (b) Permittee includes all persons en- gear approved by the Michigan Depart- gaged in commercial fishing from bases ment of Conservation shall be used. in the Park, except those life lessees who were engaged in such occupation § 20.3 Maximum number of permittees. at the date of the issuance of their Commercial fishermen to whom the leases. annual revocable permits may be [24 FR 11055, Dec. 30, 1959, as amended at 60 granted shall not exceed the maximum FR 55791, Nov. 3, 1995; 62 FR 30235, June 3, number of persons conducting commer- 1997] cial fishing operations from bases in the area comprising the Park at any § 20.2 Permits; conditions. one time during the period from April Annual, revocable special use per- 1, 1937 to December 31, 1939, inclusive. mits authorizing the use of Govern- ment-owned structures and facilities in § 20.4 Revocation of permits; appeal. the Park as bases for commercial fishing in the waters contiguous to the The Director of the National Park Park may be granted by the Director of Service may, by notification in writ- the National Park Service, or the Re- ing, revoke the permit of any per- gional Director if authorized by the Di- mittee found by him to have violated rector, to bona fide commercial fisher- any Federal statute or the provisions men, where such structures and facili- of these or any other regulations of the ties were used for this purpose during Secretary, relating to the Park. A per- the period from April 1, 1937, to Decem- mittee, however, shall have the right ber 31, 1939, inclusive, subject to the to appeal to the Director, Office of following conditions. Hearings and Appeals, from a decision (a) Permittees will be required to pay of the Director of the National Park an annual fee as set forth in part 6 of Service revoking his permit. Any such this chapter. appeal shall comply with the general (b) Permittees shall personally reside rules set forth in Department Hearings at their Park bases during the fishing and Appeals Procedures, 43 CFR part 4, season. subpart B, and the special procedural (c) Permittees shall secure and pos- rules in subpart G of 43 CFR part 4, ap- sess at all times such commercial fish- plicable to proceedings in appeals cases ing license as may be required by the which do not lie within the appellate State of Michigan. (d) Permittees shall comply with all jurisdiction of an established Appeals Michigan laws, and related regulations Board of the Office of Hearings and Ap- prescribed by the Michigan Depart- peals. ment of Conservation, governing com- [36 FR 7184, Apr. 15, 1971] mercial fishing in the waters contiguous to the Park.

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PART 21—HOT SPRINGS NATIONAL § 21.3 Use of thermal water. PARK; BATHHOUSE REGULATIONS (a) The use of the thermal waters of Hot Springs National Park, for pur- Sec. poses other than those authorized by 21.1 Definitions. the Superintendent, is prohibited. 21.2 Penalties. (b) The heating, reheating, or other- 21.3 Use of thermal water. wise increasing the temperature of the 21.4 Registration of physicians. 21.5 Therapeutic bathing requirements. thermal waters of Hot Springs Na- 21.6 Use of therapeutic pools. tional Park is prohibited. 21.7 Health examinations. (c) The introduction of any sub- 21.8 Employee certification. stance, chemical, or other material or 21.9 Solicitation by employees. solution into the thermal waters of Hot 21.10 Losses. Springs National Park, except as may 21.11 Redemption of bath tickets. be prescribed by a physician for a bath- 21.12 Loss of bath tickets. er or as may be directed by the Super- AUTHORITY: Sec. 3, Act of August 25, 1916, intendent, is prohibited. 39 Stat. 535, as amended (16 U.S.C. 3); sec. 3, Act of March 3, 1891, 26 Stat. 842, as amended § 21.4 Registration of physicians. (16 U.S.C. 363). Physicians desiring to prescribe the SOURCE: 44 FR 2577, Jan. 12, 1979, unless thermal waters of Hot Springs Na- otherwise noted. tional Park must first be registered at § 21.1 Definitions. the office of the Superintendent. Any physician may make application for When used in the regulations in this registration to the Superintendent. To part: maintain registered status, reapplica- (a) The term physician means doctor tion is required triannually. of medicine or osteopathy who is licensed to practice by a State or terri- § 21.5 Therapeutic bathing require- tory of the United States. ments. (b) The term registered physician Baths shall be administered to per- means a physician registered at the of- sons having a prescription from a reg- fice of the Superintendent as authorized to prescribe the waters of Hot istered physician with prescription in- Springs National Park. structions therein. Baths shall be ad- (c) The term employee means any per- ministered to person who do not have son licensed or certified by a State or prescriptions from registered physi- territory of the United States in his or cians only if the bath is administered her specialty, or who is certified by the in accordance with the bath directions Superintendent to perform or render prescribed by the Superintendent, the special services in a bathhouse. violation of which is not subject to the (d) The term bathhouse means any fa- penalty provisions of § 21.2. cility which is operated by an individual, trustee, partnership, corpora- § 21.6 Use of therapeutic pools. tion, or business entity and which re- Persons undergoing medical treat- ceives thermal water from Hot Springs ment may use the therapeutic pools National Park. only upon presenting a prescription de- [44 FR 2577, Jan. 12, 1979, as amended at 62 scribing the treatment from a reg- FR 30235, June 3, 1997] istered physician. Persons with acute or infectious diseases or discharges of § 21.2 Penalties. the body, or who lack complete control Any person convicted of violating of their bodily functions, are prohib- any provision of the regulations con- ited from using the therapeutic pools. tained in this part, or as the same may be amended or supplemented, shall be § 21.7 Health examinations. punished by a fine not exceeding $100 No employee who comes in direct and shall be adjudged to pay all costs personal contact with bathers or pool of the proceedings. users will be permitted to enter duty

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without first undergoing a health ex- § 21.12 Lost bath tickets. amination, or remain in such employ- A patron who loses his ticket may ment without undergoing periodic continue to receive service, without ad- health examinations, as required by ditional charge, for the number of the Superintendent, and being found units remaining in the ticket. Records free from any infectious or commu- of lost tickets, and of service given nicable disease. thereunder, shall be maintained as re- CROSS REFERENCE: For a list of commu- quired by the Superintendent. Lost nicable diseases included in the regulations tickets shall have no redemption value. of the United States Public Health Service, see 21 CFR 1240.54. PART 25—NATIONAL MILITARY § 21.8 Employee certification. PARKS; LICENSED GUIDE SERVICE REGULATIONS (a) Employees engaged as physical therapists must be licensed or certified Sec. by a State or territory of the United 25.1 Scope. States to practice 25.2 License. (b) Employees engaged as physical 25.3 Supervision; suspensions. therapy aids or physical therapy tech- 25.4 Schedule of rates. nicians will be certified by the Super- 25.5 Badges and uniforms. intendent upon completion of an AUTHORITY: Secs. 1–3, 39 Stat. 535, as examination. amended, sec. 1, 47 Stat. 1420, secs. 1, 2, 67 (c) Employees engaged as masseurs Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 9a E.O. or masseuses must be licensed or cer- 6166, June 10, 1933. tified by a State or territory of the SOURCE: 24 FR 11060, Dec. 30, 1959, unless United States, or be certified by the otherwise noted. Superintendent upon the completion of an examination. § 25.1 Scope. (d) Employees engaged as bath at- The regulations in this part are made tendants will be certified by the Super- prescribed and published for the regula- intendent upon completion of an ap- tion and maintenance of licensed guide prenticeship and an examination. service at all national military parks where such service has been established § 21.9 Solicitation by employees. or hereafter may be authorized in the discretion of the Secretary of the Inte- Soliciting by employees for any pur- rior upon the recommendation of the pose, including soliciting for gratu- Director of the National Park Service. ities, commonly called ‘‘tips,’’ is prohibited in all bathhouses. § 25.2 License. § 21.10 Losses. (a) No person shall be permitted to offer his services or to act as a guide A bathhouse receiving deposits of unless licensed for that purpose by the jewelry, money, or other valuables superintendent. Any person desiring to from patrons shall provide means for become a licensed guide shall make ap- the safekeeping thereof, satisfactory to plication to the superintendent in writ- the Superintendent. It is understood, ing for authority to take the examina- however, that the Government assumes tion for a license as guide. no responsibility for such valuables (b) Guides shall be of good character, kept on the premises. All losses must in good physical condition, honest, in- be reported promptly to the Super- telligent, tactful, and of good repute. intendent by the bathhouse manager. They must be thoroughly familiar with the history of the events which the § 21.11 Redemption of bath tickets. park commemorates and with the loca- Unused tickets may be redeemed by tion of all memorials. It is their duty the purchaser within one year from the to escort visitors to the various parts date of purchase, according to the re- of the park and point out different his- demption scale approved by the Super- torical features. The story of the intendent. guides shall be limited to the historical

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outlines approved by the super- cused by the park superintendent or his rep- intendent and shall be free from praise resentative. or censure. llllllllllll (c) Examinations will be held at Superintendent, parks where a licensed guide service is llllllllllll authorized, at times to be designated National Military Park. by the Director of the National Park (f) Each person licensed to act as a Service, for the purpose of securing a temporary or part-time guide, during list of eligibles for such service. The periods of heavy visitation, will be examination will consist of an inves- issued a license in the following form: tigation of the character, reputation, llllllllllll intelligence, and ability of the appli- (Place) cants, and of questions designed to test llllllllllll their knowledge of the history of the (Date) battle, or features of historical inter- llllllllllll, having successfully est, the markings of the park, the rules passed the examination prescribed for li- and regulations promulgated for the cense, is hereby licensed to offer service as a government of the park, and the regu- guide to visitors. This license is issued subject to the condition that the licensee shall lations governing the guide service. Ex- comply with all the rules and regulations amination questions will be prepared prescribed for guide service by the Secretary under the direction of the Director of of the Interior, copies of which have been the National Park Service, who will furnished to him. likewise supervise the marking of ex- This license shall continue in effect for a amination papers and the rating of ap- period of llll days beginning llll un- plicants. less revoked prior to the expiration of such period for failure to comply with the condi- (d) The names of applicants who suction set out herein. cessfully pass the examination will be placed on a list of eligibles and selected llllllllllll Superintendent, in accordance with their relative llllllllllll standing. National Military Park. (e) Each person licensed to act as a (g) Before being issued a license to full-time guide will be issued a license act as a guide, each applicant will be in the following form: required to subscribe to the following llllllllllll agreement: (Place) llllllllllll llllllllllll (Place) (Date) llllllllllll llllllllllll, having successfully (Date) passed the examination prescribed for li- To Superintendent, llllllll National cense, is hereby licensed to offer his service Military Park. as a guide to visitors. This license is issued For and in consideration of the issuance to subject to the condition that the licensee me a license to act as guide, I hereby accept shall comply with all the rules and regula- and agree to observe fully the following con- tions prescribed for guide service by the Sec- ditions: retary of the Interior and with the pre- 1. To abide by and observe the laws and all scribed schedule of rates, copies of all of rules and regulations promulgated for the which have been furnished to him. government of the park and for the regula- This license will be renewed at the expiration of guide service. tion of one year from the date of issue, pro- 2. In case of difference of opinion as to the vided the rules above-mentioned have been interpretation of any law, rule, or regula- fully complied with and services rendered tion, to accept the decision of the super- satisfactorily. intendent. Failure to act as a guide for any period ex- 3. To accord proper respect to the park ceeding 30 days between June 1 and August rangers in their enforcement of the rules and 31 automatically suspends this license. Re- regulations. newal under these conditions will only be 4. To require drivers of all vehicles, while made following proper application to and ap- under my conduct, to observe the park rules proval by the park superintendent. During and regulations. other times of heavy visitation, and espe- 5. To be watchful to prevent damage to, or cially on week ends and holidays, any and all destruction of, park property or acts of van- guides are subject to call for duty unless ex- dalism affecting monuments, buildings,

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fences, or natural features of the park, to re- suspension will be made to the Director port any such damage, destruction, or van- of the National Park Service. The li- dalism which I may observe to the nearest cense of a guide who has been sus- available ranger without delay, and to furnish him with all information in my posses- pended indefinitely will not be renewed sion tending to identify the offenders and as- without the approval of the Director of sist in their apprehension and punishment. the National Park Service. 6. To demand of visitors not more than the authorized fees for guide service and, when § 25.4 Schedule of rates. employed, to render service to the best of my ability. As the conditions of each park differ 7. To advise visitors who employ me, in ad- with respect to the proper charge for vance, the length of time needed for a trip the service rendered to the public, the and its cost and, if visitors desire a short- schedule of rates for observance by the ened tour, to arrange for such service as may licensed guides at each separate park suit their convenience. will be submitted to the Director of the 8. (a) Not to operate for hire any passenger National Park Service for approval. vehicle or other vehicle of any kind, while The superintendent will prepare pursuing the vocation of guide or wearing a guide’s badge or uniform. itineraries arranged so as best to ob- (b) Not to operate a visitor’s motor vehicle serve the different features of the bat- unless I hold a valid motor vehicle operator’s tlefield and submit them with rec- license issued by the State in which the na- ommendations as to schedule of rates tional military park is located. to the Director of the National Park (c) Not to charge an extra fee for operating Service for approval. a visitor’s motor vehicle. 9. In the event my license should be sus- § 25.5 Badges and uniforms. pended or revoked by the superintendent, to refrain from offering my services or pursuing Licensed guides will be furnished the vocation of guide, pending appeal to and with official badges as evidence of their decision of the Director of the National Park authority, which shall remain the Service. property of the Government and be re- 10. To return the license and official badge without delay to the superintendent should turned to the superintendent upon re- my license be revoked or suspended for more linquishment or revocation of the li- than 5 days or upon abandoning the occupa- cense as a guide. Where conditions war- tion of guide. rant it and its purchase would not 11. While wearing the badge of a guide or prove a hardship on the guides, they any uniform or part of a uniform indicating may be required to adopt a standard me to be a guide, I will not act as agent, so- uniform, to be procured at their own licitor, representative, or runner for any expense. business or enterprise whatever (except in offering my services as a guide to visitors), nor solicit nor accept from any person, firm, as- PART 27—CAPE COD NATIONAL sociation, or corporation any fee, commis- SEASHORE; ZONING STANDARDS sion, or gratuity for recommending their goods, wares, or services. (Signed) lllllllllllllllllll Sec. 27.1 General objectives. (80 Stat. 383; 5 U.S.C. 553) 27.2 Commercial and industrial activities. [24 FR 11060, Dec. 30, 1959, as amended at 30 27.3 Seashore District. FR 8222, June 26, 1965] 27.4 Variances and exceptions. § 25.3 Supervision; suspensions. AUTHORITY: Secs. 1, 5, 75 Stat. 284, 290; 16 U.S.C. 459b, 459b–4. (a) The guide service will operate under the direction of the super- SOURCE: 27 FR 6714, July 14, 1962, unless intendent or his designated representa- otherwise noted. tive. Records will be kept of the efficiency of the guides and of all matters § 27.1 General objectives. pertaining to the service. (a) Consistent with the objectives set (b) Superintendents are authorized to out in section 5 of the Act of August 7, suspend any guide for violation of the 1961 (75 Stat. 284), development and regulations or for conduct prejudicial management of the Cape Cod National to the interests of the Government. A Seashore will be conducted in a manner full report of the facts attending each which will assure the widest possible

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public use, understanding and enjoy- § 27.2 Commercial and industrial ac- ment of its natural, cultural and sci- tivities. entific features. The regulations in this No commercial or industrial districts part are designed and promulgated to may be established within the Cape establish minimum standards which Cod National Seashore. local zoning bylaws must meet in furtherance of those purposes. § 27.3 Seashore District. (b) The standards hereby established (a) Description. The Seashore District for approval of zoning bylaws or shall include all those portions of the amendments of zoning bylaws—are in- towns of Provincetown, Truro, tended: (1) To contribute to the effect Wellfleet, Eastham, Orleans and Chat- of prohibiting the commercial and in- ham lying within the exterior bound- dustrial use, other than existing com- aries of the Cape Cod National Sea- mercial or industrial use not incon- shore. sistent with the purposes of the Act of (b) Zoning bylaws for the Seashore District shall be consistent with the August 7, 1961 (75 Stat. 284, 291), of all objectives and purposes of the Act of property within the boundaries of the August 7, 1961, so that—to the extent Cape Cod National Seashore and situ- possible under Massachusetts law—the ated in the towns of Provincetown, scenic, scientific and cultural values of Truro, Wellfleet, Eastham, Orleans and the area will be protected, undeveloped Chatham; and (2) to promote preserva- areas will be preserved in a natural tion and development, in accordance condition, and the distinctive Cape Cod with the purposes of the said Act, of character of existing residential struc- the area comprising the seashore, by tures will be maintained. means of acreage, frontage and setback (c)(1) No moving, alteration, or en- requirements and other provisions largement of existing one-family resi- which may be required to be included dential dwellings or structures acces- in zoning bylaws consistent with the sory thereto situated within this Dis- laws of Massachusetts. Zoning bylaws trict shall be permitted if such would or amendments of zoning bylaws appli- afford less than a 50-foot setback from cable to the area within Cape Cod Na- all streets measured at a right angle tional Seashore, in order that they with the street line, and a 25-foot dis- may be approved, shall conform to the tance from the abutters’ property lines (or less than such lesser setback or dis- standards herein set forth relating to tance requirements already in exist- preservation and development of the ence for such dwellings or accessory seashore in accordance with the pur- structures). poses of the said Act. The Secretary (2) If through natural phenomena or shall be given notice of any amend- causes a lot or lots are so diminished in ments to approved zoning bylaws that size that an owner would be unable to affect the Seashore District. Nothing comply with the setback or sideline re- in these standards or in the zoning by- quirements herein prescribed, such laws adopted pursuant thereto for the owner or the zoning authorities may, area within Cape Cod National Sea- as provided in § 27.4(b), request the Sec- shore shall preclude the Secretary of retary of the Interior to determine the Interior from fulfilling the respon- whether a proposed move, reconstruc- sibilities vested in him by the Act of tion, alteration of enlargement of an August 7, 1961, or by the Act of August existing residential dwelling or acces- 25, 1916 (39 Stat. 535), as amended and sory structure would subject the prop- supplemented. erty to acquisition by condemnation. (c) Wherever the term ‘‘improved (d) Zoning bylaws adopted pursuant property’’ is used in this part it shall to this regulation shall contain provi- mean a detached, one-family dwelling, sions designed to preserve the seashore the land on which it is situated, and character of the area by appropriate re- accessory structures, and as further de- strictions or prohibitions upon the burning of cover, cutting of timber, fined in section 4(d) of the Act of Au- filling of land, removal of soil, loam, gust 7, 1961 (75 Stat. 284). sand or gravel and dumping, storage, or

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piling of refuse and other unsightly ob- ception which, in his opinion, fails to jects or other uses which would detract conform or is in any manner opposed to from the natural or traditional sea- or inconsistent with preservation and shore scene. development of the seashore as con- (e) Zoning bylaws for the Seashore templated in the said Act. The Sec- District may permit residential uses of retary may be consulted at any time ‘‘improved property’’ and other uses of by zoning authorities or by the owner such dwellings and their accessory of ‘‘improved property’’ regarding the structures: Provided, Such other uses effect of a proposed variance or excep- are traditional to these seashore com- tion upon the status of the affected munities, are customarily incidental to property with regard to the suspension the principal residential use and do not of the Secretary’s authority to con- alter the essential character of the demn. The Secretary, within 60 days of dwelling and premises as a private resi- the receipt of a request for such deter- dence. Subject to those conditions such mination, or as soon thereafter as is uses may include, but are not limited reasonably possible, shall advise the to: (1) Partial use of dwellings by resi- owner or zoning authorities whether or dents for a professional office (as for not the intended use will subject the the practice of theology, law or medi- property to acquisition by condemna- cine), as an artists’ studio, for appro- tion. priate small scale home occupations as (c) The Secretary shall be promptly the making and selling of traditional notified of the granting of any variance Cape Cod products produced on the or exception. premises, and for the rental of rooms and serving of meals by residents of the PART 28—FIRE ISLAND NATIONAL premises to overnight guests; (2) the SEASHORE: ZONING STANDARDS existence of structures, such as a ga- rage, barn or boathouse accessory to Subpart A—General Provisions the dwelling; (3) display of a sign which may be indirectly but not directly illu- Sec. minated and not to exceed two square 28.1 Purpose. feet in area, referring to the occu- 28.2 Definitions. pancy, sale, or rental of the premises; 28.3 Boundaries: The Community Develop- ment District; The Dune District; The (4) traditional agricultural uses of Seashore District. cleared land, but not including such ob- 28.4 Severability. jectionable uses as a piggery or the raising of livestock, poultry or fur- Subpart B—Federal Standards and bearing animals for commercial pur- Approval of Local Ordinances poses; and (5) the opening of shellfish, the storage and use of fishing equip- 28.10 Permitted and prohibited uses. 28.11 Nonconforming uses. ment, and other traditional fishing ac- 28.12 Development standards. tivities. No commercial or industrial 28.13 Variance, commercial and industrial ventures (other than of the types de- application procedures. scribed above), may be established 28.14 Emergency action. within the Seashore District. 28.15 Approval of local zoning ordinances.

§ 27.4 Variances and exceptions. Subpart C—Federal Review and (a) Zoning bylaws may provide for Condemnation variances and exceptions. 28.20 Review by the Superintendent. (b) Bylaws adopted pursuant to these 28.21 Suspension of condemnation authority standards shall contain provisions in the communities. which constitute notice to applicants 28.22 Condemnation authority of the Sec- for variances and exceptions that, retary. under section 5(d) of the Act of August 28.23 Certificates of suspension of authority 7, 1961, the Secretary of the Interior is for acquisition by condemnation. 28.24 Information collection. authorized to withdraw the suspension of his authority to acquire, by con- AUTHORITY: 16 U.S.C. 1,3,459e–2. demnation, ‘‘improved property’’ that SOURCE: 56 FR 42790, Aug. 29, 1991, unless is made the subject of a variance or ex- otherwise noted.

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Subpart A—General Provisions erty’’ may be retained by its owner as long as it is maintained in accordance § 28.1 Purpose. with approved local ordinances, and (a) The enabling legislation for Fire the Federal standards; Island National Seashore (the Sea- (7) To provide that, in the Dune Dis- shore) mandated the Secretary of the trict, private undeveloped property, if Interior (the Secretary) to issue regu- otherwise subject to condemnation, lations which provide standards for may be retained by its owner as long as local zoning in order to protect and it is maintained in its natural state; conserve Fire Island. The regulations and in this part set forth Federal standards (8) To provide a mechanism for the to which local ordinances for Fire Is- Superintendent to inform landowners land must conform to enable certain and the zoning authority if a use or de- private property within the Seashore velopment will be inconsistent with to be exempt from Federal condemna- the Federal standards or the purposes tion. The standards also apply to use of the Act and may subject the prop- and development of public property. erty to condemnation, subject to avail- From time to time these standards able funds. may be reviewed and revised. These (b) The Secretary may utilize any standards are intended: other statutory authority available to (1) To promote the protection and de- the Secretary for the conservation and velopment of the land within the Sea- development of natural resources to shore, for the purposes of the Fire Is- the extent the Secretary finds that land National Seashore Act (the Act), such authority will further the purpose by means of size, location, or use limi- of the Act. tations or restrictions on commercial, residential, or other structures with § 28.2 Definitions. the objective of controlling population (a) Accessory structure means any de- density and protecting the island’s nat- velopment which is located on the ural resources; same lot as the principal building or (2) To limit development and use of use and is customarily incidental and land to single-family homes, to pro- subordinate to the principal building or hibit development and use of multiple use. Accessory structure may include a family homes, and to prohibit the con- storage shed, dock, deck, patio, swim- version of structures to multiple fam- ming pool, or tennis court but does not ily homes; include a garbage or bicycle rack and (3) To prohibit commercial or indus- the single primary access walk. Acces- trial uses initiated after September 11, sory structure includes a guest house 1964 or the expansion of existing com- without cooking facilities used for mercial or industrial uses on any prop- overnight habitation. erty within the Seashore which is in- (b) Act means the Fire Island Na- consistent with the Federal standards tional Seashore Act of September 11, and approved local ordinances or the 1964, (16 U.S.C. 459e), as amended. purposes of the Act, is likely to cause (c) Building means an enclosed struc- a significant harm to the resources of ture having a roof supported by col- the Seashore or will not provide a serv- umns, walls, or cantilevers. (If a struc- ice to Fire Island; ture is separated by a party wall with- (4) To recognize that the zoning au- out openings, it is considered two sepa- thorities have the primary responsi- rate ‘‘buildings.’’) bility for zoning enforcement within (d) Developed property means any the Seashore; property which has been altered from (5) To provide that private property its natural state by the construction or within the Community Development erection of materials located in, upon, District may be retained by its owner or attached to something located in or as long as it is maintained in accord- upon the ground. Such alterations may ance with approved local ordinances include a building, deck, swimming and the Federal standards; pool, storage shed, patio, dock, tennis (6) To provide that, within the Sea- court, septic system or leaching field, shore District, private ‘‘improved prop- walkway, groin, fence or sign (except

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dune protection fences and signs), road, 17, 1984, failed to conform to Federal retaining wall, grading, artificial fill, standards in effect at the time of con- or other structure or material exclud- struction or fails to conform to these ing live vegetation. standards, whether or not the use or (e) Development means any activity, development was first commenced in action, alteration, structure or use compliance with the local ordinance. which changes undeveloped property (l) Single-family home means a build- into developed property. ing which contains no more than one (f) Exception to a zoning ordinance kitchen or cooking facility. An exte- means any development or change in rior barbecue does not constitute a use of developed property which is not cooking facility for the purposes of this authorized by the zoning ordinance or regulation. the variance procedures of the zoning (m) Undeveloped property means prop- authority or, if authorized by the zon- erty which has not been altered from ing authority, fails to conform to the its natural state with the exception of ordinance approved by the Secretary or dune protection measures such as snow to the Federal standards. fencing, beach nourishment, dune grass (g) Guest house means an accessory planting, or other approved biological structure on the same lot as the prin- or ecological sand-enhancing or sta- cipal building that does not contain bilization methods. cooking facilities and is used for the (n) Zoning authority means the Town temporary accommodation of guests of of Brookhaven, the Town of Islip, the a resident living in the principal build- Village of Saltaire, the Village of ing. Ocean Beach and/or any other legally (h) Improved property is developed incorporated village or political sub- property defined by the Act to mean division hereafter created and the offi- any building, the construction of which cials authorized by local ordinance to was begun prior to July 1, 1963, to- make rulings and determinations on gether with such amount of land on zoning in said towns and villages. which said building is situated as the [56 FR 42790, Aug. 29, 1991, as amended at 62 Secretary considers reasonably nec- FR 30235, June 3, 1997] essary to the use of said building not, however, to exceed 2 acres in the case § 28.3 Boundaries: The Community De- of a residence and 10 acres in the case velopment District; The Dune Dis- of a commercial use. The Secretary trict; The Seashore District. may exclude from such ‘‘improved (a) Generally. The boundaries of the property’’ any beach or waters, as well Seashore are described in the Act, as as land adjoining such beach or waters, amended, and are delineated on the of- which the Secretary deems necessary ficial boundary maps OGP-OOO2, dated for public access thereto. June 1964, and amended by OGP-OOO4, (i) Local ordinance means a State, dated May 1978. The maps are available town, or village law applicable to the for inspection at the Seashore head- development or use of real property. quarters. There are three districts: The (j) Lot means a parcel of land which Community Development District, the meets the minimum acreage and front- Seashore District, and the Dune Dis- age requirements of the zoning author- trict. ity and is occupied or capable of being (b) The Community Development Dis- legally occupied by one (1) principal trict. (1) The seventeen communities building or main building, and the ac- which comprise the Community Devel- cessory structures or uses including opment District are set out below with such open spaces as are required by their respective west/east boundaries. these standards, but in no case does a (i) Lighthouse Shores—Kismet Park lot include lands below the toe of the West Boundary: 100 feet west of the west line natural foredune line. of West Lighthouse Walk. (k) Non-conforming use means any use East Boundary: 80 feet east of the east line of or development that, if commenced Pine Street. after the effective date of these stand- (ii) Seabay Beach ards, fails to conform to these stand- West Boundary: Approximately 94 feet west ards; or, if commenced prior to October of the west line of Seabay Walk.

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East Boundary: Approximately 94 feet east of West Boundary: The west line of West Walk. the east line of Seabay Walk. East Boundary: Approximately 100 feet east (iii) Saltaire of the east line of Ivy Walk. West Boundary: 185 feet west of the west line (xv) Fire Island Pines of West Walk. West Boundary: Approximately 150 feet west East Boundary: 85 feet east of the east line of of the west line of Sandy Walk. East Walk. East Boundary: Approximately 120 feet east (iv) Fair Harbor of Sail Walk. West Boundary: 333 feet west of the west line (xvi) Water Island of Cedar Walk. West Boundary: The west line of Charach East Boundary: The east line of Spruce Walk. Walk. East Boundary: Approximately 100 feet east (v) Dunewood of the east line of East Walk. (xvii) Davis Park West Boundary: The east line of Spruce Walk. West Boundary: 90 feet west of the west line East Boundary: 85 feet east of the east line of of Eider Duck Walk. East Walk. East Boundary: 90 feet east of east line of (vi) Lonelyville Whalebone Walk. (2) The northern boundary of the West Boundary: 85 feet east of the east line of East Walk. communities listed in paragraph (b)(1) East Boundary: 100 feet east of the east line of this section is the mean high water of Raven Walk. line on the south shore of the Great (vii) Atlantique South Bay. (3) The southern boundary of the West Boundary: 80 feet west of the west line communities listed in paragraph (b)(1) of Sea Breeze Walk. East Boundary: 80 feet east of the east line of of this section is the mean high water East End Walk. line on the south shore of Fire Island. (viii) Robbins Rest (c) The Seashore District. The Sea- shore District is comprised of all por- West Boundary: The west line of Compass tions of the lands and waters within Walk. the boundary of the Seashore which are East Boundary: 113 feet east of the east line of Sextant Walk. not included in the Community Devel- opment District with the exception of (ix) Fire Island Summer Club— the headquarters facilities at Corneille Estates Patchogue and the William Floyd Es- West Boundary: 100 feet west of west line of tate at Mastic. Schooner Walk. (d) The Dune District. The Dune Dis- East Boundary: 100 feet east of east line of trict extends from the mean high water Frigate Roadway. line to 40 feet landward of the primary (x) Ocean Beach natural high dune crest, as defined on West Boundary: 7 feet west of the west line Fire Island National Seashore Map of Surf Road. #OGP–0004 and on Suffolk County East Boundary: 2 feet east of the east line of Property Maps, section numbers 491–498 Surf View Walk. (Islip), 002 (Ocean Beach), 002–004 (xi) Seaview (Saltaire), and 985.70–987 (Brookhaven), West Boundary: East line of Surf View Walk. as mapped in November 1976 or as sub- East Boundary: 200 feet east of Laurel Ave- sequently remapped. Map overlays of nue. the Dune District are available for in- (xii) Ocean Bay Park spection in the Office of the Super- West Boundary: 90 feet west of the west line intendent of the Seashore. The Dune of Superior Street. District overlaps portions of the Com- East Boundary: 100 feet East of the east line munity Development District and the of Cayuga Street. Seashore District. (xiii) Point O’Woods West Boundary: 100 feet east of the east line § 28.4 Severability. of Cayuga Street. The invalidation of any provision of East Boundary: Western boundary of Sunken this part 28 by any court of competent Forest Preserve. jurisdiction shall not invalidate any (xiv) Cherry Grove other provision thereof.

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Subpart B—Federal Standards and to a guest house with cooking facilities Approval of Local Ordinances is prohibited. (iii) The subdivision of land into lots § 28.10 Permitted and prohibited uses. which are less than 4000 feet, or that do (a) The Community Development Dis- not meet the requirements of the appli- trict—(1) Permitted uses. (i) The con- cable approved zoning ordinance is pro- struction, alteration, expansion, move- hibited. ment, reconstruction, and maintenance (iv) The rezoning of an area zoned of a detached building which is used residential to commercial or industrial principally as a single-family home, without review by the Secretary is pro- church, school, or community facility; hibited. as an accessory structure; or as an of- (b) The Seashore District—(1) Permitted fice for a professional occupation, as uses. (i) The alteration, expansion, defined in approved local ordinances is movement, and maintenance of pri- permitted. Reconstruction of non-con- vately-held ‘‘improved property’’ used forming uses is permitted in accord- as a single-family home or as an acces- ance with § 28.11. A professional office sory structure is permitted. Recon- may be maintained only incidental to a struction is permitted in accordance residential use and shall be utilized by with § 28.11. a person residing on the premises. (ii) Any use consistent with the pur- (ii) A commercial or industrial use in poses of this Act, which is not likely to continuous and unchanged operation cause significant harm to the natural since September 11, 1964 is permitted. resources of the Seashore, on any Any change in use of a commercial or lands, whether publicly or privately- industrial use since September 11, 1964 held, which lie below mean high water including construction, expansion, or in either the Atlantic Ocean or the conversion of an existing structure or a Great South Bay is allowable. change in type, mode or manner of op- (2) Prohibited uses. Construction, de- eration constitutes a new commercial velopment or expansion of any prop- or industrial use and may be permitted erty other than ‘‘improved property’’ is subject to the approval of the local prohibited. The provisions of paragraph zoning authority and review by the Su- (a)(2) of this section apply to all pri- perintendent. vately-held property in the Seashore (iii) A commercial or industrial use District. initiated after September 11, 1964 con- (c) The Dune District—(1) Permitted stitutes a new commercial or indus- uses. (i) A community vehicular and trial use and may be permitted with private or community pedestrian dune the approval of the local zoning au- crossing approved by the zoning authority and review by the Super- thority and reviewed by the Super- intendent. Any change in use of a com- intendent as necessary for access to mercial or industrial use approved by a areas behind the dune. Such dune pro- local zoning authority after September tection measures as snow fencing, 11, 1964, including construction, expan- poles, beach nourishment, dune grass sion, or conversion of an existing struc- planting, or other scientifically sanc- ture, or a change in type, location, tioned biological or ecological sand en- mode or manner of operation, shall hancing or stabilization methods are constitute a new commercial or indus- allowable. trial use and may be permitted with (ii) Residential use and maintenance approval of the local zoning authority of an existing structure or reconstruc- and review by the Superintendent. tion in accordance with § 28.11 is allow- (2) Prohibited uses. (i) The construc- able. tion or expansion of an apartment (2) Prohibited uses. (i) Any develop- building or other building with mul- ment subsequent to November 10, 1978 tiple dwelling units or conversion of an including construction of a new struc- existing building into a multiple fam- ture or expansion of an existing struc- ily home is prohibited. ture, such as a building, bulkhead, pile, (ii) The construction or expansion of septic system, revetment, deck, swim- a guest house with cooking facilities, ming pool, or other structure or man- or conversion of an existing structure made dune stabilization device except

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as allowed under paragraph (c)(i) of intensification, enlargement, recon- this section. struction, extension, or movement is (ii) Any use of the dune, other than allowable without compliance with the those outlined in paragraph (c)(1)(i) of following conditions: this section, including recreational (1) No use or structure within the use. Seashore built in violation of a local (3) Conflict with other provisions. If a ordinance when constructed may be re- development or lot lies partially with- constructed except in compliance with in the Dune District and partially in the approved local zoning ordinance. the Community Development District, (2) Local building permit applica- or partially within the Dune District tions for reconstruction shall be filed and partially within the Seashore Dis- with the appropriate zoning authority trict, and the standards applicable to within one (1) year of the damage, de- the development, lot, or use are in construction, or abandonment. flict, the standards for the Dune Dis- (3) A commercial or industrial use trict prevail for the portion of the de- may not be reconstructed without the velopment, lot, or use which lies within approval of the local zoning authority the Dune District. (d) General recre- and review by the Superintendent. ation, environmental and historic pres- (4) A nonconforming use in the Com- ervation and education, and natural re- munity Development District or in the source protection uses and facilities Seashore District (i.e. ‘‘improved prop- consistent with the uses and facilities erty’’) may be reconstructed to pre- appropriate for each zone as set forth vious dimensions. It may not be al- in the General Management Plan and tered, enlarged, intensified, extended, Final Environmental Impact State- or moved except to bring the use or ment are permitted on publicly-held structure into conformity with the ap- property. proved local zoning ordinance. (5) A nonconforming use in the Dune § 28.11 Nonconforming uses. District may be reconstructed if it can (a) Any use or structure lawfully ex- conform to the approved local zoning isting under local law as of October 17, ordinance and lie north of the crest of 1984 and rendered nonconforming by the dune at the time of reconstruction. adoption of the federal standards may continue, subject to the provisions of § 28.12 Development standards. this section, and will not lose its ex- No use allowable under § 28.10 may be emption from condemnation, if other- developed, constructed, altered, or con- wise eligible. ducted unless it complies with the fol- (b) Change in nonconforming uses. (1) lowing: No nonconforming development or use (a) A single-family home is the only may be altered, intensified, enlarged, type of development permitted in a res- extended, or moved except to bring the idential district defined by a local zon- use or structure into conformity with ing authority. the approved local zoning ordinance. (b) Commercial or industrial develop- (2) A nonconforming use which has ment is limited to commercial or busi- been abandoned for more than one (1) ness districts defined by a zoning au- year may not be resumed or replaced thority within the Community Devel- by another nonconforming use or opment District. Such development structure. must provide a service to Fire Island (3) A nonconforming use in the Dune and will not be likely to cause signifi- District may be moved to bring it into cant harm to the natural resources of conformity with the approved local the Seashore. zoning ordinance. (c) Minimum lot size is 4,000 square (c) Reconstruction of nonconforming feet. A subdivision must comply with uses. If a nonconforming use or struc- the subdivision requirements of the ap- ture is severely damaged (as deter- plicable zoning authority and may not mined by fair professional insurance result in development of any lot which practices), destroyed or rendered a haz- is less than 4,000 feet. ard, whether by fire, natural disaster, (d) Maximum lot occupancy for all abandonment or neglect, no alteration, development may not exceed 35 percent

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of the lot. Lot occupancy is calculated completed application by the appli- to include all buildings and accessory cant. structures on the property and any ex- (b) The zoning authority shall send tension of the upper floors beyond the the Superintendent a copy of the writ- developed area on the ground level. ten notice of the dates and times of (e) Lot occupancy of all privately- any public hearing to be held con- held improved property in the Seashore cerning an application no less than 10 District is limited to 35 percent of the days prior to the date of the hearing. square footage of a lot that is less than (c) The zoning authority shall send 7,500 square feet, and to 2,625 square the Superintendent a copy of the writ- feet for a lot 7,500 square feet or great- ten notice within fifteen calendar days er. Lot occupancy is calculated to in- of the approval or disapproval of any clude all buildings and accessory struc- application for a variance, exception, tures on the property and any exten- special permit, or permit and copies of sion of the upper floors beyond the de- any variance, exception, special per- veloped area of the ground. mit, or certificate which has been (f) No building or accessory structure granted. may be erected to a height in excess of 28 feet as measured from the average (d) The zoning authority shall send existing ground elevation or the min- copies of all correspondence referred to imum elevation necessary to meet the in this section to: prerequisites for Federal flood insur- The Superintendent, Special Attention: Zon- ance as determined by the National ing, Fire Island National Seashore, 120 Flood Insurance Program/FEMA shown Laurel St., Patchogue, New York 11772. on Flood Insurance Rate Maps for Fire Island communities. § 28.14 Emergency action. (g) A swimming pool is an allowable If allowable by local law and if imme- accessory structure and is calculated diate action is essential to avoid or in measuring lot occupancy. eliminate an immediate threat to the (h) No sign may be self-illuminated. public health or safety or a serious and (i) A zoning authority shall have in immediate threat to private property effect limitations, requirements, or re- or natural resources, an agency or per- strictions on the burning of cover and son may commence a temporary use trash, excavation, displacement or re- without a permit from the zoning au- moval of sand or vegetation, and the thority. In all cases, the agency or per- dumping, storing, or piling of refuse son shall inform the Superintendent materials, equipment or other un- and send an application for a permit to sightly objects which would pose safety the zoning authority within 10 days hazards and/or detract from the nat- after the commencement of the use and ural or cultural scene. the applicant shall proceed in full com- (j) A zoning authority shall have in place ordinances to lessen the potential pliance with the provisions of the ap- for flood and related erosion and prop- proved local zoning ordinance. When erty losses consistent with the Federal the reasons for undertaking the emer- Insurance Administration’s National gency action no longer exist, the agen- Flood Insurance Program criteria for cy or person shall cease an emergency ‘‘Land Management and Use,’’ as set action taken under this section. forth in 24 CFR part 1910, subpart A, as it may from time to time be amended. § 28.15 Approval of local zoning ordinances. § 28.13 Variance, commercial and in- (a) The Secretary shall approve local dustrial application procedures. ordinances or amendments to approved (a) The zoning authority shall send ordinances which conform to these reg- the Superintendent a copy of all appli- ulations. The Secretary may not, how- cations for variances, exceptions, spe- ever, approve an ordinance or amend- cial permits, and permits for commer- ment thereto which: cial and industrial uses submitted to (1) Contains a provision that the Sec- the zoning authority within five cal- retary considers adverse to the protec- endar days of their submission of the tion and development of the Seashore;

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(2) Does not comply with the federal nances, Secretarial authority to ac- standards set out in §§ 28.10, 28.11, and quire by condemnation private prop- 28.12; or erty within the communities and ‘‘im- (3) Fails to provide for the variance proved property’’ in the Seashore Dis- procedures of § 28.13. trict that conforms to the federal (b) A zoning authority from time to standards and the provisions of the Act time may amend its ordinance. At such or is not likely to cause significant time the Secretary may revoke the ap- harm to the natural resources of the proval of any ordinance or portion of Seashore is suspended, except as pro- an ordinance which fails to conform to vided for in § 28.22. these regulations. Upon resubmission by the zoning authority of an amended § 28.22 Condemnation authority of the ordinance, the Secretary shall approve Secretary. the ordinance, if it conforms with the (a) The Secretary has the authority requirements of paragraph (a) of this to exercise powers of condemnation section. with respect to: (c) Secretarial approval of a local or- (1) Private property within the 8-mile dinance will be withdrawn if the Sec- area between the eastern boundary of retary finds that a zoning authority is Davis Park and the western boundary not enforcing its ordinance. of the Smith Point County Park; (2) Any beach or water and such ad- Subpart C—Federal Review and joining land as the Secretary deter- Condemnation mines is necessary for access to the beach or water; § 28.20 Review by the Superintendent. (3) Any property for which the Cer- (a) The Superintendent, within 15 tificate of Suspension of Authority for working days of the receipt of a copy of Acquisition by Condemnation has been an application for a variance, excep- revoked; tion, permits for commercial or indus- (4) Any property, if the approval of trial use, or special permit submitted the ordinance of the zoning authority to the zoning authority for any devel- has been revoked; partially revoked, or opment, use or change in use shall pro- an exception was made to the Secre- vide the applicant/landowner and the tarial approval and such property fails appropriate zoning authority written to conform to these standards, or any comments on the application. The pur- property where the appropriate local pose of the Superintendent’s review is zoning authority does not have an ordi- to determine if the proposed use or de- nance approved by the Secretary; velopment does not conform to the fed- (5) Any property built or altered eral standards and the purposes of the after October 17, 1984 that does not con- Act or is likely to cause significant form to the regulations in this part 28; harm to the natural resources of the (6) Any property which becomes an Seashore. If the Superintendent’s re- exception to or has been granted a view determines the proposal does not variance, exception, or special use per- conform, the Superintendent shall in- mit after October 17, 1984 that fails or form the applicant/landowner and ap- will fail to conform to the regulations propriate zoning authority that should in this part 28; the proposed use or development pro- (7) Any new commercial or industrial ceed, the National Park Service may use that the Superintendent has deter- seek to enjoin the development and ac- mined does not conform with § 28.20(a). quire the property by condemnation. A new commercial or industrial use is (b) The Superintendent may also ap- defined as any commercial or indus- peal the decision of the zoning author- trial use commenced after September ity pursuant to procedures of local law. 11, 1964. Any change in use of a commercial or industrial use including § 28.21 Suspension of condemnation construction, expansion, or conversion authority in the communities. of an existing structure, or change in The Secretary has the authority to type, location, mode, or manner of op- acquire land by condemnation. Upon eration, constitutes a new commercial Secretarial approval of local ordi- or industrial use;

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(8) Any property with respect to (a) A property owner shall submit an which the Secretary’s authority to application for a certificate to: condemn was not suspended and the Superintendent, property failed to conform to the fed- Fire Island National Seashore, eral standards existing at the time of 120 Laurel Street, construction, modification, or com- Patchogue, New York 11772. mencement of a use, unless such construction, modification or use con- (b) An application for a certificate forms to the current federal standards; shall contain: and (1) A current survey of the lot show- (9) Any property in violation of a ing the dimension of all buildings, ac- local ordinance required by § 28.12 (i) cessory structures, garbage and bicycle and (j). racks, all access walks, and any exten- (b) Undeveloped property which is sions of the upper floors beyond the de- otherwise subject to condemnation veloped area on the ground level; under the Act is not subject to con- (2) On the survey, the line of mean demnation if it is located in the Dune high water, the toe of the dune, and the District and is maintained in its nat- crest of the dune shall be identified if ural state. they traverse the lot; (c) The Secretarial authority to con- (3) A floor plan of each floor of each demn any property in the Seashore is building showing the configuration of suspended for any structure or use con- all rooms and cooking facilities; structed, modified, or commenced prior (4) A vertical drawing of the struc- to October 17, 1984 if: ture showing actual ground level and (1) It was built or conducted in con- building height; and formity with local zoning ordinances (5) Copies of the original and all sub- and procedures in effect at the time of sequent building permit applications such construction or commencement or and permits, certificates of occupancy, had been issued a variance under local certified-as-completed surveys, law; variances, special use permits, certifi- (2) It was built or conducted in con- cates of pre-existing use, or other docu- formity to the federal standards exist- ments relating to local authorization ing at the time of such construction or to develop or use the property. The commencement or to these standards; burden rests on the applicant to show and that the structure conformed to local (3) The local zoning ordinance is ap- law at the time of construction and at proved by the Secretary without excep- the time of each subsequent alteration tions, or if approved by the Secretary and that the structure conforms to cur- with exceptions, such exceptions are rent federal standards. not pertinent or applicable to the prop- (6) For commercial or industrial uses, erty. the owner of the property shall submit (d) The above provisions shall not be further information describing the interpreted to otherwise limit or cir- type, mode, and manner of operation. cumscribe the authority of the Sec- All local, county, state, or federal li- retary to condemn property as pro- censes and permits required for con- vided by the Act, or other provisions of struction, occupancy, operation of the law. commercial activity shall be submitted. Any change in use as described § 28.23 Certificates of suspension of in § 28.10(a)(1)(iii) will require applica- authority for acquisition by con- tion for a new certificate. demnation. (c) Upon receipt of the application, Upon approval of a local zoning ordi- the Superintendent shall conduct a site nance, a private property owner may inspection of both the interior and ex- apply to the Superintendent for a Cer- terior of the property. tificate of Suspension of Authority for (d) After review of the materials sub- Acquisition by Condemnation. Proce- mitted by the applicant and other per- dures for obtaining a certificate are as tinent information, and completion of follows: the site inspection, the Superintendent

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shall determine whether the Sec- not significantly impair, public recre- retary’s authority to acquire by con- ation and conservation of scenic, sci- demnation is suspended, and if so, shall entific, historic, or other values con- furnish to any eligible party in interest tributing to public enjoyment. a Certificate of Suspension of Author- (b) The Secretary may not acquire ity for Acquisition by Condemnation. without consent of the owner any pri- (e) A Certificate of Suspension of Au- vately owned ‘‘improved property’’ or thority for Acquisition by Condemna- interests therein within the boundaries tion may be revoked at any time that of the unit, so long as the appropriate the Secretary’s authority to condemn local zoning agency (Shasta County), is reinstated or that it becomes evident shall have in force and applicable to to the Superintendent that the Certifi- such property a duly adopted, valid, cate was initially issued by mistake or zoning ordinance that is approved by on misinformation. the Secretary. This suspension of the § 28.24 Information collection. Secretary’s authority to acquire ‘‘improved property’’ without the owner’s The collection of information con- consent would automatically cease: (1) tained in §§ 28.13, and 28.23 have been If the property is made the subject to a approved by the Office of Management variance or exception to any applicable and Budget under 44 U.S.C. 3501 et seq. zoning ordinance that does not con- and assigned clearance number 1024– 0050. The information will be used to form to the applicable standards con- determine if private property conforms tained in the regulations in this part; to the federal regulations. Response is or (2) if such property is put to any use required to obtain a benefit in accord- which does not conform to any applica- ance with 16 U.S.C. Section 459e et seq. ble zoning ordinance approved by the Secretary. PART 30—WHISKEYTOWN-SHASTA- (c) ‘‘Improved property’’ as used in this section, means any building or TRINITY NATIONAL RECREATION group of related buildings, the actual AREA: ZONING STANDARDS FOR construction of which was begun before WHISKEYTOWN UNIT February 7, 1963, together with not more than 3 acres of land in the same Sec. ownership on which the building or 30.1 Introduction. 30.2 General provisions. group of buildings is situated, but the 30.3 Recreation District I. Secretary may exclude from such ‘‘im- 30.4 Recreation District II. proved property’’ any shore or waters, 30.5 Variances, exceptions, and use permits. together with so much of the land ad- AUTHORITY: Subsection 2(e), 79 Stat. 1295, joining such shore or waters, as he 1297; sec. 3, 39 Stat. 535; 16 U.S.C. 460q–1(e); 16 deems necessary for public access U.S.C. 3. thereto. SOURCE: 32 FR 13189, Sept. 16, 1967, unless (d) The regulations in this part speci- otherwise noted. fy the standards with which local zoning ordinances for the Whiskeytown § 30.1 Introduction. Unit must conform if the ‘‘improved (a) Administration of the property’’ within the boundaries of Whiskeytown Unit is required to be co- that unit is to be exempt from acquisi- ordinated with the other purposes of tion by condemnation. The objectives the Central Valley project and with the of the regulations in this part are to: purposes of the recreation area as a (1) Prohibit new commercial or indus- whole so as to provide for: (1) Public trial uses other than those which the outdoor recreation benefits; (2) con- Secretary considers to be consistent servation of scenic, scientific, historic, with the purposes of the act estab- and other values contributing to public lishing the national recreation area; (2) enjoyment; and (3) such management, promote the protection and develop- utilization and disposal of renewable ment of properties in keeping with the natural resources as in the judgment of purposes of that act by means of use, the Secretary of the Interior will pro- acreage, frontage, setback, density, mote or is compatible with, and does height, or other requirements; and (3)

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provide that the Secretary receive no- and amendments in effect prior to the tice of any variance granted under, or issuance of the regulations in this part any exception made to, the application which demonstrate such conformity of the zoning ordinance approved by and any that have been adopted specifi- him. cally to implement the regulations in (e) Following promulgation of the this part. regulations in this part in final form, (b) Any new uses, and the location, the Secretary is required to approve design and scope of any new develop- any zoning ordinance or any amendments, permitted under the regulations ment to an approved zoning ordinance in this part shall be harmonized with submitted to him which conforms to adjacent uses, developments and the the standards contained in the regula- natural features and shall be con- tions in this part in effect at the time sistent with the current Master Plan of adoption of the ordinance or amend- proposed or adopted by the National ment. Within 60 days following submis- Park Service for the Whiskeytown sion, the county will be notified of the Unit, so as to minimize disruption of Secretary’s approval or disapproval of the natural scene and to further the the zoning ordinances or amendments public recreational purposes of the thereto. If more than 60 days is re- aforesaid establishment act for this quired the county will be notified of unit. the expected delay and of the addi- (c) Zoning ordinances for the dis- tional time deemed necessary to reach tricts hereinafter prescribed shall con- a decision. The Secretary’s approval form to the general and specific stand- shall remain effective so long as the ards contained in the regulations in zoning ordinances or amendments this part to assure that use and devel- thereto remain in effect as approved. opment of the lands within the (f) Nothing contained in the regula- Whiskeytown Unit are consistent with tions in this part or in the zoning ordi- the objectives of the Congress to pro- nances or amendments adopted for the tect and preserve the values of the Whiskeytown Unit to implement the lands in such unit for public use and regulations in this part shall preclude the Secretary from exercising his enjoyment, as set out in the Act of No- power of condemnation at any time vember 8, 1965 (79 Stat. 1295). Except as with respect to property other than otherwise provided herein, no addi- ‘‘improved property’’ as defined herein. tional or increased commercial or in- Nor shall the regulations in this part dustrial uses are permitted within preclude the Secretary from otherwise these districts. Any existing noncon- fulfilling the responsibilities vested in forming commercial or industrial uses him by the act authorizing establish- shall be discontinued within 10 years ment of the Whiskeytown-Shasta-Trin- from the date of this section: Provided, ity National Recreation Area, by the however, That with the approval of the Act of August 25, 1916 (39 Stat. 535, 16 Secretary such 10-year period may be U.S.C. 3), as amended and supple- extended by the county for an addi- mented, and such other statutory au- tional period of time sufficient to allow thorities relating to the National Park the owner a reasonable opportunity to System. amortize investments made in the property before November 8, 1965. § 30.2 General provisions. § 30.3 Recreation District I. (a) Following issuance of the regulations in this part, Shasta County shall (a) Definition. This district shall submit to the Secretary for his ap- comprise all those portions of the proval, all zoning ordinances and Whiskeytown Unit of the amendments thereto duly adopted by Whiskeytown-Shasta-Trinity National the county which are in force and ap- Recreation Area delineated as ‘‘Recre- plicable to property within the ation District I’’ on a map bearing the Whiskeytown Unit and which dem- identification NRA-WHI1000, and dated onstrate conformity with the standards August 1966. contained in the regulations in this (b) The following uses are permitted part. This shall include any ordinances in Recreation District I provided the

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Shasta County Planning Commission extent necessary in order to permit the has issued a use permit in each case: exercise of a use otherwise allowed (1) Single-family dwellings, not in- within this district. cluding tents and trailers, but includ- (8) Recreational pursuits such as ing servants’ quarters in the same horseshoe pitching, archery, croquet, structure or in an accessory dwelling, tennis, softball, volley ball, and similar and one noncommercial guest house. outdoor game-type activities compat- Such residential uses shall meet the ible with the recreational purposes of following requirements: the area. (i) Minimum building site area—3 (9) Religious and educational uses. acres; but a lesser acreage may be uti- (10) Removal of gravel, sand, and lized for this purpose if, on or before rock or other alteration of the land- February 7, 1963, the site was in separate ownership and within a recorded scape to the minimum extent nec- subdivision. essary for the construction of an access (ii) Maximum building height—35 road to the property on which a use is feet. permitted. In all other circumstances, (iii) Minimum frontage—150 feet. such removal or alteration shall be per- (iv) Minimum front yard setback—75 mitted only to the minimum extent feet. necessary to make possible the exer- (v) Minimum side yard setback—50 cise of a use otherwise permitted in feet. this district. (vi) Minimum rear yard setback—25 (11) Signs that are appurtenant to feet. any permitted use and which (i) do not (vii) Maximum percentage of lot cov- exceed 1 square foot in area for any res- erage permitted—10 percent. idential use; (ii) do not exceed 4 square (2) Moving, alteration, or improve- feet in area for any other use, includ- ment of existing residences or acces- ing advertisement of the sale or rental sory structures provided there is com- of property; and (iii) which are not illu- pliance with the acreage, frontage, set- minated by any neon or flashing de- back, density, height, and other re- vice. Such signs may be placed only on quirements prescribed for residential the property on which the advertised uses under paragraph (b)(1) of this sec- use occurs, or on the property which is tion, And provided, further, That such advertised for sale or rental. Signs moving alteration, or improvement shall be subdued in appearance, harmo- does not alter the residential character nizing in design and color with the sur- of the premises. Any moving, alter- roundings and shall not be attached to ation or improvement of such struc- any tree or shrub. Nonconforming signs tures that would result in a deviation may continue such nonconformity from these prescribed limitations and until they are destroyed, moved, struc- requirements would subject the prop- turally altered or redesigned, but the erty to acquisition without consent of period of such nonconformity may not the owner, unless the Secretary has exceed 2 years from the date a zoning waived such limitations or requirements. ordinance containing this limitation is (3) Tree farming under a timber man- adopted by Shasta County. agement plan that conforms to the (12) Accessory uses and temporary re- California Forest Practices Act. movable structures appurtenant to any (4) Riding stables. permitted use. (5) Campgrounds, organizational (c) Any use not included above as a camps and picnic areas. permitted use shall be deemed a pro- (6) Limited agricultural uses such as hibited use. Moreover, all land within truck gardening, provided these uses do the boundaries of the Whiskeytown not require the extensive cutting or Unit, except certain ‘‘improved prop- clearing of wooded areas and are not erty’’ as defined herein, will be ac- otherwise destructive of natural or rec- quired by the United States as rapidly reational values. as appropriated funds are made avail- (7) Clearing and removal of trees, able therefor and before any develop- shrubbery, and other vegetation to the ment occurs thereon. Any property

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that is developed before such acquisition was in separate ownership on Feb- tion takes place will be subject to ac- ruary 7, 1963. quisition by the Secretary without (d) Any use not included above as a consent of the owner. permitted use shall be deemed a prohibited use. Moreover, all land within § 30.4 Recreation District II. the boundaries of the Whiskeytown (a) Definition: This district shall Unit, except certain ‘‘improved prop- comprise all those portions of the erty’’ as defined herein, will be ac- Whiskeytown Unit of the quired by the United States as rapidly Whiskeytown-Shasta-Trinity National as appropriated funds are made avail- Recreation Area delineated as ‘‘Recre- able therefor and before any develop- ation District II’’ on a map bearing the ment occurs thereon. Any property identification NRA-WHI–1000 and dated that is developed before such acquisi- August 1966. tion takes place will be subject to ac- (b) The following uses are permitted quisition by the Secretary without in Recreation District II: consent of the owner. (1) All uses permitted in Recreation District I, subject to all the limita- § 30.5 Variances, exceptions, and use tions, conditions and requirements pre- permits. scribed for such uses in that district. (a) Zoning ordinances or amendments (2) The following additional uses are thereto, for the zoning districts com- permitted in Recreation District II, prising the Whiskeytown Unit of the provided the Shasta County Planning Whiskeytown-Shasta-Trinity National Commission has issued a use permit in Recreation Area may provide for the each case: granting of variances and exceptions. (i) Agricultural pursuits such as crop (b) Zoning ordinances or amendments farming, grazing, animal husbandry, thereto for each of the districts estab- nurseries, and greenhouses. lished by the regulations in this part (ii) Stands for retail sales of products shall contain provisions advising appli- produced on the premises. cants for variances and exceptions (iii) Measures to promote conserva- that, under section 2(f) of the Act of tion of soil, water, and vegetation, in- November 8, 1965, the authority of the cluding reforestation and tree stand Secretary to acquire ‘‘improved prop- improvement, and measures to reduce erty’’ without the owner’s consent fire hazards. would be reinstated (1) if such property (iv) Public or privately operated is made the subject of a variance or ex- parks and playgrounds. ception to any applicable zoning ordi- (v) Trailer campgrounds. nance that does not conform to any ap- (vi) Golf courses. plicable standard contained in the reg- (vii) Heliports, provided they are lo- ulations in this part; or (2) if such cated and screened so their operations property is put to any use which does will cause a minimum of interference not conform to any applicable zoning with public recreational use and enjoy- ordinance approved by the Secretary. ment of the area. (c) The Shasta County Planning (viii) Accessory structures, facilities, Commission, or private owners of ‘‘im- and utilities as necessary to make pos- proved property’’ may consult the Sec- sible the exercise of any use otherwise retary as to whether the grant of any permitted. proposed variance or exception would (c) Structures developed for the exer- terminate the suspension of his author- cise of the additional uses listed under ity to acquire the affected property paragraph (b)(2) of this section shall without consent of the owner, and may not exceed two stories in height (35 request the approval of a variance or feet), shall have a minimum principal exception by the Secretary: Provided, use area of 5 acres, and shall have a The Secretary is notified in writing at front yard setback of not less than 100 least 30 days in advance of the hearing feet from the nearest right-of-way line on the application for the variance or of a road or street. However, a lesser exception. The Secretary within 30 area than 5 acres may be utilized for days after the receipt of a request for such purposes if the property in ques- approval of a variance or exception,

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shall advise the owner or the Commis- to enforce the other provisions of this sion whether or not the intended use chapter. will subject the property to acquisition by condemnation. If more than 30 days § 34.3 Penalties. is required by the Secretary for such (a) A person convicted of violating a determination, he shall so notify the provision of the regulations contained owner or Commission, stating the addi- in this part shall be punished by a fine tional time required and the reasons not exceeding $500 or by imprisonment therefor. not exceeding 6 months, or both, and (d) The Secretary shall be given writ- shall be adjudged to pay all costs of the ten notice of any variance granted proceedings. under, or exception made to the appli- (b) Notwithstanding the provision of cation of, a zoning ordinance or amend- paragraph (a) of this section, a person ment thereof approved by him. The convicted of violating § 34.5(b)(15) of Secretary shall be provided a copy of this chapter shall be punished by a fine every use permit granted by the Shasta of not more than $100. County Planning Commission authorizing any use or development of lands § 34.4 Definitions. within the boundaries of the When used in regulations in this Whiskeytown Unit of the recreation part: area. Administrative site means all of the federally owned or controlled lands and PART 34—EL PORTAL waters administered by the National ADMINISTRATIVE SITE REGULATIONS Park Service pursuant to 16 U.S.C. 47– 1 (72 Stat. 1772), in the vicinity of El Sec. Portal, California. 34.1 Purpose. Leased lands means all lands within 34.2 Applicability and scope. the administrative site in which there 34.3 Penalties. is a lawful possessory interest in addi- 34.4 Definitions. 34.5 Applicable regulations. tion to that of the National Park Serv- 34.6 Fires. ice, which have been leased, permitted 34.7 Cultivation of controlled substances. or otherwise assigned by the Super- 34.8 Preservation of natural, cultural and intendent. All other lands within the archeological resources. administrative site are nonleased 34.9 Protective custody. lands. 34.10 Saddle and pack animals. 34.11 Boating operations. § 34.5 Applicable regulations. 34.12 Information collection. The following sections and para- AUTHORITY: 16 U.S.C. 1, 3, 47–1, 460l–6a(e). graphs of this chapter, as amended SOURCE: 51 FR 29103, Aug. 14, 1986, unless from time to time, apply to the admin- otherwise noted. istrative site and are hereby incorporated and made a part of this part § 34.1 Purpose. except as modified by the regulations These regulations provide for the in this part: protection of persons, property and (a) General provisions. (1) 1.2(d) Appli- natural and cultural resources within cability and scope; exception for ad- the El Portal Administrative Site. ministrative activities. (2) 1.4 Definitions. § 34.2 Applicability and scope. (3) 1.5 Closures and public use lim- (a) The regulations in this part apply its. to all persons entering, using, visiting, (4) 1.6 Permits. residing on or otherwise within the (5) 1.7 Public notice. boundaries of the El Portal Adminis- (b) Resource Protection, Public Use and trative Site. All regulations apply Recreation. (1) 2.1 Preservation of nat- throughout the site, with certain spe- ural, cultural and archeological re- cific exceptions provided for leased sources. lands. (2) 2.2 Wildlife protection. (b) The regulations in this part may (3) 2.3 (a), (c) and (f) Fishing. be enforced only by persons authorized (4) 2.4 Weapons, traps and nets.

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(5) 2.5 Research specimens. (3) 5.3 Business operations. (6) 2.10 Camping and food storage. (4) 5.5 Commercial photography. (7) 2.11 Picnicking. (5) 5.7 Construction of buildings or (8) 2.12 Audio disturbances. other facilities. (9) 2.13 Fires. (6) 5.8 Discrimination in employ- (10) 2.14 Sanitation. ment practices. (11) 2.15 (a) (1), (3), (4) and (5); (c); (7) 5.9 Discrimination in furnishing (d); (e) and (f) Pets. public accommodations and transpor- (12) 2.17 Aircraft and air delivery. tation services. (13) 2.21 Smoking. (14) 2.22 Property. (8) 5.13 Nuisances. (15) 2.23 Recreation fees. (9) 5.14 Prospecting, mining, and (16) 2.30 Misappropriation of prop- mineral leasing. erty and services. [51 FR 29103, Aug. 14, 1986, as amended at 52 (17) 2.31 Trespassing, tampering and FR 10686, Apr. 2, 1987] vandalism. (18) 2.32 Interfering with agency § 34.6 Fires. function. (a) All wildland, vehicular or struc- (19) 2.33 Report of injury or damage. tural fires shall be reported to the Su- (20) 2.34 Disorderly conduct. (21) 2.35 Alcoholic beverages and perintendent immediately. controlled substances. (b) Nonconflicting provisions of the (22) 2.36 (a) Gambling. California State Forest and Fire Laws (23) 2.37 Noncommercial soliciting. and Regulations are adopted as a part (24) 2.38 Explosives. of this part. Violation of any of these (25) 2.50 Special events. regulations is prohibited. (26) 2.51 Public assemblies, meet- (c) The kindling of any open fire, in- ings. cluding the burning of debris, is prohib- (27) 2.52 Sale or distribution of ited without a permit from the Super- printed matter. intendent. (28) 2.61 Residing on Federal lands. (d) On undeveloped, untended or oth- (29) 2.62 Memorialization. erwise open land, operating any equip- (c) Boating and Water Use Activities. ment powered by an internal combus- (1) 3.1 Applicable regulations. tion engine without a spark arrestor (2) 3.3 Permits. maintained in effective working order (3) 3.4 Accidents. is prohibited. Such spark arrestor shall (4) 3.5 Inspections. also meet either the USDA Forest (5) 3.6 (a) and (b) Prohibited oper- Service Standard 5100–1a or the Society ations. of Automotive Engineers Rec- (6) 3.21 (a) (1), (2) and (b) Swimming and bathing. ommended Practice J335 or J350. (d) Vehicles and traffic safety. (1) 4.2 (e) The Superintendent may, during State law applicable. periods of high fire danger or dimin- (2) 4.4 Report of motor vehicle acci- ished water supply, temporarily limit dent. use and consumption of domestic (3) 4.10(a), (c)(1) and (c)(2) Travel on water. These limitations shall be pub- park roads and designated routes. lished. Violation of a limitation estab- (4) 4.11 Load, weight and size limits. lished by the Superintendent is prohib- (5) 4.12 Traffic control devices. ited. (6) 4.14 Open container of alcoholic (f) An owner or operator of a com- beverage. mercial establishment located within (7) 4.21 Speed limits. the administrative site shall comply (8) 4.22 Unsafe operation. with applicable standards prescribed by (9) 4.23 Operating under the influence the National Fire Codes, Federal of alcohol or drugs. OSHA, CAL OSHA and other applicable (e) Commercial and Private Operations. laws, regulations and standards. (1) 5.1 Advertisements. (2) 5.2 Alcoholic beverages; sale of intoxicants.

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§ 34.7 Cultivation of controlled sub- either temporarily or permanently psy- stances. chologically or mentally impaired to a In addition to the provisions of § 2.35 degree that the person is gravely dis- of this chapter, the planting, culti- abled or that presents a clear danger to vating, harvesting, drying or proc- that person or another, may take such essing of a controlled substance, or any person into protective custody. An au- part thereof, is prohibited. thorized person taking protective custody action pursuant to this paragraph § 34.8 Preservation of natural, cultural shall deliver the person to the care of and archeological resources. the Mariposa County Mental Health In addition to the provisions of § 2.1 Authorities for an initial 72-hour eval- of this chapter, the following are in ef- uation in accordance with applicable fect: provisions of the California Welfare (a) Upon nonleased lands, the cutting and Institutions Code. or removal of any tree, plant, or shrub (c) An authorized person may take or part thereof is prohibited without a into protective custody any juvenile permit from the Superintendent. found within the administrative site (b) Upon leased lands, the cutting or who is deemed to be a runaway accord- removal of any tree, plant, shrub or ing to applicable provisions of the Cali- part thereof that is six inches or less in fornia Welfare and Institutions Code. diameter, for the purpose of maintain- An authorized person taking protective ing its proper health and appearance or custody action pursuant to this para- for reasons of public safety, is allowed. graph shall deliver the juvenile to the Cutting or removing any vegetation ex- care and custody of the Mariposa Coun- ceeding six inches in diameter without ty Sheriff’s Office. a permit from the Superintendent is prohibited. § 34.10 Saddle and pack animals. (c) Upon leased lands, the planting of The use of saddle and pack animals is personal gardens or domestic trees is prohibited without a permit from the allowed subject to all applicable Fed- Superintendent. eral, State, and County agricultural regulations. Provided, however: the Su- § 34.11 Boating operations. perintendent may temporarily suspend this general privilege in the event of a The launching or operation of a water shortage or agricultural pest or motor boat is prohibited. disease emergency. (d) Wood gathering is prohibited ex- § 34.12 Information collection. cept in accordance with conditions and The information collection require- within areas designated by the Super- ments contained in §§ 34.6, 34.8 and 34.10 intendent. Violation of such conditions have been approved by the Office of or gathering wood outside of des- Management and Budget under 44 ignated areas is prohibited. U.S.C. 3501 et seq., and assigned clearance number 1024–0026. This informa- § 34.9 Protective custody. tion is being collected to solicit infor- (a) An authorized person, with rea- mation necessary for the Super- sonable cause to believe that a juvenile intendent to issue permits and other found within the administrative site benefits, and to gather information. has been unlawfully abused or ne- This information will be used to grant glected by any person living in the ju- administrative benefits. The obligation venile’s place of residence, may take to respond is required to obtain a ben- such juvenile into protective custody. efit. An authorized person taking protective custody action pursuant to this para- PART 51—CONCESSION graph shall deliver the juvenile to the CONTRACTS care and custody of the appropriate State or local authorities. Subpart A—Authority and Purpose (b) An authorized person, with reasonable cause to believe that a person Sec. found within the administrative site is 51.1 What does this part cover?

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51.2 What is the policy underlying conces- Subpart E—Right of Preference to a New sions contracts? Concession Contract Subpart B—General Definitions 51.26 What solicitation, selection and award procedures apply when a preferred offeror 51.3 How are terms defined in this part? exists? 51.27 Who is a preferred offeror and what Subpart C—Solicitation, Selection and are a preferred offeror’s rights to the Award Procedures award of a new concession contract? 51.28 When will the Director determine 51.4 How will the Director invite the gen- whether a concessioner is a preferred of- eral public to apply for the award of a feror? concession contract? 51.29 How will I know when a preferred of- 51.5 What information will the prospectus feror exists? include? 51.30 What must a preferred offeror do be- 51.6 Will a concession contract be developed fore it may exercise a right of pref- for a particular potential offeror? erence? 51.7 How will information be provided to a 51.31 What happens if a preferred offeror potential offeror after the prospectus is does not submit a responsive proposal? issued? 51.32 What is the process if the Director de- 51.8 Where will the Director publish the no- termines that the best responsive pro- tice of availability of the prospectus? posal was not submitted by a preferred 51.9 How do I get a copy of the prospectus? offeror? 51.10 How long will I have to submit my 51.33 What if a preferred offeror does not proposal? timely amend its proposal to meet the 51.11 May the Director amend, extend, or terms and conditions of the best pro- cancel a prospectus of solicitation? posal? 51.12 Are there any other additional proce- 51.34 What will the Director do if a selected dures that I must follow to apply for a preferred offeror does not timely execute concession contract? the new concession contract? 51.13 When will the Director determine if 51.35 What happens to a right of preference proposals are responsive? if the Director receives no responsive 51.14 What happens if no responsive pro- proposals? posals are submitted? 51.15 May I clarify, amend or supplement Subpart F—Determining a Preferred Offeror my proposal after it is submitted? 51.16 How will the Director evaluate pro- 51.36 What conditions must be met before posals and select the best one? the Director determines that a conces- 51.17 What are the selection factors? sioner is a preferred offeror? 51.18 When must the Director reject a pro- 51.37 How will the Director determine that posal? a new concession contract is a qualified 51.19 Must the Director award the conces- concession contract? sion contract that is set forth in the pro- 51.38 How will the Director determine that spectus? a concession contract is an outfitter and 51.20 Does this part limit the authority of guide concession contract? the Director? 51.39 What are some examples of outfitter 51.21 When must the selected offeror exe- and guide concession contracts? cute the concession contract? 51.40 What are some factors to be consid- 51.22 When may the Director award the con- ered in determining that outfitter and cession contract? guide operations are conducted in the backcountry? Subpart D—Non-Competitive Award of 51.41 If the concession contract grants a Concession Contracts compensable interest in real property improvements, will the Director find 51.23 May the Director extend an existing that the concession contract is an out- concession contract without a public so- fitter and guide concession contract? licitation? 51.42 Are there exceptions to this compen- 51.24 May the Director award a temporary sable interest prohibition? concession contract without a public so- 51.43 Who will make the determination that licitation? a concession contract is an outfitter and 51.25 Are there any other circumstances in guide contract? which the Director may award a conces- 51.44 How will the Director determine if a sion contract without public solicita- concessioner was satisfactory for pur- tion? poses of a right of preference?

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51.45 Will a concessioner that has operated 51.64 May the concessioner gain additional for less than the entire term of a conces- leasehold surrender interest by under- sion contract be considered a satisfac- taking a major rehabilitation or adding tory operator? to a structure in which the concessioner 51.46 May the Director determine that a has a leasehold surrender interest? concessioner has not operated satisfac- 51.65 May the concessioner gain additional torily after a prospectus is issued? leasehold surrender interest by replacing 51.47 How does a person appeal a decision of a fixture in which the concessioner has a the Director that a concessioner is or is leasehold surrender interest? not a preferred offeror? 51.66 Under what conditions will a conces- 51.48 What happens to a right of preference sioner obtain a leasehold surrender inter- in the event of termination of a conces- est in existing real property improve- sion contract for unsatisfactory perform- ments in which no leasehold surrender ance or other breach? interest exists? 51.49 May the Director grant a right of pref- 51.67 Will a concessioner obtain leasehold erence except in accordance with this surrender interest as a result of repair part? and maintenance of real property im- 51.50 Does the existence of a preferred offer- provements? or limit the authority of the Director to establish the terms of a concession con- Subpart H—Possessory Interest tract? 51.68 If a concessioner under a 1965 Act con- Subpart G—Leasehold Surrender Interest cession contract is not awarded a new concession contract, how will a conces- 51.51 What special terms must I know to un- sioner that has a possessory interest re- derstand leasehold surrender interest? ceive compensation for its possessory in- 51.52 How do I obtain a leasehold surrender terest? interest? 51.69 What happens if there is a dispute be- 51.53 When may the Director authorize the tween a new concessioner and a prior construction of a capital improvement? concessioner as to the value of the prior 51.54 What must a concessioner do before concessioner’s possessory interest? beginning to construct a capital improvement? 51.70 If a concessioner under a 1965 Act con- 51.55 What must a concessioner do after cession contract is awarded a new con- substantial completion of the capital im- cession contract, what happens to the provement? concessioner’s possessory interest? 51.56 How will the construction cost for pur- 51.71 What is the process to be followed if poses of leasehold surrender interest there is a dispute between the prior con- value be determined? cessioner and the Director as to the 51.57 How does a concessioner request arbi- value of possessory interest? tration of the construction cost of a cap- 51.72 If a new concessioner is awarded the ital improvement? contract, what is the relationship be- 51.58 What actions may or must the conces- tween leasehold surrender interest and sioner take with respect to a leasehold possessory interest? surrender interest? 51.59 Will leasehold surrender interest be Subpart I—Concession Contract Provisions extinguished by expiration or termination of a leasehold surrender interest 51.73 What is the term of a concession con- concession contract or may it be taken tract? for public use? 51.74 When may a concession contract be 51.60 How will a new concession contract terminated by the Director? awarded to an existing concessioner 51.75 May the Director segment or split con- treat a leasehold surrender interest ob- cession contracts? tained under a prior concession contract? 51.76 May the Director include in a conces- 51.61 How is an existing concessioner who is sion contract or otherwise grant a con- not awarded a new concession contract cessioner a preferential right to provide paid for a leasehold surrender interest? new or additional visitor services? 51.62 What is the process to determine the 51.77 Will a concession contract provide a leasehold surrender interest value when concessioner an exclusive right to pro- the concessioner does not seek or is not vide visitor services? awarded a new concession contract? 51.78 Will a concession contract require a 51.63 When a new concessioner pays a prior franchise fee and will the franchise fee be concessioner for a leasehold surrender in- subject to adjustment? terest, what is the leasehold surrender 51.79 May the Director waive payment of a interest in the related capital improve- franchise fee or other payments? ments for purposes of a new concession 51.80 How will the Director establish fran- contract? chise fees for multiple outfitter and

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guide concession contracts in the same Subpart L—The Effect of the 1998 Act’s park area? Repeal of the 1965 Act 51.81 May the Director include ‘‘special account’’ provisions in concession con- 51.101 Did the 1998 Act repeal the 1965 Act? tracts? 51.102 What is the effect of the 1998 Act’s re- 51.82 Are a concessioner’s rates required to peal of the 1965 Act’s preference in re- be reasonable and subject to approval by newal? the Director? 51.103 Severability. 51.83 Sale of Native handicrafts. Subpart M—Information Collection Subpart J—Assignment or Encumbrance of Concession Contracts 51.104 Has OMB approved the collection of information?

51.84 What special terms must I know to un- AUTHORITY: 16 U.S.C. 1 et seq., particularly, derstand this part? 16 U.S.C. 3 and Title IV of the National 51.85 What assignments require the ap- Parks Omnibus Management Act of 1998 proval of the Director? (Pub. L. 105–391). 51.86 What encumbrances require the approval of the Director? SOURCE: 65 FR 20668, Apr. 17, 2000, unless 51.87 Does the concessioner have an uncon- otherwise noted. ditional right to receive the Director’s approval of an assignment or encum- Subpart A—Authority and Purpose brance? 51.88 What happens if an assignment or en- § 51.1 What does this part cover? cumbrance is completed without the approval of the Director? This part covers the solicitation, 51.89 What happens if there is a default on award, and administration of conces- an encumbrance approved by the Direc- sion contracts. The Director solicits, tor? awards and administers concession 51.90 How does the concessioner get the Di- contracts on behalf of the Secretary rector’s approval before making an as- under the authority of the Act of Au- signment or encumbrance? gust 25, 1916, as amended and supple- 51.91 What information may the Director mented, 16 U.S.C. 1 et seq. and Title IV require in the application? of the National Parks Omnibus Man- 51.92 What are standard proformas? agement Act of 1998 (Public Law 105– 51.93 If the transaction includes more than 391). The purpose of concession con- one concession contract, how must required information be provided? tracts is to authorize persons (conces- 51.94 What information will the Director sioners) to provide visitor services in consider when deciding to approve a park areas. All concession contracts transaction? are to be consistent with the require- 51.95 Does the Director’s approval of an as- ments of this part. In accordance with signment or encumbrance include any section 403 of the 1998 Act, the Director representations of any nature? will utilize concession contracts to au- 51.96 May the Director amend or extend a thorize the provision of visitor services concession contract for the purpose of fa- in park areas, except as may otherwise cilitating a transaction? be authorized by law. For example, the 51.97 May the Director open to renegotiation or modify the terms of a concession Director may enter into commercial contract as a condition to the approval use authorizations under section 418 of of a transaction? the 1998 Act and may enter into agreements with non-profit organizations Subpart K—Information and Access to for the sale of interpretive materials Information and conduct of interpretive programs for a fee or charge in park areas. In ad- 51.98 What records must the concessioner dition, the Director may, as part of an keep and what access does the Director have to records? interpretive program agreement other- 51.99 What access to concessioner records wise authorized by law, authorize a will the Comptroller General have? non-profit organization to provide inci- 51.100 When will the Director make pro- dental visitor services that are nec- posals and evaluation documents pub- essary for the conduct of the interpre- licly available? tive program. Nothing in this part

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amends, supersedes, or otherwise af- contracts are not contracts within the fects any provision of the Alaska Na- meaning of 41 U.S.C. 601 et seq. (the tional Interest Lands Conservation Act Contract Disputes Act) and are not (16 U.S.C. 3101 et seq.) relating to rev- service or procurement contracts with- enue-producing visitor services. in the meaning of statutes, regulations or policies that apply only to federal § 51.2 What is the policy underlying concessions contracts? service contracts or other types of federal procurement actions. Concession It is the policy of the Congress and contracts will contain such terms and the Secretary that visitor services in conditions as are required by this part park areas may be provided only under or law and as are otherwise appropriate carefully controlled safeguards against in furtherance of the purposes of this unregulated and indiscriminate use so that visitation will not unduly impair part and the 1998 Act. park values and resources. Develop- A concessioner is an individual, cor- ment of visitor services in park areas poration, or other legally recognized will be limited to locations that are entity that duly holds a concession consistent to the highest practicable contract. degree with the preservation and con- Director means the Director of the servation of the resources and values of National Park Service (acting on be- the park area. It is also the policy of half of the Secretary), or an authorized the Congress and the Secretary of the representative of the Director, except Interior that development of visitor where a particular official is specifi- services in park areas must be limited cally identified in this part. In cir- to those as are necessary and appro- cumstances where this part calls for an priate for public use and enjoyment of appeal to the Director, the appeal shall the park area in which they are lo- be considered by an official of higher cated. authority than the official that made the disputed decision. Subpart B—General Definitions A franchise fee is the consideration paid to the Director by a concessioner § 51.3 How are terms defined in this part? for the privileges granted by a concession contract. To understand this part, you must Offeror means an individual, corpora- refer to these definitions, applicable in tion, or other legally recognized entity, the singular or the plural, whenever these terms are used in this part: including an existing concessioner, The 1965 Act means Public Law 89–249, that submits a proposal for a conces- commonly known as the National Park sion contract. If the entity that is to Service Concession Policies Act of 1965. be the concessioner is not formally in A 1965 Act concession contract is a con- existence as of the time of submission cession contract or permit entered into of a proposal, a proposal must dem- under the authority of the 1965 Act. onstrate that the individuals or organi- The 1998 Act means Title IV of Public zations that intend to establish the en- Law 105–391. tity that will become the concessioner The award of a concession contract is have the ability and are legally obliged the establishment of a legally binding to cause the entity to be a qualified concession contract. It occurs only person as defined in this part. In addi- when the Director and a selected offer- tion, if the entity that will be the con- or both fully execute a concession concessioner is not established at the time tract. of submission of a proposal, the pro- A concession contract (or contract) posal must contain assurances satisfac- means a binding written agreement be- tory to the Director that the entity tween the Director and a concessioner that will be the concessioner will be a entered under the authority of this qualified person as of the date of the part or the 1965 Act that authorizes the award of the contract and otherwise concessioner to provide certain visitor services within a park area under spec- have the ability to carry out the com- ified terms and conditions. Concession mitments made in the proposal.

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Possessory interest means an interest appropriate for public use and enjoy- in real property improvements as de- ment of a park area provided to park fined by the 1965 Act obtained by a con- area visitors for a fee or charge by a cessioner under a possessory interest person other than the Director. The fee concession contract. Possessory inter- or charge paid by the visitor may be di- est, for the purposes of this part, does rect or indirect as part of the provision not include any interest in property in of comprehensive visitor services (e.g., which no possessory interest, as de- when a lodging concessioner may pro- fined by the 1965 Act, exists. vide free transportation services to A possessory interest concession con- guests). Visitor services may include, tract means a 1965 Act concession con- but are not limited to, lodging, camp- tract that provides the concessioner a grounds, food service, merchandising, possessory interest. tours, recreational activities, guiding, A preferred offeror is a concessioner transportation, and equipment rental. that the Director determines is eligible Visitor services also include the sale of to exercise a right of preference to the interpretive materials or the conduct award of a qualified concession con- of interpretive programs for a fee or tract in accordance with this part. charge to visitors. A qualified concession contract is a new concession contract that the Di- Subpart C—Solicitation, Selection rector determines to be a qualified con- and Award Procedures cession contract for right of preference purposes. § 51.4 How will the Director invite the A qualified person is an individual, general public to apply for the corporation or other legally recognized award of a concession contract? entity that the Director determines (a) The Director must award all con- has the experience and financial ability cession contracts, except as otherwise to satisfactorily carry out the terms of expressly provided in this part, a concession contract. This experience through a public solicitation process. and financial ability includes, but is The public solicitation process begins not limited to, the ability to protect with the issuance of a prospectus. The and preserve the resources of the park prospectus will invite the general pub- area and the ability to provide satisfac- lic to submit proposals for the con- tory visitor services at reasonable tract. The prospectus will describe the rates to the public. terms and conditions of the concession A responsive proposal means a timely contract to be awarded and the proce- submitted proposal that is determined dures to be followed in the selection of by the Director as agreeing to all of the best proposal. the minimum requirements of the pro- (b) Except as provided under § 51.47 posed concession contract and pro- (which calls for a final administrative spectus and as having provided the in- decision on preferred offeror appeals formation required by the prospectus. prior to the selection of the best pro- A right of preference is the pref- posal) the terms, conditions and deter- erential right of renewal set forth in minations of the prospectus and the Section 403(7)(C) of the 1998 Act which terms and conditions of the proposed requires the Director to allow a pre- concession contract as described in the ferred offeror the opportunity to match prospectus, including, without limita- the terms and conditions of a com- tion, its minimum franchise fee, are peting responsive proposal that the Di- not final until the concession contract rector has determined to be the best is awarded. The Director will not issue proposal for a qualified concession con- a prospectus for a concession contract tract. A right of preference does not earlier than eighteen months prior to provide any rights of any nature to es- the expiration of a related existing tablish or negotiate the terms and con- concession contract. ditions of a concession contract to which a right of preference may apply. § 51.5 What information will the pro- Visitor services means accommoda- spectus include? tions, facilities and services deter- The prospectus must include the fol- mined by the Director as necessary and lowing information:

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(a) The minimum requirements of ken out by department for the three the concession contract. The minimum most recent years; franchise fees requirements of the concession con- charged under the current concession tract, include, but are not limited to contract for the three most recent the following: years; merchandise inventories of the (1) The minimum acceptable fran- current concessioner for the three most chise fee or other forms of consider- recent years; and the depreciable fixed ation to the Government; assets and net depreciable fixed assets (2) The minimum visitor services of the current concessioner; and that the concessioner is to be author- (g) Identification of a preferred offer- ized to provide; or for a qualified concession contract, (3) The minimum capital investment, if any, and, if a preferred offeror exists, if any, that the concessioner must make; a description of a right of preference to (4) The minimum measures that the the award of the concession contract. concessioner must take to ensure the § 51.6 Will a concession contract be de- protection, conservation, and preserva- veloped for a particular potential tion of the resources of the park area; offeror? and (5) Any other minimum requirements The terms and conditions of a conces- that the new contract may specify, in- sion contract must represent the re- cluding, as appropriate and without quirements of the Director in accord- limitation, measurable performance ance with the purposes of this part and standards; must not be developed to accommodate (b) The terms and conditions of a cur- the capabilities or limitations of any rent concession contract, if any, relat- potential offeror. The Director must ing to the visitor services to be pro- not provide a current concessioner or vided, including all fees and other other person any information as to the forms of compensation provided to the content of a proposed or issued pro- Director under such contract; spectus that is not available to the (c) A description of facilities and general public. services, if any, that the Director may provide to the concessioner under the § 51.7 How will information be pro- terms of the concession contract, in- vided to a potential offeror after cluding, but not limited to, public ac- the prospectus is issued? cess, utilities and buildings; Material information directly related (d) An estimate of the amount of any to the prospectus and the concession compensation due a current conces- contract (except when otherwise pub- sioner from a new concessioner under licly available) that the Director pro- the terms of an existing or prior concession contract; vides to any potential offeror prior to (e) A statement identifying each the submission of proposals must be principal selection factor for proposals, made available to all persons who have including subfactors, if any, and sec- requested a copy of the prospectus. ondary factors, if any, and the weight and relative importance of the prin- § 51.8 Where will the Director publish cipal and any secondary factors in the the notice of availability of the prospectus? selection decision; (f) Such other information related to The Director will publish notice of the proposed concession contract as is the availability of the prospectus at provided to the Director pursuant to a least once in the Commerce Business concession contract or is otherwise Daily or in a similar publication if the available to the Director, as the Direc- Commerce Business Daily ceases to be tor determines is necessary to allow for published. The Director may also pub- the submission of competitive pro- lish notices, if determined appropriate posals. Among other such necessary in- by the Director, electronically or in formation a prospectus will contain local or national newspapers or trade (when applicable) are the gross receipts magazines. of the current concession contract bro-

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§ 51.9 How do I get a copy of the pro- may include, as appropriate and with- spectus? out limitation, a reduced application The Director will make the pro- package, a shorter proposal submission spectus available upon request to all period, and a reduction of proposal in- interested persons. The Director may formation requirements. charge a reasonable fee for a prospectus, not to exceed printing, binding § 51.13 When will the Director determine if proposals are responsive? and mailing costs. The Director will determine if pro- § 51.10 How long will I have to submit posals are responsive or non-responsive my proposal? prior to or as of the date of selection of The Director will allow an appro- the best proposal. priate period for submission of proposals that is not less than 60 days un- § 51.14 What happens if no responsive less the Director determines that a proposals are submitted? shorter time is appropriate in the cir- If no responsive proposals are sub- cumstances of a particular solicitation. mitted, the Director may cancel the so- Proposals that are not timely sub- licitation, or, after cancellation, estab- mitted will not be considered by the lish new contract requirements and Director. issue a new prospectus.

§ 51.11 May the Director amend, ex- § 51.15 May I clarify, amend or supple- tend, or cancel a prospectus of so- ment my proposal after it is sub- licitation? mitted? The Director may amend a pro- (a) The Director may request from spectus or extend the submission date, any offeror who has submitted a timely or both, prior to and on the proposal proposal a written clarification of its due date. The Director may cancel a proposal. Clarification refers to mak- solicitation at any time prior to award ing clear any ambiguities that may of the concession contract if the Direc- have been contained in a proposal but tor determines in his discretion that does not include amendment or sup- this action is appropriate in the public plementation of a proposal. An offeror interest. No offeror or other person will may not amend or supplement a pro- obtain compensable or other legal posal after the submission date unless rights as a result of an amended, ex- requested by the Director to do so and tended, canceled, or resolicited solici- the Director provides all offerors that tation for a concession contract. submitted proposals a similar oppor- [79 FR 58263, Sept. 29, 2014] tunity to amend or supplement their proposals. Permitted amendments § 51.12 Are there any other additional must be limited to modifying par- procedures that I must follow to ticular aspects of proposals resulting apply for a concession contract? from a general failure of offerors to un- The Director may specify in a pro- derstand particular requirements of a spectus additional solicitation and/or prospectus or a general failure of selection procedures consistent with offerors to submit particular informa- the requirements of this part in the in- tion required by a prospectus. terest of enhancing competition. Such (b) A proposal may suggest changes additional procedures may include, but to the terms and conditions of a pro- are not limited to, issuance of a two- posed concession contract and still be phased prospectus—a qualifications considered as responsive so long as the phase and a proposal phase. The Direc- suggested changes are not conditions tor will incorporate simplified adminis- to acceptance of the terms and condi- trative requirements and procedures in tions of the proposed concession con- prospectuses for concession contracts tract. The fact that a proposal may that the Director considers are likely suggest changes to the proposed con- to be awarded to a sole proprietorship cession contract does not mean that or are likely to have annual gross re- the Director may accept those changes ceipts of less than $100,000. Such sim- without a resolicitation of the conces- plified requirements and procedures sion opportunity.

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§ 51.16 How will the Director evaluate (1) The responsiveness of the proposal proposals and select the best one? to the objectives, as described in the (a) The Director will apply the selec- prospectus, of protecting, conserving, tion factors set forth in § 51.17 by as- and preserving resources of the park sessing each timely proposal under area; each of the selection factors on the (2) The responsiveness of the proposal basis of a narrative explanation, dis- to the objectives, as described in the cussing any subfactors when applica- prospectus, of providing necessary and ble. For each selection factor, the Di- appropriate visitor services at reason- rector will assign a score that reflects able rates; the determined merits of the proposal (3) The experience and related back- under the applicable selection factor ground of the offeror, including the and in comparison to the other pro- past performance and expertise of the posals received, if any. The first four offeror in providing the same or simi- principal selection factors will be lar visitor services as those to be pro- scored from zero to five. The fifth se- vided under the concession contract; lection factor will be scored from zero (4) The financial capability of the of- to four (with a score of one for agreeing feror to carry out its proposal; and to the minimum franchise fee con- (5) The amount of the proposed min- tained in the prospectus). The sec- imum franchise fee, if any, and/or other ondary factor set forth in § 51.17(b)(1) forms of financial consideration to the will be scored from zero to three. Any Director. However, consideration of additional secondary selection factors revenue to the United States will be set forth in the prospectus will be subordinate to the objectives of pro- scored as specified in the prospectus tecting, conserving, and preserving re- provided that the aggregate possible sources of the park area and of pro- point score for all additional secondary viding necessary and appropriate vis- selection factors may not exceed a itor services to the public at reason- total of three. able rates. (b) The Director will then assign a (b) The secondary selection factors cumulative point score to each pro- are: posal based on the assigned score for (1) The quality of the offeror’s pro- each selection factor. posal to conduct its operations in a (c) The responsive proposal with the manner that furthers the protection, highest cumulative point score will be conservation and preservation of park selected by the Director as the best area and other resources through envi- proposal. If two or more responsive ronmental management programs and proposals receive the same highest activities, including, without limita- point score, the Director will select as tion, energy conservation, waste reduc- the best proposal (from among the re- tion, and recycling. A prospectus may sponsive proposals with the same high- exclude this secondary factor if the est point score), the responsive pro- prospectus solicits proposals for a con- posal that the Director determines on cession contract that is anticipated to the basis of a narrative explanation have annual gross receipts of less than will, on an overall basis, best achieve $100,000 and the activities that will be the purposes of this part. Consideration conducted under the contract are de- of revenue to the United States in this termined by the Director as likely to determination and in scoring proposals have only limited impacts on the re- under principal selection factor five sources of the park area; and will be subordinate to the objectives of (2) Any other selection factors the protecting, conserving, and preserving Director may adopt in furtherance of the resources of the park area and of the purposes of this part, including providing necessary and appropriate where appropriate and otherwise per- visitor services to the public at reason- mitted by law, the extent to which a able rates. proposal calls for the employment of Indians (including Native Alaskans) § 51.17 What are the selection factors? and/or involvement of businesses owned (a) The five principal selection fac- by Indians, Indian tribes, Native Alas- tors are: kans, or minority or women-owned

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businesses in operations under the pro- § 51.22 When may the Director award posed concession contract. the concession contract? (c) A prospectus may include subfac- Before awarding a concession con- tors under each of the principal and tract with anticipated annual gross re- secondary factors to describe specific ceipts in excess of $5,000,000 or of more elements of the selection factor. than 10 years in duration, the Director must submit the concession contract § 51.18 When must the Director reject to the Committee on Natural Re- a proposal? sources of the House of Representatives The Director must reject any pro- and the Committee on Energy and Nat- posal received, regardless of the fran- ural Resources of the Senate. The Di- chise fee offered, if the Director makes rector must not award any such con- any of the following determinations: cession contract until 60 days after the the offeror is not a qualified person as submission. Award of these contracts defined in this part; The offeror is not may not be made without the Direc- likely to provide satisfactory service; tor’s written approval. The Director the proposal is not a responsive pro- may not delegate this approval except posal as defined in this part; or, the to a Deputy Director or an Associate proposal is not responsive to the objec- Director. The Director may award a tives of protecting and preserving the concession contract that is not subject to these or other special award require- resources of the park area and of pro- ments at any time after selection of viding necessary and appropriate serv- the best proposal and execution of the ices to the public at reasonable rates. concession contract by the offeror. § 51.19 Must the Director award the [65 FR 20668, Apr. 17, 2000, as amended at 79 concession contract that is set forth FR 58263, Sept. 29, 2014] in the prospectus? Except for incorporating into the Subpart D—Non-Competitive concession contract appropriate ele- Award of Concession Contracts ments of the best proposal, the Direc- tor must not award a concession con- § 51.23 May the Director extend an ex- tract which materially amends or does isting concession contract without a public solicitation? not incorporate the terms and conditions of the concession contract as set Notwithstanding the public solicita- forth in the prospectus. tion requirements of this part, the Di- rector may award non-competitively § 51.20 Does this part limit the author- an extension or extensions of an exist- ity of the Director? ing concession contract to the current concessioner for additional terms not Nothing in this part may be con- to exceed three years in the aggregate, strued as limiting the authority of the e.g., the Director may award one exten- Director at any time to determine sion with a three year term, two con- whether to solicit or award a conces- secutive extensions, one with a two sion contract, to cancel a solicitation, year term and one with a one year or to terminate a concession contract term, or three consecutive extensions in accordance with its terms. with a term of one year each. The Di- rector may award such extensions only § 51.21 When must the selected offeror if the Director determines that the ex- execute the concession contract? tension is necessary to avoid interrup- The selected offeror must execute the tion of visitor services. Before deter- concession contract promptly after se- mining to award such a contract exten- lection of the best proposal and within sion, the Director must take all rea- the time established by the Director. If sonable and appropriate steps to con- the selected offeror fails to execute the sider alternatives to avoid an interrup- concession contract in this period, the tion of visitor services. Further, the Director may select another responsive Director must publish notice in the proposal or may cancel the selection FEDERAL REGISTER of the proposed ex- and resolicit the concession contract. tension at least 30 days in advance of

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the award of the extension (except in temporary concession contract under emergency situations). paragraph (a) of this section.

§ 51.24 May the Director award a tem- [79 FR 58263, Sept. 29, 2014] porary concession contract without a public solicitation? § 51.25 Are there any other circumstances in which the Director (a) Notwithstanding the public solici- may award a concession contract tation requirements of this part, the without public solicitation? Director may non-competitively award Notwithstanding the public solicita- a temporary concession contract or tion requirements of this part, the Di- contracts for consecutive terms not to rector may award a concession con- exceed three years in the aggregate— tract non-competitively to any quali- e.g., the Director may award one tem- fied person if the Director determines porary contract with a three year both that such an award is otherwise term; two consecutive temporary con- consistent with the requirements of tracts, one with a two year term and this part and that extraordinary cir- one with a one year term; or three con- cumstances exist under which compel- secutive temporary contracts with a ling and equitable considerations re- term of one year each—to any qualified quire the award of the concession con- person for the conduct of particular tract to a particular qualified person in visitor services in a park area if the Di- the public interest. Indisputable equi- rector determines that the award is table considerations must be the deter- necessary to avoid interruption of vis- minant of such circumstances. The Di- itor services. Before determining to rector must publish a notice of his in- award a temporary concession con- tention to award a concession contract tract, the Director must take all rea- to a specified person under these cir- sonable and appropriate steps to con- cumstances and the reasons for the sider alternatives to avoid an interrup- proposed award in the FEDERAL REG- tion of visitor services. Further, the Director must publish notice in the ISTER at least 60 days before the concession contract is awarded. In addi- FEDERAL REGISTER of the proposed temporary concession contract at least tion, the Director also must notify the 30 days in advance of its award (except Committee on Energy and Natural Re- in emergency situations). A temporary sources of the Senate and the Com- concession contract may not be ex- mittee on Resources of the House of tended. A temporary concession con- Representatives at least 60 days before tract may be awarded to continue vis- the contract is awarded. The Director itor services that were provided under must personally approve any such an extended concession contract pursu- award and may only do so with the ant to the terms and conditions in this prior written approval of the Sec- paragraph. A temporary concession retary. contract awarded under the authority of the prior sentence will be considered Subpart E—Right of Preference to as a contract extension for purposes of a New Concession Contract determining the existence of a preferred offeror under § 51.44. § 51.26 What solicitation, selection and (b) [Reserved] award procedures apply when a (c) A concessioner holding a tem- preferred offeror exists? porary concession contract will not be The solicitation, selection and award eligible for a right of preference to a procedures described in this part will qualified concession contract that re- apply to the solicitation, selection and places a temporary contract unless the award of contracts for which a pre- concessioner holding the temporary ferred offeror exists, except as modified concession contract was determined or by this subpart, subpart F and other was eligible to be determined a pre- sections of this part related to preferred offeror under an extended con- ferred offerors and/or a right of pref- cession contract that was replaced by a erence.

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§ 51.27 Who is a preferred offeror and the offeror submitting the best respon- what are a preferred offeror’s sive proposal. rights to the award of a new concession contract? § 51.32 What is the process if the Di- (a) A preferred offeror is a conces- rector determines that the best responsive proposal was not sub- sioner that the Director has deter- mitted by a preferred offeror? mined is eligible to exercise a right of preference to the award of a qualified If the Director determines that a pro- new concession contract in accordance posal other than the responsive pro- with this part. posal submitted by a preferred offeror (b) A right of preference is the right is the best proposal submitted for a of a preferred offeror, if it submits a re- qualified concession contract, then the sponsive proposal for a qualified con- Director must advise the preferred of- cession contract, to match in accord- feror of the better terms and condi- ance with the requirements of this part tions of the best proposal and permit the terms and conditions of a com- the preferred offeror to amend its pro- peting proposal that the Director has posal to match them. An amended pro- determined to be the best responsive posal must match the better terms and proposal. conditions of the best proposal as determined by the Director. If the pre- § 51.28 When will the Director deter- ferred offeror duly amends its proposal mine whether a concessioner is a within the time period allowed by the preferred offeror? Director, and the Director determines Subject to §§ 51.46 and 51.47, the Di- that the amended proposal matches the rector will determine whether a con- better terms and conditions of the best cessioner is a preferred offeror in ac- proposal, then the Director must select cordance with this part no later than the preferred offeror for award of the the date of issuance of a prospectus for contract upon the amended terms and the applicable new concession con- conditions, subject to other applicable tract. requirements of this part.

§ 51.29 How will I know when a pre- § 51.33 What if a preferred offeror does ferred offeror exists? not timely amend its proposal to meet the terms and conditions of If the Director has determined that a the best proposal? preferred offeror exists for a qualified concession contract under this part, If a preferred offeror does not amend the Director will identify the preferred its proposal to meet the terms and con- offeror in the applicable prospectus and ditions of the best proposal within the describe the preferred offeror’s right of time period allowed by the Director, preference. the Director will select for award of the contract the offeror that submitted § 51.30 What must a preferred offeror the best responsive proposal. do before it may exercise a right of preference? § 51.34 What will the Director do if a A preferred offeror must submit a re- selected preferred offeror does not sponsive proposal pursuant to the timely execute the new concession contract? terms of an applicable prospectus for a qualified concession contract if the If a selected preferred offeror fails to preferred offeror wishes to exercise a execute the concession contract in the right of preference. time period specified by the Director, the Director either will select for § 51.31 What happens if a preferred of- award of the concession contract the feror does not submit a responsive offeror that submitted the best respon- proposal? sive proposal, or will cancel the solici- If a preferred offeror fails to submit a tation and may resolicit the concession responsive proposal, the offeror may contract but only without recognition not exercise a right of preference. The of a preferred offeror or right of pref- concession contract will be awarded to erence.

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§ 51.35 What happens to a right of from those authorized under the pre- preference if the Director receives vious concession contract; and either no responsive proposals? (b) The new concession contract that If the Director receives no responsive is to replace the previous concession proposals, including a responsive pro- contract is estimated to result in, as posal from a preferred offeror, in re- determined by the Director, annual sponse to a prospectus for a qualified gross receipts of less than $500,000 in concession contract for which a pre- the first 12 months of its term; or ferred offeror exists, the Director must (c) The new concession contract is an cancel the solicitation and may re- outfitter and guide concession contract as described in this part. solicit the concession contract or take other appropriate action in accordance § 51.38 How will the Director deter- with this part. No right of preference mine that a concession contract is will apply to a concession contract re- an outfitter and guide concession solicited under this section unless the contract? contract is resolicited upon terms and The Director will determine that a conditions materially more favorable concession contract is an outfitter and to offerors than those contained in the guide concession contract if the Direc- original contract. tor determines that: (a) The concession contract solely Subpart F—Determining a authorizes or requires (except for park Preferred Offeror area access purposes) the conduct of specialized outdoor recreation guide § 51.36 What conditions must be met services in the backcountry of a park before the Director determines that area; and a concessioner is a preferred offer- (b) The conduct of operations under or? the concession contract requires em- A concessioner is a preferred offeror ployment of specially trained and expe- if the Director determines that the fol- rienced guides to accompany park visi- lowing conditions are met: tors who otherwise may not have the (a) The concessioner was a satisfac- skills and equipment to engage in the tory concessioner during the term of activity and to provide a safe and en- its concession contract as determined joyable experience for these visitors. under this part; § 51.39 What are some examples of out- (b) The applicable new contract is a fitter and guide concession con- qualified concession contract as deter- tracts? mined under this part; and Outfitter and guide concession con- (c) If applicable, the concessioner’s tracts may include, but are not limited previous concession contract was an to, concession contracts which solely outfitter and guide concession contract authorize or require the guided conduct as determined under this part. of river running, hunting (where otherwise lawful in a park area), fishing, § 51.37 How will the Director deter- horseback, camping, and mountain- mine that a new concession contract is a qualified concession con- eering activities in the backcountry of tract? a park area. A new concession contract is a quali- § 51.40 What are some factors to be fied concession contract if the Director considered in determining that out- determines that: fitter and guide operations are con- (a) The new concession contract pro- ducted in the backcountry? vides for the continuation of the vis- Determinations as to whether out- itor services authorized under a pre- fitter and guide operations are con- vious concession contract. The visitor ducted in the backcountry of a park services to be continued under the new area will be made on a park-by-park contract may be expanded or dimin- basis, taking into account the park ished in scope but, for purposes of a area’s particular geographic cir- qualified concession contract, may not cumstances. Factors that generally materially differ in nature and type may indicate that outfitter and guide

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operations are conducted in the § 51.44 How will the Director deter- backcountry of a park area include, mine if a concessioner was satisfac- without limitation, the fact that: tory for purposes of a right of pref- (a) The operations occur in areas re- erence? mote from roads and developed areas; To be a satisfactory concessioner for (b) The operations are conducted the purposes of a right of preference, within a designated natural area of a the Director must determine that the park area; concessioner operated satisfactorily on (c) The operations occur in areas an overall basis during the term of its where search and rescue support is not applicable concession contract, includ- readily available; and ing extensions of the contract. The Di- (d) All or a substantial portion of the rector will base this determination in consideration of annual evaluations operations occur in designated or pro- made by the Director of the conces- posed wilderness areas. sioner’s performance under the terms [65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. of the applicable concession contract 7, 2000] and other relevant facts and circumstances. The Director must deter- § 51.41 If the concession contract mine that a concessioner did not oper- grants a compensable interest in ate satisfactorily on an overall basis real property improvements, will during the term of a concession con- the Director find that the conces- tract if the annual evaluations of the sion contract is an outfitter and concessioner made subsequent to May guide concession contract? 17, 2000 are less than satisfactory for The Director will find that a conces- any two or more years of operation sion contract is not an outfitter and under the concession contract. guide contract if the contract grants any compensable interest in real prop- § 51.45 Will a concessioner that has op- erty improvements on lands owned by erated for less than the entire term the United States within a park area. of a concession contract be considered a satisfactory operator? § 51.42 Are there exceptions to this The Director will determine that a compensable interest prohibition? concessioner has operated satisfac- Two exceptions to this compensable torily on an overall basis during the interest prohibition exist: term of a concession contract only if the concessioner (including a new con- (a) The prohibition will not apply to cessioner resulting from an assignment real property improvements lawfully as described in this part, including, constructed by a concessioner with the without limit, an assignment of a con- written approval of the Director in ac- trolling interest in a concessioner as cordance with the express terms of a defined in this part) has or will have 1965 Act concession contract; and operated for more than two years (b) The prohibition will not apply to under a concession contract with a real property improvements con- term of more than five years or for one structed and owned in fee simple by a year under a concession contract with concessioner or owned in fee simple by a term of five years or less. For pur- a concessioner’s predecessor before the poses of this section, a new conces- land on which they were constructed sioner’s first day of operation under an was included within the boundaries of assigned concession contract (or as a the applicable park area. new concessioner after approval of an assignment of a controlling interest in § 51.43 Who will make the determina- a concessioner) will be the day the Di- tion that a concession contract is rector approves the assignment pursu- an outfitter and guide contract? ant to this part. If the Director deter- Only a Deputy Director or an Asso- mines that an assignment was com- ciate Director will make the deter- pelled by circumstances beyond the mination that a concession contract is control of the assigning concessioner, or is not an outfitter and guide con- the Director may make an exception to tract. the requirements of this section.

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§ 51.46 May the Director determine termines that good cause for an exten- that a concessioner has not oper- sion exists. ated satisfactorily after a pro- (b) The appeal provided by this sec- spectus is issued? tion will not apply to determinations The Director may determine that a that a concessioner is not a preferred concessioner has not operated satisfac- offeror as a consequence of two or more torily on an overall basis during the less than satisfactory annual evalua- term of a current concession contract, tions as described in this part as the and therefore is not a preferred offeror, concessioner is given an opportunity to after a prospectus for a new contract appeal those evaluations after they are has been issued and prior to the selec- made in accordance with applicable ad- tion of the best proposal submitted in response to a prospectus. In cir- ministrative guidelines. cumstances where the usual time of an (c) The Director must consider an ap- annual evaluation of a concessioner’s peal under this section personally or performance may not occur until after must authorize a Deputy Director or the selection of the best proposal sub- Associate Director to consider the ap- mitted in response to a prospectus, the peal. The deciding official must pre- Director will make an annual perform- pare a written decision on the appeal, ance evaluation based on a shortened taking into account the content of the operations period prior to the selection appeal, other written information of the best proposal. Such shorter oper- available, and the requirements of this ations period, however, must encom- part. The written decision on the ap- pass at least 6 months of operations peal must be issued by the date of se- from the previous annual performance lection of the best proposal submitted evaluation. In the event the conces- in response to a prospectus. If the ap- sioner receives a second less than satis- peal results in a concessioner being de- factory annual evaluation (including, termined a preferred offeror, then the without limitation, one based on a concessioner will have a right of pref- shortened operations period), the pro- erence to the qualified concession con- spectus must be amended to delete a tract as described in and subject to the right of preference or canceled and re- conditions of this part, including, but issued without recognition of a right of not limited to, the obligation to sub- preference to the new concession con- mit a responsive proposal pursuant to tract. the terms of the related prospectus. If [65 FR 20668, Apr. 17, 2000; 65 FR 54155, Sept. the appeal results in a determination 7, 2000] that a concessioner is not a preferred § 51.47 How does a person appeal a de- offeror, no right of preference will cision of the Director that a conces- apply to the award of the related con- sioner is or is not a preferred offer- cession contract and the award will be or? made in accordance with the require- (a) Except as stated in paragraph (b) ments of this part. of this section, any person may appeal (d) No person will be considered as to the Director a determination that a having exhausted administrative rem- concessioner is or is not a preferred of- edies with respect to a determination feror for the purposes of a right of pref- by the Director that a concessioner is erence in renewal, including, without or is not a preferred offeror until the limitation, whether the applicable new Director issues a written decision in re- concession contract is or is not a quali- sponse to an appeal submitted pursu- fied concession contract as described in ant to this section, or, where applica- this part. This appeal must specify the ble, pursuant to an appeal provided by grounds for the appeal and be received the administrative guidelines described by the Director in writing no later in paragraph (b) of this section. The de- than 30 days after the date of the deter- cision of the Director is final agency mination. If applicable, the Director action. may extend the submission date for an appeal under this section upon request by the concessioner if the Director de-

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§ 51.48 What happens to a right of Arbitration means binding arbitration preference in the event of termi- conducted by an arbitration panel. All nation of a concession contract for arbitration proceedings conducted unsatisfactory performance or under the authority of this subpart or other breach? subpart H of this part will utilize the Nothing in this part will limit the following procedures unless otherwise right of the Director to terminate a agreed by the concessioner and the Di- concession contract pursuant to its rector. One member of the arbitration terms at any time for less than satis- panel will be selected by the conces- factory performance or otherwise. If a sioner, one member will be selected by concession contract is terminated for the Director, and the third (neutral) less than satisfactory performance or member will be selected by the two other breach, the terminated conces- party-appointed members. The neutral sioner, even if otherwise qualified, will arbiter must be a licensed real estate not be eligible to be a preferred offeror. The fact that the Director may not appraiser. The expenses of the neutral have terminated a concession contract arbiter and other associated common for less than satisfactory performance costs of the arbitration will be borne or other breach will not limit the au- equally by the concessioner and the Di- thority of the Director to determine rector. The arbitration panel will adopt that a concessioner did not operate sat- procedures that treat each party equal- isfactorily on an overall basis during ly, give each party the opportunity to the term of a concession contract. be heard, and give each party a fair opportunity to present its case. Adjudica- § 51.49 May the Director grant a right tive procedures are not encouraged but of preference except in accordance may be adopted by the panel if deter- with this part? mined necessary in the circumstances The Director may not grant a conces- of the dispute. Determinations must be sioner or any other person a right of made by a majority of the members of preference or any other form of entitle- the panel and will be binding on the ment of any nature to a new concession concessioner and the Director. contract, except in accordance with A capital improvement is a structure, this part or in accordance with 36 CFR fixture, or non-removable equipment part 13. provided by a concessioner pursuant to § 51.50 Does the existence of a pre- the terms of a concession contract and ferred offeror limit the authority of located on lands of the United States the Director to establish the terms within a park area. A capital improve- of a concession contract? ment does not include any interest in The existence of a preferred offeror land. Additionally, a capital improve- does not limit the authority of the Di- ment does not include any interest in rector to establish, in accordance with personal property of any kind includ- this part, the terms and conditions of a ing, but not limited to, vehicles, boats, new concession contract, including, but barges, trailers, or other objects, re- not limited to, terms and conditions gardless of size, unless an item of per- that modify the terms and conditions sonal property becomes a fixture as de- of a prior concession contract. fined in this part. Concession contracts may further describe, consistent with Subpart G—Leasehold Surrender the limitations of this part and the 1998 Interest Act, the nature and type of specific capital improvements in which a con- § 51.51 What special terms must I cessioner may obtain a leasehold sur- know to understand leasehold surrender interest? render interest. Construction cost of a capital improve- To understand leasehold surrender ment means the total of the incurred interest, you must refer to these defini- eligible direct and indirect costs nec- tions, applicable in the singular or the essary for constructing or installing plural, whenever these terms are used in this part:

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the capital improvement that are cap- vailing in the locality of the project): italized by the concessioner in accord- architectural and engineering fees for ance with Generally Accepted Account- plans, plan checks; surveys to establish ing Principals (GAAP). The term ‘‘con- building lines and grades; environ- struct’’ or ‘‘construction’’ as used in mental studies; if the project is fi- this part also means ‘‘install’’ or ‘‘in- nanced, the points, fees or service stallation’’ of fixtures where applica- charges and interest on construction ble. loans; all risk insurance expenses and Consumer Price Index means the na- ad valorem taxes during construction. tional ‘‘Consumer Price Index—All The actual capitalized administrative Urban Consumers’’ published by the expenses (in amounts no higher than Department of Labor. If this index those prevailing in the locality of the ceases to be published, the Director project) of the concessioner for direct, will designate another regularly pub- on-site construction inspection are eli- lished cost-of-living index approxi- gible indirect costs. Other administra- mating the national Consumer Price tive expenses of the concessioner are Index. not eligible indirect costs. Depreciation means the loss of value Fixtures and non-removable equipment in a capital improvement as evidenced are manufactured items of personal by the condition and prospective serv- property of independent form and util- iceability of the capital improvement ity necessary for the basic functioning in comparison with a new unit of like of a structure that are affixed to and kind. considered to be part of the structure Eligible direct costs means the sum of such that title is with the Director as all incurred capitalized costs (in real property once installed. Fixtures amounts no higher than those pre- and non-removable equipment do not vailing in the locality of the project), include building materials (e.g., wall- that are necessary both for the con- board, flooring, concrete, cinder struction of a capital improvement and blocks, steel beams, studs, window are typically elements of a construc- frames, windows, rafters, roofing, fram- tion contract. Eligible direct costs may ing, siding, lumber, insulation, wall- include, without limitation, the costs paper, paint, etc.). Because of their spe- of (if capitalized in accordance with cial circumstances, floating docks (but GAAP and in amounts no higher than not other types of floating property) those prevailing in the locality of the constructed by a concessioner pursuant project): building permits; materials, to the terms of a leasehold surrender products and equipment used in con- interest concession contract are construction; labor used in construction; sidered to be non-removable equipment security during construction; contrac- for leasehold surrender interest pur- tor’s shack and temporary fencing; ma- poses only. Except as otherwise indi- terial storage facilities; power line in- cated in this part, the term ‘‘fixture’’ stallation and utility costs during con- as used in this part includes the term struction; performance bonds; and con- ‘‘non-removable equipment.’’ tractor’s (and subcontractor’s) profit Leasehold surrender interest solely and overhead (including job super- means a right to payment in accord- vision, worker’s compensation insurance with this part for related capital ance and fire, liability, and unemploy- improvements that a concessioner ment insurance). makes or provides within a park area Eligible indirect costs means, except as on lands owned by the United States provided in the last sentence of this pursuant to this part and under the definition, the sum of all other in- terms and conditions of an applicable curred capitalized costs (in amounts no concession contract. The existence of a higher than those prevailing in the lo- leasehold surrender interest does not cality of the project) necessary for the give the concessioner, or any other per- construction of a capital improvement. son, any right to conduct business in a Eligible indirect costs may include, park area, to utilize the related capital without limitation, the costs of (if cap- improvements, or to prevent the Direc- italized in accordance with GAAP and tor or another person from utilizing in amounts no higher than those pre- the related capital improvements. The

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existence of a leasehold surrender in- Real property improvements means real terest does not include any interest in property other than land, including, the land on which the related capital but not limited to, capital improve- improvements are located. ments. Leasehold surrender interest concession Related capital improvement or related contract means a concession contract fixture means a capital improvement in that provides for leasehold surrender which a concessioner has a leasehold interest in capital improvements. surrender interest. Leasehold surrender interest value Replacement cost means the estimated means the amount of compensation a cost to reconstruct, at current prices, concessioner is entitled to be paid for a an existing structure with utility leasehold surrender interest in capital equivalent to the existing structure, improvements in accordance with this using modern materials and current part. Unless otherwise provided by the standards, design and layout. terms of a leasehold surrender interest Structure means a building, dock, or concession contract under the author- similar edifice affixed to the land so as ity of section 405(a)(4) of the 1998 Act, to be part of the real estate. A struc- leasehold surrender interest value in ture may include both constructed in- existing capital improvements is an frastructure (e.g., water, power and amount equal to: sewer lines) and constructed site im- (1) The initial construction cost of provements (e.g., paved roads, retain- the related capital improvement; ing walls, sidewalks, paved driveways, paved parking areas) that are perma- (2) Adjusted by (increased or de- nently affixed to the land so as to be creased) the same percentage increase part of the real estate and that are in or decrease as the percentage increase direct support of the use of a building, or decrease in the Consumer Price dock, or similar edifice. Landscaping Index from the date the Director ap- that is integral to the construction of proves the substantial completion of a structure is considered as part of a the construction of the related capital structure. Interior furnishings that are improvement to the date of payment of not fixtures are not part of a structure. the leasehold surrender interest value; Substantial completion of a capital im- (3) Less depreciation of the related provement means the condition of a cap- capital improvement on the basis of its ital improvement construction project condition as of the date of termination when the project is substantially com- or expiration of the applicable lease- plete and ready for use and/or occu- hold surrender interest concession con- pancy. tract, or, if applicable, the date on which a concessioner ceases to utilize a § 51.52 How do I obtain a leasehold related capital improvement (e.g., surrender interest? where the related capital improvement Leasehold surrender interest conces- is taken out of service by the Director sion contracts will contain appropriate pursuant to the terms of a concession leasehold surrender interest terms and contract). conditions consistent with this part. A Major rehabilitation means a planned, concessioner will obtain leasehold sur- comprehensive rehabilitation of an ex- render interest in capital improve- isting structure that: ments constructed in accordance with (1) The Director approves in advance this part and the leasehold surrender and determines is completed within 18 interest terms and conditions of an ap- months from start of the rehabilitation plicable leasehold surrender interest work (unless a longer period of time is concession contract. approved by the Director in special circumstances); and § 51.53 When may the Director author- (2) The construction cost of which ex- ize the construction of a capital im- ceeds fifty percent of the pre-rehabili- provement? tation value of the structure. The Director may only authorize or Pre-rehabilitation value of an existing require a concessioner to construct structure means the replacement cost capital improvements on park lands in of the structure less depreciation. accordance with this part and under

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the terms and conditions of a leasehold costs as defined in this part. Invoices surrender interest concession contract for additional construction costs of ele- for the conduct by the concessioner of ments of the project that were not visitor services, including, without completed as of the date of substantial limitation, the construction of capital completion may subsequently be sub- improvements necessary for the con- mitted to the Director for inclusion in duct of visitor services. the project’s construction cost.

§ 51.54 What must a concessioner do § 51.56 How will the construction cost before beginning to construct a cap- for purposes of leasehold surrender ital improvement? interest value be determined? Before beginning to construct any After receiving the detailed construc- capital improvement, the concessioner tion report (and certification, if re- must obtain written approval from the quested), from the concessioner, the Director in accordance with the terms Director will review the report, certifi- of its leasehold surrender interest concession contract. The request for ap- cation and other information as appro- proval must include appropriate plans priate to determine that the reported and specifications for the capital im- construction cost is consistent with provement and any other information the construction cost approved by the that the Director may specify. The re- Director in advance of the construction quest must also include an estimate of and that all costs included in the con- the total construction cost of the cap- struction cost are eligible direct or in- ital improvement. The estimate of the direct costs as defined in this part. The total construction cost must specify all construction cost determined by the elements of the cost in such detail as is Director will be the final determina- necessary to permit the Director to de- tion of construction cost for purposes termine that they are elements of con- of the leasehold surrender interest struction cost as defined in this part. value in the related capital improve- (The approval requirements of this and ment unless the concessioner requests other sections of this part also apply to arbitration of the construction cost any change orders to a capital im- under § 51.57. The Director may at any provement project and to any additions time review a construction cost deter- to a structure or replacement of fix- mination (subject to arbitration under tures as described in this part.) § 51.57) if the Director has reason to be- § 51.55 What must a concessioner do lieve that it was based on false, mis- after substantial completion of the leading or incomplete information. capital improvement? [66 FR 35083, July 3, 2001] Upon substantial completion of the construction of a capital improvement § 51.57 How does a concessioner re- in which the concessioner is to obtain quest arbitration of the construc- a leasehold surrender interest, the con- tion cost of a capital improvement? cessioner must provide the Director a If a concessioner requests arbitration detailed construction report. The con- of the construction cost of a capital struction report must be supported by improvement determined by the Direc- actual invoices of the capital improve- tor, the request must be made in writ- ment’s construction cost together ing to the Director within 3 months of with, if requested by the Director, a the date of the Director’s determina- written certification from a certified tion of construction cost under § 51.56. public accountant. The construction The arbitration procedures are de- report must document, and any re- scribed in § 51.51. The decision of the ar- quested certification by the certified public accountant must certify, that bitration panel as to the construction all components of the construction cost of the capital improvement will be cost were incurred and capitalized by binding on the concessioner and the Di- the concessioner in accordance with rector. GAAP, and that all components are eli- [66 FR 35083, July 3, 2001] gible direct or indirect construction

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§ 51.58 What actions may or must the otherwise in these circumstances ex- concessioner take with respect to a cept as provided by this part. leasehold surrender interest? The concessioner: § 51.61 How is an existing concessioner who is not awarded a new conces- (a) May encumber a leasehold sur- sion contract paid for a leasehold render interest in accordance with this surrender interest? part, but only for the purposes specified in this part; (a) When a concessioner is not awarded a new concession contract after ex- (b) Where applicable, must transfer piration or termination of a leasehold in accordance with this part its lease- surrender interest concession contract, hold surrender interest in connection or, the concessioner, prior to such ter- with any assignment, termination or mination or expiration, ceases to uti- expiration of the concession contract; lize under the terms of a concession and contract capital improvements in (c) May relinquish or waive a lease- which the concessioner has a leasehold hold surrender interest. surrender interest, the concessioner will be entitled to be paid its leasehold § 51.59 Will a leasehold surrender interest be extinguished by expira- surrender interest value in the related tion or termination of a leasehold capital improvements. The leasehold surrender interest concession con- surrender interest will not be trans- tract or may it be taken for public ferred until payment of the leasehold use? surrender interest value. The date for A leasehold surrender interest may payment of the leasehold surrender in- not be extinguished by the expiration terest value, except in special cir- or termination of a concession contract cumstances beyond the Director’s con- and a leasehold surrender interest may trol, will be the date of expiration or not be taken for public use except on termination of the leasehold surrender payment of just compensation. Pay- interest contract, or the date the con- ment of leasehold surrender interest cessioner ceases to utilize related cap- value pursuant to this part will con- ital improvements under the terms of a stitute the payment of just compensa- concession contract. Depreciation of tion for leasehold surrender interest the related capital improvements will within the meaning of this part and for be established as of the date of expira- all other purposes. tion or termination of the concession contract, or, if applicable, the date the § 51.60 How will a new concession con- concessioner ceases to utilize the cap- tract awarded to an existing con- ital improvements under the terms of a cessioner treat a leasehold sur- concession contract. render interest obtained under a (b) In the event that extraordinary prior concession contract? circumstances beyond the control of When a concessioner under a lease- the Director prevent the Director from hold surrender interest concession con- making the leasehold surrender inter- tract is awarded a new concession con- est value payment as of the date of ex- tract by the Director, and the new con- piration or termination of the lease- cession contract continues a leasehold hold surrender interest concession con- surrender interest in related capital tract, or, as of the date a concessioner improvements, then the concessioner’s ceases to utilize related capital im- leasehold surrender interest value (es- provements under the terms of a con- tablished as of the date of expiration or cession contract, the payment when termination of its prior concession con- made will include interest on the tract) in the related capital improve- amount that was due on the date of ex- ments will be continued as the initial piration or termination of the conces- value (instead of initial construction sion contract or cessation of use for cost) of the concessioner’s leasehold the period after the payment was due surrender interest under the terms of until payment is made (in addition to the new concession contract. No com- the inclusion of a continuing Consumer pensation will be due the concessioner Price Index adjustment until the date for its leasehold surrender interest or payment is made). The rate of interest

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will be the applicable rate of interest hold surrender interest contract. In- established by law for overdue obliga- stead of initial construction cost, the tions of the United States. The pay- initial value of such leasehold sur- ment for a leasehold surrender interest render interest will be the leasehold value will be made within one year surrender interest value that the new after the expiration or termination of concessioner was required to pay the the concession contract or the ces- prior concessioner. sation of use of related capital improvements under the terms of a con- § 51.64 May the concessioner gain ad- cession contract. ditional leasehold surrender interest by undertaking a major reha- § 51.62 What is the process to deter- bilitation or adding to a structure mine the leasehold surrender inter- in which the concessioner has a est value when the concessioner leasehold surrender interest? does not seek or is not awarded a new concession contract? A concessioner that, with the written Leasehold surrender interest conces- approval of the Director, undertakes a sion contracts must contain provisions major rehabilitation or adds a new under which the Director and the con- structure (e.g., a new wing to an exist- cessioner will seek to agree in advance ing building or an extension of an ex- of the expiration or other termination isting sidewalk) to an existing struc- of the concession contract as to what ture in which the concessioner has a the concessioner’s leasehold surrender leasehold surrender interest, will in- interest value will be on a unit-by-unit crease its leasehold surrender interest basis as of the date of expiration or ter- in the related structure, effective as of mination of the concession contract. In the date of substantial completion of the event that agreement cannot be the major rehabilitation or new struc- reached, the provisions of the leasehold ture, by the construction cost of the surrender interest concession contract major rehabilitation or new structure. must provide for the Director to make The Consumer Price Index adjustment a final determination of leasehold surrender interest value unless binding ar- for leasehold surrender interest value bitration as to the value is requested purposes will apply to the construction by the concessioner. The arbitration cost as of the date of substantial com- procedures are described in § 51.51. A pletion of the major rehabilitation or prior decision as to the construction new structure. Approvals for major re- cost of capital improvements made by habilitations and additions to struc- the Director or by an arbitration panel tures are subject to the same require- in accordance with this part are final ments and conditions applicable to new and not subject to further arbitration. construction as described in this part. [66 FR 35083, July 3, 2001] § 51.65 May the concessioner gain ad- § 51.63 When a new concessioner pays ditional leasehold surrender inter- a prior concessioner for a leasehold est by replacing a fixture in which surrender interest, what is the the concessioner has a leasehold leasehold surrender interest in the surrender interest? related capital improvements for A concessioner that replaces an ex- purposes of a new concession contract? isting fixture in which the concessioner has a leasehold surrender interest with A new leasehold surrender interest a new fixture will increase its lease- concession contract awarded to a new hold surrender interest by the amount concessioner will require the new con- of the construction cost of the replace- cessioner to pay the prior concessioner ment fixture less the construction cost its leasehold surrender interest value in existing capital improvements as de- of the replaced fixture. termined under § 51.62. The new concessioner upon payment will have a leasehold surrender interest in the related capital improvements on a unit-by-unit basis under the terms of the new lease-

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§ 51.66 Under what conditions will a awarded a new concession contract concessioner obtain a leasehold sur- upon expiration or other termination render interest in existing real of its 1965 Act concession contract, be property improvements in which no entitled to receive compensation for its leasehold surrender interest exists? possessory interest in the amount and (a) A concession contract may re- manner described by the possessory in- quire the concessioner to replace fix- terest concession contract. The conces- tures in real property improvements in sioner shall also be entitled to receive which there is no leasehold surrender all other compensation, including any interest (e.g., fixtures attached to an compensation for property in which existing government facility assigned by the Director to the concessioner). A there is no possessory interest, to the leasehold surrender interest will be ob- extent and in the manner that the tained by the concessioner in such fix- possessory interest contract may pro- tures subject to the approval and deter- vide. mination of construction cost and other conditions contained in this part. § 51.69 What happens if there is a dis- (b) A concession contract may repute between the new concessioner quire the concessioner to undertake a and a prior concessioner as to the value of the prior concessioner’s major rehabilitation of a structure in possessory interest? which there is no leasehold surrender interest (e.g., a government-con- In case of a dispute between a new structed facility assigned to the con- concessioner and a prior concessioner cessioner). Upon substantial comple- as to the value of the prior conces- tion of the major rehabilitation, the sioner’s possessory interest, the dis- concessioner will obtain a leasehold pute will be resolved under the proce- surrender interest in the structure. dures contained in the possessory in- The initial construction cost of this terest concession contract. A new con- leasehold surrender interest will be the cessioner will not agree on the value of construction cost of the major rehabili- a prior concessioner’s possessory inter- tation. Depreciation for purposes of est without the prior written approval leasehold surrender interest value will of the Director unless the value is de- apply only to the rehabilitated compo- termined through the binding deter- nents of the related structure. mination process required by the § 51.67 Will a concessioner obtain possessory interest concession con- leasehold surrender interest as a tract. The Director’s written approval result of repair and maintenance of is to ensure that the value is con- real property improvements? sistent with the terms and conditions A concessioner will not obtain initial of the possessory interest concession or increased leasehold surrender inter- contract. If a new concessioner and a est as a result of repair and mainte- prior concessioner engage in a binding nance of real property improvements process to resolve a dispute as to the unless a repair and maintenance value of the prior concessioner’s project is a major rehabilitation. possessory interest, the new concessioner must allow the Director to as- Subpart H—Possessory Interest sist the new concessioner in the dispute process to the extent requested by § 51.68 If a concessioner under a 1965 the Director. Nothing in this section Act concession contract is not awarded a new concession contract, may be construed as limiting the how will a concessioner that has a rights of the prior concessioner to be possessory interest receive com- paid for its possessory interest or other pensation for its possessory inter- property by a new concessioner in ac- est? cordance with the terms of its conces- A concessioner that has possessory sion contract. interest in real property improvements pursuant to the terms of a 1965 Act concession contract, will, if the prior concessioner does not seek or is not

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§ 51.70 If a concessioner under a 1965 § 51.72 If a new concessioner is award- Act concession contract is awarded ed the contract, what is the rela- a new concession contract, what tionship between leasehold sur- happens to the concessioner’s render interest and possessory in- possessory interest? terest? In the event a concessioner under a If a new concessioner is awarded a 1965 Act concession contract is awarded leasehold surrender interest concession a new concession contract replacing a contract and is required to pay a prior possessory interest concession con- concessioner for possessory interest in tract, the concessioner will obtain a real property improvements, the new leasehold surrender interest in its ex- concessioner will have a leasehold sur- isting possessory interest real property improvements under the terms of the render interest in the real property im- new concession contract. The conces- provements under the terms of its new sioner will carry over as the initial concession contract. The initial value value of such leasehold surrender inter- of the leasehold surrender interest (in- est (instead of initial construction stead of initial construction cost) will cost) an amount equal to the value of be the value of the possessory interest its possessory interest in real property as of the expiration or other termi- improvements as of the expiration or nation of the 1965 Act possessory inter- other termination of its possessory in- est concession contract. This leasehold terest contract. This leasehold sur- surrender interest will apply even if render interest will apply to the con- the related possessory interest real cessioner’s possessory interest in real property improvements are not capital property improvements even if the real improvements as defined in this part. property improvements are not capital In the event a new concessioner ob- improvements as defined in this part. tains a leasehold surrender interest in In the event that the concessioner had only a portion of a structure as a result a possessory interest in only a portion of the acquisition of a possessory inter- of a structure, depreciation for pur- est from a prior concessioner, deprecia- poses of leasehold surrender interest tion for purposes of leasehold surrender value under the new concession con- interest value will apply only to the tract will apply only to the portion of portion of the structure to which the the structure to which the possessory possessory interest applied. interest applied. The concessioner and the Director will seek to agree on an allocation of the leasehold surrender Subpart I—Concession Contract interest value on a unit by unit basis. Provisions

§ 51.71 What is the process to be fol- § 51.73 What is the term of a conces- lowed if there is a dispute between sion contract? the prior concessioner and the Di- rector as to the value of possessory A concession contract will generally interest? be awarded for a term of 10 years or less unless the Director determines Unless other procedures are agreed to that the contract terms and condi- by the concessioner and the Director, in the event that a concessioner under tions, including the required construc- a possessory interest concession con- tion of capital improvements, warrant tract is awarded a new concession con- a longer term. It is the policy of the tract and there is a dispute between Director under these requirements that the concessioner and the Director as to the term of concession contracts the value of such possessory interest, should be as short as is prudent, taking or, a dispute as to the allocation of an into account the financial require- established overall possessory interest ments of the concession contract, re- value on a unit by unit basis, the value source protection and visitor needs, and/or allocation will be established by and other factors the Director may arbitration in accordance with the deem appropriate. In no event will a terms and conditions of this part. The concession contract have a term of arbitration procedures are described in more than 20 years (unless extended in § 51.51. accordance with this part).

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§ 51.74 When may a concession con- ation of a particular allocation level tract be terminated by the Direc- pursuant to the terms of a concession tor? contract or otherwise. Such allocations Concession contracts will contain ap- will be made, withdrawn and/or ad- propriate provisions for suspension of justed by the Director from time to operations under a concession contract time in furtherance of the purposes of and for termination of a concession this part. contract by the Director for default, including, without limitation, unsatis- § 51.77 Will a concession contract pro- factory performance, or termination vide a concessioner an exclusive when necessary to achieve the purposes right to provide visitor services? of the 1998 Act. The purposes of the 1998 Concession contracts will not provide Act include, but are not limited to, in any manner an exclusive right to protecting, conserving, and preserving provide all or certain types of visitor park area resources and providing nec- services in a park area. The Director essary and appropriate visitor services may limit the number of concession in park areas. contracts to be awarded for the con- § 51.75 May the Director segment or duct of visitor services in a particular split concession contracts? park area in furtherance of the purposes described in this part. The Director may not segment or otherwise split visitor services author- § 51.78 Will a concession contract re- ized or required under a single conces- quire a franchise fee and will the sion contract into separate concession franchise fee be subject to adjust- contracts if the purpose of such action ment? is to establish a concession contract with anticipated annual gross receipts (a) Concession contracts will provide of less than $500,000. for payment to the government of a franchise fee or other monetary consid- § 51.76 May the Director include in a eration as determined by the Director concession contract or otherwise upon consideration of the probable grant a concessioner a preferential value to the concessioner of the privi- right to provide new or additional leges granted by the contract involved. visitor services? This probable value will be based upon The Director may not include a pro- a reasonable opportunity for net profit vision in a concession contract or oth- in relation to capital invested and the erwise grant a concessioner a pref- obligations of the contract. Consider- erential right to provide new or addi- ation of revenue to the United States tional visitor services under the terms shall be subordinate to the objectives of a concession contract or otherwise. of protecting and preserving park areas For the purpose of this section, a and of providing necessary and appro- ‘‘preferential right to new or additional priate visitor services at reasonable services’’ means a right of a concessioner to a preference (in the nature of rates. a right of first refusal or otherwise) to (b) The franchise fee contained in a provide new or additional visitor serv- concession contract with a term of 5 ices in a park area beyond those al- years or less may not be adjusted dur- ready provided by the concessioner ing the term of the contract. Conces- under the terms of a concession con- sion contracts with a term of more tract. A concession contract may be than 5 years will contain a provision amended to authorize the concessioner that provides for adjustment of the to provide minor additional visitor contract’s established franchise fee at services that are a reasonable exten- the request of the concessioner or the sion of the existing services. A conces- Director. An adjustment will occur if sioner that is allocated park area en- the concessioner and the Director mu- trance, user days or similar resource tually determine that extraordinary, use allocations for the purposes of a unanticipated changes occurred after concession contract will not obtain any the effective date of the contract that contractual or other rights to continu-

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have affected or will significantly af- § 51.81 May the Director include ‘‘spe- fect the probable value of the privi- cial account’’ provisions in conces- leges granted by the contract. The con- sion contracts? cession contract will provide for arbi- (a) The Director may not include in tration if the Director and a conces- concession contracts ‘‘special account’’ sioner cannot agree upon an appro- provisions, that is, contract provisions priate adjustment to the franchise fee which require or authorize a conces- that reflects the extraordinary, unanticipated changes determined by the sioner to undertake with a specified concessioner and the Director. percentage of the concessioner’s gross receipts the construction of real prop- § 51.79 May the Director waive pay- erty improvements, including, without ment of a franchise fee or other limitation, capital improvements on payments? park lands. The construction of capital The Director may not waive the con- improvements will be undertaken only cessioner’s payment of a franchise fee pursuant to the leasehold surrender in- or other payments or consideration re- terest provisions of this part and the quired by a concession contract, except applicable concession contract. that a franchise fee may be waived in (b) Concession contracts may contain part by the Director pursuant to ad- provisions that require the conces- ministrative guidelines that may allow sioner to set aside a percentage of its for a partial franchise fee waiver in gross receipts or other funds in a repair recognition of exceptional performance and maintenance reserve to be used at by a concessioner under the terms of a the direction of the Director solely for concession contract. A concessioner maintenance and repair of real prop- will have no right to require the par- erty improvements located in park tial waiver of a franchise fee under this authority or under any related admin- areas and utilized by the concessioner istrative guidelines. in its operations. Repair and maintenance reserve funds may not be ex- § 51.80 How will the Director establish pended to construct real property im- franchise fees for multiple outfitter provements, including, without limita- and guide concession contracts in tion, capital improvements. Repair and the same park area? maintenance reserve provisions may If the Director awards more than one not be included in concession contracts outfitter and guide concession contract in lieu of a franchise fee, and funds that authorizes or requires the conces- from the reserves will be expended only sioners to provide the same or similar for the repair and maintenance of real visitor services at the same approxi- property improvements assigned to the mate location or utilizing the same re- concessioner by the Director for use in source within a single park area, the its operations. Director will establish franchise fees (c) A concession contract must re- for those concession contracts that are quire the concessioner to maintain in comparable. In establishing these com- good condition through a comprehen- parable franchise fees, the Director sive repair and maintenance program will take into account, as appropriate, variations in the nature and type of all of the concessioner’s personal prop- visitor services authorized by par- erty used in the performance of the ticular concession contracts, including, concession contract and all real prop- but not limited to, length of the visitor erty improvements, including, without experience, type of equipment utilized, limitation, capital improvements, and, relative expense levels, and other rel- government personal property, as- evant factors. The terms and condi- signed to the concessioner by a conces- tions of an existing concession con- sion contract. tract will not be subject to modification or open to renegotiation by the § 51.82 Are a concessioner’s rates re- Director because of the award of a new quired to be reasonable and subject concession contract at the same ap- to approval by the Director? proximate location or utilizing the (a) Concession contracts will permit same resource. the concessioner to set reasonable and

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appropriate rates and charges for vis- was) regarded as an Alaska Native by itor services provided to the public, any village or group. subject to approval by the Director. (2) Arts and crafts objects means art (b) Unless otherwise provided in a works and crafts that are in a tradi- concession contract, the reasonable- tional or non-traditional style or me- ness of a concessioner’s rates and dium. charges to the public will be deter- (3) Authentic native handicrafts means mined primarily by comparison with arts and crafts objects created by a those rates and charges for facilities United States Indian, Alaska Native, and services of comparable character Native Samoan or Native Hawaiian under similar conditions, with due con- that are made with the help of only sideration of the following factors and such devices as allow the manual skill other factors deemed relevant by the of the maker to condition the shape Director: Length of season; peakloads; and design of each individual object. average percentage of occupancy; ac- (4) Native Hawaiian means any indi- cessibility; availability and costs of vidual who is a descendant of the ab- labor and materials; and types of pa- original people that, prior to 1778, oc- tronage. Such rates and charges may cupied and exercised sovereignty in the not exceed the market rates and area that now constitutes the State of charges for comparable facilities, Hawaii. goods, and services, after taking these (5) United States Indian means any in- factors into consideration. dividual that is a member of an Indian tribe as defined in 18 U.S.C. 1159(c)(3). § 51.83 Sale of Native Handicrafts. [72 FR 32190, June 12, 2007] (a) Where authorized by an applicable concession contract, concessioners are encouraged to sell authentic native Subpart J—Assignment or Encum- handicrafts appropriately labeled or brance of Concession Con- denoted as authentic that reflect the tracts cultural, historical, and geographic characteristics of the related park § 51.84 What special terms must I area. To further this objective, conces- know to understand this part? sion contracts will contain a provision To understand this subpart specifi- that exempts the revenue of a conces- cally and this part in general you must sioner derived from the sale of appro- refer to these definitions, applicable in priately labeled or denoted authentic the singular or plural, whenever the native handicrafts from the concession terms are used in this part. contract’s franchise fee. A controlling interest in a concession (b) The sale of products as authentic contract means an interest, beneficial native handicrafts is further regulated or otherwise, that permits the exercise under the Indian Arts and Crafts Act, of managerial authority over a conces- Public Law 101–644, as amended. sioner’s performance under the terms (c) Definitions. (1) Alaska Native of the concession contract and/or deci- means any citizen of the United States sions regarding the rights and liabil- who is a person of one-fourth degree or ities of the concessioner. more Alaskan Indian (including A controlling interest in a concessioner Tsimshian Indians not enrolled in the means, in the case of corporate conces- Metalakatla Indian Community), Es- sioners, an interest, beneficial or oth- kimo, or Aleut blood, or combination erwise, of sufficient outstanding voting thereof. The term includes any person securities or capital of the conces- so defined either or both of whose adop- sioner or related entities that permits tive parents are not Alaska Natives. It the exercise of managerial authority also includes, in the absence of a min- over the actions and operations of the imum blood quantum, any citizen of concessioner. A ‘‘controlling interest’’ the United States who is regarded as in a concessioner also means, in the an Alaska Native by the Alaska native case of corporate concessioners, an in- village or native groups of which he or terest, beneficial or otherwise, of suffi- she claims to be a member and whose cient outstanding voting securities or father or mother is (or, if deceased, capital of the concessioner or related

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entities to permit the election of a ma- approval of the Director, any of the fol- jority of the Board of Directors of the lowing: concessioner. The term ‘‘controlling (a) Any concession contract; interest’’ in a concessioner, in the in- (b) Any rights to operate under or stance of a partnership, limited part- manage performance under a conces- nership, joint venture, other business sion contract as a subconcessioner or organization or individual entrepre- otherwise; neurship, means ownership or bene- (c) Any controlling interest in a con- ficial ownership of the assets of the cessioner or concession contract; or concessioner that permits the exercise (d) Any leasehold surrender interest of managerial authority over the ac- or possessory interest obtained under a tions and operations of the conces- concession contract. sioner. Rights to operate and/or manage under § 51.87 Does the concessioner have an a concession contract means any ar- unconditional right to receive the rangement where the concessioner em- Director’s approval of an assign- ploys or contracts with a third party to ment or encumbrance? operate and/or manage the performance No, approvals of assignments or en- of a concession contract (or any por- cumbrances are subject to the fol- tion thereof). This does not apply to ar- lowing determinations by the Director: rangements with an individual em- (a) That the purpose of a leasehold ployee. surrender interest or possessory inter- Subconcessioner means a third party est encumbrance is either to finance that, with the approval of the Director, the construction of capital improve- has been granted by a concessioner ments under the applicable concession rights to operate under a concession contract in the applicable park area or contract (or any portion thereof), to finance the purchase of the applica- whether in consideration of a percent- ble concession contract. An encum- age of revenues or otherwise. brance of a leasehold surrender interest or possessory interest may not be made § 51.85 What assignments require the for any other purpose, including, but approval of the Director? not limited to, providing collateral for The concessioner may not assign, other debt of a concessioner, the parent sell, convey, grant, contract for, or of a concessioner, or an entity related otherwise transfer (such transactions to a concessioner; collectively referred to as ‘‘assign- (b) That the encumbrance does not ments’’ for purposes of this part), with- purport to provide the creditor or as- out the prior written approval of the signee any rights beyond those pro- Director, any of the following: vided by the applicable concession con- (a) Any concession contract; tract, including, but not limited to, (b) Any rights to operate under or any rights to conduct business in a manage the performance of a conces- park area except in strict accordance sion contract as a subconcessioner or with the terms and conditions of the otherwise; applicable concession contract; (c) Any controlling interest in a con- (c) That the encumbrance does not cessioner or concession contract; or purport to permit a creditor or as- (d) Any leasehold surrender interest signee of a creditor, in the event of de- or possessory interest obtained under a fault or otherwise, to begin operations concession contract. under the applicable concession contract or through a designated operator § 51.86 What encumbrances require unless and until the Director deter- the approval of the Director? mines that the proposed operator is a The concessioner may not encumber, qualified person as defined in this part; pledge, mortgage or otherwise provide (d) That an assignment or encum- as a security interest for any purpose brance does not purport to assign or (such transactions collectively referred encumber assets that are not owned by to as ‘‘encumbrances’’ for purposes of the concessioner, including, without this part), without the prior written limitation, park area entrance, user

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day, or similar use allocations made by § 51.90 How does the concessioner get the Director; the Director’s approval before mak- (e) That the assignment is to a quali- ing an assignment or encumbrance? fied person as defined in this part; Before completing any assignment or (f) That the assignment or encum- encumbrance which may be considered brance would not have an adverse im- to be the type of transaction described pact on the protection, conservation or in this part, including, but not limited preservation of park resources; to, the assignment or encumbrance of (g) That the assignment or encum- what may be a controlling interest in a brance would not have an adverse impact on the provision of necessary and concessioner or a concession contract, appropriate facilities and services to the concessioner must apply in writing visitors at reasonable rates and for approval of the transaction by the charges; and Director. (h) That the terms of the assignment or encumbrance are not likely, directly § 51.91 What information may the Di- rector require in the application? or indirectly, to reduce an existing or new concessioner’s opportunity to earn An application for the Director’s ap- a reasonable profit over the remaining proval of an assignment or encum- term of the applicable concession con- brance will include, to the extent re- tract, to affect adversely the quality of quired by the Director in the cir- facilities and services provided by the cumstances of the transaction, the fol- concessioner, or result in a need for in- lowing information in such detail as creased rates and charges to the public the Director may specify in order to to maintain the quality of concession make the determinations required by facilities and services. this subpart: (a) All instruments proposed to im- § 51.88 What happens if an assignment or encumbrance is completed with- plement the transaction; out the approval of the Director? (b) An opinion of counsel to the effect Assignments or encumbrances com- that the proposed transaction is lawful pleted without the prior written ap- under all applicable federal and state proval of the Director will be consid- laws; ered as null and void and a material (c) A narrative description of the pro- breach of the applicable concession posed transaction; contract which may result in termi- (d) A statement as to the existence nation of the contract for cause. No and nature of any litigation relating to person will obtain any valid or enforce- the proposed transaction; able rights in a concessioner, in a con- (e) A description of the management cession contract, or to operate or man- qualifications, financial background, age under a concession contract as a and financing and operational plans of subconcessioner or otherwise, or to any proposed transferee; leasehold surrender interest or (f) A detailed description of all finan- possessory interest, if acquired in vio- cial aspects of the proposed trans- lation of the requirements in this sub- action; part. (g) Prospective financial statements § 51.89 What happens if there is a de- (proformas); fault on an encumbrance approved (h) A schedule that allocates in detail by the Director? the purchase price (or, in the case of a In the event of default on an encum- transaction other than an asset pur- brance approved by the Director in ac- chase, the valuation) of all assets as- cordance with this part, the creditor, signed or encumbered. In addition, the or an assignee of the creditor, may suc- applicant must provide a description of ceed to the interests of the conces- the basis for all allocations and owner- sioner only to the extent provided by ship of all assets; and the approved encumbrance, this part (i) Such other information as the Di- and the terms and conditions of the ap- rector may require to make the deter- plicable concession contract. minations required by this subpart.

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§ 51.92 What are standard proformas? § 51.95 Does the Director’s approval of an assignment or encumbrance in- Concessioners are encouraged to sub- clude any representations of any mit standard prospective financial nature? statements (proformas) pursuant to this part. A ‘‘standard proforma’’ is one In approving an assignment or en- that: cumbrance, the Director has no duty to inform any person of any information (a) Provides projections, including the Director may have relating to the revenues and expenses that are con- concession contract, the park area, or sistent with the concessioner’s past op- other matters relevant to the conces- erating history unless the proforma is sion contract or the assignment or en- accompanied by a narrative that de- cumbrance. In addition, in approving scribes why differing expectations are an assignment or encumbrance, the Di- achievable and realistic; rector makes no representations of any (b) Assumes that any loan related to nature to any person about any matter, an assignment or encumbrance will be including, but not limited to, the paid in full by the expiration of the value, allocation, or potential profit- concession contract unless the ability of any concession contract or proforma contains a narrative descrip- assets of a concessioner. No approval of tion as to why an extended loan period an assignment or encumbrance may be is consistent with an opportunity for construed as altering the terms and reasonable profit over the remaining conditions of the applicable concession term of the concession contract. The contract unless expressly so stated by narrative description must include, but the Director in writing. is not limited to, identification of the loan’s collateral after expiration of the § 51.96 May the Director amend or ex- concession contract; and tend a concession contract for the (c) Assumes amortization of any in- purpose of facilitating a trans- tangible assets assigned or encumbered action? as a result of the transaction over the The Director may not amend or ex- remaining term of the concession con- tend a concession contract for the pur- tract unless the proforma contains a pose of facilitating an assignment or narrative description as to why such encumbrance. The Director may not extended amortization period is con- make commitments regarding rates to sistent with an opportunity for reason- the public, contract extensions, conces- able profit over the remaining term of sion contract terms and conditions, or the concession contract. any other matter, for the purpose of facilitating an assignment or encum- § 51.93 If the transaction includes brance. more that one concession contract, how must required information be § 51.97 May the Director open to re- provided? negotiation or modify the terms of a In circumstances of an assignment or concession contract as a condition encumbrance that includes more than to the approval of a transaction? one concession contract, the conces- The Director may not open to re- sioner must provide the information negotiation or modify the terms and described in this subpart on a contract conditions of a concession contract as by contract basis. a condition to the approval of an assignment or encumbrance. The excep- § 51.94 What information will the Di- tion is if the Director determines that rector consider when deciding to renegotiation or modification is re- approve a transaction? quired to avoid an adverse impact on In deciding whether to approve an as- the protection, conservation or preser- signment or encumbrance, the Director vation of the resources of a park area will consider the proformas, all other or an adverse impact on the provision information submitted by the conces- of necessary and appropriate visitor sioner, and other information available services at reasonable rates and to the Director. charges.

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Subpart K—Information and the Director in evaluating such pro- Access to Information posals, until the date that the new concession contract solicited by the pro- § 51.98 What records must the conces- spectus is awarded. At that time, the sioner keep and what access does Director may or will make the pro- the Director have to records? posals and documents publicly avail- A concessioner (and any subconces- able in accordance with applicable law. sioner) must keep any records that the Director may require for the term of Subpart L—The Effect of the 1998 the concession contract and for five Act’s Repeal of the 1965 Act calendar years after the termination or expiration of the concession contract § 51.101 Did the 1998 Act repeal the to enable the Director to determine 1965 Act? that all terms of the concession contract are or were faithfully performed. Section 415 of the 1998 Act repealed The Director and any duly authorized the 1965 Act and related laws as of No- representative of the Director must, vember 13, 1998. This repeal did not af- for the purpose of audit and examina- fect the validity of any 1965 Act conces- tion, have access to all pertinent sion contract. The provisions of this records, books, documents, and papers part apply to all 1965 Act concession of the concessioner, subconcessioner contracts except to the extent that and any parent or affiliate of the con- such provisions are inconsistent with cessioner (but with respect to parents terms and conditions of a 1965 Act con- and affiliates, only to the extent nec- cession contract. essary to confirm the validity and performance of any representations or § 51.102 What is the effect of the 1998 commitments made to the Director by Act’s repeal of the 1965 Act’s pref- a parent or affiliate of the conces- erence in renewal? sioner). (a) Section 5 of the 1965 Act required the Secretary to give existing satisfac- § 51.99 What access to concessioner tory concessioners a preference in the records will the Comptroller Gen- renewal (termed a ‘‘renewal pref- eral have? erence’’ in the rest of this section) of The Comptroller General or any duly its concession contract or permit. Sec- authorized representative of the Comp- tion 415 of the 1998 Act repealed this troller General must, until the expira- statutory renewal preference as of No- tion of five calendar years after the vember 13, 1998. It is the final decision close of the business year of each con- of the Director, subject to the right of cessioner (or subconcessioner), have ac- appeal set forth in paragraph (b) of this cess to and the right to examine all section, that holders of 1965 Act con- pertinent books, papers, documents cession contracts are not entitled to be and records of the concessioner, sub- given a renewal preference with respect concessioner and any parent or affil- to such contracts (although they may iate of the concessioner (but with re- otherwise qualify for a right of pref- spect to parents and affiliates only to erence regarding such contracts under the extent necessary to confirm the va- Sections 403(7) and (8) of the 1998 Act as lidity and performance of any representations or commitments made to the implemented in this part). However, if Director by the parent or affiliate of a concessioner holds an existing 1965 the concessioner). Act concession contract and the contract makes express reference to a re- § 51.100 When will the Director make newal preference, the concessioner may proposals and evaluation docu- appeal to the Director for recognition ments publicly available? of a renewal preference. In the interest of enhancing competi- (b) Such appeal must be in writing tion for concession contracts, the Di- and be received by the Director no rector will not make publicly available later than thirty days after the proposals submitted in response to a issuance of a prospectus for a conces- prospectus or documents generated by sion contract under this part for which

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the concessioner asserts a renewal pref- Subpart M—Information Collection erence. The Director must make a decision on the appeal prior to the proposal § 51.104 Has OMB approved the collec- submission date specified in the pro- tion of information? spectus. Where applicable, the Director The Office of Management and Budg- will give notice of this appeal to all po- et (OMB) reviewed and approved the in- tential offerors that requested a pro- formation collection requirements con- spectus. The Director may delegate tained in this Part and assigned OMB consideration of such appeals only to a Control No. 1024–0029. We use this infor- Deputy or Associate Director. The de- mation to administer the National ciding official must prepare a written Park Service concessions program, in- decision on the appeal, taking into ac- cluding solicitation, award, and admin- count the content of the appeal and istration of concession contracts. A other available information. Federal agency may not conduct or (c) If the appeal results in a deter- sponsor and you are not required to re- mination by the Director that the 1965 spond to a collection of information Act concession contract in question unless it displays a currently valid OMB control number. You may send makes express reference to a renewal comments on the information collec- preference under section 5 of the 1965 tion requirements to the Information Act, the 1998 Act’s repeal of section 5 of Collection Clearance Officer, National the 1965 Act was inconsistent with the Park Service, 1849 C Street NW., (2601), terms and conditions of the concession Washington, DC 20240. contract, and that the holder of the concession contract in these cir- [79 FR 58263, Sept. 29, 2014] cumstances is entitled to a renewal preference by operation of law, the Di- PART 59—LAND AND WATER CON- rector will permit the concessioner to SERVATION FUND PROGRAM OF exercise a renewal preference for the ASSISTANCE TO STATES; POST- contract subject to and in accordance COMPLETION COMPLIANCE RE- with the otherwise applicable right of SPONSIBILITIES preference terms and conditions of this part, including, without limitation, the Sec. requirement for submission of a re- 59.1 Applicability. sponsive proposal pursuant to the 59.2 Information collection. terms of an applicable prospectus. The 59.3 Conversion requirements. Director, similarly, will permit any 59.4 Residency requirements. holder of a 1965 Act concession con- 59.5–59.6 [Reserved] tract that a court of competent juris- AUTHORITY: Sec. 6, L&WCF Act of 1965 as diction determines in a final order is amended; Pub. L. 88–578; 78 Stat. 897; 16 entitled to a renewal preference, for U.S.C. 4601–4 et seq. any reason, to exercise a right of pref- SOURCE: 51 FR 34184, Sept. 25, 1986, unless erence in accordance with the other- otherwise noted. wise applicable requirements of this part, including, without limitation, the § 59.1 Applicability. requirement for submission of a re- These post-completion responsibil- sponsive proposal pursuant to the ities apply to each area or facility for terms of an applicable prospectus. which Land and Water Conservation Fund (L&WCF) assistance is obtained, § 51.103 Severability. regardless of the extent of participa- A determination that any provision tion of the program in the assisted area of this part is unlawful will not affect or facility and consistent with the contractural agreement between NPS the validity of the remaining provi- and the State. Responsibility for com- sions. pliance and enforcement of these provisions rests with the State for both State and locally sponsored projects. The responsibilities cited herein are

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applicable to the area depicted or oth- consider conversion requests if the fol- erwise described on the 6(f)(3) boundary lowing prerequisites have been met: map and/or as described in other (1) All practical alternatives to the project documentation approved by the proposed conversion have been evalu- Department of the Interior. In many ated. instances, this mutually agreed to area (2) The fair market value of the prop- exceeds that actually receiving erty to be converted has been estab- L&WCF assistance so as to assure the lished and the property proposed for protection of a viable recreation enti- substitution is of at least equal fair ty. For leased sites assisted under market value as established by an ap- L&WCF, compliance with post-comple- proved appraisal (prepared in accord- tion requirements of the grant ceases ance with uniform Federal appraisal following lease expiration unless the standards) excluding the value of struc- grant agreement calls for some other tures or facilities that will not serve a arrangement. recreation purpose. (3) The property proposed for replace- § 59.2 Information collection. ment is of reasonably equivalent use- The information collection require- fulness and location as that being converted. Dependent upon the situation ments contained in § 59.3 have been ap- and at the discretion of the Regional proved by the Office of Management Director, the replacement property and Budget under 44 U.S.C. 3501 et seq. need not provide identical recreation and assigned clearance number 1024– experiences or be located at the same 0047. The information is being collected site, provided it is in a reasonably to determine whether to approve a equivalent location. Generally, the re- project sponsor’s request to convert an placement property should be adminis- assisted site or facility to other than tered by the same political jurisdiction public outdoor recreation uses. The in- as the converted property. NPS will formation will be used to assure that consider State requests to change the the requirements of section 6(f)(3) of project sponsor when it is determined the L&WCF Act would be met should that a different political jurisdiction the proposed conversion be imple- can better carry out the objectives of mented. Response is required in order the original project agreement. Equiv- to obtain the benefit of Department of alent usefulness and location will be the Interior approval. determined based on the following criteria: § 59.3 Conversion requirements. (i) Property to be converted must be (a) Background and legal requirements. evaluated in order to determine what Section 6(f)(3) of the L&WCF Act is the recreation needs are being fulfilled by cornerstone of Federal compliance ef- the facilities which exist and the types forts to ensure that the Federal invest- of outdoor recreation resources and op- ments in L&WCF assistance are being portunities available. The property maintained in public outdoor recre- being proposed for substitution must ation use. This section of the Act then be evaluated in a similar manner assures that once an area has been to determine if it will meet recreation funded with L&WCF assistance, it is needs which are at least like in mag- continually maintained in public recre- nitude and impact to the user commu- ation use unless NPS approves substi- nity as the converted site. This cri- tution property of reasonably equiva- terion is applicable in the consider- lent usefulness and location and of at ation of all conversion requests with least equal fair market value. the exception of those where wetlands (b) Prerequisites for conversion ap- are proposed as replacement property. proval. Requests from the project spon- Wetland areas and interests therein sor for permission to convert L&WCF which have been identified in the wet- assisted properties in whole or in part lands provisions of the Statewide Com- to other than public outdoor recreation prehensive Outdoor Recreation Plan uses must be submitted by the State shall be considered to be of reasonably Liaison Officer to the appropriate NPS equivalent usefulness with the prop- Regional Director in writing. NPS will erty proposed for conversion regardless

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of the nature of the property proposed In the case of development projects for for conversion. which the State match was not derived (ii) Replacement property need not from the cost of the purchase or value necessarily be directly adjacent to or of a donation of the land to be con- close by the converted site. This policy verted, but from the value of the devel- provides the administrative flexibility opment itself, public land which has to determine location recognizing that not been dedicated or managed for the property should meet existing pub- recreation/conservation use may be lic outdoor recreation needs. While used as replacement land even if this generally this will involve the selec- land is transferred from one public tion of a site serving the same commu- agency to another without cost. nity(ies) or area as the converted site, (5) In the case of assisted sites which there may be exceptions. For example, are partially rather than wholly con- if property being converted is in an verted, the impact of the converted area undergoing major demographic portion on the remainder shall be con- change and the area has no existing or sidered. If such a conversion is ap- anticipated future need for outdoor proved, the unconverted area must re- recreation, then the project sponsor main recreationally viable or be re- should seek to locate the substitute placed as well. area in another location within the ju- (6) All necessary coordination with risdiction. Should a local project spon- other Federal agencies has been satis- sor be unable to replace converted factorily accomplished including, for property, the State would be respon- example, compliance with section 4(f) sible, as the primary recipient of Fed- of the Department of Transportation eral assistance, for assuring compli- Act of 1966. ance with these regulations and the (7) The guidelines for environmental substitution of replacement property. evaluation have been satisfactorily (iii) The acquisition of one parcel of completed and considered by NPS dur- land may be used in satisfaction of sev- ing its review of the proposed 6(f)(3) ac- eral approved conversions. tion. In cases where the proposed con- (4) The property proposed for substi- version arises from another Federal ac- tution meets the eligibility require- tion, final review of the State’s pro- ments for L&WCF assisted acquisition. posal shall not occur until the NPS Re- The replacement property must con- gional office is assured that all envi- stitute or be part of a viable recreation ronmental review requirements related area. Unless each of the following addi- to that other action have been met. tional conditions is met, land currently (8) State intergovernmental clearing- in public ownership, including that house review procedures have been ad- which is owned by another public agen- hered to if the proposed conversion and cy, may not be used as replacement substitution constitute significant land for land acquired as part of an changes to the original Land and Water L&WCF project: Conservation Fund project. (i) The land was not acquired by the (9) The proposed conversion and sub- sponsor or selling agency for recre- stitution are in accord with the State- ation. wide Comprehensive Outdoor Recre- (ii) The land has not been dedicated ation Plan (SCORP) and/or equivalent or managed for recreational purposes recreation plans. while in public ownership. (c) Amendments for conversion. All (iii) No Federal assistance was pro- conversions require amendments to the vided in the original acquisition unless original project agreements. Therefore, the assistance was provided under a amendment requests should be sub- program expressly authorized to match mitted concurrently with conversion or supplement L&WCF assistance. requests or at such time as all details (iv) Where the project sponsor ac- of the conversion have been worked out quires the land from another public with NPS. Section 6(f)(3) project agency, the selling agency must be re- boundary maps shall be submitted with quired by law to receive payment for the amendment request to identify the the land so acquired. changes to the original area caused by

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the proposed conversion and to estab- outdoor recreation use require NPS ap- lish a new project area pursuant to the proval and the substitution of replace- substitution. Once the conversion has ment land in accordance with section been approved, replacement property 6(f)(3) of the L&WCF Act and para- should be immediately acquired. Ex- graphs (a) through (c) of this section. ceptions to this rule would occur only when it is not possible for replacement [51 FR 34184, Sept. 25, 1986, as amended at 52 property to be identified prior to the FR 22747, June 15, 1987] State’s request for a conversion. In such cases, an express commitment to § 59.4 Residency requirements. satisfy section 6(f)(3) substitution re- (a) Background. Section 6(f)(8) of the quirements within a specified period, L&WCF Act prohibits discrimination normally not to exceed one year fol- on the basis of residence, including lowing conversion approval, must be preferential reservation or membership received from the State. This commit- systems, except to the extent that rea- ment will be in the form of an amend- sonable differences in admission and ment to the grant agreement. other fees may be maintained on such (d) Obsolete facilities. Recipients are basis. This prohibition applies to both not required to continue operation of a regularly scheduled and special events. particular facility beyond its useful The general provisions regarding non- life. However, when a facility is de- discrimination at sites assisted under clared obsolete, the site must nonethe- Interior programs and, thereby, all less be maintained for public outdoor other recreation facilities managed by recreation following discontinuance of a project sponsor, are covered in 43 the assisted facility. Failure to so CFR part 17 which implements the pro- maintain is considered to be a conversion. Requests regarding changes from visions of Title VI of the Civil Rights a L&WCF funded facility to another Act of 1964 for the Department. otherwise eligible facility at the same (b) Policy. There shall be no discrimi- site that significantly contravene the nation for L&WCF assisted programs original plans for the area must be and services on the basis of residence, made in writing to the Regional Direc- except in reasonable fee differentials. tor. NPS approval must be obtained Post-completion compliance respon- prior to the occurrence of the change. sibilities of the recipient should con- NPS approval is not necessarily re- tinue to ensure that discrimination on quired, however, for each and every fa- the basis of residency is not occurring. cility use change. Rather, a project (c) Fees. Fees charged to nonresidents area should be viewed in the context of cannot exceed twice that charged to overall use and should be monitored in residents. Where there is no charge for this context. A change from a baseball residents but a fee is charged to non- field to a football field, for example, residents, nonresident fees cannot ex- would not require NPS approval. A ceed fees charged for residents at com- change from a swimming pool with parable State or local public facilities. substantial recreational development Reservation, membership, or annual to a less intense area of limited devel- permit systems available to residents opment such as a passive park, or vice must also be available to nonresidents versa, would, however, require NPS review and approval. To assure that facil- and the period of availability must be ity changes do not significantly con- the same for both residents and non- travene the original project agreement, residents. Recipients are prohibited NPS shall be notified by the State of from providing residents the option of all proposed changes in advance of purchasing annual or daily permits their occurrence. A primary NPS con- while at the same time restricting non- sideration in the review of requests for residents to the purchase of annual changes in use will be the consistency permits only. These provisions apply of the proposal with the Statewide only to the approved 6(f)(3) areas appli- Comprehensive Outdoor Recreation cable to the recipient. Nonresident Plan and/or equivalent recreation fishing and hunting license fees are ex- plans. Changes to other than public cluded from these requirements.

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§§ 59.5–59.6 [Reserved] significance and designated as National Historic Landmarks; PART 60—NATIONAL REGISTER OF (3) Nominations prepared under ap- HISTORIC PLACES proved State Historic Preservation Programs, submitted by the State His- toric Preservation Officer and approved Sec. by the NPS; 60.1 Authorization and expansion of the Na- tional Register. (4) Nominations from any person or 60.2 Effects of listing under Federal law. local government (only if such prop- 60.3 Definitions. erty is located in a State with no ap- 60.4 Criteria for evaluation. proved State Historic Preservation 60.5 Nomination forms and information col- Program) approved by the NPS and; lection. (5) Nominations of Federal properties 60.6 Nominations by the State Historic prepared by Federal agencies, sub- Preservation Officer under approved mitted by the Federal Preservation Of- State Historic Preservation programs. ficer and approved by NPS. 60.7–60.8 [Reserved] 60.9 Nominations by Federal agencies. § 60.2 Effects of listing under Federal 60.10 Concurrent State and Federal nomina- law. tions. 60.11 Requests for nominations. The National Register is an authori- 60.12 Nomination appeals. tative guide to be used by Federal, 60.13 Publication in the Federal Register State, and local governments, private and other NPS notification. groups and citizens to identify the Na- 60.14 Changes and revisions to properties tion’s cultural resources and to indi- listed in the National Register. cate what properties should be consid- 60.15 Removing properties from the Na- ered for protection from destruction or tional Register. impairment. Listing of private prop- AUTHORITY: National Historic Preservation erty on the National Register does not Act of 1966, as amended, 16 U.S.C. 470 et seq., prohibit under Federal law or regula- and E.O. 11593. tion any actions which may otherwise SOURCE: 46 FR 56187, Nov. 16, 1981, unless be taken by the property owner with otherwise noted. respect to the property. (a) The National Register was de- § 60.1 Authorization and expansion of signed to be and is administered as a the National Register. planning tool. Federal agencies under- (a) The National Historic Preserva- taking a project having an effect on a tion Act of 1966, 80 Stat. 915, 16 U.S.C. listed or eligible property must provide 470 et seq., as amended, authorizes the the Advisory Council on Historic Pres- Secretary of the Interior to expand and ervation a reasonable opportunity to maintain a National Register of dis- comment pursuant to section 106 of the tricts, sites, buildings, structures, and National Historic Preservation Act of objects significant in American his- 1966, as amended. The Council has tory, architecture, archeology, engi- adopted procedures concerning, inter neering and culture. The regulations alia, their commenting responsibility herein set forth the procedural require- in 36 CFR part 800. Having complied ments for listing properties on the Na- with this procedural requirement the tional Register. Federal agency may adopt any course (b) Properties are added to the Na- of action it believes is appropriate. tional Register through the following While the Advisory Council comments processes. must be taken into account and inte- (1) Those Acts of Congress and Execu- grated into the decisionmaking proc- tive orders which create historic areas ess, program decisions rest with the of the National Park System adminis- agency implementing the undertaking. tered by the National Park Service, all (b) Listing in the National Register or portions of which may be deter- also makes property owners eligible to mined to be of historic significance be considered for Federal grants-in-aid consistent with the intent of Congress; for historic preservation. (2) Properties declared by the Sec- (c) If a property is listed in the Na- retary of the Interior to be of national tional Register, certain provisions of

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the Tax Reform Act of 1976 as amended Examples by the Revenue Act of 1978 and the Tax Molly Brown House (Denver, CO) Treatment Extension Act of 1980 may Meek Mansion and Carriage House (Hayward, apply. These provisions encourage the CA) preservation of depreciable historic Huron County Courthouse and Jail (Nor- structures by allowing favorable tax walk, OH) treatments for rehabilitation, and dis- Fairntosh Plantation (Durham vicinity, NC) courage destruction of historic build- (b) Chief elected local official. Chief ings by eliminating certain otherwise elected local official means the mayor, available Federal tax provisions both county judge, county executive or oth- for demolition of historic structures erwise titled chief elected administra- and for new construction on the site of tive official who is the elected head of demolished historic buildings. Owners the local political jurisdiction in which of historic buildings may benefit from the property is located. the investment tax credit provisions of (c) Determination of eligibility. A deter- the Revenue Act of 1978. The Economic mination of eligibility is a decision by Recovery Tax Act of 1981 generally re- the Department of the Interior that a places the rehabilitation tax incentives district, site, building, structure or ob- under these laws beginning January 1, ject meets the National Register cri- 1982 with a 25% investment tax credit teria for evaluation although the prop- for rehabilitations of historic commercial, industrial and residential build- erty is not formally listed in the Na- ings. This can be combined with a 15- tional Register. A determination of eli- year cost recovery period for the ad- gibility does not make the property el- justed basis of the historic building. igible for such benefits as grants, Historic buildings with certified re- loans, or tax incentives that have list- habilitations receive additional tax ing on the National Register as a pre- savings by their exemption from any requisite. requirement to reduce the basis of the (d) District. A district is a geographi- building by the amount of the credit. cally definable area, urban or rural, The denial of accelerated depreciation possessing a significant concentration, for a building built on the site of a de- linkage, or continuity of sites, build- molished historic building is repealed ings, structures, or objects united by effective January 1, 1982. The Tax past events or aesthetically by plan or Treatment Extension Act of 1980 in- physical development. A district may cludes provisions regarding charitable also comprise individual elements sep- contributions for conservation pur- arated geographically but linked by as- poses of partial interests in histori- sociation or history. cally important land areas or structures. Examples (d) If a property contains surface coal Georgetown Historic District (Washington, resources and is listed in the National DC) Register, certain provisions of the Sur- Martin Luther King Historic District (At- face Mining and Control Act of 1977 re- lanta, GA) quire consideration of a property’s his- Durango-Silverton Narrow-Gauge Railroad toric values in the determination on (right-of-way between Durango and issuance of a surface coal mining per- Silverton, CO) mit. (e) Federal Preservation Officer. The Federal Preservation Officer is the offi- § 60.3 Definitions. cial designated by the head of each (a) Building. A building is a structure Federal agency responsible for coordi- created to shelter any form of human nating that agency’s activities under activity, such as a house, barn, church, the National Historic Preservation Act hotel, or similar structure. Building of 1966, as amended, and Executive may refer to a historically related Order 11593 including nominating prop- complex such as a courthouse and jail erties under that agency’s ownership or or a house and barn. control to the National Register.

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(f) Keeper of the National Register of historical or scientific value that may Historic Places. The Keeper is the indi- be, by nature or design, movable yet vidual who has been delegated the au- related to a specific setting or environ- thority by NPS to list properties and ment. determine their eligibility for the Na- tional Register. The Keeper may fur- Examples ther delegate this authority as he or Delta Queen Steamboat (Cincinnati, OH) she deems appropriate. Adams Memorial (Rock Creek Cemetery, (g) Multiple Resource Format submis- Washington, DC) sion. A Multiple Resource Format sub- Sumpter Valley Gold Dredge (Sumpter, OR) mission for nominating properties to (k) Owner or owners. The term owner the National Register is one which in- or owners means those individuals, cludes all or a defined portion of the partnerships, corporations or public cultural resources identified in a speci- agencies holding fee simple title to fied geographical area. property. Owner or owners does not in- (h) National Park Service (NPS). The clude individuals, partnerships, cor- National Park Service is the bureau of porations or public agencies holding the Department of Interior to which easements or less than fee interests the Secretary of Interior has delegated (including leaseholds) of any nature. the authority and responsibility for ad- (l) Site. A site is the location of a sig- ministering the National Register pro- nificant event, a prehistoric or historic gram. occupation or activity, or a building or (i) National Register Nomination Form. structure, whether standing, ruined, or National Register Nomination Form vanished, where the location itself means (1) National Register Nomina- maintains historical or archeological tion Form NPS 10–900, with accom- value regardless of the value of any ex- panying continuation sheets (where isting structure. necessary) Form NPS 10–900a, maps and photographs or (2) for Federal Examples nominations, Form No. 10–306, with Cabin Creek Battlefield (Pensacola vicinity, continuation sheets (where necessary) OK) Form No. 10–300A, maps and photo- Mound Cemetery Mound (Chester vicinity, graphs. Such nomination forms must OH) be ‘‘adequately documented’’ and Mud Springs Pony Express Station Site (Dal- ‘‘technically and professionally correct ton vicinity, NE) and sufficient.’’ To meet these require- (m) State Historic Preservation Officer. ments the forms and accompanying The State Historic Preservation Officer maps and photographs must be com- is the person who has been designated pleted in accord with requirements and by the Governor or chief executive or guidance in the NPS publication, ‘‘How by State statute in each State to ad- to Complete National Register Forms’’ minister the State Historic Preserva- and other NPS technical publications tion Program, including identifying on this subject. Descriptions and state- and nominating eligible properties to ments of significance must be prepared the National Register and otherwise in accord with standards generally ac- administering applications for listing cepted by academic historians, archi- historic properties in the National Reg- tectural historians and archeologists. ister. The nomination form is a legal docu- (n) State Historic Preservation Program. ment and reference for historical, ar- The State Historic Preservation Pro- chitectural, and archeological data gram is the program established by upon which the protections for listed each State and approved by the Sec- and eligible properties are founded. retary of Interior for the purpose of The nominating authority certifies carrying out the provisions of the Na- that the nomination is adequately doc- tional Historic Preservation Act of umented and technically and profes- 1966, as amended, and related laws and sionally correct and sufficient upon regulations. Such program shall be ap- nomination. proved by the Secretary before the (j) Object. An object is a material State may nominate properties to the thing of functional, aesthetic, cultural, National Register. Any State Historic

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Preservation Program in effect under § 60.4 Criteria for evaluation. prior authority of law before December 12, 1980, shall be treated as an approved The criteria applied to evaluate prop- program until the Secretary approves a erties (other than areas of the National program submitted by the State for Park System and National Historic purposes of the Amendments or Decem- Landmarks) for the National Register ber 12, 1983, unless the Secretary choos- are listed below. These criteria are es to rescind such approval because of worded in a manner to provide for a program deficiencies. wide diversity of resources. The fol- (o) State Review Board. The State Re- lowing criteria shall be used in evalu- view Board is a body whose members ating properties for nomination to the represent the professional fields of National Register, by NPS in reviewing American history, architectural his- nominations, and for evaluating Na- tory, historic architecture, prehistoric tional Register eligibility of prop- and historic archeology, and other pro- erties. Guidance in applying the cri- fessional disciplines and may include teria is further discussed in the ‘‘How citizen members. In States with ap- To’’ publications, Standards & Guide- proved State historic preservation pro- lines sheets and Keeper’s opinions of grams the State Review Board reviews the National Register. Such materials and approves National Register nomi- are available upon request. nations concerning whether or not National Register criteria for evaluation. The they meet the criteria for evaluation quality of significance in American history, prior to their submittal to the NPS. architecture, archeology, engineering, and (p) Structure. A structure is a work culture is present in districts, sites, build- made up of interdependent and inter- ings, structures, and objects that possess in- related parts in a definite pattern of tegrity of location, design, setting, materials, workmanship, feeling, and association organization. Constructed by man, it is and often an engineering project large in (a) that are associated with events that scale. have made a significant contribution to the broad patterns of our history; or Examples (b) that are associated with the lives of Swanton Covered Railroad Bridge (Swanton persons significant in our past; or vicinity, VT) (c) that embody the distinctive character- Old Point Loma Lighthouse (San Diego, CA) istics of a type, period, or method of con- North Point Water Tower (Milwaukee, WI) struction, or that represent the work of a Reber Radio Telescope (Green Bay vicinity, master, or that possess high artistic values, WI) or that represent a significant and distinguishable entity whose components may (q) Thematic Group Format submission. lack individual distinction; or A Thematic Group Format submission (d) that have yielded, or may be likely to for nominating properties to the Na- yield, information important in prehistory tional Register is one which includes a or history. finite group of resources related to one Criteria considerations. Ordinarily ceme- another in a clearly distinguishable teries, birthplaces, or graves of historical way. They may be related to a single figures, properties owned by religious insti- historic person, event, or develop- tutions or used for religious purposes, structures that have been moved from their origi- mental force; of one building type or nal locations, reconstructed historic build- use, or designed by a single architect; ings, properties primarily commemorative in of a single archeological site form, or nature, and properties that have achieved related to a particular set of archeo- significance within the past 50 years shall logical research problems. not be considered eligible for the National (r) To nominate. To nominate is to Register. However, such properties will qual- propose that a district, site, building, ify if they are integral parts of districts that structure, or object be listed in the Na- do meet the criteria of if they fall within the following categories: tional Register of Historic Places by (a) A religious property deriving primary preparing a nomination form, with ac- significance from architectural or artistic companying maps and photographs distinction or historical importance; or which adequately document the prop- (b) A building or structure removed from erty and are technically and profes- its original location but which is significant sionally correct and sufficient. primarily for architectural value, or which is

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the surviving structure most importantly as- § 60.6 Nominations by the State His- sociated with a historic person or event; or toric Preservation Officer under ap- (c) A birthplace or grave of a historical fig- proved State Historic Preservation ure of outstanding importance if there is no programs. appropriate site or building directly associ- (a) The State Historic Preservation ated with his productive life. Officer is responsible for identifying (d) A cemetery which derives its primary and nominating eligible properties to significance from graves of persons of tran- the National Register. Nomination scendent importance, from age, from distinctive design features, or from association forms are prepared under the super- with historic events; or vision of the State Historic Preserva- (e) A reconstructed building when accu- tion Officer. The State Historic Preser- rately executed in a suitable environment vation Officer establishes statewide and presented in a dignified manner as part priorities for preparation and sub- of a restoration master plan, and when no mittal of nominations for all prop- other building or structure with the same as- erties meeting National Register cri- sociation has survived; or teria for evaluation within the State. (f) A property primarily commemorative in All nominations from the State shall intent if design, age, tradition, or symbolic be submitted in accord with the State value has invested it with its own excep- priorities, which shall be consistent tional significance; or with an approved State historic preser- (g) A property achieving significance with- vation plan. in the past 50 years if it is of exceptional im- (b) The State shall consult with local portance. authorities in the nomination process. This exception is described further in NPS The State provides notice of the intent ‘‘How To’’ #2, entitled ‘‘How to Evaluate and to nominate a property and solicits Nominate Potential National Register Prop- written comments especially on the erties That Have Achieved Significance significance of the property and wheth- Within the Last 50 Years’’ which is available from the National Register of Historic er or not it meets the National Reg- Places Division, National Park Service, ister criteria for evaluation. The State United States Department of the Interior, notice also gives owners of private Washington, D.C. 20240. property an opportunity to concur in or object to listing. The notice is car- § 60.5 Nomination forms and informa- ried out as specified in the subsections tion collection. below. (c) As part of the nomination process, (a) All nominations to the National each State is required to notify in writ- Register are to be made on standard ing the property owner(s), except as National Register forms. These forms specified in paragraph (d) of this sec- are provided upon request to the State tion, of the State’s intent to bring the Historic Preservation Officer, partici- nomination before the State Review pating Federal agencies and others by Board. The list of owners shall be ob- the NPS. For archival reasons, no tained from either official land rec- other forms, photocopied or otherwise, ordation records or tax records, which- will be accepted. ever is more appropriate, within 90 (b) The information collection re- days prior to the notification of intent quirements contained in this part have to nominate. If in any State the land been approved by the Office of Manage- recordation or tax records is not the ment and Budget under 44 U.S.C. 3507 most appropriate list from which to ob- and assigned clearance number 1024– tain owners that State shall notify the 0018. The information is being collected Keeper in writing and request approval as part of the nomination of properties that an alternative source of owners to the National Register. This informa- may be used. tion will be used to evaluate the eligi- The State is responsible for notifying bility of properties for inclusion in the only those owners whose names appear National Register under established on the list consulted. Where there is criteria. The obligation to respond is more than one owner on the list, each required to obtain a benefit. separate owner shall be notified. The State shall send the written notification at least 30 but not more than 75

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days before the State Review Board suggested that a public information meeting. Required notices may vary in meeting be held in the immediate area some details of wording as the States prior to the State Review Board meet- prefer, but the content of notices must ing. If the State wishes to individually be approved by the National Register. notify all property owners, it may do The notice shall give the owner(s) at so, pursuant to procedures specified in least 30 but not more than 75 days to subsection 60.6(c), in which case, the submit written comments and concur State need not publish a general no- in or object in writing to the nomina- tice. tion of such property. At least 30 but (e) For Multiple Resource and The- not more than 75 days before the State matic Group Format submission, each Review Board meeting, the States are district, site, building, structure and also required to notify by the above object included in the submission is mentioned National Register approved treated as a separate nomination for notice the applicable chief elected offi- the purpose of notification and to pro- cial of the county (or equivalent gov- vide owners of private property the op- ernmental unit) and municipal political jurisdiction in which the property portunity to concur in or object in is located. The National Register nomi- writing to the nomination in accord nation shall be on file with the State with this section. Historic Preservation Program during (f) The commenting period following the comment period and a copy made notifications can be waived only when available by mail when requested by all property owners and the chief elect- the public, or made available at a loca- ed local official have advised the State tion of reasonable access to all affected in writing that they agree to the waiv- property owners, such as a local library er. courthouse, or other public place, prior (g) Upon notification, any owner or to the State Review Board meeting so owners of a private property who wish that written comments regarding the to object shall submit to the State His- nomination can be prepared. toric Preservation Officer a notarized (d) For a nomination with more than statement certifying that the party is 50 property owners, each State is re- the sole or partial owner of the private quired to notify in writing at least 30 property, as appropriate, and objects to but not more than 75 days in advance the listing. In nominations with mul- of the State Review Board meeting the tiple ownership of a single private chief elected local officials of the coun- property or of districts, the property ty (or equivalent governmental unit) will not be listed if a majority of the and municipal political jurisdiction in owners object to listing. Upon receipt which the property or district is lo- of notarized objections respecting a cated. The State shall provide general district or single private property with notice to property owners concerning multiple owners, it is the responsi- the State’s intent to nominate. The bility of the State Historic Preserva- general notice shall be published at tion Officer to ascertain whether a ma- least 30 days but not more than 75 days jority of owners of private property before the State Review Board meeting have objected. If an owner whose name and provide an opportunity for the sub- did not appear on the list certifies in a mission of written comments and pro- written notarized statement that the vide the owners of private property or party is the sole or partial owner of a a majority of such owners for districts nominated private property such owner an opportunity to concur in or object shall be counted by the State Historic in writing to the nomination. Such Preservation Officer in determining general notice must be published in one whether a majority of owners has ob- or more local newspapers of general jected. Each owner of private property circulation in the area of the nomina- in a district has one vote regardless of tion. The content of the notices shall how many properties or what part of be approved by the National Register. one property that party owns and re- If such general notice is used to notify gardless of whether the property con- the property owners for a nomination tributes to the significance of the dis- containing more than 50 owners, it is trict.

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(h) If a property has been submitted opinion concerning whether or not the to and approved by the State Review property meets the criteria for evalua- Board for inclusion in the National tion and the opinion of the State Re- Register prior to the effective date of view Board to the Keeper of the Na- this section, the State Historic Preser- tional Register for a final decision on vation Officer need not resubmit the the listing of the property. The opinion property to the State Review Board; of the State Review Board may be the but before submitting the nomination minutes of the Review Board meeting. to the NPS shall afford owners of pri- The State Historic Preservation Officer vate property the opportunity to con- shall submit such disputed nomina- cur in or object to the property’s inclu- tions if so requested within 45 days of sion in the Register pursuant to appli- the State Review Board meeting by the cable notification procedures described State Review Board or the chief elect- above. (i) [Reserved] ed local official of the local, county or (j) Completed nomination forms or municipal political subdivision in the documentation proposed for sub- which the property is located but need mission on the nomination forms and not otherwise do so. Such nominations comments concerning the significance will be substantively reviewed by the of a property and its eligibility for the Keeper. National Register are submitted to the (m) The State Historic Preservation State Review Board. The State Review Officer shall also submit to the Keeper Board shall review the nomination nominations if so requested under the forms or documentation proposed for appeals process in § 60.12. submission on the nomination forms (n) If the owner of a private property and any comments concerning the or the majority of such owners for a property’s significance and eligibility district or single property with mul- for the National Register. The State tiple owners have objected to the nomi- Review Board shall determine whether nation prior to the submittal of a nom- or not the property meets the National ination, the State Historic Preserva- Register criteria for evaluation and tion Officer shall submit the nomina- make a recommendation to the State tion to the Keeper only for a deter- Historic Preservation Officer to ap- mination of eligibility pursuant to sub- prove or disapprove the nomination. section (s) of this section. (k) Nominations approved by the State Review Board and comments re- (o) The State Historic Preservation ceived are then reviewed by the State Officer signs block 12 of the nomina- Historic Preservation Officer and if he tion form if in his or her opinion the or she finds the nominations to be ade- property meets the National Register quately documented and technically, criteria for evaluation. The State His- professionally, and procedurally cor- toric Preservation Officer’s signature rect and sufficient and in conformance in block 12 certifies that: with National Register criteria for (1) All procedural requirements have evaluation, the nominations are sub- been met; mitted to the Keeper of the National (2) The nomination form is ade- Register of Historic Places, National quately documented; Park Service, United States Depart- (3) The nomination form is tech- ment of the Interior, Washington, D.C. nically and professionally correct and 20240. All comments received by a sufficient; State and notarized statements of ob- (4) In the opinion of the State His- jection to listing are submitted with a toric Preservation Officer, the property nomination. meets the National Register criteria (l) If the State Historic Preservation for evaluation. Officer and the State Review Board disagree on whether a property meets the (p) When a State Historic Preserva- National Register criteria for evaluation Officer submits a nomination form tion, the State Historic Preservation for a property that he or she does not Officer, if he or she chooses, may sub- believe meets the National Register mit the nomination with his or her

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criteria for evaluation, the State His- that the Keeper substantively review toric Preservation Officer signs a con- the nomination. Such petitions re- tinuation sheet Form NPS 10–900a ex- ceived by the Keeper prior to the list- plaining his/her opinions on the eligi- ing of a property in the National Reg- bility of the property and certifying ister or a determination of its eligi- that: bility where the private owners object (1) All procedural requirements have to listing will be considered by the been met; Keeper and the nomination will be sub- (2) The nomination form is ade- stantively reviewed. quately documented; (u) State Historic Preservation Offi- (3) The nomination form is tech- cers are required to inform the prop- nically and professionally correct and erty owners and the chief elected local sufficient. official when properties are listed in (q) Notice will be provided in the the National Register. In the case of a FEDERAL REGISTER that the nominated nomination where there are more than property is being considered for listing 50 property owners, they may be noti- in the National Register of Historic fied of the entry in the National Reg- Places as specified in § 60.13. ister by the same general notice stated (r) Nominations will be included in in § 60.6(d). States which notify all the National Register within 45 days of property owners individually of entries receipt by the Keeper or designee un- in the National Register need not pub- less the Keeper disapproves a nomina- lish a general notice. tion, an appeal is filed, or the owner of (v) In the case of nominations where private property (or the majority of the owner of private property (or the such owners for a district or single property with multiple owners) objects majority of such owners for a district by notarized statements received by or single property with multiple own- the Keeper prior to listing. Nomina- ers) has objected and the Keeper has tions which are technically or profes- determined the nomination eligible for sionally inadequate will be returned for the National Register, the State His- correction and resubmission. When a toric Preservation Officer shall notify property does not appear to meet the the appropriate chief elected local offi- National Register criteria for evalua- cial and the owner(s) of such property tion, the nomination will be returned of this determination. The general no- with an explanation as to why the tice may be used for properties with property does not meet the National more than 50 owners as described in Register criteria for evaluation. § 60.6(d) or the State Historic Preserva- (s) If the owner of private property tion Officer may notify the owners in- (or the majority of such owners for a dividually. district or single property with mul- (w) If subsequent to nomination a tiple owners) has objected to the nomi- State makes major revisions to a nomination by notarized statement prior to nation or renominates a property re- listing, the Keeper shall review the jected by the Keeper, the State His- nomination and make a determination toric Preservation Officer shall notify of eligibility within 45 days of receipt, the affected property owner(s) and the unless an appeal is filed. The Keeper chief elected local official of the revi- shall list such properties determined sions or renomination in the same eligible in the National Register upon manner as the original notification for receipt of notarized statements from the nomination, but need not resubmit the owner(s) of private property that the nomination to the State Review the owner(s) no longer object to listing. Board. Comments received and nota- (t) Any person or organization which rized statements of objection must be supports or opposes the nomination of forwarded to the Keeper along with the a property by a State Historic Preser- revisions or renomination. The State vation Officer may petition the Keeper Historic Preservation Officer also cer- during the nomination process either tifies by the resubmittal that the af- to accept or reject a nomination. The fected property owner(s) and the chief petitioner must state the grounds of elected local official have been renoti- the petition and request in writing fied. ‘‘Major revisions’’ as used herein

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means revisions of boundaries or im- their jurisdiction or control that ap- portant substantive revisions to the pear to qualify for listing on the Na- nomination which could be expected to tional Register of Historic Places. Ad- change the ultimate outcome as to ditional responsibilities of Federal whether or not the property is listed in agencies are detailed in the National the National Register by the Keeper. Historic Preservation Act of 1966, as (x) Notwithstanding any provision amended, Executive Order 11593, the hereof to the contrary, the State His- National Environmental Policy Act of toric Preservation Officer in the nomi- 1969, the Archeological and Historic nation notification process or other- Preservation Act of 1974, and proce- wise need not make available to any dures developed pursuant to these au- person or entity (except a Federal thorities, and other related legislation. agency planning a project, the property (b) Nomination forms are prepared owner, the chief elected local official of under the supervision of the Federal the political jurisdiction in which the Preservation Officer designated by the property is located, and the local his- head of a Federal agency to fulfill toric preservation commission for cer- agency responsibilities under the Na- tified local governments) specific infor- tional Historic Preservation Act of mation relating to the location of prop- 1966, as amended. erties proposed to be nominated to, or (c) Completed nominations are sub- listed in, the National Register if he or mitted to the appropriate State His- she determines that the disclosure of toric Preservation Officer for review specific information would create a and comment regarding the adequacy risk of destruction or harm to such of the nomination, the significance of properties. the property and its eligibility for the (y) With regard to property under National Register. The chief elected Federal ownership or control, com- local officials of the county (or equiva- pleted nomination forms shall be sub- lent governmental unit) and municipal mitted to the Federal Preservation Of- political jurisdiction in which the ficer for review and comment. The Fed- property is located are notified and eral Preservation Officer, may approve given 45 days in which to comment. the nomination and forward it to the The State Historic Preservation Officer Keeper of the National Register of His- toric Places, National Park Service, signs block 12 of the nomination form United States Department of the Inte- with his/her recommendation. rior, Washington, D.C. 20240. (d) After receiving the comments of the State Historic Preservation Officer, [46 FR 56187, Nov. 16, 1981, as amended at 48 and chief elected local official, or if FR 46308, Oct. 12, 1983] there has been no response within 45 §§ 60.7–60.8 [Reserved] days, the Federal Preservation Officer may approve the nomination and for- § 60.9 Nominations by Federal agen- ward it to the Keeper of the National cies. Register of Historic Places, National (a) The National Historic Preserva- Park Service, United States Depart- tion Act of 1966, as amended, requires ment of the Interior, Washington, D.C. that, with the advice of the Secretary 20240. The Federal Preservation Officer and in cooperation with the State His- signs block 12 of the nomination form toric Preservation Officer of the State if in his or her opinion the property involved, each Federal agency shall es- meets the National Register criteria tablish a program to locate, inventory for evaluation. The Federal Preserva- and nominate to the Secretary all tion Officer’s signature in block 12 cer- properties under the agency’s owner- tifies that: ship or control that appear to qualify (1) All procedural requirements have for inclusion on the National Register. been met; Section 2(a) of Executive Order 11593 (2) The nomination form is ade- provides that Federal agencies shall lo- quately documented; cate, inventory, and nominate to the (3) The nomination form is tech- Secretary of the Interior all sites, nically and professionally correct and buildings, districts, and objects under sufficient;

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(4) In the opinion of the Federal Pres- cept or reject a nomination. The peti- ervation Officer, the property meets tioner must state the grounds of the the National Register criteria for eval- petition and request in writing that uation. the Keeper substantively review the (e) When a Federal Preservation Offi- nomination. Such petition received by cer submits a nomination form for a the Keeper prior to the listing of a property that he or she does not be- property in the National Register or a lieve meets the National Register cri- determination of its eligibility where teria for evaluation, the Federal Pres- the private owner(s) object to listing ervation Officer signs a continuation will be considered by the Keeper and sheet Form NPS 10–900a explaining his/ the nomination will be substantively her opinions on the eligibility of the reviewed. property and certifying that: (1) All procedural requirements have § 60.10 Concurrent State and Federal been met; nominations. (2) The nomination form is ade- (a) State Historic Preservation Offi- quately documented; cers and Federal Preservation Officers (3) The nomination form is tech- are encouraged to cooperate in locat- nically and professionally correct and ing, inventorying, evaluating, and sufficient. nominating all properties possessing (f) The comments of the State His- historical, architectural, archeological, toric Preservation Officer and chief or cultural value. Federal agencies local official are appended to the nomi- may nominate properties where a por- nation, or, if there are no comments tion of the property is not under Fed- from the State Historic Preservation eral ownership or control. Officer an explanation is attached. (b) When a portion of the area in- Concurrent nominations (see § 60.10) cluded in a Federal nomination is not cannot be submitted, however, until located on land under the ownership or the nomination has been considered by control of the Federal agency, but is an the State in accord with Sec. 60.6, integral part of the cultural resource, supra. Comments received by the State the completed nomination form shall concerning concurrent nominations be sent to the State Historic Preserva- and notarized statements of objection tion Officer for notification to property must be submitted with the nomina- owners, to give owners of private prop- tion. erty an opportunity to concur in or ob- (g) Notice will be provided in the ject to the nomination, to solicit writ- FEDERAL REGISTER that the nominated ten comments and for submission to property is being considered for listing the State Review Board pursuant to in the National Register of Historic the procedures in § 60.6. Places in accord with § 60.13. (c) If the State Historic Preservation (h) Nominations will be included in Officer and the State Review Board the National Register within 45 days of agree that the nomination meets the receipt by the Keeper or designee un- National Register criteria for evalua- less the Keeper disapproves such nomi- tion, the nomination is signed by the nation or an appeal is filed. Nomina- State Historic Preservation Officer and tions which are technically or profes- returned to the Federal agency initi- sionally inadequate will be returned for ating the nomination. If the State His- correction and resubmission. When a toric Preservation Officer and the property does not appear to meet the State Review Board disagree, the nomi- National Register criteria for evalua- nation shall be returned to the Federal tion, the nomination will be returned agency with the opinions of the State with an explanation as to why the Historic Preservation Officer and the property does not meet the National State Review Board concerning the Register criteria for evaluation. adequacy of the nomination and wheth- (i) Any person or organization which er or not the property meets the cri- supports or opposes the nomination of teria for evaluation. The opinion of the a property by a Federal Preservation State Review Board may be the min- Officer may petition the Keeper during utes of the State Review Board meet- the nomination process either to ac- ing. The State Historic Preservation

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Officer’s signed opinion and comments shall comply with the notification re- shall confirm to the Federal agency quirements in § 60.6 and schedule the that the State nomination procedures property for presentation at the ear- have been fulfilled including notifica- liest possible State Review Board tion requirements. Any comments re- meeting. Scheduling shall be con- ceived by the State shall be included sistent with the State’s established pri- with the letter as shall any notarized orities for processing nominations. If statements objecting to the listing of the nomination form is adequately doc- private property. umented, but the property does not ap- (d) If the owner of any privately pear to meet National Register criteria owned property, (or a majority of the for evaluation, the State Historic Pres- owners of such properties within a dis- ervation Officer need not process the trict or single property with multiple nomination, unless so requested by the owners) objects to such inclusion by Keeper pursuant to § 60.12. notarized statement(s) the Federal His- (d) The State Historic Preservation toric Preservation Officer shall submit Officer’s response shall advise the ap- the nomination to the Keeper for re- plicant of the property’s position in ac- view and a determination of eligibility. cord with the State’s priorities for Comments, opinions, and notarized processing nominations and of the ap- statements of objection shall be sub- proximate date the applicant can ex- mitted with the nomination. pect its consideration by the State Re- (e) The State Historic Preservation view Board. The State Historic Preser- Officer shall notify the non-Federal vation Officer shall also provide notice owners when a concurrent nomination to the applicant of the time and place is listed or determined eligible for the of the Review Board meeting at least 30 National Register as required in § 60.6. but not more than 75 days before the meeting, as well as complying with the § 60.11 Requests for nominations. notification requirements in § 60.6. (a) The State Historic Preservation (e) Upon action on a nomination by Officer or Federal Preservation Officer the State Review Board, the State His- as appropriate shall respond in writing toric Preservation Officer shall, within within 60 days to any person or organi- 90 days, submit the nomination to the zation submitting a completed Na- National Park Service, or, if the State tional Register nomination form or re- Historic Preservation Officer does not questing consideration for any pre- consider the property eligible for the viously prepared nomination form on National Register, so advise the appli- record with the State or Federal agen- cant within 45 days. cy. The response shall provide a tech- (f) If the applicant substantially re- nical opinion concerning whether or vises a nomination form as a result of not the property is adequately docu- comments by the State or Federal mented and appears to meet the Na- agency, it may be treated by the State tional Register criteria for evaluation Historic Preservation Officer or Fed- in § 60.4. If the nomination form is de- eral Preservation Officer as a new sub- termined to be inadequately docu- mittal and reprocessed in accord with mented, the nominating authority the requirements in this section. (g) The Federal Preservation Officer shall provide the applicant with an ex- shall request the comments of the planation of the reasons for that deter- State Historic Preservation Officer and mination. (b) If the nomination form does not notify the applicant in writing within appear to be adequately documented, 90 days of receipt of an adequately doc- upon receiving notification, it shall be umented nomination form as to wheth- the responsibility of the applicant to er the Federal agency will nominate provide necessary additional docu- the property. The Federal Preservation mentation. Officer shall submit an adequately doc- (c) If the nomination form appears to umented nomination to the National be adequately documented and if the Park Service unless in his or her opin- property appears to meet the National ion the property is not eligible for the Register criteria for evaluation, the National Register. State Historic Preservation Officer [48 FR 46308, Oct. 12, 1983]

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§ 60.12 Nomination appeals. pursuant to §§ 60.6 or 60.9 and submit (a) Any person or local government the nomination to the Keeper without may appeal to the Keeper the failure or delay. (d) State Historic Preservation Offi- refusal of a nominating authority to cers and Federal Preservation Officers nominate a property that the person or shall process and submit such nomina- local government considers to meet the tions if so requested by the Keeper pur- National Register criteria for evalua- suant to this section. The Secretary re- tion upon decision of a nominating au- serves the right to list properties in thority to not nominate a property for the National Register or determine any reason when requested pursuant to properties eligible for such listing on § 60.11, or upon failure of a State His- his own motion when necessary to as- toric Preservation Officer to nominate sist in the preservation of historic re- a property recommended by the State sources and after notifying the owner Review Board. (This action differs from and appropriate parties and allowing the procedure for appeals during the re- for a 30-day comment period. view of a nomination by the National (e) No person shall be considered to Park Service where an individual or or- have exhausted administrative rem- ganization may ‘‘petition the Keeper edies with respect to failure to nomi- during the nomination process,’’ as nate a property to the National Reg- specified in §§ 60.6(t) and 60.9(i). Upon ister until he or she has complied with receipt of such petition the normal 45- procedures set forth in this section. day review period will be extended for The decision of the Keeper is the final 30 days beyond the date of the petition administrative action on such appeals. to allow the petitioner to provide additional documentation for review.) [48 FR 46308, Oct. 12, 1983] (b) Such appeal shall include a copy of the nomination form and docu- § 60.13 Publication in the Federal Reg- mentation previously submitted to the ister and other NPS notification. State Historic Preservation Officer or (a) When a nomination is received, Federal Preservation Officer, an expla- NPS will publish notice in the FEDERAL nation of why the applicant is submit- REGISTER that the property is being ting the appeal in accord with this sec- considered for listing in the National tion and shall include pertinent cor- Register. A 15-day commenting period respondence from the State Historic from date of publication will be pro- Preservation Officer or Federal Preser- vided. When necessary to assist in the vation Officer. preservation of historic properties this (c) The Keeper will respond to the ap- 15-day period may be shortened or pellant and the State Historic Preser- waived. vation Officer or Federal Preservation (b) NPS shall notify the appropriate Officer with a written explanation ei- State Historic Preservation Officer, ther denying or sustaining the appeal Federal Preservation Officer, person or within 45 days of receipt. If the appeal local government when there is no ap- is sustained, the Keeper will: proved State program of the listing of (1) Request the State Historic Preser- the property in the National Register vation Officer or Federal Preservation and will publish notice of the listing in Officer to submit the nomination to the FEDERAL REGISTER. the Keeper within 15 days if the nomi- (c) In nominations where the owner nation has completed the procedural of any privately owned property (or a requirements for nomination as de- majority of the owners of such prop- scribed in §§ 60.6 or 60.9 except that con- erties within a district or single prop- currence of the State Review Board, erty with multiple owners) has ob- State Historic Preservation Officer or jected and the Keeper has determined Federal Preservation Officer is not re- the nomination eligible for the Na- quired; or tional Register, NPS shall notify the (2) If the nomination has not com- State Historic Preservation Officer, the pleted these procedural requirements, Federal Preservation Officer (for Fed- request the State Historic Preservation eral or concurrent nominations), the Officer or Federal Preservation Officer person or local government where to promptly process the nomination there is no approved State Historic

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Preservation Program and the Advi- photographing the historic resources sory Council on Historic Preservation. falling between the existing boundary NPS will publish notice of the deter- and the other proposed boundary. mination of eligibility in the FEDERAL (b) Relocating properties listed in the REGISTER. National Register. (1) Properties listed in the National Register should be § 60.14 Changes and revisions to prop- moved only when there is no feasible erties listed in the National Reg- alternative for preservation. When a ister. property is moved, every effort should (a) Boundary changes. (1) A boundary be made to reestablish its historic ori- alteration shall be considered as a new entation, immediate setting, and gen- property nomination. All forms, cri- eral environment. teria and procedures used in nomi- (2) If it is proposed that a property nating a property to the National Reg- listed in the National Register be ister must be used. In the case of moved and the State Historic Preserva- boundary enlargements only those tion Officer, Federal agency for a prop- owners in the newly nominated as yet erty under Federal ownership or con- unlisted area need be notified and will trol, or person or local government be counted in determining whether a where there is no approved State His- majority of private owners object to toric Preservation Program, wishes the listing. In the case of a diminution of a property to remain in the National boundary, owners shall be notified as Register during and after the move, the specified in § 60.15 concerning removing State Historic Preservation Officer or properties from the National Register. Federal Preservation Officer having A professionally justified recommenda- ownership or control or person or local tion by the State Historic Preservation government where there is no approved Officer, Federal Preservation Officer, State Historic Preservation Program, or person or local government where shall submit documentation to NPS there is no approved State Historic prior to the move. The documentation Preservation Program shall be pre- shall discuss: sented to NPS. During this process, the (i) The reasons for the move; property is not taken off the National (ii) The effect on the property’s his- Register. If the Keeper or his or her torical integrity; designee finds the recommendation in (iii) The new setting and general en- accordance with the National Register vironment of the proposed site, includ- criteria for evaluation, the change will ing evidence that the proposed site be accepted. If the boundary change is does not possess historical or archeo- not accepted, the old boundaries will logical significance that would be ad- remain. Boundary revisions may be ap- versely affected by the intrusion of the pealed as provided for in §§ 60.12 and property; and 60.15. (iv) Photographs showing the pro- (2) Four justifications exist for alter- posed location. ing a boundary: Professional error in (3) Any such proposal with respect to the initial nomination, loss of historic the new location shall follow the re- integrity, recognition of additional sig- quired notification procedures, shall be nificance, additional research docu- approved by the State Review Board if menting that a larger or smaller area it is a State nomination and shall con- should be listed. No enlargement of a tinue to follow normal review proce- boundary should be recommended un- dures. The Keeper shall also follow the less the additional area possesses pre- required notification procedures for viously unrecognized significance in nominations. The Keeper shall respond American history, architecture, arche- to a properly documented request with- ology, engineering or culture. No dimi- in 45 days of receipt from the State nution of a boundary should be rec- Historic Preservation Officer or Fed- ommended unless the properties being eral Preservation Officer, or within 90 removed do not meet the National Reg- days of receipt from a person or local ister criteria for evaluation. Any pro- government where there is no approved posal to alter a boundary has to be doc- State Historic Preservation Program, umented in detail including concerning whether or not the move is

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approved. Once the property is moved, new site does not possess historical or the State Historic Preservation Officer, archeological significance that would Federal Preservation Officer, or person be adversely affected by intrusion of or local government where there is no the property. approved State Historic Preservation In addition, new photographs, acreage, Program shall submit to the Keeper for verbal boundary description and a review: U.S.G.S. map showing the structure at (i) A letter notifying him or her of its new location must be sent along the date the property was moved; with the revised nomination. Any such (ii) Photographs of the property on nomination submitted by a State must its new site; and be approved by the State Review (iii) Revised maps, including a Board. U.S.G.S. map, (iv) Acreage, and (5) Properties moved in a manner (v) Verbal boundary description. consistent with the comments of the Advisory Council on Historic Preserva- The Keeper shall respond to a properly tion, in accord with its procedures (36 documented submittal within 45 days CFR part 800), are granted as exception of receipt with the final decision on to § 60.12(b). Moving of properties in ac- whether the property will remain in cord with the Advisory Council’s proce- the National Register. If the Keeper ap- dures should be dealt with individually proves the move, the property will re- in each memorandum of agreement. In main in the National Register during such cases, the State Historic Preser- and after the move unless the integrity vation Officer or the Federal Preserva- of the property is in some unforeseen tion Officer, for properties under Fed- manner destroyed. If the Keeper does eral ownership or control, shall notify not approve the move, the property the Keeper of the new location after will be automatically deleted from the the move including new documentation National Register when moved. In as described above. cases of properties removed from the National Register, if the State, Federal § 60.15 Removing properties from the agency, or person or local government National Register. where there is no approved State His- toric Preservation Program has ne- (a) Grounds for removing properties glected to obtain prior approval for the from the National Register are as fol- move or has evidence that previously lows: unrecognized significance exists, or has (1) The property has ceased to meet accrued, the State, Federal agency, the criteria for listing in the National person or local government may resub- Register because the qualities which mit a nomination for the property. caused it to be originally listed have (4) In the event that a property is been lost or destroyed, or such quali- moved, deletion from the National ties were lost subsequent to nomina- Register will be automatic unless the tion and prior to listing; above procedures are followed prior to (2) Additional information shows the move. If the property has already that the property does not meet the been moved, it is the responsibility of National Register criteria for evalua- the State, Federal agency or person or tion; local government which nominated the (3) Error in professional judgment as property to notify the National Park to whether the property meets the cri- Service. Assuming that the State, Fed- teria for evaluation; or eral agency or person or local govern- (4) Prejudicial procedural error in the ment wishes to have the structure renomination or listing process. Prop- entered in the National Register, it erties removed from the National Reg- must be nominated again on new forms ister for procedural error shall be re- which should discuss: considered for listing by the Keeper (i) The reasons for the move; after correction of the error or errors (ii) The effect on the property’s his- by the State Historic Preservation Of- torical integrity, and ficer, Federal Preservation Officer, per- (iii) The new setting and general en- son or local government which origi- vironment, including evidence that the nally nominated the property, or by

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the Keeper, as appropriate. The proce- (e) The State Historic Preservation dures set forth for nominations shall be Officer or Federal Preservation Officer followed in such reconsiderations. Any shall respond in writing within 45 days property or district removed from the of receipt to petitions for removal of National Register for procedural defi- property from the National Register. ciencies in the nomination and/or list- The response shall advise the peti- ing process shall automatically be con- tioner of the State Historic Preserva- sidered eligible for inclusion in the Na- tion Officer’s or Federal Preservation tional Register without further action Officer’s views on the petition. and will be published as such in the (f) A petitioner desiring to pursue his FEDERAL REGISTER. removal request must notify the State (b) Properties listed in the National Historic Preservation Officer or the Register prior to December 13, 1980, Federal Preservation Officer in writing may only be removed from the Na- within 45 days of receipt of the written tional Register on the grounds estab- views on the petition. lished in paragraph (a)(1) of this sec- (g) The State Historic Preservation tion. Officer may elect to have a property (c) Any person or organization may considered for removal according to petition in writing for removal of a the State’s nomination procedures un- property from the National Register by less the petition is on procedural setting forth the reasons the property grounds and shall schedule it for con- should be removed on the grounds es- sideration by the State Review Board tablished in paragraph (a) of this sec- as quickly as all notification require- tion. With respect to nominations de- ments can be completed following pro- termined eligible for the National Reg- cedures outlined in § 60.6, or the State ister because the owners of private Historic Preservation Officer may elect property object to listing, anyone may to forward the petition for removal to petition for reconsideration of whether the Keeper with his or her comments or not the property meets the criteria without State Review Board consider- for evaluation using these procedures. ation. Petitions for removal are submitted to (h) Within 15 days after receipt of the the Keeper by the State Historic Pres- petitioner’s notification of intent to ervation Officer for State nominations, pursue his removal request, the State the Federal Preservation Officer for Historic Preservation Officer shall no- Federal nominations, and directly to tify the petitioner in writing either the Keeper from persons or local gov- that the State Review Board will con- ernments where there is no approved sider the petition on a specified date or State Historic Preservation Program. that the petition will be forwarded to (d) Petitions submitted by persons or the Keeper after notification require- local governments where there is no ments have been completed. The State approved State Historic Preservation Historic Preservation Officer shall for- Program shall include a list of the ward the petitions to the Keeper for re- owner(s). In such cases the Keeper shall view within 15 days after notification notify the affected owner(s) and the requirements or Review Board consid- chief elected local official and give eration, if applicable, have been com- them an opportunity to comment. For pleted. approved State programs, the State (i) Within 15 days after receipt of the Historic Preservation Officer shall no- petitioner notification of intent to pur- tify the affected owner(s) and chief sue his petition, the Federal Preserva- elected local official and give them an tion Officer shall forward the petition opportunity to comment prior to sub- with his or her comments and those of mitting a petition for removal. The the State Historic Preservation Officer Federal Preservation Officer shall no- to the Keeper. tify and obtain the comments of the (j) The Keeper shall respond to a peti- appropriate State Historic Preserva- tion for removal within 45 days of re- tion Officer prior to forwarding an ap- ceipt, except where the Keeper must peal to NPS. All comments and opin- notify the owners and the chief elected ions shall be submitted with the peti- local official. In such cases the Keeper tion. shall respond within 90 days of receipt.

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The Keeper shall notify the petitioner 61.4 State programs. and the applicable State Historic Pres- 61.5 Grants to State programs. ervation Officer, Federal Preservation 61.6 Certified local government programs. Officer, or person or local government 61.7 Subgrants to certified local govern- where there is no approved State His- ments. 61.8 Tribal programs. [Reserved] toric Preservation Program, of his de- 61.9 Grants to tribal programs. [Reserved] cision. The State Historic Preservation 61.10 Waiver. Officer or Federal Preservation Officer 61.11 Information collection. transmitting the petition shall notify AUTHORITY: 16 U.S.C. 470 et seq. the petitioner, the owner(s), and the chief elected local official in writing of SOURCE: 64 FR 11742, Mar. 9, 1999, unless the decision. The Keeper will provide otherwise noted. such notice for petitions from persons or local governments where there is no § 61.1 Authorization. approved State Historic Preservation The National Historic Preservation Program. The general notice may be Act of 1966, as amended (16 U.S.C. 470 et used for properties with more than 50 seq.): owners. If the general notice is used it (a) Requires the Secretary of the In- shall be published in one or more news- terior (Secretary) to promulgate regu- papers with general circulation in the lations for: area of the nomination. (1) Approving and overseeing State (k) The Keeper may remove a prop- historic preservation programs; erty from the National Register on his (2) Certifying local governments to own motion on the grounds established carry out the purposes of the Act; in paragraph (a) of this section, except (3) Ensuring that applicable State for those properties listed in the Na- Historic Preservation Officers (SHPOs) tional Register prior to December 13, allocate to certified local governments 1980, which may only be removed from (CLGs) a share of grants that the the National Register on the grounds SHPOs receive under the Act; and established in paragraph (a)(1) of this (4) Assisting Indian tribes in pre- section. In such cases, the Keeper will serving their particular ‘‘historic prop- notify the nominating authority, the erties’’ (as defined by the Act); affected owner(s) and the applicable (b) Directs the Secretary to admin- chief elected local official and provide ister a program of grants-in-aid to them an opportunity to comment. States and Indian tribes for historic Upon removal, the Keeper will notify preservation projects and programs the nominating authority of the basis that the Secretary has approved; and for the removal. The State Historic (c) Requires the Secretary to make Preservation Officer, Federal Preserva- available information concerning pro- tion Officer, or person or local govern- fessional standards, methods, and tech- ment which nominated the property niques for the preservation of ‘‘historic shall notify the owner(s) and the chief properties’’ (as defined by the Act) and elected local official of the removal. the administration of historic preser- (l) No person shall be considered to vation programs. have exhausted administrative remedies with respect to removal of a prop- § 61.2 Definitions. erty from the National Register until As used in this part: the Keeper has denied a petition for re- (a) All terms that the National His- moval pursuant to this section. toric Preservation Act of 1966, as amended, defines have the same mean- PART 61—PROCEDURES FOR STATE, ing in the regulations in this part that TRIBAL, AND LOCAL GOVERN- the statute provides; see especially sec- MENT HISTORIC PRESERVATION tions 101(a)(1)(A), 101(b), 101(c)(4), 108, PROGRAMS and 301. (b) Act means the National Historic Sec. Preservation Act of 1966, as amended, 61.1 Authorization. (16 U.S.C. 470 et seq.). 61.2 Definitions. (c) Chief elected local official means 61.3 Implementation of this part. the elected head of a local government.

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(d) The Secretary’s Standards means identifies and provides from time to only the ‘‘Standards’’ portions and not time after appropriate consultation the ‘‘Guidelines’’ portions of ‘‘the Sec- and notice. retary of the Interior’s Standards and (c) Each State historic preservation Guidelines for Archeology and Historic program staff member, State Historic Preservation.’’ The Secretary’s Stand- Preservation Review Board (Review ards provide broad national principles Board) member, and certified local gov- of archeological and historic preserva- ernment (CLG) historic preservation tion practices and methods. ‘‘The Sec- review commission (Commission) mem- retary of the Interior’s Standards and ber whom the Secretary has approved Guidelines for Archeology and Historic as meeting ‘‘the Secretary’s (Historic Preservation’’ also contains ‘‘the Sec- Preservation) Professional Qualifica- retary’s Guidelines’’ which provide tions Standards’’ will retain that sta- broad national guidance on how to tus, regardless of subsequent revisions apply ‘‘the Secretary’s Standards.’’ to those Standards, until such time as (e) State historic preservation program that individual no longer works in that or State program means a State govern- program, or serves on that Review ment organization or program meeting Board, or serves on that Commission the requirements that section 101(b) of with which that individual was affili- the Act specifies. ated as of the date of that individual’s approval. § 61.3 Implementation of this part. (d) You may obtain publications and (a) National Park Service policy of man- other information mentioned in this agement by exception. The National part by contacting: Heritage Preserva- Park Service (NPS) will administer the tion Services, National Center for Cul- regulations in this part in such a way tural Resource Stewardship and Part- (and where feasible) as to: nership Programs, National Park Serv- (1) Limit the use of direct Federal ice, 1849 C Street NW (NC Suite 200), management review procedures to high Washington, D.C. 20240 or via the Na- risk situations, to new programs, or to tional Park Service Home Page for cul- activities that are appropriate for the tural programs at http://www.cr.nps.gov. Federal Government to oversee; (2) Presume that State, tribal, and § 61.4 State programs. local government historic preservation officials manage their programs in an (a) For a State to participate in the accountable way unless situations indi- program that this part describes, the cate the contrary; and Governor must appoint and designate a (3) Rely to the maximum extent fea- State Historic Preservation Officer sible on State, tribal, and local govern- (SHPO) to administer the State his- ment systems of financial and program toric preservation program. management that meet Federal stand- (b) It is the responsibility of the ards. At the discretion of the Sec- SHPO to carry out the duties and ac- retary, each State, tribal, and local tivities that section 101 (b)(3) of the government may substitute its own fis- Act describes. In performing those du- cal audit and management systems for ties and activities: the Secretary’s comparable fiscal audit (1) The SHPO must carry out a his- and management requirements, so long toric preservation planning process as the State, tribal, or local govern- that includes the development and im- ment system establishes and maintains plementation of a comprehensive state- accounting standards substantially wide historic preservation plan that similar to Federal standards and pro- provides guidance for effective decision vides for independent peer review. making about historic property preser- (b) The Secretary’s Standards. NPS vation throughout the State. will use the Secretary’s Standards as (2) The SHPO, in addition to sur- technical performance standards for veying and maintaining inventories of matters covered by this part. NPS may historic properties, may also obtain: also use as technical performance (i) Comparative data valuable in de- standards (for matters covered by this termining the National Register eligi- part) additional guidance that NPS bility of properties;

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(ii) Information on properties that ferent approach would better serve an may become eligible for the National appropriate balance of historic prop- Register of Historic Places with the erty, customer or constituent, and his- passage of time; and/or toric preservation needs. (iii) Information on the absence of (d) Procedures for review and approval historic properties for use in planning of State historic preservation programs. for public and private development (1) In accordance with the Act, the Sec- projects. retary will evaluate each State pro- (3) The SHPO must provide for ade- gram for consistency with the Act peri- quate public participation in the State odically, but not less often than every historic preservation program as a four years. If the Secretary determines whole. that it meets the program require- (i) As part of the process of recom- ments of paragraphs (a), (b), (e) and (f) mending a property to the National of this section, he or she will approve Register, the SHPO must comply with the State program as set forth in this the consultation and notification pro- section. cedures contained in 36 CFR part 60. (2) The Secretary may use on-site (ii) The SHPO may authorize other and/or off-site inquiries to perform persons or entities to fulfill the notice such evaluation. The Secretary will requirements in 36 CFR part 60 pursu- provide the SHPO with a timely report ant to the Secretary’s written guid- containing written findings and anal- ance. yses that highlight the strengths and (iii) The SHPO also may authorize weaknesses of the State program. the historic preservation review com- (3) Approval method. (i) If the Sec- mission (Commission) of a certified retary determines that a State pro- local government (CLG) to act in place gram is consistent with the Act, the re- of the State Historic Preservation Re- port will include notice that the State view Board (Review Board) for the pur- program’s approved status continues. pose of considering National Register (ii) If the Secretary determines that nominations within its jurisdiction, a State program has major aspects not provided that the Commission both consistent with the Act, the report will meets the professional qualifications include notice of deficiencies along required for the Review Board when with required actions for correcting considering such nominations and oth- them. Unless circumstances warrant erwise follows the Secretary’s written immediate action, the Secretary will guidance. provide a specified period to allow the (iv) In accordance with the Sec- SHPO either to correct the deficiencies retary’s written guidance and with the or to present for Secretarial approval a consent of both the property owners in justifiable plan and timetable for cor- a nomination and the chief elected recting the deficiencies. During this local official, the Review Board (or the period, the SHPO has the opportunity Commission acting in its place) may to request that the Secretary recon- consider the nomination without a sider any findings and required actions. face-to-face meeting. (iii) The Secretary will provide time- (4) The SHPO may carry out all or ly notice of continued approved State any part of his or her responsibilities program status to a SHPO successfully by contract or cooperative agreement resolving deficiencies. Once the Sec- with any qualified nonprofit organiza- retary renews a State program’s ap- tion, educational institution, or other- proved status, he or she generally will wise pursuant to State law. However, not review the program until the next the SHPO may not delegate the respon- regular evaluation period. However, if sibility for compliance with the Act or the Secretary deems it necessary, he or with grant assistance terms and condi- she may conduct a review more often. tions. (iv) The Secretary will provide time- (c) The Secretary will consider indi- ly notice of the revocation of a pro- vidual SHPO proposals for programs gram’s approved status to any SHPO that, for a specified period, include whose program has deficiencies that fewer duties than those section warrant immediate action or that re- 101(b)(3) of the Act specifies, if a dif- main uncorrected after the expiration

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of the period specified pursuant to qualified State historic preservation paragraph (d)(3)(ii) of this section. The Review Board (Review Board). Secretary will then initiate financial (1) All Review Board members must suspension and other actions in accord- have demonstrated competence, inter- ance with the Act, applicable regu- est, or knowledge in historic preserva- latory requirements, and related guid- tion. A majority of Review Board mem- ance that the National Park Service bers must meet ‘‘the Secretary of the issues. Interior’s (Historic Preservation) Pro- (e) The SHPO must appoint or em- fessional Qualifications Standards’’ ploy a professionally qualified staff. which are part of the larger ‘‘Sec- (1) Except as approved pursuant to retary’s Standards and Guidelines for paragraph (e)(2) of this section, the Archeology and Historic Preserva- staff must include at a minimum, one tion.’’ The members meeting ‘‘the Sec- individual meeting ‘‘the Secretary’s retary’s (Historic Preservation) Profes- (Historic Preservation) Professional sional Qualifications Standards’’ must Qualifications Standards’’ for history, include at a minimum, one individual one individual meeting ‘‘the Sec- meeting ‘‘the Secretary’s (Historic retary’s (Historic Preservation) Profes- Preservation) Professional Qualifica- sional Qualifications Standards’’ for tions Standards’’ for history, one indi- historic or prehistoric archeology, and vidual meeting ‘‘the Secretary’s (His- one individual meeting ‘‘the Sec- toric Preservation) Professional Quali- retary’s (Historic Preservation) Profes- fications Standards’’ for prehistoric sional Qualifications Standards’’ for archeology or historic archeology, and architectural history. ‘‘The Secretary’s one individual meeting ‘‘the Sec- (Historic Preservation) Professional retary’s (Historic Preservation) Profes- Qualifications Standards’’ and related sional Qualifications Standards’’ for guidance are part of the larger ‘‘Sec- architectural history. One person may meet the Standards for more than one retary of the Interior’s Standards and required discipline. The other Review Guidelines for Archeology and Historic Board members, if any, who comprise Preservation.’’ The SHPO may deter- the majority that meets ‘‘the Sec- mine that additional professional staff retary’s (Historic Preservation) Profes- members representing the required or sional Qualifications Standards’’ may other disciplines are necessary to ad- represent, subject to the SHPO’s selec- minister the State program in accord- tion, any of the disciplines that those ance with the Act. ‘‘Standards’’ describe. (2) The Secretary will consider pro- (2) The Secretary will consider proposals from a SHPO for a minimum re- posals from a SHPO for a minimum required staff composition that differs quired Review Board composition that from the requirement that paragraph differs from the requirement that para- (e)(1) of this section specifies, if the graph (f)(1) of this section specifies, if proposal addresses better an appro- the proposal addresses better an appropriate balance of historic property, priate balance of historic property, customer or constituent, and historic customer or constituent, and historic preservation needs in that State. preservation needs in that State. (3) When a staff position that para- (3) When a required Review Board po- graph (e)(1) of this section requires be- sition becomes vacant, the SHPO must comes vacant, the SHPO must fill the fill the vacancy in a timely manner. In vacancy in a timely manner. In the in- the interim, the SHPO must ensure terim, the SHPO must ensure that ap- that the Review Board has access to propriately qualified individuals ad- advice from appropriately qualified in- dress technical matters. A vacancy in a dividuals. A lapse of more than one required position that persists for more year in filling the vacancy is cause for than six months is cause for review, review, comment, and appropriate ac- comment, and appropriate action by tion by the Secretary. the Secretary. (4) The Review Board must meet as (f) Unless State law provides for a often as is necessary to complete its different method of appointment, the work in a timely fashion but no less SHPO must appoint an adequate and often than once a year.

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(5) The Review Board must adopt tional Park Service (NPS)-approved written procedures governing its oper- certification process, the SHPO must ations consistent with the provisions of prepare a written certification agree- this section and related guidance that ment between the SHPO and the local the National Park Service issues. government. The certification agree- (6) Review Board responsibilities in- ment must list the specific responsibil- clude, but are not limited to, the fol- ities of the local government when cer- lowing: tified. The SHPO must submit to the (i) Providing advice to the SHPO on Secretary the written certification the full range of Historic Preservation agreement and any additional informa- Fund-supported activities, that section tion as is necessary for the Secretary 101 (b)(3) of the Act describes; to certify the local government pursu- (ii) Reviewing and making rec- ant to the Act and this part. If the Sec- ommendations on National Register retary does not disapprove the pro- nomination proposals; posed certification within 15 working (iii) Participating in the review of days of receipt, the Secretary has cer- appeals to National Register nomina- tified the local government. tions; and (d) Beyond the minimum responsibil- (iv) Performing such other duties as ities set out in the Act for all CLGs, may be appropriate. the SHPO may make additional delegations of responsibility to individual § 61.5 Grants to State programs. CLGs. However, these delegations may (a) Each State with an approved not include the SHPO’s overall respon- State program is eligible for grants-in- sibility derived from the Act or where aid from the Historic Preservation law or regulation specifies. Fund (HPF). (e) The SHPO must ensure that each (b) The National Park Service (NPS) local government satisfies the fol- will administer HPF matching grants- lowing minimum requirements as con- in-aid in accordance with the Act, OMB ditions for certification. Each CLG Circular A–133 and 43 CFR part 12, and must: related guidance that NPS issues. Fail- (1) Enforce appropriate State or local ure by a State program to meet these legislation for the designation and pro- requirements is cause for comment and tection of historic properties. The appropriate action by the Secretary. State procedures must define what constitutes appropriate legislation, as long § 61.6 Certified local government pro- as: grams. (i) Designation provisions in such (a) Each approved State program legislation include the identification must provide a mechanism for certifi- and registration of properties for pro- cation (by the State Historic Preserva- tection that meet criteria established tion Officer and the Secretary) of local by the State or the locality for signifi- governments to carry out the purposes cant historic and prehistoric resources of the Act. within the jurisdiction of the local gov- (b) Each State Historic Preservation ernment; Officer (SHPO) must follow procedures (ii) Protection provisions in such leg- that the Secretary approves for the islation include a local review process certification of local governments. under State or local law for proposed Each SHPO also must follow proce- demolitions of, changes to, or other ac- dures for removal of certified local gov- tion that may affect historic properties ernment (CLG) status for cause. A as paragraph (e)(1)(i) of this section de- SHPO must submit any proposed scribes; and amendment to its procedures to the (iii) The legislation otherwise is con- Secretary for approval. The Secretary sistent with the Act. will act on each proposal in a timely (2) Establish by State or local law fashion generally within 45 days of re- and maintain an adequate and qualified ceipt. historic preservation review commis- (c) When a SHPO approves a local sion (Commission). All Commission government certification request in ac- members must have a demonstrated in- cordance with the State program’s Na- terest, competence, or knowledge in

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historic preservation. Unless State or vation program as a whole. The SHPO local legislation provides for a dif- must provide each CLG with appro- ferent method of appointment, the priate guidance on mechanisms to en- chief elected local official must ap- sure adequate public participation in point all Commission members. the local historic preservation program (i) The State procedures must en- including the process for evaluating courage certified local governments to properties for nomination to the Na- include individuals who meet ‘‘the Sec- tional Register of Historic Places. retary’s (Historic Preservation) Profes- (5) Satisfactorily perform the respon- sional Qualifications Standards’’ sibilities delegated to it under the Act. among the membership of the Commis- The SHPO must monitor and evaluate sion, to the extent that such individ- the performance of each CLG according uals are available in the community. to written standards and procedures (ii) The State procedures may specify that the SHPO establishes. If a SHPO’s the minimum number of Commission evaluation of a CLG’s performance in- members who must meet ‘‘the Sec- dicates that such performance is inad- retary’s (Historic Preservation) Profes- equate, the SHPO must suggest in sional Qualifications Standards.’’ The writing ways to improve performance. State procedures may also specify If, after a period of time that the SHPO which, if any, disciplines the Commis- stipulates, the SHPO determines that sion’s membership must include from the CLG has not improved its perform- among those disciplines that the ance sufficiently, the SHPO may rec- Standards describe. Membership re- ommend that the Secretary decertify quirements set by the State procedures the local government. If the Secretary for Commissions must be cognizant of does not object within 30 working days the needs and functions of Commis- of receipt, the Secretary has approved sions in the State and subject to the the decertification. availability of such professionals in the (f) Effects of certification include: community concerned. (1) Inclusion in the process of nomi- (iii) Provided that the Commission is nating properties to the National Reg- otherwise adequate and qualified to ister of Historic Places in accordance carry out the responsibilities delegated with sections 101 (c)(2)(A) and (c)(2)(B) to it, the SHPO may certify a local of the Act. The SHPO may delegate to government without the minimum a CLG any of the responsibilities of the number or types of disciplines estab- SHPO and the Review Board in proc- lished in State procedures, if the local essing National Register nominations government can demonstrate that it as specified in 36 CFR part 60 (see also has made a reasonable effort to fill § 61.4(b)(3)), except for the authority to those positions, or that an alternative nominate properties directly to the Na- composition of the Commission best tional Register. A CLG may make meets the needs of the Commission and nominations directly to NPS only of the local government. when the State does not have an ap- (iv) The SHPO must make available proved program pursuant to § 61.4. to each Commission orientation mate- (2) Eligibility to apply for a portion rials and training designed to provide a of the State’s annual Historic Preser- working knowledge of the roles and op- vation Fund (HPF) grant award. Each erations of Federal, State, and local State must transfer at least 10 percent historic preservation programs, and of its annual HPF grant award to CLGs historic preservation in general. for historic preservation projects and (3) Maintain a system for the survey programs in accordance with the Act and inventory of historic properties. and as § 61.7 specifies. The SHPO must ensure that such sys- (g) The District of Columbia is ex- tems and the data that they produce empt from the requirements of this are capable of integration into and are section because there are no subordi- compatible with statewide inventories nated local governments in the Dis- and (when and as appropriate) with trict. If any other jurisdiction that sec- State and local planning processes. tion 301(2) of the Act defines as a State (4) Provide for adequate public par- believes that its political subdivisions ticipation in the local historic preser- lack authorities similar to those of

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local governments in other States, and in a timely fashion generally within 45 hence cannot satisfy the requirements days of receipt. for local government certification, it (d) Each SHPO must notify annually may apply to the Secretary for exemp- each CLG of its opportunity to apply tion from the requirements of this sec- for HPF funding as well as what is en- tion. tailed in the application and project se- (h) Procedures for direct certification by lection process. the Secretary where there is no approved (e) Each CLG receiving an HPF grant State program pursuant to § 61.4. To the award from the CLG share is a sub- extent feasible, the Secretary will en- grantee of the State. The SHPO must sure that there is consistency and con- ensure that each CLG adheres to all ap- tinuity in the CLG program of a State plicable grant conditions and govern- that does not have an approved State ment-wide and program specific re- program. quirements that the National Park (1) Where there is no approved State Service issues. The SHPO may require program, a local government wishing specific uses of funds subgranted to to become certified must apply directly CLGs. CLGs may not apply subgranted to the Secretary. HPF monies as matching share for any (2) The application must demonstrate other Federal grant. that the local government meets the (f) Where there is no approved State specifications for certification set program pursuant to § 61.4, the Sec- forth in paragraph (e) of this section. retary will determine the method for (3) The Secretary will review certifi- allocating funds to CLGs in that State cation applications under this para- in accordance with the procedures set graph (h) and take action in a timely forth for the State in this section. To fashion generally within 90 days of re- the extent feasible, the Secretary will ceipt. ensure consistency and continuity in the funding allocation policy of the § 61.7 Subgrants to certified local gov- CLG program for a State that does not ernments. have an approved historic preservation (a) Each SHPO must transfer at least program. 10 percent of its annual Historic Pres- § 61.8 Tribal programs. [Reserved] ervation Fund (HPF) grant award to CLGs as subgrants for historic preser- § 61.9 Grants to tribal programs. [Re- vation projects and programs in ac- served] cordance with the Act. In any year that the annual HPF State grant ap- § 61.10 Waiver. propriation exceeds $65,000,000, SHPOs The Secretary may waive any of the must transfer one half of the amount requirements of the rules in this part over $65,000,000 to CLGs according to that are not mandated by statute or by procedures that the Secretary will es- other applicable regulations if the Sec- tablish. retary finds, in writing, that the his- (b) Each CLG is eligible to receive toric preservation program would ben- funds from the 10 percent (or greater) efit from such waiver and the waiver CLG share of the State’s total annual would not compromise the purposes, HPF grant award. However, the SHPO conditions, and requirements of the need not award funds to all CLGs. National Historic Preservation Act of (c) Each SHPO must maintain and 1966, as amended. follow a procedure that the Secretary approves for the use and distribution of § 61.11 Information collection. funds from the State’s annual HPF (a) The Office of Management and grant award to CLGs to ensure that no Budget (OMB) under 44 U.S.C. 3507 et CLG receives a disproportionate share seq., has approved the collection of in- of the allocation. The procedure will formation contained in this part. OMB provide a clear basis for the funding de- has assigned clearance number 1024– cisions. The SHPO must submit any 0038 to this collection of information. proposed amendment to its procedure The National Park Service (NPS) col- to the Secretary for approval. The Sec- lects this information as part of the retary will respond to such a proposal process for reviewing the procedures

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and programs of State and local gov- 62.4 Natural landmark designation and rec- ernments participating in the national ognition process. historic preservation program and the 62.5 Natural landmark criteria. Historic Preservation Fund grant pro- 62.6 Natural landmark monitoring. 62.7 Natural landmark modifications. gram. NPS will use the information to 62.8 Natural landmark designation removal. evaluate those programs and proce- 62.9 General provisions. dures for consistency with the National Historic Preservation Act of 1966, as AUTHORITY: 16 U.S.C. 1a–5, 461 et seq., 463, 1908. amended, and compliance with government-wide grant requirements. The ob- SOURCE: 64 FR 25717, May 12, 1999, unless ligation to respond is required to ob- otherwise noted. tain a benefit under these programs. § 62.1 Purpose Note that a Federal agency may not conduct or sponsor, and a person is not The procedures in this part set forth required to respond to, a collection of the processes and criteria for the iden- information unless it displays a cur- tification, evaluation, designation and rently valid OMB control number. NPS monitoring of national natural land- provides no assurance of confiden- marks. tiality to respondents with the excep- (a) The National Natural Landmarks tion of locational information con- Program focuses attention on areas of cerning some properties that govern- exceptional natural value to the nation ment historic preservation property in- as a whole rather than to one par- ventories include. Pursuant to section ticular State or locality. The program 304 of the National Historic Preserva- recognizes areas preserved by Federal, tion Act of 1966, as amended, NPS State and local agencies as well as pri- tightly controls release of information vate organizations and individuals and when such release could have the po- encourages the owners of national nat- tential of damaging those qualities ural landmarks to voluntarily observe which make a property historic. preservation precepts. (b) The National Natural Landmarks (b) We estimate the public reporting Program identifies and preserves nat- burden for the collection of this infor- ural areas that best illustrate the bio- mation to average 14.06 hours per re- logical and geological character of the sponse, including the time for review- United States, enhances the scientific ing instructions, searching existing and educational values of preserved data sources, gathering and maintain- areas, strengthens public appreciation ing the data needed, and completing of natural history, and fosters a great- and reviewing the collection of infor- er concern for the conservation of the mation. Send comments regarding this nation’s natural heritage. burden estimate or any other aspect of this collection of information, includ- § 62.2 Definitions. ing suggestions for reducing the bur- The following definitions apply to den, to Ms. Diane M. Cooke, Informa- this part: tion Collection Officer, National Park National Natural Landmark is an area Service, 1849 C Street NW, Washington, designated by the Secretary of the In- D.C. 20240 and to the Office of Manage- terior as being of national significance ment and Budget, Office of Information to the United States because it is an and Regulatory Affairs, Attention: outstanding example(s) of major bio- Desk Officer for the Department of the logical and geological features found Interior (1024–0038), Washington, D.C. within the boundaries of the United 20503. States or its Territories or on the Outer Continental Shelf. PART 62—NATIONAL NATURAL National Registry of Natural Land- LANDMARKS PROGRAM marks is the official listing of all designated national natural landmarks. Sec. National significance describes an area 62.1 Purpose. that is one of the best examples of a bi- 62.2 Definitions. ological community or geological fea- 62.3 Effects of designation. ture within a natural region of the

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United States, including terrestrial professional field experience in the nat- communities, landforms, geological ural region qualifies him/her to iden- features and processes, habitats of na- tify and comparatively evaluate nat- tive plant and animal species, or fossil ural areas at the regional or national evidence of the development of life. level. Natural region is a distinct physiographic province having similar § 62.3 Effects of designation. geologic history, structures, and (a) Designation of an area by the Sec- landforms. The basic physiographic retary as a national natural landmark characteristics of a natural region in- is not a land withdrawal, does not fluence its vegetation, climate, soils, change the ownership of an area, and and animal life. Examples include the does not dictate activity. However, Atlantic Coastal Plain, Great Basin, Federal agencies consider the unique and Brooks Range natural regions. properties of designated national nat- Owner means the individual(s), cor- ural landmarks and of areas that meet poration(s), or partnership(s) holding the criteria for national significance in fee simple title to property, or the head their planning and impact analysis (see of the public agency or subordinate em- § 62.6(f)), and there may be State or ployee of the public agency to whom local planning or land use implica- such authority was delegated and who tions. Designation as a national nat- is responsible for administering pub- ural landmark does not require or man- licly owned land. Owner does not in- date under Federal law any further clude individuals, partnerships, cor- State or local planning, zoning or other porations, or public agencies holding land-use action or decision. Owners easements or less than fee interests who agree to have their lands des- (including leaseholds) of any form. A ignated as a national natural landmark Native American tribe that is the bene- do not give up under Federal law any ficial fee simple owner of lands, with legal rights and privileges of ownership the United States as trustee, will be or use of the area. The Department considered as owner of private property does not gain any property interests in for the purposes of this part. Similarly, these lands. individual member(s) of a Native (b) Benefits of national natural land- American tribe who are beneficial mark designation include the positive owner(s) of property, allottee(s) held in recognition and appreciation of nation- trust by the United States, will be con- ally significant resources and the abil- sidered as owner(s) of private property ity of public agencies and private indi- for the purposes of this part. viduals and organizations to make Potential national natural landmark more informed development and plan- means an area that, based on rec- ning decisions early in regional plan- ommendation or initial comparison ning processes. In addition, some pri- with other areas in the same natural vate owners of commercially operated region, seems to merit further study of national natural landmarks that are its merits for possible national natural open to public visitation may choose to landmark designation. recognize and emphasize the national Prejudicial procedural error is one that significance of the areas by providing reasonably may be considered to have descriptive information to the public. affected the outcome of the designa- Under section 170(h) of the United tion process. States Internal Revenue Code, some Representative refers to any public or owners of national natural landmarks private individual, agency, or organiza- may be eligible to claim a charitable tion that is performing actions related contribution deduction on their Fed- to the identification, evaluation, des- eral income tax for qualified interests ignation or monitoring of national nat- in their natural landmark property do- ural landmarks on behalf of or in co- nated for a qualified conservation pur- operation with the National Park Serv- pose to a qualified conservation organi- ice (NPS), either under a contractual zation. agreement or as a volunteer. (c) The Secretary will provide an an- Scientist refers to an individual whose nual report to the Congress on dam- combination of academic training and aged or threatened designated national

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natural landmarks (see § 62.6(b)). The (3) After receiving the suggestions Secretary will also report to the Advi- from a natural region study and sug- sory Council on Historic Preservation gestions from other sources, the NPS any designated national natural land- determines which PNNL merit further marks that may be irreparably lost or study for possible national natural destroyed by surface mining activity landmark designation. This determina- (see § 62.6(e)). tion is based on comparison with existing national natural landmarks in the § 62.4 Natural landmark designation natural region, the national natural and recognition process. landmark criteria (see § 62.5) and other (a) Identification. Potential national information. natural landmarks are identified in the (b) First Notification. (1) Before a po- following manner. tential national natural landmark is (1) Natural region studies. The NPS evaluated by scientists as described in conducts inventories of the char- paragraph (c) of this section, the NPS acteristic biological and geological fea- notifies the owner(s) in writing, except tures in each natural region to provide as specified in paragraph (b)(2) of this a scientific basis for identifying poten- section. tial national natural landmarks. The (i) This notice advises the owner(s) NPS is responsible for the completion that the PNNL is being considered for of these studies, which are generally study for possible national natural landmark designation and provides in- done by qualified scientists under con- formation on the National Natural tract. A study provides a classification Landmarks Program, including an ex- and description of biological and geo- planation of the effects of national nat- logical features in that natural region ural landmark designation as described and an annotated list of areas that il- in § 62.3. lustrate those features. During a study, (ii) The notice also provides the the NPS or any representative of the owner with available information on NPS may enter onto land only after re- the area and its tentatively identified ceiving written permission from the significance, solicits the owner’s com- owner(s) of that land, except when the ments on the area, including any infor- land is publicly owned land and other- mation on current or anticipated land wise open to the public. use or activities that may affect the (2) Other entities. (i) Any public or pri- area’s natural values, integrity, or vate entity may suggest an area for other matters of concern, and informs study and possible national natural the owner of the source of the sugges- landmark designation. The entities in- tion for consideration. clude: (iii) The notice also requests owner (A) Federal agency programs that permission to enter the property, un- conduct inventories in order to identify less the area is otherwise open to the areas of special interest, for example, public, so the NPS or its representative essential wildlife habitat, research nat- can conduct an on-site evaluation of ural areas, and areas of critical envi- the PNNL as described under para- ronmental concern; and graph (c) of this section, and advises (B) State natural area programs that the owner of the procedures the NPS systematically and comprehensively will follow in considering the PNNL for classify, identify, locate and assess the possible designation. protective status of the biological and (2) Before a potential national nat- geological features located in a State. ural landmark having 50 or more own- (ii) If an individual, agency or orga- ers is evaluated by scientists as de- nization that suggests an area for na- scribed in paragraph (c) of this section, tional natural landmark consideration the NPS provides general notice to is not the owner of the area, written property owners. This general notice is permission of the owner(s) is required published in one or more local news- to enter onto the PNNL to gather in- papers of general circulation in the formation, except when the land is pub- area in which the potential national licly owned and otherwise open to the natural landmark is located. The no- public. tice provides the same information

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listed under paragraph (b)(1) of this of evaluation report(s) and the findings section. of the peer reviewers, the NPS makes a (3) During an on-site evaluation as determination that: described in paragraph (c) of this sec- (i) The PNNL does or does not appear tion, the NPS or any representative of to qualify for national natural land- the NPS will not enter onto land with- mark designation; or out permission from the owner(s), ex- (ii) Additional information is re- cept when the land is publicly owned quired before a decision can be made and otherwise open to the public. The about the status of the PNNL. NPS may complete evaluations of (4) When a PNNL does not seem to PNNL by using other information, in- qualify for national natural landmark cluding information that was pre- designation, the NPS notifies the viously gathered by other Federal or owner(s) as prescribed in paragraphs State agencies or gained from other (b)(1) and (2) of this section. scientific studies. The NPS notifies (d) Second Notification. (1) When the owners if areas are evaluated from ex- Director determines that an area meets isting information not requiring land the criteria for national significance, entry. the NPS notifies the owner(s) in writ- (4) The described procedures for pro- ing, except as specified in paragraph viding written notification to owners (d)(2) of this section. and receiving responses from owners (i) The notice references the rules in about the first notification are the re- this part, advises the owners of the sponsibility of the NPS and cannot be procedures the NPS follows and of the delegated to any representative of the effects of national natural landmark NPS. designation as described in § 62.3, pro- (c) Evaluation. (1) The NPS uses the vides the owner(s) with a copy of the national natural landmark criteria in evaluation report, and provides the § 62.5 to evaluate the potential natural owner(s) with the opportunity to com- landmark. Potential national natural ment. The list of owners must be ob- landmarks are evaluated on a natural tained from official land or tax records, region basis; i.e., similar areas that whichever is most appropriate, within represent a particular type of feature 90 days before issuing the second notifi- located in the same natural region are cation. compared to identify examples that are (ii) If in any State the land or tax most illustrative and have the most in- records are not helpful, the NPS can tact, undisturbed integrity. seek alternative sources to identify the (2) Evaluations are done by qualified owners. scientists who are familiar with the (iii) The NPS is responsible for noti- natural region and its types of biologi- fying only owners whose names appear cal and geological features. Evaluators on the list. make a detailed description of the (2) If an area has more than 50 own- area, including a proposed boundary ers, the NPS provides a general notice map, and assess its regional standing to the property owners. NPS will pub- using the national natural landmark lish a general notice in one or more criteria (see § 62.5) and any additional local newspapers of general circulation information provided by the NPS. in the region in which the area is lo- Evaluation reports must have been cated. A copy of the evaluation report completed or updated within the pre- is made available on request. In addi- vious 2 years in order to be considered tion, the NPS may conduct a public in- by the NPS. formation meeting, if widespread local (3) Completed evaluation reports are public interest warrants it or if re- reviewed by no fewer than three peer quested by the executive of the local reviewers, who are scientists familiar governmental jurisdiction in which the with the biological or geological fea- area is located. tures of the area or natural region. (3) In addition, NPS notifies appro- These reviewers provide the NPS with priate authorities, organizations and information on the scientific merit and individuals. The notices reference strength of supportive documentation these rules and advise the recipient of in the evaluation report. On the basis the proposed action, of the procedures

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the NPS follows, and of the effects of views about designation. In cir- national natural landmark designation cumstances where a single parcel of as described in § 62.3. Notice of the pro- land within a PNNL has more than one posed action is published also in the fee simple owner, an objection to des- FEDERAL REGISTER. NPS will notify: ignation of that property must be sub- (i) The executive of the local govern- mitted by a majority of the owners. mental jurisdiction in which the area (6) All described procedures for the (PNNL) is located; notification of owners and receiving re- (ii) The governor of the State; sponses from owners in the second no- (iii) Other appropriate State officials; tification process are the responsibility (iv) Senators and members of Con- of the NPS and cannot be delegated to gress who represent the district in any representative of the NPS. which the area is located; (e) Significance determination. (1) NPS (v) Native American tribal govern- will review all documentation includ- ments and native villages and corpora- ing, but not limited to, evaluation re- tions in the region; and ports, peer reviews, and received com- (vi) Other interested authorities, or- ments. If NPS determines that a PNNL ganizations and individuals as deemed does not meet the criteria for national appropriate. significance (see § 62.5), the NPS will (4) All notified entities, including notify the owner(s) in writing that non-owners, have 60 days to provide their land is no longer under consider- comments before NPS decides whether ation for national natural landmark the area meets the criteria for national designation. If PNNL are owned by 50 significance. To assist in the evalua- or more parties, the NPS will publish a tion of an area, comments should, general notice as described in para- among other factors, discuss the area’s graph (d)(2) of this section. In addition, features and integrity. Information is the NPS will notify in writing officials, also welcome on current or anticipated individuals and organizations notified land use or threats that could effect under paragraph (d)(3) of this section. the area. Any party may request a rea- (2) When the NPS determines that a sonable extension of the comment pe- PNNL meets the criteria for national riod when additional time is required significance, the NPS determines to study and comment on a landmark whether any private property owners proposal. The Director may grant these submitted valid written objection to requests if he or she determines they designation. are in the public interest. All com- (f) Areas meeting criteria. When the Di- ments received are considered in the rector of NPS determines by all avail- national natural landmark designation able information that a PNNL meets process. the criteria for national significance, (5) Upon individual or general notifi- but some private property owners sub- cation, any owner of private property mitted written objections to the pro- within a PNNL who wishes to object to posed national natural landmark des- national natural landmark designation ignation, the NPS maintains all this must submit a notarized statement to information about the area and which the Director to certify that he or she is shall be available as part of the envi- the sole or partial owner of record and ronmental analysis for any major fed- he or she objects to the designation. eral action for purposes of NEPA which These statements will be submitted impacts the NNL or these other lands. during the 60-day comment period. Notice of this action is provided by the Upon receipt of objections to the des- NPS to the owners as specified in para- ignation of a PNNL consisting of mul- graphs (d)(1) and (2) of this section and tiple parcels of land, the NPS must de- to officials, individuals and organiza- termine how much of it consists of tions notified under paragraph (d)(3) of owners who object to designation. If an this section. If some but not all of the owner whose name is not on the owner- property owners within a PNNL object ship list developed by the NPS certifies to designation, the NPS will exclude in a notarized statement that he or she the objecting properties and proceed is the sole or partial owner of the area, with the process only if enough area re- NPS will take into account his or her mains of non-objecting properties to

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allow sufficient representation of the also notifies the executive of the local significant natural features. governmental jurisdiction in which the (g) National Park System Advisory landmark is located, Native American Board. (1) The Director of the NPS re- tribal governments and native villages views the documentation of each area and corporations in the area, the gov- that meets the criteria for national ernor of the State, the congressional significance. When the Director deter- members who represent the district mines that the requirements of this and State in which the landmark is lo- part were met and that enough non-ob- cated, and other interested authorities, jecting valid private property owners organizations and individuals as exist to encompass an adequate portion deemed appropriate. The NPS prepares of the nationally significant features, the notifications and is responsible for the Director submits the information their distribution. Notices of new des- on the area (PNNL) to the National ignations are also published in the Park System Advisory Board. The FEDERAL REGISTER. board reviews the information and rec- (k) Presentation of plaque and certifi- ommends whether or not the land with cate. (1) After the Secretary designates consenting owners qualifies for na- an area as a national natural land- tional natural landmark designation. mark, the NPS may provide each (2) Notice of Advisory Board meet- owner who so requests with a certifi- ings to review national natural land- cate signed by the Secretary of the In- mark nominations and meeting agen- terior and the Director of the NPS at das are provided at least 60 days in ad- no cost to the owner(s). This certificate vance of the meeting by publication in recognizes the owner’s interest in pro- the FEDERAL REGISTER. The NPS also tecting and managing the area in a mails copies of the notice directly to manner that prevents the loss or dete- consenting owners of areas that are to rioration of the natural values on be considered at each meeting. Inter- which landmark designation is based. ested parties are encouraged to submit (2) If appropriate, NPS may also pro- written comments and recommenda- vide without charge a bronze plaque for tions that will be presented to the display in or near the national natural board. Interested parties may also at- landmark. Upon request, and to the extend the board meeting and upon re- tent NPS resources permit, the NPS quest may address the board con- may help arrange and participate in a cerning an area’s national significance. presentation ceremony. In accepting a (h) Submission to the Secretary. The plaque or certificate, owners give up Director submits the recommendation none of the rights and privileges of of the Advisory Board and materials ownership or use of the landmark and that the Director developed to the Sec- the Department of the Interior does retary for consideration of the nomi- not acquire any interest in the des- nated area for national natural land- ignated property. After a presentation, mark designation. the plaque remains the property of (i) Designation. The Secretary reviews NPS. If the landmark designation is re- the materials that the Director sub- moved in accordance with the proce- mitted and any other documentation dures in § 62.8, NPS may reclaim the and makes a decision on national nat- plaque. ural landmark designation. Areas that the Secretary designates as national § 62.5 Natural landmark criteria. natural landmarks are added to the Na- (a) Introduction. (1) National signifi- tional Registry of Natural Landmarks. cance describes an area that is one of (j) Third notification. When the Sec- the best examples of a biological or ge- retary designates an area as a national ological feature known to be char- natural landmark, the Secretary noti- acteristic of a given natural region. fies in writing the landmark owner(s) Such features include terrestrial and of areas with fewer than 50 owners. A aquatic ecosystems; geologic struc- general notice of designated areas with tures, exposures and landforms that 50 or more owners is published in one record active geologic processes or por- or more local newspapers of general tions of earth history; and fossil evi- circulation in the area. The Secretary dence of biological evolution. Because

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the general character of natural diver- most of which can be mapped at the sity is regionally distinct and cor- Earth’s surface at 1:24,000 scale or are related with broad patterns of physiog- traceable in the subsurface. In some raphy, many types of natural features cases, the NPS may further evaluate are entirely inside one of the 33 only a significant segment of a given physiographic provinces of the nation, natural feature, where the segment is as defined by Fenneman biologically or geologically representa- (Physiographic Divisions of the United tive and where the entire feature is so States, 1928) and modified as needed by large as to be impracticable for natural the NPS. landmark consideration (e.g., a moun- (2) Because no uniform, nationally tain range). Almost two-thirds of all applicable classification scheme for bi- national natural landmarks range from ological communities or geological fea- about 10 to 5,000 acres, but some are tures is accepted and used by the ma- larger or smaller because of the wide jority of organizations involved in nat- variety of natural features recognized ural-area inventories, a classification by the National Natural Landmarks system for each inventory of a natural Program. region was developed to identify the (b) Criteria. NPS uses the following types of regionally characteristic nat- criteria to evaluate the relative qual- ural features sought for representation ity of areas as examples of regionally on the National Registry of Natural characteristic natural features: Landmarks. Most types represent the (1) Primary criteria. Primary criteria scale of distinct biological commu- for a specific type of natural feature nities or individual geological, paleon- are the main basis for selection and are tological, or physiographic features, described in the following table:

Criterion Description Example

Illustrative character Area exhibits a combination of well-developed components Alpine glacier with classic shape, un- that are recognized in the appropriate scientific literature usual number of glaciological struc- as characteristic of a particular type of natural feature. tures like crevasses, and well-devel- Should be unusually illustrative, rather than merely statis- oped bordering moraine sequences. tically representative. Present condition ...... Area has been less disturbed by humans than other areas ... Large beech maple forest, only a small portion of which has been logged.

(2) Secondary criteria. Secondary cri- cannot be ranked using the primary teria are provided for additional con- criteria. Secondary criteria are de- sideration, if two or more similar area scribed in the following table:

Criterion Description Example

Diversity ...... In addition to its primary natural feature, area contains high Composite volcano that also illustrates quality examples of other biological and/or geological fea- geothermal phenomena. tures or processes. Rarity ...... In addition to its primary natural feature, area contains rare Badlands, including strata that contain geological or paleontological feature or biological commu- rare fossils. nity or provides high quality habitat for one or more rare, threatened, or endangered species. Value for Science Area contains known or potential information as a result of its Dunes landscape where process of eco- and Education. association with significant scientific discovery, concept, or logical succession was noted for first exceptionally extensive and long term record of on-site re- time. search and therefore offers unusual opportunities for public interpretation of the natural history of the United States.

§ 62.6 Natural landmark monitoring. ues that qualified them for landmark designation and to update administra- (a) Owner contact. The Field Offices of tive records on the areas. the NPS maintain periodic contacts (b) 8 (1) The Secretary, with the owners of designated national Section Report. through the NPS, prepares an annual natural landmarks to determine whether the landmarks retain the val-

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report to the Congress on all des- wise open to the public without first ignated national natural landmarks obtaining permission from the owner(s) with known or anticipated damage or or administrator(s). The NPS may threats to one or more of the resources monitor landmark condition without that made them nationally significant. entering onto lands where required per- This report is mandated by Section 8 of mission has not been granted by using the National Park System General Au- other existing information, including thorities Act of 1970, as amended, (16 telephone conversations with the U.S.C. 1a–5). owner(s) or manager(s) of the area, (2) A landmark is included in this re- written materials provided by the port if it has lost or is in imminent owner or manager, or information pre- danger of losing all or part of its nat- viously developed by other Federal or ural character to such a degree that State agencies or other scientific stud- one or more of the values that made it ies. The NPS provides owners with cop- nationally significant are or will be ir- ies of monitoring reports on their prop- reversibly damaged or destroyed. In as- erty, which will include the name and sessing the status of a landmark, NPS affiliation of the individual(s) who considers the condition of the land- completed the report. mark at the time of designation, in- (d) Section 8 report preparation. (1) cluding any changes that have oc- After completion of landmark moni- curred and any threats that could im- toring, the NPS Regional Offices for- pact it in the future. ward their findings and recommenda- (3) Section 8 also requires the Sec- tions to the NPS Washington Office. retary to make recommendations to The NPS Washington Office reviews the Congress on qualified areas for con- the Regional Office findings and rec- sideration as additions to the National ommendations and prepares a draft re- Park System. No legal mandate report listing only the national natural quires that the Congress take further landmarks with significant known or action about national natural land- anticipated damage or threats to the marks listed as damaged or threatened integrity of one or more of the re- or about areas that are recommended sources that made the area nationally for possible future additions to the Na- tional Park System. significant. (4) NPS Regional Offices are respon- (2) Pertinent portions of this draft re- sible for monitoring the condition of, port, including any executive sum- and for completing status reports on, mary, are provided to the owner(s) or all designated national natural land- administrator(s) of national natural marks in their regions. In some cases, landmarks listed as is feasible, as well the NPS may arrange with outside in- as to other interested authorities, or- dividuals, agencies or organizations to ganizations and individuals. All indi- monitor the status of selected national viduals have 30 days to provide written natural landmarks. NPS or its rep- comments to the NPS on the draft re- resentative usually monitors national port. Comments may include addi- natural landmark condition and status tional information on the condition of during a visit. landmarks or on the nature or immi- (c) Monitoring. (1) The NPS or its rep- nence of reported damage or threats to resentative notifies the owner(s) of a these landmarks. Owners are also national natural landmark of his or her asked to indicate whether they would pending visit to the area to determine like to receive a copy of the final re- its status and condition, and informs port, as described in paragraph (d)(3) of the owner(s) of the purposes of moni- this section. toring and its relation to the Sec- (3) The NPS reviews all comments on retary’s annual report on threatened or the draft report and prepares a final re- damaged landmarks. port, which the Director transmits to (2) While monitoring conditions of the Secretary for submission to the designated national natural land- Congress. Upon release of the final re- marks, neither NPS nor its representa- port, the NPS will provide a copy of tive will enter onto private property or the report to the owner(s) of landmarks onto public lands that are not other- who are listed in the report and have

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requested copies and to other inter- programs, and other public and private ested authorities, organizations and in- organizations or individuals. The NPS dividuals. determines the validity of these sug- (e) Mining in the Parks Act. If the NPS gestions by applying the natural land- determines that an entire or partial mark criteria or by conducting addi- national natural landmark may be ir- tional study. reparably lost or destroyed by surface (b) Boundary expansion. (1) Three jus- mining activity, including exploration tifications exist for enlarging the for or removal or production of min- boundary of a national natural land- erals or materials, NPS notifies the mark: better documentation of the ex- person that is conducting the activity tent of nationally significant features, and prepares a report that identifies professional error in the original des- the basis for the finding that the activ- ignation, or additional landowners ity may cause irreparable loss or de- with nationally significant features on struction. The NPS also notifies the their property desiring the designation. owner(s) of the national natural land- (2) If the NPS determines that an ex- mark in writing of its finding. The NPS pansion of the boundary of the national submits to the Advisory Council on natural landmark is appropriate, it Historic Preservation the report and a will use the designation process out- request for advice about alternative lined in § 62.4(b) through (j). If a bound- measures that may be taken by the ary is expanded, only the owners in the United States to mitigate or abate the newly considered but as yet not des- activity. The authority for this action ignated portion of the area are notified is contained in Section 9 of the Mining and asked if they object to designation. in the Parks Act of 1976 (16 U.S.C. 1908). (c) Boundary reduction. Two justifica- (f) National Environmental Policy Act. tions exist for reducing the boundary Federal agencies should consider the of a national natural landmark: Loss of existence and location of designated integrity of the natural features or national natural landmarks, and of professional error in the original des- areas found to meet the criteria for na- ignation. If the NPS determines that a tional significance, in assessing the ef- reduction in the national natural land- fects of their activities on the environ- mark boundary is indicated, the des- ment under section 102(2)(c) of the Na- ignation removal process outlined in tional Environmental Policy Act (42 § 62.8 is used. U.S.C. 4321). The NPS is responsible for (d) Change in description of values. If providing requested information about the NPS determines that a change in the National Natural Landmarks Pro- the description of the national natural gram for these assessments. landmark’s nationally significant values is warranted, the NPS prepares the § 62.7 Natural landmark modifications. recommended changes and the Director (a) Determination of need for modifica- submits the changes and all supportive tions. After designation, the modifica- documentation to the National Park tion of the boundaries of a natural System Advisory Board. The Advisory landmark, and/or revision of informa- Board reviews the information sub- tion about it, may be appropriate. For mitted by the Director and makes rec- example, because of new information ommendations to the Secretary. The or changes in the condition of an NNL, Secretary reviews the supportive docu- the boundary may have to be reduced mentation and the recommendations of or expanded or information about the the board, and may approve changes in NNL may have to be revised. Addi- the description of a landmark’s nation- tional study may reveal that the area ally significant values. has nationally significant values that (e) Minor technical corrections. Minor had not been previously documented. technical corrections to a national nat- The NPS determines that landmark ural landmark boundary and other ad- modifications are necessary through ministrative changes in landmark doc- administration of the program. In addi- umentation not covered under para- tion, the NPS may receive suggestions graphs (a) through (d) of this section for landmark modifications from other may be approved by the Director with- Federal agencies, State natural area out a review by the Advisory Board or

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the approval by the Secretary. Minor tion, the NPS determines whether the technical boundary corrections are de- area no longer merits designation as a fined as those that involve a change in national natural landmark. less than five percent of the total area (c) Notifications. When NPS has deter- of the national natural landmark. The mined that area no longer merits des- NPS notifies owners of proposed minor ignation as a national natural land- technical boundary corrections or mark, the NPS notifies the owner(s) other administrative changes in docu- and other interested parties as speci- mentation, as described in this para- fied in § 62.4(d)(1)–(3). Notice of the pro- graph (e). Based upon owner response posed removal is also published in the to this notification, the NPS deter- FEDERAL REGISTER. The notified indi- mines whether the proposed change is a viduals may comment within 60 days of minor technical correction to land- the date of the notice before a rec- mark documentation that can be made ommendation for removal is submitted administratively or whether the proce- to the Secretary. All comments re- dures outlined in § 62.4(d) through (j) ceived will be considered in the review must be followed. and in the decision to remove the national natural landmark designation. § 62.8 Natural landmark designation (d) Removal from the registry. (1) The removal. Director reviews the information about (a) Criteria for removal. (1) Except as a recommended removal from the Reg- provided in paragraph (f) of this sec- istry and determines whether the pro- tion, national natural landmark des- cedural requirements in this section ignation is removed from an area: have been met. If the Director confirms (i) When it can be shown that an the findings, he or she submits a rec- error in professional judgment was ommendation for removal to the Na- made such that the site did not meet tional Park System Advisory Board. the criteria for national significance at The Advisory Board reviews the sub- the time of designation; mitted information and recommends (ii) When the values which originally the removal from or retention of the qualified it for designation have been area in the registry. lost or destroyed; or (2) The recommendations of the Advi- (iii) When applicable designation pro- sory Board and the Director are sub- cedures were not followed because of mitted by the Director to the Sec- prejudicial failure. retary for his or her consideration. If (2) Any affected owner of a des- the Secretary concurs, he or she di- ignated national natural landmark rects the removal of the landmark may initiate the removal by submit- from the National Registry of Natural ting to the Director a request for re- Landmarks. Any area from which des- moval of designation, stating the ignation is withdrawn solely because of grounds for this removal and specifying procedural error as described in para- the error in professional judgment, loss graph (a)(1)(iii) of this section con- of natural values or prejudicial proce- tinues to meet the criteria for national dural error. A prejudicial procedural significance. error is one that reasonably may be (e) Notification of removal from the reg- considered to have affected the out- istry. When the Secretary removes a come of the designation process. landmark from the National Registry (3) Within 60 days of receiving a re- of Natural Landmarks, the Secretary moval request, the NPS notifies the will notify the national natural land- party submitting the request of wheth- mark owner(s), the executive of the er the NPS considers the documenta- local government jurisdiction in which tion sufficient to consider removal of the area is located, Native American the natural landmark designation. tribal governments and native villages (b) Review of removal information. The and corporations in the area, the gov- NPS reviews the information outlining ernor of the State, Congressional mem- the grounds for removal. When nec- bers who represent the Congressional essary, an on-site evaluation of the District and State in which the area is area may be made, as outlined in located, and other interested authori- § 62.4(c). Based on all available informa- ties, organizations, and individuals, as

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outlined in § 62.4(d)(1), (2) and (3). The ment, cooperative agreements, or other NPS is responsible for preparing and types of agreements with other Federal distributing the written notices. The agencies, States, counties, local com- NPS periodically publishes notice(s) of munities, private organizations, own- removal in the FEDERAL REGISTER. The ers, Native American tribal govern- NPS may reclaim the natural land- ments, or other interested individuals mark plaque when a landmark is re- or groups to assist in administering the moved from the National Registry of National Natural Landmarks Program. Natural Landmarks. The agreements may include but are (f) Previously designated landmarks. (1) not limited to provisions about identi- NPS will notify owners of national nat- fication, evaluation, monitoring or pro- ural landmarks designated before the tecting national natural landmarks. effective date of these regulations to (b) Information dissemination. The give them an opportunity within 90 NPS may conduct educational and sci- days of the notice to request the re- entific activities to disseminate infor- moval of a national natural landmark mation on national natural landmarks, designation from their property by the National Natural Landmarks Pro- writing to the Director. If owners do gram, and the benefits derived from not respond within 90 days of the noti- systematic surveys of significant nat- fication, the national natural land- ural features to the general public and mark designations of their properties to interested local, State and Federal will be retained. agencies and private groups. Dissemi- (2) When only some owners of a na- nation of information on ecologically tional natural landmark in multiple or geologically fragile or sensitive ownership request the removal of a na- areas may be restricted when release of tional natural landmark designation the information may endanger or harm from their portions, the NPS deter- the sensitive resources. mines whether, after removal of these (c) Procedural requirements. Any indi- portions, a sufficient acreage of the na- vidual, agency, or organization acting tional natural landmark remains to as a representative of the NPS in the demonstrate the original nationally identification, evaluation, monitoring significant features without undue or protection of national natural land- compromise. If so, the boundaries of marks is required to follow this part. the national natural landmark are ad- (d) Additional program information. justed to remove the properties of own- Further guidance on the operation of ers who object to the designation. If the National Natural Landmarks Pro- not, the entire national natural land- gram, as based on this part, may be mark designation is removed and the found in other program documents that area is removed from the National Reg- are available from the NPS. istry of Natural Landmarks. (e) Administrative recourse. Any person (3) Any removals of existing national has the right to insist that NPS take natural landmark designations and re- into account all the provisions in this lated recommended boundary adjust- part for national natural landmark ments, must be presented by the Direc- designation or removal. tor to the National Park System Advi- sory Board for review before being pre- PART 63—DETERMINATIONS OF ELI- sented to the Secretary who formally removes a national natural landmark GIBILITY FOR INCLUSION IN THE from the national registry or approves NATIONAL REGISTER OF HIS- changes in the national natural land- TORIC PLACES mark boundary. Areas from which the designation has been removed may be Sec. reconsidered for designation under 63.1 Purpose and authorities. these regulations if ownership or other 63.2 Determination of eligibility process. circumstances change. 63.3 Procedures to be applied when the agency and the State Historic Preserva- § 62.9 General provisions. tion Officer agree a property is eligible. 63.4 Other properties on which determina- (a) Agreements. The NPS may enter tions of eligibility may be made by the into contracts, memoranda of agree- Secretary of the Interior.

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63.5 Federal Register publication of properties in the area affected by the pro- erties determined eligible. posed action. 63.6 Review and nomination of properties (b) If the State Historic Preservation determined eligible. Officer has inadequate information to AUTHORITY: Sec. 2(k), Historic Sites Act of document the presence or absence of 1935, 16 U.S.C. 462(K) (1970 ed); sec. 101(a)(1), historic properties in the project area, National Historic Preservation Act of 1966, the Federal agency should refer to the as amended, 16 U.S.C. 470(a)(1) (1970 ed); secs. Department of the Interior’s criteria 3(b) and 4(f), E.O. 11593; sec. 2 of Reorganiza- for the identification of historic prop- tion Plan No. 3 of 1950 (34 Stat. 1262). erties and the guidelines for level of SOURCE: 42 FR 47661, Sept. 21, 1977, unless documentation to accompany requests otherwise noted. Redesignated at 45 FR 28716, for determinations of eligibility for in- Apr. 30, 1980, and further redesignated at 46 clusion in the National Register pub- FR 34329, July 1, 1981. lished as a notice in the FEDERAL REG- § 63.1 Purpose and authorities. ISTER. (c) The agency shall, in consultation (a) These regulations have been de- with the State Historic Preservation veloped to assist Federal agencies in Officer, apply the National Register identifying and evaluating the eligi- Criteria for Evaluation contained in 36 bility of properties for inclusion in the CFR 60.6 to all potentially eligible National Register. The regulations ex- properties that may be affected by the plain how to request determinations of proposed action. If a property appears eligibility under section 2(b) of Execu- to meet the Criteria and the State His- tive Order 11593 and the regulations of toric Preservation Officer agrees, the the Advisory Council on Historic Pres- agency should follow the procedures in ervation (36 CFR part 800) for imple- § 63.3. If there is a question whether the mentation of sections 1(3) and 2(b) of Criteria are met, the agency shall com- Executive Order 11593 and the National plete the procedures in § 63.3(d). A ques- Historic Preservation Act of 1966, as tion on whether a property meets the amended Federal agencies request de- Criteria exists when the agency and terminations of eligibility in consid- the State Historic Preservation Officer ering historic properties on lands under disagree or when the agency deter- their jurisdiction or control or on lands mines that a question exists. The De- to be affected by proposed actions. partment of the Interior will provide general and specific advice concerning § 63.2 Determination of eligibility the identification of historic properties process. and will bring to the attention of a The Department of the Interior will Federal agency any information re- respond within 45 days of receipt of a ceived from the public regarding poten- documented request for a determina- tial historic properties in the area af- tion of eligibility from a Federal agen- fected by its plans or projects. cy when it is submitted in accordance (d) The agency shall submit a letter with the following regulations and is of request for a determination of eligi- accompanied by documentation that bility with a description, statement of clearly portrays the nature and signifi- significance, photographs, and a map, cance of the property. or a statement in accord with § 63.3 (a) The agency shall consult the below, if applicable, directly to the State Historic Preservation Officer as Keeper of the National Register, Na- the first step in identifying historic tional Park Service, Department of the properties for information concerning: Interior, Washington, D.C. 20240. If (1) Properties listed in the National available, the opinion of the State His- Register. toric Preservation Officer on the eligi- (2) Properties in the process of nomi- bility of the property should also be nation to the National Register. forwarded with the request. (3) Properties determined eligible by (e) The Keeper, National Register, the Secretary of the Interior for listing will respond in writing to the agency’s in the National Register. request within 45 days of receipt of a (4) Any other available information documented request submitted in ac- that would assist in identifying prop- cord with § 63.2(d) of these procedures.

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If the opinion of the State Historic days of receipt. If the property has not Preservation Officer is not included been accurately identified and evalu- with the request, the Keeper of the Na- ated, the Keeper will inform the agency tional Register will provide to the and the State Historic Preservation Of- State Historic Preservation Officer a ficer within 10 working days and will copy of the request and will ask for his recommend that the agency follow the opinion on the property. If the Keeper process set forth at § 63.2. Notwith- does not receive the State Historic standing such recommendation, the Preservation Officer’s response within Federal agency or the Keeper of the three weeks of the State Historic Pres- National Register may consider the ervation Officer’s receipt of a letter property eligible for the purpose of ob- from the Keeper requesting an opinion, taining the Advisory Council on His- the Keeper will proceed with the deter- toric Preservation’s comments. Docu- mination and will inform the agency mentation concerning properties deter- that the State Historic Preservation mined eligible for the National Reg- Officer did not give an opinion. If the ister shall be kept on file by the agency Keeper of the National Register deter- and the State Historic Preservation Of- mines that documentation submitted ficer. with the request is not sufficient to make a professional evaluation of the § 63.4 Other properties on which de- significance of the property, he will ad- terminations of eligibility may be vise the agency in writing of the addi- made by the Secretary of the Inte- rior. tional information needed. The Keeper of the National Register will respond (a) The Keeper of the National Reg- to the agency’s request within 45 days ister will make determinations of eligi- of receipt of documentation on the bility on properties nominated by Fed- property requested by the Keeper. eral agencies under section 2(a) of Ex- ecutive Order 11593 prior to returning § 63.3 Procedures to be applied when the nominations for such properties to the Agency and the State Historic the agency for technical or profes- Preservation Officer agree a prop- sional revision or because of procedural erty is eligible. requirements. Such determinations of If during the consultation described eligibility will be made only if suffi- in § 63.2(c), both the agency and the cient information exists to establish State Historic Preservation Officer the significance of the property and its agree that a property meets the Cri- eligibility for the National Register teria, the Federal agency or the State (b) Any property or district removed Historic Preservation Officer shall for- from the National Register for proce- ward to the Keeper of the National dural deficiencies in the nomination Register (a) a letter signed by the and/or listing process shall automati- agency stating that the agency and the cally be considered eligible for inclu- State Historic Preservation Officer sion in the National Register without agree that the property is eligible for further action and will be published as inclusion in the National Register, and such in the FEDERAL REGISTER. (b) a statement signed by the State (c) If necessary to assist in the pro- Historic Preservation Officer that in tection of historic resources, the Keep- his opinion the property is eligible for er, upon consultation with the appro- the National Register. Either the letter priate State Historic Preservation Offi- or the statement must contain sub- cer and concerned Federal agency, if stantive information on the property, any, may determine properties to be el- including a description, specific bound- igible for listing in the National Reg- aries, its significance under National ister under the Criteria established by Register Criteria, and an explanation 36 CFR part 60 and shall publish such of why the property is eligible for list- determinations in the FEDERAL REG- ing in the National Register. The Keep- ISTER. Such determinations may be er of the National Register shall give made without a specific request from written notice of his determination to the Federal agency or, in effect, may both the agency and the State Historic reverse findings on eligibility made by Preservation Officer within 10 working a Federal agency and State Historic

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Preservation Officer. Such determina- igible for the National Register, he will tions will be made after an investiga- inform the State Historic Preservation tion and an onsite inspection of the Officer and the Federal agency and re- property in question. move the property from the list of eligible properties. § 63.5 Federal Register publication of properties determined eligible. PART 64—GRANTS AND ALLOCA- In addition to written notice to the Federal agency and the State Historic TIONS FOR RECREATION AND Preservation Officer, public notice of CONSERVATION USE OF ABAN- properties determined eligible for the DONED RAILROAD RIGHTS-OF- National Register will be published in WAY the FEDERAL REGISTER at regular intervals and in a cumulative annual edi- Sec. tion usually issued in February. Deter- 64.1 Purpose. minations in accord with § 63.3 will be 64.2 Definitions. identified with an asterisk. 64.3 Applicability and authority. 64.4 Scope. § 63.6 Review and nomination of prop- 64.5 Eligible projects. erties determined eligible. 64.6 Application procedures. The Keeper of the National Register 64.7 Project selection and funding proce- will conduct an annual review of the dures. condition of properties determined eli- 64.8 Project selection criteria. gible for the National Register. The 64.9 Project costs (State and local projects). Keeper of the National Register will 64.10 Matching share. obtain from the Advisory Council on 64.11 Project performance. Historic Preservation information on 64.12 Standards for grantee financial man- decisions made concerning eligible agement systems. properties in accord with memorandum 64.13 Performance reports. of agreement under the Council’s 64.14 Project inspections. 64.15 Financial reporting requirements and ‘‘Procedures for the Protection of His- reimbursements. toric and Cultural Properties’’ (36 CFR 64.16 Retention and custodial requirements part 800). If there is no memorandum of for records. agreement or if no provision has been 64.17 Project termination and settlement made in a memorandum of agreement procedures. for nomination of an eligible property 64.18 Retention and use. and if the property retains the characteristics that made it eligible for the AUTHORITY: Sec. 809(B)(2) and (3), 90 Stat. 145, Pub. L. 94–210; Sec. 2 of Reorganization National Register, the Keeper of the Plan No. 3 of 1950 (34 Stat. 1262). National Register will take the following steps: SOURCE: 42 FR 54806, Oct. 11, 1977, unless (a) For a property owned by a Fed- otherwise noted. Redesignated at 45 FR 780, eral agency, or under the jurisdiction Jan. 3, 1980, and further redesignated at 46 or control of the agency to the extent FR 34329, July 1, 1981. that the agency substantially exercises § 64.1 Purpose. the attributes of ownership, the Keeper of the National Register will request The purpose of these guidelines is to the Federal agency to nominate the prescribe policies and procedures for property to the National Register with- administering the funding of projects in six months. involving the conversion of abandoned (b) If the property is not under Fed- railroad rights-of-way to recreation eral jurisdiction or control, the Keeper and conservation uses. Because of the of the National Register will request limited funding available, it is the Bu- that the State Historic Preservation reau of Outdoor Recreation’s intent to Office nominate the property to the select a few projects which effectively National Register within six months. demonstrate the conversion of aban- (c) If the Keeper of the National Reg- doned railroad rights-of-way for recre- ister determines that a property has ation and conservation purposes in a lost the characteristics that made it el- timely manner.

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§ 64.2 Definitions. purposes including the acquisition of the rights-of-way involved and will be (a) Abandoned Railroad Rights-of-Way. An abandoned railroad right-of-way is sponsored by a project applicant who the real property used for or formerly has authority to carry out public recre- used for the operation of railroad ation or conservation programs. Eligi- trains by a common carrier railroad, ble project elements for State and local upon which the railroad company has, governmental entities may include: or will cease operations and sell, or (1) The acquisition of fee or less than otherwise dispose of the company’s in- fee interests including long term leases terest in the real property. of not less than 25 years and easements (b) Project Applicant. Federal, State, which will secure for the project appli- or local governmental agencies. cant the right to develop use the property for public recreation and/or con- § 64.3 Applicability and authority. servation purposes. The policies and procedures con- (2) The development of facilities tained herein are applicable to the which are necessary for making rights- making of grants to State and local of-way usable for public recreation and governments and to the making of allo- conservation purposes. cations to Federal agencies under the (b) Allocations made to Federal agen- provisions of title VIII, section 809(b) cies will be made for the acquisition of (2) and (3) of the Railroad Revitaliza- lands or interests in lands, including tion and Regulatory Reform Act of 1976 incidental acquisition expenses, lo- (Pub. L. 94–210) (90 Stat. 145). The Sec- cated in existing areas where such ac- retary of the Interior in consultation quisition is authorized by law and the with the Secretary of Transportation is land is usable for public recreation and responsible for providing financial as- conservation purposes. sistance in accordance with section (c) Abandoned railroad rights-of-way 809(b) (2) and (3). The Secretary of the projects proposed by State and local Interior’s responsibility has been dele- governmental entities and Federal gated to the Bureau of Outdoor Recre- agencies shall be in accordance with ation. the State comprehensive outdoor recre- § 64.4 Scope. ation plan for the State in which the project is located. (a) Funding assistance authorized by section 809(b)(2) shall be provided to § 64.6 Application procedures. State and local government entities to enable them to acquire and develop State and local units of government abandoned railroad rights-of-way for applying for grants under this program recreation and conservation purposes will comply with the regulations, poli- and to plan for such acquisition and de- cies, guidelines, and requirements of velopment. As provided for by law, OMB Circular No. A–95 (Evaluation, grants shall be made for not more than Review and Coordination of Federal 90 percent of the cost of the particular and Federally Assisted Programs and project for which funds are sought. Projects), Federal Management Circu- (b) Allocations authorized by section lars 74–4 (Cost Principles Applicable to 809(b)(3) shall be made to Federal agen- Grants and Contracts with State and cies to enable them to acquire aban- Local Governments) and OMB Circular doned railroad rights-of-way. Such al- No. A–102 (Uniform Administrative Re- locations shall be made for an amount quirements for Grants-in-Aid to State up to the price paid to the owner of the and local governments). real property proposed for acquisition (a) Preapplications. A preapplication plus expenses incidental to acquisition will be used to initially screen and se- such as title work, surveys, appraisals lect those projects for which a final ap- and relocation. plication may be submitted for assistance. The preapplication will include: § 64.5 Eligible projects. (1) A Standard Form 424 (may be ob- (a) Abandoned railroad projects will tained from applicable Regional Offices be for recreation and/or conservation of the Bureau of Outdoor Recreation).

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(2) A map showing the location of the ronmental impact of the project and property to be acquired and/or devel- determine the need for an environ- oped and its relation to surrounding mental impact statement. Where nec- land uses including other recreation/ essary the applicant will provide addi- conservation resources. tional information from which the Bu- (3) A program narrative statement. reau can assess the environmental im- (i) Where acquisition is involved the pact. The format for such information number of acres and real property in- will be provided by the Bureau. terest to be acquired. Attach a copy of (3) National Historic Preservation Act of the abandonment notice. 1969 and Executive Order 11593. The ap- (ii) The type of recreational/con- plicant shall provide the State’s His- servation use planned for the project toric Preservation Officer with a copy site including the type of development of the project proposal and allow him to be included in the project (if a site 30 days in which to comment on the ef- plan is available it should be sub- fect of the proposed project. Such committed). ments will indicate whether the project (iii) A statement indicating sepa- will have any effect on a site in, or eli- rately the estimated acquisition and gible for nomination to the National development costs. Register of Historic Places. The com- (iv) A time schedule for completing ments of the SHPO will be included the acquisition and development. with the application. (v) A brief discussion of how the (4) Flood Disaster Protection Act of 1973 project embodies the selection criteria (Pub. L. 93–234). Applicants will be re- outlined in § 64.8. quired to purchase flood insurance for (4) Indicate any known problems that acquisition or development of insur- will occur in obtaining clear title to able improvements located in a flood the right-of-way. plain area identified by the Secretary (5) Because of the limited funds of Housing and Urban Development as available applicants are encouraged to an area which has special flood haz- provide an alternative plan indicating ards. a viable segment of the overall project (5) Corps of Engineers Permits Require- which could possibly be funded at a ments. For development projects requir- lower amount in lieu of the complete ing a Corps of Engineers permit under project. section 10 of the Rivers and Harbors (b) Applications. For those State and Act of 1899 and/or section 404 of the local projects selected the applicant Federal Water Pollution Control Act of shall submit the standard application 1972, applicants will include evidence in provided for in Attachment M of OMB the application that action has been Circular A–102. An application package initiated to obtain such permit. developed for this program will be (6) Section 7 of the Endangered Species available from the Bureau of Outdoor Act of 1973. The applicant, through the Recreation Regional Offices. The fol- submission of environmental informa- lowing application requirements will tion, and in consultation with the Bu- apply (information submitted with the reau of Outdoor Recreation Regional preapplication will not be required Office will indicate any known project again): conflict with section 7 of the Endan- (1) A–95 Clearinghouse Review. The ap- gered Species Act of 1973. plicant will obtain and include in the (7) Plans and Maps. Each application application, State and areawide clear- will include copies of State, county, or inghouse comments in accordance with city maps showing the geographic loca- OMB Circular A–95. tion of the project and its relation to (2) National Environmental Policy Act surrounding land uses including other of 1969 (Pub. L. 91–190). The Bureau of recreation/conservation resources. Outdoor Recreation will review the en- Where development is included in the vironmental information developed by project, a site plan of the proposed im- the Interstate Commerce Commission provements will be provided along with relative to the abandonment to deter- a breakdown of the estimated develop- mine if additional information is re- ment costs. For the acquisition, the ap- quired to adequately assess the envi- plication will include a schedule listing

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the parcels to be acquired, estimated approved projects. The first project linear mileage and acreage of each, the submission quarter will begin with the estimated value of each parcel and the first of the fiscal year. Funds not uti- estimated date of acquisition. lized in one quarter will be available (8) In addition to the narrative re- for the next. Once all funds have been quired by part IV of the standard appli- obligated, projects will not be accepted cation, the following information will until additional appropriations become be provided: available. (i) The type of recreation/conservation activity intended for the project § 64.7 Project selection and funding site. procedures. (ii) The time schedule for completing (a) The Bureau of Outdoor Recreation the project and plans for operation and Regional Office will review all maintenance; and preapplications and Federal proposals (iii) A brief discussion of how the to insure application completeness and project embodies the selection criteria eligibility. A copy of eligible outlined in § 64.8. preapplications or Federal proposals (c) Content of the Proposal by Federal and supporting information and data Agencies. Each proposal should include will be submitted to the Washington the following minimum information Office of BOR for final review and se- (preapplication not required): lection. An information copy of each (1) Identification and description of project preapplication and proposal the property proposed for acquisition. will be submitted to the State Liaison (2) A statement indicating the rec- Officer designated to coordinate Land reational and/or conservation use and Water Conservation Fund activi- planned for the acquired rights-of-way ties. and the relationship of such use to land (b) The Washington Office of the Bu- now administered by the Federal agen- reau of Outdoor Recreation will evalu- cy proposing acquisition. ate all projects submitted by the Re- (3) A map showing the location of the gional Offices. Final selection of property in relation to land now ad- projects to be funded shall be by the ministered by the Federal agency pro- Director of the Bureau of Outdoor posing acquisition. Recreation. (4) The real property interest pro- (c) State and local projects selected posed for acquisition. for funding will be approved and funds (5) An environmental assessment of obligated by the appropriate Regional the acquisition and subsequent devel- Director. Funds will not be obligated opment, if proposed. until the Bureau has met with the ap- (6) A citation of the statutory or plicant to discuss the terms, condi- other authority under which the land tions, and procedures required by the would be acquired and a discussion of grant. how the proposed acquisition is in ac- (d) Federal agency sponsored projects cord with the authority for acquisition. will be funded by transfer of funds from (7) The funds being requested for the the Bureau of Outdoor Recreation to project including a summary of the es- the sponsoring agency up to the timated cost of the land and costs inci- amount of the project cost as shown in dental to acquisition. the agency’s approved application. (8) A discussion of how acquisition of [42 FR 54806, Oct. 11, 1977. Redesignated at 45 the rights-of-way and subsequent de- FR 780, Jan. 3, 1980, and 46 FR 34329, July 1, velopment embodies the selection cri- 1981, as amended at 60 FR 55791, Nov. 3, 1995] teria outlined in § 64.8. (d) Preapplication. (1) Projects spon- § 64.8 Project selection criteria. sored by State, local, or Federal appli- Those projects which best meet the cants shall be submitted to the appro- following criteria will be selected to re- priate Bureau of Outdoor Recreation ceive assistance: Regional Office. (a) Projects which have cleared aban- (2) Projects will be considered for donment procedures and for which suf- funding on a quarterly basis until ficient control and tenure of land can available funds have been obligated to be assured, in order that the project

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can be accomplished shortly after tion. Waivers will be granted to pro- project approval. ceed with the acquisition prior to (b) Projects which are located or project approval if the applicant can originate in Standard Metropolitan show there is a need for immediate ac- Statistical Areas. tion. Development costs are first in- (c) The degree to which the project curred at the start of actual physical results in a facility which dem- work on the project site. Acquisition onstrates maximum beneficial public costs are incurred on the date when the use of the property acquired. (For ex- applicant makes full payment or ac- ample, the diversity of recreation/concepts the deed or other appropriate servation opportunities provided.) conveyance. Project-related planning (d) The ease of accessibility to large costs outlined in § 64.9(a)(3), may be in- numbers of potential users. curred prior to project approval. The (e) The effectiveness of the project in date from which they were incurred enhancing existing Federal, State, or must be indicated in the project appli- local recreation/conservation re- cation. sources. (For example, the ability of (a) The types of project costs that are the project to tie together existing eligible for funding under this program recreation/conservation resources.) are: (f) Whether use of the right-of-way (1) Acquisition costs will be assisted for recreation/conservation purposes on the basis of the price paid or the ap- has been identified in existing State, praised fair market value, whichever is Federal, or local plans. less. Costs incurred pursuant to the (g) The degree to which the project Uniform Relocation Assistance and advances new ideas in recreation/con- Real Property Acquisition Policies Act servation use and promotes non- of 1970, appraisal costs and other rea- motorized forms of transportation such sonable incidental costs associated as commuting by bicycle. with the acquisition. (h) The recreation/conservation po- (2) Construction costs associated tential of the environment traversed with developing the right-of-way for by the right-of-way. recreation use. (i) The energy conservation potential (3) Project-related planning required of using the right-of-way for recreation for the acquisition, development and and/or commuting. use of the abandoned rights-of-way in- (j) The urgency of the acquisition as cluding master planning, the prepara- reflected by the plans of the owner of tion of development plans and speci- record to sell the property to persons fications and surveys. other than the project sponsor. (4) Legal costs, audit costs, inspec- (k) The degree to which Federal, tion fees, and project administration State or local land use controls will costs. protect the recreation and conserva- (b) Cost overruns will not be eligible tion values of the right-of-way from en- for reimbursement. This means that no croachment by conflicting uses of sur- additional funding will be extended rounding land. once a project is approved. Any cost (l) State and local projects involving overrun incurred on a project must be the development of abandoned railroad funded by the grantee. rights-of-way which do not include the (c) Principles and standards for de- acquisition of the rights-of-way will be termining costs applicable to State and given lower funding priority than local grants are found in Federal Man- projects involving both acquisition and agement Circular 74–4 and part 670 of development. the Bureau of Outdoor Recreation Man- ual. § 64.9 Project costs (State and local projects). § 64.10 Matching share. To be eligible, acquisition and devel- The State or local applicant’s match- opment costs must be incurred after ing share may consist of cash, or in- the date of project approval and during kind contributions consistent with the project period. The project period guidelines set forth in Attachment F of will be indicated in the project applica- OMB Circular A–102.

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§ 64.11 Project performance. construction activities, from site prep- The State or local applicant shall be aration to completion of the facility. responsible for insuring the project is (1) Construction by Force Account. carried through to stages of completion Labor costs charged to a project for acceptable to the Bureau of Outdoor force account work will be based on Recreation with reasonable prompt- payrolls documented and approved in ness. Financial assistance may be ter- accordance with generally accepted ac- minated upon determination by the counting practices of the State or local Bureau of Outdoor Recreation that sat- agency. Payrolls must be supported by isfactory progress has not been main- time and attendance or equivalent tained. records for individual employees. Sala- (a) Acquisition Procedures. All acquisi- ries and wages of employee chargeable tion must conform to the Uniform Re- to more than one cost objective will be location Assistance and Real Property supported by appropriate time distribu- Acquisition Policies Act of 1970, Pub. tion records. The method used should L. 91–646, as set forth in the Bureau of produce an equitable distribution of Outdoor recreation Manual, part 645. time and effort. Costs for equipment Real property must be appraised before owned by the participant may be the initiation of negotiations, and the charged against the project based on an property owner given a statement of equipment use rate developed by the just compensation for his property. In participant in accordance with guide- no event can the amount established as lines provided by the Bureau of Out- just compensation be less than the fair door Recreation. Other costs such as market value established by the ap- material costs will be charged to a proved appraisal. project as outlined in OMB Circular A– (1) Appraisals. The State or local ap- 102 and the Bureau of Outdoor Recre- plicant should secure at least one ap- ation Manual, part 670. praisal of the appropriate type by a (2) Construction by Contract—(i) Bids qualified professional appraiser for and Awards. Competitive open bidding each parcel to be acquired. Standards shall be required for contracts in ex- for appraisals shall be consistent with cess of $10,000 in accordance with At- the current Uniform Appraisal Stand- tachment O of OMB Circular A–102. ards for Federal Land Acquisition, pub- (ii) Equal Employment Opportunity. All lished by the Land Acquisition Con- construction contracts awarded by reference and as set forth in Bureau of cipients and their contractors, or sub- Outdoor Recreation Manual, paragraph grantees having a value of more than 675.2.5. $10,000 shall contain a provision requir- (2) Appraisal Review. The appraisal ing compliance with Executive Order will be reviewed and approved by a No. 11246, entitled ‘‘Equal Employment qualified staff or fee appraiser prior to Opportunity’’ as supplemented in De- the initiation of negotiations. The Bu- partment of Labor Regulations (41 CFR reau reserves the right to review all ap- part 60). Equal employment contract praisal documentation prior to or after compliance requirements for ‘‘Home- the acquisition. town’’ or ‘‘Imposed ’’ Plan areas will be (3) Record Retention. All documenta- followed. tion supporting the acquisition of land (iii) The State or local applicant will and improvements, or interests there- comply with all other procurement in, must be kept available for examina- standards set forth in Attachment O of tion by duly authorized representatives OMB Circular A–102. of the Bureau, the Department of the (3) Construction Planning Services. The Interior and the General Accounting applicant is responsible for: Office. All such records shall be re- (i) Providing all engineering services tained and be available for inspection necessary for all design and construc- for a period of three years after final tion of Fund-assisted projects. payment by the Federal Government. (ii) Providing an internal technical (b) Development Procedures. Develop- review of all construction plans and ment work may be accomplished by specifications. contract or by force account. Allowable (iii) Insuring that construction plans construction costs cover all necessary and specifications meet applicable

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health and safety standards of the § 64.15 Financial reporting require- State. ments and reimbursements. (iv) The Bureau reserves the right to Payments to applicants will either be require the submission of plans and by reimbursement by Treasury check specifications for any development or advance by Treasury check. project prior to project approval. (a) Reimbursement by Treasury Check. (v) All construction plans, specifica- The Outlay Report and Request for Re- tions, contracts, and change orders imbursement (OMB Circular A–102, At- shall be retained by the participant for tachment H) is the standard form to be a period of three years after final pay- used for requesting reimbursement for ment on a project is made by the Bu- acquisition and development. Requests reau, or for a longer period of time if so for reimbursement shall be submitted requested by the Bureau. by ‘‘the grantee’’ not more frequently (4) All facilities developed will be de- than monthly. The requests for reim- signed to comply with the ‘‘American bursement shall be submitted by the Standard Specifications for Making grantee in an original and three copies Buildings and Facilities Accessible to, to the appropriate Regional Office. The and usable by the Physically Handi- Regions will forward to the Division of capped’’ Number A117.1–1961, as modi- Budget and Finance in Washington, fied (41 CFR 101–17.703). The applicant DC, the original and two copies. will be responsible for conducting in- (b) Advance by Treasury Check. The spections to insure compliance with Request for Advance or Reimburse- these specifications by the contractor. ment (OMB Circular A–102, Attachment H) is the standard form for all requests [42 FR 54806, Oct. 11, 1977; 42 FR 57462, Nov. 3, for advance. An advance by Treasury 1977. Redesignated at 45 FR 780, Jan. 3, 1980, and 46 FR 34329, July 1, 1981] check is a payment made by Treasury check to a grantee upon its request, or § 64.12 Standards for grantee financial through the use of a predetermined management systems. payment schedule. Advances shall be limited to the minimum amounts need- The grantees’ Financial Management ed and shall be timed to be in accord Systems shall meet the minimum with only the actual cash requirements standards set forth in OMB Circular A– of the grantee in carrying out the pur- 102, Attachment G. pose of the approved project. Advances § 64.13 Performance reports. shall be limited to one month’s cash requirements. The request for advance Performance reports shall be sub- shall be submitted by the grantee in an mitted quarterly for all active original and three copies to the appro- projects. The performance reports shall priate Regional Office. The Region will briefly present the following: forward to the Division of Budget and (a) The status of the work required Finance in Washington, D.C., the origi- under the project scope. nal and two copies. (b) Other pertinent information in- Grantees must submit an ‘‘Outlay cluding, when appropriate, time sched- Report and Request for Reimbursement ule delays and other similar problems for Construction Programs’’ monthly encountered and their expected impact showing expenditures made the pre- on the project, etc. vious month from the funds advanced. Upon Bureau acceptance of the ex- § 64.14 Project inspections. penditures involved, these reports shall All State and local projects will re- be used as the basis for liquidating ob- ceive a final inspection by the Bureau. ligations, reducing the advance ac- Final inspections will be conducted count, and making charges to the ap- prior to final payment of Federal propriate cost account. funds. Progress inspections will be con- (c) Report of Federal Cash Transactions ducted as deemed necessary by the Bu- (OMB Circular A–102, Attachment H). reau. Preapproval inspections will also When funds are advanced with Treas- be conducted prior to project selection ury checks, the grantee shall submit a at the discretion of the appropriate Bu- report to monitor the cash advance. reau Regional Office. Grantees shall submit the original and

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three copies no later than 15 working 65.7 Monitoring National Historic Land- days following the end of each quarter. marks. 65.8 Alteration of National Historic Land- § 64.16 Retention and custodial re- mark boundaries. quirements for records. 65.9 Withdrawal of National Historic Land- mark designation. (a) Financial records, supporting doc- 65.10 Appeals for designation. uments, statistical records, and other records pertinent to a grant program AUTHORITY: 16 U.S.C. 461 et seq.; 16 U.S.C. shall be retained for a period of three 470 et seq. years after final payment. The records SOURCE: 48 FR 4655, Feb. 2, 1983, unless oth- shall be retained beyond the three-year erwise noted. period if audit findings have not been resolved. § 65.1 Purpose and authority. (b) The Secretary of the Interior and The purpose of the National Historic the Comptroller General of the United Landmarks Program is to identify and States, or any of their duly authorized designate National Historic Land- representatives, shall have access to marks, and encourage the long range any books, documents, papers, and preservation of nationally significant records of the State and local govern- properties that illustrate or commemo- ments and their subgrantees which are rate the history and prehistory of the pertinent to a specific project for the United States. These regulations set purpose of making audit, examina- forth the criteria for establishing nations, excerpts, and transcripts. tional significance and the procedures used by the Department of the Interior § 64.17 Project termination and settle- for conducting the National Historic ment procedures. Landmarks Program. Project Termination and Settlement (a) In the Historic Sites Act of 1935 Procedures will be in accord with Bu- (45 Stat. 666, 16 U.S.C. 461 et seq.) the reau of Outdoor Recreation Manual, Congress declared that it is a national chapter 675.8. policy to preserve for public use historic sites, buildings and objects of na- § 64.18 Retention and use. tional significance for the inspiration Property acquired or developed by and benefit of the people of the United State and local governments with sec- States and tion 809(b) assistance will be available (b) To implement the policy, the Act to the general public and retained for authorizes the Secretary of the Inte- recreation/conservation use. The ac- rior to perform the following duties quiring agency will cause to have and functions, among others: placed in the legal title to the property (1) To make a survey of historic and a restriction which precludes its con- archeological sites, buildings and ob- version to other than public recreation/ jects for the purpose of determining conservation use without the consent which possess exceptional value as of the Secretary of the Interior. The commemorating or illustrating the his- Secretary shall not permit conversion tory of the United States; to any use that would preclude future (2) To make necessary investigations reactivation of rail transportation on and researches in the United States re- such right-of-way. lating to particular sites, buildings or objects to obtain true and accurate his- PART 65—NATIONAL HISTORIC torical and archeological facts and in- LANDMARKS PROGRAM formation concerning the same; and (3) To erect and maintain tablets to Sec. mark or commemorate historic or pre- 65.1 Purpose and authority. historic places and events of national 65.2 Effects of designation. historical or archeological signifi- 65.3 Definitions. cance. 65.4 National Historic Landmark criteria. 65.5 Designation of National Historic Land- (c) The National Park Service (NPS) marks. administers the National Historic 65.6 Recognition of National Historic Land- Landmarks Program on behalf of the marks. Secretary.

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§ 65.2 Effects of designation. tion 2124 of the Tax Reform Act of 1976, (a) The purpose of the National His- the Economic Recovery Tax Act of 1981 toric Landmarks Program is to focus and the Tax Treatment Extension Act attention on properties of exceptional of 1980. value to the nation as a whole rather (5) If a property contains surface coal than to a particular State or locality. resources and is listed in the National The program recognizes and promotes Register, certain provisions of the Sur- the preservation efforts of Federal, face Mining and Control Act of 1977 re- State and local agencies, as well as of quire consideration of a property’s his- private organizations and individuals toric values in determining issuance of and encourages the owners of landmark a surface coal mining permit. properties to observe preservation pre- (6) Section 8 of the National Park cepts. System General Authorities Act of (b) Properties designated as National 1970, as amended (90 Stat. 1940, 16 Historic Landmarks are listed in the U.S.C. 1–5), directs the Secretary to National Register of Historic Places prepare an annual report to Congress upon designation as National Historic which identifies all National Historic Landmarks. Listing of private property Landmarks that exhibit known or an- on the National Register does not pro- ticipated damage or threats to the in- hibit under Federal law or regulations tegrity of their resources. In addition, any actions which may otherwise be National Historic Landmarks may be taken by the property owner with re- studied by NPS for possible rec- spect to the property. ommendation to Congress for inclusion (c) Specific effects of designation are: in the National Park System. (1) The National Register was de- (7) Section 9 of the Mining in the Na- signed to be and is administered as a tional Parks Act of 1976 (90 Stat. 1342, planning tool. Federal agencies under- 16 U.S.C. 1980) directs the Secretary of taking a project having an effect on a the Interior to submit to the Advisory listed or eligible property must provide Council a report on any surface mining the Advisory Council on Historic Pres- activity which the Secretary has deter- ervation a reasonable opportunity to mined may destroy a National Historic comment pursuant to section 106 of the Landmark in whole or in part, and to National Historic Preservation Act of request the advisory Council’s advice 1966, as amended. The Advisory Council on alternative measures to mitigate or has adopted procedures concerning, abate such activity. inter alia, their commenting responsibility in 36 CFR part 800. § 65.3 Definitions. (2) Section 110(f) of the National His- toric Preservation Act of 1966, as As used in this rule: amended, requires that before approval (a) Advisory Council means the Advi- of any Federal undertaking which may sory Council on Historic Preservation, directly and adversely affect any Na- established by the National Historic tional Historic Landmark, the head of Preservation Act of 1966, as amended the responsible Federal agency shall, (16 U.S.C. 470 et seq.). Address: Execu- to the maximum extent possible, un- tive Director, Advisory Council on His- dertake such planning and actions as toric Preservation, 1522 K Street NW, may be necessary to minimize harm to Washington, DC 20005. such landmark, and shall afford the (b) Chief elected local official means Advisory Council a reasonable oppor- the mayor, county judge or otherwise tunity to comment on the undertaking. titled chief elected administrative offi- (3) Listing in the National Register cial who is the elected head of the local makes property owners eligible to be political jurisdiction in which the considered for Federal grants-in-aid property is located. and loan guarantees (when imple- (c) Advisory Board means the Na- mented) for historic preservation. tional Park System Advisory Board (4) If a property is listed in the Na- which is a body of authorities in sev- tional Register, certain special Federal eral fields of knowledge appointed by income tax provisions may apply to the the Secretary under authority of the owners of the property pursuant to sec- Historic Sites Act of 1935, as amended.

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(d) District means a geographically es of other participating divisions definable area, urban or rural, that found throughout these regulations.) possesses a significant concentration, (k) Object means a material thing of linkage or continuity of sites, build- functional, aesthetic, cultural, histor- ings, structures or objects united by ical or scientific value that may be, by past events or aesthetically by plan or nature or design, movable yet related physical development. A district may to a specific setting or environment. also comprise individual elements sep- (l) Owner or owners means those indi- arated geographically but linked by as- viduals, partnerships, corporations or sociation or history. public agencies holding fee simple title (e) Endangered property means a his- to property. ‘‘Owner’’ or ‘‘owners’’ does toric property which is or is about to not include individuals, partnerships, be subjected to a major impact that corporations or public agencies holding will destroy or seriously damage the easements or less than fee interests resources which make it eligible for (including leaseholds) of any nature. National Historic Landmark designa- (m) Property means a site, building, tion. object, structure or a collection of the (f) Federal Preservation Officer means above which form a district. the official designated by the head of (n) Site means the location of a sig- each Federal agency responsible for co- nificant event, a prehistoric or historic ordinating that agency’s activities occupation or activity, or a building or under the National Historic Preserva- structure, whether standing, ruined or tion Act of 1966, as amended, including vanished, where the location itself nominating properties under that agen- maintains historical or archeological cy’s ownership or control to the Na- value regardless of the value of any ex- tional Register. isting structure. (g) Keeper means the Keeper of the (o) State official means the person National Register of Historic Places. who has been designated in each State (h) Landmark means National His- to administer the State Historic Pres- toric Landmark and is a district, site, ervation Program. building, structure or object, in public (p) Structure means a work made by or private ownership, judged by the human beings and composed of inter- Secretary to possess national signifi- dependent and interrelated parts in a cance in American history, archeology, definite pattern of organization. architecture, engineering and culture, [48 FR 4655, Feb. 2, 1983, as amended at 62 FR and so designated by him. 30235, June 3, 1997] (i) National Register means the Na- tional Register of Historic Places, § 65.4 National Historic Landmark cri- which is a register of districts, sites, teria. buildings, structures and objects sig- The criteria applied to evaluate prop- nificant in American history, architec- erties for possible designation as Na- ture, archeology, engineering and cul- tional Historic Landmarks or possible ture, maintained by the Secretary. determination of eligibility for Na- (Section 2(b) of the Historic Sites Act tional Historic Landmark designation of 1935 (49 Stat. 666, 16 U.S.C. 461) and are listed below. These criteria shall be section 101(a)(1) of the National His- used by NPS in the preparation, review toric Preservation Act of 1966 (80 Stat. and evaluation of National Historic 915; 16 U.S.C. 470), as amended.) (Ad- Landmark studies. They shall be used dress: Chief, Interagency Resource by the Advisory Board in reviewing Na- Management Division, 440 G Street tional Historic Landmark studies and NW, Washington, DC 20243.) preparing recommendations to the Sec- (j) National Historic Landmarks Pro- retary. Properties shall be designated gram means the program which identi- National Historic Landmarks only if fies, designates, recognizes, lists, and they are nationally significant. Al- monitors National Historic Landmarks though assessments of national signifi- conducted by the Secretary through cance should reflect both public per- the National Park Service. (Address: ceptions and professional judgments, Chief, History Division, National Park the evaluations of properties being con- Service, Washington, DC 20240; address- sidered for landmark designation are

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undertaken by professionals, including cance, or outstandingly commemorate historians, architectural historians, ar- or illustrate a way of life or culture; or cheologists and anthropologists famil- (6) That have yielded or may be like- iar with the broad range of the nation’s ly to yield information of major sci- resources and historical themes. The entific importance by revealing new criteria applied by these specialists to cultures, or by shedding light upon pe- potential landmarks do not define sig- riods of occupation over large areas of nificance nor set a rigid standard for the United States. Such sites are those quality. Rather, the criteria establish which have yielded, or which may rea- the qualitative framework in which a sonably be expected to yield, data af- comparative professional analysis of fecting theories, concepts and ideas to national significance can occur. The a major degree. final decision on whether a property (b) Ordinarily, cemeteries, birth- possesses national significance is made places, graves of historical figures, by the Secretary on the basis of docu- properties owned by religious institu- mentation including the comments and tions or used for religious purposes, recommendations of the public who structures that have been moved from participate in the designation process. their original locations, reconstructed (a) Specific Criteria of National Sig- historic buildings and properties that nificance: The quality of national sig- have achieved significance within the nificance is ascribed to districts, sites, past 50 years are not eligible for des- buildings, structures and objects that ignation. Such properties, however, possess exceptional value or quality in will qualify if they fall within the fol- illustrating or interpreting the herit- lowing categories: age of the United States in history, ar- (1) A religious property deriving its chitecture, archeology, engineering primary national significance from ar- and culture and that possess a high de- chitectural or artistic distinction or gree of integrity of location, design, historical importance; or setting, materials, workmanship, feel- (2) A building or structure removed ing and association, and: from its original location but which is (1) That are associated with events nationally significant primarily for its that have made a significant contribu- architectural merit, or for association tion to, and are identified with, or that with persons or events of transcendent outstandingly represent, the broad na- importance in the nation’s history and tional patterns of United States his- the association consequential; or tory and from which an understanding (3) A site of a building or structure and appreciation of those patterns may no longer standing but the person or be gained; or event associated with it is of tran- (2) That are associated importantly scendent importance in the nation’s with the lives of persons nationally sig- history and the association consequen- nificant in the history of the United tial; or States; or (4) A birthplace, grave or burial if it (3) That represent some great idea or is of a historical figure of transcendent ideal of the American people; or national significance and no other ap- (4) That embody the distinguishing propriate site, building or structure di- characteristics of an architectural type rectly associated with the productive specimen exceptionally valuable for a life of that person exists; or study of a period, style or method of (5) A cemetery that derives its pri- construction, or that represent a sig- mary national significance from graves nificant, distinctive and exceptional of persons of transcendent importance, entity whose components may lack in- or from an exceptionally distinctive dividual distinction; or design or from an exceptionally signifi- (5) That are composed of integral cant event; or parts of the environment not suffi- (6) A reconstructed building or en- ciently significant by reason of histor- semble of buildings of extraordinary ical association or artistic merit to national significance when accurately warrant individual recognition but col- executed in a suitable environment and lectively compose an entity of excep- presented in a dignified manner as part tional historical or artistic signifi- of a restoration master plan, and when

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no other buildings or structures with marks criteria will be enumerated in the same association have survived; or determining whether a significant (7) A property primarily commemo- number exists in a theme study.) rative in intent if design, age, tradi- (4) Themes which reflect the broad tion, or symbolic value has invested it planning needs of NPS and other Fed- with its own national historical signifi- eral agencies and for which the funds cance; or to conduct the study are made avail- (8) A property achieving national sig- able from sources other than the regu- nificance within the past 50 years if it larly programmed funds of the Na- is of extraordinary national impor- tional Historic Landmarks Program. tance. (b) Special Studies. NPS will conduct special studies for historic properties § 65.5 Designation of National Historic outside of active theme studies accord- Landmarks. ing to the following priorities: Potential National Historic Land- (1) Studies authorized by Congress or marks are identified primarily by mandated by Executive Order will re- means of theme studies and in some in- ceive the highest priority. stances by special studies. Nomina- (2) Properties which NPS determines tions and recommendations made by are endangered and potentially meet the appropriate State officials, Federal the National Historic Landmarks cri- Preservation Officers and other inter- teria, whether or not the theme in ested parties will be considered in which they are significant has been scheduling and conducting studies. studied. (a) Theme studies. NPS defines and (3) Properties listed in the National systematically conducts organized Register bearing State or Federal agen- theme studies which encompass the cy recommendations of potential na- major aspects of American history. The tional significance where NPS concurs theme studies provide a contextual in the evaluation and the property is framework to evaluate the relative sig- significant in a theme already studied. nificance of historic properties and de- (c)(1) When a property is selected for termine which properties meet Na- study to determine its potential for tional Historic Landmark criteria. designation as a National Historic Theme studies will be announced in ad- Landmark, NPS will notify in writing, vance through direct notice to appro- except as provided below, (i) the priate State officials, Federal Preser- owner(s), (ii) the chief elected local of- vation Officers and other interested ficial, (iii) the appropriate State offi- parties and by notice in the FEDERAL cial, (iv) the Members of Congress who REGISTER. Within the established the- represent the district and State in matic framework, NPS will schedule which the property is located, and, (v) and conduct National Historic Land- if the property is on an Indian reserva- mark theme studies according to the tion, the chief executive officer of the following priorities. Themes which Indian tribe, that it will be studied to meet more of these priorities ordi- determine its potential for designation narily will be studied before those as a National Historic Landmark. This which meet fewer of the priorities: notice will provide information on the (1) Theme studies not yet begun as National Historic Landmarks Program, identified in ‘‘History and Prehistory the designation process and the effects in the National Park System,’’ 1982. of designation. (2) Theme studies in serious need of (2) When the property has more than revision. 50 owners, NPS will notify in writing (3) Theme studies which relate to a (i) the chief elected local official, (ii) significant number of properties listed the appropriate State official, (iii) the in the National Register bearing opin- Members of Congress who represent the ions of State Historic Preservation Of- district and State in which the prop- ficers and Federal Preservation Offi- erty is located, and, (iv) if the property cers that such properties are of poten- is on an Indian reservation, the chief tial national significance. (Only those executive officer of the Indian tribe, recommendations which NPS deter- and (v) provide general notice to the mines are likely to meet the land- property owners. This general notice

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will be published in one or more local the list each separate owner shall be newspapers of general circulation in notified. the area in which the potential Na- (3) In the case of a property with tional Historic Landmark is located more than 50 owners, NPS will notify, and will provide information on the in writing, (i) the appropriate State of- National Historic Landmarks Program, ficial; (ii) the chief elected local offi- the designation process and the effects cial; (iii) the Members of Congress who of designation. The researcher will represent the district and State in visit each property selected for study which the property is located; (iv) if unless it is determined that an onsite the property is located on an Indian investigation is not necessary. In the reservation, the chief executive officer case of districts with more than 50 of the Indian tribe; and, (v) will provide owners NPS may conduct a public in- general notice to the property owners. formation meeting if widespread public The general notice will be published in interest so warrants or on request by one or more local newspapers of gen- the chief elected local official. eral circulation in the area in which (3) Properties for which a study was the property is located. A copy of the conducted before the effective date of study report will be made available on these regulations are not subject to the request. Notice of Advisory Board re- requirements of paragraphs (c) (1) and view will also be published in the FED- (2) of this section. ERAL REGISTER. (4) The results of each study will be (4) Notice of Advisory Board review incorporated into a report which will will be given at least 60 days in ad- contain at least vance of the Advisory Board meeting. The notice will state date, time and lo- (i) A precise description of the prop- cation of the meeting; solicit written erty studied; and comments and recommendations on (ii) An analysis of the significance of the study report; provide information the property and its relationship to the on the National Historic Landmarks National Historic Landmark criteria. Program, the designation process and (d)(1) Properties appearing to qualify the effects of designation and provide for designation as National Historic the owners of private property not Landmarks will be presented to the Ad- more than 60 days in which to concur visory Board for evaluation except as in or object in writing to the designa- specified in paragraph (h) of this section. Notice of Advisory Board meet- tion. ings and the agenda will also be pub- (2) Before the Advisory Board’s re- lished in the FEDERAL REGISTER. Inter- view of a property, NPS will provide ested parties are encouraged to submit written notice of this review, except as written comments and recommenda- provided below, and a copy of the study tions which will be presented to the report to (i) the owner(s) of record; (ii) Advisory Board. Interested parties may the appropriate State official; (iii) the also attend the Advisory Board meet- chief elected local official; (iv) the ing and upon request will be given an Members of Congress who represent the opportunity to address the Board con- district and State in which the prop- cerning a property’s significance, in- erty is located; and, (v) if the property tegrity and proposed boundaries. is located on an Indian reservation, the (5) Upon notification, any owner of chief executive officer of the Indian private property who wishes to object tribe. The list of owners shall be ob- shall submit to the Chief, History Divi- tained from official land or tax record, sion, a notarized statement that the whichever is most appropriate, within party is the sole or partial owner of 90 days prior to the notification of in- record of the property, as appropriate, tent to submit to the Advisory Board. and objects to the designations. Such If in any State the land or tax record is notice shall be submitted during the 60- not the appropriate list an alternative day commenting period. Upon receipt source of owners may be used. NPS is of notarized objections respecting a responsible for notifying only those district or an individual property with owners whose names appear on the list. multiple ownership it is the responsi- Where there is more than one owner on bility of NPS to ascertain whether a

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majority of owners have so objected. If ommendations, certifies that the pro- an owner whose name did not appear cedural requirements set forth in this on the list certifies in a written nota- section have been met and transmits rized statement that the party is the the study reports, the recommenda- sole or partial owner of a nominated tions of the Advisory Board, his rec- private property such owner shall be ommendations and any other rec- counted by NPS in determining wheth- ommendations and comments received er a majority of owners has objected. pertaining to the properties to the Sec- Each owner of private property in a retary. district has one vote regardless of how (f) The Secretary reviews the nomi- many properties or what part of one nations, recommendations and any property that party owns and regard- comments and, based on the criteria less of whether the property contrib- set forth herein, makes a decision on utes to the significance of the district. National Historic Landmark designa- (6) The commenting period following tion. Properties that are designated notification can be waived only when National Historic Landmarks are en- all property owners and the chief elect- tered in the National Register of His- ed local official have agreed in writing toric Places, if not already so listed. to the waiver. (1) If the private owner or, with re- (e)(1) The Advisory Board evaluates spect to districts or individual prop- such factors as a property’s signifi- erties with multiple ownership, the cance, integrity, proposed boundaries majority of such owners have objected and the professional adequacy of the to the designation by notarized state- study. If the Board finds that these ments, the Secretary shall not make a conditions are met, it may recommend National Historic Landmark designa- to the Secretary that a property be tion but shall review the nomination designated or declared eligible for des- and make a determination of its eligi- ignation as a National Historic Land- bility for National Historic Landmark mark. If one or more of the conditions designation. are not met, the Board may rec- (2) The Secretary may thereafter des- ommend that the property not be designate such properties as National His- ignated a landmark or that consider- toric Landmarks only upon receipt of ation of it be deferred for further notarized statements from the private study, as appropriate. In making its owner (or majority of private owners in recommendation, the Board shall state, the event of a district or a single prop- if possible, whether or not it finds that erty with multiple ownership) that the criteria of the landmarks program they do not object to the designation. have been met. A simple majority is re- (3) The Keeper may list in the Na- quired to make a recommendation of tional Register properties considered designation. The Board’s recommenda- for National Historic Landmark des- tions are advisory. ignation which do not meet the Na- (2) Studies submitted to the Advisory tional Historic Landmark criteria but Board (or the Consulting Committee which do meet the National Register previously under the Heritage Con- criteria for evaluation in 36 CFR part servation and Recreation Service) be- 60 or determine such properties eligible fore the effective date of these regula- for the National Register if the private tions need not be resubmitted to the owners or majority of such owners in Advisory Board. In such instances, if a the case of districts object to designa- property appears to qualify for designation. A property determined eligible tion, NPS will provide notice and a for National Historic Landmark des- copy of the study report to the parties ignation is determined eligible for the as specified in paragraphs (d)(2) and (3) National Register. of this section and will provide at least (g) Notice of National Historic Land- 30 days in which to submit written mark designation, National Register comments and to provide an oppor- listing, or a determination of eligi- tunity for owners to concur in or ob- bility will be sent in the same manner ject to the designation. as specified in paragraphs (d)(2) and (3) (3) The Director reviews the study re- of this section. For properties which port and the Advisory Board rec- are determined eligible the Advisory

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Council will also be notified. Notice zation involved with the preservation will be published in the FEDERAL REG- of the district, or the chief officer of an ISTER. organization representing the owners (h)(1) The Secretary may designate a of the district, as appropriate. National Historic Landmark without (b) NPS will invite the owner of each Advisory Board review through accel- designated National Historic Land- erated procedures described in this sec- mark to accept, free of charge, a land- tion when necessary to assist in the mark plaque. In the case of a district, preservation of a nationally significant the chief elected local official or other property endangered by a threat of im- local official, or the chief officer of an minent damage or destruction. organization involved in the preserva- (2) NPS will conduct the study and tion of the district, or chief officer of prepare a study report as described in an organization representing the own- paragraph (c)(4) of this section. ers of the district, as appropriate, may (3) If a property appears to qualify accept the plaque on behalf of the own- for designation, the National Park ers. A plaque will be presented to prop- Service will provide notice and a copy erties where the appropriate recipi- of the study report to the parties speci- ent(s) (from those listed above) agrees fied in paragraphs (d)(2) and (3) and will to display it publicly and appro- allow at least 30 days for the submittal priately. of written comments and to provide (c) The appropriate recipient(s) may owners of private property an oppor- accept the plaque at any time after tunity to concur in or object to des- designation of the National Historic ignation as provided in paragraph (d)(5) Landmark. In so doing owners give up of this section except that the com- none of the rights and privileges of menting period may be less than 60 ownership or use of the landmark prop- days. erty nor does the Department of the In- (4) The Director will review the study terior acquire any interest in property report and any comments, will certify so designated. that procedural requirements have (d) NPS will provide one standard been met, and will transmit the study certificate and plaque for each des- report, his and any other recommenda- ignated National Historic Landmark. tions and comments pertaining to the The certificate and plaque remain the property to the Secretary. property of NPS. Should the National (5) The Secretary will review the Historic Landmark designation at any nomination and recommendations and time be withdrawn, in accordance with any comments and, based on the cri- the procedures specified in § 65.9 of teria set forth herein, make a decision these rules, or should the certificate on National Historic Landmark des- and plaque not be publicly or appro- ignation or a determination of eligi- priately displayed, the certificate and bility for designation if the private the plaque, if issued, will be reclaimed owners or a majority of such owners of by NPS. historic districts object. (e) Upon request, and if feasible, NPS (6) Notice of National Historic Land- will help arrange and participate in a mark designation or a determination of presentation ceremony. eligibility will be sent to the same parties specified in paragraphs (d)(2) and § 65.7 Monitoring National Historic (3) of this section. Landmarks. (a) NPS maintains a continuing rela- § 65.6 Recognition of National Historic tionship with the owners of National Landmarks. Historic Landmarks. Periodic visits, (a) Following designation of a prop- contacts with State Historic Preserva- erty by the Secretary as a National tion Officers, and other appropriate Historic Landmark, the owner(s) will means will be used to determine wheth- receive a certificate of designation. In er landmarks retain their integrity, to the case of a district, the certificate advise owners concerning accepted will be delivered to the chief elected preservation standards and techniques local official or other local official, or and to update administrative records to the chief officer of a private organi- on the properties.

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(b) Reports of monitoring activities ignation. Enlargement of a boundary form the basis for the annual report will be approved only when the area submitted to Congress by the Sec- proposed for addition to the National retary of the Interior, as mandated by Historic Landmark possesses or con- section 8, National Park System Gen- tributes directly to the characteristics eral Authorities Act of 1970, as amend- for which the landmark was des- ed (90 Stat. 1940, 16 U.S.C. 1a–5). The ignated. Secretary’s annual report will identify (b) Two justifications exist for reducing those National Historic Landmarks the boundary of a National Historic which exhibit known or anticipated Landmark: Loss of integrity or profes- damage or threats to their integrity. In sional error in the original designation. evaluating National Historic Land- Reduction of a boundary will be ap- marks for listing in the report, the se- proved only when the area to be de- riousness and imminence of the dam- leted from the National Historic Land- age or threat are considered, as well as mark does not possess or has lost the the integrity of the landmark at the characteristics for which the landmark time of designation taking into ac- was designated. count the criteria in § 65.4. (c) A proposal for enlargement or re- (c) As mandated in section 9, Mining duction of a National Historic Land- in the National Parks Act of 1976 (90 mark boundary may be submitted to or Stat. 1342, 16 U.S.C. 1980), whenever the can originate with the History Divi- Secretary of the Interior finds that a sion, NPS. NPS may restudy the Na- National Historic Landmark may be ir- tional Historic Landmark and subse- reparably lost or destroyed in whole or quently make a proposal, if appro- in part by any surface mining activity, priate, in the same manner as specified including exploration for, removal or in § 65.5 (c) through (h). In the case of production of minerals or materials, boundary enlargements only those the Secretary shall (1) notify the per- owners in the newly nominated but as son conducting such activity of that yet undesignated area will be notified finding; and will be counted in determining (2) Submit a report thereon, includ- whether a majority of private owners ing the basis for his finding that such object to listing. activity may cause irreparable loss or (d)(1) When a boundary is proposed destruction of a National Historic for a National Historic Landmark for Landmark, to the Advisory Council; which no specific boundary was identi- and fied at the time of designation, NPS (3) Request from the Council advice shall provide notice, in writing, of the as to alternative measures that may be proposed boundary to (i) the owner(s); taken by the United States to mitigate (ii) the appropriate State official; (iii) or abate such activity. the chief elected local official; (iv) the (d) Monitoring activities described in Members of Congress who represent the this section, including the preparation district and State in which the land- of the mandated reports to Congress mark is located, and (v) if the property and the Advisory Council are carried is located on an Indian reservation, the out by NPS regional offices under the chief executive officer of the Indian direction of the Preservation Assist- tribe, and shall allow not less than 30 ance Division, NPS [Address: Chief, Re- nor more than 60 days for submitting source Assistance Division, National written comments on the proposal. In Park Service, 440 G Street NW, Wash- the case of a landmark with more than ington, DC 20243] in consultation with 50 owners, the general notice specified the History Division, NPS. in § 65.5(d)(3) will be used. In the case of National Historic Landmark districts § 65.8 Alteration of National Historic for which no boundaries have been es- Landmark boundaries. tablished, proposed boundaries shall be (a) Two justifications exist for enlarging published in the FEDERAL REGISTER for the boundary of a National Historic comment and be submitted to the Com- Landmark: Documentation of pre- mittee on Energy and Natural Re- viously unrecognized significance or sources of the United States Senate professional error in the original des- and to the Committee on Interior and

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Insular Affairs of the United States (c) Properties designated as National House of Representatives and not less Historic Landmarks before December than 30 nor more than 60 days shall be 13, 1980, can be dedesignated only on provided for the submittal of written the grounds established in paragraph comments on the proposed boundaries. (a)(1) of this section. (2) The proposed boundary and any (d) The owner may appeal to have a comments received thereon shall be property dedesignated by submitting a submitted to the Associated Director request for dedesignation and stating for National Register Programs, NPS, the grounds for the appeal as estab- who may approve the boundary with- lished in subsection (a) to the Chief, out reference to the Advisory Board or History Division, National Park Serv- the Secretary. ice, Department of the Interior, Wash- (3) NPS will provide written notice of ington, DC 20240. An appellant will re- the approved boundary to the same ceive a response within 60 days as to parties specified in paragraph (d)(1) of whether NPS considers the documenta- this section and by publication in the tion sufficient to initiate a restudy of FEDERAL REGISTER. the landmark. (4) Management of the activities de- (e) The Secretary may initiate a re- scribed in paragraphs (d)(1), (2), and (3) study of a National Historic Landmark of this section is handled by the Na- and subsequently a proposal for with- tional Register of Historic Places, drawal of the landmark designation as NPS, [Address: National Register of appropriate in the same manner as a Historic Places, National Park Service, new designation as specified in § 65.5 (c) Department of the Interior, Wash- through (h). Proposals will not be sub- ington, DC 20240]. mitted to the Advisory Board if the (e) A technical correction to a bound- grounds for removal are procedural, al- ary may be approved by the Chief, His- though the Board will be informed of tory Division, without Advisory Board such proposals. review or Secretarial approval. NPS (f)(1) The property will remain listed will provide notice, in writing, of any technical correction in a boundary to in the National Register if the Keeper the same parties specified in (d)(1). determines that it meets the National Register criteria for evaluation in 36 § 65.9 Withdrawal of National Historic CFR 60.4, except if the property is re- Landmark designation. designated on procedural grounds. (a) National Historic Landmarks will (2) Any property from which designa- be considered for withdrawal of des- tion is withdrawn because of a proce- ignation only at the request of the dural error in the designation process owner or upon the initiative of the Sec- shall automatically be considered eligi- retary. ble for inclusion in the National Reg- (b) Four justifications exist for the ister as a National Historic Landmark withdrawal of National Historic Land- without further action and will be pub- mark designation: lished as such in the FEDERAL REG- (1) The property has ceased to meet ISTER. the criteria for designation because the (g)(1) The National Park Service will qualities which caused it to be origi- provide written notice of the with- nally designated have been lost or de- drawal of a National Historic Land- stroyed, or such qualities were lost mark designation and the status of the subsequent to nomination, but before National Register listing, and a copy of designation; the report on which those actions are (2) Additional information shows con- based to (i) the owner(s); (ii) the appro- clusively that the property does not priate State official; (iii) the chief possess sufficient significance to meet elected local official; (iv) the Members the National Historic Landmark cri- of Congress who represent the district teria; and State in which the landmark is lo- (3) Professional error in the designa- cated; and (v) if the landmark is lo- tion; and cated on an Indian reservation, the (4) Prejudicial procedural error in the chief executive officer of the Indian designation process. tribe. In the case of a landmark with

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more than 50 owners, the general no- submission to the National Park Sys- tice specified in § 65.5(d)(3) will be used. tem Advisory Board will be considered (2) Notice of withdrawal of designa- by the Director, the Advisory Board tion and related National Register list- and the Secretary, as appropriate, in ing and determinations of eligibility the designation process. will be published periodically in the (d) No person shall be considered to FEDERAL REGISTER. have exhausted administrative rem- (h) Upon withdrawal of a National edies with respect to failure to des- Historic Landmark designation, NPS ignate a property a National Historic will reclaim the certificate and plaque, Landmark until he or she has complied if any, issued for that landmark. with the procedures set forth in this (i) An owner shall not be considered section. as having exhausted administrative remedies with respect to dedesignation PART 67—HISTORIC PRESERVATION of a National Historic Landmark until CERTIFICATIONS UNDER THE IN- after submitting an appeal and receiving a response from NPS in accord with TERNAL REVENUE CODE these procedures. Sec. § 65.10 Appeals for designation. 67.1 Program authority and function. 67.2 Definitions. (a) Any applicant seeking to have a 67.3 Introduction to certifications of signifi- property designated a National His- cance and rehabilitation and information toric Landmark may appeal, stating collection. the grounds for appeal, directly to the 67.4 Certifications of historic significance. Director, National Park Service, De- 67.5 Standards for evaluating significance partment of the Interior, Washington, within registered historic districts. DC 20240, under the following cir- 67.6 Certifications of rehabilitation. cumstances: 67.7 Standards for rehabilitation. Where the applicant— 67.8 Certifications of statutes. 67.9 Certifications of State or local historic (1) Disagrees with the initial decision districts. of NPS that the property is not likely 67.10 Appeals. to meet the criteria of the National 67.11 Fees for processing certification re- Historic Landmarks Program and will quests. not be submitted to the Advisory AUTHORITY: 16 U.S.C. 470a(a)(1)(A); 26 Board; or U.S.C. 47 and 170(h). (2) Disagrees with the decision of the Secretary that the property does not EDITORIAL NOTE: Nomenclature changes to meet the criteria of the National His- part 67 appear at 76 FR 30541, May 26, 2011. toric Landmarks Program. SOURCE: 54 FR 6771, Feb. 26, 1990, unless (b) The Director will respond to the otherwise noted. appellant within 60 days. After reviewing the appeal the Director may: § 67.1 Program authority and function. (1) Deny the appeal; (a) Section 47 of the Internal Revenue (2) Direct that a National Historic Code designates the Secretary as the Landmark nomination be prepared and authority for the issuance of certifi- processed according to the regulations cations of historic district statutes and if this has not yet occurred; or of State and local historic districts, (3) Resubmit the nomination to the certifications of significance, and cer- Secretary for reconsideration and final tifications of rehabilitation in connec- decision. tion with certain tax incentives involv- (c) Any person or organization which ing historic preservation. These certifi- supports or opposes the consideration cation responsibilities have been dele- of a property for National Historic gated to the National Park Service Landmark designation may submit an (NPS); the following office issues those appeal to the Director, NPS, during the certifications: National Park Service, designation process either supporting Washington Area Service Office, Tech- or opposing the designation. Such ap- nical Preservation Services, Heritage peals received by the Director before Preservation Services (WASO), 1849 C the study of the property or before its Street, NW., Washington, DC 20240.

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(b) NPS WASO establishes program Service or the Secretary of the Treas- direction and considers appeals of cer- ury with respect to tax consequences tification denials. It is the responsi- under the Internal Revenue Code. For bility of owners wishing certifications example, certifications made by the to provide sufficient documentation to Secretary do not constitute determina- the Secretary to make certification de- tions that a structure is of the type cisions. These procedures, upon their subject to the allowance for deprecia- effective date, are applicable to future tion under section 167 of the Code. and pending certification requests, except as otherwise provided herein. [54 FR 6771, Feb. 26, 1990, as amended at 76 FR 30541, May 26, 2011] (c) States receiving Historic Preser- vation Fund grants from the Depart- § 67.2 Definitions. ment participate in the review of requests for certification, through rec- As used in these regulations: ommendations to the Secretary by the Certified Historic Structure means a State Historic Preservation Officer building (and its structural compo- (SHPO). The SHPO acts on behalf of nents) which is of a character subject the State in this capacity and, there- to the allowance for depreciation pro- fore, the NPS is not responsible for any vided in section 167 of the Internal Rev- actions, errors or omissions of the enue Code of 1986 which is either: SHPO. (a) Individually listed in the National (1) Requests for certifications and ap- Register; or provals of proposed rehabilitation work (b) Located in a registered historic are sent by an owner first to the appro- district and certified by the Secretary priate SHPO for review. State com- as being of historic significance to the ments are recorded on National Park district. Service Review Sheets (NPS Forms 10– Portions of larger buildings, such as 168 (d) and (e)) and are carefully consid- single condominium apartment units, ered by the Secretary before a certifi- are no independently considered cer- cation decision is made. Recommenda- tified historic structures. Rowhouses, tions of States with approved State even with abutting or party walls, are programs are generally followed, but considered as separate buildings. For by law, all certification decisions are purposes of the certification decisions made by the Secretary, based upon pro- set forth in this part, a certified his- fessional review of the application and toric structure encompasses the his- related information. The decision of toric building and its site, landscape the Secretary may differ from the rec- features, and environment, generally ommendation of the SHPO. referred to herein as a ‘‘property’’ as (2) A State may choose not to par- defined below. The NPS decision on ticipate in the review of certification listing a property in the National Reg- requests. States not wishing to partici- ister of Historic Places, including pate in the comment process should no- boundary determinations, does not tify the Secretary in writing of this limit the scope of review of the reha- fact. Owners from such nonpartici- bilitation project for tax certification pating States may request certifi- purposes. Such review will include the cations by sending their applications entire historic property as it existed directly to the appropriate NPS WASO prior to rehabilitation and any related listed above. In all other situations, new construction. For purposes of the certification requests are sent first to charitable contribution provisions the appropriate SHPO. only, a certified historic structure need (d) The Internal Revenue Service is not be depreciable to qualify; may be a responsible for all procedures, legal de- structure other than a building; and terminations, and rules and regula- may also be a remnant of a building tions concerning the tax consequences such as a facade, if that is all that re- of the historic preservation provisions mains. For purposes of the other reha- described in this part. Any certifi- bilitation tax credits under section 47 cation made by the Secretary pursuant of the Internal Revenue Code, any to this part shall not be considered as property located in a registered his- binding upon the Internal Revenue toric district is considered a certified

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historic structure so that other reha- Property means a building and its site bilitation tax credits are not available; and landscape features. exemption from this provision can gen- Registered Historic District means any erally occur only if the Secretary has district listed in the National Register determined, prior to the rehabilitation or any district which is: of the property, that it is not of his- (a) Designated under a State or local toric significance to the district. statute which has been certified by the Certified Rehabilitation means any re- Secretary as containing criteria which habilitation of a certified historic will substantially achieve the purpose structure which the Secretary has cer- of preserving and rehabilitating build- tified to the Secretary of the Treasury ings of significance to the district, and as being consistent with the historic (b) Certified by the Secretary as character of the certified historic meeting substantially all of the re- structure and, where applicable, with quirements for the listing of districts the district in which such structure is in the National Register. located. Rehabilitation means the process of Duly Authorized Representative means returning a building or buildings to a a State or locality’s Chief Elected Offi- state of utility, through repair or al- cial or his or her representative who is teration, which makes possible an efficient use while preserving those por- authorized to apply for certification of tions and features of the building and State/local statutes and historic dis- its site and environment which are sig- tricts. nificant to its historic, architectural, Historic District means a geographi- and cultural values as determined by cally definable area, urban or rural, the Secretary. that possesses a significant concentra- Standards for Rehabilitation means the tion, linkage or continuity of sites, Secretary’s Standards for Rehabilita- buildings, structures or objects united tion set forth in section 67.7 hereof. historically or aesthetically by plan or State Historic Preservation Officer physical development. A district may means the official within each State also comprise individual elements sep- designated by the Governor or a State arated geographically during the pe- statute to act as liaison for purposes of riod of significance but linked by asso- administering historic preservation ciation or function. programs within that State. Inspection means a visit by an au- State or Local Statute means a law of thorized representative of the Sec- a State or local government desig- retary or a SHPO to a certified historic nating, or providing a method for the structure for the purposes of reviewing designation of, a historic district or and evaluating the significance of the districts. structure and the ongoing or completed rehabilitation work. [54 FR 6771, Feb. 26, 1990, as amended at 62 FR 30235, June 3, 1997] National Register of Historic Places means the National Register of dis- § 67.3 Introduction to certifications of tricts, sites, buildings, structures, and significance and rehabilitation and objects significant in American his- information collection. tory, architecture, archeology, engi- (a) Who may apply: neering, and culture that the Secretary (1) Ordinarily, only the fee simple is authorized to expand and maintain owner of the property in question may pursuant to section 101(a)(1) of the Na- apply for the certifications described in tional Historic Preservation Act of §§ 67.4 and 67.6 hereof. If an application 1966, as amended. The procedures of the for an evaluation of significance or re- National Register appear in 36 CFR habilitation project is made by some- part 60 et seq. one other than the fee simple owner, Owner means a person, partnership, however, the application must be ac- corporation, or public agency holding a companied by a written statement fee-simple interest in a property or any from the fee simple owner indicating other person or entity recognized by that he or she is aware of the applica- the Internal Revenue Code for purposes tion and has no objection to the re- of the applicable tax benefits. quest for certification.

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(2) Upon request of a SHPO the Sec- made, certified historic structure des- retary may determine whether or not a ignation will be denied. particular property located within a (5) Owners of properties not yet des- registered historic district qualifies as ignated certified historic structures a certified historic structure. The Sec- may obtain determinations from the retary shall do so, however, only after Secretary on whether or not rehabilita- notifying the fee simple owner of tion proposals meet the Secretary’s record of the request, informing such Standards for Rehabilitation. Such de- owner of the possible tax consequences terminations will be made only when of such a decision, and permitting the the owner has requested a preliminary property owner a 30-day time period to determination of the significance of submit written comments to the Sec- the property as described in paragraph retary prior to decision. Such time pe- (a)(4) of this section and such request riod for comment may be waived by the for determination has been acted upon fee simple owner. by the NPS. Final certifications of re- (3) The Secretary may undertake the habilitation will be issued only to own- certifications described in §§ 67.4 and ers of certified historic structures. Pro- 67.6 on his own initiative after noti- cedures for obtaining these determina- fying the fee simple owner and the tions shall be the same as those de- SHPO and allowing a comment period scribed in sec. 67.6. as specified in § 67.3(a)(2). (b) How to apply: (4) Owners of properties which appear to meet National Register criteria but (1) Requests for certifications of his- are yet listed in the National Register toric significance and of rehabilitation or which are located within potential shall be made on Historic Preservation historic districts may request prelimi- Certification Applications (NPS Form nary determinations from the Sec- No. 10–168). Normally, two copies of the retary as to whether such properties application are required; one to be re- may qualify as certified historic struc- tained by the SHPO and the other to be tures when and if the properties or the forwarded to the NPS. The information potential historic districts in which collection requirements contained in they are located are listed in the Na- the application and in this part have tional Register. Preliminary deter- been approved by the Office of Manage- minations may also be requested for ment and Budget under 44 U.S.C. 3507 properties outside the period or area of and assigned clearance number 1024– significance of registered historic dis- 0009. Part 1 of the application shall be tricts as specified in § 67.5(c). Proce- used in requesting a certification of dures for obtaining these determina- historic significance or nonsignificance tions shall be the same as those de- and preliminary determinations, while scribed in § 67.4. Such determinations part 2 of the application shall be used are preliminary only and are not bind- in requesting an evaluation of a pro- ing on the Secretary. Preliminary de- posed rehabilitation project or, in con- terminations of significance will be- junction with a Request for Certifi- come final as of the date of the listing cation of Completed Work, a certifi- of the individual property or district in cation of a completed rehabilitation the National Register. For properties project. Information contained in the outside the period or area of signifi- application is required to obtain a ben- cance of a registered historic district, efit. Public reporting burden for this preliminary determinations of signifi- form is estimated to average 2.5 hours cance will become final, except as proper response including the time for re- vided below, when the district docu- viewing instructions, gathering and mentation on file with the NPS is for- maintaining data, and completing and mally amended. If during review of a reviewing the form. Direct comments request for certification of rehabilita- regarding this burden estimate or any tion, it is determined that the property aspect of this form may be made to the does not contribute to the significance Chief, Administrative Services Divi- of the district because of changes sion, National Park Service, P.O. Box which occurred after the preliminary 37127, Washington, DC 20013–7127 and to determination of significance was the Office of Management and Budget,

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Paperwork Reduction Project Number (6) It is the owner’s responsibility to 1024–0009, Washington, DC 20503. notify the Secretary if application re- (2) Application forms are available views are not completed within the from NPS WASO or the SHPOs. time periods specified above. The Sec- (3) Requests for certifications, pre- retary in turn will consult with the ap- liminary determinations, and approv- propriate office to ensure that the re- als of proposed rehabilitation projects view is completed in as timely manner shall be sent to the SHPO in partici- as possible in the circumstances. pating States. Requests in nonpartici- (7) Although certifications of signifi- pating States shall be sent directly to cance and rehabilitation are discussed the appropriate NPS WASO. separately below, owners must submit (4) Generally reviews of certification part 1 of the Historic Preservation Cer- requests are concluded within 60 days tification Application prior to, or with, of receipt of a complete, adequately part 2. Part 2 of the application will documented application, as defined not be processed until an adequately documented part 1 is on file and acted § 67.4 and § 67.6 (30 days at the State upon unless the property is already a level and 30 days at the Federal level). certified historic structure. Reviews of Where a State has chosen not to par- rehabilitation projects will also not be ticipate in the review process, review undertaken if the owner has objected by the NPS generally is concluded to the listing of the property in the Na- within 60 days of receipt of a complete, tional Register. adequately documented application. Where adequate documentation is not § 67.4 Certifications of historic signifi- provided, the owner will be notified of cance. the additional information needed to (a) Requests for certifications of his- undertake or complete review. The toric significance should be made by time periods in this part are based on the owner to determine— the receipt of a complete application; (1) That a property located within a they will be adhered to as closely as registered historic district is of his- possible and are defined as calendar toric significance to such district; or days. They are not, however, consid- (2) That a property located within a ered to be mandatory, and the failure registered historic district is not of to complete review within the des- historic significance to such district; ignated periods does not waive or alter or any certification requirement. (3) That a property not yet on the (5) Approval of applications and National Register appears to meet Na- amendments to applications is con- tional Register criteria; or veyed only in writing by duly author- (4) That a property located within a ized officials of the NPS acting on be- potential historic district appears to half of the Secretary. Decisions with contribute to the significance of such respect to certifications are made on district. the basis of the descriptions contained (b) To determine whether or not a in the application form and other property is individually listed or is available information. In the event of part of a district in the National Reg- any discrepancy between the applica- ister, the owner may consult the list- tion form and other, supplementary ing of National Register properties in material submitted with it (such as ar- the FEDERAL REGISTER (found in most chitectural plans, drawings, specifica- large libraries), or contact the appro- tions, etc.), the applicant shall be re- priate SHPO for current information. quested to resolve the discrepancy in (c) If a property is located within the writing. In the event the discrepancy is boundaries of a registered historic dis- not resolved, the description in the ap- trict and the owner wishes the Sec- plication form shall take precedence. retary to certify whether the property Falsification of factual representations contributes or does not contribute to in the application is subject to crimi- the historic significance of the district nal sanctions of up to $10,000 in fines or or if the owner is requesting a prelimi- imprisonment for up to five years pur- nary determination of significance in suant to 18 U.S.C. 1001. accordance with § 67.3(a)(4), the owner

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must complete part 1 of the Historic the Standards for Evaluating Signifi- Preservation Certification Application cance within Registered Historic Dis- according to instructions accom- tricts (§ 67.5) for the purpose of deter- panying the application. Such docu- mining which of the buildings included mentation includes but is not limited within the listing are of historic sig- to: nificance to the property. The require- (1) Name and mailing address of ments of this paragraph are applicable owner; to certification requests received by (2) Name and address of property; the SHPOs (and the NPS WASO in the (3) Name of historic district; case of nonparticipating States only) (4) Current photographs of property; upon the effective date of these regula- photographs of the building and its site tions. and landscape features prior to alter- (e) Properties containing more than ation if rehabilitation has been com- one building where the buildings are pleted; photograph(s) showing the prop- judged by the Secretary to have been erty along with adjacent properties and functionally related historically to structures on the street; and photo- serve an overall purpose, such as a mill graphs of interior features and spaces complex or a residence and carriage adequate to document significance; house, will be treated as a single cer- (5) Brief description of appearance in- tified historic structure, whether the cluding alterations, distinctive fea- property is individually listed in the tures and spaces, and date(s) of con- National Register or is located within struction; a registered historic district, when re- (6) Brief statement of significance habilitated as part of an overall summarizing how the property does or project. Buildings that are functionally does not reflect the values that give related historically are those which the district its distinctive historical have functioned together to serve an and visual character, and explaining overall purpose during the property’s any significance attached to the prop- period of significance. In the case of a erty itself (i.e., unusual building tech- property within a registered historic niques, important event that took district which contains more than one place there, etc.). building where the buildings are judged (7) Sketch map clearly delineating to be functionally related historically, property’s location within the district; an evaluation will be made to deter- and mine whether the component buildings (8) Signature of fee simple owner re- contribute to the historic significance questing or concurring in a request for of the property and whether the prop- evaluation. erty contributes to the significance of (d) If a property is individually listed the historic district as in § 67.4(i). For in the National Register, it is generally questions concerning demolition of considered a certified historic struc- separate structures as part of an over- ture and no further certification is re- all rehabilitation project, see § 67.6. quired. More specific considerations in (f) Applications for preliminary de- this regard are as follows: terminations for individual listing (1) If the property is individually list- must show how the property individ- ed in the National Register and the ually meets the National Register Cri- owner believes it has lost the charac- teria for Evaluation. An application for teristics which caused it to be nomi- a property located in a potential his- nated and therefore wishes it delisted, toric district must document how the the owner should refer to the delisting district meets the criteria and how the procedures outlined in 36 CFR part 60. property contributes to the signifi- (2) Some properties individually list- cance of that district. An application ed in the National Register include for a preliminary determination for a more than one building. In such cases, property in a registered historic dis- the owner must submit a single part 1 trict which is outside the period or application, as described in paragraph area of significance in the district doc- (c) of this section, which includes de- umentation on file with the NPS must scriptions of all the buildings within document and justify the expanded sig- the listing. The Secretary will utilize nificance of the district and how the

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property contributes to the signifi- nonsignificance in order to qualify for cance of the district or document the those investment tax credits. If an individual significance of the property. owner begins or completes a substan- Applications must contain substantial rehabilitation (as defined by the tially the same level of documentation Internal Revenue Service) of a property as National Register nominations, as in a registered historic district without specified in 36 CFR part 60 and Na- knowledge of requirements for certifi- tional Register Bulletin 16, ‘‘Guidelines cation of nonsignificance, he or she for Completing National Register of may request certification that the Historic Places Forms’’ (available from property was not of historic signifi- SHPOs and NPS WASO). Applications cance to the district prior to substan- must also include written assurance tial rehabilitation in the same manner from the SHPO that the district nomi- as stated in paragraph (c) of this sec- nation is being revised to expand its tion. The owner should be aware, how- significance or, for certified districts, ever, that the taxpayer must certify to written assurance from the duly au- the Secretary of the Treasury that, at thorized representative that the dis- the beginning of such substantial reha- trict documentation is being revised to bilitation, he or she in good faith was expand its significance, or that the not aware of the certification require- SHPO is planning to nominate the ment by the Secretary of the Interior. property or the district. Owners should (h) The Secretary discourages the understand that confirmation of intent moving of historic buildings from their to nominate by a SHPO does not con- original sites. However, if a building is stitute listing in the National Register, to be moved as part of a rehabilitation nor does it constitute a certification of for which certification is sought, the significance as required by law for Fed- owner must follow different procedures eral tax incentives. Owners should fur- depending on whether the building is ther understand that they are pro- individually listed in the National Reg- ceeding at their own risk. If the prop- ister or is within a registered historic erty or district is not listed in the Na- district. When a building is moved, tional Register for procedural, sub- every effort should be made to re-es- stantive or other reasons; if the dis- tablish its historic orientation, imme- trict documentation is not formally diate setting, and general environment. amended; or if the significance of the Moving a building may result in re- property has been lost as a result of al- moval of the property from the Na- terations or damage, these preliminary tional Register or, for buildings within determinations of significance will not a registered historic district, denial or become final. The SHPO must nomi- revocation of a certification of signifi- nate the property or the district or the cance; consequently, a moved building SHPO for National Register districts may, in certain circumstances, be in- and the duly authorized representative eligible for rehabilitation certification. in the case of certified districts must submit documentation and have it ap- (1) Documentation must be sub- proved by the NPS to amend the Na- mitted that demonstrates: tional Register nomination or certified (i) The effect of the move on the district or the property or district building’s integrity and appearance must be listed before the preliminary (any proposed demolition, proposed certification of significance can be- changes in foundations, etc.); come final. (ii) Photographs of the site and gen- (g) For purposes of the other rehabili- eral environment of the proposed site; tation tax credits under section 47 of (iii) Evidence that the proposed site the Internal Revenue Code, properties does not possess historical significance within registered historic districts are that would be adversely affected by the presumed to contribute to the signifi- moved building; cance of such districts unless certified (iv) The effect of the move on the dis- as nonsignificant by the Secretary. tinctive historical and visual character Owners of non-historic properties with- of the district, where applicable; and in registered historic districts, there- (v) The method to be used for moving fore, must obtain a certification of the building.

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(2) For buildings individually listed ty days notice to the owner, if a prop- in the National Register, the proce- erty has been damaged, altered or dures contained in 36 CFR part 60 must changed effective as of the date of the be followed prior to the move, or the occurrence. The property may also be building will be removed from the Na- removed from the National Register, in tional Register, will not be considered accordance with the procedures in 36 a certified historic structure, and will CFR part 60. A revocation of certifi- have to be renominated for listing. The cation of significance pursuant to this owner may submit a part 1 application part may be appealed under § 67.10. For in order to receive a preliminary deter- damage, alteration or changes caused mination from the NPS of whether a by unacceptable rehabilitation work, move will cause the property to be re- see § 67.6(f). moved from the National Register. [54 FR 6771, Feb. 26, 1990, as amended at 76 However, preliminary approval of such FR 30541, May 26, 2011] a part 1 application does not satisfy the requirements of 36 CFR part 60. The § 67.5 Standards for evaluating signifi- SHPO must follow the remaining pro- cance within registered historic dis- cedures in that regulation so that the tricts. NPS can determine that the moved (a) Properties located within reg- building will remain listed in the Na- istered historic districts are reviewed tional Register and retain its status as by the Secretary to determine if they a certified historic structure. contribute to the historic significance (3) If an owner moves (or proposes to of the district by applying the fol- move) a building into a registered his- lowing Standards for Evaluating Sig- toric district or moves (or proposes to nificance within Registered Historic move) a building elsewhere within a Districts. registered historic district, a part 1 ap- (1) A building contributing to the his- plication containing the required infor- toric significance of a district is one mation described in paragraph (h)(1) of which by location, design, setting, ma- this section must be submitted. The terials, workmanship, feeling and asso- building to be moved will be evaluated ciation adds to the district’s sense of to determine if it contributes to the time and place and historical develop- historic significance of the district ment. both before and after the move as in (2) A building not contributing to the § 67.4(i). historic significance of a district is one (i) Properties within registered his- which does not add to the district’s toric districts will be evaluated to de- sense of time and place and historical termine if they contribute to the his- development; or one where the loca- toric significance of the district by ap- tion, design, setting, materials, work- plication of the Secretary’s Standards manship, feeling and association have for Evaluating Significance within been so altered or have so deteriorated Registered Historic Districts as set that the overall integrity of the build- forth in § 67.5. ing has been irretrievably lost. (j) Once the significance of a prop- (3) Ordinarily buildings that have erty located within a registered his- been built within the past 50 years toric district or a potential historic shall not be considered to contribute to district has been determined by the the significance of a district unless a Secretary, written notification will be strong justification concerning their sent to the owner and the SHPO in the historical or architectural merit is form of a certification of significance given or the historical attributes of the or nonsignificance. district are considered to be less than (k) Owners shall report to the Sec- 50 years old. retary through the SHPO any substan- (b) A condemnation order may be tial damage, alteration or changes to a presented as evidence of physical dete- property that occurs after issuance of a rioration of a building but will not of certification of significance and prior itself be considered sufficient evidence to a final certification of rehabilita- to warrant certification of nonsignifi- tion. The Secretary may withdraw a cance for loss of integrity. In certain certification of significance, upon thir- cases it may be necessary for the owner

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to submit a structural engineer’s re- tions,’’ consult the appropriate SHPO port to help substantiate physical dete- or NPS WASO. rioration and/or structural damage. (d) Where rehabilitation credits are Guidance on preparing a structural en- sought, certifications of significance gineer’s report is available from the will be made on the appearance and appropriate SHPO or NPS WASO. condition of the property before reha- (c) Some properties listed in the Na- bilitation was begun. tional Register, primarily districts, are (e) If a nonhistoric surface material resources whose concentration or con- obscures a facade, it may be necessary tinuity possesses greater historical sig- for the owner to remove a portion of nificance than many of their individual the surface material prior to request- component buildings and structures. ing certification so that a determina- These usually are documented as a tion of significance or nonsignificance group rather than individually. Accord- can be made. After the material has ingly, this type of National Register been removed, if the obscured facade documentation is not conclusive for has retained substantial historic integ- the purposes of this part and must be rity and the property otherwise con- supplemented with information on the tributes to the historic district, it will significance of the specific property. be determined to be a certified historic Certifications of significance and non- structure. However, if the obscuring significance will be made on the basis material remains when a determina- of the application documentation, ex- tion of nonsignificance is requested isting National Register documenta- under § 67.4(a)(2), the property will be tion, and other available information presumed to contribute to the historic as needed. The Keeper may amend the significance of the district, if otherwise National Register documentation by qualified, and, therefore, not eligible issuing a supplementary record if the for the other tax credits under section application material warrants such an 47 of the Internal Revenue Code. amendment. If a certification request (f) Additional guidance on certifi- is received for a property which is not cations of historic significance is avail- yet listed on the National Register or able from SHPOs and NPS WASO. which is outside a district’s established period or area of significance, a pre- § 67.6 Certifications of rehabilitation. liminary determination of significance (a) Owners who want rehabilitation will be issued only if the request in- projects for certified historic struc- cludes adequate documentation and if tures to be certified by the Secretary there is written assurance from the as being consistent with the historic SHPO that the SHPO plans to nomi- character of the structure, and, where nate the property or district or that applicable, the district in which the the district nomination in question is structure is located, thus qualifying as being revised to expand its significance a certified rehabilitation, shall comply or for certified districts, written assur- with the procedures listed below. A fee, ance from the duly authorized rep- as described in § 67.11, for reviewing all resentative that the district docu- proposed, ongoing, or completed reha- mentation is being revised to expand bilitation work is charged by the Sec- the significance. Certifications will be- retary. No certification decisions will come final when the property or dis- be issued on any application until the trict is listed or when the district doc- appropriate remittance is received. umentation is officially amended un- (1) To initiate review of a rehabilita- less the significance of the property tion project for certification purposes, has been lost as a result of alteration an owner must complete part 2 of the or damage. For procedures on amend- Historic Preservation Certification Ap- ing listings to the National Register plication according to instructions ac- and additional information on the use companying the application. These in- of National Register documentation structions explain in detail the docu- and the supplementary record which is mentation required for certification of contained in National Register Bul- a rehabilitation project. The applica- letin 19, ‘‘Policies and Procedures for tion may describe a proposed rehabili- Processing National Register Nomina- tation project, a project in progress, or

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a completed project. In all cases, docu- habilitation, photographs adequate to mentation, including photographs ade- document the completed rehabilita- quate to document the appearance of tion, and the social security or tax- the structure(s), both on the exterior payer identification number(s) of all and on the interior, and its site and en- owners. vironment prior to rehabilitation must (b) A rehabilitation project for cer- accompany the application. The social tification purposes encompasses all security or taxpayer identification work on the interior and exterior of number(s) of all owners must be pro- the certified historic structure(s) and vided in the application. Other docu- its site and environment, as deter- mentation, such as window surveys or mined by the Secretary, as well as re- cleaning specifications, may be related demolition, new construction or quired by reviewing officials to evalu- rehabilitation work which may affect ate certain rehabilitation projects. the historic qualities, integrity or site, Plans for any attached, adjacent, or re- landscape features, and environment of lated new construction must also ac- the certified historic structure(s). More company the application. Where nec- specific considerations in this regard essary documentation is not provided, are as follows: review and evaluation may not be com- (1) All elements of the rehabilitation pleted and a denial of certification will project must meet the Secretary’s ten be issued on the basis of lack of infor- Standards for Rehabilitation (§ 67.7); mation. Owners are strongly encour- portions of the rehabilitation project aged to submit part 2 of the application not in conformance with the Standards prior to undertaking any rehabilitation may not be exempted. In general, an work. Owners who undertake rehabilitation projects without prior approval owner undertaking a rehabilitation from the Secretary do so strictly at project will not be held responsible for their own risk. Because the cir- prior rehabilitation work not part of cumstances of each rehabilitation the current project, or rehabilitation project are unique to the particular work that was undertaken by previous certified historic structure involved, owners or third parties. certifications that may have been (2) However, if the Secretary con- granted to other rehabilitations are siders or has reason to consider that a not specifically applicable and may not project submitted for certification does be relied on by owners as applicable to not include the entire rehabilitation other projects. project subject to review hereunder, (2) A project does not become a cer- the Secretary may choose to deny a re- tified rehabilitation until it is com- habilitation certification or to with- pleted and so designated by the NPS. A hold a decision on such a certification determination that the completed re- until such time as the Internal Rev- habilitation of a property not yet des- enue Service, through a private letter ignated a certified historic structure ruling, has determined, pursuant to meets the Secretary’s Standards for these regulations and applicable provi- Rehabilitation does not constitute a sions of the Internal Revenue Code and certification of rehabilitation. When income tax regulations, the proper requesting certification of a completed scope of the rehabilitation project to rehabilitation project, the owner shall be reviewed by the Secretary. Factors submit a Request for Certification of to be taken into account by the Sec- Completed Work (NPS Form 10–168c) retary and the Internal Revenue Serv- and provide the project completion ice in this regard include, but are not date and a signed statement that the limited to, the facts and circumstance completed rehabilitation project meets of each application and (i) whether pre- the Secretary’s Standards for Rehabili- vious demolition, construction or reha- tation and is consistent with the work bilitation work irrespective of owner- described in part 2 of the Historic Pres- ship or control at the time was in fact ervation Certification Application. undertaken as part of the rehabilita- Also required in requesting certifi- tion project for which certification is cation of a completed rehabilitation sought, and (ii) whether property con- project are costs attributed to the re- veyances, reconfigurations, ostensible

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ownership transfers or other trans- structure as in § 67.4(a). In rehabilita- actions were transactions which pur- tion projects where the structures have portedly limit the scope of a rehabili- been determined to be functionally re- tation project for the purpose of review lated historically, demolition of a com- by the Secretary without substantially ponent may be approved, in limited cir- altering beneficial ownership or con- cumstances, when: trol of the property. The fact that a (i) The component is outside the pe- property may still qualify as a cer- riod of significance of the property, or tified historic structure after having (ii) The component is so deteriorated undergone inappropriate rehabilita- or altered that its integrity has been tion, construction or demolition work irretrievably lost; or does not preclude the Secretary or the (iii) The component is a secondary Internal Revenue Service from deter- one that generally lacks historic, engi- mining that such inappropriate work is neering, or architectural significance part of the rehabilitation project to be or does not occupy a major portion of reviewed by the Secretary. the site and persuasive evidence is (3) Conformance to the Standards present to show that retention of the will be determined on the basis of the component is not technically or eco- application documentation and other nomically feasible. available information by evaluating (6) In situations involving rehabilita- the property as it existed prior to the tion of a certified historic structure in commencement of the rehabilitation a historic district, the Secretary will project, regardless of when the prop- review the rehabilitation project first erty becomes or became a certified his- as it affects the certified historic toric structure. structure and second as it affects the (4) For rehabilitation projects involv- district and make a certification deci- ing more than one certified historic sion accordingly. structure where the structures are (7) In the event that an owner of a judged by the Secretary to have been portion of a certified historic structure functionally related historically to requests certification for a rehabilita- serve an overall purpose, such as a mill tion project related only to that por- complex or a residence and carriage tion, but there is or was a larger re- house, rehabilitation certification will lated rehabilitation project(s) occur- be issued on the merits of the overall ring with respect to the certified his- project rather than for each structure toric structure, the Secretary’s deci- or individual component. For rehabili- sion on the requested certification will tation projects where there is no his- be based on review of the overall reha- toric functional relationship among bilitation project(s) for the certified the structures, the certification deci- historic structure. sion will be made for each separate cer- (8) For rehabilitation projects which tified historic structure regardless of are to be completed in phases over the how they are grouped for ownership or alternate 60-month period allowed in development purposes. section 47 of the Internal Revenue (5) Demolition of a building as part of Code, the initial part 2 application and a rehabilitation project involving mul- supporting architectural plans and tiple buildings may result in denial of specifications should identify the certification of the rehabilitation. In project as a 60-month phased project projects where there is no historic and describe the number and order of functional relationship among the the phases and the general scope of the structures being rehabilitated, related overall rehabilitation project. If the new construction which physically ex- initial part 2 application clearly identi- pands one certified historic structure fies the project as a phased rehabilita- undergoing rehabilitation and, there- tion, the NPS will consider the project fore, directly causes the demolition of in all its phases as a single rehabilita- an adjacent structure will generally re- tion. If complete information on the result in denial of certification of the rehabilitation work of the later phases is habilitation unless a determination has not described in the initial part 2 appli- been made that the building to be de- cation, it may be submitted at a later molished is not a certified historic date but must be clearly identified as a

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later phase of a 60-month phased project was not undertaken as rep- project that was previously submitted resented by the owner in his or her ap- for review. Owners are cautioned that plication and supporting documenta- work undertaken in a later phase of a tion, or the owner, upon obtaining cer- 60-month phased project that does not tification, undertook further unap- meet the Standards for Rehabilitation, proved project work inconsistent with whether or not submitted for review, the Secretary’s Standards for Rehabili- will result in a denial of certification tation. The tax consequences of a rev- of the entire rehabilitation with the ocation of certification will be deter- tax consequences of such a denial to be mined by the Secretary of the Treas- determined by the Secretary of the ury. Treasury. Separate certifications for (f) If a proposed, ongoing, or com- portions of phased rehabilitation pleted rehabilitation project does not projects will not be issued. Rather the meet the Standards for Rehabilitation, owner will be directed to comply with an explanatory letter will be sent to Internal Revenue Service regulations the owner with a copy to the SHPO. A governing late certifications contained rehabilitated property not in conform- in 26 CFR 1.48–12. ance with the Standards for Rehabili- (c) Upon receipt of the complete ap- tation and which is determined to have plication describing the rehabilitation lost those qualities which caused it to project, the Secretary shall determine be nominated to the National Register, if the project is consistent with the will be removed from the National Reg- Standards for Rehabilitation. If the ister in accord with Department of the project does not meet the Standards Interior regulations 36 CFR part 60. for Rehabilitation, the owner shall be Similarly, if a property has lost those advised of that fact in writing and, qualities which caused it to be des- where possible, will be advised of nec- ignated a certified historic structure, essary revisions to meet such Stand- it will be certified as noncontributing ards. For additional procedures regard- (see § 67.4 and § 67.5). In either case, the ing rehabilitation projects determined delisting or certification of nonsignifi- not to meet the Standards for Rehabili- cance is considered effective as of the tation, see § 67.6(f). date of issue and is not considered to (d) Once a proposed or ongoing be retroactive. In these situations, the project has been approved, substantive Internal Revenue Service will be noti- changes in the work as described in the fied of the substantial alterations. The application must be brought promptly tax consequences of a denial of certifi- to the attention of the Secretary by cation will be determined by the Sec- written statement through the SHPO retary of the Treasury. to ensure continued conformance to the Standards; such changes should be § 67.7 Standards for rehabilitation. made using a Historic Preservation (a) The following Standards for Reha- Certification Application Continu- bilitation are the criteria used to de- ation/Amendment Sheet (NPS Form 10– termine if a rehabilitation project 168b). The Secretary will notify the qualifies as a certified rehabilitation. owner and the SHPO in writing wheth- The intent of the Standards is to assist er the revised project continues to the long-term preservation of a prop- meet the Standards. Oral approvals of erty’s significance through the preser- revisions are not authorized or valid. vation of historic materials and fea- (e) Completed projects may be in- tures. The Standards pertain to his- spected by an authorized representa- toric buildings of all materials, con- tive of the Secretary to determine if struction types, sizes, and occupancy the work meets the Standards for Re- and encompass the exterior and the in- habilitation. The Secretary reserves terior of historic buildings. The Stand- the right to make inspections at any ards also encompass related landscape time up to five years after completion features and the building’s site and en- of the rehabilitation and to revoke a vironment, as well as attached, adja- certification, after giving the owner 30 cent, or related new construction. To days to comment on the matter, if it is be certified, a rehabilitation project determined that the rehabilitation must be determined by the Secretary

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to be consistent with the historic char- (8) Significant archeological re- acter of the structure(s) and, where ap- sources affected by a project shall be plicable, the district in which it is lo- protected and preserved. If such re- cated. sources must be disturbed, mitigation (b) The following Standards are to be measures shall be undertaken. applied to specific rehabilitation (9) New additions, exterior alter- projects in a reasonable manner, tak- ations, or related new construction ing into consideration economic and shall not destroy historic materials technical feasibility. (The application that characterize the property. The of these Standards to rehabilitation new work shall be differentiated from projects is to be the same as under the the old and shall be compatible with previous version so that a project pre- the massing, size, scale, and architec- viously acceptable would continue to tural features to protect the historic be acceptable under these Standards.) integrity of the property and its envi- (1) A property shall be used for its ronment. historic purpose or be placed in a new (10) New additions and adjacent or reuse that requires minimal change to lated new construction shall be under- the defining characteristics of the taken in such a manner that if rebuilding and its site and environment. moved in the future, the essential form (2) The historic character of a prop- and integrity of the historic property erty shall be retained and preserved. and its environment would be The removal of historic materials or unimpaired. alteration of features and spaces that (c) The quality of materials and characterize a property shall be avoid- craftsmanship used in a rehabilitation ed. project must be commensurate with (3) Each property shall be recognized the quality of materials and craftsman- as a physical record of its time, place, ship of the historic building in ques- and use. Changes that create a false tion. Certain treatments, if improperly sense of historical development, such applied, or certain materials by their as adding conjectural features or archi- physical properties, may cause or ac- tectural elements from other buildings, celerate physical deterioration of his- shall not be undertaken. toric buildings. Inappropriate physical (4) Most properties change over time; treatments include, but are not limited those changes that have acquired his- to: improper repointing techniques; im- toric significance in their own right proper exterior masonry cleaning shall be retained and preserved. methods; or improper introduction of (5) Distinctive features, finishes, and insulation where damage to historic construction techniques or examples of fabric would result. In almost all situa- craftsmanship that characterize a his- tions, use of these materials and treat- toric property shall be preserved. ments will result in denial of certifi- (6) Deteriorated historic features cation. Similarly, exterior additions shall be repaired rather than replaced. that duplicate the form, material, and Where the severity of deterioration re- detailing of the structure to the extent quires replacement of a distinctive fea- that they compromise the historic ture, the new feature shall match the character of the structure will result in old in design, color, texture, and other denial of certification. For further in- visual qualities and, where possible, formation on appropriate and inappro- materials. Replacement of missing fea- priate rehabilitation treatments, own- tures shall be substantiated by docu- ers are to consult the Guidelines for mentary, physical, or pictorial evi- Rehabilitating Historic Buildings pub- dence. lished by the NPS. ‘‘Preservation (7) Chemical or physical treatments, Briefs’’ and additional technical infor- such as sandblasting, that cause dam- mation to help property owners formu- age to historic materials shall not be late plans for the rehabilitation, pres- used. The surface cleaning of struc- ervation, and continued use of historic tures, if appropriate, shall be under- properties consistent with the intent of taken using the gentlest means pos- the Secretary’s Standards for Rehabili- sible. tation are available from the SHPOs

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and NPS WASO. Owners are respon- tributes of the building; such deter- sible for procuring this material as minations are not limited to informa- part of property planning for a cer- tion contained in National Register or tified rehabilitation. related documentation. (d) In certain limited cases, it may be necessary to dismantle and rebuild por- § 67.8 Certifications of statutes. tions of a certified historic structure to (a) State or local statutes which will stabilize and repair weakened struc- be certified by the Secretary. For the tural members and systems. In such purpose of this regulation, a State or cases, the Secretary will consider such local statute is a law of the State or extreme intervention as part of a cer- local government designating, or pro- tified rehabilitation if: viding a method for the designation of, (1) The necessity for dismantling is a historic district or districts. This in- justified in supporting documentation; cludes any by-laws or ordinances that (2) Significant architectural features contain information necessary for the and overall design are retained; and certification of the statute. A statute (3) Adequate historic materials are must contain criteria which will sub- retained to maintain the architectural stantially achieve the purpose of pre- and historic integrity of the overall serving and rehabilitating properties of structure. historic significance to the district. To Section 47 of the Internal Revenue be certified by the Secretary, the stat- Code of 1986 exempts certified historic ute generally must provide for a duly structures from meeting the physical designated review body, such as a re- test for retention of external walls and view board or commission, with power internal structural framework speci- to review proposed alterations to struc- fied therein for other rehabilitated tures of historic significance within buildings. Nevertheless, owners are the boundaries of the district or dis- cautioned that the Standards for Reha- bilitation require retention of distin- tricts designated under the statute ex- guishing historic materials of external cept those owned by governmental en- and internal walls as well as structural tities which, by law, are not under the systems. In limited instances, rehabili- jurisdiction of the review body. tations involving removal of existing (b) When the certification of State external walls, i.e., external walls that statutes will have an impact on dis- detract from the historic character of tricts in specific localities, the Sec- the structure such as in the case of a retary encourages State governments nonsignificant later addition or walls to notify and consult with appropriate that have lost their structural integ- local officials prior to submitting a re- rity due to deterioration, may be cer- quest for certification of the statute. tified as meeting the Standards for Re- (c) State enabling legislation which habilitation. authorizes local governments to des- (e) Prior approval of a project by ignate, or provides local governments Federal, State, and local agencies and with a method to designate, a historic organizations does not ensure certifi- district or districts will not be cer- cation by the Secretary for Federal tax tified unless accompanied by local purposes. The Secretary’s Standards statutes that implement the purposes for Rehabilitation take precedence of the State law. Adequate State stat- over other regulations and codes in de- utes which designate specific historic termining whether the rehabilitation districts and do not require specific im- project is consistent with the historic plementing local statutes will be cer- character of the property and, where tified. If the State enabling legislation applicable, the district in which it is contains provisions which do not meet located. the intent of the law, local statutes (f) The qualities of a property and its designated under the authority of the environment which qualify it as a cer- enabling legislation will not be certified historic structure are determined tified. When State enabling legislation taking into account all available infor- exists, it must be certified before any mation, including information derived local statutes enacted under its au- from the physical and architectural at- thority can be certified.

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(d) Who may apply. Requests for cer- tially achieve the purpose of preserving tification of State or local statutes and rehabilitating properties of his- may be made only by the Chief Elected toric significance to the district, the Official of the government which en- Secretary will certify the statute(s). acted the statute or his or her author- (4) The Secretary generally provides ized representative. The applicant shall written notification within 30 days of certify in writing that he or she is au- receipt by the NPS to the duly author- thorized by the appropriate State or ized representative and to the SHPO local governing body to apply for cer- when certification of the statute is tification. given or denied. If certification is de- (e) Statute certification process. Re- nied, the notification will provide an quests for certification of State or explanation of the reason(s) for such local statutes shall be made as follows: denial. (1) The request shall be made in writ- (f) Amendment or repeal of stating from the duly authorized represent- ute(s). State or local governments, as ative certifying that he or she is au- appropriate, must notify the Secretary thorized to apply for certification. The in the event that certified statutes are request should include the name or repealed, whereupon the certification title of a person to contact for further of the statute (and any districts des- information and his or her address and ignated thereunder) will be withdrawn telephone number. The authorized rep- by the Secretary. If a certified statute resentative is responsible for providing is amended, the duly authorized rep- historic district documentation for re- resentative shall submit the amend- view and certification prior to the first ment(s) to the Secretary, with a copy certification of significance in a dis- to the SHPO, for review in accordance trict unless another responsible person with the procedures outlined above. is indicated including his or her ad- Written notification of the Secretary’s dress and telephone number. The re- decision as to whether the amended quest shall also include a copy of the statute continues to meet these cri- statute(s) for which certification is re- teria will be sent to the duly author- quested, including any by-laws or ordi- ized representative and the SHPO with- nances that contain information nec- in 60 days of receipt. essary for the certification of the stat- (g) The Secretary may withdraw cer- ute. Local governments shall also sub- tification of a statute (and any dis- mit a copy of the State enabling legis- tricts designated thereunder) on his lation, if any, authorizing the designa- own initiative if it is repeal or amend- tion of historic districts. ed to be inconsistent with certification (2) Requests shall be sent to the requirements after providing the duly SHPO in participating States and di- authorized representative and the rectly to appropriate NPS WASO in SHPO 30 days in which to comment nonparticipating States. prior to the withdrawal of certifi- (3) The Secretary shall review the cation. statute(s) and assess whether the statute(s) and any by-laws or ordinances § 67.9 Certifications of State or local that contain information necessary for historic districts. the certification of the statute contain (a) The particular State or local his- criteria which will substantially toric district must also be certified by achieve the purposes of preserving and the Secretary as substantially meeting rehabilitating properties of historic National Register criteria, thereby significance to the district(s) based qualifying it as a registered historic upon the standards set out above in district, before the Secretary will proc- § 67.8(a). The SHPO shall be given a 30- ess requests for certification of indi- day opportunity to comment upon the vidual properties within a district or request. Comments received from the districts established under a certified SHPO within this time period will be statute. considered by the Secretary in the re- (b) The provision described herein view process. If the statute(s) contain will not apply to properties within a such provisions and if this and other State or local district until the district provisions in the statute will substan- has been certified, even if the statute

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creating the district has been certified of contributing and noncontributing by the Secretary. properties; the map should clearly (c) The Secretary considers the duly show the district’s boundaries. authorized representative requesting (5) Photographs of typical areas in certification of a statute to be the offi- the district as well as major types of cial responsible for submitting district contributing and noncontributing prop- documentation for certification. If an- erties; all photographs should be keyed other person is to assume responsi- to the map. bility for the district documentation, (e) Districts designated by certified the letter requesting statute certifi- State or local statutes shall be evalu- cation shall indicate that person’s ated using the National Register cri- name, address, and telephone number. teria (36 CFR part 60) within 30 days of The Secretary considers the author- the receipt of the required documenta- izing statement of the duly authorized tion by the Secretary. Written notifi- representative to indicate that the ju- cation of the Secretary’s decision will risdiction involved wishes not only be sent to the duly authorized rep- that the statute in question be cer- resentative or to the person designated tified but also wishes all historic dis- as responsible for the district docu- tricts designated by the statute to be mentation. certified unless otherwise indicated. (f) Certification of statutes and dis- (d) Requests shall be sent to the tricts does not constitute certification SHPO in participating States and di- of significance of individual properties rectly to the appropriate NPS WASO in within the district or of rehabilitation nonparticipating States. The SHPO projects by the Secretary. shall be given a 30-day opportunity to (g) Districts certified by the Sec- comment upon an adequately docu- retary as substantially meeting the re- mented request. Comments received quirements for listing will be deter- from the SHPO within this time period mined eligible for listing in the Na- will be considered by the Secretary in tional Register at the time of certifi- the review process. The guidelines in cation and will be published as such in National Register Bulletin 16, ‘‘Guide- the FEDERAL REGISTER. lines for Completing National Register (h) Documentation on additional dis- of Historic Places Forms,’’ provide in- tricts designated under a State or local formation on how to document historic statute the has been certified by the districts for the National Register. Secretary should be submitted to the Each request should include the fol- Secretary for certification following lowing documentation: the same procedures and including the (1) A description of the general phys- same information outlined in the sec- ical or historical qualities which make tion above. this a district; and explanation for the (i) State or local governments, as ap- choice of boundaries for the district; propriate, shall notify the Secretary if descriptions of typical architectural a certified district designation is styles and types of buildings in the dis- amended (including boundary changes) trict. or repealed. If a certified district des- (2) A concise statement of why the ignation is amended, the duly author- district has significance, including an ized representative shall submit docu- explanation of the areas and periods of mentation describing the change(s) significance, and why it meets Na- and, if the district has been increased tional Register criteria for listing (see in size, information on the new areas 36 CFR part 60); the relevant criteria as outlined in § 67.9. A revised state- should be identified (A, B, C, and D). ment of significance for the district as (3) A definition of what types of prop- a whole shall also be included to reflect erties contribute and do not contribute any changes in overall significance as a to the significance of the district as result of the addition or deletion of well as an estimate of the percentage areas. Review procedures shall follow of properties within the district that those outlined in § 67.9 (d) and (e). The do not contribute to its significance. Secretary will withdraw certification (4) A map showing all district prop- of repealed or inappropriately amended erties with, if possible, identification certified district designations, thereby

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disqualifying them as registered his- the owner because the denial itself does toric districts. not exhaust the administrative remedy (j) The Secretary may withdraw cer- that is available. The owner instead tification of a district on his own ini- must seek recourse by undertaking the tiative if it ceases to meet the National usual nomination process (36 CFR part Register Criteria for Evaluation after 60). providing the duly authorized rep- (c) In considering such appeals or ad- resentative and the SHPO 30 days in ministrative reviews, the Chief Appeals which to comment prior to withdrawal Officer shall take in account alleged of certification. errors in professional judgment or al- (k) The Secretary urges State and leged prejudicial procedural errors by local review boards of commissions to NPS officials. The Chief Appeals Offi- become familiar with the Standards cer’s decision may: used by the Secretary of the Interior (1) Reverse the appealed decision; for certifying the rehabilitation of his- (2) Affirm the appealed decision; toric properties and to consider their (3) Resubmit the matter to WASO for adoption for local design review. further consideration; or (4) Where appropriate, withhold a de- § 67.10 Appeals. cision until issuance of a ruling from (a) The owner or a duly authorized the Internal Revenue Service pursuant representative may appeal any of the to § 67.6(b)(2). certifications or denials of certifi- The Chief Appeals Officer may base his cation made under this part or any de- decision in whole or part on matters or cisions made under § 67.6(f). factors not discussed in the decision (1) Appeals must: appealed from. The Chief Appeals Offi- (i) Be in writing; e.g. letter, fax, or e- cer is authorized to issue the certifi- mail; cations discussed in this part only if he (ii) Be addressed to the Chief Appeals considers that the requested certifi- Officer, Cultural Resources, National cation meets the applicable statutory Park Service, U.S. Department of the standard upon application of the Interior, 1849 C Street, NW., Wash- Standards set forth herein or he con- ington, DC 20240; siders that prejudicial procedural error (iii) Be received by NPS within 30 by a Federal official legally compels days of receipt by the owner or a duly issuance of the requested certification. authorized representative of the deci- (d) The decision of the Chief Appeals sion which is the subject of the appeal; Officer shall be the final administra- and tive decision on the appeal. No person (iv) Include all information the shall be considered to have exhausted owner wishes the Chief Appeals Officer his or her administrative remedies to consider in deciding the appeal. with respect to the certifications or de- (2) The appellant may request a cisions described in this part until the meeting to discuss the appeal. Chief Appeals Officer has issued a final (3) NPS will notify the SHPO that an administrative decision pursuant to appeal is pending. this section. (4) The Chief Appeals Officer will [54 FR 6771, Feb. 26, 1990, as amended at 76 consider the record of the decision in FR 30541, May 26, 2011] question, any further written submis- sions by the owner, and other available § 67.11 Fees for processing certifi- information and will provide the appel- cation requests. lant a written decision as promptly as (a) Fees are charged for reviewing circumstances permit. certification requests according to the (5) Appeals under this section con- schedule and instructions provided in stitute an administrative review of the public notices in the FEDERAL REG- decision appealed from and are not ISTER by NPS. conducted as an adjudicative pro- (b) No payment should be made until ceeding. requested by the NPS. A certification (b) The denial of a preliminary deter- decision will not be issued on an appli- mination of significance for an indication until the appropriate remit- vidual property may not be appealed by tance is received.

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(c) Fees are nonrefundable. sive replacement and new construction. New exterior additions are not within [76 FR 30541, May 26, 2011] the scope of this treatment; however, the limited and sensitive upgrading of PART 68—THE SECRETARY OF THE mechanical, electrical and plumbing INTERIOR’S STANDARDS FOR THE systems and other code-required work TREATMENT OF HISTORIC PROP- to make properties functional is appro- ERTIES priate within a preservation project. (b) Rehabilitation means the act or Sec. process of making possible an efficient 68.1 Intent. compatible use for a property through 68.2 Definitions. repair, alterations and additions while 68.3 Standards. preserving those portions or features AUTHORITY: The National Historic Preser- that convey its historical, cultural or vation Act of 1966, as amended (16 U.S.C. 470 architectural values. et seq.); sec. 2124 of the Tax Reform Act of (c) Restoration means the act or proc- 1976, 90 Stat. 1918; E.O. 11593, 3 CFR part 75 (1971); sec. 2 of Reorganization Plan No. 3 of ess of accurately depicting the form, 1950 (64 Stat. 1262). features and character of a property as it appeared at a particular period of SOURCE: 60 FR 35843, July 12, 1995, unless otherwise noted. time by means of the removal of features from other periods in its history § 68.1 Intent. and reconstruction of missing features from the restoration period. The lim- The intent of this part is to set forth ited and sensitive upgrading of me- standards for the treatment of historic chanical, electrical and plumbing sys- properties containing standards for tems and other code-required work to preservation, rehabilitation, restoration and reconstruction. These stand- make properties functional is appro- ards apply to all proposed grant-in-aid priate within a restoration project. development projects assisted through (d) Reconstruction means the act or the National Historic Preservation process of depicting, by means of new Fund. 36 CFR part 67 focuses on ‘‘cer- construction, the form, features and tified historic structures’’ as defined by detailing of a non-surviving site, land- the IRS Code of 1986. Those regulations scape, building, structure or object for are used in the Preservation Tax Incen- the purpose of replicating its appear- tives Program. 36 CFR part 67 should ance at a specific period of time and in continue to be used when property its historic location. owners are seeking certification for Federal tax benefits. § 68.3 Standards. One set of standards—preservation, § 68.2 Definitions. rehabilitation, restoration or recon- The standards for the treatment of struction—will apply to a property un- historic properties will be used by the dergoing treatment, depending upon National Park Service and State his- the property’s significance, existing toric preservation officers and their physical condition, the extent of docu- staff members in planning, under- mentation available and interpretive taking and supervising grant-assisted goals, when applicable. The standards projects for preservation, rehabilita- will be applied taking into consider- tion, restoration and reconstruction. ation the economic and technical feasi- For the purposes of this part: bility of each project. (a) Preservation means the act or (a) Preservation. (1) A property will be process of applying measures necessary used as it was historically, or be given to sustain the existing form, integrity a new use that maximizes the retention and materials of an historic property. of distinctive materials, features, Work, including preliminary measures spaces and spatial relationships. Where to protect and stabilize the property, a treatment and use have not been generally focuses upon the ongoing identified, a property will be protected maintenance and repair of historic ma- and, if necessary, stabilized until addi- terials and features rather than exten- tional work may be undertaken.

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(2) The historic character of a prop- (4) Changes to a property that have erty will be retained and preserved. acquired historic significance in their The replacement of intact or repairable own right will be retained and prehistoric materials or alteration of fea- served. tures, spaces and spatial relationships (5) Distinctive materials, features, that characterize a property will be finishes and construction techniques or avoided. examples of craftsmanship that charac- (3) Each property will be recognized terize a property will be preserved. as a physical record of its time, place (6) Deteriorated historic features will and use. Work needed to stabilize, con- be repaired rather than replaced. solidate and conserve existing historic Where the severity of deterioration re- materials and features will be phys- quires replacement of a distinctive fea- ically and visually compatible, identi- ture, the new feature will match the fiable upon close inspection and prop- old in design, color, texture and, where erly documented for future research. possible, materials. Replacement of (4) Changes to a property that have missing features will be substantiated acquired historic significance in their by documentary and physical evidence. own right will be retained and pre- (7) Chemical or physical treatments, served. if appropriate, will be undertaken (5) Distinctive materials, features, using the gentlest means possible. Treatments that cause damage to his- finishes and construction techniques or toric materials will not be used. examples of craftsmanship that charac- (8) Archeological resources will be terize a property will be preserved. protected and preserved in place. If (6) The existing condition of historic such resources must be disturbed, miti- features will be evaluated to determine gation measures will be undertaken. the appropriate level of intervention (9) New additions, exterior alter- needed. Where the severity of deterio- ations or related new construction will ration requires repair or limited re- not destroy historic materials, features placement of a distinctive feature, the and spatial relationships that charac- new material will match the old in terize the property. The new work will composition, design, color and texture. be differentiated from the old and will (7) Chemical or physical treatments, be compatible with the historic mate- if appropriate, will be undertaken rials, features, size, scale and propor- using the gentlest means possible. tion, and massing to protect the integ- Treatments that cause damage to his- rity of the property and its environ- toric materials will not be used. ment. (8) Archeological resources will be (10) New additions and adjacent or re- protected and preserved in place. If lated new construction will be under- such resources must be disturbed, miti- taken in such a manner that, if re- gation measures will be undertaken. moved in the future, the essential form (b) Rehabilitation. (1) A property will and integrity of the historic property be used as it was historically or be and its environment would be given a new use that requires minimal unimpaired. change to its distinctive materials, fea- (c) Restoration. (1) A property will be tures, spaces and spatial relationships. used as it was historically or be given (2) The historic character of a prop- a new use that interprets the property erty will be retained and preserved. and its restoration period. The removal of distinctive materials or (2) Materials and features from the alteration of features, spaces and spa- restoration period will be retained and tial relationships that characterize a preserved. The removal of materials or property will be avoided. alteration of features, spaces and spa- (3) Each property will be recognized tial relationships that characterize the as a physical record of its time, place period will not be undertaken. and use. Changes that create a false (3) Each property will be recognized sense of historical development, such as a physical record of its time, place as adding conjectural features or ele- and use. Work needed to stabilize, con- ments from other historic properties, solidate and conserve materials and will not be undertaken. features from the restoration period

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will be physically and visually compat- (3) Reconstruction will include meas- ible, identifiable upon close inspection ures to preserve any remaining historic and properly documented for future re- materials, features, and spatial rela- search. tionships. (4) Materials, features, spaces and (4) Reconstruction will be based on finishes that characterize other histor- the accurate duplication of historic ical periods will be documented prior features and elements substantiated by to their alteration or removal. documentary or physical evidence (5) Distinctive materials, features, rather than on conjectural designs or finishes and construction techniques or the availability of different features examples of craftsmanship that charac- from other historic properties. A recon- terize the restoration period will be structed property will re-create the ap- preserved. pearance of the non-surviving historic (6) Deteriorated features from the property in materials, design, color and restoration period will be repaired texture. rather than replaced. Where the sever- (5) A reconstruction will be clearly ity of deterioration requires replace- identified as a contemporary re-cre- ment of a distinctive feature, the new ation. feature will match the old in design, (6) Designs that were never executed color, texture and, where possible, ma- historically will not be constructed. terials. (7) Replacement of missing features PART 71—RECREATION FEES from the restoration period will be substantiated by documentary and phys- Sec. ical evidence. A false sense of history 71.1 Application. will not be created by adding conjec- 71.2 Types of Federal recreation fees. tural features, features from other 71.3 Designation. properties, or by combining features 71.4 Posting. that never existed together histori- 71.5 Golden Eagle Passport. cally. 71.6 Golden Age Passport. 71.7 Entrance fees for single-visit permits. (8) Chemical or physical treatments, 71.8 Validation and display of entrance per- if appropriate, will be undertaken mits. using the gentlest means possible. 71.9 Establishment of recreation use fees. Treatments that cause damage to his- 71.10 Special recreation permits and special toric materials will not be used. recreation permit fees. (9) Archeological resources affected 71.11 Collection of Federal recreation fees. by a project will be protected and pre- 71.12 Enforcement. served in place. If such resources must 71.13 Exceptions, exclusions, and exemptions. be disturbed, mitigation measures will 71.14 Public notification. be undertaken. 71.15 The Golden Eagle Insignia. (10) Designs that were never executed historically will not be constructed. AUTHORITY: Sec. 4, Land and Water Con- servation Fund Act of 1965 (16 U.S.C.A. 4601– (d) Reconstruction. (1) Reconstruction 6a (Supp., 1974)), as amended by Pub. L. 93– will be used to depict vanished or non- 303; and sec. 3, Act of July 11, 1972, 86 Stat. surviving portions of a property when 461; sec. 2 of Reorganization Plan No. 3 of documentary and physical evidence is 1950 (64 Stat. 1262). available to permit accurate recon- SOURCE: 39 FR 33217, Sept. 16, 1974, unless struction with minimal conjecture and otherwise noted. Redesignated at 44 FR 7143, such reconstruction is essential to the Feb. 6, 1979, and 46 FR 34329, July 1, 1981; cor- public understanding of the property. rectly redesignated at 46 FR 43045, Aug. 26, (2) Reconstruction of a landscape, 1981. building, structure or object in its historic location will be preceded by a § 71.1 Application. thorough archeological investigation This part is promulgated pursuant to to identify and evaluate those features section 4, Land and Water Conserva- and artifacts that are essential to an tion Fund Act of 1965, 16 U.S.C.A. 4601– accurate reconstruction. If such re- 6a (Supp., 1974), and section 3, Act of sources must be disturbed, mitigation July 11, 1972, 86 Stat. 461. Any Federal measures will be undertaken. recreation fee charged by any bureau of

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the Department of the Interior shall be (2) For each Designated Recreation charged according to criteria set forth Use Facility, all of the following cri- in this part. teria are satisfied: (i) The facility is developed, adminis- § 71.2 Types of Federal recreation fees. tered, or provided by any bureau of the There shall be three types of Federal Department of the Interior, recreation fees: (ii) The facility is provided at Fed- (a) Entrance fees, charged either on eral expense, and an annual or single-visit basis, for ad- (iii) The nature of the facility is such mission to any Designated Entrance that fee collection is administratively Fee Area; and economically practical. (b) Daily recreation use fees for the use of specialized sites, facilities, (3) In no event shall any of the fol- equipment or services furnished at Fed- lowing, whether used singly or in any eral expense; and combination, be designated as facilities (c) Special recreation permit fees for for which recreation use fees shall be specialized recreation uses, such as, charged: Drinking water, wayside ex- but not limited to, group activities, hibits, roads, overlook sites, visitors’ recreation events, and the use of mo- centers, scenic drives, toilet facilities, torized recreation vehicles. picnic tables, and boat ramps. The first sentence of this paragraph does not § 71.3 Designation. apply to boat launching facilities with (a) An area or closely related group specialized facilities or services, such of areas shall be designated as an area as mechanical or hydraulic boat lifts or at which entrance fees shall be charged facilities. Such boat launching facili- (hereinafter ‘‘Designated Entrance Fee ties shall be designated as facilities for Area’’) if the following conditions are which recreation use fees shall be found to exist concurrently: charged, Provided, They satisfy the re- (1) The area is a unit of the National quirements of paragraphs (b) (1) and (2) Park System administered by the De- of this section. partment of the Interior; (4) In no event shall a campground, (2) The area is administered pri- which satisfies the requirements of marily for scenic, scientific, historical, paragraphs (b) (1) and (2) of this sec- cultural, or recreation purposes; (3) The area has recreation facilities tion, be designated as a facility for or services provided at Federal ex- which recreation use fees shall be pense; and charged unless the campground has all (4) The nature of the area is such of the following: Tent or trailer spaces, that entrance fee collection is adminis- drinking water, access road, refuse con- tratively and economically practical. tainers, toilet facilities, personal fee (b) Any specialized site, facility, collection, reasonable visitor protec- equipment or service related to out- tion, and simple devices for containing door recreation (hereinafter ‘‘facility’’) a campfire where campfires are per- shall be designated as a facility for mitted. A campground may be des- which a recreation use fee shall be ignated for recreation use fee collec- charged (hereinafter ‘‘Designated tion whether the above enumerated Recreation Use Facility’’) if: amenities are provided for individual (1) For each Designated Recreation or group use. Use Facility, at least one of the fol- (c) Any specialized recreation use in- lowing criteria is satisfied: cluding, but not limited to, group ac- (i) A substantial Federal investment tivities, recreation events, or the use of has been made in the facility, motorized recreation vehicles, shall (ii) The facility requires regular qualify as a use for which a special maintenance, recreation permit fee may be charged (iii) The facility is characterized by the presence of personnel, or (hereinafter ‘‘Special Recreation Per- (iv) The facility is utilized for the mit Use’’) if such use occurs in areas personal benefit of the user for a fixed under the jurisdiction of any bureau of period of time; and, the Department of the Interior.

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§ 71.4 Posting. (i) The representation of an Amer- ican Golden Eagle (colored gold) and a (a) The administering bureaus of the family group (colored midnight blue) Department of the Interior shall pro- enclosed within a circle (colored white vide for the posting of the following with a midnight blue border) framed by designation sign at entrances to Des- a rounded triangle (colored gold with a ignated Entrance Fee Areas and at ap- midnight blue border). propriate locations in areas with Des- (A) The color midnight blue shall be ignated Recreation Use Facilities in Pantone Matching System 282; the such a manner that the visiting public color gold shall be Pantone Matching will be clearly notified that Federal System 130; recreation fees are charged. The des- (B) The rounded triangle shall be 18 ignation sign shall: inches in vertical height at all Des- (1) Be constructed of enameled steel, ignated Entrance Fee Areas, except coated aluminum, silk screen reflective that at those areas accessible only on materials attached to wood or metal, foot, the rounded triangle may be 9 or other permanent materials; inches vertical height; (2) Consist of the basic elements, pro- (ii) The words ‘‘U.S. Fee Area’’ as in- portion, and color as indicated below: dicated below.

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(b) Clear notice shall be posted by sign described in paragraph (a) of this any bureau issuing special recreation section at the site of use at the time of permits at its area headquarters hav- use. ing administrative jurisdiction over (c) Proportionally sized replicas of the area in which the use authorized by the designation sign described in para- such a permit is to occur, that fees are graph (a) of this section may be used in charged for such permits. In addition, conjunction with other signs erected any specialized recreation use author- by any bureau of the Department of ized by permit shall, if reasonably fea- the Interior which direct the public to sible, be posted with the designation

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Designated Entrance Fee Areas, Des- ignated Recreation Use Facility for ignated Recreation Use Facilities, or which a recreation use fee is charged or Special Recreation Permit Uses. any Special Recreation Permit Use for (d) No entrance fee for admission to which a special recreation permit fee is any Designated Entrance Fee Area or charged. recreation use fee for the use of any (d) The annual Golden Eagle Passport Designated Recreation Use Facility shall be for sale at all Designated En- shall be collected unless such area or trance Fee Areas of the National Park facility is posted in accordance with Service, at the National Park Service this section. No fee for any Special headquarters, Washington, D.C., and at Recreation Permit Use shall be col- the Park Service field offices. lected unless clear notice that such a fee is charged is posted at the area § 71.6 Golden Age Passport. headquarters of the bureau issuing (a) Issuance of the Golden Age Pass- such permit in which the use author- port: ized by the permit is to occur. (1) Golden Age Passports will be issued by appropriate Federal per- § 71.5 Golden Eagle Passport. sonnel (hereinafter ‘‘Issuing Officer’’) (a) The Golden Eagle Passport is an at National Park Service headquarters, annual permit, valid on a calendar-year Washington, D.C., and at field offices basis, for admission to any Designated designated by the heads of the bureaus Entrance Fee Area. The charge for the administering Designated Entrance Golden Eagle Passport shall be $10. The Fee Areas and Designated Recreation annual Golden Eagle Passport shall be Use Facilities. nontransferable and the unlawful use (2) The Golden Age Passport will be thereof shall be punishable in the man- issued free of charge upon the presen- ner described in § 71.12 of this part. tation of identification or information (b) The Golden Eagle Passport shall which attests to the fact that the ap- admit the permittee and any persons plicant is a person 62 years of age or accompany him in a single, private, older and a citizen of the United noncommercial vehicle, or alter- States, or if not a citizen, domiciled natively, the permittee and his spouse, therein. To satisfy the age requirement children, and parents accompanying such identification may include, but is him where entry to the area is by any not limited to a State driver’s license means other than private, noncommer- or birth certificate. To satisfy the citi- cial vehicle, to Designated Entrance zenship requirement, such identifica- Fee Areas. Golden Eagle Passport cov- tion may include, but is not limited to, erage does not include a permittee and a birth certificate or a voter registra- his spouse, children, or parents enter- tion card issued by a State or Terri- ing a Designated Entrance Fee Area in tory, or a political subdivision thereof, two separate, private, noncommercial of the United States. vehicles. In this case, only the vehicle (3) For the purpose of this section, an with the permittee shall be covered by applicant should be regarded as being the Passport. The persons in the second ‘‘domiciled’’ in the United States if he vehicle shall be subject to the single- has a fixed and permanent residence in visit entrance fee requirement. the United States or its Territories to (1) ‘‘Private, noncommercial vehi- which he has the intention of returning cle,’’ for the purpose of this part, shall whenever he is absent. Accordingly, an include any passenger car, station alien may be domiciled in the United wagon, pickup camper truck, motor- States if he maintains a fixed and per- cycle, or other motor vehicle which is manent residence therein to which he used for private recreation purposes. has the intention of returning when- (2) ‘‘Accompanying,’’ for the purpose ever he is absent. An alien who tempo- of this section, shall be defined as com- rarily travels or works in the United ing immediately with (at the same States, even for a period of years, shall time) and entering together with (in not be regarded as domiciled therein if physical proximity). that alien has no intention of perma- (c) The annual Golden Eagle Passport nently maintaining his residence in the does not authorize the use of any Des- United States.

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(4) The Golden Age Passport, com- section, shall be defined the same as in mencing with the issuance of the 1975 § 71.5(b)(1). Golden Age Passports, shall be a life- (2) ‘‘Accompanying,’’ for the purpose time permit valid for the life of the of this subsection, shall be defined the permittee. same as in § 71.5(b)(2). (5) Any applicant meeting the age (c) Any Golden Age Passport per- and other requirements described in mittee shall be entitled upon presen- paragraph (a)(2) of this section not hav- tation of the Passport to utilize Des- ing in his possession any identification ignated Recreation Use Facilities at a or information evidencing his quali- rate of 50 percent of the established fication for a Golden Age Passport may recreation use fees. be issued such a Passport on the basis (d) The Golden Age Passport does not of the affidavit below, if such an affi- authorize any specialized recreation davit is signed in front of the Issuing use for which a special recreation per- Officer. mit fee is changed. Passport No lllll Date lllll § 71.7 Entrance fees for single-visit permits. To the Secretary of the Interior: I do hereby swear or affirm that I am 62 (a) Entrance fees for single-visit per- years of age or older, that I am a citizen of mits shall be selected by the National the United States or that I am domiciled Park Service from within the range of therein and that I am duly entitled to be fees listed below, provided that such issued free of charge one Golden Age Pass- fees are established in accordance with port pursuant to the Land and Water Con- servation Fund Act of 1965, 16 U.S.C. A.460l– the following criteria: 6a (Supp., 1974), as amended by Pub. L. 93– (1) The direct and indirect cost to the 303. Government; Signature llllllllllllllllll (2) The benefit to the recipient; Street llllllllllllllllllll (3) The public policy or interest Town, City, State llllllllllllll served; Issuing Officer lllllllllllllll (4) The comparable recreation fees (6) The Passport must be applied for charged by other Federal and non-Fed- in person and signed in front of the eral public agencies within the service Issuing Officer or otherwise it will be area of the management unit at which treated as invalid. the fee is charged; (7) The Golden Age Passport shall be (5) The economic and administrative nontransferable and the unlawful use feasibility of fee collection; and, thereof shall be punishable in the man- (6) Other pertinent factors. ner described in § 71.12 of this part. (b) There shall be two types of single- (b) The Golden Age Passport shall visit entrance fees charged at Des- admit the permittee and any persons ignated Entrance Fee Areas for those accompanying him in a single, private, persons not covered by either Golden noncommercial vehicle, or alter- Eagle or Golden Age Passports. natively, the permittee and his spouse (1) The fee for a single-visit permit and children accompanying him where applicable to those persons entering by entry to the areas is by means other private, noncommercial vehicle shall than private, noncommercial vehicle to be no more than $3 per vehicle. The sin- Designated Entrance Fee Areas. Golden gle-visit permit shall admit the per- Age Passport coverage does not include mittee and all persons accompanying a permittee and his spouse or children him in said vehicle. The single-visit entering a Designated Entrance Fee permit shall be valid only at the one Area in two separate, private, non- Designated Entrance Fee Area for commercial vehicles. In this case, only which it was purchased. ‘‘Accom- the vehicle with the permittee shall be panying,’’ for the purpose of this sec- covered by the Passport. The persons tion, shall mean entering together with in the second vehicle shall be subject the permittee while being transported to the single-visit entrance fee require- by the same private, noncommercial ment. vehicle which the permittee occupies. (1) ‘‘Private, noncommercial vehi- (2) The fee for a single-visit permit cle,’’ for the purposes of this sub- applicable to those persons entering by

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any means other than private, non- (5) The economic and administrative commercial vehicle shall be no more feasibility of fee collection, and than $1.50 per person and shall be valid (6) Other pertinent factors. at the one Designated Entrance Fee (b) With the approval of the Sec- Area for which it is paid. retary of the Interior recreation use (c) Any of the permits provided for in fees may be established for other types paragraphs (a) and (b) of this section of facilities in addition to those which shall be valid at the Designated En- are listed below. trance Fee Area for which it was pur- (c) Types of recreation facilities for chased during the same calendar day of which use fees may be charged: purchase. In addition, at overnight use areas, the single-visit permit shall be Tent, trailer and recreation vehicle sites 1 valid as long as the permittee and Group camping sites 12 those covered by his permit remain Specialized boat launching facilities and within the boundaries of the Des- services 3 ignated Entrance Fee Area, beginning Lockers from the first day of entry until the Boat storage and handling day of departure; except that on the Elevators same day that the entrance fee is paid, Ferries and other means of transportation the permittee and those covered by the Bathhouses permit may leave and reenter without Swimming pools payment of additional fees. Overnight shelters Guided tours [39 FR 33217, Sept. 16, 1974, as amended at 41 Electrical hook-ups FR 22563, June 4, 1976. Redesignated at 46 FR Vehicle and trailer storage 34329, July 1, 1981, and correctly redesignated at 46 FR 43045, Aug. 26, 1981] Rental of nonmotorized boats Rental of motorized boats § 71.8 Validation and display of en- Rental of hunting blinds trance permits. Reservation services (a) Every annual and lifetime permit Specialized sites (highly developed) shall be validated by the signature of [45 FR 43168, June 26, 1980. Redesignated at 46 its bearer on the face of the permit at FR 34329, July 1, 1981, and correctly redesig- the time of its receipt. nated at 46 FR 43045, Aug. 26, 1981] (b) All annual, lifetime and single- visit permits shall be nontransferable. 1 Provided, That in no event shall there be (c) Every permit shall be kept on the a charge for the use of any campsite and ad- person of its owner, and shall be exhib- jacent related facilities unless the camp- ited on the request of any authorized ground in which the site is located has all of representative of the administering bu- the following: Tent or trailer spaces, drink- reau. ing water, access road, refuse containers, toilet facilities, personal collection of the fee § 71.9 Establishment of recreation use by an employee or agent of the bureau oper- fees. ating the facility, reasonable visitor protection, and simple devices for containing a (a) Recreation use fees shall be estab- campfire (where campfires are permitted). lished by all outdoor recreation admin- 2 The administering agency may establish a istering agencies of the Department of group use rate in lieu of the above ‘‘Group the Interior in accordance with the fol- Camping Sites’’ recreation use fee in accord- lowing criteria: ance with the criteria set out in this section (1) The direct and indirect cost to the provided such rate is not less than $3.00 per government, day per group. Such a group use rate may (2) The benefit to the recipient, constitute either a special recreation permit (3) The public policy or interest fee or a recreation use fee as determined by served, the administering agency. 3 (4) The comparable recreation fees Use fees for boat ramps are prohibited. However, in the case of boat launching facili- charged by other Federal agencies, ties with specialized facilities or services, non-Federal public agencies and the such as mechanical or hydraulic lifts, rea- private sector located within the serv- sonable fees may be assessed in accordance ice area of the management unit at with the criteria set out in a paragraph (a) of which the fee is charged, this section.

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§ 71.10 Special recreation permits and convenient for the public and the bu- special recreation permit fees. reaus. (a) Special recreation permits may be required in accordance with procedures § 71.12 Enforcement. established by the administering bu- Persons authorized by the heads of reaus for specialized recreation uses, the appropriate bureaus to enforce such as, but not limited to, group ac- these regulations may arrest any per- tivities, recreation events, and the use son who violates these rules and regu- of motorized recreation vehicles. In lations within areas under the adminis- any instance where such a permit is re- tration or authority of such bureau quired, the following conditions must head with a warrant or, if the offense is be satisfied: committed in his presence, without a (1) The use complies with pertinent warrant. Any violations of the rules State and Federal laws and regulations and regulations issued in this part, ex- on public health, safety, air quality, cept those in § 71.15, shall be punishable and water quality; by a fine of not more than $100. (2) The use will not adversely impact archeological, historic or primitive § 71.13 Exceptions, exclusions, and ex- values and is not in conflict with exist- emptions. ing resource management programs In the application of the provisions of and objectives; this part, the following exceptions, ex- (3) The necessary clean-up and res- clusions, and exemptions shall apply: toration is made for any damage to re- (a) Nothing contained herein shall sources or facilities; and authorize Federal hunting or fishing li- (4) The use is restricted, to the ex- censes or fees; tent practicable, to an area where minimal impact is imposed on the en- (b) No entrance fee shall be charged vironmental, cultural or natural re- for travel by private noncommercial source values. vehicle over any National Parkway, or (b) Fees for special recreation per- any road or highway established as mits shall be established by all outdoor part of the National Federal-Aid Sys- recreation bureaus of the Department tem, which is commonly used by the of the Interior issuing such permits in public as a means of travel between accordance with the following criteria: two places, either or both of which are (1) The direct and indirect cost to the outside the Designated Entrance Fee Government; Area; (2) The benefit to the recipient; (c) No entrance fee shall be charged (3) The public policy or interest for travel by private noncommercial served; vehicle over any road or highway to (4) The comparable recreation fees any land in which such person has any charged by other Federal and non-Fed- property right if such land is within eral public agencies within the service any Designated Entrance Fee Area. area of the management unit at which (d) No Federal recreation fee shall be the fee is charged; charged for commercial or other activi- (5) The economic and administrative ties not related to recreation, includ- feasibility of fee collection; and ing, but not limited to, organized tours (6) Other pertinent factors. or outings conducted for educational or scientific purposes related to the re- § 71.11 Collection of Federal recre- sources of the area visited by bona fide ation fees. institutions established for these pur- The bureaus of the Department of the poses. Applicants for waiver of fees on Interior administering outdoor recre- this basis will be required to provide ation programs shall provide for the documentation of their official rec- collection of entrance fees at the place ognition as educational or scientific in- of admission to Designated Entrance stitutions by Federal, State or local Fee Areas; they shall provide for the government bodies and will also be re- collection of recreation use fees and/or quired to provide a statement as to the special recreation permit fees at the purposes of the visit proposed. The use place of use or at a location reasonably of any recreation facilities for which a

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fee waiver is requested must relate di- closed within a circle (colored white rectly to scientific or educational pur- with a midnight blue border) framed by poses of the visit and may not be pri- a rounded triangle (colored gold with a marily for recreational purposes. No midnight blue border) which was origi- Federal recreation fee shall be charged nated by the Department of the Inte- any hospital inmate actively involved rior as the official symbol for Federal in medical treatment or therapy in the recreation fee areas. area visited. (2) The term ‘‘Secretary’’ as used in (e) No entrance fee shall be charged this section, means the Secretary of any person conducting State, local, or the Interior or any person designated Federal government business. to act for him in any matter to which (f) No entrance fee shall be charged this section refers. at any entrance to Great Smoky Moun- (3) The term ‘‘commercial use,’’ as tains National Park unless such fees used in this section, refers to any use, are charged at main highway and thor- including the reproduction, manufac- oughfare entrances. ture, importation, or distribution, of (g) No entrance fees shall be charged the Insignia the primary purpose of for persons who have not reached their which is to make a profit. 16th birthday. (4) The term ‘‘public service use,’’ as (h) Until July 12, 1975, no entrance used in this section, refers to any use, fee shall be charged a foreign visitor to including the reproduction, manufac- the United States seeking admission to ture, importation, or distribution, of any Designated Entrance Fee Area the Insignia the primary purpose of upon presentation of a valid passport. which is to contribute to the public’s (i) No entrance fees shall be charged information and education about the persons having a right of access to Federal recreation fee program. lands or waters within a Designated (5) The term ‘‘official use’’ refers to Entrance Fee Area for hunting or fish- uses of the Insignia pursuant to §§ 71.4, ing privileges under a specific provi- 71.5, 71.6, 71.8, 71.10, and 71.14, includ- sion of law or treaty. ing, but not limited to, the posting of [39 FR 33217, Sept. 16, 1974; 39 FR 36114, Oct. areas, facilities, and uses with the des- 8, 1974. Redesignated at 44 FR 7143, Feb. 6, ignation sign described in § 71.4(a), and 1979, and 46 FR 34329, July 1, 1981, and cor- the design of Golden Eagle and Golden rectly redesignated at 46 FR 43045, Aug. 26, Age Passports, and uses of the Insignia 1981] by other Federal agencies. (6) The Golden Eagle program refers § 71.14 Public notification. to the Federal outdoor recreation fee The administering bureaus shall no- program, which provides for the des- tify the public of the specific Federal ignation of entrance fee areas, recre- recreation fees which will be charged ation use facilities, special recreation at areas and for facilities and uses permit uses, the issuance of Golden under their jurisdiction. Such notifica- Eagle and Golden Age Passports, and tion shall be accomplished by the post- the collection and enforcement of fees ing of fee information in accordance at Federal areas and facilities and for with § 71.4 and the inclusion of such in- specialized recreation uses established formation in publications distributed by the Land and Water Conservation at each area or facility. Public an- Fund Act of 1965, 16 U.S.C.A. 4601–6a nouncements, press releases and any (Supp., 1974), as amended. other suitable means may also be used (b) Licenses for commercial and public to provide such notification. service use. (1) Any person, business, or organization (hereinafter called the ap- § 71.15 The Golden Eagle Insignia. plicant) wishing a license for commer- (a) Definitions. (1) The term ‘‘The cial or public service use of the Insig- Golden Eagle Insignia’’ (hereinafter nia must make written application to ‘‘Insignia’’) as used in this section, the Secretary stating: means the words ‘‘The Golden Eagle’’ (i) The nature and scope of the in- and the representation of an American tended use. Golden Eagle (colored gold) and a fam- (ii) The applicant’s name and ad- ily group (colored midnight blue) en- dress.

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(iii) The nature of the applicant’s (iv) The license shall be subject to business or activities, and the relation- revocation by the Secretary at any ship between the intended use and said time that he finds that: (a) The criteria business or activities. under which the license was granted (2) The Secretary, in determining are not being fulfilled; or (b) there has whether to grant a license for the com- been a violation of the terms and con- mercial use of the Insignia, will conditions of the license. sider the following criteria: (5) Any license granted by the Sec- (i) Whether the intended use will be retary for public service use of the In- an enhancement of the Golden Eagle signia is subject to the following terms program which would complement the and conditions: program as it is administered by Fed- (i) The license is nontransferable. eral recreation agencies and depart- (ii) All proposed uses of the Insignia ments. must be approved by the Secretary (ii) Whether the intended use is like- prior to manufacture, importation, rely to cause confusion, or to cause mis- production, or distribution by the li- take, or to deceive the general public censee. by creating the impression that the use (iii) The license shall be subject to is official. revocation by the Secretary at any (iii) Whether the intended use is inju- time that he finds that: (a) The criteria rious to the integrity of the concept of under which the license was granted the Insignia. are not being fulfilled; or (b) there has (iv) Whether the intended use is capa- been a violation of the terms and con- ble of generating enough royalty fee ditions of the license. revenue to justify the administrative (c) Unauthorized use of the Insignia. (1) costs of licensing. Unauthorized use of the Insignia is all (3) The Secretary, in determining use except: The licensed commercial whether to grant a license for the pub- use or public service use of the Insig- lic service use of the Insignia, will con- nia; official use of the Insignia; and sider the following criteria: any lawful use of the Insignia, similar (i) Whether the intended use will be emblem, sign or words which antedates an enhancement of the Golden Eagle the Act of July 11, 1972, 86 Stat. 459. program which would complement the (2) Whoever makes unauthorized use program as it is administered by Fed- of the Insignia or any facsimile there- eral recreation agencies and depart- of, in such a manner as is likely to ments. cause confusion, or to cause mistake or (ii) Whether the intended use is inju- to deceive the public by creating the rious to the integrity of the concept of impression that the use is official, the Insignia. shall be fined not more than $250 or im- (4) Any license granted by the Sec- prisoned not more than 6 months or retary for commercial use of the Insig- both. nia is subject to the following terms (3) Any unauthorized use of the Insig- and conditions: nia may be enjoined at the suit of the (i) The license is nontransferable. Attorney General upon complaint by (ii) All proposed uses of the Insignia the Secretary. must be approved by the Secretary (d) Royalty fees for commercial and prior to manufacture, importation, or public service use. (1) Royalty fees for li- reproduction by the licensee. The In- censed commercial use of the Insignia signia shall not be used in conjunction shall be established at reasonable rates with substances inherently dangerous by contract between the licensee and to the public. the Secretary. (iii) The license shall contain equal (2) Royalty fees for licensed public employment opportunity provisions in service use of the Insignia shall be compliance with Executive Order 11246, waived by the Secretary. 30 FR 12319 (1965), as amended, and reg- (e) Abandonment of the Golden Eagle ulations issued pursuant thereto (41 Insignia. The rights of the United CFR Ch. 60) unless the royalty fees to States in the Golden Eagle Insignia be paid under the license are not ex- shall terminate if the use of the Insig- pected to exceed $10,000. nia is abandoned by the Secretary.

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Nonuse for a continued period of 2 72.53 Preapplication process for Rehabilita- years shall constitute abandonment. tion and Innovation grants. 72.54 Rehabilitation and Innovation grants—full application process. PART 72—URBAN PARK AND 72.55 [Reserved] RECREATION RECOVERY ACT OF 72.56 Grant program compliance require- 1978 ments. 72.57–72.59 [Reserved] 72.60 Grant administrative procedures. Subpart A—General 72.61 [Reserved] 72.62 Amendments to approved grants. Sec. 72.63 Grant payments. 72.1 Purpose of regulations. 72.64 [Reserved] 72.2 Legislative authority. 72.65 Other requirements. 72.3 Definitions. 72.4–72.9 [Reserved] Subpart E—Post-Completion Compliance Subpart B—Local Recovery Action Responsibilities Program 72.70 Applicability. 72.71 Information collection. 72.10 General requirements. 72.72 Conversion requirements. 72.11 Action program components. 72.73 Residency requirements. 72.12 Assessment of needs, problems and 72.74–72.75 [Reserved] issues. APPENDIX A TO PART 72—CRITERIA FOR ELIGI- 72.13 Action plan. BILITY 72.14 [Reserved] APPENDIX B TO PART 72—LIST OF ELIGIBLE 72.15 Preliminary Action Program. JURISDICTIONS 72.16 Preliminary Action Program requirements. AUTHORITY: Title X, National Parks and 72.17 Preliminary Action Program—com- Recreation Act of 1978, Pub. L. 95–625 (16 mitments to be included. U.S.C. 2501–2514); sec. 2 of Reorganization 72.18–72.29 [Reserved] Plan No. 3 of 1950 (64 Stat. 1262). Subpart C—Grants for Recovery Action Subpart A—General Program Development, Rehabilitation and Innovation SOURCE: 45 FR 71718, Oct. 29, 1980, unless 72.30 General requirements. otherwise noted. Redesignated at 46 FR 34329, 72.31 [Reserved] July 1, 1981, and correctly redesignated at 46 72.32 Funding and matching share. FR 43045, Aug. 26, 1981. 72.33 Timing and duration of projects. 72.34–72.35 [Reserved] § 72.1 Purpose of regulations. 72.36 Land ownership, control and conver- The purpose of this rule is to set sion. forth guidelines for awarding and ad- 72.37 Pass-through funding. ministering the three types of grants 72.38–72.39 [Reserved] 72.40 Historic properties. available through the UPARR pro- 72.41 Demolition and replacement of exist- gram. The three types of grants availing recreation properties. able are: Rehabilitation, Innovation 72.42 Expansion and new development. and Recovery Action Program. The ob- 72.43 Fundable elements: Recovery Action jectives of this rule are to: (1) Explain Program grants. the policies to be followed for awarding 72.44 Fundable elements: Rehabilitation and grants; (2) list the requirements and Innovation grant common elements. criteria to be met for each type of 72.45 Fundable elements: Innovation grants. grant and discretionary eligibility; (3) 72.46 Citizen participation requirements. 72.47 [Reserved] discuss fundable uses and limitations; 72.48 Federal coordination. (4) explain how proposals will be se- 72.49 [Reserved] lected and funded; and (5) describe the application process and administrative Subpart D—Grant Selection, Approval and procedures for awarding grants. Administration § 72.2 Legislative authority. 72.50 Grant selection criteria. 72.51 A–95 clearinghouse requirements. The policies and procedures of this 72.52 Recovery Action Program grant appli- rule are created to implement the cations. Urban Park and Recreation Recovery

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Act of 1978, Title X of the National Grantee: The general purpose local Parks and Recreation Act of 1978, Pub- government receiving a UPARR grant lic Law 95–625, 16 U.S.C. 2501–2514. The for its given use, or for authorized Act provides Federal grants to eco- pass-through to another appropriate nomically hard-pressed communities public or private non-profit agency. specifically for the rehabilitation of NPS: National Park Service Con- critically needed recreation areas and servation and Recreation Service. facilities, and for the development of Historic Property: Such a property is improved recreation services this pro- one listed in, or determined eligible to gram is authorized for a period of five be listed in the National Register of years. Historic Places. In-kind Contributions: In-kind con- § 72.3 Definitions. tributions represent the value of non- As used in this part: cash contributions provided by: (1) the Applicant Jurisdiction: The general grantee, (2) other public agencies and purpose local government making the institutions, and (3) private organiza- actual funding request or in receipt of tions and individuals. In-kind contribu- UPARR funding assistance. This term tions may consist of the value of do- applies whether the unit is an eligible nated or loaned equipment or supplies, or discretionary applicant. or contributed services directly bene- Appropriation: The yearly funding fiting and specifically identifiable to level made available by Congress to the project, and can be used as part of implement the UPARR Act. the grantee’s non-Federal matching Assistance: Funds made available by share. the Service to a grantee in support of a Innovation Grants: Matching grants public recreation project. to local governments to cover costs of Direct Expenditures or Direct Costs: personnel, facilities, equipment, sup- Those expenditures or costs that can be plies, or services designed to dem- associated with a specific project. onstrate innovative, and cost-effective Director: The Director of the National or service-effective ways to augment Park Service Conservation and Recre- park and recreation opportunities at ation Service or any other officer or the neighborhood level; and to address employee of the Service to whom is common problems related to facility delegated the authority involved. operations and improved delivery of Discretionary Applicants: General pur- recreation service, excluding routine pose local governments in Standard operation and maintenance activities. Metropolitan Statistical Areas as de- Insular Areas: Guam, the Virgin Is- fined by the Census but not included in lands, American Samoa and the North- the list of eligible applicants developed ern Mariana Islands. and published in accord with Sec. 1005 Maintenance: All commonly accepted of the UPARR Act. practices necessary to keep recreation Federal Management Circular 74–4 areas and facilities operating in a state (FMC 74–4): FMC 74–4 establishes prin- of good repair, and to protect them ciples and standards for determining from deterioration resulting from nor- (administrative) costs applicable to mal wear and tear. grants and contracts with State and OMB Circular A–95 (A–95): Establishes local governments. procedures for the evaluation, review General Purpose Local Government: and coordination of Federal and feder- Any city, county, town, township, par- ally assisted programs and projects. ish, village, or other general purpose This circular defines project notifica- political subdivision of a State, includ- tion and review procedures governing ing the District of Columbia, and insu- Federal grant agencies, State, metro- lar areas. politan and areawide clearinghouses. Grant: The act of providing a specific OMB Circular A–102 (A–102): Circular sum of money for the development of a A–102 provides the standard for estab- specific project, consistent with the lishing consistency and uniformity terms of a signed agreement; also the among Federal agencies in the admin- amount of money requested or award- istration of grants to States, localities ed. and federally recognized Indian tribes.

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Participant: The grantee, or other major sports areas, exhibition areas, agency or organization requesting and/ and conference halls used primarily for or receiving assistance. commercial sports, spectator, or dis- Pass-through: The transfer of funds at play activities are excluded from the discretion of the applicant jurisdic- UPARR assistance. tion, to independent, general or special Rehabilitation Grants: Matching cap- purpose local governments, private ital grants to local governments for non-profit agencies (including incor- the purpose of rebuilding, remodeling, porated community or neighborhood expanding, or developing existing out- groups), or county or regional park au- door or indoor recreation areas and fa- thorities, who offer recreation opportu- cilities; including improvements in nities to the general population within park landscapes, buildings, and support the jurisdictional boundaries of the ap- facilities; excluding routine mainte- plicant jurisdiction. nance and upkeep activities. Pass-through recipient: Synonymous Secretary: The Secretary of the Inte- with subgrantee. rior. Private Non-profit Agency: A reputable SMSA: Standard Metropolitan Statis- community-based, non-profit organiza- tical Area as defined by the Bureau of tion, corporation, or association orga- the Census. nized for purposes of providing recre- Special Purpose Local Government: Any ation, conservation, education or other local or regional special district, pub- community services directly to urban lic-purpose corporation or other lim- residents; on a neighborhood or com- ited political subdivision of a State: in- munitywide basis, through voluntary cluding but not limited to, park au- donations, voluntary labor, or public or thorities; park, conservation, water or private grants. sanitary districts; and school districts. Project: A single site-specific area or Sponsor: See Participant. service-specific program proposed or State: Any State of the United States, approved for funding. or any instrumentality of a State ap- Project Costs: All necessary charges proved by the Governor; the Common- made by a grantee in accomplishing wealth of Puerto Rico, and insular the objectives of a project, during the areas. grant period. Statewide Comprehensive Outdoor Property: Site and/or facility. Recreation Plan (SCORP): A State recre- Proposal: An application for UPARR ation plan required by the Land and assistance which may contain one or Water Conservation Fund Act. more projects. Subgrantee: A general or special pur- Recovery Action Program: A local park pose local government, private non- and recreation Recovery Action Pro- profit agency, county or regional park gram (plan) required under section 1007 authority requesting or in receipt of of the UPARR Act, which contains ex- UPARR funding under an applicant ju- pressions of continuing local commit- risdiction. ment to objectives, priorities and im- UPARR: Urban Park and Recreation plementation strategies for overall Recovery Act of 1978 or Program. park and recreation system planning, rehabilitation, service, operation and §§ 72.4–72.9 [Reserved] maintenance. Recreation Areas and Facilities: Parks, Subpart B—Local Recovery Action buildings, sites, or other indoor or out- Programs door facilities which are dedicated to recreation purposes and administered SOURCE: 45 FR 15457, Mar. 10, 1980, unless by public or private non-profit agencies otherwise noted. Redesignated at 46 FR 34329, to serve the recreation needs of com- July 1, 1981, and correctly redesignated at 46 munity residents. These facilities must FR 43045, Aug. 26, 1981. be open to the public and readily accessible to residential neighborhoods. § 72.10 General requirements. They may include multiple-use com- Any eligible jurisdiction or discre- munity centers which have recreation tionary applicant desiring to apply for as one of their primary purposes, but a grant must develop, submit and have

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approved a local Action Program. The South Central Region Action Program must be submitted to 5000 Marble Avenue, N.E., Albuquerque, New the appropriate National Park Service Mexico 87110. Regional Office where it will be evalu- Arkansas, Louisiana, New Mexico, Okla- ated and approved. This is a necessary homa, and Texas. requirement which must precede the awarding of any rehabilitation or inno- Alaska Area Office vation grant. Until January 1, 1981, 1011 East Tudor, Suite 297, Anchorage, Alas- this requirement may be satisfied with ka 99503. an approved Preliminary Action Pro- (Sec. 1007(a) and (b) of Title X National gram. The Preliminary Action Pro- Parks and Recreation Act of 1978, Pub. L. 95– gram must include a firm commitment 625, (16 U.S.C. 2506); sec. 2 of Reorganization by the local government to complete Plan No. 3 of 1950 (64 Stat. 1262)) and adopt a full Action Program within [45 FR 54335, Aug. 15, 1980. Redesignated at 46 one year of approval of the Preliminary FR 34329, July 1, 1981; and correctly redesig- Action Program. After January 1, 1981, nated at 46 FR 43045, Aug. 26, 1981] no rehabilitation or innovation grant will be awarded without an approved § 72.11 Action program components. Recovery Action Program on file with The local government will submit an the appropriate Regional Office. Com- Action Program which documents the munities are required to submit four recreation needs of the community to- (4) copies of the Action Program. Re- gether with action plans to meet those gional Offices and their States are: identified needs. This Action Program will indicate how the park and recre- Northeast Region ation system will be revitalized and Federal Office Bldg. Room 9310, 600 Arch maintained. While the emphasis of the Street, Philadelphia, Pennsylvania 19106. Action Program will be placed on the Connecticut, Delaware, Maine, Maryland, rehabilitation of deteriorating facili- Massachusetts, New Hampshire, New Jer- ties, it also will describe how the reha- sey, New York, Pennsylvania, Rhode Is- bilitation effort is linked to the overall land, Vermont, Virginia, West Virginia, goals, priorities and strategies of the and the District of Columbia. park and recreation system. The local Southeast Region government must develop the Action Program consistent with and linked to 75 Spring Street, Atlanta, Georgia 30303. Alabama, Florida, Georgia, Kentucky, Mis- the objectives, needs, plans, and insti- sissippi, North Carolina, Puerto Rico, tutional arrangements of the commu- South Carolina, Tennessee, and the Vir- nity. The Action Program must gin Islands. present evidence of its consistency with the community’s long-range goals Lake Central Region and plans as expressed in its com- Federal Building, Ann Arbor, Michigan 48107. prehensive plans and other documents. Illinois, Indiana, Michigan, Minnesota, The Action Program consists of two Ohio, and Wisconsin. sections which are the Assessment and Mid-Continent Region the Action Plan. Denver Federal Center, P.O. Box 25387, Den- § 72.12 Assessment of needs, problems ver, Colorado 80225. and issues. Colorado, Iowa, Kansas, Missouri, Mon- tana, Nebraska, North Dakota, South The Action Program should begin Dakota, Utah, and Wyoming. with an Assessment describing the existing park and recreation system; Pacific Southwest Region issues and problems; goals and objec- 450 Golden Gate Avenue, San Francisco, Cali- tives. The Assessment should summa- fornia 94102. rize the entire system including: Oper- American Samoa, Arizona, California, Guam, Hawaii, and Nevada. ation and maintenance; employment and training; programs and services; Northwest Region rehabilitation of existing facilities; and Federal Building, 914 Second Avenue, Se- the need for new facilities. The Assess- attle, Washington 98174. ment should also describe how the park Idaho, Oregon and Washington. and recreation system relates to other

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public and private services. The Assess- new facility development, expansion ment consists of six parts which are as and/or closure of facilities and the ef- follows: fects of such activities. (a) Context. The context should pro- (c) Rehabilitation Issues. Summary in- vide: formation should be provided on the (1) A short description of the local ju- need for rehabilitation of facilities. risdiction including: population; econ- This should include: omy; geographical location; type of (1) Geographic areas needing reha- government; how the park department bilitation; fits into the government structure; (2) Types of sites and properties for how the planning for parks and recre- rehabilitation; ation is achieved; and the relationship (3) Importance of rehabilitation in to the community’s comprehensive specific geographic areas; and planning effort. (4) Value of rehabilitation over re- (2) A brief descriptive overview of the placement through new facility devel- park and recreation system which in- opment. cludes a discussion of: The populations (d) Service Issues. Summary informa- being served both within and outside of tion on existing services should outline the jurisdiction; the types of services activities and needs in the following being provided; the degree to which the areas: system is available and accessible to (1) The type, extent and intended the populations intended to be served; beneficiaries of recreation services; and projected changes in system use. (2) Special programs for the handi- (3) A discussion of the elements of capped, elderly, minorities and planning, financing, programming, op- mainstreaming programs for special eration and maintenance, acquisition populations; and development, and other factors common to park and recreation sys- (3) Relationship between and coordi- tems and other community services nation with public and significant non- and prospects for future coordination. public programs and private sector (4) A discussion of the approaches groups; and mechanisms used for citizen par- (4) Extent to which park and recre- ticipation. ation services relate to other commu- (b) Physical Issues. Summary infor- nity services including joint programs mation should be provided on existing with schools, social service organiza- facilities including: tions, historic preservation groups, li- (1) Types of facilities and the dis- braries, or community education facili- tribution of acreage and uses at dif- ties; ferent locations; (5) Coordination with Federal, State (2) Integration of park and recreation (SCORP), regional, county and other planning and facility use with other jurisdictional plans and activities hav- service agencies such as schools, trans- ing direct and indirect impacts on portation and housing; parks and recreation. (3) Special facilities for the handi- (e) Management Issues. Management capped or elderly as well as facilities issues deal with operation of the park which work to mainstream special pop- and recreation system. Information ulations; should summarize the needs and issues (4) Heavily used non-public or quasi- of: public facilities; (1) Process for developing procedures (5) Facilities of historical and archi- and policies; tectural significance which provide (2) Staffing levels including full-time, recreation and are managed by the seasonal and service personnel, and use park system; of volunteers; (6) Dependence upon nearby recre- (3) Use of contractual services for ation resources outside the local juris- recreation programming; dictions, including public and private (4) Equipment maintenance and re- resources; placement policies; and (7) Deficiencies and existing facilities (5) Budgeting process, funding cycles and the needs of the community for and budgets for the past three years

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and methods of budgeting (such as zero provides a rationale for priorities re- based or performance budgeting). flected in implementation schedules. (f) Conclusions, Implications and Strategies should be devised which ad- Issues. This section should state major dress the following national concerns: conclusions of the discussions in pre- (1) Ways in which park and recre- vious sections, summarize the major ation plans contribute to, and will be problems and highlight the implica- interrelated with, the local govern- tions for actions needed to address the ment’s community development and problems which have been outlined in urban revitalization efforts; the issues sections. (2) The degree to which park and recreation plans serve citizens who re- § 72.13 Action plan. side in economically-distressed areas of The purpose of the Assessment is to the community and will improve ac- provide background and justification cess to park and recreation facilities for an Action Plan. The Action Plan, and programs for minority groups, low- which is the essential core of the Ac- and moderate-income populations, and tion Program, must be a clear state- the handicapped; ment of the community’s specific ob- (3) The extent to which the Action jectives, priorities and implementation Program and its plan component will strategies in relation to the intent of relate employment opportunities for the Urban Park and Recreation Recov- minorities, youth and low- and mod- ery Program and the local govern- erate-income residents; ment’s overall recreation system goals. (4) How the plan seeks to obtain the The Action Plan should be carefully widest range of beneficial uses of the tailored to the comprehensive commu- natural environment and enhances and nity goals and directly responsive to protects the natural environment; the needs and problems identified in (5) How park and recreation re- § 72.12. Citizen involvement in the de- sources will be targeted in neighbor- velopment of the Action Plan is re- hoods where other neighborhood revi- quired and may include surveys, hear- talization efforts are occurring; ings, meetings, and/or consultation as (6) How the plan seeks to restore out- appropriate. This involvement is essen- standing or unique structures, land- tial in the development of goals, objec- scapes, or similar features in parks of tives and the setting of project prior- historical or architectural significance; ities. (7) Local commitments to innovative (a) Goals for the System. This section and cost-effective programs and should set forth the overall goals and projects on the neighborhood level specific objectives for the system. which augment recovery of park and Goals will clearly relate to the needs recreation systems; and issues identified in the Assessment (8) How the plan will be intergrated and must be projected for at least the with other Federally assisted projects five-year life of the Action Program. to maximize recreation opportunities; The goals should be consistent with (9) How the plan will convert for and, where appropriate, included in the recreation use, derelict and other pub- general planning goals of the local gov- lic lands not designated for recreation; ernment. Where local governments and have developed, adopted and are uti- (10) Inducements to encourage the lizing an overall park and recreation private sector to provide neighborhood plan, the goals of that plan may be ap- park and recreation facilities and pro- propriate for this requirement. Goals grams. should be the basis for priorities, (11) How the plan will seek to pre- schedules and implementation strate- serve, restore and develop waterfront gies stated in the plan. areas for recreation and open space. (b) Strategies to Address National and If any of the above concerns are not of Local Concerns. This section should in- significance within a locality preparing clude a description of local strategies the Recovery Action Program due to for recreation system recovery. A lack of the physical attributes de- ‘‘strategy’’ defines the total approach scribed in the above eleven (11) items, to remedying system deficiencies and the Action Plan should indicate why

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such strategies are not appropriate. grams must be readily available to the Most communities will also have their public to insure adequate opportunities own special concerns and should de- for citizen review and comment. velop strategies to address them. These should accompany the strategies dis- § 72.14 [Reserved] cussed above and provide a focus for specific recommendations. § 72.15 Preliminary Action Program. (c) Recommendations. Recommenda- During an initial interim period, the tions for improvement of the park and Action Program requirements, as de- recreation system should be discussed. scribed in §§ 72.11, 72.12 and 72.13 may be Each recommendation or group of rec- satisfied by local governments’ submis- ommendations should be accompanied sion of a Preliminary Action Program. by a discussion of the techniques the The initial interim period shall end on local government will use to imple- January 1, 1981. Communities are re- ment the recommendations. Reference quired to submit four (4) copies of the should be made to how the rec- Preliminary Action Program. ommendations relate to deficiencies, needs, and opportunities identified in (Sec. 1007(a) and (b) of Title X National previous sections of the Action Pro- Parks and Recreation Act of 1978, Pub. L. 95– 625, (16 U.S.C. 2506); sec. 2 of Reorganization gram. A brief physical development Plan No. 3 of 1950 (34 Stat. 1262)) plan for the entire park and recreation system should be included. This can be [45 FR 54335, Aug. 15, 1980. Redesignated at 46 accomplished with a map which indi- FR 34329, July 1, 1981, and correctly redesig- cates where existing facilities and ac- nated at 46 FR 43045, Aug. 26, 1981] tivities occur as well as where future § 72.16 Preliminary Action Program re- developments are to occur. Particular quirements. reference shall be made to populations served and indicated deficiencies. The following information must be (d) Program Priorities and Implementa- submitted: tion Schedule. A statement of system (a) Evidence of physical deficiencies. A priorities and a schedule for implemen- general description of the problems tation shall be included. These prior- confronted by the local government in ities, together with justifying objec- bringing its facilities up to an adequate tives and strategies for implementa- level of quality, the basis for the deter- tion shall be presented. Priorities pre- mination that certain facilities are de- sented will be an important factor in ficient, and the general level of defi- the evaluation and approval of requests cient facilities found within the juris- for UPARR funding. Active and contin- dictions. Maps and other graphics ued citizen participation is necessary should be used to indicate where the throughout the process. Specific deficiencies are located, particularly in projects to be undertaken and the pro- reference to the populations to be grams to be improved, expanded, intro- served. duced, or eliminated through rehabili- (b) Level of resource support. A sum- tation, physical, service, management, mary of the public funds, including and coordination actions should be dis- State and Federal, being spent by the cussed. A clear assignment of agency jurisdiction on parks and recreation. A responsibility and an estimate of the generalized description of the level of costs of implementation should accom- non-governmental support (neighbor- pany these priorities. hood, voluntary and business) shall (e) Evaluation and Updating of Action also be given. Program. This section should outline a (c) Adoption of goals. The existing specific program for annual moni- park and recreation goals adopted by toring, evaluating, and updating of the the governing body of the jurisdiction complete Action Program, including are to be included. Emphasis should be both improvements needed in the As- placed on what the local government is sessment and the Action Plan. Citizen seeking to achieve in its parks and involvement is essential in the evalua- recreation systems, including the popu- tion and monitoring of the Action Pro- lation it is attempting to serve, the fa- gram. Copies of approved Action Pro- cilities and services offered, and the

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providers (public agency or private sec- §§ 72.18–72.29 [Reserved] tor). (d) Statement of priorities and imple- Subpart C—Grants for Recovery mentation strategies. Description of the Action Program Development, priorities set by the local government as related to the deficiencies outlined Rehabilitation and Innovation above, and the strategies used to allocate available resources over time. In- SOURCE: 45 FR 71719, Oct. 29, 1980, unless cluded should be a brief discussion of otherwise noted. Redesignated at 46 FR 34329, July 1, 1981, and correctly redesignated at 46 the relationship of the Preliminary Ac- FR 43045, Aug. 26, 1981. tion Program to other related community development, historic preserva- § 72.30 General requirements. tion and urban revitalization efforts Applicants must have an approved underway in the jurisdiction. Recovery Action Program on file with (e) Evidence of public participation. A the appropriate NPS Regional Office description of the means by which citi- prior to applying for Rehabilitation or zens and public officials will be in- Innovation grants. Rehabilitation and cluded early in the decision process for Innovation proposals must be based on project selection, the setting of prior- priorities identified in the applicant ju- ities and schedules, and the develop- risdiction’s Recovery Action Program. ment of implementation strategies. Ex- Once NPS has indicated that a Reha- isting public participation efforts with- bilitation or Innovation proposal is in the jurisdiction should be used. fundable, the applicant must meet all documentation requirements imposed § 72.17 Preliminary Action Program— commitments to be included. by OMB Circulars A–102, A–95 and FMC 74–4. Regional offices of NPS will pro- Local governments may submit a vide technical assistance to grantees in Preliminary Action Program during complying with these requirements. the initial interim period in lieu of a full Action Program. The Preliminary § 72.31 [Reserved] Action Program must include a firm commitment by the local government § 72.32 Funding and matching share. to complete and adopt a full Action (a) Recovery Action Program Grant Program by October 1, 1980. This com- Matching. Up to 50 percent matching mitment must include a schedule for grants are authorized for the prepara- the development of the full Recovery tion of Recovery Action Programs Action Program. The schedule should (RAP). State, local and private in-kind outline the activities which will be un- donations of assistance (salaries, sup- dertaken, the anticipated time frame plies, printing, etc.) for the preparation for the development and completion of of a RAP may be used as all or part of these activities, and the resources of the 50 percent local match. Such in- people, money and support services kind contributions for the UPARR Pro- necessary for the development and gram may not be used as the matching completion of the Recovery Action share for other federally-assisted pro- Program. Notwithstanding the fore- grams. In addition, Section 1009 of the going provisions concerning the use of Act provides that reasonable local the Preliminary Action Program, local costs of Recovery Action Program de- governments are encouraged to pre- velopment may be used as part of a pare, adopt and submit as soon as pos- local match for Innovation or Rehabili- sible a full Action Program which com- tation grants only when the applicant plies with the provisions of §§ 72.11, has not received a Recovery Action 72.12, and 72.13. Local governments Program grant. Reasonable costs which have already made a commit- means costs for supplies, salaries, etc., ment to park and recreation systems which are not excessive in relation to by establishing ongoing planning, reha- the normal market value within a geo- bilitation, service, operation and main- graphic area. These costs must be well tenance programs may use these as a documented and included in the starting point for meeting Action Pro- preapplication for the proposal in gram requirements. which they are to be used as a match.

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The match can only be used once, and may not be used as the matching share allowed only after the RAP Has been for other Federally-assisted programs. approved by the respective NPS Re- (ii) Services. Any type of service or as- gional Office. sistance which relates directly to a (b) Rehabilitation and Innovation grant grant and the provision of a recreation matching. The program provides for a 70 opportunity, can be used as a matching percent Federal match for rehabili- share; e.g., technical and planning tating existing recreation facilities and services, construction labor, play- areas. Seventy percent matching funds ground supervision or management are also authorized to local govern- services. ments for innovation grants which will address systemwide coordination, man- § 72.33 Timing and duration of agement and community resource projects. problems through innovative and cost- effective approaches. (a) Construction components of (c) Sources of Matching Share—(1) projects must be initiated during the State Incentive. As an incentive for first full construction season following State involvement in the recovery or grant approval. The time for com- urban recreation systems, the Federal pleting construction components of ei- government will match, dollar for dol- ther Rehabilitation or Innovation pro- lar, State contributions to the local posals will be limited to three years or share of an Innovation or Rehabilita- three construction seasons, whichever tion grant; up to 15 percent of the ap- is greater, unless in the opinion of the proved grant. The Federal share will Director an extension of time not to not exceed 85 percent of the approved exceed a designated period will assure grant. The Director shall also encour- that completion of the grant objectives age States and private interests to con- will be cost-effective within funding tribute to the non-Federal share of currently available, in accord with es- project costs. State and local govern- tablished goals of the UPARR Pro- ment shares may be derived from any gram, and of benefit to the federal gov- State or local government source of ernment. Any component of an Innova- revenue. tion proposal which is to provide serv- (2) Cash. State, local and private ices or programs, must be started with- funds may be used as the non-Federal in one year from grant approval. The share of project costs. In addition, two grant project term and expiration date types of Federal funds may be used as part of a local match: General Revenue for Rehabilitation and Innovation pro- Sharing (Treasury Department) and posals will be established by NPS at Community Development Block Grant the time of grant approval. (CDBG) program funds (Department of (b) When an applicant wishes to com- Housing and Urban Development) [See plete a project in a number of stages, also § 72.56(b)]. Section 1009 of the the applicant may request UPARR as- UPARR Act prohibits use of any other sistance for all the stages in a single type of Federal grant to match UPARR application or proposal. In such cases, grants. the three year limit on construction (3) Non-Cash—(i) Material goods. NPS still applies. If an applicant wishes to encourages in-kind contributions in- request funding for only a single stage cluding real property, buildings or at time, each stage must be structured building materials, and equipment to in such a manner that it will increase applicants by the State, other public the recreation utility of the property, agencies, private organizations or indi- or provide direct recreation opportuni- viduals. The value of the contributions ties, independent of subsequent stages. may be used as all or part of the Funding of one stage of a multi-staged matching share of project costs, but proposal in no way implies that subse- must be appraised and approved by the quent stages will also be funded. Service prior to grant approval. Details regarding these types of donations are covered in OMB Circular A–102. In-kind contributions for the UPARR Program

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(c) Supplemental grants to existing converted property will be replaced innovation grants may be approved by once the lease expires. the Director. (c) UPARR Program funds may be used to rehabilitate facilities built or [45 FR 71719, Oct. 29, 1980. Redesignated at 46 develop with LWCF assistance only FR 34329, July 1, 1981, and correctly redesig- after a determination is made by NPS nated at 46 FR 43045, Aug. 26, 1981, and amended at 47 FR 15137, Apr. 8, 1982; 48 FR that the facility has been maintained 3971, Jan. 28, 1983] in accordance with the LWCF Program. (d) Applicants must certify that any §§ 72.34–72.35 [Reserved] property acquired after January 2, 1971, and to be improved or enhanced by § 72.36 Land ownership, control and UPARR assistance, was acquired in conversion. conformance with Pub. L. 91–646, the Section 1010 of the Act provides that Uniform Relocation and Land Acquisi- no property improved or developed tion Policies Act (See 41 CFR parts 114– with assistance through the program 50). shall, without the approval of the Di- § 72.37 Pass-through funding. rector, be converted to other than public recreation use. Therefore, any ap- Section 1006(a)(1) of the Act states plicant or sub-grantee must dem- that at the discretion of the applicant onstrate, at the time of grant approval, jurisdiction, and if consistent with an that it has adequate tenure and control approved application, Rehabilitation and Innovation grants may be trans- of the land or facilities for which ferred in whole or in part to inde- UPARR assistance is proposed, either pendent special purpose local govern- through outright ownership or lease. ments, private non-profit agencies (in- (a) Lands or facilities that are not cluding incorporated community or under adequate tenure or control will neighborhood groups) or city, county, not be considered for UPARR assist- or regional park authorities, provided ance. If the land is not owned by the that assisted recreation areas owned or applicant or sub-grantee, then a non- managed by them offer recreation op- revocable lease of at least 25 years, or portunities to the general public with- a non-revocable lease providing ample in the boundaries of the applicant’s ju- time to amortize the total costs of the risdiction. No UPARR funds may be proposed activity, must be in effect at passed through for Recovery Action the time of grant approval. The lease Program grants. The decision on cannot be revocable at will be the les- whether or not to pass money through sor. The costs of acquisition or leasing to non-profit organizations or govern- of land or facilities are not eligible for mental units is made by the applicant assistance under the provisions of the jurisdiction which is responsible for Act, section 1014. the grant; not NPS. Organizations, (b) The conversion or replacement of agencies or governmental units seek- properties assisted through UPARR to ing funding assistance on a pass- non-recreation use must be in accord through basis must work with an appli- with the current local Recovery Action cant jurisdiction in the preparation of Program, and approved by the Direc- the UPARR application, and the appli- tor. Requests for permission to convert cant jurisdiction will be responsible for UPARR-assisted properties must be the submission of the application. The submitted to the Director in writing. applicant jurisdiction has full responsi- The replacement property must assure bility and liability for funds passed the provision of adequate recreation through to subgrantees. In the event of properties and opportunities of reason- default by the pass-through recipient, able equivalent location and recreation the applicant jurisdiction must assume usefulness. For leased property which responsibility for ensuring that all pro- is developed or improved with UPARR visions of the grant agreement are car- funds, the grantee, as a condition of ried out, including the continued deliv- the receipt of these funds, must specify ery of recreation services resulting in a manner agreed to by the Director, from the grant. The pass-through of in advance of the conversion, how the funds may constitute the entire grant

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proposal submitted by an applicant ju- erty which it owns or operates is acces- risdiction, or may be only a portion of sible to residents of targeted distressed it. areas. (a) Applicant responsibilities. The ap- (vi) Demonstrate adequate tenure plicant jurisdiction possesses full re- and control of the property to be reha- sponsibility and liability for funds bilitated or used for innovation, passed-through to subgrantees. It through lease or ownership. should take precautions to ensure that (vii) Establish a contractual agree- pass-through agencies can reasonably ment with the applicant juisdiction be expected to comply with grant re- which is binding and enforceable to as- quirements. sure that the applicant jurisdiction can (1) Application requirements. The ap- adequately meet its contractual obli- plicant jurisdiction is responsible for gations under the grant. actual preparation and submission of (viii) Be empowered to contract or both the pre- and final grant applica- otherwise conduct the activities to be tions. Organizations, agencies or gov- supported as a result of the grant. ernmental units seeking funding assist- (ix) Not discriminate on the basis of ance on a pass-through basis must residence except in reasonable fee dif- work with the applicant jurisdiction. ferentials. The applicant jurisdiction may request (x) Be generally recognized as a pro- any or all of the necessary documenta- vider of service to urban residents. tion from the subgrantee. It is essen- (xi) Have adequate financial re- tial that applicants take precautions sources, the necessary experience, or- to pass-through grants only to reliable ganization, technical qualifications and capable agencies or organizations and facilities; or a firm commitment, that can reasonably be expected to arrangement, or ability to obtain such. comply with grant and project require- (xii) Have an adequate financial man- ments. agement system which provides effi- (2) Recommended pass-through recipient cient and effective accountability and standards. Because the grantee has full control of all property, funds, and as- responsibility for the pass-through sets sufficient to meet grantee needs grant, the grantee should ensure that and grantee audit requirements. subgrantees meet the following min- (xiii) Private non-profit agencies or imum standards. corporations should also be properly (i) Demonstrate a history of pro- incorporated as a non-profit organiza- viding recreation services to the dis- tion with an elected and autonomous tressed community. The history of pro- board which meets regularly. viding recreation services must be (b) Pass-through property and fee limi- commensurate with the amount of tations. Rehabilitation or Innovation UPARR assistance requested. A pass- assistance on property not in public through subgrantee may be a non-prof- ownership, operated by a private non- it or neighborhood organization which profit organization through a pass- has provided other social services to through grant, will be limited to that the community, or a newly formed, but portion of the property which directly reliable and capable group which can provides recreation services. Such reasonably be expected to comply with recreation services must be available grant and project requirements. to the public on a non-membership, (ii) Take responsibility for the same non-fee, or reasonable fee basis, and application, administration and com- during reasonable prime time. If a fee pliance responsibilities as that of the is charged or is required for the serv- applicant jurisdiction. ices resulting through the Rehabilita- (iii) Certify that property improved tion or Innovation grant, the fee or developed with UPARR funds will should be comparable to prevailing remain dedicated to public recreation local rates for similar services. Charges use. for recreation services will only be per- (iv) Work through and with the appli- mitted if they do not unfairly jeop- cant jurisdiction. ardize participation in the recreation (v) Demonstrate that the existing, or service by the disadvantaged popu- soon to be developed, recreation prop- lation.

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§§ 72.38–72.39 [Reserved] cluded in the proposal, if any, and methods of financing them. § 72.40 Historic properties. (3) The expansion must increase the Properties listed in or determined el- extent, volume, scope, or quality of igible for listing in the National Reg- recreation opportunities to residents of ister of Historic Places must be treated distressed neighborhoods. in accordance with the Advisory Coun- (b) New development. For purposes of cil on Historic Preservation procedures this program, new development is de- described in 36 CFR 800, ‘‘Protection of fined as the developing for changing of Historic and Cultural Properties.’’ Ap- relatively unimproved property which plicants must identify such properties has not previously been developed for in the preapplication if they are situ- recreation. This includes the creation ated at a UPARR grant site. of new parks and facilities. (1) Rehabilitation. New development § 72.41 Demolition and replacement of will not be assisted under a rehabilita- existing recreation properties. tion grant. (2) Innovation. New development may Demolition will only be supported be allowed under an Innovation grant when rehabilitation is not feasible or when it is directly related to a specific prudent. In the case of demolition, the innovative idea or technique, increases demolition costs should not exceed 75% the utility of a property and/or service of the proposed cost for replacement. program, and increases recreation op- The applicant must present a cost portunities for users in the target area. analysis (well documented case) for demolition and replacement versus re- § 72.43 Fundable elements: Recovery habilitation. When assistance for dem- Action Program grants. olition is requested, the applicant must Reasonable and documented costs also indicate how the replacement will necessary for preparing a Recovery Ac- increase the site’s recreation utility, tion Program may be reimbursed by and how the useable life of the prop- UPARR funds from a 50 percent match- erty will be increased. ing grant. These costs may include expenses for professional services; local § 72.42 Expansion and new development. public meetings; data collection and analysis; preparation, editing and (a) Expansion. Because the UPARR printing of appropriate reports, plans, Program is targeted to distressed maps, charts and other documents areas, every assurance should be made forming a part of the plan; and sup- that if any expansion takes place, ex- porting costs, supplies and other ap- isting recreation facilities are up to proved costs. Costs incurred prior to building standards and the following the approval of a Recovery Action Pro- general requirements are met. gram grant will not be eligible for re- (1) The general category of sites/fa- imbursement or cost sharing. cilities or programs involved must be an identified priority in the jurisdic- § 72.44 Fundable elements: Rehabilita- tion’s Recovery Action Program. tion and Innovation grant common (2) The results of the expansion must elements. not substantially increase the per- (a) All Rehabilitation and Innovation sonnel or maintenance costs of the ap- proposals must be based on priorities plicant jurisdiction’s overall recreation identified in the applicant jurisdic- system unless expansion of the system tion’s local Recovery Action Program. has been addressed as a priority in the An applicant may apply for UPARR as- jurisdiction’s Recovery Action Pro- sistance only in an amount which, to- gram, and the RAP strategies speci- gether with other available public and fying how the funds for increased per- private resources, is adequate to com- sonnel or maintenance costs associated plete the work approved by the grant with the expansion will be obtained. agreement. The applicant must docu- The preapplication narrative must de- ment the availability and source of scribe the extent of increased personnel these resources at the time of and maintenance for the project(s) in- preapplication for UPARR assistance.

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Fundable elements in both Rehabilita- eral specific sites or areas, or a single tion and Innovation proposals may in- site or area. Innovation proposals clude: materials and labor, site plan- which affect multiple facilities or serv- ning, architectural and engineering ices must be oriented to a single pur- fees, and other costs for activities nec- pose, or one basic innovative category essary to complete the approved or approach. project. Reasonable architectural and (4) Support facilities. The rehabilita- engineering fees essential to the prepa- tion of support facilities for any grant ration of a proposal application, in- project will be eligible for funding only curred within a period 9 months prior when such facilities are well defined, to preapplication submission to NPS, are included as part of an overall reha- are reimbursable. Architectural and bilitation effort, and provide direct engineering fees prior to the 9 month recreation opportunities and benefits period will not be eligible for reim- to the population being served. Reha- bursement or cost sharing. Other costs bilitation grants may cover costs of re- incurred prior to approval of any modeling, expanding or developing (see UPARR grant, and fees to consultants § 72.42) existing outdoor or indoor recre- for preparation of UPARR grant appli- ation areas and facilities, including im- cations are not reimbursable. No more provements in park landscapes and than 5 percent of the total grant cost buildings. Assistance for the rehabili- may be used by the grantee or pass- tation of multi-service facilities must through sub-grantee for grant adminis- be prorated to those elements within trative costs. The remaining funds the proposal necessary for the provi- must be made available for projects. sion of recreation opportunities. Any costs incurred for travel outside (5) Elements excluded from funding. the local applicant jurisdiction will not The Act excludes UPARR assistance be reimbursable without prior approval for major sport arenas, exhibition from NPS. areas and conference halls used pri- (1) Local intent. Rehabilitation and marily for commercial sports, spec- Innovation proposals which provide tator, or display activities; routine recreation to residents within a dis- maintenance and upkeep supplies or tressed local neighborhood area will be activities; and for the acquisition of given higher priority. Proposals which land or interests in land. have a primary intent to attract or to provide recreation for visitors from § 72.45 Fundable elements: Innovation outside the applicant jurisdiction, or grants. proposals whose primary objective is (a) Innovation grants may cover the enhancement of the area’s economy costs related to improved delivery of through the attraction of visitors to recreation services (including per- the jurisdiction, will not be considered. sonnel, training, facilities, recreation Innovation proposals which transport equipment and supplies), except those residents from distressed neighbor- which pertain to routine operation and hoods to recreation opportunities out- maintenance not directly related to side the local jurisdiction, may be con- the provision of recreation opportuni- sidered eligible for funding. ties. All equipment and supply requests (2) Conservation and energy. Proposals in Innovation proposals will be re- which foster the conservation of energy viewed to assure that they will sub- and natural resources are encouraged; stantially contribute to the recreation e.g. improvements in accessibility services intended under the specific which reduce the need of automobile grant. The intent of Innovation grants transportation, efficient use of elec- is to test new ideas, concepts and ap- trical or other power sources, and proaches aimed at improving facility water conservation. design, operations or programming in (3) Multiple site requests. Rehabilita- the delivery of neighborhood recre- tion and Innovation proposals may re- ation services. They should also con- quest funding for neighborhood-ori- tribute to a systems approach to recre- ented recreation facilities or services ation by linking recreation services which affect the entire recreation sys- with other critical community pro- tem of the applicant jurisdiction, sev- grams; such as transportation, housing,

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and health programs. The UPARR Pro- (2) Adaptive reuse. In addition to program will competitively choose the viding services for areas or facilities best quality Innovation proposals with already in recreation use, Innovation nationwide demonstration potential, grants may provide funding for the and which serve people who most need adaptive reuse of areas or facilities not the new recreation services. An innova- currently in recreation use, or those tive community recreation project where mixed community use occurs. may be a service, a process, an organi- Physical rehabilitation of facilities not zational arrangement or a technique. currently in recreation use (whether The innovation should demonstrate a public or private) may be funded as concept that is untried, unique, and/or part of an Innovation proposal, and advances the state of the art for recre- would be classified as adaptive reuse. ation. Ideas from successful Innovation An example would be conversion of an proposals will be disseminated nation- abandoned building to a unique com- wide through annual progress reports munity recreation center. When only a to Congress, as required in section portion of the area or facility will be 1015(b) of the Act, and through the on- used for recreation, only that portion going technical assistance efforts of will be eligible for UPARR funding. NPS. Information seminars, workshops (3) Supplies. Funds may be used to and other techniques may also be used purchase expendable supplies and to provide the greatest possible expo- equipment which relate directly to an Innovation proposal, such as sports sure of these ideas for use in other equipment, arts and crafts supplies, communities. Because the legislation chairs and tables if needed for an activ- limits the yearly funds available for ity, and essential emergency or safety Innovation grants (not more than 10% equipment. General office supplies and of funds authorized), the majority of furniture not used exclusively to pro- Innovation grants should ideally be vide recreation services as a part of the monetarily smaller awards aimed at proposal, or not an inherent component leveraging public and private commu- of the proposal, will not be reimburs- nity support and providing activities able. with high demonstration value, rather (4) Coordination. Local costs incurred than large-scale development or expan- for coordinating any grant proposal ac- sion projects. The long-range intent of tivities and programs with other pub- funding innovative proposals is to sup- lic, non-profit or private community port and demonstrate a great variety services may be reimbursable. of ideas during the five year implemen- (5) Personnel. Eligible personnel costs tation of the UPARR Program. For for Innovation proposals will be lim- this reason, only one or two proposals ited to salaries and benefits of those having a similar emphasis or approach employees directly engaged in the pro- will be funded. Proposed Innovation vision of recreation services or formu- projects which have been demonstrated lation of new techniques. Volunteer before or are currently being operated services may be furnished by profes- in other cities, may be considered for sional and technical personnel, con- UPARR assistance if the application sultants, and other skilled and un- identifies and addresses the question of skilled labor. Each hour of committed the special nature or circumstances volunteer service may be counted to- surrounding the new project. ward the local matching share of funds, (1) Program services. Innovation grant if the service provided is an integral costs may include those costs which re- part of an approved proposal. late to: demonstrations of the im- (6) Special populations. A proposal proved multiple-use of public buildings which will provide recreation opportu- e.g., schools, community centers, li- nities primarily for a specific demo- braries; unique program expansions or graphic group, such as the elderly, increases in services; purchase of recre- youth or handicapped, may be funded. ation services on a contractual basis; However, the recreation provided must increased access to recreation areas; be open to the public, incorporate some and cost-effective management tech- activities for the general population, niques. and address needs as identified in the

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local Recovery Action Program. Serv- (10) Communications and public ices for special populations, such as awareness of recreation opportunities, transportation to recreation facilities, including education in leisure services; may also be funded. but excluding research. (b) Basic types of Innovation proposals. Types of Innovation proposals which § 72.46 Citizen participation requirements. can be funded are suggested by, but not limited to, the following types: (a) Recovery Action Program Grants. (1) The unique integration of recre- Citizen participation is required for de- ation with other community services; veloping and implementing a Recovery such as transportation, public housing Action Program (§ 72, Subpart B), but is and public safety; either to expand or not required in the process of preparing update current services, or to link pro- a local Recovery Action Program grant grams within the social service struc- application. ture of a neighborhood, or between (b) Rehabilitation and Innovation neighborhoods. grant. The applicant shall provide citi- (2) New management and cost-saving zens with an adequate opportunity to or service-efficient approaches for im- participate in the development of a Re- proving the delivery of recreation serv- habilitation and/or Innovation proposal ices should be fundamental to all Inno- and in implementation, monitoring and vation and Rehabilitation proposals, evaluation of the activities supported and may also be the prime focus of an through the grants. The applicant shall Innovation proposal. Extending hours also encourage the submission of views of operation, increasing the variety of and proposals, particularly by resi- recreation programs, contracting with dents of blighted neighborhoods and commercial or private non-profit agen- citizens with low and moderate in- cies to supply specific recreation serv- comes. The applicant is encouraged to ices, or assisting citizens in designing utilize a variety of approaches to en- and operating their own programs, are sure public involvement. Nothing in examples of management approaches. these requirements, however, shall be construed to restrict the legal respon- (3) New approaches to facility design sibility and authority of the applicant which emphasize user needs and pref- for the execution of its Recovery Ac- erences and promote efficient oper- tion Program, and the development of ation and energy conservation. its UPARR applications. (4) New fiscal techniques to generate revenue for continuing operation and § 72.47 [Reserved] maintenance, such as tax credits. (5) Techniques for improving trans- § 72.48 Federal coordination. portation and access to recreation op- Applicants requesting UPARR assist- portunities. ance under one of the three grant cat- (6) Techniques to facilitate private, egories shall investigate the possibili- non-profit, and community involve- ties of administrative and/or funding ment in providing recreation opportu- coordination with other Federal pro- nities. grams. Higher priority is given to pro- (7) Improved use of land resources; posals which relate to a comprehensive such as utilizing abandoned railroads neighborhood revitalization strategy, and highway rights-of-way, water- including, but not limited to programs fronts, street spaces, or derelict land such as the Department of Housing and for recreation. Urban Development (HUD) Neighbor- (8) Adaptive reuse or multiple use of hood Self-Help program. public or private facilities and areas. (Private areas or facilities utilized § 72.49 [Reserved] must be opened to the public.) (9) Techniques to prevent or reduce Subpart D—Grant Selection, crime, abuse and vandalism; such as Approval and Administration better design, non-destructible building materials, or use of community SOURCE: 45 FR 71723, Oct. 29, 1980, unless volunteers to supervise areas. otherwise noted. Redesignated at 46 FR 34329,

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July 1, 1981; correctly redesignated at 46 FR (4) Improvement in the quality and 43045, Aug. 26, 1981. quantity of recreation services as a result of rehabilitation, including im- § 72.50 Grant selection criteria. provements at specific sites and overall (a) Recovery Action Program grant se- enhancement of the recreation system. lection criteria. The following criteria (5) Improvement of recreation service will be used in evaluating Recovery Ac- to minority and low to moderate in- tion Program grant applications and in come residents, special populations, deciding priorities for funding: and distressed neighborhoods. (1) Degree of need for funds to de- (6) Proposal’s consistency with local velop a Recovery Action Program and government objectives and priorities an ongoing planning process, including for overall community revitalization. the size and complexity of the commu- (7) Neighborhood employment oppor- nity’s problems, deficiencies in exist- tunities created. ing planning, and in the capability of (8) State participation in the pro- the community to initiate and sustain posal, including financial and technical continuing planning efforts. assistance. (2) Degree of the community’s com- (9) Private participation by both the mitment to systematic planning, in- non-profit and for-profit sectors in the cluding financial, personnel and time proposal, including contributions of fi- resources already devoted to planning nancial assistance. or committed for the future. (10) Jurisdiction’s commitment to implementing its overall Recovery Ac- (3) Extent to which current park and tion Program. recreation planning is integrated with (c) Innovation Grant Selection Criteria. overall community planning or would The following criteria will be used to be better integrated as a result of the evaluate and rank Innovation pro- grant, including use of other Federal or posals: State funds for related planning pur- (1) Degree to which the proposal proposes. vides a new, unique or more effective (4) Appropriateness and efficiency of means of delivering a recreation serv- the planning program’s work elements ice that can serve as a model for other (scope, timing, methodology, staffing communities. and costs) in relation to the basic re- (2) Degree of citizen involvement in quirements for Recovery Action Pro- proposal conceptualization and imple- grams contained in subpart B, §§ 72.10 mentation. through 72.18 (45 FR 15456). (3) Degree to which the proposal may (b) Rehabilitation Grant Selection Cri- lead to a positive, systemic change in teria. The following criteria will be how park and recreation services are used to evaluate and rank Rehabilita- provided. Extent to which the proposal tion proposals: creates opportunities for new partner- (1) The Federal UPARR investment ships between the people affected, pri- per person served by the entire system; vate interests within the community, relationship between the size of the and public agencies (e.g., Mayor’s Of- community and the amount of grant fice, Recreation Department, Board of funds requested. Highest priority will Education, Planning Department, so- be given to proposals with lower per cial service agencies). capita costs in relation to recreation (4) Degree of commitment of commu- benefits provided. nity and proposal participants to con- (2) Providing neighborhood recre- tinue the long term program objec- ation needs. Higher priority will be tives, including commitments to con- given to proposals serving close-to- tinue funding after the requested Fed- home recreation needs, lower priority eral grant money is no longer avail- to those serving area or jurisdiction- able. Extent of private resources com- wide needs. mitted to providing funds or in-kind (3) Condition of existing recreation services for continuing operation and properties to be rehabilitated, includ- maintenance of projects. ing the urgency of rehabilitation and (5) Degree to which proposal man- the need to maintain existing services. agers use the Federal funds to leverage

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greater public or private investments with OMB Circular A–95 and Interior (in the form of services and materials, Department Manual part 511. If a juris- as well as dollars). diction wishes to compress the A–95 (6) Degree to which the proposal pro- timetable, it must receive approval of vides potential coordination with other the clearinghouse. Appropriate A–95 community, State and Federal pro- notifications must be submitted for all grams of community development and three types of UPARR grants at both those providing recreation to the tar- preapplication and full application get population (e.g., public and private stages. Standard Form 424 is to be used non-profit, education programs, CETA for these notices unless otherwise spec- for employment, HUD programs). ified by the clearinghouse. Comments (7) Extent of improvement in the from clearinghouses, if available, must quality and quantity of recreation be included with the preapplication. services as a result of the Innovation All A–95 comments will become part of project. the required application and proposal (8) Degree to which the proposal ties file which will be retained by NPS. A– in with goals, priorities and implemen- 95 requirements for Recovery Action tation strategies expressed in the local Programs and grants are discussed in park and recreation Recovery Action § 72.52. Program. (9) Degree to which the proposal § 72.52 Recovery Action Program grant leads to a transfer of a recreation role applications. traditionally performed by a public en- The application procedure for Recov- tity, to quasi-public or private non- ery Action Program grants differs from profit interests. This degree means the the procedure for Rehabilitation and degree to which the private sector can Innovation grants. Ranking and selec- take full responsibility, supplement, or tion for funding of Recovery Action fill the gaps in public recreation serv- Program grants will be initiated on the ices, management or operation; either basis of a full application, preparation through a transfer of funding responsi- of which will be assisted through meet- bility, or an exchange of technique or ings with NPS regional staff. method approaches which may prove to (a) Preapplication Conference. In the be more effective under the private sec- preparation of a Recovery Action Pro- tor. This should in no way alter the gram grant application, applicants are public sector responsibility to continue encouraged to discuss with NPS re- to provide and/or monitor good quality gional personnel, or State personnel, recreation facilities and services. when an agreement between NPS and (10) Degree to which a proposal bene- the State covers such action, the ade- fits disadvantaged community popu- quacy of the proposal in meeting the lations and/or those areas within a dis- requirements for a Recovery Action tressed community which have the Program. Prior to formal submission, greatest recreation deficiencies. the Recovery Action Program grant NOTE: Innovation proposals for the adapt- application should be reviewed with ive reuse of non-recreation areas or struc- the appropriate NPS Regional Office. tures, through rehabilitation for recreation (b) Submission of Applications. In addi- should also address rehabilitation selection criteria, particularly the criteria covering tion to Standard Form 424 on Federal Federal investment per person served and Assistance notification, applicants for the degree to which the proposal would serve Recovery Action Program grants shall close to home recreation needs. submit the following documents and required attachments to NPS Regional § 72.51 A–95 clearinghouse require- Offices: ments. (1) OMB Form 80–RO190, completed as Notice of intent to submit any appli- prescribed by OMB Circular A–102. (Ap- cation for UPARR funding must be for- plication for Federal assistance, for warded by the applicant, no later than non-construction programs). 60 days prior to submission of a grant (2) Grant agreement form. application, to the State clearinghouse (3) Narrative statements which will and appropriate metropolitan or be used in evaluating grant applica- areawide clearinghouses, in accordance tions in relationship to the selection

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criteria as defined in § 72.50(a), includ- or giving technical assistance, the ing: State may assist in submission of the (i) The need for the planning grant. preapplication to the appropriate NPS (ii) The jurisdiction’s existing or pro- Regional Office with the applicant’s posed commitments to developing a prior approval. The amount, source and full Recovery Action Program and an assurance of State assistance for a ongoing planning process. matching share must be specified in (iii) The relationship of the planning the preapplication. program to overall community plans (d) The following procedural guide- and programs. lines shall apply to submission and ap- (iv) Appropriateness of the proposed proval of Rehabilitation and Innova- planning program’s scope, timing and tion proposals. methodology in relation to UPARR (1) Preapplications shall be sub- planning requirements and the commu- mitted to the appropriate NPS Re- nity’s identified planning needs. gional Office by the chief executive of- (v) Dollars and work years to be de- ficer of the applicant jurisdiction. The voted to development of each element preapplication must include those in the proposed Recovery Action Pro- items as set forth in the Preapplication gram, including some indications of Handbook, available from any NPS Re- the qualifications of staff members gional Office. In addition to the nar- who will work on the program. rative on selection criteria, all (vi) If appropriate, a discussion of preapplications for Rehabilitation pro- work elements to be contracted out to posals must include a short description other government agencies, private stating; (i) the problem addressed by consultants or private non-profit agen- the proposal, including existing condi- cies, including the reasons for con- tions, (ii) the reason for the problem or tracting work elements instead of why the condition exists, and (iii) the doing the work within the commu- proposed solution to the problem and nity’s own planning agencies. what corrective measures will be used. (4) Applications for RAP grants need (2) An applicant may have no more a full 60 day A–95 clearinghouse review. than one Innovation and one Rehabili- Clearinghouse comments for RAP tation proposal under consideration in grants must then be submitted to NPS. any one funding cycle. Final RAP’s also must be submitted to (3) Any existing and/or proposed fees clearinghouses, in accordance with or charges for recreation opportunities OMB Circular A–95. or services provided through a UPARR grant, whether for public, private or § 72.53 Preapplication process for Re- non-profit activities, must be identi- habilitation and Innovation grants. fied in the preapplication. To reduce the amount of time and (4) Discretionary applicants must documentation needed for a full appli- submit a narrative statement, signed cation, and to foster the competitive by the chief executive of the applicant aspects of the UPARR program, a jurisdiction, which explains and quan- preapplication procedure is used. tifies the degree of physical and eco- (a) The preapplication must provide nomic distress in the community. Sta- information adequate to guide proposal tistics and discussion on distress shall selection. Grants will be awarded in ac- address, but need not be limited to, the cordance with the availability of funds. criteria used to select eligible jurisdic- Funding for an approved grant will not tions contained in Appendix A of this be increased from subsequent yearly part. A discretionary narrative state- appropriations. ment must be included in each (b) Applicants are encouraged to dis- preapplication. cuss their proposals with their NPS Re- (5) All submitted grant gional Office to determine basic preapplications will be reviewed by fundability and competitiveness prior NPS Regional Offices to assure that to submitting a preapplication. they meet all minimum legal and tech- (c) If a State is assisting the appli- nical standards before being certified cant in preapplication preparation, as eligible for competition. Proposals providing a source of matching share, not meeting minimum standards will

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be returned to the applicant. Periodi- § 72.54 Rehabilitation and Innovation cally, all certified proposals will be grants—full application process. evaluated in the Regional Offices be- Once a Rehabilitation or Innovation fore being submitted to Washington, proposal has received a tentative grant where they will be judged by national offer, applicants will be responsible for panels whose member are knowledge- compliance with all applicable Federal able in recreation and urban revitaliza- laws and regulations listed in OMB Cir- tion. Innovation and Rehabilitation cular A–102, including those specific proposals will be judged by separate Acts and Executive Orders listed in panels. § 72.56 of these regulations. The appli- (6) Following review and ranking by cant must also complete all docu- the panels, the Director will approve mentation and other requirements tentative grant offers for those pro- specified by OMB circulars A–102, and posals which may be funded. Successful A–95 within 120 days. Regional Offices applicants will be notified by the NPS of NPS will provide technical assist- Regional Offices, and completion of the ance to grantees in complying with formal application process will take these requirements. A grant will not be place. The formal application process approved until the applicant is in com- must be completed within 120 days of pliance with the above requirements. notification of the tentative grant offer, or the tentative grant offer may § 72.55 [Reserved] be withdrawn. Final approval of a grant and obligation of funds will occur § 72.56 Grant program compliance re- when all application requirements have quirements. been met and the appropriate docu- (a) Once a proposal has received a ments are on file. No costs may be in- grant offer, applicants will be respon- curred or reimbursed, except incurred sible for compliance with all applicable architectural and engineering fees indi- Federal laws and regulations, includ- cated in § 72.44, until NPS approval of ing, but not limited to: the grant agreement. (7) Unfunded proposals may require Architectural Barriers Act of 1968 (P.L. 90– 480) modifications to improve their com- Clean Air Act and Federal Water Pollution petitiveness. Applicants with such pro- Control Act posals will be advised by NPS of sug- Copeland Anti-kickback Act gested modifications, if any, to in- Endangered Species Act of 1973 (Pub. L. 93– crease their chances for funding in fu- 205) ture grant rounds. Executive Order 11246, Equal Employment (8) If an applicant wishes a proposal Opportunity to remain in competition, it may be Executive Order 11593, Protection and En- hancement of the Cultural Environment considered for two additional funding Executive Order 11625, Arrangements for De- cycles, with or without minor modi- veloping and Coordinating a National Pro- fications, before it is returned to the gram for Minority Business Enterprise applicant. Major modifications of scope Executive Order 11988, Floodplains Manage- and/or total funding request will re- ment quire complete resubmission of a pro- Executive Order 11990, Protection of Wet- posal as a new preapplication. Appli- lands cants who wish to change the scope Executive Order 12088, Federal compliance with Pollution Control Standards and/or total funds requested for a pro- Executive Order 12185, Conservation of Pe- posal which is already in competition, troleum and Natural Gas must submit a written request for Flood Disaster Protection Act of 1973 (Pub. withdrawal of the previous proposal be- L. 93–234) fore submitting a new proposal in the Historical and Archeological Data Preserva- same competition. tion Act of 1974 (Pub. L. 93–291) 36 CFR 66 (9) The Director reserves the right to National Environmental Policy Act of 1969 withdraw a grant offer if it is deter- (Pub. L. 91–190) National Historic Preservation Act (Pub. L. mined that any preapplication contains 89–665) misstatements or misrepresentations Nondiscrimination section 109 of the Housing of fact, or problems identified which and Community Development Act of 1974 cannot be resolved. (42 USC 5301) as amended.

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Section 504 of the Rehabilitation Action Act sistance provided under UPARR, upon of 1973 the formal finding that the Grantee is Title VI of the Civil Rights Act of 1964, Exec- in violation of the terms of the grant utive Order 11764 or the provisions of these regulations. Title VIII of the Civil Rights Act of 1968 (42 USC 3601) as amended, Executive Order 11063 (27 FR 11527) § 72.61 [Reserved] Uniform Relocation Assistance & Land Ac- quisition Policies Act of 1970 (Pub. L. 91– § 72.62 Amendments to approved 646) grants. Changes which alter the scope of any (b) Applicants using General Revenue approved UPARR competitive grant Sharing or Community Development must be submitted to and approved by Block Grant monies as a matching NPS. Once a grant offer is made, based share must check with the responsible upon the preapplication, no increases Federal agencies, i.e. Treasury or HUD in the amount of UPARR funding spec- to determine if the Davis-Bacon Act is ified in the original proposal will be applicable. (HUD regulations 24 CFR considered. Such changes should be the part 570 [CDBG]. Treasury regulations basis of a new proposal or application. 31 CFR part 51, State and Local Fiscal Assistance Amendments of 1976 [P.L. § 72.63 Grant payments. 94–488], General Revenue Sharing program.) Questions concerning other The Director shall make payments to CDBG requirements should be ad- a grantee of all, or a portion of any dressed to the HUD Area Office serving grant award, either in advance or by the UPARR applicant jurisdiction. way of reimbursement. Advance payments on approved Rehabilitation or §§ 72.57–72.59 [Reserved] Innovation grants will be in an amount not to exceed 20% of the total grant § 72.60 Grant administrative proce- cost [section 1006(2) of the Act]. dures. (a) Admininstrative Requirements for § 72.64 [Reserved] Recipients of UPARR Assistance. For all grants under this Program, the admin- § 72.65 Other requirements. istrative requirements are the attach- (a) Requirements for Operation and ments listed in the Office of Manage- Maintenance. Grantees are required to ment and Budget (OMB) Circular A–102 keep all UPARR assisted properties in (as revised). reasonable repair to prevent undue de- (b) Accounts, Audit, Inspection. Ade- terioration, and to encourage public quate financial records must be main- use during reasonable hours and times tained by the applicant to support all of the year, according to the type of fa- expenditures or costs covered by a Re- cility and intended uses. covery Action Program, Rehabilitation (b) Non-discrimination. There shall be or Innovation project, as specified in no discrimination for UPARR assisted Federal Management Circular (FMC) programs or services on the basis of 74–4 and OMB Circular A–102. residence, except in reasonable fee dif- (c) Additional conditions. The Director ferentials. may, with respect to any grant, impose (c) Sunset Reports. In compliance with additional conditions prior to, or at the the sunset and reporting provision of time of grant approval, when in his or the Act, section 1015(b), an annual re- her judgement these conditions are port will be prepared on the achieve- necessary to assure or protect advance- ments of the Innovation grant pro- ment of the grant purposes, the inter- gram, with emphasis on the nationwide ests of public health or safety, or the implications of successful innovation conservation of grant funds. Extra re- projects. A final report on the overall quirements may be imposed on high- impact of the UPARR Program will be risk grantees who have records of de- prepared within 90 days of the expira- fault on prior Federal grants. tion of the authority. Additional (d) Remedies for Noncompliance. In ap- project information may be requested propriate circumstances, the Director from applicants to facilitate the prepa- may suspend or recoup the financial as- ration of such reports.

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Subpart E—Post-Completion portion of a site or facility or were Compliance Responsibilities only a small percentage of the funds required to renovate or rehabilitate a property. Nevertheless, all recipients of SOURCE: 51 FR 34186, Sept. 25, 1986, unless funds for renovation and rehabilitation otherwise noted. projects are obligated by the terms of § 72.70 Applicability. the grant agreement to continually maintain the site or facility for public These post-completion responsibil- recreation use regardless of the percent ities apply to each area or facility for of UPARR funds expended relative to which Urban Park and Recreation Re- the project and the facility as a whole. covery (UPARR) program assistance is This provision is contained in the obtained, regardless of the extent of UPARR Program Administration participation of the program in the as- Guideline (NPS–37) and is also ref- sisted area or facility. Responsibility erenced in § 72.36. In accordance with for compliance with these provisions section 1010 of the UPARR Act, no rests with the grant recipient. The re- property improved or developed with sponsibilities cited herein are applica- UPARR assistance shall, without the ble to the 1010 area depicted or other- approval of NPS, be converted to other wise described in the 1010 boundary than public recreation uses. A conver- map and/or as described in other sion will only be approved if it is found project documentation approved by the to be in accord with the current local Department of the Interior. In many park and recreation Recovery Action instances, this area exceeds that actu- Program and/or equivalent recreation ally receiving UPARR assistance so as plans and only upon such conditions as to assure the protection of a viable deemed necessary to assure the provi- recreation entity. For leased sites as- sion of adequate recreation properties sisted under UPARR, compliance with and opportunities of reasonably equiva- post-completion requirements of the lent location and usefulness. Section grant following lease expiration is dic- 1010 is designed to ensure that areas or tated by the terms of the project agree- facilities receiving UPARR grant as- ment. sistance are continually maintained in recreation use and available to the gen- § 72.71 Information collection. eral public. The information collection require- (b) Prerequisites for conversion ap- ments contained in § 72.72 have been approval. Requests for permission to con- proved by the Office of Management vert UPARR assisted properties in and Budget under 44 U.S.C. 3501 et seq. whole or in part to other than public and assigned clearance number 1024– recreation uses must be submitted by 0048. The information is being collected the recipient to the appropriate NPS to determine whether to approve a Regional Director in writing. NPS will grant recipient’s request to convert an only consider conversion requests if assisted site or facility to other than the following prerequisites have been public recreation uses. The information met: will be used to assure that the require- (1) All practical alternatives to the ments of section 1010 of the UPARR proposed conversion have been evalu- Act would be met should the proposed ated. conversion be implemented. Response (2) The proposed conversion and sub- is required in order to obtain the ben- stitution are in accord with the cur- efit of Department of the Interior ap- rent Recovery Action Program and/or proval. equivalent recreation plans. (3) The proposal assures the provision § 72.72 Conversion requirements. of adequate recreation properties and (a) Background and legal requirements. opportunities of reasonably equivalent The UPARR program has made funds usefulness and location. Dependent available for the renovation and reha- upon the situation and at the discre- bilitation of numerous urban parks and tion of NPS, the replacement property recreation facilities. In many cases, need not provide identical recreation the UPARR funds were used only in a experiences or be located at the same

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site, provided it is in a reasonably substitution constitute significant equivalent location. It must, however, changes to the original grant. be administered by the same political (c) Amendments for conversion. All jurisdiction as the converted property. conversions require amendments to the Equivalent usefulness and location will original grant agreement. Amendment be determined based on the following requests should be submitted concur- criteria: rently with conversion requests or at (i) Property to be converted must be such time as all details of the conver- evaluated in order to determine what sion have been worked out with NPS. recreation needs are being fulfilled by Section 1010 project boundary maps the facilities which exist and the types shall be submitted with the amend- of recreation resources and opportuni- ment request to identify the changes to ties available. The property being pro- the original area caused by the proposed for substitution must then be posed conversion and to establish a evaluated in a similar manner to deter- new project area pursuant to the sub- mine if it will meet recreation needs stitution. Once the conversion has been which are at least like in magnitude approved, replacement property should and impact to the user community as be immediately acquired. Exceptions the converted site. to this rule would occur only when it is (ii) Replacement property need not not possible for replacement property necessarily be directly adjacent to or to be identified prior to the request for close by the converted site. This policy the conversion. It will, however, be provides the administrative flexibility NPS policy to avoid such a situation if to determine location recognizing that at all possible and to agree only if war- the property should meet existing pub- ranted by exceptional circumstances. lic recreation needs. While generally In such cases, express commitment to this will involve the selection of a site satisfy section 1010 substitution re- serving the same community(ies) or quirements within a specified period, area as the converted site, there may normally not to exceed one year fol- be exceptions. For example, if property lowing conversion approval, must be being converted is in an area under- received from the local government going major demographic change and agency in the form of a grant amend- the area has no existing or anticipated ment. future need for recreation facilities, (d) Obsolete facilities. Recipients are then the project sponsor should seek to not required to continue operation of a locate the substitute area in another particular facility beyond its useful location within the jurisdiction. life. However, when a facility is de- (4) In the case of assisted sites which clared obsolete, the site must nonethe- are partially rather than wholly con- less be maintained in public recreation verted, the impact of the converted use following discontinuance of the as- portion on the remainder shall be con- sisted facility. Failure to so maintain sidered. If such a conversion is ap- is considered to be a conversion. Re- proved, the unconverted area must requests regarding changes from a main recreationally viable or be re- UPARR funded facility to another oth- placed as well. erwise eligible facility at the same site (5) The guidelines for environmental that significantly contravene the origi- evaluation have been satisfactorily nal plans for the area must be made in completed and considered by NPS dur- writing to the Regional Director. NPS ing its review of the proposed 1010 ac- approval must be obtained prior to the tion. In cases where the proposed con- occurrence of the change. NPS ap- version arises from another Federal ac- proval is not necessarily required, how- tion, final review of the proposal shall ever, for each and every facility use not occur until NPS is assured that all change. Rather, a project area should environmental review requirements re- be viewed in the context of overall use lated to that other action have been and should be monitored in this con- met. text. A change from UPARR-developed (6) State intergovernmental clearing- tennis courts to basketball courts, for house review procedures have been ad- example, would not require NPS ap- hered to if the proposed conversion and proval. A change from a swimming pool

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to a less intense area of limited devel- nonresidents and the period of avail- opment such as picnic facilities, or vice ability must be the same for both resi- versa, would, however, require NPS re- dents and nonresidents. Recipients are view and approval. To assure that facil- prohibited from providing residents the ity changes do not significantly con- option of purchasing annual or daily travene the original project agreement, permits while at the same time re- NPS shall be notified by the recipient stricting nonresidents to the purchase of all proposed changes in advance of of annual permits only. their occurrence. A primary NPS consideration in the review of requests for §§ 72.74–72.75 [Reserved] changes in use will be the consistency of the proposal with the Recovery Ac- APPENDIX A TO PART 72—CRITERIA FOR tion Program and/or equivalent recre- ELIGIBILITY ation plans. Changes to other than pub- Jurisdictions were considered for eligi- lic recreation use require NPS approval bility if they were functioning general pur- and the substitution of replacement pose local governments in one of three cat- land in accordance with section 1010 of egories: the UPARR Act and paragraphs (a) 1. Central cities of Standard Metropolitan through (c) of this section. Statistical Areas in either 1970 or 1976 (1970 data derived from U.S. Bureau of the Census, § 72.73 Residency requirements. Census of Population: 1970, 1976 data derived from U.S. Bureau of the Census, 1976 Revenue (a) Background. UPARR policy pro- Sharing Estimates File). hibits discrimination on the basis of 2. Cities and townships with Populations of residence (refer to § 72.65(b)) including 40,000 or more in either 1970 or 1976 (1970 data preferential reservation or membership derived from U.S. Bureau of the Census, Cen- systems on properties improved with sus of Population: 1970, 1976 data derived UPARR assistance. This prohibition from U.S. Bureau of the Census, 1976 Revenue applies to both regularly scheduled and Sharing Estimates File). special events. The general provisions 3. Counties with populations of 250,000 or regarding non-discrimination at sites more in either 1970 or 1976 (1970 data derived from U.S. Bureau of the Census, Census of assisted under Interior programs and, Population: 1970; 1976 data derived from 1976 thereby, all other recreation facilities Revenue Sharing Estimates File). managed by the recipient, are covered Indicators (variables) of distress and need in 43 CFR part 17 which implements were selected to determine eligibility for the the provisions of title VI of the Civil program and were chosen for timeliness, reli- Rights Act of 1964 for the Department. ability, and relevance to the Act. Certain (b) Policy. There shall be no discrimi- variables were not used due to duplication, nation for UPARR assisted programs others because they were not available for or services on the basis of residence, all jurisdictions, and some because they were unrelated to the purposes of the Act. (Sec- except in reasonable fee differentials. tion 1002 of the Act states that the Congress Post-completion compliance respon- finds that (a) the quality of life in urban sibilities of the recipient should con- areas is closely related to the availability of tinue to ensure that discrimination on fully functional park and recreation systems the basis of residency is not occurring. including land, facilities, and service pro- (c) Fees. For parks or recreation grams; (b) residents of cities need close-to- properties or programs funded with home recreational opportunities that are UPARR assistance, fees charged to adequate to specialized urban demands, with parks and facilities properly located, devel- nonresidents cannot exceed twice that oped, and well maintained; (c) the greatest charged to residents. Where there is no recreational deficiencies with respect to charge for residents but a fee is land, facilities, and programs are found in charged to nonresidents, the non- many large cities, especially at the neigh- resident fees cannot exceed fees borhood level; (d) inadequate financing of charged at comparable State or local urban recreation programs due to fiscal dif- public facilities having fee systems. ficulties in many large cities has led to the These fee provisions apply only to the deterioration of facilities, nonavailability of recreation services, and an inability to adapt approved 1010 areas applicable to the recreational programs to changing cir- recipient. Reservation, membership, or cumstances; and (e) there is no existing Fed- annual permit systems available to eral assistance program which fully address- residents must also be available to es the needs for physical rehabilitation and

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revitalization of these park and recreation Percent Unemployed, 1977 systems.) Percent unemployed, commonly termed The National Park Service asked the Bu- the unemployment rate is defined as the reau of the Census to assist in the analysis of number of people unemployed as a percent of national data in order to ensure that reli- the civilian labor force. The unemployment able, timely and applicable indicators of dis- data are the product of a Federal/State coop- tress were used in determining eligibility for erative program in which State Employment the program. NPS received comments from a Security agencies prepare labor force and un- number of interested individuals on what employment estimates using concepts, defi- they considered, in their best judgment, to nitions, and technical procedures established be the criteria that should be used in the by the Bureau of Labor Statistics. The Na- program. NPS also received numerous posi- tional Urban Recreation Study found that tion papers from national interest groups on recreation and leisure time opportunities are what they thought were suitable indicators most limited for the economically disadvan- for the program. NPS then began a nar- taged, including the unemployed. The 17 rowing process intended to select the most field studies of the National Urban Recreation appropriate criteria for eligibility in the pro- Study reveal that low-income neighborhoods gram. have less program diversity, little, if any, Listed below are the six variables selected commercial recreation opportunities, and for eligibility criteria: fewer year-round programs than higher income neighborhoods. Consideration of this Population Per Square Mile variable is consistent with the mandate of the Act which requires that criteria be con- This variable is commonly termed popu- sidered related to physical and economic dis- lation density, and it is defined as the num- tress. Therefore, this variable would tend to ber of persons per square mile of land. It pro- favor jurisdictions having high unemploy- vides an indication of the extent to which an ment rates. area is urbanized. Highly urbanized areas are most lacking in land set aside for recreation Percent of Households Without Automobiles and park facilities and are experiencing dif- Available, 1970 ficulty in maintaining existing facilities. Automobile availability, as defined by the Highly dense areas tend to have the greatest Bureau of the Census, represents the number need for assistance in revitalization of their of passenger automobiles, including station neighborhood park and recreation facilities. wagons, which are owned or regularly used Therefore, jurisdictions having high values by any member of the household and which for density would be favored by this variable, are ordinarily kept at home. Taxicabs, based on 1975 data of the U.S. Bureau of the pickups, or larger trucks were not counted. Census. Lack of automobile availability is closely related to lack of recreation opportunity. The Net Change in Per Capita Income 1969–75 Recreation Access Study (U.S. Department of Transportation, 1975) found that access to Per capita income is the estimated average a diversity of recreation opportunities is amount of total money income per person. It generally assured for those who have auto- is derived by dividing the total income of a mobiles and are willing to travel reasonable particular group by the total population in distances, but such opportunities are often that group. Comparison of change in per cap- severely limited for people without cars. In ita income between urban jurisdictions pro- addition, the 17 field studies of the National vides an indication of each jurisdiction’s eco- Urban Recreation Study concluded that most nomic growth. If the income of a city is recreation opportunities for those without growing more slowly than another city, the access to a personal auto is limited to imme- city with slower growth is in a relatively diate neighborhoods or place of residence. weaker economic position. As cited in the This variable is relevant to the Act in that ‘‘Report on the Fiscal Impact of the Eco- the transportation disadvantaged households nomic Stimulus Package on 48 Large Urban are the group that has the greatest need for Governments (1978),’’ income growth is a de- expanded opportunities to enjoy their close terminant of taxable wealth and level of eco- to home resources. nomic activity, and indicates a jurisdiction’s Therefore, jurisdictions having a high pro- capability to finance its own recreation and portion of households without automobiles other projects. This measure of financial ca- would be favored by this variable, based on pacity is related to the Act which stipulates 1970 data of the U.S. Bureau of the Census. that the Secretary of the Interior consider factors related to economic distress. There- Total Population Under 18 Years of Age, and 60 fore, jurisdictions with either negative or Years and Over, 1970 low relative growth in per capita income This variable identifies those persons most would be favored by this variable, based on likely to be the most frequent users of public 1976 data of the U.S. Bureau of the Census. park and recreation facilities. While many

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senior citizens have adequate incomes, they the six variables were expressed in common tend to be considerably less affluent and less or standard units. Second, for each jurisdic- mobile than the general population. Younger tion, the standardized values for the six vari- and older children also need public recre- ables were added to produce a score. Third, ation facilities, especially in highly urban- the scores were ranked from high values ized areas, where recreation facilities are (most eligible) to low values (least eligible). most lacking. This variable was selected to Fourth jurisdictions having scores above the favor areas with greater concentrations of median score for all jurisdictions were des- the dependent population where need for ignated ‘‘eligible.’’ recreation would be the greatest, and where rehabilitation of existing facilities the most County Eligibility pressing, in accordance with the Act. The variable was used in its absolute rate to give The Administration stated before the Sen- an indication of the size of the client popu- ate Subcommittee on Parks and Recreation lations in each jurisdiction, based on 1970 on June 27, 1978, that it would ensure fair data of the U.S. Bureau of the Census. consideration of urban counties for eligibility under the Urban Park and Recreation Percent Persons With Income Below 125 Percent Recovery Program. The Administration has Poverty Level, 1970 kept this commitment by subjecting urban In 1970, percent of population below pov- county data to the same eligibility standards erty level was calculated by the Bureau of as cities and including urban counties which the Census as the proportion of the total meet those standards on the eligibility list. population which reported income below the All urban counties with a population over poverty level. This variable is the most cur- 250,000 were considered under the same cri- rent available indicator of poverty status for teria (indicators of distress and need) as the the jurisdictions in question. To accommo- city counterparts. Counties within and date the needs of economically disadvan- SMSA not on the eligibility list may com- taged people whose incomes are somewhat pete for assistance as discretionary appli- above the poverty level, such as those em- cants. ployed part-time, or those in very low-paid The history of the Administration’s jobs, persons with incomes up to 125% of pov- UPARR proposal clearly indicates that this erty are included in this variable. The poor program is part of an overall national urban and near-poor have the greatest need for policy. Therefore, in accordance with the public recreation opportunities and services legislative mandate, project selection cri- in proximity to their homes. This variable is teria will require that county projects be also related to that part of the Act which justified in terms of direct service to identi- stipulates that the Secretary of the Interior fiable urban neighborhoods (residential consider ‘‘deficiencies in access to neighborhood recreation facilities, particularly for . . areas), and that there must be evidence of . low- and moderate-income residents,’’ and cooperation between a county and its major the extent to which park and recreation re- city. covery efforts would provide employment op- Discretionary Grants portunities for low- and moderate-income residents. Rehabilitation of parks is a rel- Section 1005(b) of the Bill states that at atively labor intensive activity having the the Secretary’s discretion, up to 15 percent potential for providing short-term jobs with of the program funds annually may be grant- low-skill requirements. Persons with poverty ed to local governments which do not meet level incomes tend to lack skills and jobs. eligibility criteria, but are located in Stand- Therefore, this variable was selected to favor ard Metropolitan Statistical Areas, provided jurisdictions having a large percentage of its that these grants to general purpose govern- population in poverty. The poverty level of ments are in accord with the intent of the income is based on an index developed by the program. These governments may apply for Social Security Administration in 1964 and grants under the program regardless of subsequently modified by a Federal Inter- whether or not they are included on the list agency Committee. In 1969, the poverty of eligible jurisdictions. thresholds ranged from $1,487 for a female unrelated individual 65 years old and over [44 FR 58091, Oct. 9, 1979. Redesignated at 46 living on a farm to $6,116 for a nonfarm fam- FR 34329, July 1, 1981, and correctly redesig- ily with a male head and with seven or more nated at 46 FR 43045, Aug. 26, 1981] persons. The average poverty threshold for a nonfarm family of four headed by a male was APPENDIX B TO PART 72—LIST OF $3,745. ELIGIBLE JURISDICTIONS

Determination of Eligibility The following are those jurisdictions eligi- The method used to combine the variables ble for the Urban Park and Recreation Re- had four steps. First, all values for each of covery Program:

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Cities Eligible for the Urban Park and El Monte, California Huntington, West Recreation Recovery Program El Paso, Texas Virginia Elizabeth, New Indianapolis, Indiana Akron, Ohio Buffalo, New York Jersey Inglewood, California Albany, Georgia Caguas, Puerto Rico Elmira, New York Irvington, New Albany, New York Cambridge, Erie, Pennsylvania Jersey Alexandria, Massachusetts Evanston, Illinois Jackson, Michigan Louisiana Camden, New Jersey Evansville, Indiana Jackson, Mississippi Alhambra, California Canton, Ohio Everett, Jackson, Tennessee Allentown, Carolina, Puerto Massachusetts Jacksonville, Florida Pennsylvania Rico Everett, Washington Jersey City, New Altoona, Carson, California Fall River, Jersey Pennsylvania Cayey, Puerto Rico Massachusetts Johnson City, Aguadilla, Puerto Charleston, South Fayetteville, North Tennessee Rico Carolina Carolina Johnstown, Anniston, Alabama Charlottesville, Fitchburg, Pennsylvania Arecibo, Puerto Rico Virginia Massachusetts Joplin, Missouri Asbury Park, New Chattanooga, Flint, Michigan Juana Diaz, Puerto Jersey Tennessee Florence, Alabama Rico Asheville, North Chester, Ft. Myers, Florida Kalamazoo, Michigan Carolina Pennsylvania Freeport, New York Kankakee, Illinois Athens, Georgia Chicago, Illinois Fresno, California Kansas City, Kansas Atlanta, Georgia Chicago Heights, Gadsden, Alabama Kansas City, Atlantic City, New Illinois Gainesville, Florida Missouri Jersey Chicopee, Galveston, Texas Kenner, Louisiana Auburn, Maine Massachusetts Gary, Indiana Kenosha, Wisconsin Augusta, Georgia Chula Vista, Gastonia, North Killeen, Texas Babylon Township, California Carolina Knoxville, Tennessee New York Cicero, Illinois Grand Rapids, Kokomo, Indiana Baldwin Park, Cincinnati, Ohio Michigan La Crosse, Wisconsin California Clarksville, Granite City, Illinois Lafayette, Louisiana Baltimore, Maryland Tennessee Greenville, Lake Charles, Baton Rouge, Cleveland, Ohio Mississippi Louisiana Louisiana Cocoa, Florida Greenville, South Lakeland, Florida Battle Creek, Columbia, South Carolina Lakewood, Ohio Michigan Carolina Guayama, Puerto Lancaster, Bayamon, Puerto Columbus, Georgia Rico Pennsylvania Rico Columbus, Ohio Guaynabo, Puerto Lansing, Michigan Bay City, Michigan Compton, California Rico Laredo, Texas Bayonne, New Jersey Corpus Christi, Texas Gulfport, Mississippi Las Cruces, New Bellflower, California Covington, Kentucky Hamilton, Ohio Mexico Bellingham, Danville, Illinois Harlingen, Texas Lawrence, Washington Danville, Virginia Harrisburg, Massachusetts Berkeley, California Dayton, Ohio Pennsylvania Lawton, Oklahoma Biloxi, Mississippi Daytona Beach, Hartford, Lewiston, Maine Binghamton, New Florida Connecticut Lima, Ohio York Denison, Texas Hattiesburg, Lompoc, California Birmingham, Denver, Colorado Mississippi Long Beach, Alabama Detroit, Michigan Haverhill, California Bloomfield, New District of Columbia Massachusetts Long Branch, New Jersey Dothan, Alabama Hawthorne, Jersey Bloomington, Duluth, Minnesota California Los Angeles, Indiana Durham, North Hazelton, California Boston, Carolina Pennsylvania Louisville, Kentucky Massachusetts East Chicago, Hemstead Township, Lowell, Bradenton, Florida Indiana New York Massachusetts Bridgeport, East Lansing, Hialeah, Florida Lynchburg, Virginia Connecticut Michigan High Point, North Lynn, Massachusetts Bridgeton, New East Orange, New Carolina Lynwood, California Jersey Jersey Hoboken, New Jersey Macon, Georgia Bristol, Tennessee East Providence, Holyoke, Maiden, Brockton, Rhode Island Massachusetts Massachusetts Massachusetts East St. Louis, Hopkinsville, Manchester, New Brookline Township, Illinois Kentucky Hampshire Massachusetts Easton, Pennsylvania Humacao, Puerto Mansfield, Ohio Brownsville, Texas Edinburg, Texas Rico Marietta, Ohio

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Marion, Indiana Oakland, California St. Joseph, Missouri Texarkana, Arkansas Marshall, Texas Oceanside, California St. Louis, Missouri Texarkana, Texas Mayaguez, Puerto Ogden, Utah St. Paul, Minnesota Titusville, Florida Rico Omaha, Nebraska St. Petersburg, Toa Baja, Puerto McAllen, Texas Ontario, California Florida Rico Medford, Orange, Texas Salem, Toledo, Ohio Massachusetts Orlando, Florida Massachusetts Trenton, New Jersey Melbourne, Florida Oshkosh, Wisconsin Salinas, California Troy, New York Memphis, Tennessee Oxnard, California San Antonio, Texas Trujillo Alto, Puerto Meriden, Connecticut Panama City, Florida San Benito, Texas Rico Meridian, Mississippi Parkersburg, West San Bernardino, Tucson, Arizona Miami, Florida Virginia California Tuscaloosa, Alabama Miami Beach, Pasco, Washington San Diego, California Union City, New Florida Passaic, New Jersey San Francisco, Jersey Middletown, Ohio Paterson, New Jersey California Upper Darby Millville, New Jersey Pawtucket, Rhode San Juan, Puerto Township, Milwaukee, Island Rico Pennsylvania Wisconsin Pensacola, Florida Santa Ana, Urbana, Illinois Minneapolis, Perth Amboy, New California Utica, New Jersey Minnesota Jersey Santa Cruz, Vega Baja, Puerto Mobile, Alabama Petersburg, Virginia California Rico Modesto, California Pharr, Texas Santa Fe, New Vineland, New Jersey Monroe, Louisiana Philadelphia, Mexico Waco, Texas Montgomery, Pennsylvania Santa Maria, Waltham, Alabama Phoenix, Arizona California Massachusetts Moss Point, Pico Rivera, Santa Monica, Warren, Ohio Mississippi California California Waterbury, Mount Vernon, New Pine Bluff, Arkansas Sarasota, Florida Connecticut York Pittsburgh, Savannah, Georgia West Haven, Muncie, Indiana Pennsylvania Schenectady, New Connecticut Muskegon, Michigan Pittsfield, York West New York, New Muskegon Heights, Massachusetts Scranton, Jersey Michigan Plainfield, New Pennsylvania West Palm Beach, Muskogee, Oklahoma Jersey Seaside, California Florida National City, Pomona, California Seattle, Washington Wheeling, West California Ponce, Puerto Rico Shreveport, Virginia New Bedford, Pontiac, Michigan Louisiana Wilkes-Barre, Massachusetts Port Arthur, Texas Somerville, Pennsylvania New Britain, Portland, Maine Massachusetts Williamsport, Connecticut Portland, Oregon South Gate, Pennsylvania New Brunswick, New Portsmouth, Virginia California Wilmington, Jersey Poughkeepsie, New Spartanburg, South Delaware New Haven, York Carolina Wilmington, North Connecticut Pritchard, Alabama Spokane, Washington Carolina New London, Providence, Rhode Springfield, Winston-Salem, Connecticut Island Massachusetts North Carolina New Orleans, Provo, Utah Springfield, Ohio Winter Haven, Louisiana Pueblo, Colorado Springfield, Oregon Florida New Rochelle, New Quincy, Illinois Steubenville, Ohio Woonsocket, Rhode York Quincy, Stockton, California Island New York, New York Massachusetts Suffolk, Virginia Worcester, Newark, New Jersey Rantoul, Illinois Superior, Wisconsin Massachusetts Newark, Ohio Reading, Syracuse, New York Wyandotte, Michigan Newport News, Pennsylvania Tacoma, Washington Yakima, Washington Virginia Revere, Tampa, Florida Yauco, Puerto Rico Niagara Falls, New Massachusetts Taunton, Yonkers, New York York Richmond, California Massachusetts York, Pennsylvania Norfolk, Virginia Richmond, Indiana Terre Haute, Indiana Youngstown, Ohio North Bergen Richmond, Virginia Counties Eligible for the Urban Park and Township, New Roanoke, Virginia Recreation Recovery Program Jersey Rochester, New York North Chicago, Rome, New York Alameda Co., Bernalillo Co., New Illinois Rosemead, California California Mexico Norwalk, California Sacramento, Allegheny Co., Bexar Co., Texas Norwich, Connecticut California Pennsylvania Bristol Co., Oak Park, Illinois Saginaw, Michigan Massachusetts

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Camden Co., New Middlesex Co., SOURCE: 47 FR 23397, May 27, 1982, unless Jersey Massachusetts otherwise noted. Charleston Co., Milwaukee Co., South Carolina Wisconsin § 73.1 Purpose. Cook Co., Illinois Mobile Co., Alabama Cuyahoga Co., Ohio The purpose of these rules is to set Nassau Co., New forth the policies and procedures that Dade Co., Florida York the Department of the Interior, El Paso Co., Texas Nueces Co., Texas Erie Co., New York through the National Park Service Oneida Co., New Essex Co., York (NPS), uses to direct and coordinate Massachusetts U.S. participation in the Convention Essex Co., New Onondaga Co., New York Concerning the Protection of the World Jersey Cultural and Natural Heritage, which Franklin Co., Ohio Orange Co., Florida Fresno Co., Passaic Co., New was ratified by the Senate on October California Jersey 26, 1973. The rules describe the proce- Fulton Co., Georgia Pinellas Co., Florida dures used to implement the Conven- Hamilton Co., Ohio Plymouth Co., tion under the National Historic Pres- Hamilton Co., Massachusetts ervation Act Amendments of 1980. The Tennessee Polk Co., Florida purpose of the World Heritage Conven- Hampden Co., Riverside Co., tion is to enhance worldwide under- Massachusetts California standing and appreciation of heritage Hillsborough Co., St. Clair Co., Illinois Florida conservation, and to recognize and pre- San Bernardino Co., serve natural and cultural properties Hudson Co., New California Jersey throughout the world that have out- San Diego Co., Jackson Co., standing universal value to mankind. California Missouri San Joaquin Co., Jefferson Co., § 73.3 Definitions. Alabama California Kern Co., California Shelby Co., Cultural Heritage—Article 1 of the Los Angeles Co., Tennessee Convention defines ‘‘Cultural Herit- California Sonoma Co., age’’ as: Lucas Co., Ohio California Monuments: architectural works, works of Luzerne Co., Suffolk Co., New monumental sculpture and painting, ele- Pennsylvania York ments or structures of an archaeological na- Mahoning Co., Ohio Wayne Co., Michigan ture, inscriptions, cave dwellings, and com- Maricopa Co., Worcester Co., binations of features, which are of out- Arizona Massachusetts standing universal value from the point of [44 FR 58091, Oct. 9, 1979. Redesignated at 46 view of history, art, or science; FR 34329, July 1, 1981, and correctly redesig- Groups of buildings: groups of separate or nated at 46 FR 43045, Aug. 26, 1981, and connected buildings which, because of their amended at 47 FR 15137, Apr. 8, 1982] architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of his- PART 73—WORLD HERITAGE tory, art, or science; and CONVENTION Sites: works of man or the combined works of nature and of man, and areas including ar- Sec. chaeological sites which are of outstanding 73.1 Purpose. universal value from the historical, aes- 73.3 Definitions. thetic, ethnological, or anthropological points of view. 73.5 Authority. 73.7 World Heritage Nomination process. Natural Heritage—Article 2 of the 73.9 World Heritage criteria. Convention defines ‘‘Natural Heritage’’ 73.11 Federal Interagency Panel for World as: Heritage. 73.13 Protection of U.S. World Heritage Natural features, consisting of physical properties. and biological formations or groups of such 73.15 International World Heritage activi- formations, which are of outstanding uni- ties. versal value from the aesthetic or scientific point of view; 73.17 Public information and education activities. Geological and physiographical formations and precisely delineated areas which con- AUTHORITY: 94 Stat. 3000; 16 U.S.C. 470 a–1, stitute the habitat of threatened species of a–2, d. animals and plants of outstanding universal

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value from the point of view of science or ity; the Smithsonian Institution; the conservation; and Advisory Council on Historic Preserva- Natural sites or precisely delineated nat- tion; the Department of Commerce; ural areas of outstanding universal value and the Department of State. from the point of view of science, conservation, or natural beauty. Owner, means the individual(s) or organization(s) of record that own pri- Intergovernmental Committee for the vate land that is being nominated for Protection of the World Cultural and Nat- World Heritage status, or the head of ural Heritage, or World Heritage Com- the public agency, or subordinate to mittee, means the Committee estab- whom such authority has been dele- lished by Article 8 of the Convention gated, responsible for administering and assisted by the United Nations public land that is being nominated for Educational, Scientific and Cultural World Heritage status. Organization (UNESCO). It is composed of 21 nations participating in the Con- Owner concurrence, means the concur- vention, and is responsible for imple- rence of all owners of any property in- menting the Convention at the inter- terest that is part of the World Herit- national level. Countries represented age nomination. on the Committee are elected by par- [47 FR 23397, May 27, 1982, as amended at 62 ticipating nations and serve for three FR 30235, June 3, 1997] sessions of the UNESCO General Con- ference (six years). The Committee es- § 73.5 Authority. tablishes criteria which properties The policies and procedures con- must satisfy for inclusion on the World tained herein are based on the author- Heritage List, sets policy and proce- ity of the Secretary of the Interior dures, and approves properties for in- under title IV of the National Historic clusion on the World Heritage List. Preservation Act Amendments of 1980 World Heritage Convention, or Conven- (Pub. L. 96–515; 94 Stat. 3000; 16 U.S.C. tion, means the Convention Concerning 470a–1, a–2) which directs the Secretary the Protection of the World Cultural to ensure and direct U.S. participation and Natural Heritage, ratified by the in the Convention Concerning the Pro- U.S. Senate on October 26, 1973. tection of the World Cultural and Nat- World Heritage List, means the List ural Heritage, approved by the U.S. established by Article 11 of the Conven- Senate on October 26, 1973, in cooperation which includes those cultural and natural properties judged to possess tion with the Secretary of State, the outstanding universal value for man- Smithsonian Institution, and the Advi- kind. sory Council on Historic Preservation. UNESCO, means the United Nations § 73.7 World Heritage nomination Educational, Scientific and Cultural process. Organization, which provides staff support for the Convention and its imple- (a) What is the U.S. World Heritage mentation. nomination process? (1) The Assistant Assistant Secretary, means the Assist- Secretary for Fish and Wildlife and ant Secretary for Fish and Wildlife and Parks (‘‘Assistant Secretary’’) is the Parks, U.S. Department of the Interior, designated official who conducts the or the designee authorized to carry out United States World Heritage Program the Assistant Secretary’s responsibil- and periodically nominates properties ities. to the World Heritage List on behalf of Department, means the U.S. Depart- the United States. The National Park ment of the Interior. Service (NPS) provides staff support to Federal Interagency Panel for World the Assistant Secretary. Heritage, or Panel, means the Panel (2) The Assistant Secretary initiates consisting of representatives from the the process for identifying candidate Office of the Assistant Secretary, the properties for the World Heritage List National Park Service, and the U.S. and subsequently preparing, evalu- Fish and Wildlife Service within the ating, and approving U.S. nominations Department of the Interior; the Presi- for them by publishing a First Notice dent’s Council on Environmental Qual- in the FEDERAL REGISTER. This notice

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includes a list of candidate sites (for- owns or controls the property, a letter mally known as the Indicative Inven- from the owner(s) demonstrates con- tory of Potential Future U.S. World currence. Heritage nominations) and requests (ii) If private parties own or control that public and private sources rec- the property, they must provide the ommend properties for nomination. protection agreement outlined in (3) The Assistant Secretary, with ad- § 73.13(c). vice from the Federal Interagency (iii) All owners must concur before Panel for World Heritage (‘‘Panel’’), the Assistant Secretary can include may propose for possible nomination a their property within a World Heritage limited number of properties from the nomination. For example, a responsible Indicative Inventory. Federal management official can con- (4) Property owners, in cooperation cur for the unit, but cannot concur for with NPS, voluntarily prepare a de- any non-Federal property interest tailed nomination document for their within the boundaries of the unit. NPS property that has been proposed for will seek the concurrence of those who nomination. The Panel reviews the ac- own or control any non-Federal prop- curacy and completeness of draft nomi- erty interest if we determine that the nations, and makes recommendations property interest is integral to the en- on them to the Assistant Secretary. tire property’s outstanding universal (5) The Assistant Secretary decides values. whether to nominate any of the pro- (3) The nomination document must posed properties and transmits ap- include evidence of such legal protec- proved United States nominations, tions as may be necessary to ensure through the Department of State, to the preservation of the property and its the World Heritage Committee to be environment. Section 73.13 identifies considered for addition to the World the distinct protection requirements Heritage List. for public and private properties. (b) What requirements must a U.S. property meet to be considered for nomi- (c) How does the U.S. World Heritage nation to the World Heritage List? A nomination process begin? The Assistant property in the United States must Secretary, through the NPS, will peri- satisfy the following requirements es- odically publish a First Notice in the tablished by law and one or more of the FEDERAL REGISTER to begin the U.S. World Heritage Criteria before the As- World Heritage nomination process. sistant Secretary can consider it for This notice, among other things: World Heritage nomination: (1) Sets forth the schedule and proce- (1) The property must be nationally dures for identifying proposed U.S. significant. For the purposes of this nominations to the World Heritage section, a property qualifies as ‘‘na- List. It includes specific deadlines for tionally significant’’ if it is: receipt of suggestions and comments, (i) A property that the Secretary of and for preparing and approving nomi- the Interior has designated as a Na- nation documents for properties pro- tional Historic Landmark (36 CFR part posed as U.S. nominations; 65) or a National Natural Landmark (36 (2) Includes the Indicative Inventory CFR part 62) under provisions of the of Potential Future U.S. World Herit- 1935 Historic Sites Act (Public Law 74– age Nominations (Indicative Inven- 292; 49 Stat. 666; 16 U.S.C. 461 et seq.); tory), solicits recommendations on (ii) An area the United States Con- which properties on it should be nomi- gress has established as nationally sig- nated, and requests suggestions of nificant; or properties that should be considered (iii) An area the President has pro- for addition to it; and claimed as a National Monument under (3) Identifies any special require- the Antiquities Act of 1906 (16 U.S.C. ments that properties must satisfy to 433). be considered for nomination. (2) The property’s owner(s) must con- (d) What is the Indicative Inventory cur in writing to the nomination. and how is it used? (1) The World Herit- (i) If a unit of United States govern- age Convention (Article 11) requests ment (Federal, State, and/or local) each signatory nation to submit a list

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of candidate sites for the World Herit- eral Interagency Panel for World Herit- age List. These lists are also known as age to decide whether to identify any tentative lists, or Indicative Inven- properties as proposed U.S. nomina- tories. The NPS compiles and main- tions. In addition to how well the prop- tains the U.S. Indicative Inventory, erty satisfies the World Heritage cri- which is formally known as the Indic- teria (§ 73.9) and the legislative require- ative Inventory of Potential Future ments outlined in paragraph (b)(1) of U.S. World Heritage Nominations. It is this section, the Assistant Secretary a list of cultural and natural properties may consider: located in the United States that, (i) How well the particular type of based on preliminary examination, ap- property (i.e., theme or region) is rep- pear to qualify for the World Heritage resented on the World Heritage List; List and that the United States may (ii) The balance between cultural and consider for nomination to the List. natural properties already on the List (2) Inclusion of a property on the In- and those under consideration; dicative Inventory does not confer (iii) Opportunities that the property World Heritage status on it, but merely affords for public visitation, interpre- indicates that the Assistant Secretary tation, and education; may further examine the property for (iv) Potential threats to the prop- possible nomination. The Assistant erty’s integrity or its current state of Secretary selects proposed nomina- preservation; and tions from among the potential future (v) Other relevant factors, including nominations included on the Indicative public interest and awareness of the Inventory. Thus, the Assistant Sec- property. retary uses the Indicative Inventory as (2) Selection as a proposed nomina- the basis for selecting United States tion indicates that a property appears nominations, and it provides a com- to qualify for World Heritage status parative framework within which to and that the Assistant Secretary will judge the outstanding universal value encourage the preparation of a com- of a property. Any agency, organiza- plete nomination document for the tion, or individual may recommend ad- property. ditional properties, with accompanying (f) Who is notified when U.S. World documentation, for inclusion on the In- Heritage nominations are proposed? (1) dicative Inventory. Ordinarily, a prop- The Assistant Secretary for Fish and erty must have been listed on the In- Wildlife and Parks publishes notice of dicative Inventory before the Assistant decisions on proposed U.S. nominations Secretary can consider it for nomina- in the FEDERAL REGISTER (Second No- tion. tice). If any properties are identified as (3) The Assistant Secretary, in co- proposed nominations, the Assistant operation with the Panel and other Secretary also notifies the following sources as appropriate, decides whether parties in writing: to include a recommended property on (i) The owner(s) of lands or interests the Indicative Inventory. If a property of land that are to be included in the is included, NPS will list it the next nomination; and time we publish the Indicative Inven- (ii) The House Resources Committee tory in the FEDERAL REGISTER. The As- and the Senate Energy and Natural Re- sistant Secretary periodically trans- sources Committee. mits a copy of the Indicative Inven- (2) The Second Notice advises the re- tory, including documentation on each cipients of the proposed action, ref- property’s location and significance, to erences these rules, and sets forth the the World Heritage Committee for use process for preparing a nomination. in evaluation of nominations. NPS also prepares and issues a press (e) How are U.S. World Heritage nomi- release on the proposed nomination. nations proposed? (1) After the First No- (g) How is a U.S. World Heritage Nomi- tice’s comment period expires, NPS nation prepared? NPS coordinates ar- compiles all suggestions and com- rangements for the preparation of a ments. The Assistant Secretary then complete nomination document for reviews the comments and suggestions each proposed property. If you are a and works in cooperation with the Fed- property owner(s), you, in cooperation

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with NPS, are responsible for preparing (i) The owner(s) of land or interests the draft nomination and for gathering in land that are included in the nomi- documentation in support of it. NPS nation; oversees the preparation of the nomi- (ii) The House Resources Committee; nation and ensures that it follows the and procedures contained in these rules and (iii) The Senate Energy and Natural the format and procedural guidelines Resources Committee. established by the World Heritage (2) The Assistant Secretary also pub- Committee. Each nomination is pre- lishes notice of the United States pared according to the schedule set World Heritage nomination in the FED- forth in the First Notice. ERAL REGISTER. In addition, NPS issues (h) How is a draft U.S. World Heritage a press release on the nomination. nomination evaluated? The draft nomi- [66 FR 57880, Nov. 19, 2001] nation document serves as the basis for the Assistant Secretary’s decision to § 73.9 World Heritage criteria. nominate the property to the World (a) What are the World Heritage criteria Heritage Committee. NPS coordinates and how are they applied? The World the review and evaluation of draft Heritage Committee uses the following World Heritage nominations. We dis- criteria to evaluate cultural and nat- tribute copies to all members of the ural properties nominated to the World Federal Interagency Panel for World Heritage List. To qualify for addition Heritage and request comments regard- to the World Heritage List, sites must ing the significance of the property and meet one or more of the criteria. For the adequacy of the draft nomination. information on how to apply the cri- Afterward, we compile the rec- teria, you should consult their anno- ommendations and comments received tated text in the Operational Guide- from the members of the Panel. lines for the World Heritage Conven- (i) How is a U.S. World Heritage nomi- tion. The Operational Guidelines are nation approved and submitted? (1) The published periodically by the World Assistant Secretary, based on personal Heritage Centre. You may obtain cop- evaluation and the recommendations ies of the World Heritage Convention, from the Panel, may nominate a prop- the Operational Guidelines, and other erty that appears to meet the World program information upon request to Heritage criteria to the World Heritage the Office of International Affairs of Committee on behalf of the United the National Park Service, 1849 C States. The Assistant Secretary sends Street, NW., Room 2242, Washington, an approved nomination document, DC 20240. The World Heritage Conven- tion and the Operational Guidelines are through the Department of State, to also posted on the World Heritage Cen- the World Heritage Committee. The tre’s Web site at www.unesco.org/whc. nomination document should be trans- (b) What are the cultural criteria? The mitted so that the World Heritage criteria for the inclusion of cultural Committee receives it before the dead- properties in the World Heritage List line established for any given year. should always be seen in relation to (2) Nomination by the United States one another and should be considered does not place a property on the World in the context of the definition set out Heritage List. The World Heritage in Article 1 of the Convention. A monu- Committee must consider and approve ment, group of buildings or site—as de- the nomination, usually at a meeting fined in Article 1 of the Convention— during the year following its nomina- which is nominated for inclusion in the tion, before it is inscribed as a World World Heritage List will be considered Heritage Site. to be of outstanding universal value for (j) Who is notified when a U.S. property the purpose of the Convention when has been nominated to the World Heritage the Committee finds that it meets one List? (1) Upon approving a nomination, or more of the following criteria and the Assistant Secretary notifies the the test of authenticity: following parties in writing (Third No- (1) Each property nominated should tice): therefore:

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(i) Represent a masterpiece of human by the Operational Guidelines and ful- creative genius; or fills the conditions of integrity: (ii) Exhibit an important interchange (1) Sites nominated should therefore: of human values, over a span of time or (i) Be outstanding examples rep- within a cultural area of the world, on resenting major stages of earth’s his- developments in architecture or tech- tory, including the record of life, sig- nology, monumental arts, town-plan- nificant on-going geological processes ning or landscape design; or in the development of landforms, or (iii) Bear a unique or at least excep- significant geomorphic or tional testimony to a cultural tradi- physiographic features; or tion or to a civilization which is living (ii) Be outstanding examples rep- or which has disappeared; or resenting significant on-going ecologi- (iv) Be an outstanding example of a cal and biological processes in the evo- type of building or architectural or lution and development of terrestrial, technological ensemble or landscape fresh water, coastal and marine eco- which illustrates a significant stage(s) systems and communities of plants and in human history; or animals; or (v) Be an outstanding example of a (iii) Contain superlative natural phe- traditional human settlement or land- nomena or areas of exceptional natural use which is representative of a culture beauty and aesthetic importance; or (or cultures), especially when it has be- (iv) Contain the most important and come vulnerable under the impact of significant natural habitats for in-situ irreversible change; or conservation of biological diversity, in- (vi) Be directly or tangibly associ- cluding those containing threatened ated with events or living traditions, species of outstanding universal value with ideas, or with beliefs, with artis- from the point of view of science or tic and literary works of outstanding conservation. universal significance (the Committee (2) In addition to the criteria in para- considers that this criterion should graphs (c)(1)(i) through (c)(1)(iv) of this justify inclusion in the List only in ex- section, the sites should also fulfill the ceptional circumstances and in con- following conditions of integrity: junction with other criteria cultural or (i) The sites described in paragraph natural). (c)(1)(i) of this section should contain (2) In addition to the criteria in para- all or most of the key interrelated and graphs (b)(1)(i) through (b)(1)(vi) of this interdependent elements in their nat- section, the sites should also meet the ural relationships. test of authenticity in design, mate- (ii) The sites described in paragraph rial, workmanship or setting and in the (c)(1)(ii) of this section should have suf- case of cultural landscapes their dis- ficient size and contain the necessary tinctive character and components (the elements to demonstrate the key as- Committee stressed that reconstruc- pects of processes that are essential for tion is only acceptable if it is carried the long-term conservation of the eco- out on the basis of complete and de- systems and the biological diversity tailed documentation on the original they contain. and to no extent on conjecture) and (iii) The sites described in paragraph have adequate legal and/or contractual (c)(1)(iii) of this section should be of and/or traditional protection and man- outstanding aesthetic value and in- agement mechanisms to ensure the clude areas that are essential for main- conservation of the nominated cultural taining the beauty of the site. properties or cultural landscapes. (iv) The sites described in paragraph (c) What are the natural criteria? A (c)(1)(iv) of this section should contain natural heritage property—as defined habitats for maintaining the most di- in Article 2 of the Convention—which verse fauna and flora characteristic of is submitted for inclusion in the World the biogeographic province and eco- Heritage List will be considered to be systems under consideration. of outstanding universal value for the (3) The sites should have a manage- purposes of the Convention when the ment plan. When a site does not have a Committee finds that it meets one or management plan at the time when it more of the following criteria specified is nominated for the consideration of

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the World Heritage Committee, the may be requested to participate in the State Party concerned should indicate Panel from time to time. when such a plan will become available (3) The Assistant Secretary, or his/ and how it proposes to mobilize the re- her designee, chairs the Panel, and sets sources required for the preparation its agenda and schedule. The NPS pro- and implementation of the plan. The vides staff support to the Panel. State Party should also provide other document(s) (e.g. operational plans) § 73.13 Protection of U.S. World Herit- which will guide the management of age properties. the site until such time when a man- (a) Requirements. (1) Article 5 of the agement plan is finalized. Convention mandates that each par- [66 FR 57881, Nov. 19, 2001] ticipating nation shall take, insofar as possible, the appropriate legal, sci- § 73.11 Federal Interagency Panel for entific, technical, administrative, and World Heritage. financial measures necessary for the (a) Responsibilities. The Federal Inter- identification, protection, conserva- agency Panel for World Heritage is es- tion, preservation, and rehabilitation tablished to advise the Department of of properties of outstanding universal the Interior on implementation of the value; and World Heritage Convention. Among (2) Title IV of Pub. L. 96–515 requires other things, the panel assists in the that no non-Federal property may be following activities: nominated to the World Heritage List (1) The development of policy and unless its owner concurs in writing to procedures for effectively imple- such nomination. The nomination doc- menting the Convention in the U.S.; ument for each property must include (2) The evaluation of draft U.S. nomi- evidence of such legal protections as nation documents; may be necessary to ensure preserva- (3) The making of recommendations tion of the property and its environ- for approval of U.S. nominations; ment, including, for example, restric- (4) The dissemination of information tive covenants, easements, and other on the Convention within other Fed- forms of protection (16 U.S.C. 470a–1). eral agencies; and (b) Protection Measures for Public (5) The promotion of increased aware- Properties. For properties owned or con- ness and understanding of the impor- trolled by Federal, State, and/or local tance of heritage conservation. governments, the following items sat- (b) Composition. (1) The Federal Inter- isfy the protection requirements out- agency Panel for World Heritage is lined in paragraph (a) of this section: composed of representatives, named by (1) Written concurrence by the owner their respective agencies, from the fol- prior to nomination; lowing agencies and offices: (2) The nomination document must (i) The Office of the Assistant Sec- include reference to: retary for Fish and Wildlife and Parks, U.S. Department of the Interior; (i) All legislation establishing or pre- (ii) The National Park Service, U.S. serving the area; and Department of the Interior; (ii) All existing and proposed admin- (iii) The U.S. Fish and Wildlife Serv- istrative measures, including manage- ice, U.S. Department of the Interior; ment plans, that would ensure contin- (iv) The President’s Council on Envi- ued satisfactory maintenance of the ronmental Quality; property and its environment; and (v) The Smithsonian Institution; (3) A written statement by the (vi) The Advisory Council on Historic owner(s) that such protection measures Preservation; satisfy the requirements outlined in (a) (vii) The National Oceanic and At- above. mospheric Administration, Department (c) Protection Measures for Private of Commerce; and Properties. For properties owned or con- (viii) The Department of State. trolled by private organizations or in- (2) Additional representatives from dividuals, the following items satisfy other Federal agencies with mandates the protection requirements outlined and expertise in heritage conservation in (a) of this section.

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(1) A written covenant executed by Heritage, provide support for the As- the owner(s) prohibiting, in perpetuity, sistant Secretary’s international ac- any use that is not consistent with, or tivities, including the preparation of which threatens or damages the prop- documentation, briefing papers, and erty’s universally significant values, or position statements. other trust or legal arrangement that (d) The Assistant Secretary responds, has that effect; and on behalf of the U.S., to requests from (2) The opinion of counsel on the the World Heritage Committee, inter- legal status and enforcement of such a national heritage conservation organi- prohibition, including, but not limited zations, or other nations regarding to, enforceability by the Federal gov- U.S. participation in the World Herit- ernment or by interested third parties. age Convention. In addition, if the owner(s) is willing, a right of first refusal may be given for § 73.17 Public information and education activities. acquisition of the property, along with a guaranteed source of funding and ap- (a) To the extent that time and re- propriate management framework, in sources permit, owners of U.S. prop- the event of any proposed sale, succes- erties approved for inclusion on the sion, voluntary or involuntary trans- World Heritage List are encouraged to fer, or in the unlikely event that the publicize the status of the property, requirements outlined above prove to through appropriate signs, plaques, be inadequate to ensure the preserva- brochures, public dedication cere- tion of the property’s outstanding uni- monies, and interpretive displays or versal value. The protection measures programs. for each private property being consid- (b) The Department, through the ered for possible nomination to the NPS, may provide guidance to owners World Heritage List will be reviewed on of U.S. World Heritage properties in de- a case-by-case basis to ensure that the veloping publicity, educational, and/or requirements set forth above fulfill the interpretive programs. mandate of Pub. L. 96–515. (c) The NPS is responsible for developing and distributing general informa- § 73.15 International World Heritage tion materials on the World Heritage activities. Convention, including brochures, (a) The Assistant Secretary, and slideshows, lectures, or other presen- other officials as appropriate, may rep- tations in order to strengthen appre- resent the U.S. at meetings of the ciation and understanding of the im- World Heritage Committee, the Bureau portance of World Heritage as set forth of the World Heritage Committee, or in Article 27 of the Convention. other international organizations or agencies which have activities that re- PARTS 74–77 [RESERVED] late to World Heritage. (b) In furtherance of Article 6 of the PART 78—WAIVER OF FEDERAL Convention and to the extent that re- AGENCY RESPONSIBILITIES sources permit, the Department will UNDER SECTION 110 OF THE NA- encourage and provide international TIONAL HISTORIC PRESERVATION assistance to other nations in activities relating to the identification, pro- ACT tection, conservation, and preservation Sec. of cultural and natural properties. The 78.1 Authorization. Secretary, or his designee, may develop 78.2 Definitions. and make available to other nations 78.3 Federal Agency decision to waive re- and international organizations train- sponsibilities. ing in, and information concerning, 78.4 Federal Agency notice. professional methods and techniques 78.5 Review by the Secretary of the Inte- for the preservation of historic and rior. natural properties (16 U.S.C. 470d; 16 AUTHORITY: National Historic Preservation U.S.C. 1537). Act of 1966, as amended, 16 U.S.C. 470 et. seq. (c) NPS staff, in conjunction with the SOURCE: 50 FR 7590, Feb. 25, 1985, unless Federal Interagency Panel for World otherwise noted.

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§ 78.1 Authorization. 110 of the National Historic Preserva- tion Act, as amended. Section 110 of the National Historic Preservation Act of 1966, as amended [50 FR 7590, Feb. 25, 1985, as amended at 62 (‘‘Act’’), sets forth certain responsibil- FR 30235, June 3, 1997] ities of Federal agencies in carrying § 78.3 Federal Agency decision to out the purposes of the National His- waive responsibilities. toric Preservation Act of 1966. Sub- (a) When a Federal Agency Head de- section 110(j) authorizes the Secretary termines, under extraordinary cir- of the Interior to promulgate regula- cumstances, that there is an imminent tions under which the requirements in threat of a major natural disaster or an section 110 may be waived in whole or imminent threat to the national secu- in part in the event of a major natural rity such that an emergency action is disaster or an imminent threat to the necessary to the preservation of human national security. Waiver of respon- life or property, and that such emer- sibilities under section 110 does not af- gency action would be impeded if the fect an agency’s section 106 responsibil- Federal Agency were to concurrently ities for taking into account the effects meet its historic preservation respon- of emergency activities on properties sibilities under section 110 of the Act, included in or eligible for the National that Federal Agency Head may imme- Register of Historic Places and for af- diately waive all or part of those re- fording the Advisory Council on His- sponsibilities, subject to the proce- toric Preservation an opportunity to dures set forth herein and provided comment on such activities. that the agency head implements such measures or procedures as are possible § 78.2 Definitions. in the circumstances to avoid or minimize harm to historic properties. Federal Agency Head means the high- (b) Waiver under § 78.3(a) shall not ex- est administrative official of a Federal ceed the period of time during which agency, or designee. the emergency circumstances necessi- Imminent Threat to the National Secu- tating the waiver exist. rity means the imminence of any nat- (c) In no event shall a Federal Agen- ural, technological, or other occur- cy Head delay an emergency action rence which, in determination of a Fed- necessary to the preservation of human eral Agency Head, because of its size or life or property for the purpose of com- intent, seriously degrades or threatens plying with the requirements in sec- the national security of the United tion 110 of the Act. States such that an emergency action would be impeded if the Federal Agen- § 78.4 Federal Agency notice. cy were to concurrently meet its his- (a) Federal Agency Heads making use toric preservation responsibilities of the waiver authority shall, within 12 under section 110 of the National His- days of the effective date of the waiver, toric Preservation Act, as amended. notify the Secretary of the Interior, in Major Natural Disaster means any writing, identifying: (1) The major natural disaster or im- hurricane, tornado, storm, flood, high minent threat to the national security water, tidal wave, earthquake, volcanic necessitating the waiver and the emer- eruption, landslide, snowstorm, fire, gency action taken; explosion, or other catastrophe, in any (2) The period of effect of the waiver; part of the United States which, in the (3) Which provisions of section 110 determination of a Federal Agency have been waived; Head, causes damage of sufficient se- (4) The geographic area to which the verity and magnitude such that an waiver applies; and emergency action is necessary to the (5) The measures and procedures used preservation of human life or property, to avoid or minimize harm to historic and that such emergency action would properties under the conditions neces- be impeded if the Federal Agency were sitating the waiver. to concurrently meet its historic pres- (b) Information copies of the notice ervation responsibilities under section under § 78.4(a) shall be forwarded by the

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Federal Agency Head to the Advisory PART 79—CURATION OF FEDER- Council on Historic Preservation and ALLY-OWNED AND ADMINIS- the appropriate State Historic Preser- TERED ARCHAEOLOGICAL COL- vation Officer. LECTIONS § 78.5 Review by the Secretary of the Interior. Sec. 79.1 Purpose. (a) If the Secretary considers that all 79.2 Authority. or part of the agency’s decision as out- 79.3 Applicability. lined under § 78.4(a) is inconsistent with 79.4 Definitions. the intent of the Act or these regula- 79.5 Management and preservation of col- tions for use of the waiver under ex- lections. traordinary circumstances, the Sec- 79.6 Methods to secure curatorial services. retary shall notify the Agency Head 79.7 Methods to fund curatorial services. and the Director of the Office of Man- 79.8 Terms and conditions to include in contracts, memoranda and agreements for agement and Budget within 5 days of curatorial services. receipt of the Federal Agency notice 79.9 Standards to determine when a reposi- under § 78.4(a) of termination of the tory possesses the capability to provide waiver, or make appropriate rec- adequate long-term curatorial services. ommendations for modifications of the 79.10 Use of collections. waiver’s use. Termination of a waiver 79.11 Conduct of inspections and inven- by the Secretary is final. tories. (b) If the waiver is still in effect at APPENDIX A TO PART 79—EXAMPLE OF A DEED the time the Federal Agency Head re- OF GIFT APPENDIX B TO PART 79—EXAMPLE OF A ceives recommendations from the Sec- MEMORANDUM OF UNDERSTANDING FOR CU- retary, the Agency Head shall consider RATORIAL SERVICES FOR A FEDERALLY- the recommendations and any com- OWNED COLLECTION ments received from the Advisory APPENDIX C TO PART 79—EXAMPLE OF A Council and the State Historic Preser- SHORT-TERM LOAN AGREEMENT FOR A vation Officer before deciding whether FEDERALLY-OWNED COLLECTION to continue, withdraw, or modify the AUTHORITY: 16 U.S.C. 470aa-mm, 16 U.S.C. waiver. The Federal Agency Head shall 470 et seq. respond to recommendations received SOURCE: 55 FR 37630, Sept. 12, 1990, unless from the Secretary either accepting or otherwise noted. rejecting those recommendations, and, where recommendations are rejected, § 79.1 Purpose. explaining the reasons for such a deci- (a) The regulations in this part estab- sion. Information copies of such re- lish definitions, standards, procedures sponse shall be forwarded by the Fed- and guidelines to be followed by Fed- eral Agency Head to the Advisory eral agencies to preserve collections of Council on Historic Preservation and prehistoric and historic material re- the appropriate State Historic Preser- mains, and associated records, recov- vation Officer. ered under the authority of the Antiq- (c) If the waiver is no longer in effect uities Act (16 U.S.C. 431–433), the Res- at the time the Federal Agency Head ervoir Salvage Act (16 U.S.C. 469–469c), receives recommendations from the section 110 of the National Historic Secretary or comments from the Advi- Preservation Act (16 U.S.C. 470h–2) or sory Council or the State Historic the Archaeological Resources Protec- Preservation Officer, the Federal Agen- tion Act (16 U.S.C. 470aa-mm). They es- cy Head should consider such rec- tablish: ommendations and comments in simi- (1) Procedures and guidelines to manage and preserve collections; lar future emergencies. (2) Terms and conditions for Federal agencies to include in contracts, memoranda, agreements or other written instruments with repositories for curatorial services;

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(3) Standards to determine when a re- posited in an institution with adequate pository has the capability to provide long-term curatorial capabilities. long-term curatorial services; and (b) In addition, the regulations in (4) Guidelines to provide access to, this part are promulgated pursuant to loan and otherwise use collections. section 5 of the Archaeological Re- (b) The regulations in this part con- sources Protection Act (16 U.S.C. 470dd) tain three appendices that provide ad- which gives the Secretary of the Inte- ditional guidance for use by the Fed- rior discretionary authority to promul- eral Agency Official. gate regulations for the: (1) Appendix A to these regulations (1) Exchange, where appropriate, be- contains an example of an agreement tween suitable universities, museums between a Federal agency and a non- or other scientific or educational insti- Federal owner of material remains who tutions, of archeological resources re- is donating the remains to the Federal covered from public and Indian lands agency. under that Act; and (2) Appendix B to these regulations (2) Ultimate disposition of archeo- contains an example of a memorandum logical resources recovered under that of understanding between a Federal Act (16 U.S.C. 470aa-mm), the Antiq- agency and a repository for long-term uities Act (16 U.S.C. 431–433) or the Res- curatorial services for a federally- ervoir Salvage Act (16 U.S.C. 469–469c). owned collection. (3) It further states that any ex- (3) Appendix C to these regulations change or ultimate disposition of re- contains an example of an agreement sources excavated or removed from In- between a repository and a third party dian lands shall be subject to the con- for a short-term loan of a federally- sent of the Indian or Indian tribe that owned collection (or a part thereof). owns or has jurisdiction over such (4) The three appendices are meant to lands. illustrate how such agreements might [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. appear. They should be revised accord- 10, 1990] ing to the: (i) Needs of the Federal agency and § 79.3 Applicability. any non-Federal owner; (a) The regulations in this part apply (ii) Nature and content of the collec- to collections, as defined in § 79.4 of tion; and this part, that are excavated or re- (iii) Type of contract, memorandum, moved under the authority of the An- agreement or other written instrument tiquities Act (16 U.S.C. 431–433), the being used. Reservoir Salvage Act (16 U.S.C. 469– (5) When a repository has preexisting 469c), section 110 of the National His- standard forms (e.g., a short-term loan toric Preservation Act (16 U.S.C. 470h- form) that are consistent with the reg- 2) or the Archaeological Resources Pro- ulations in this part, those forms may tection Act (16 U.S.C. 470aa-mm). Such be used in lieu of developing new ones. collections generally include those [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. that are the result of a prehistoric or 10, 1990] historic resource survey, excavation or other study conducted in connection § 79.2 Authority. with a Federal action, assistance, li- (a) The regulations in this part are cense or permit. promulgated pursuant to section (1) Material remains, as defined in 101(a)(7)(A) of the National Historic § 79.4 of this part, that are excavated or Preservation Act (16 U.S.C. 470a) which removed from a prehistoric or historic requires that the Secretary of the Inte- resource generally are the property of rior issue regulations ensuring that the landowner. significant prehistoric and historic ar- (2) Data that are generated as a re- tifacts, and associated records, recov- sult of a prehistoric or historic re- ered under the authority of section 110 source survey, excavation or other of that Act (16 U.S.C. 470h–2), the Res- study are recorded in associated ervoir Salvage Act (16 U.S.C. 469–469c) records, as defined in § 79.4 of this part. and the Archaeological Resources Pro- Associated records that are prepared or tection Act (16 U.S.C. 470aa-mm) are de- assembled in connection with a Federal

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or federally authorized prehistoric or serve or recover a prehistoric or his- historic resource survey, excavation or toric resource. Classes of material re- other study are the property of the mains (and illustrative examples) that U.S. Government, regardless of the lo- may be in a collection include, but are cation of the resource. not limited to: (b) The regulations in this part apply (i) Components of structures and fea- to preexisting and new collections that tures (such as houses, mills, piers, for- meet the requirements of paragraph (a) tifications, raceways, earthworks and of this section. However, the regula- mounds); tions shall not be applied in a manner (ii) Intact or fragmentary artifacts of that would supersede or breach mate- human manufacture (such as tools, rial terms and conditions in any con- weapons, pottery, basketry and tex- tract, grant, license, permit, memorandum, or agreement entered into by tiles); or on behalf of a Federal agency prior (iii) Intact or fragmentary natural to the effective date of this regulation. objects used by humans (such as rock (c) Collections that are excavated or crystals, feathers and pigments); removed pursuant to the Antiquities (iv) By-products, waste products or Act (16 U.S.C. 431–433) remain subject debris resulting from the manufacture to that Act, the Act’s implementing or use of man-made or natural mate- rule (43 CFR part 3), and the terms and rials (such as slag, dumps, cores and conditions of the pertinent Antiquities debitage); Act permit or other approval. (v) Organic material (such as vege- (d) Collections that are excavated or table and animal remains, and removed pursuant to the Archae- coprolites); ological Resources Protection Act (16 (vi) Human remains (such as bone, U.S.C. 470aa-mm) remain subject to teeth, mummified flesh, burials and that Act, the Act’s implementing rules cremations); (43 CFR part 7, 36 CFR part 296, 18 CFR (vii) Components of petroglyphs, pic- part 1312, and 32 CFR part 229), and the tographs, intaglios or other works of terms and conditions of the pertinent artistic or symbolic representation; Archaeological Resources Protection (viii) Components of shipwrecks Act permit or other approval. (e) Any repository that is providing (such as pieces of the ship’s hull, rig- curatorial services for a collection sub- ging, armaments, apparel, tackle, con- ject to the regulations in this part tents and cargo); must possess the capability to provide (ix) Environmental and chronometric adequate long-term curatorial services, specimens (such as pollen, seeds, wood, as set forth in § 79.9 of this part, to shell, bone, charcoal, tree core sam- safeguard and preserve the associated ples, soil, sediment cores, obsidian, vol- records and any material remains that canic ash, and baked clay); and are deposited in the repository. (x) Paleontological specimens that are found in direct physical relation- [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990] ship with a prehistoric or historic resource. § 79.4 Definitions. (2) Associated records means original As used for purposes of this part: records (or copies thereof) that are pre- (a) Collection means material remains pared, assembled and document efforts that are excavated or removed during a to locate, evaluate, record, study, pre- survey, excavation or other study of a serve or recover a prehistoric or his- prehistoric or historic resource, and as- toric resource. Some records such as sociated records that are prepared or field notes, artifact inventories and assembled in connection with the sur- oral histories may be originals that are vey, excavation or other study. prepared as a result of the field work, (1) Material remains means artifacts, analysis and report preparation. Other objects, specimens and other physical records such as deeds, survey plats, his- evidence that are excavated or re- torical maps and diaries may be copies moved in connection with efforts to lo- of original public or archival docu- cate, evaluate, document, study, pre- ments that are assembled and studied

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as a result of historical research. Class- (3) Storing and maintaining a collec- es of associated records (and illus- tion using appropriate methods and trative examples) that may be in a col- containers, and under appropriate envi- lection include, but are not limited to: ronmental conditions and physically (i) Records relating to the identifica- secure controls; tion, evaluation, documentation, (4) Periodically inspecting a collec- study, preservation or recovery of a re- tion and taking such actions as may be source (such as site forms, field notes, necessary to preserve it; drawings, maps, photographs, slides, (5) Providing access and facilities to negatives, films, video and audio cas- study a collection; and sette tapes, oral histories, artifact in- (6) Handling, cleaning, stabilizing ventories, laboratory reports, com- and conserving a collection in such a puter cards and tapes, computer disks manner to preserve it. and diskettes, printouts of computer- (c) Federal Agency Official means any ized data, manuscripts, reports, and ac- officer, employee or agent officially cession, catalog and inventory representing the secretary of the de- records); partment or the head of any other (ii) Records relating to the identi- agency or instrumentality of the fication of a resource using remote United States having primary manage- sensing methods and equipment (such ment authority over a collection that as satellite and aerial photography and is subject to this part. imagery, side scan sonar, (d) Indian lands has the same mean- magnetometers, subbottom profilers, ing as in § –.3(e) of uniform regulations radar and fathometers); 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR part 229. (iii) Public records essential to un- (e) Indian tribe has the same meaning derstanding the resource (such as as in § –.3(f) of uniform regulations 43 deeds, survey plats, military and cen- CFR part 7, 36 CFR part 296, 18 CFR sus records, birth, marriage and death part 1312, and 32 CFR part 229. certificates, immigration and natu- (f) Personal property has the same ralization papers, tax forms and re- meaning as in 41 CFR 100–43.001–14. Col- ports); lections, equipment (e.g., a specimen (iv) Archival records essential to un- cabinet or exhibit case), materials and derstanding the resource (such as his- supplies are classes of personal prop- torical maps, drawings and photo- erty. graphs, manuscripts, architectural and (g) Public lands has the same meaning landscape plans, correspondence, dia- as in § –.3(d) of uniform regulations 43 ries, ledgers, catalogs and receipts); CFR part 7, 36 CFR part 296, 18 CFR and part 1312, and 32 CFR part 229. (v) Administrative records relating (h) Qualified museum professional to the survey, excavation or other means a person who possesses knowl- study of the resource (such as scopes of edge, experience and demonstrable work, requests for proposals, research competence in museum methods and proposals, contracts, antiquities per- techniques appropriate to the nature mits, reports, documents relating to and content of the collection under the compliance with section 106 of the Na- person’s management and care, and tional Historic Preservation Act (16 commensurate with the person’s duties U.S.C. 470f), and National Register of and responsibilities. Standards that Historic Places nomination and deter- may be used, as appropriate, for mination of eligibility forms). classifying positions and for evaluating (b) Curatorial services. Providing cura- a person’s qualifications include, but torial services means managing and are not limited to, the following: preserving a collection according to (1) The Office of Personnel Manage- professional museum and archival ment’s ‘‘Position Classification Stand- practices, including, but not limited to: ards for Positions under the General (1) Inventorying, accessioning, label- Schedule Classification System’’ (U.S. ing and cataloging a collection; Government Printing Office, stock No. (2) Identifying, evaluating and docu- 906–-028–00000–0 (1981)) are used by Fed- menting a collection; eral agencies to determine appropriate

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occupational series and grade levels for may be purchased from the Super- positions in the Federal service. Occu- intendent of Documents, U.S. Govern- pational series most commonly associ- ment Printing Office, Washington, DC ated with museum work are the mu- 20402. Copies may be inspected at the seum curator series (GS/GM–1015) and Office of Personnel Management’s Li- the museum technician and specialist brary, 1900 E Street NW., Washington, series (GS/GM–1016). Other scientific DC, at any regional or area office of and professional series that may have the Office of Personnel Management, collateral museum duties include, but at any Federal Job Information Center, are not limited to, the archivist series and at any personnel office of any Fed- (GS/GM–1420), the archeologist series eral agency. Copies of the ‘‘Secretary (GS/GM–193), the anthropologist series of the Interior’s Standards and Guide- (GS/GM–190), and the historian series lines for Archeology and Historic Pres- (GS/GM–170). In general, grades GS–9 ervation’’ are available at no charge and below are assistants and trainees from the Interagency Resources Divi- while grades GS–11 and above are pro- sion, National Park Service, P.O. Box fessionals at the full performance level. 37127, Washington, DC 20013–7127. Grades GS–11 and above are determined (i) Religious remains means material according to the level of independent remains that the Federal Agency Offi- professional responsibility, degree of cial has determined are of traditional specialization and scholarship, and the religious or sacred importance to an nature, variety, complexity, type and Indian tribe or other group because of scope of the work. customary use in religious rituals or (2) The Office of Personnel Manage- spiritual activities. The Federal Agen- ment’s ‘‘Qualification Standards for cy Official makes this determination in Positions under the General Schedule consultation with appropriate Indian (Handbook X–118)’’ (U.S. Government tribes or other groups. Printing Office, stock No. 906–030–00000– (j) Repository means a facility such as 4 (1986)) establish educational, experi- a museum, archeological center, lab- ence and training requirements for em- oratory or storage facility managed by ployment with the Federal Govern- a university, college, museum, other ment under the various occupational educational or scientific institution, a series. A graduate degree in museum Federal, State or local Government science or applicable subject matter, or agency or Indian tribe that can provide equivalent training and experience, and professional, systematic and account- three years of professional experience able curatorial services on a long-term are required for museum positions at basis. grades GS–11 and above. (k) Repository Official means any offi- (3) The ‘‘Secretary of the Interior’s cer, employee or agent officially rep- Standards and Guidelines for Arche- resenting the repository that is pro- ology and Historic Preservation’’ (48 viding curatorial services for a collec- FR 44716, Sept. 29, 1983) provide tech- tion that is subject to this part. nical advice about archeological and (l) Tribal Official means the chief ex- historic preservation activities and ecutive officer or any officer, employee methods for use by Federal, State and or agent officially representing the In- local Governments and others. One sec- dian tribe. tion presents qualification standards [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. for a number of historic preservation 10, 1990] professions. While no standards are presented for collections managers, § 79.5 Management and preservation museum curators or technicians, of collections. standards are presented for other pro- The Federal Agency Official is re- fessions (i.e., historians, archeologists, sponsible for the long-term manage- architectural historians, architects, ment and preservation of preexisting and historic architects) that may have and new collections subject to this collateral museum duties. part. Such collections shall be placed (4) Copies of the Office of Personnel in a repository with adequate long- Management’s standards, including term curatorial capabilities, as set subscriptions for subsequent updates, forth in § 79.9 of this part, appropriate

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to the nature and content of the collec- cared for, maintained and made acces- tions. sible in accordance with the regula- (a) Preexisting collections. The Federal tions in this part and any terms and Agency Official is responsible for en- conditions that are specified by the suring that preexisting collections, Federal Agency Official; meaning those collections that are (4) When the collection is from Indian placed in repositories prior to the ef- lands, written consent to the disposi- fective date of this rule, are being prop- tion has been obtained from the Indian erly managed and preserved. The Fed- landowner and the Indian tribe having eral Agency Official shall identify such jurisdiction over the lands; and repositories, and review and evaluate (5) The initial processing of the ma- the curatorial services that are being terial remains (including appropriate provided to preexisting collections. cleaning, sorting, labeling, cataloging, When the Federal Agency Official de- stabilizing and packaging) has been termines that such a repository does completed, and associated records have not have the capability to provide ade- been prepared and organized in accord- quate long-term curatorial services, as ance with the repository’s processing set forth in § 79.9 of this part, the Fed- and documentation procedures. eral Agency Official may either: (1) Enter into or amend an existing (c) Retention of records by Federal contract, memorandum, agreement or agencies. The Federal Agency Official other appropriate written instrument shall maintain administrative records for curatorial services for the purpose on the disposition of each collection in- of: cluding, but not limited to: (i) Identifying specific actions that (1) The name and location of the re- shall be taken by the repository, the pository where the collection is depos- Federal agency or other appropriate ited; party to eliminate the inadequacies; (2) A copy of the contract, memo- (ii) Specifying a reasonable period of randum, agreement or other appro- time and a schedule within which the priate written instrument, and any actions shall be completed; and subsequent amendments, between the (iii) Specifying any necessary funds Federal agency, the repository and any or services that shall be provided by other party for curatorial services; the repository, the Federal agency or (3) A catalog list of the contents of other appropriate party to complete the collection that is deposited in the the actions; or repository; (2) Remove the collections from the (4) A list of any other Federal per- repository and deposit them in another sonal property that is furnished to the repository that can provide such serv- repository as a part of the contract, ices in accordance with the regulations memorandum, agreement or other ap- in this part. Prior to moving any col- propriate written instrument for cura- lection that is from Indian lands, the torial services; Federal Agency Official must obtain (5) Copies of reports documenting in- the written consent of the Indian land- spections, inventories and investiga- owner and the Indian tribe having ju- tions of loss, damage or destruction risdiction over the lands. that are conducted pursuant to § 79.11 (b) New collections. The Federal Agen- cy Official shall deposit a collection in of this part; and a repository upon determining that: (6) Any subsequent permanent trans- (1) The repository has the capability fer of the collection (or a part thereof) to provide adequate long-term curato- to another repository. rial services, as set forth in § 79.9 of this part; § 79.6 Methods to secure curatorial services. (2) The repository’s facilities, written curatorial policies and operating proce- (a) Federal agencies may secure cura- dures are consistent with the regula- torial services using a variety of meth- tions in this part; ods, subject to Federal procurement (3) The repository has certified, in and property management statutes, writing, that the collection shall be regulations, and any agency-specific

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statutes and regulations on the man- management and preservation of col- agement of museum collections. Meth- lections prior to preparing a scope of ods that may be used by Federal agen- work or a request for proposals for cu- cies to secure curatorial services in- ratorial services. This will help ensure clude, but are not limited to: that the resulting contract, memo- (1) Placing the collection in a reposi- randum, agreement or other written tory that is owned, leased or otherwise instrument meets the needs of the col- operated by the Federal agency; lection, including any special needs in (2) Entering into a contract or pur- regard to any religious remains. It also chase order with a repository for cura- will aid the Federal Agency Official in torial services; evaluating the qualifications and ap- (3) Entering into a cooperative agree- propriateness of a repository, and in ment, a memorandum of under- determining whether the repository standing, a memorandum of agreement has the capability to provide adequate or other agreement, as appropriate, long-term curatorial services for a col- with a State, local or Indian tribal re- lection. Persons, agencies, institutions pository, a university, museum or and organizations that may be able to other scientific or educational institu- provide technical assistance include, tion that operates or manages a reposi- but are not limited to the: tory, for curatorial services; (1) Federal agency’s Historic Preser- (4) Entering into an interagency vation Officer; agreement with another Federal agen- (2) State Historic Preservation Offi- cy for curatorial services; cer; (5) Transferring the collection to an- (3) Tribal Historic Preservation Offi- other Federal agency for preservation; cer; and (6) For archeological activities per- (4) State Archeologist; mitted on public or Indian lands under (5) Curators, collections managers, the Archaeological Resources Protec- conservators, archivists, archeologists, tion Act (16 U.S.C. 470 aa-mm), the An- historians and anthropologists in Fed- tiquities Act (16 U.S.C. 431–433) or other eral and State Government agencies authority, requiring the archeological and Indian tribal museum; permittee to provide for curatorial (6) Indian tribal elders and religious services as a condition to the issuance leaders; of the archeological permit. (7) Smithsonian Institution; (b) Guidelines for selecting a repository. (8) American Association of Muse- (1) When possible, the collection should ums; and be deposited in a repository that: (9) National Park Service. (i) Is in the State of origin; (ii) Stores and maintains other col- [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. lections from the same site or project 10, 1990] location; or § 79.7 Methods to fund curatorial serv- (iii) Houses collections from a simi- ices. lar geographic region or cultural area. (2) The collection should not be sub- A variety of methods are used by divided and stored at more than a sin- Federal agencies to ensure that suffi- gle repository unless such subdivision cient funds are available for adequate, is necessary to meet special storage, long-term care and maintenance of col- conservation or research needs. lections. Those methods include, but (3) Except when non-federally-owned are not limited to, the following: material remains are retained and dis- (a) Federal agencies may fund a vari- posed of by the owner, material re- ety of curatorial activities using mon- mains and associated records should be ies appropriated annually by the U.S. deposited in the same repository to Congress, subject to any specific statu- maintain the integrity and research tory authorities or limitations applica- value of the collection. ble to a particular agency. As appro- (c) Sources for technical assistance. The priate, curatorial activities that may Federal Agency Official should consult be funded by Federal agencies include, with persons having expertise in the but are not limited to:

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(1) Purchasing, constructing, leasing, provide curatorial services at no cost renovating, upgrading, expanding, op- to the U.S. Government. This generally erating, and maintaining a repository occurs when a collection is excavated that has the capability to provide ade- or removed from public or Indian lands quate long-term curatorial services as under a research permit issued pursu- set forth in § 79.9 of this part; ant to the Antiquities Act (16 U.S.C. (2) Entering into and maintaining on 431–433) or the Archaeological Re- a cost-reimbursable or cost-sharing sources Protection Act (16 U.S.C. 470aa- basis a contract, memorandum, agree- mm). A repository also may agree to ment, or other appropriate written in- provide curatorial services as a public strument with a repository that has service or as a means of ensuring direct the capability to provide adequate access to a collection for long-term long-term curatorial services as set study and use. Federal agencies should forth in § 79.9 of this part; ensure that a repository that agrees to (3) As authorized under section 110(g) provide curatorial services at no cost of the National Historic Preservation to the U.S. Government has sufficient Act (16 U.S.C. 470h–2), reimbursing a financial resources to support its oper- grantee for curatorial costs paid by the ations and any needed improvements. grantee as a part of the grant project; (d) Funds provided to a repository for (4) As authorized under section 110(g) curatorial services should include costs of the National Historic Preservation for initially processing, cataloging and Act (16 U.S.C. 470h–2), reimbursing a accessioning the collection as well as State agency for curatorial costs paid costs for storing, inspecting, by the State agency to carry out the inventorying, maintaining, and con- historic preservation responsibilities of serving the collection on a long-term the Federal agency; basis. (5) Conducting inspections and inven- (1) Funds to initially process, catalog tories in accordance with § 79.11 of this and accession a collection to be gen- part; and erated during identification and eval- (6) When a repository that is housing uation surveys should be included in and maintaining a collection can no project planning budgets. longer provide adequate long-term curatorial services, as set forth in § 79.9 of (2) Funds to initially process, catalog this part, either: and accession a collection to be gen- (i) Providing such funds or services erated during data recovery operations as may be agreed upon pursuant to should be included in project mitiga- § 79.5(a)(1) of this part to assist the re- tion budgets. pository in eliminating the defi- (3) Funds to store, inspect, inventory, ciencies; or maintain and conserve a collection on (ii) Removing the collection from the a long-term basis should be included in repository and depositing it in another annual operating budgets. repository that can provide curatorial (e) When the Federal Agency Official services in accordance with the regula- determines that data recovery costs tions in this part. may exceed the one percent limitation (b) As authorized under section 110(g) contained in the Archeological and His- of the National Historic Preservation toric Preservation Act (16 U.S.C. 469c), Act (16 U.S.C. 470h–2) and section 208(2) as authorized under section 208(3) of of the National Historic Preservation the National Historic Preservation Act Act Amendments (16 U.S.C. 469c–2), for Amendments (16 U.S.C. 469c–2), the lim- federally licensed or permitted projects itation may be waived, in appropriate or programs, Federal agencies may cases, after the Federal Agency Official charge licensees and permittees rea- has: sonable costs for curatorial activities (1) Obtained the concurrence of the associated with identification, surveys, Secretary of the U.S. Department of evaluation and data recovery as a con- the Interior by sending a written re- dition to the issuance of a Federal li- quest to the Departmental Consulting cense or permit. Archeologist, National Park Service, (c) Federal agencies may deposit col- P.O. Box 37127, Washington, DC 20013– lections in a repository that agrees to 7127; and

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(2) Notified the Committee on Energy provided by the repository, the Federal and Natural Resources of the U.S. Sen- agency and any other appropriate ate and the Committee on Interior and party; and the schedule for any pay- Insular Affairs of the U.S. House of ments; Representatives. (i) Any special procedures and restrictions for handling, storing, in- [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990] specting, inventorying, cleaning, conserving, and exhibiting the collection; § 79.8 Terms and conditions to include (j) Instructions and any terms and in contracts, memoranda and agree- conditions for making the collection ments for curatorial services. available for scientific, educational The Federal Agency Official shall en- and religious uses, including proce- sure that any contract, memorandum, dures and criteria to be used by the Re- agreement or other appropriate written pository Official to review, approve or instrument for curatorial services that deny, and document actions taken in is entered into by or on behalf of that response to requests for study, labora- Official, a Repository Official and any tory analysis, loan, exhibition, use in other appropriate party contains the religious rituals or spiritual activities, following: and other uses. When the Repository (a) A statement that identifies the Official to approve consumptive uses, collection or group of collections to be this should be specified; otherwise, the covered and any other U.S. Govern- Federal Agency Official should review ment-owned personal property to be and approve consumptive uses. When furnished to the repository; the repository’s existing operating pro- (b) A statement that identifies who cedures and criteria for evaluating re- owns and has jurisdiction over the col- quests to use collections are consistent lection; with the regulations in this part, they (c) A statement of work to be per- may be used, after making any nec- formed by the repository; essary modifications, in lieu of devel- (d) A statement of the responsibil- oping new ones; ities of the Federal agency and any (k) Instructions for restricting access other appropriate party; to information relating to the nature, (e) When the collection is from In- location and character of the pre- dian lands: historic or historic resource from (1) A statement that the Indian land- which the material remains are exca- owner and the Indian tribe having ju- vated or removed; risdiction over the lands consent to the (l) A statement that copies of any disposition; and publications resulting from study of (2) Such terms and conditions as may the collection are to be provided to the be requested by the Indian landowner Federal Agency Official and, when the and the Indian tribe having jurisdic- collection is from Indian lands, to the tion over the lands; Tribal Official and the Tribal Historic (f) When the collection is from a site Preservation Officer, if any, of the In- on public lands that the Federal Agen- dian tribe that owns or has jurisdiction cy Official has determined is of reli- over such lands; gious or cultural importance to any In- (m) A statement that specifies the dian tribe having aboriginal or historic frequency and methods for conducting ties to such lands, such terms and con- and documenting the inspections and ditions as may have been developed inventories stipulated in § 79.11 of this pursuant to § –.7 of uniform regulations part; 43 CFR part 7, 36 CFR part 296, 18 CFR (n) A statement that the Repository part 1312, and 32 CFR part 229; Official shall redirect any request for (g) The term of the contract, memo- transfer or repatriation of a federally- randum or agreement; and procedures owned collection (or any part thereof) for modification, suspension, exten- to the Federal Agency Official, and re- sion, and termination; direct any request for transfer or repa- (h) A statement of costs associated triation of a federally administered with the contract, memorandum or collection (or any part thereof) to the agreement; the funds or services to be Federal Agency Official and the owner;

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(o) A statement that the Repository (2) Dedicate the requisite facilities, Official shall not transfer, repatriate or equipment and space in the physical discard a federally-owned collection (or plant to properly store, study and con- any part thereof) without the written serve the collection. Space used for permission of the Federal Agency Offi- storage, study, conservation and, if ex- cial, and not transfer, repatriate or dis- hibited, any exhibition must not be card a federally administered collec- used for non-curatorial purposes that tion (or any part thereof) without the would endanger or damage the collec- written permission of the Federal tion; Agency Official and the owner; (3) Keep the collection under phys- (p) A statement that the Repository ically secure conditions within storage, Official shall not sell the collection; laboratory, study and any exhibition and areas by: (q) A statement that the repository (i) Having the physical plant meet shall provide curatorial services in ac- local electrical, fire, building, health cordance with the regulations in this and safety codes; part. (ii) Having an appropriate and operational fire detection and suppression § 79.9 Standards to determine when a system; repository possesses the capability to provide adequate long-term cura- (iii) Having an appropriate and oper- torial services. ational intrusion detection and deter- rent system; The Federal Agency Official shall de- (iv) Having an adequate emergency termine that a repository has the capa- management plan that establishes pro- bility to provide adequate long-term cedures for responding to fires, floods, curatorial services when the repository natural disasters, civil unrest, acts of is able to: (a) Accession, label, catalog, store, violence, structural failures and fail- maintain, inventory and conserve the ures of mechanical systems within the particular collection on a long-term physical plant; basis using professional museum and (v) Providing fragile or valuable archival practices; and items in a collection with additional (b) Comply with the following, as ap- security such as locking the items in a propriate to the nature and consent of safe, vault or museum specimen cabi- the collection; net, as appropriate; (1) Maintain complete and accurate (vi) Limiting and controlling access records of the collection, including: to keys, the collection and the physical (i) Records on acquisitions; plant; and (ii) Catalog and artifact inventory (vii) Inspecting the physical plant in lists; accordance with § 79.11 of this part for (iii) Descriptive information, includ- possible security weaknesses and envi- ing field notes, site forms and reports; ronmental control problems, and tak- (iv) Photographs, negatives and ing necessary actions to maintain the slides; integrity of the collection; (v) Locational information, including (4) Require staff and any consultants maps; who are responsible for managing and (vi) Information on the condition of preserving the collection to be quali- the collection, including any com- fied museum professionals; pleted conservation treatments; (5) Handle, store, clean, conserve and, (vii) Approved loans and other uses; if exhibited, exhibit the collection in a (viii) Inventory and inspection manner that: records, including any environmental (i) Is appropriate to the nature of the monitoring records; material remains and associated (ix) Records on lost, deteriorated, records; damaged or destroyed Government (ii) Protects them from breakage and property; and possible deterioration from adverse (x) Records on any deaccessions and temperature and relative humidity, subsequent transfers, repatriations or visible light, ultraviolet radiation, discards, as approved by the Federal dust, soot, gases, mold, fungus, insects, Agency Official; rodents and general neglect; and

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(iii) Preserves data that may be stud- (9) Provide access to the collection in ied in future laboratory analyses. When accordance with § 79.10 of this part. material remains in a collection are to be treated with chemical solutions or [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990] preservatives that will permanently alter the remains, when possible, re- § 79.10 Use of collections. tain untreated representative samples of each affected artifact type, environ- (a) The Federal Agency Official shall mental specimen or other category of ensure that the Repository Official material remains to be treated. Un- makes the collection available for sci- treated samples should not be sta- entific, educational and religious uses, bilized or conserved beyond dry brush- subject to such terms and conditions as ing; are necessary to protect and preserve (6) Store site forms, field notes, arti- the condition, research potential, reli- facts inventory lists, computer disks gious or sacred importance, and and tapes, catalog forms and a copy of uniqueness of the collection. the final report in a manner that will (b) Scientific and educational uses. A protect them from theft and fire such collection shall be made available to as: qualified professionals for study, loan (i) Storing the records in an appro- and use for such purposes as in-house priate insulated, fire resistant, locking and traveling exhibits, teaching, public cabinet, safe, vault or other container, interpretation, scientific analysis and or in a location with a fire suppression scholarly research. Qualified profes- system; sionals would include, but not be lim- (ii) Storing a duplicate set of records ited to, curators, conservators, collec- in a separate location; or tion managers, exhibitors, researchers, (iii) Ensuring that records are main- scholars, archeological contractors and tained and accessible through another educators. Students may use a collec- party. For example, copies of final re- tion when under the direction of a ports and site forms frequently are qualified professional. Any resulting maintained by the State Historic Pres- exhibits and publications shall ac- ervation Officer, the State Archeolo- knowledge the repository as the cura- gist or the State museum or univer- torial facility and the Federal agency sity. The Tribal Historic Preservation as the owner or administrator, as ap- Officer and Indian tribal museum ordi- propriate. When the collection is from narily maintain records on collections Indian lands and the Indian landowner recovered from sites located on Indian and the Indian tribe having jurisdic- lands. The National Technical Informa- tion over the lands wish to be identi- tion Service and the Defense Technical fied, those individuals and the Indian Information Service maintain copies of tribe shall also be acknowledged. Cop- final reports that have been deposited ies of any resulting publications shall by Federal agencies. The National Ar- be provided to the Repository Official cheological Database maintains sum- and the Federal Agency Official. When mary information on archeological re- Indian lands are involved, copies of ports and projects, including informa- such publications shall also be provided tion on the location of those reports. to the Tribal Official and the Tribal (7) Inspect the collection in accord- Historic Preservation Officer, if any, of ance with § 79.11 of this part for pos- the Indian tribe that owns or has juris- sible deterioration and damage, and diction over such lands. perform only those actions as are abso- (c) Religious uses. Religious remains lutely necessary to stabilize the collec- in a collection shall be made available tion and rid it of any agents of deterio- to persons for use in religious rituals ration; or spiritual activities. Religious re- (8) Conduct inventories in accordance mains generally are of interest to med- with § 79.11 of this part to verify the lo- icine men and women, and other reli- cation of the material remains, associ- gious practitioners and persons from ated records and any other Federal per- Indian tribes, Alaskan Native corpora- sonal property that is furnished to the tions, Native Hawaiians, and other in- repository; and digenous and immigrant ethnic, social

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and religious groups that have aborigi- or cultural importance to any Indian nal or historic ties to the lands from tribe having aboriginal or historic ties which the remains are recovered, and to such lands, the Federal Agency Offi- have traditionally used the remains or cial shall place such terms and condi- class of remains in religious rituals or tions as may have been developed pur- spiritual activities. suant to § –.7 of uniform regulations 43 (d) Terms and conditions. (1) In accord- CFR part 7, 36 CFR part 296, 18 CFR ance with section 9 of the Archae- part 1312, and 32 CFR part 229 on: ological Resources Protection Act (16 (i) Scientific, educational or religious U.S.C. 470hh) and section 304 of the Na- uses of material remains; and tional Historic Preservation Act (16 (ii) Access to associated records that U.S.C. 470 w–3), the Federal Agency Of- contain information relating to the na- ficial shall restrict access to associated ture, location or character of the re- records that contain information relat- source. ing to the nature, location or character (5) The Federal Agency Official shall of a prehistoric or historic resource un- not allow uses that would alter, dam- less the Federal Agency Official deter- age or destroy an object in a collection mines that such disclosure would not unless the Federal Agency Official de- create a risk of harm, theft or destruc- termines that such use is necessary for tion to the resource or to the area or scientific studies or public interpreta- place where the resource is located. tion, and the potential gain in sci- (2) Section –.18(a)(2) of uniform regu- entific or interpretive information out- lations 43 CFR part 7, 36 CFR part 296, weighs the potential loss of the object. 18 CFR part 1312, and 32 CFR part 229 When possible, such use should be lim- sets forth procedures whereby informa- ited to unprovenienced, nonunique, tion relating to the nature, location or nonfragile objects, or to a sample of character of a prehistoric or historic objects drawn from a larger collection resource may be made available to the of similar objects. Governor of any State. The Federal (e) No collection (or a part thereof) Agency Official may make information shall be loaned to any person without a available to other persons who, fol- written agreement between the Reposi- lowing the procedures in § –.18(a)(2) of tory Official and the borrower that the referenced uniform regulations, specifies the terms and conditions of demonstrate that the disclosure will the loan. Appendix C to the regulations not create a risk of harm, theft or de- in this part contains an example of a struction to the resource or to the area short-term loan agreement for a feder- or place where the resource is located. ally-owned collection. At a minimum, Other persons generally would include, a loan agreement shall specify: but not be limited to, archeological (1) The collection or object being contractors, researchers, scholars, trib- loaned; al representatives, Federal, State and (2) The purpose of the loan; local agency personnel, and other per- (3) The length of the loan; sons who are studying the resource or (4) Any restrictions on scientific, class or resources. educational or religious uses, including (3) When a collection is from Indian whether any object may be altered, lands, the Federal Agency Official shall damaged or destroyed; place such terms and conditions as (5) Except as provided in paragraph may be requested by the Indian land- (e)(4) of this section, that the borrower owner and the Indian tribe having ju- shall handle the collection or object risdiction over the lands on: being borrowed during the term of the (i) Scientific, educational or religious loan in accordance with this part so as uses of material remains; and not to damage or reduce its scientific, (ii) Access to associated records that educational, religious or cultural contain information relating to the na- value; and ture, location or character of the re- (6) Any requirements for insuring the source. collection or object being borrowed for (4) When a collection is from a site on any loss, damage or destruction during public lands that the Federal Agency transit and while in the borrower’s pos- Official has determined is of religious session.

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(f) The Federal Agency Official shall (6) Periodically inventories any other ensure that the Repository Official U.S. Government-owned personal prop- maintains administrative records that erty in the possession of the reposi- document approved scientific, edu- tory; cational and religious uses of the col- (7) Has qualified museum profes- lection. sionals conduct the inspections and in- (g) The Repository Official may ventories; charge persons who study, borrow or (8) Following each inspection and in- use a collection (or a part thereof) rea- ventory, prepares and provides the Fed- sonable fees to cover costs for han- eral Agency Official with a written re- dling, packing, shipping and insuring port of the results of the inspection material remains, for photocopying as- and inventory, including the status of sociated records, and for other related the collection, treatments completed incidental costs. and recommendations for additional treatments. When the collection is § 79.11 Conduct of inspections and inventories. from Indian lands, the Indian landowner and the Tribal Official of the In- (a) The inspections and inventories dian tribe that has jurisdiction over specified in this section shall be con- the lands shall also be provided with a ducted periodically in accordance with copy of the report; the Federal Property and Administra- (9) Within five (5) days of the dis- tive Services Act (40 U.S.C. 484), its im- covery of any loss or theft of, deterio- plementing regulation (41 CFR part ration and damage to, or destruction of 101), any agency-specific regulations on the collection (or a part thereof) or any the management of Federal property, other U.S. Government-owned personal and any agency-specific statutes and property, prepares and provides the regulations on the management of mu- Federal Agency Official with a written seum collections. notification of the circumstances sur- (b) Consistent with paragraph (a) of rounding the loss, theft, deterioration, this section, the Federal Agency Offi- damage or destruction. When the col- cial shall ensure that the Repository lection is from Indian lands, the Indian Official: landowner and the Tribal Official of (1) Provides the Federal Agency Offi- the Indian tribe that has jurisdiction cial and, when the collection is from over the lands shall also be provided Indian lands, the Indian landowner and with a copy of the notification; and the Tribal Official of the Indian tribe that has jurisdiction over the lands (10) Makes the repository, the collec- with a copy of the catalog list of the tion and any other U.S. Government- contents of the collection received and owned personal property available for accessioned by the repository; periodic inspection by the: (2) Provides the Federal Agency Offi- (i) Federal Agency Official; cial will a list of any other U.S. Gov- (ii) When the collection is from In- ernment-owned personal property re- dian lands, the Indian landowner and ceived by the repository; the Tribal Official of the Indian tribe (3) Periodically inspects the physical that has jurisdiction over the lands; plant for the purpose of monitoring the and physical security and environmental (iii) When the collection contains re- control measures; ligious remains, the Indian tribal el- (4) Periodically inspects the collec- ders, religious leaders, and other offi- tion for the purposes of assessing the cials representing the Indian tribe or condition of the material remains and other group for which the remains have associated records, and of monitoring religious or sacred importance. those remains and records for possible (c) Consistent with paragraph (a) of deterioration and damage; this section, the Federal Agency Offi- (5) Periodically inventories the col- cial shall have qualified Federal agen- lection by accession, lot or catalog cy professionals: record for the purpose of verifying the (1) Investigate reports of a lost, sto- location of the material remains and len, deteriorated, damaged or de- associated records; stroyed collection (or a part thereof) or

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any other U.S. Government-owned per- spections and inventories of a par- sonal property; and ticular collection. (2) Periodically inspect the reposi- (e) Consistent with the Single Audit tory, the collection and any other U.S. Act (31 U.S.C. 75), when two or more Government-owned personal property Federal agencies deposit collections in for the purposes of: the same repository, the Federal Agen- (i) Determining whether the reposi- cy Officials should enter into an inter- tory is in compliance with the min- agency agreement for the purposes of: imum standards set forth in § 79.9 of (1) Requesting the Repository Official this part; and to coordinate the inspections and in- (ii) Evaluating the performance of ventories, stipulated in paragraph (b) the repository in providing curatorial of this section, for each of the collec- services under any contract, memo- tions; randum, agreement or other appro- (2) Designating one or more qualified priate written instrument. Federal agency professionals to: (d) The frequency and methods for (i) Conduct inspections, stipulated in conducting and documenting inspec- paragraph (c)(2) of this section, on be- tions and inventories stipulated in this half of the other agencies; and section shall be mutually agreed upon, (ii) Following each inspection, pre- in writing, by the Federal Agency Offi- pare and distribute to each Federal cial and the Repository Official, and be Agency Official a written report of appropriate to the nature and content findings, including an evaluation of of the collection: performance and recommendations to (1) Collections from Indian lands correct any deficiencies and resolve shall be inspected and inventoried in any problems that were identified. accordance with such terms and condi- When the collection is from Indian tions as may be requested by the In- lands, the Indian landowner and the dian landowner and the Indian tribe Tribal Official of the Indian tribe that having jurisdiction over the lands. has jurisdiction over the lands shall (2) Religious remains in collections also be provided with a copy of the re- from public lands shall be inspected port; and and inventoried in accordance with (3) Ensuring consistency in the con- such terms and conditions as may have duct of inspections and inventories been developed pursuant to § –.7 of uni- conducted pursuant to this section. form regulations 43 CFR part 7, 36 CFR part 296, 18 CFR part 1312, and 32 CFR [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. 10, 1990] part 229. (3) Material remains and records of a APPENDIX A TO PART 79—EXAMPLE OF A fragile or perishable nature should be DEED OF GIFT inspected for deterioration and damage on a more frequent basis than lithic or DEED OF GIFT more stable remains or records. TO THE (4) Because frequent handling will ac- (Name of the Federal agency) celerate the breakdown of fragile mate- Whereas, the (name of the Federal agency), rials, material remains and records hereinafter called the Recipient, is dedi- should be viewed but handled as little cated to the preservation and protection of artifacts, specimens and associated records as possible during inspections and in- that are generated in connection with its ventories. projects and programs; (5) Material remains and records of a Whereas, certain artifacts and specimens, valuable nature should be inventoried listed in Attachment A to this Deed of on a more frequent basis than other Gift, were recovered from the (name of the less valuable remains or records. prehistoric or historic resource) site in (6) Persons such as those listed in connection with the Recipient’s (name of § 79.6(c) of this part who have expertise the Recipient’s project) project; in the management and preservation of Whereas, the (name of the prehistoric or historic resource) site is located on lands to similar collections should be able to which title is held by (name of the donor), provide advice to the Federal Agency hereinafter called the Donor, and that the Official concerning the appropriate fre- Donor holds free and clear title to the arti- quency and methods for conducting in- facts and specimens; and

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Whereas, the Donor is desirous of donating eral Government’s responsibility to ensure the artifacts and specimens to the Recipi- that the Collection is suitably managed ent to ensure their continued preservation and preserved for the public good; and and protection; Whereas, the Parties hereto recognize the Now therefore, the Donor does hereby uncon- mutual benefits to be derived by having ditionally donate to the Recipient, for un- the Collection suitably housed and main- restricted use, the artifacts and specimens tained by the Repository; listed in Attachment A to this Deed of Now therefore, the Parties do mutually agree Gift; and as follows: The Recipient hereby gratefully 1. The Repository shall: acknowleges the receipt of the artifacts and a. Provide for the professional care and specimens. management of the Collection from the Signed: (signature of the Donor) (names of the prehistoric and historic re- Date: (date) sources) sites, assigned (list site numbers) site numbers. The collections were recovered Signed: (signature of the Federal Agency Of- in connection with the (name of the Federal ficial) or federally-authorized project) project, lo- Date: (date) cated in (name of the nearest city or town), (name of the county) county, in the State of Attachment A: Inventory of Artifacts and (name of the State). Specimens. b. Perform all work necessary to protect [55 FR 37630, Sept. 12, 1990; 55 FR 41639, Oct. the Collection in accordance with the regula- 10, 1990] tion 36 CFR part 79 for the curation of federally-owned and administered archeological APPENDIX B TO PART 79—EXAMPLE OF A collections and the terms and conditions MEMORANDUM OF UNDERSTANDING stipulated in Attachment C to this Memo- FOR CURATORIAL SERVICES FOR A randum. FEDERALLY-OWNED COLLECTION c. Assign as the Curator, the Collections Manager and the Conservator having respon- MEMORANDUM OF UNDERSTANDING FOR sibility for the work under this Memo- CURATORIAL SERVICES BETWEEN THE randum, persons who are qualified museum (Name of the Federal agency) professionals and whose expertise is appro- AND THE priate to the nature and content of the Col- (Name of the Repository) lection. This Memorandum of Understanding is en- d. Begin all work on or about (month, date tered into this (day) day of (month and and year) and continue for a period of (num- year), between the United States of America, ber of years) years or until sooner termi- acting by and through the (name of the Fed- nated or revoked in accordance with the eral agency), hereinafter called the Deposi- terms set forth herein. tor, and the (name of the Repository), here- e. Provide and maintain a repository facil- inafter called the Repository, in the State of ity having requisite equipment, space and (name of the State). adequate safeguards for the physical security The Parties do witnesseth that, and controlled environment for the Collec- Whereas, the Depositor has the responsibility tion and any other U.S. Government-owned under Federal law to preserve for future personal property in the possession of the use certain collections of archeological ar- Repository. tifacts, specimens and associated records, f. Not in any way adversely alter or deface herein called the Collection, listed in At- any of the Collection except as may be abso- tachment A which is attached hereto and lutely necessary in the course of stabiliza- made a part hereof, and is desirous of ob- tion, conservation, scientific study, analysis taining curatorial services; and and research. Any activity that will involve Whereas, the Repository is desirous of ob- the intentional destruction of any of the Col- taining, housing and maintaining the Col- lection must be approved in advance and in lection, and recognizes the benefits which writing by the Depositor. will accrue to it, the public and scientific g. Annually inspect the facilities, the Col- interests by housing and maintaining the lection and any other U.S. Government- Collection for study and other educational owned personal property. Every (number of purposes; and years) years inventory the Collection and Whereas, the Parties hereto recognize the any other U.S. Government-owned personal Federal Government’s continued ownership property. Perform only those conservation and control over the Collection and any treatments as are absolutely necessary to other U.S. Government-owned personal ensure the physical stability and integrity of property, listed in Attachment B which is the Collection, and report the results of in- attached hereto and made a part hereof, ventories, inspections and treatments to the provided to the Repository, and the Fed- Depositor.

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h. Within five (5) days of discovery, report tered archeological collections; the terms all instances of and circumstances sur- and conditions stipulated in Attachment C rounding loss of, deterioration and damage to this Memorandum; any conditions for to, or destruction of the Collection and any handling, packaging and transporting the other U.S. Government-owned personal prop- Collection; and other conditions that may be erty to the Depositor, and those actions specified by the Repository to prevent break- taken to stabilize the Collection and to cor- age, deterioration and contamination. rect any deficiencies in the physical plant or 4. The Collection or portions thereof may operating procedures that may have contrib- be exhibited, photographed or otherwise re- uted to the loss, deterioration, damage or de- produced and studied in accordance with the struction. Any actions that will involve the terms and conditions stipulated in Attach- repair and restoration of any of the Collec- ment C to this Memorandum. All exhibits, tion and any other U.S. Government-owned reproductions and studies shall credit the personal property must be approved in ad- Depositor, and read as follows: ‘‘Courtesy of vance and in writing by the Depositor. the (name of the Federal agency).’’ The Re- i. Review and approve or deny requests for pository agrees to provide the Depositor access to or short-term loan of the Collec- with copies of any resulting publications. tion (or a part thereof) for scientific, edu- 5. The Repository shall maintain complete cational or religious uses in accordance with and accurate records of the Collection and the regulation 36 CFR part 79 for the any other U.S. Government-owned personal curation of federally-owned and adminis- property, including information on the tered archeological collections and the terms study, use, loan and location of said Collec- and conditions stipulated in Attachment C of tion which has been removed from the prem- this Memorandum. In addition, refer re- ises of the Repository. quests for consumptive uses of the Collection 6. Upon execution by both parties, this (or a part thereof) to the Depositor for ap- Memorandum of Understanding shall be ef- proval or denial. fective on this (day) day of (month and year), j. Not mortgage, pledge, assign, repatriate, and shall remain in effect for (number of transfer, exchange, give, sublet, discard or years) years, at which time it will be re- part with possession of any of the Collection viewed, revised, as necessary, and reaffirmed or any other U.S. Government-owned per- or terminated. This Memorandum may be re- sonal property in any manner to any third vised or extended by mutual consent of both party either directly or in-directly without parties, or by issuance of a written amend- the prior written permission of the Deposi- ment signed and dated by both parties. Ei- tor, and redirect any such request to the De- ther party may terminate this Memorandum positor for response. In addition, not take by providing 90 days written notice. Upon any action whereby any of the Collection or termination, the Repository shall return any other U.S. Government-owned personal such Collection and any other U.S. Govern- property shall or may be encumbered, seized, ment-owned personal property to the des- taken in execution, sold, attached, lost, sto- tination directed by the Depositor and in len, destroyed or damaged. such manner to preclude breakage, loss, de- 2. The Depositor shall: a. On or about (month, date and year), deterioration and contamination during han- liver or cause to be delivered to the Reposi- dling, packaging and shipping, and in accord- tory the Collection, as described in Attach- ance with other conditions specified in writ- ment A, and any other U.S. Government- ing by the Depositor. If the Repository ter- owned personal property, as described in At- minates, or is in default of, this Memo- tachment B. randum, the Repository shall fund the pack- b. Assign as the Depositor’s Representative aging and transportation costs. If the De- having full authority with regard to this positor terminates this Memorandum, the Memorandum, a person who meets pertinent Depositor shall fund the packaging and professional qualifications. transportation costs. c. Every (number of years) years, jointly 7. Title to the Collection being cared for with the Repository’s designated representa- and maintained under this Memorandum lies tive, have the Depositor’s Representative in- with the Federal Government. spect and inventory the Collection and any In witness whereof, the Parties hereto have other U.S. Government-owned personal prop- executed this Memorandum. erty, and inspect the repository facility. Signed: (signature of the Federal Agency Of- d. Review and approve or deny requests for ficial) consumptively using the Collection (or a part thereof). Date: (date) 3. Removal of all or any portion of the Col- Signed: (signature of the Repository Official) lection from the premises of the Repository Date: (date) for scientific, educational or religious purposes may be allowed only in accordance Attachment A: Inventory of the Collection with the regulation 36 CFR part 79 for the Attachment B: Inventory of any other U.S. curation of federally-owned and adminis- Government-owned Personal Property

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Attachment C: Terms and Conditions Re- The Borrower agrees to assume full respon- quired by the Depositor sibility for insuring the Collection or for providing funds for the repair or replacement of APPENDIX C TO PART 79—EXAMPLE OF A objects that are damaged or lost during tran- SHORT-TERM LOAN AGREEMENT FOR sit and while in the Borrower’s possession. A FEDERALLY-OWNED COLLECTION Within five (5) days of discovery, the Bor- rower will notify the Repository of instances SHORT-TERM LOAN AGREEMENT and circumstances surrounding any loss of, BETWEEN THE deterioration and damage to, or destruction (Name of the Repository) of the Collection and will, at the direction of AND THE the Repository, take steps to conserve dam- (Name of the Borrower) aged materials. The Borrower agrees to acknowledge and The (name of the Repository), hereinafter credit the U.S. Government and the Reposi- called the Repository, agrees to loan to tory in any exhibits or publications resulting (name of the Borrower), hereinafter called from the loan. The credit line shall read as the Borrower, certain artifacts, specimens follows: ‘‘Courtesy of the (names of the Fed- and associated records, listed in Attachment eral agency and the Repository).’’ The Bor- A, which were collected from the (name of rower agrees to provide the Repository and the prehistoric or historic resource) site the (name of the Federal agency) with copies which is assigned (list site number) site of any resulting publications. number. The collection was recovered in con- Upon termination of this agreement, the nection with the (name of the Federal or fed- Borrower agrees to properly package and erally authorized project) project, located in ship or transport the Collection to the Re- (name of the nearest city or town), (name of pository. the county) county in the State of (name of Either party may terminate this agree- the State). The Collection is the property of ment, effective not less than (number of the U.S. Government. days) days after receipt by the other party of The artifacts, specimens and associated written notice, without further liability to records are being loaned for the purpose of either party. (cite the purpose of the loan), beginning on (month, day and year) and ending on (month, Signed: (signature of the Repository Official) day and year). Date: (date) During the term of the loan, the Borrower agrees to handle, package and ship or trans- Signed: (signature of the Borrower) port the Collection in a manner that pro- Date: (date) tects it from breakage, loss, deterioration Attachment A: Inventory of the Objects and contamination, in conformance with the being Loaned. regulation 36 CFR part 79 for the curation of Attachment B: Terms and Conditions of federally-owned and administered archeo- the Loan. logical collections and the terms and conditions stipulated in Attachment B to this loan agreement. PARTS 80–199 [RESERVED]

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